LIMITED EDITION Return surplus editions to Georgia Secretary of the Senate's Office Compiler's Note The Journal of the Senate for the regular session of 2012 is bound in three separate volumes. Volume One contains January 9, 2012 through March 12, 2012. Volume Two contains March 13, 2012 through March 26, 2012. Volume Three contains March 27, 2012 through March 29, 2012 and the complete index. JOURNAL OF THE SENATE OF THE STATE OF GEORGIA REGULAR SESSION 2012 SECOND SESSION OF THE 151ST GENERAL ASSEMBLY Commenced at Atlanta, Georgia, Monday, January 9, 2012 and adjourned Thursday, March 29, 2012 VOLUME ONE Printed on Recycled Paper OFFICERS OF THE STATE SENATE 2012 CASEY CAGLE................................................................ President (Lieutenant Governor) HALL COUNTY TOMMIE WILLIAMS ..................................................................... President Pro Tempore TOOMBS COUNTY ROBERT F. EWING........................................................................ Secretary of the Senate DEKALB COUNTY JOHN LONG ............................................................................................. Sergeant at Arms DEKALB COUNTY STAFF OF SECRETARY OF THE SENATE AGNES DOSTER ................................................................................................. Bill Clerk GWINNETT 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 2011-2012 Senators District Address John Albers (R)................................................................... 56 ....................Roswell Don Balfour (R).................................................................... 9 ....................Snellville Charlie Bethel (R)............................................................... 54 ....................Dalton John Bulloch (R)................................................................. 11 ....................Ochlocknee Gloria S. Butler (D) ............................................................ 55 ....................Stone Mountain Earl L. "Buddy" Carter (R) .................................................. 1 ....................Pooler Jason Carter (D).................................................................. 42 ....................Decatur Ronnie Chance (R) ............................................................. 16 ....................Tyrone Bill Cowsert (R).................................................................. 46 ....................Athens Mike Crane (R) ................................................................... 28 ....................Newnan John D. Crosby (R)............................................................. 13 ....................Tifton Gail Davenport (D) ............................................................. 44 ....................Jonesboro Hardie Davis, Jr. (D)........................................................... 22 ....................Gracewood Vincent D. Fort (D) ............................................................ 39 ....................Atlanta Frank Ginn (R).................................................................... 47 ....................Danielsville Greg Goggans (R)................................................................. 7 ....................Douglas Tim Golden (D) .................................................................... 8 ....................Valdosta Steve Gooch (R) ................................................................. 51 ....................Dahlonega Johnny Grant (R) ................................................................ 25 ....................Milledgeville Bill Hamrick (R) ................................................................. 30 ....................Carrollton Ed Harbison (D).................................................................. 15 ....................Columbus 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 William "Bill" Jackson (R) ................................................ 24 ....................Appling Lester G. Jackson (D) ........................................................... 2 ....................Savannah Donzella James (D) ............................................................ 35 ....................College Park Rick Jeffares (R)................................................................. 17 ....................Locust Grove Emanuel Jones (D).............................................................. 10 ....................Decatur William Ligon, Jr. (R) .......................................................... 3 ....................Brunswick Barry Loudermilk (R)......................................................... 52 ....................Cassville Josh, McKoon (R)............................................................... 29 ....................Columbus Fran Millar (R).................................................................... 40 ....................Atlanta Butch Miller (R) ................................................................. 49 ....................Gainesville Jeff E. Mullis (R) ................................................................ 53 ....................Chickamauga Jack Murphy (R) ................................................................. 27 ....................Cumming Nan Orrock (D)................................................................... 36 ....................Atlanta Miriam Paris (D)................................................................. 26 ....................Macon Ronald B. Ramsey, Sr. (D) ................................................. 43 ....................Decatur Chip Rogers (R).................................................................. 21 ....................Woodstock Valencia Seay (D)............................................................... 34 ....................Riverdale David J. Shafer (R) ............................................................. 48 ....................Duluth Freddie Powell Sims (D) .................................................... 12 ....................Dawson Cecil Staton (R) .................................................................. 18 ....................Macon Jesse Stone (R).................................................................... 23 ....................Waynesboro Doug Stoner (D) ................................................................... 6 ....................Smyrna Horacena Tate (D) .............................................................. 38 ....................Atlanta Curt Thompson (D) .............................................................. 5 ....................Tucker Steve Thompson (D)........................................................... 33 ....................Marietta Lindsey Tippins (R)............................................................ 37 ....................Marietta Ross Tolleson (R) ............................................................... 20 ....................Perry Renee Unterman (R) ........................................................... 45 ....................Buford John Wilkinson (R)............................................................. 50 ....................Toccoa Tommie Williams (R)......................................................... 19 ....................Lyons MONDAY, JANUARY 9, 2012 1 Senate Chamber, Atlanta, Georgia Monday, January 9, 2012 First Legislative Day Senators of the General Assembly of Georgia for the years 2011-2012 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 during the interim by the Secretary: Senator Jim Butterworth District 50 109 State Capitol Atlanta, GA 30334 Committees: Higher Education Banking and Financial Institutions Appropriations Natural Resources and the Environment Economic Development State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 September 12, 2011 The Honorable Nathan Deal Governor of Georgia 203 State Capitol Atlanta, Georgia 30334 Dear Governor Deal: I hereby submit my resignation from the Georgia General Assembly effective upon midnight, September 12, 2011. It has been an incredible honor to serve the people of the 50th State Senate District for the past three years. Under your leadership, my colleagues and I have diligently listened to and addressed the needs of the people of Georgia. I am thankful for, and greatly humbled by, the exciting opportunity of continuing my service to you and the citizenry of Georgia through the role of Adjutant General. At the helm of our Department of Defense, I pledge to do my utmost to lead our military personnel and to protect and ensure the safety of our great State and my fellow Georgians. Sincerely, /s/ Jim Butterworth 2 JOURNAL OF THE SENATE The following communications from His Excellency, Governor Nathan Deal, were received by the Secretary: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 September 19, 2011 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary: I am pleased to announce that for the 2012 Session of the Georgia General Assembly Chairman Butch Miller will serve as one of my Floor Leaders. Please afford him all the due rights and compensation in accordance with these positions. If I can be of further service, do not hesitate to contact my Office at 404-463-8940. Sincerely, /s/ Nathan Deal Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 September 19, 2011 The Honorable Jim Butterworth P.O. Box 2000 Cornelia, Georgia 30531 Dear Senator Butterworth: Thank you for the service you have rendered as the Georgia State Senator representing District 50. I appreciate you apprising me of your resignation, which was effective September 12, 2011. MONDAY, JANUARY 9, 2012 3 Your resignation is hereby accepted, and I wish you all the best for your future endeavors. I look forward to your continued service to the State of Georgia as Adjutant General. Once again, thank you for your service on behalf of the citizens of the 50th District and the State of Georgia. Sincerely, /s/ Nathan Deal THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 50 has become vacant due to the resignation of Senator Jim Butterworth. 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 8, 2011, to fill the temporary vacancy in District 50 of the Georgia State Senate. This 22 day of September, 2011. /s/ Nathan Deal GOVERNOR The following communications were received by the Secretary: OFFICE OF LIEUTENANT GOVERNOR 240 State Capitol Atlanta, Georgia 30334 Casey Cagle Lieutenant Governor October 3, 2011 The Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 4 JOURNAL OF THE SENATE Dear Mr. Ewing: This is to advise you that pursuant to Senate Rules enacted on January 10, 2011, I hereby appoint the following individual to replace former Senator Jim Butterworth on the Committee on Assignments: Senator Renee Unterman 121-E State Capitol Atlanta, GA 30334 404-463-1368 This action is to be considered effective immediately. Please call on me or Ben Fry at (404) 651-5250 if you have any questions regarding this appointment. Thank you for your attention to this matter. Sincerely, /s/ Casey Cagle Lieutenant Governor of Georgia Senator Mitch Seabaugh District 28 421-D State Capitol Atlanta, GA 30334 Committees: Reapportionment and Redistricting Finance Appropriations Government Oversight Judiciary Regulated Industries and Utilities Rules October 3, 2011 The State Senate Atlanta, Georgia 30334 Honorable Nathan Deal Governor of the state of Georgia State Capitol Atlanta, Ga 30334 Dear Governor: This is to inform you of my intent to resign the office of Senator of the 28th state Senate district effective midnight, Tuesday, October 4, 2011. Sincerely, /s/ Mitch Seabaugh MONDAY, JANUARY 9, 2012 5 The following communications from His Excellency, Governor Nathan Deal, were received by the Secretary: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 October 3, 2011 The Honorable Mitch Seabaugh Senator, District 28 Georgia State Senate 421-D State Capitol Atlanta, Georgia 30334 Dear Senator Seabaugh: Thank you for the service you have rendered as the Georgia State Senator representing District 28. I appreciate you apprising me of your resignation, effective midnight, Tuesday October 4, 2011. Your resignation is hereby accepted, and I wish you all the best for your future endeavors. Once again, thank you for your service on behalf of the citizens of the 28th District and the State of Georgia. Sincerely, /s/ Nathan Deal THE STATE OF GEORGIA EXECUTIVE ORDER BY THE GOVERNOR: Senate District 28 has become vacant due to the resignation of Senator Mitch Seabaugh. Therefore, pursuant to Article V, Section II, Paragraph VIII of the Constitution of the State of Georgia and Section 21-2-544 6 JOURNAL OF THE SENATE 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 8, 2011, to fill the temporary vacancy in District 28 of the Georgia State Senate. This 3rd day of October, 2011. /s/ Nathan Deal GOVERNOR The following communications were received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Oct. 6th 2011 Secretary Bob Ewing State Senate Atlanta, GA 30334 Dear Bob: In accordance with senate rules, the Senate Committee on Assignments has appointed Senator Charlie Bethel as Chairman of the Senate Reapportionment and Redistricting Committee. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore MONDAY, JANUARY 9, 2012 7 Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Oct. 6th 2011 Secretary Bob Ewing State Senate Atlanta, GA 30334 Dear Bob: In accordance with senate rules, the Senate Committee on Assignments has appointed Senator Buddy Carter as Chairman of the Senate Higher Education Committee. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Oct. 6th 2011 Secretary Bob Ewing State Senate Atlanta, GA 30334 8 JOURNAL OF THE SENATE Dear Bob: In accordance with senate rules, the Senate Committee on Assignments has appointed Senator Johnny Grant to the Senate Rules Committee. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE October 11th 2011 Secretary Bob Ewing State Senate Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Senate Committee on Assignments has appointed Senator Rick Jeffares to be Chairman of the State Institutions and Property Committee. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore MONDAY, JANUARY 9, 2012 9 Committees: Senator Butch Miller State and Local Governmental Operations District 49 Economic Development 325-B Coverdell Legislative Office Building Agriculture and Consumer Affairs Atlanta, GA 30334 Transportation Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 December 15, 2011 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Mr. Secretary, I formally request that my signature be removed from the following piece of legislation: SB 294, Dignity for the Unemployed Act; require volunteer service hours; nonprofit organization; applicants for unemployment benefits (PF); LC 33 4313. Thank you. /s/ Butch Miller State Senate, 49th THE STATE OF GEORGIA OFFICE OF SECRETARY OF STATE I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that the attached page list the results as shown on the consolidated returns on file in this office for the Special Election Runoff held on the 6th day of December 2011, in District 28 for State Senator in Carroll, Coweta, Heard and Troup Counties to fill the vacancy created by the Honorable Mitch Seabaugh. Having received the majority votes cast, Mike Crane was duly elected to this office. 10 JOURNAL OF THE SENATE (Seal) 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 12th day of December, in the year of our Lord Two Thousand and Eleven and of the Independence of the United States of America the Two Hundred and Thirty-Sixth. /s/ Brian P. Kemp Secretary of State State of Georgia I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that at the Special Election Runoff held on Tuesday, the sixth day of December, 2011, Mike Crane Having received 5,381 votes was duly elected to the office of Senator in the General Assembly for the Twenty-eighth District of Georgia (Seal) Witness my hand and the seal of my office This 12th day of December, 2011. /s/ Brian P. Kemp Secretary of State OFFICIAL OATH OF GEORGIA STATE SENATOR SENATOR MIKE CRANE SENATE DISTRICT 28 I do solemnly 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 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 MONDAY, JANUARY 9, 2012 11 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 15th day of December, 2011 /s/ Mike Crane STATE SENATOR Court of Appeals of Georgia 47 Trinity Ave. SW; Suite 501 Atlanta, GA 30334 Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Judge Keith R. Blackwell, do hereby certify by my signature below that I have this date, December 15, 2011, at 12 p.m., in the Old Newnan Courthouse, Coweta County, Newnan, Georgia, administered the following Oath of Office to Senator-Elect Mike Crane, District 28 of the Georgia State Senate for the remainder of the 2011 - 2012 term: "I do solemnly 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 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: K. R. Blackwell DATED: 15 December, 2011 12 JOURNAL OF THE SENATE THE STATE OF GEORGIA OFFICE OF SECRETARY OF STATE I, Brian P. 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 6th day of December 2011, in District 50 for State Senator in Banks, Franklin, Habersham, Hart, Rabun, Stephens, Towns and White Counties to fill the vacancy created by the Honorable Jim Butterworth. Having received the majority votes cast, John K. Wilkinson was duly elected to this office. (Seal) 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 12th day of December, in the year of our Lord Two Thousand and Eleven and of the Independence of the United States of America the Two Hundred and Thirty-Sixth. /s/ Brian P. Kemp Secretary of State State of Georgia I, Brian P. Kemp, Secretary of State of the State of Georgia, do hereby certify that at the Special Election Runoff held on Tuesday, the sixth day of December, 2011, John K. Wilkinson Having received 7,171 votes was duly elected to the office of Senator in the General Assembly for the Fiftieth District of Georgia (Seal) Witness my hand and the seal of my office This 12th day of December, 2011. /s/ Brian P. Kemp Secretary of State MONDAY, JANUARY 9, 2012 13 OFFICIAL OATH OF GEORGIA STATE SENATOR SENATOR JOHN K. WILKINSON SENATE DISTRICT 50 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 15th day of December, 2011 /s/ John K. Wilkinson STATE SENATOR Superior Court Mountain Judicial Circuit Toccoa, GA 30577 Office of Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 I, Chief Judge Russell W. Smith, do hereby certify by my signature below that I have this date, December 15, 2011, at 3:00 p.m., in the Senate Chamber, State Capitol, Fulton County, Atlanta, Georgia, administered the following Oath of Office to Senator-Elect John Wilkinson, District 50 of the Georgia State Senate for the remainder of the 2011 2012 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. 14 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." SIGNED: Russell W. Smith DATED: December 15, 2011 Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Dec. 19th 2011 Secretary Bob Ewing State Senate Atlanta, GA 30334 Dear Bob: In accordance with senate rules, the Committee on Assignments has the following committee appointments; Sen. Buddy Carter appointed to Appropriations Higher Education Subcommittee Sen. Don Balfour appointed Chairman Appropriations Fiscal Management Subcommittee Sen. Lindsey Tippins appointed Ex-Officio on Transportation Committee Sen. Judson Hill appointed Ex-Officio on Transportation Committee Sen. William Ligon appointed Ex-Officio on Regulated Industries Committee Sen. Josh McKoon appointed Ex-Officio on Regulated Industries Committee Sen. Barry Loudermilk appointed Ex-Officio on Regulated Industries MONDAY, JANUARY 9, 2012 15 Sen. Steve Gooch appointed Ex-Officio on Natural Resources Committee Sen. Frank Ginn appointed Ex-Officio on Natural Resources Committee Sen. Jesse Stone made Vice Chairman on Banking Committee Sen. John Albers appointed Vice Chairman on Finance Committee Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules Secretary Bob Ewing State Senate Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Dec. 19th 2011 Dear Bob: In accordance with senate rules, the Committee on Assignments has appointed Senator Mike Crane to the following senate committees; Secretary of the Banking Committee Education Committee Finance Committee Economic Development Committee Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore 16 JOURNAL OF THE SENATE Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Secretary Bob Ewing State Senate Atlanta, GA 30334 Dec. 19th 2011 Dear Bob: In accordance with senate rules, the Committee on Assignments has appointed Senator John Wilkinson to the following senate committees; Secretary of the Agriculture Committee Education Committee Health and Human Services Committee Economic Development Committee Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Unterman of the 45th introduced the chaplain of the day, Pastor Kevin Myers of Lawrenceville, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Robert Kaufmann. The President introduced Senators Mike Crane of the 28th District and John Wilkinson of the 50th District. MONDAY, JANUARY 9, 2012 17 Senator Fort of the 39th was excused for business outside the Senate Chamber. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering was Senator Fort (Excused) 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 Heath of the 31st, Rogers of the 21st, Tippins of the 37th and Hill of the 4th: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require the nation's motto, "In God We Trust," to be printed on license plates; to provide that purchasers of license plates may cover the motto with a county name decal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. 18 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HR 489. By Representatives Thomas of the 100th, Carter of the 175th, Kaiser of the 59th, Coleman of the 97th, Morgan of the 39th and others: A RESOLUTION directing the State Board of Education to revise its professional learning rules; to establish a Professional Learning Rules Task Force; to provide written guidance; and for other purposes. Referred to the Education and Youth Committee. The following resolution was read and put upon its adoption: SR 642. By Senators Williams of the 19th, Rogers of the 21st and Chance of the 16th: A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. The President appointed as a Committee of Notification on the part of the Senate the following Senators: Hooks of the 14th, Chance of the 16th, Jackson of the 24th, Paris of the 26th, Crane of the 28th, Miller of the 49th and Wilkinson of the 50th. The following resolution was read and put upon its adoption: SR 643. By Senators Williams of the 19th, Rogers of the 21st and Balfour of the 9th: A RESOLUTION to notify the House of Representatives that the Senate has convened; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. Senator Rogers of the 21st asked unanimous consent that the following bill, having been placed on the Table on March 16, 2011, be taken from the Table: SB 87. By Senators Rogers of the 21st, Williams of the 19th, Albers of the 56th, Stone of the 23rd, McKoon of the 29th 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 MONDAY, JANUARY 9, 2012 19 the article the "Georgia Educational Freedom Act"; to revise definitions; to revise requirements relating to qualifications for the scholarship; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Henson of the 41st objected. Senator Henson of the 41st withdrew his objection. The consent was granted, and SB 87 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), SB 87, having been taken from the Table, was placed at the foot of the Senate Calendar. 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 for today was committed to the following Senate Committees: SB 1. By Senators Brown of the 26th, Staton of the 18th and Rogers of the 21st: 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 prohibit local governments from conducting public hearings regarding the increase of millage rates in excess of the roll-back rate on the same day as other local governments are conducting public hearings which affect all or a portion of the same properties subject to such increase in millage rates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 12. By Senators Jackson of the 2nd, James of the 35th and Sims of the 12th: A BILL to be entitled an Act to amend Article 3 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, relating to state symbols, so as to designate the Georgia Mass Choir as Georgia's official mass choir; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. 20 JOURNAL OF THE SENATE SB 13. 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 Special Judiciary Committee. SB 18. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Part 3 of Article 1 of Chapter 2 of Title 38 of the Official Code of Georgia Annotated, relating to the State Defense Force, so as to remove the restrictions regarding the right of public officers and employees to be absent for service on the State Defense Force and regarding reemployment rights of persons after service on the State Defense Force; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 35. By Senators Seabaugh of the 28th, Heath of the 31st, Cowsert of the 46th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 5A of Title 50 of the Official Code of Georgia Annotated, relating to the Office of the State Treasurer, so as to prohibit recalling funds once they have been deposited; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SB 41. By Senators James of the 35th, Jackson of the 2nd, Butler of the 55th, Davenport of the 44th, Jones of the 10th and others: A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to provide that a person convicted of endangering a child by driving under the influence of alcohol or drugs shall be ordered to have installed an ignition MONDAY, JANUARY 9, 2012 21 interlock device; to provide that failure to do so shall result in a three-year suspension of such person's driving privileges; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 49. By Senators Albers of the 56th, Ligon, Jr. of the 3rd, Carter of the 42nd, Seabaugh of the 28th, Stone of the 23rd and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to raise the age of mandatory education; to revise provisions relating to adult literacy 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 78. By Senators Butler of the 55th, Orrock of the 36th, Hooks of the 14th, James of the 35th, Sims of the 12th and others: 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 revise certain definitions; to clarify the application of the chapter; to require certain safety standards; 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 Regulated Industries and Utilities Committee. SB 87. By Senators Rogers of the 21st, Williams of the 19th, Albers of the 56th, Stone of the 23rd, McKoon of the 29th 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 article the "Georgia Educational Freedom Act"; to revise definitions; to revise requirements relating to qualifications for the scholarship; 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. 22 JOURNAL OF THE SENATE SB 107. By Senators Stone of the 23rd and Davis of the 22nd: A BILL to be entitled an Act to amend Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the superior courts, so as to increase penalties that can be imposed for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 120. By Senators Miller of the 49th, Grant of the 25th, Unterman of the 45th, Goggans of the 7th, Sims of the 12th 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 and the development and dissemination of instructional materials on the effect of alcohol, so as to provide for a parent or guardian participation component in the alcohol and drug course required for obtaining a driver's license for a person under 18 years of age; to amend Code Section 40-5-25 of the Official Code of Georgia Annotated, relating to driver's license application fees, so as to provide for motor vehicle report; 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 136. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for transfer of control of a condominium association in certain circumstances; to set out public policy concerning the standing of condominium associations to file suit; to provide for priority of certain liens against condominium property and against property subject to a property owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 159. By Senators Mullis of the 53rd, Chance of the 16th, Rogers of the 21st, Gooch of the 51st, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 10-1-767 of the Official Code of Georgia Annotated, relating to applicability of article relative to trade secrets, so as to clarify that certain information generated as a result of an MONDAY, JANUARY 9, 2012 23 economic development project conducted by a private person or entity shall not constitute public information; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 167. By Senators Hill of the 4th, Williams of the 19th, Albers of the 56th, Bethel of the 54th, Millar of the 40th and others: A BILL to be entitled an Act to amend Code Section 34-8-193 of the Official Code of Georgia Annotated, relating to determination of weekly unemployment compensation benefit, so as to provide that any such benefit shall be reduced by a benefit received from a public retirement system; to define a certain term; to provide for a method of calculation; to provide for consideration of any employee contribution; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 176. By Senators Chance of the 16th, Mullis of the 53rd, Gooch of the 51st, Stoner of the 6th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, 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, so as to authorize all agencies to conduct meetings by teleconference under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 24 JOURNAL OF THE SENATE SB 227. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 229. By Senators Fort of the 39th, Rogers of the 21st, Brown of the 26th and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to searches with warrants, so as to change provisions relating to issuance of search warrants by judicial officers; to provide that no-knock warrants shall not be issued in this state except under limited circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 233. By Senator Miller of the 49th: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for limitations regarding certain fees or taxes for pawnbroker transactions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 239. By Senators Miller of the 49th, Mullis of the 53rd, Rogers of the 21st, Gooch of the 51st, Murphy of the 27th and others: A BILL to be entitled an Act to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to the operation of an unregistered vehicle or vehicle without current license plate, revalidation decal, or county decal, so as to provide for a presumption of residency under certain circumstances for MONDAY, JANUARY 9, 2012 25 drivers of vehicles displaying an out-of-state license plate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 249. By Senators Mullis of the 53rd, McKoon of the 29th and Staton of the 18th: 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 require that notice of meetings of government agencies be posted on agency websites; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 250. By Senators Shafer of the 48th, Ginn of the 47th and Heath of the 31st: A BILL to be entitled an Act to amend Code Section 43-40-25, relating to violations by licensed community association managers, salespersons, associate brokers, brokers, schools, and instructors and sanctions and unfair trade practices, so as to change provisions relating to the prohibition against licensees engaging in unfair trade practices; 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. SR 19. By Senator Hill of the 32nd: A RESOLUTION creating the Senate Study Committee on Advance Directives; and for other purposes. Referred to the Health and Human Services Committee. SR 28. By Senators Hill of the 32nd and Heath of the 31st: A RESOLUTION creating the Senate State Fair Tax Study Committee; to provide for duties and responsibilities of the committee; and for other purposes. Referred to the Finance Committee. 26 JOURNAL OF THE SENATE SR 54. By Senator Hill of the 32nd: A RESOLUTION creating the Senate Study Committee on Health Care Transformation; and for other purposes. Referred to the Health and Human Services Committee. SR 104. By Senators Henson of the 41st and Butterworth of the 50th: A BILL creating the Joint Crematoria Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 163. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION supporting the development, construction, and implementation of a cruise ship terminal facility in the Savannah Harbor; and for other purposes. Referred to the Economic Development Committee. SR 225. By Senators Albers of the 56th, Rogers of the 21st, Bethel of the 54th, Miller of the 49th, Shafer of the 48th and others: A RESOLUTION expressing support for the Governor and majority members of the Wisconsin legislature; and for other purposes. Referred to the Rules Committee. SR 231. By Senators Orrock of the 36th, Unterman of the 45th, Carter of the 1st, Hill of the 4th, Ligon, Jr. of the 3rd and others: A RESOLUTION urging the Department of Community Health to implement a public information campaign about folic acid consumption; and for other purposes. Referred to the Health and Human Services Committee. SR 322. By Senator Millar of the 40th: A RESOLUTION commending Daylight Saving Time; and for other purposes. SR 322 was held by the Secretary for the General Calendar. MONDAY, JANUARY 9, 2012 27 SR 379. By Senators Hill of the 32nd, Bethel of the 54th, Loudermilk of the 52nd, Heath of the 31st, Rogers of the 21st 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 2012 through 2017 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 473. By Senator Seay of the 34th: A RESOLUTION creating the Senate Study Committee on Bridging the Digital Divide in Aging Communities; and for other purposes. Referred to the Science and Technology Committee. SR 525. By Senators Mullis of the 53rd, Staton of the 18th, Gooch of the 51st, Stoner of the 6th, Miller of the 49th and others: A RESOLUTION creating the Senate Erosion and Sediment Control Study Committee; and for other purposes. Referred to the Transportation Committee. HB 39. By Representatives Benton of the 31st, England of the 108th, 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 48. By Representatives Powell of the 171st, Lindsey of the 54th, Stephens of the 164th, England of the 108th, Allison of the 8th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, so as to revise and change certain provisions regarding 28 JOURNAL OF THE SENATE 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 52. By Representative Bearden of the 68th: A BILL to be entitled an Act to amend Code Section 30-4-2 of the Official Code of Georgia Annotated, relating to right of disabled persons to be accompanied by guide dog or service dog, so as to change certain terminology; to add public and private schools, public and private colleges, and public and private universities to the places where disabled persons may be accompanied by a guide or service dog; to prohibit the requiring of extra deposits for persons with guide or service dogs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HB 93. By Representatives Taylor of the 79th, Jacobs of the 80th, Parent of the 81st, Huckaby of the 113th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local government code enforcement boards created on or after January 1, 2003, so as to change a definition for purposes of said article; to change certain references to "code inspectors" to "code enforcement officers" in said article; to amend Code Section 41-2-7 of the Official Code of Georgia Annotated, relating to power of counties and municipalities to repair, close, or demolish unfit buildings or structures, health hazards on private property, and properties affected, so as to provide for findings by code enforcement officers; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 110. By Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide for a vacant property registry; to provide for a definition; to provide for required elements of a form MONDAY, JANUARY 9, 2012 29 for such registration; to provide for exemptions and maximum fees for such registration and for removal from the registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 130. By Representatives Maxwell of the 17th, England of the 108th, Nix of the 69th, Carter of the 175th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Code Section 20-14-91 of the Official Code of Georgia Annotated, relating to the Career and Technical Education Advisory Commission, so as to change certain provisions relating to commission meetings; to repeal an automatic termination provision; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 149. By Representatives Bearden of the 68th, Powell of the 171st, Willard of the 49th, Cheokas of the 134th and Weldon of the 3rd: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to magistrates, so as to provide for the termination of magistrates under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 173. By Representatives Coleman of the 97th, Casas of the 103rd, Nix of the 69th, Ashe of the 56th, Clark of the 104th and others: A BILL to be entitled an Act to amend Part 10 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to professional standards for teachers, so as to revise provisions relating to expungement of records; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 175. By Representatives Casas of the 103rd, Harrell of the 106th, Davis of the 109th, Brockway of the 101st, Nix of the 69th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact 30 JOURNAL OF THE SENATE the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems may offer their computer-based courses to students of other local school systems; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 181. By Representatives Golick of the 34th, Coleman of the 97th, Casas of the 103rd, Lindsey of the 54th, Nix of the 69th 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 provide for the waiver of one of the scholarship requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 198. By Representatives Rice of the 51st, Lane of the 167th, Anderson of the 117th, Powell of the 29th and Powell of the 171st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to extend sunset dates for real estate or personal property filing fees, the statewide uniform automated information system, and the collection and remittance of real estate or personal property filing; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 228. By Representatives Austin of the 10th, Allison of the 8th, Harden of the 28th, Tankersley of the 158th, Watson of the 163rd and others: A BILL to be entitled an Act to amend Code Section 48-8-67 of the Official Code of Georgia Annotated, relating to distribution of unidentifiable sales and use tax proceeds, so as to repeal certain provisions regarding limitations on the state revenue commissioner's authority to make certain distributions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. MONDAY, JANUARY 9, 2012 31 HB 237. By Representatives Golick of the 34th, Morris of the 155th, Hatfield of the 177th, Ramsey of the 72nd and Setzler of the 35th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as revise the definition of "mortgage lending process"; to provide for investigative and subpoena powers of district attorneys and the Attorney General relative to residential mortgage fraud; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 253. By Representatives Collins of the 27th, Bearden of the 68th, Powell of the 171st, Cheokas of the 134th, Carter of the 175th 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 allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles; to modify provisions relating to use of retired unmarked pursuit cars for training; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 272. By Representatives Weldon of the 3rd, Lane of the 167th, Bryant of the 160th, Atwood of the 179th, Huckaby of the 113th and others: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, so as to delete provisions relative to a rehearing on the order of an associate juvenile court judge; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 279. By Representatives Powell of the 29th, Rice of the 51st, Meadows of the 5th, Cooper of the 41st, Abrams of the 84th and others: A BILL to be entitled an Act to amend Chapter 8 of Title 40 of the Official Code of Georgia Annotated, relating to equipment and inspection of motor vehicles, so as to increase age requirements for use of child restraint systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. 32 JOURNAL OF THE SENATE HB 293. By Representatives Benton of the 31st, Maxwell of the 17th, Meadows of the 5th, Brooks of the 63rd, Buckner of the 130th and others: A BILL to be entitled an Act to amend Code Section 47-20-30 of the Official Code of Georgia Annotated, relating to definitions relative to retirement bills in the General Assembly, so as to define a certain term; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 297. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Brooks of the 63rd, Buckner of the 130th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that public retirement systems shall be prohibited from expending or obligating funds for certain purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 308. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Article 1 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to the "Public Retirement Systems Standards Law," so as to provide for the duties of the boards of trustees of public retirement systems; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. MONDAY, JANUARY 9, 2012 33 HB 370. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Chapter 56 of Title 33 of the Official Code of Georgia Annotated, relating to risk-based capital levels, so as to require a trend test for property and casualty companies; to revise the definition of a company action level event; to change the definition of negative trend; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 371. 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 33-24-3 of Title 50 of the Official Code of Georgia Annotated, relating to insurable interest in personal insurance, so as to provide that neither the state nor any political subdivision of the state shall have an insurable interest on the lives of public officers or employees; to provide that such entities shall not expend funds for life insurance on public officers or employees; to provide an exception; to provide an effective date, to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 374. By Representatives Mitchell of the 88th, Williams of the 4th, Dickson of the 6th, Jerguson of the 22nd, Fludd of the 66th and others: A BILL to be entitled an Act to amend Chapter 10 of Title 43 of the Official Code of Georgia Annotated, relating to cosmetologists, so as to change certain provisions relating to examinations and applications for certificates of registration; to provide for a credential's evaluation for an educational program to be submitted to the State Board of Cosmetology under certain circumstances; to change certain provisions relating to continuing education requirements; to change certain provisions relating to maintenance of student records; to change certain provisions relating to regulation and permits for schools, teachers, and instructors; to change certain provisions related to registration and examination of apprentices; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. 34 JOURNAL OF THE SENATE HB 462. By Representatives Dollar of the 45th, McKillip of the 115th, Pak of the 102nd, Gordon of the 162nd, Peake of the 137th and others: A BILL to be entitled an Act to amend Code Section 48-17-15 of the Official Code of Georgia Annotated, relating to limitations on percent of monthly gross retail receipts derived from certain coin operated amusement machines, monthly verified reports, issuance of fine or revocation or suspension of license for violations, and submission of electronic reports, so as to provide an exception from a limitation on the allowable number of such machines at the same location; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 470. By Representative Cooper of the 41st: A BILL to be entitled an Act to amend Code Section 43-26-7 of the Official Code of Georgia Annotated, relating to requirements for licensure as a registered professional nurse, so as to revise requirements for preceptorships for certain applicants; to revise requirements relating to nontraditional nursing education programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 477. By Representatives Shaw of the 176th, Meadows of the 5th, Maxwell of the 17th, Hembree of the 67th, James of the 135th 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 the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters; to provide for adjustment of licensing fees as necessary to accommodate biennial licensing; to provide for promulgation of rules and regulations by the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. The following messages were received from the House through Mr. Rivers, the Clerk thereof: MONDAY, JANUARY 9, 2012 35 Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1096. By Representative Ralston of the 7th: A RESOLUTION to notify the Senate that the House of Representatives has convened; and for other purposes. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1097. 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 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 Amerson of the 9th, Carter of the 175th, Collins of the 27th, Hatchett of the 143rd, Maddox of the 172nd, Rogers of the 26th, and Williams of the 4th. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1098. 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. Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: 36 JOURNAL OF THE SENATE HR 1099. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. The following bill was taken up to consider House action thereto: SB 38. By Senators Rogers of the 21st and Millar of the 40th: 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 authority for the State School Superintendent to employ and dismiss employees; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for authority for the State School Superintendent to employ and dismiss employees; to revise a provision relating to contracting authority of the State School Superintendent; 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 revising Code Section 20-2-11, relating to budgets, supervision of the Department of Education, and funds for the state office, as follows: "20-2-11. The State Board of Education shall prepare and submit to the Governor and General Assembly an estimate of the funds necessary for the operation of the state public school system. It shall have general supervision of the Department of Education and may delegate to the State School Superintendent the authority to employ and dismiss such clerical employees, supervisors, administrators, and other employees who are members of the classified service under Article 1 of Chapter 20 of Title 45 as may be necessary for the efficient operation of the Department of Education. It shall set aside the necessary funds for the maintenance of the office of the department and the State School Superintendent, the amount and sufficiency of such funds to be in the discretion of the state board, such funds to be disbursed by the superintendent in the payment of MONDAY, JANUARY 9, 2012 37 salaries and travel expenses of employees and for printing, communication, equipment, repairs, and other expenses incidental to the operation of the department." SECTION 2. Said chapter is further amended in Code Section 20-2-241, relating to the State School Superintendent, by revising subsections (b) and (c) as follows: "(b) The State School Superintendent shall have the sole authority to employ and dismiss persons to serve in the five senior staff positions within the Department of Education. The State School Superintendent shall also have the sole authority to employ and dismiss such clerical employees, supervisors, administrators, and other employees as may be necessary for the efficient operation of the Department of Education; provided, however, that the State Board of Education shall have the authority to overturn a decision of the State School Superintendent as to hiring and dismissal of such clerical employees, supervisors, administrators, and other employees by a two-thirds vote. (c) The State School Superintendent shall have the authority to enter into contracts for the amount of $50,000.00 $250,000.00 or less on behalf of the Department of Education." SECTION 3. Said chapter is further amended in Code Section 20-2-302, relating to funds for the operation of schools for deaf and blind persons, by revising subsection (c) as follows: "(c) The State Board of Education may delegate to the State School Superintendent shall have the sole authority to employ and dismiss employees at the state schools for the deaf and blind; provided, however, that the State Board of Education shall have the authority to overturn a decision of the State School Superintendent as to hiring and dismissal of such employees by a two-thirds vote." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st moved that the Senate agree to the House substitute to SB 38. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims 38 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 38. The following resolution was read and put upon its adoption: HR 1097. 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 Governor; inviting the Justices of the Supreme Court and the Judges of the Court of Appeals to be present at the joint session; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. The President appointed as a Committee of Escort on the part of the Senate the following Senators: Stoner of the 6th, Chance of the 16th, Jackson of the 24th, Hamrick of the 30th, Unterman of the 45th, Miller of the 49th and Mullis of the 53rd. The following resolution was read and put upon its adoption: HR 1098. 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 was no objection, and the resolution was adopted. MONDAY, JANUARY 9, 2012 39 The following bill was taken up to consider House action thereto: SB 184. By Senators Williams of the 19th, Rogers of the 21st and Albers of the 56th: A BILL to be entitled an Act to amend Part 7 of Article 17 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to termination, suspension, nonrenewal, demotion, or reprimand of teachers and other school personnel, so as to provide requirements for reduction in force policies; to provide for sanctions; 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 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for improvement of teachers and retention of the most effective teachers; to establish a task force to review professional learning requirements and to make recommendations to the State Board of Education; to provide for automatic repeal; to provide requirements for reduction in force policies; to provide for sanctions; 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 Part 6 of Article 6, relating to employment of certificated professional personnel, by adding a new Code section to read as follows: "20-2-201.1. (a) The Department of Education shall establish the Professional Learning Rules Task Force for the purposes of reviewing current State Board of Education professional learning rules, reviewing current research regarding professional learning, providing suggestions for revisions to the rules, and providing suggestions for implementation. (b) The task force shall be composed of, at a minimum, the following members: (1) One representative of the Professional Standards Commission; (2) One representative of the Department of Education; (3) One school system level professional learning coordinator; (4) One representative from the central office of the University System of Georgia; (5) One representative from a college of education within the University System of Georgia; (6) One representative from a private college of education in this state; 40 JOURNAL OF THE SENATE (7) One representative from a regional educational service agency; (8) One representative local school superintendent; (9) One representative public school principal; (10) One representative public school elementary school teacher; (11) One representative public school middle school teacher; (12) One representative public school high school teacher; (13) One representative from the Georgia Staff Development Council; and (14) One representative from Learning Forward (National Staff Development Council). (c) The representative from the Department of Education shall serve as chairperson of the task force. The task force shall meet at the call of the chairperson. (d) Members of the task force shall serve without compensation. (e) The task force shall present recommendations for professional learning rules to the State Board of Education no later than July 1, 2013. Such recommendations shall include requiring principals, school system leaders, and state leaders to ensure that teachers have opportunities for professional learning and are consistent with major research findings and best practices regarding professional learning and shall be aligned with the revised rules of the Professional Standards Commission relating to certification renewal rules requiring the demonstration of the impact of professional learning on educator and student performance. Recommendations shall be included in revisions to the State Board of Education professional learning rules and shall be adopted on or before June 30, 2015. (f) This Code section shall be repealed in its entirety on July 1, 2015." SECTION 2. Said chapter is further amended in Part 7 of Article 17, relating to termination, suspension, nonrenewal, demotion, or reprimand of teachers and other school personnel, by adding a new Code section to read as follows: "20-2-948. (a) A local board of education shall not adopt or implement a policy that allows length of service to be the primary or sole determining factor when implementing a reduction in force. The local board shall consider as the primary factor the performance of the educator, one measure of which may be student academic performance. (b) Any policy that does not comply with subsection (a) of this Code section shall be considered invalid and the State Board of Education shall be authorized to take action to withhold all or any portion of state funds in accordance with Code Section 20-2-243. (c) This Code section shall not apply if a local board of education eliminates an entire program." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. MONDAY, JANUARY 9, 2012 41 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Thompson of the 33rd moved that SB 184 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Davis E Fort N Ginn N Goggans Golden N Gooch N Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion, the yeas were 18, nays 35; the motion lost, and SB 184 was not placed on the Table. Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 184. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks N Orrock N Paris Y Ramsey Y Rogers N Seay Y Shafer N Sims 42 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis E Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone N Stoner N Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 38, nays 15; the motion prevailed, and the Senate agreed to the House substitute to SB 184. The following resolution was read and put upon its adoption: HR 1099. By Representative O`Neal of the 146th: 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 2012 regular session of the General Assembly for the period of Monday, January 9, 2012, through Thursday, January 26, 2012, shall be as follows: Monday, January 9...........................................................in session for legislative day 1 Tuesday, January 10.........................................................in session for legislative day 2 Wednesday, January 11 ...................................................in session for legislative day 3 Thursday, January 12 .......................................................in session for legislative day 4 Friday, January 13............................................................in session for legislative day 5 Saturday, January 14 through Sunday, January 22 ..........in adjournment Monday, January 23.........................................................in session for legislative day 6 Tuesday, January 24.........................................................in session for legislative day 7 Wednesday, January 25 ...................................................in session for legislative day 8 Thursday, January 26 .......................................................in session for legislative day 9 BE IT FURTHER RESOLVED that on and after January 26, 2012, the periods of adjournment of the 2012 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. MONDAY, JANUARY 9, 2012 43 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 Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 10, 2012. The motion prevailed, and the President announced the Senate adjourned at 12:11 p.m. 44 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 10, 2012 Second Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Hooks of the 14th 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 295. By Senators Seay of the 34th and Sims of the 12th: A BILL to be entitled an Act to amend Code Section 33-24-46 of the Official Code of Georgia Annotated, relating to cancellation or nonrenewal of certain residential real property insurance policies, so as to limit unfair cancellation or nonrenewals of policies for claims based on damage from storms or natural disasters under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 297. By Senators Seay of the 34th and Sims of the 12th: A BILL to be entitled an Act to amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, eligibility while in training, and deductions and withholdings from compensation, so as to provide that an individual receiving benefits shall not be ineligible or be disqualified for benefits during the first two consecutive weeks of full-time employment after the period of unemployment giving rise to such benefits; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. TUESDAY, JANUARY 10, 2012 45 SB 300. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 303. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 304. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 305. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees to implement provisions of Article 28, relating to the "Georgia Lemon Law," and enforcement, so as to 46 JOURNAL OF THE SENATE increase the fee to be collected by new motor vehicle dealers from the consumer for the sale or lease of a new motor vehicle; to provide for related matters; to provide an for effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SR 646. By Senator Rogers of the 21st: A RESOLUTION expressing the will of the Senate to ensure the necessary conditions for expanded high-quality digital learning opportunities for the students of this state; and for other purposes. Referred to the Education and Youth Committee. SR 663. By Senator Rogers of the 21st: A RESOLUTION supporting the Reading for Learning-Merit Based Student Program; and for other purposes. Referred to the Education and Youth Committee. At 10:20 a.m. the President announced that the Senate would stand in recess. At 11:01 a.m. the President called the Senate to order. The following committee report was 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 110 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman Senator Fort of the 39th was excused for business outside the Senate Chamber. TUESDAY, JANUARY 10, 2012 47 The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) Hill, Judson Ramsey Senator Ramsey was off the floor of the Senate when the roll was called and wished to be recorded as present. The following communication was received by the Secretary: Senator Judson Hill District 32 421-D State Capitol Atlanta, GA 30334 Committees: Government Oversight Appropriations Health and Human Services Insurance and Labor Reapportionment and Redistricting Special Judiciary Bob Ewing Sec. of Senate 1/10/12 I missed roll call today as I was at Legislative Counsel's Office. Please record me present today. /s/ Judson Hill 48 JOURNAL OF THE SENATE The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator McKoon of the 29th introduced the chaplain of the day, Reverend Michael Stewart of Columbus, Georgia, who offered scripture reading and prayer. Senator McKoon of the 29th introduced the doctor of the day, Dr. Michael Hagues. The following resolutions were read and adopted: SR 644. By Senator Miller of the 49th: A RESOLUTION recognizing and commending the Flowery Branch Parachute Packers; and for other purposes. SR 645. By Senator Rogers of the 21st: A RESOLUTION commending Northside Hospital, Inc., owner and operator of Northside Hospital Cherokee and expressing support for its efforts to build a new state-of-the-art hospital facility in Canton, Georgia; and for other purposes. SR 647. By Senator Rogers of the 21st: A RESOLUTION honoring Dr. Johnny M. Hunt and designating a day for his recognition; and for other purposes. SR 648. By Senators Seay of the 34th, Davenport of the 44th, Jones of the 10th, Stoner of the 6th and Butler of the 55th: A RESOLUTION recognizing and commending Morrow Mayor James "Jim" Millirons on the occasion of his retirement; and for other purposes. SR 649. By Senators Seay of the 34th, Davenport of the 44th, Jones of the 10th, Tate of the 38th, Millar of the 40th and others: A RESOLUTION honoring Shekema Silveri for being recognized with the Milken Educator Award; and for other purposes. SR 650. By Senators Tate of the 38th, Carter of the 42nd, Jones of the 10th, James of the 35th and Orrock of the 36th: A RESOLUTION recognizing and commending the Honorable Catherine E. Malicki on the occasion of her retirement; and for other purposes. TUESDAY, JANUARY 10, 2012 49 SR 651. By Senators Albers of the 56th, Miller of the 49th, Gooch of the 51st, Murphy of the 27th, Shafer of the 48th and others: A RESOLUTION recognizing and commending Sawnee Electric Membership Corporation for customer service, community focused activities, and ethical business practices; and for other purposes. SR 652. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Crabapple Middle School on its redesignation as a Georgia Lighthouse School to Watch; and for other purposes. SR 653. By Senators Rogers of the 21st, Grant of the 25th, Crane of the 28th, Heath of the 31st, Shafer of the 48th and others: A RESOLUTION recognizing student leaders at Georgia Tech and welcoming them for Georgia Tech Student Day at the capitol; and for other purposes. SR 654. By Senators Jackson of the 2nd and Sims of the 12th: A RESOLUTION honoring the life and memory of Catherine Coats; and for other purposes. SR 655. By Senators Bulloch of the 11th, Tolleson of the 20th, Grant of the 25th, Heath of the 31st, Wilkinson of the 50th and others: A RESOLUTION commending the Georgia peanut industry and recognizing March 6, 2012, as Peanut Butter and Jelly Day at the Capitol; and for other purposes. SR 656. By Senators Bulloch of the 11th, Wilkinson of the 50th, Grant of the 25th, Hill of the 4th, Tolleson of the 20th and others: A RESOLUTION commending the Future Farmers of America and recognizing February 21, 2012, as Future Farmers of America Day at the state capitol; and for other purposes. SR 657. By Senators Bulloch of the 11th, Grant of the 25th, Wilkinson of the 50th, Tolleson of the 20th and Mullis of the 53rd: A RESOLUTION recognizing February 14, 2012, as Georgia Farm Bureau Federation Day at the state capitol; and for other purposes. 50 JOURNAL OF THE SENATE SR 658. By Senator Grant of the 25th: A RESOLUTION recognizing and commending the class of Youth Leadership Baldwin 2012; and for other purposes. SR 659. By Senators Bulloch of the 11th, Crosby of the 13th, Hooks of the 14th, Sims of the 12th, Tolleson of the 20th and others: A RESOLUTION commending the Georgia Young Farmers Association and recognizing February 9, 2012, as Young Farmers Day at the state capitol; and for other purposes. SR 660. By Senators Grant of the 25th, Albers of the 56th and Mullis of the 53rd: A RESOLUTION honoring and commending the firefighters of Georgia and observing the 40th annual Firefighters' Recognition Day on February 7, 2012; and for other purposes. SR 661. By Senators Grant of the 25th, Ginn of the 47th, Wilkinson of the 50th, Bulloch of the 11th and Tolleson of the 20th: A RESOLUTION recognizing the 4-H Clubs of Georgia and declaring February 6, 2012, 4-H Day at the capitol; and for other purposes. SR 662. By Senators Bulloch of the 11th, Crosby of the 13th, Sims of the 12th, Unterman of the 45th and Hill of the 4th: A RESOLUTION recognizing February 2, 2012, as Veterinary Medicine Day at the state capitol; and for other purposes. The Honorable U.S. Senator Johnny Isakson addressed the Senate briefly. Senator Grant of the 25th moved that upon the dissolution of the Joint Session the Senate stand adjourned until 10:00 a.m. Wednesday, January 11, 2012 The President announced the motion prevailed at 11:34 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 Nathan Deal, was called to order by the Speaker of the House. HR 1097 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. TUESDAY, JANUARY 10, 2012 51 His Excellency, Governor Nathan Deal, addressed the Joint Session of the Senate and the House of Representatives as follows: In centuries long past ... in a world far removed from the one we know today ... the Age of Exploration captivated the minds of brave, young men. These individuals traveled through distant waters to identify the unknown, their will to explore outweighing the countless dangers, hardships and tragedies they faced. It is an age we now define by these names: Columbus, da Gama, Vespucci and Magellan. These brave adventurers, with only primitive tools at their disposal, charted a course by looking to the stars for guidance. The nights were not always clear ... the waters not always friendly. For each man commanding a vessel on the high seas, there was always the temptation to give up and to turn back. But we know these men today because they held steadfast to their course, leading them to discover new worlds and to expand the opportunities for mankind. Georgians have charged us to set a course for our state and they have defined the stars that we must follow to expand opportunity: the star of education we must provide great schools that will cultivate the minds of our young people ... the star of transportation we must provide safe roads and avenues of commerce ... the star of security we must give every Georgian the ability to live in a safe community ... and the guiding star in our constellation, jobs we must create a business climate that provides Georgians with their best shot at a good job! These are the stars on which our eyes must be focused as we chart the course for our great state! Tonight, I will discuss our course forward, but first, I think we would be well served to look in the rearview mirror for just a moment. The situation we faced one year ago and the progress we've made bears our attention. One year ago, I said "the state of our state is strong" ... "that we possess a unique set of strengths" ... but we also faced an unusual and historic collection of challenges. When we met on this occasion this past January, the Revenue Shortfall Reserve Fund, or the Rainy Day Fund as it is better known, had only enough money to fund state operations for less than two days ... meaning essential functions of government were at risk in the event of even the slightest hiccup. One year later, with your help, we have begun restoring the Rainy Day Fund. The balance today is $328 million, an increase of 183%. I remain committed to building up this strategic reserve by keeping our spending in check. When we met last year, we faced a difficult budget situation in which the low-hanging fruit and easy fixes were gone. And yet, we worked together to pass structurally balanced budgets that fund the essential services upon which Georgians depend. And we did it without new taxes. We have delivered commonsense, conservative budgets free of gimmicks and one-time gains. For that reason, we are now one of only eight states with triple-A ratings from the three major rating agencies. When compared to our AA peers, this credential of creditworthiness saved Georgia taxpayers $11 million over the life of bonds sold last year alone. 52 JOURNAL OF THE SENATE This also provides us with a powerful tool for economic development. When a business considers locating in Georgia, it helps to be able to show them that they will be partnering with a state government that has its house in order! To that end, beginning this year, we will implement zero-based budgeting in 10% of all programs. Through zero-based budgeting, we will bring a new level of accountability to state government and verify that taxpayer dollars are being spent to meet the priorities of Georgians! When we met last year, we faced a federal district court ruling that threatened to cut off up to 85% of Metro-Atlanta's water supply. This evening, with the benefit of an 11th Circuit Appeals Court ruling overturning that decision, we are in a far stronger position to reach a lasting agreement with our peers in Alabama and Florida on an issue of critical importance to Georgia's ability to attract investment and new jobs. One year ago, HOPE arguably the nation's most generous merit-based, higher education scholarship and grant program was on an unsustainable course and faced a complete depletion of reserves as early as FY 2013. This evening, we can claim a piece of legislation that preserves HOPE for future generations! And for every student who earns HOPE, my budget for next year maintains the same award amount received this year. Also, we will again appropriate $20 million for the needs-based one percent student loan program which eases the burden of affording a college education. This year, more than half of these newly-appropriated funds went to students who had no assistance from their families. Together, we've done something else over the past year. And while it is more general in nature, it is perhaps even more important to our ability to govern well and to the long-term prospects of our great state. Together, we have ushered in a new era of cooperation. Last January, we were faced with a mountain ... Together, we climbed it. Thank you for your partnership and thank you for all that you do to serve Georgians! But this evening, as we embark on a new year, we have other mountains to climb that will require our best collective efforts this year and beyond. Recalling the great explorers who looked to the night skies in their search for new lands, the first star in our constellation is education. Our schools are the front line in our effort to create prosperity. It is here we make our most strategic investment in the future! The Amended and FY 2013 budgets I've prepared take advantage of the stabilization in revenues and appropriate an additional $146.6 million to fully fund enrollment growth in our K-12 schools. Likewise, in both the technical college and university systems, I am calling for an additional $111.3 million to fund anticipated enrollment growth. TUESDAY, JANUARY 10, 2012 53 Also, in keeping with the recommendations of the Education Finance Study Commission, and because we believe they are vital ingredients of the educational experience we provide young Georgians, my budget calls for $3.7 million in additional funds for school nurses! This along with the school nutrition program and transportation funding will be moved into the Quality Basic Education funding formula. These funds will be allocated using the same formula local districts are accustomed to, but they will have complete flexibility in how to spend them. Better than me, or anyone else under this Gold Dome, I believe local school leaders know how to spend funds within their district in order to get the greatest outcomes for students! My proposed budget calls for an additional $55.8 million to fund salary increases for our teachers based on training and experience. Unlike the past, there are no reductions to QBE, Equalization Grants, State Schools or other enrollment driven programs. Within education, I have called for a new focus on our youngest learners. The budget I'm proposing increases the Pre-K school year for 84,000 students by 10 days, bringing it to 170 days. I am proud to say that this will allow us to begin restoring Pre-K teacher salaries! We must make a concerted effort to increase the percentage of children reading at grade level by the completion of 3rd Grade. The best evidence tells us that children not meeting this standard often fail to catch up and are more likely to drop out of school, go to prison and have higher unemployment rates later in life than their reading-proficient peers. Students must "learn to read" in order to be able to "read to learn" and when we fail to invest in our youngest students, we are forced to spend money on remediation for the remainder of their academic careers. To this end, my budget includes $1.6 million for a reading mentors program. This program will assist schools and teachers as they work to help more young Georgians achieve this strategic benchmark reading at grade level by the completion of 3rd grade. You've heard me talk about moving beyond the status quo in education and that requires a more intense focus on innovation in the classroom. In particular, we need to put in place strategies that provide students with opportunities to practice and apply what they are learning in a highquality, real-world environment. This is one reason we allotted nearly $20 million of our Race to the Top money for the creation of an Innovation Fund. This initiative asks schools to partner with businesses, non-profits and postsecondary institutions and places a primary focus on developing applied learning opportunities. We are already seeing positive results. Tomorrow, I will announce the winners of round two. To spur innovation, I am also recommending $8.7 million in supplemental grants in both the Amended budget and next year's budget for state chartered special schools affected by the Georgia Supreme Court ruling on charter schools. These schools are key to Georgia's educational success and without these additional dollars, they would be forced to operate on approximately half of the funds of other public schools. However, this is not the long-term solution, and I look forward to working with you to ensure that charter schools can thrive in Georgia. We can do this and with your help we will! 54 JOURNAL OF THE SENATE Further, we must clarify the mission of our schools. Let me state this very clearly: I believe students graduating from our high schools ... those young men and women who have done everything asked of them by our K-12 system ... should be fully ready for postsecondary study or a job! Going forward, we will reclaim that mission by ensuring that there is a more seamless transition from High School to further study ... and from postsecondary study to the workforce. With our young people facing a difficult job market and stiff global competition for good jobs, we must do everything in our power to ensure that our education system provides graduates with real opportunity. Our postsecondary institutions must maintain an intense focus on employability and creating job opportunities. And in today's competitive global environment where technology is constantly reshaping the economy, that means abandoning the "ivory tower" model and adapting to meet the needs of business. That focus on practical education is why I'm announcing Go Build Georgia this evening. Go Build is a public-private initiative that will round out our workforce development program by educating young people and the public at large about the skilled trades. Already, the business community is unable to fill many positions calling for highly-skilled industrial and commercial construction professionals, jobs that on average pay 27% more than the average Georgian currently brings home. And with an aging workforce in this area, we are on track to replace only one of every four retirees. Today, in America, with more than 13 million people unemployed and seeking work, there are 1.3 million open positions in skilled trade industries for which companies are unable to find qualified applicants! Right here in Metro-Atlanta, Seimens has been unable to fill approximately 200 skilled-trade positions in the fields of manufacturing automation, healthcare technology, transportation systems and technical services. It is time we begin work to boost our pipeline! We must work together to ensure that our state has the craft professionals to meet present and forecast demand. This is something we can do and with your help we will! Here in Georgia, we are blessed with world-class university and technical college systems that provide opportunity to every young Georgian and provide business with a pipeline of talented workers. As we seek to continue improving higher education in this state, I want to commend Chancellor Hank Huckaby and the Board of Regents, along with Commissioner Ron Jackson and the Technical College Board, for performing a strategic consolidation of institutions. In this age of "doing more with less," you are delivering a better return on investment without compromising service to students. Before leaving the topic of higher education, I want to announce two ambitious goals. Georgians deserve a world-class, public medical university, and it will be a priority of this administration to have a medical college among the top 50 nationally. This is something we can do and with your help we will! TUESDAY, JANUARY 10, 2012 55 Also within this push, the Georgia Health Sciences University will seek to become the state's second National Cancer Institute designated Cancer Center, alongside the Winship Cancer Center at Emory. As of today, Georgia's annual death rate from cancer exceeds the national average, but I believe we have all of the ingredients necessary to be a destination for cancer research and a resource for every family battling this disease. This designation would mean greater access to research dollars and enhance our ability to recruit top cancer specialists. Even more, it will place Georgians battling this horrific disease first in line for the newest, most promising therapies and clinical trials. To support this goal of a second Georgia-based Cancer Center, my budget proposal includes an investment of $5 million. This is something we can do and with your help we will! In order to address the need for additional health professionals in Georgia, we have been investing in the expansion of undergraduate medical education for several years. We must now take the next step in this process by increasing the number of graduate residency slots. My budget funds 400 new residency slots in hospitals across the state. Presently, because we lack adequate residency program capacity, Georgia taxpayers help fund a promising young Georgian's pre-K, K-12, postsecondary and graduate-level medical education only to see them perform their residency outside of our state and not return. That doesn't provide value for Georgians paying taxes. It doesn't make sense for Georgians needing care and it isn't fair to young Georgians looking to begin medical careers. We must ensure that no doctor trained in Georgia is forced to leave the state to complete his or her medical education. This is something we can do and with your help we will! Another primary responsibility of government is providing infrastructure and because it is a key building block of job creation, it is a star that will guide our course forward. In a global economy in which commerce is increasingly long distance and reliant on cutting-edge logistics, we need a bigger, smarter transportation network to move people and products in the most efficient way possible. That means roads on which traffic and freight move freely, ports that handle bigger ships, and airports that process people and packages more efficiently. To reduce traffic congestion in Metro-Atlanta along Georgia 400, we will be working with the DOT to implement innovative traffic solutions. We will modify the existing southbound lanes from McFarland Road to the Chattahoochee River, allowing an additional southbound through lane. From the Chattahoochee River to I-285, we will implement flex shoulders in each direction. These improvements will allow us to better facilitate traffic during peak rush hours, accommodating the explosive growth the Northern suburbs have experienced. Recently, we called a halt to the P-3 project for the Northwest Corridor. While there were many reasons for doing so, one of the most important ones is that I was, am, and will be opposed to contracting away Georgia's sovereignty for a period of 60 to 70 years over a transportation 56 JOURNAL OF THE SENATE corridor that is so vital to our future. I remain committed to improving the Northwest Corridor but there is a better way forward. Investment in transportation infrastructure is an investment in our future. I applaud this Legislature's creation of a transparent, bottom-up approach to identifying critical transportation projects throughout Georgia. The regional referendums on this year's ballots give voters the opportunity to fund a slate of projects with a sales tax when they deem the proposed investment provides value. Over the last several decades, our capacity has fallen behind due to underinvestment in transportation. We must seize this opportunity to invest in our future! We can do this and with your help we will! We are continuing to work towards the completion of the Savannah Harbor Expansion Project a project that is imperative to our state's competiveness when the bigger ships start traversing an enlarged Panama Canal in 2014. My budget for next year includes $46.7 million in bonds to continue deepening the harbor, building on the more than $136 million already approved for harbor deepening over the last three years. Also within infrastructure, we are working to ensure every Georgia community has dependable water supplies. While we await the Army Corps of Engineers decision regarding the impact of water diversions from Lake Lanier, we are moving forward with plans to enhance water supply and security around the state. Last year, we took definitive action to get the ball rolling. My budget for next year proposes $45.7 million for water supply projects, the second installment in a four-year plan calling for $300 million of new investment in water supply. Today, the Georgia Environmental Finance Authority has issued the solicitation and application forms for the Water Supply Program and local governments can now apply for the low-interest loans and state direct investment as detailed in the recently-approved Water Supply Plan. I want to commend our Water Task Force for creating a thorough, forward-looking plan that makes sense for Georgia communities, big and small. With our state's population projected to grow by an additional 4.6 million people over the next two decades, it is imperative that we expand water supply across the state. We must stop being so dependent on the federal government for our water. We must seize our own destiny! This is something we can do and with your help we will! This evening, I have talked about the our duty as elected officials to do the long-term work of ensuring our state charts a course forward that leads to a rich environment of opportunity for every Georgian. When those traditional building blocks fail, more and more citizens drift into the criminal justice arena. And here in Georgia, entrance into our criminal justice system has been a dead end for far too many. TUESDAY, JANUARY 10, 2012 57 Last year, faced with one of the most incarcerated populations in the nation, low rehabilitation rates and high recidivism; you joined me in passing legislation to create the Criminal Justice Reform Council. Since that time, the Council has taken a comprehensive look at what changes are needed to increase the effectiveness of our correctional efforts. I want to commend the Council for the work they have done and my budget recommendations reflect their findings. To start, my budget proposes $1.4 million to fund additional parole officers at the State Board of Pardons and Paroles. These officers will provide supervision to offenders who would otherwise serve their sentence and be released in our communities without any supervision. Unless we provide the appropriate tools of supervision that facilitate a successful reentry into society, history has shown that offenders simply return to the prison population. Right now in Georgia, nearly one in three leaving our prisons are reconvicted within three years. We must shut the revolving door! This is something we can do and with your help we will! I am also recommending $35.2 million for additional prison beds for those who pose a threat to our citizens. I am proposing to convert three Pre-Release Centers to Residential Substance Abuse Treatment centers, at a cost of $5.7 million. We must make this investment ... If we fail to treat the addict's drug addiction; we haven't taken the first step in breaking the cycle of crime ... a cycle that destroys lives and wastes taxpayer resources! This is something we can do and with your help we will! Because we are seeing an increased need for resources to work with violent youth offenders within our Juvenile Justice system, my budget includes funding to open a new Youth Detention Center, as well as funding for two security management and response teams. I am also recommending $10 million in next year's budget for the creation of new Accountability Courts drug, DUI, mental health and veteran courts all of which have proven to be both cheaper and more effective than traditional courts for those lower risk offenders falling under their jurisdiction. In fact, drug courts around this nation have proven to reduce recidivism by as much as 35%. This evening, I want to tell you about a typical case that finds its way into a drug court. Sarah was a drug addict. The drug use that began as recreation resulted in a destructive cocaine and methamphetamine addiction. It took control of her life. At one point, she had no means of transportation ... she lost custody of her little girl ... she wound up homeless. But I mention Sarah tonight because she exemplifies many of the goals we hold for our corrections system. Under the supervision of a drug court, piece by piece, she began rebuilding her life. With help, she beat addiction ... she won back her daughter ... she is now a sponsor helping other women who face the same trials ... and because she provides a powerful example of hope and redemption, I have asked her to join us in this chamber tonight. Sarah and her daughter are here and I would be honored if you would give her a round of applause! 58 JOURNAL OF THE SENATE Sarah was given a shot a better life and she took it. Her story is not the exception ... it is playing out all across Georgia as people reclaim their lives through the work of accountability courts. While these reforms require an initial investment, they will increase public safety, and ultimately save money by creating a more effective corrections system that rehabilitates people, closing the revolving door. If we lock up an eighteen-year-old who has no skills and is unemployable; where will that individual be after completing a 15-year stint behind bars? Without a new approach that brings hope back into the equation, we will have spent $270,000 and then have a 33-year-old with no skills who is more dangerous and even less employable than before. We can do better and with your help we will! That is why we must focus on transforming our corrections system into a last resort of opportunity a place where low-level offenders are reclaimed and restored to society as functioning members of the community ... working to support their own families ... and paying taxes! This evening, I am calling on the religious community, non-profits and charitable organizations to begin addressing the problem of reentry. We need you and the people around this state who care to lead bold new efforts in job training and job placement for prisoners reentering society. You can provide the bridge that will connect those who have served their time with a job and the dignity it provides! If they will do their part, and many of them will, we must do our part. Let me be clear so that there is no misinterpretation this is not a get out of jail free card. These reforms do not in any way diminish the seriousness of the seven deadly sins. If you commit one of these, you will spend time in our prisons. In fact, this transformation of our corrections efforts will ensure that we have the space and resources to incarcerate high-risk and violent offenders going forward. First and foremost, the greatest need of our citizens is jobs and, for that reason, it is the last and brightest star in our constellation. Businesses require a talented workforce and strong infrastructure, but they also require a business environment that allows them to compete in today's global marketplace. With that in mind, the Georgia Competitiveness Initiative pulled together business leaders and more than 4,000 Georgians across the state to develop a strategy that would improve our business case. And this morning, at the annual Eggs & Issues Breakfast, I outlined a three-part plan for strategic tax reform based on the work of the Initiative. First, I am proposing the elimination of the sales tax on energy used in manufacturing, a move that will align us with many of our top competitors. This will have a dramatic impact on manufacturers' overall cost structure and vastly improve the competitive position of our producers. TUESDAY, JANUARY 10, 2012 59 Secondly, I am proposing sales and use tax exemptions for construction materials used in projects of regional significance, giving us an important tool when competing with other states for projects creating large numbers of jobs. A third piece, we are proposing to restructure Georgia's Job Tax Credits and Quality Jobs Tax Credit programs. The programs now in place were created in 1994, at a time when the competitive landscape was far different than the one our businesses operate in today. We will modernize our job tax credits to better incentivize small business growth and to help every Georgia community compete with their regional peers. My office is already working with House and Senate leadership to create legislation to this effect. Georgians cannot compete for jobs that go elsewhere when employers make the decision that a neighboring state is a better place to do business. The job creators across this state have spoken and I ask all of you to join me in making these important changes. This is something we can do and with your help we will! With a sluggish global economy we still face challenges, but we are beginning to see indications that things are stabilizing. Georgia's revenues trends have strengthened over the last 18 months and with sustained growth of this order, I believe real job creation is much closer than it was when we met on this occasion one year ago. Ladies and gentleman, the state of our state is strong! In keeping with our mission to chart a course that fulfills the priorities of Georgians, we will follow these stars: providing strong, innovative schools geared for the modern marketplace ... providing practical tools for workforce development ... providing a modern infrastructure that moves people and products efficiently ... providing safe communities ... creating a businessfriendly environment that attracts investment and puts Georgians in the best possible position to get a good job. And when we have fulfilled these imperatives which are the legitimate purposes of government let us heed the admonition of Georgians who have asked us to do these few things well, and then to get out of the way so that they can live their lives in freedom and as they see fit! If we do this, hardworking, self-reliant Georgians will propel our state into a prosperous future! Thank you, and may God continue to bless this great state and our nation! Senator Rogers of the 21st moved that the Joint Session be hereby dissolved. The motion prevailed, and the Speaker of the House announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 10:00 a.m. Wednesday, January 11, 2012. 60 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 11, 2012 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 adopted by the requisite constitutional majority the following Resolution of the House: SR 642. By Senators Williams of the 19th, Rogers of the 21st and Chance of the 16th: A RESOLUTION to notify the Governor that the General Assembly has convened; and for other purposes. The Speaker has appointed as a Committee of Notification on the part of the House the following members: Representatives Battles of the 15th, Carter of the 175th, Collins of the 27th, Harden of the 147th, Hatchett of the 143rd, Rynders of the 152nd, and Sims of the 119th. The following Senate legislation was introduced, read the first time and referred to committee: SB 292. By Senators Albers of the 56th, Rogers of the 21st, Gooch of the 51st, Shafer of the 48th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to enact the "Social Responsibility and Accountability Act"; to define certain terms; to provide that the Department of Human Services shall create an established WEDNESDAY, JANUARY 11, 2012 61 drug test to be administered to each applicant for temporary assistance for needy families or Medicaid benefits; to provide requirements; to provide that each applicant shall undergo a drug test in order to qualify for benefits; to provide that any person who fails such drug test shall be ineligible to receive benefits; to provide for reapplication; to provide for children's benefits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 301. By Senators Bulloch of the 11th, Tolleson of the 20th, Shafer of the 48th, Rogers of the 21st, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, so as to authorize the use of silencers on hunting firearms under certain circumstances; 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. SB 302. By Senators Staton of the 18th, Carter of the 1st, Hill of the 4th and Cowsert of the 46th: A BILL to be entitled an Act to amend Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, so as to increase the amount of bonding authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 306. By Senators Bulloch of the 11th and Golden of the 8th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3898), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 62 JOURNAL OF THE SENATE SB 307. By Senators Ligon, Jr. of the 3rd, Carter of the 1st and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to licenses, permits, tags, and stamp fees, so as to create a one-day salt-water shore fishing license; to provide for a fee; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 667. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st and Jones of the 10th: A RESOLUTION dedicating the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr., Parkway; 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: HB 253 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Ramsey, Sr. of the 43rd Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Hamrick Harbison Heath Henson Murphy Orrock Paris Rogers WEDNESDAY, JANUARY 11, 2012 63 Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) Ramsey (Excused) Thompson, S. (Excused) Senator Ramsey 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 of the United States of America and to the flag of Georgia. The President introduced the chaplain of the day, Dr. Bill Ross of Marietta, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 664. By Senators James of the 35th, Davenport of the 44th and Orrock of the 36th: A RESOLUTION honoring and recognizing Anthony Campbell; and for other purposes. SR 665. By Senators Davenport of the 44th, James of the 35th, Jones of the 10th, Seay of the 34th, Sims of the 12th and others: A RESOLUTION recognizing and commending the Concerned Black Citizens Coalition; and for other purposes. 64 JOURNAL OF THE SENATE HB 110 SENATE CALENDAR WEDNESDAY, JANUARY 11, 2012 THIRD LEGISLATIVE DAY Mortgages and liens; vacant property registry; provisions (Substitute)(B&FI-27th) Jacobs-80th The following legislation was read the third time and put upon its passage: HB 110. By Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide for a vacant property registry; to provide for a definition; to provide for required elements of a form for such registration; to provide for exemptions and maximum fees for such registration and for removal from the registry; 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. Senator Murphy of the 27th asked unanimous consent that HB 110 be committed to the Senate Banking and Financial Institutions Committee. The consent was granted, and HB 110 was committed to the Senate Banking and Financial Institutions Committee. Serving as the doctor of the day was Dr. Dan DeLoach. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, January 12, 2012. The motion prevailed, and the President announced the Senate adjourned at 10:36 a.m. THURSDAY, JANUARY 12, 2012 65 Senate Chamber, Atlanta, Georgia Thursday, January 12, 2012 Fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 296. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to secondary metals recyclers, so as to define a certain term; to provide that secondary metal recyclers shall not pay cash for certain items; to provide that is unlawful for a person to wilfully and maliciously cut, mutilate, deface, or otherwise injure any personal or real property, including any fixtures or improvements, for the purpose of obtaining nonferrous metals; to provide for penalties; to provide that secondary metals recyclers shall obtain a permit; to provide that persons desiring to sell nonferrous metals shall obtain a permit; to provide for offenses; to provide for penalties; to provide an exception; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 308. By Senators Grant of the 25th, Millar of the 40th, Henson of the 41st, Jones of the 10th, Carter of the 42nd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 20 of the Official Code of Georgia Annotated, relating to technical and adult education, so as to permit proprietary institutions of higher education to participate in establishing college and career academies; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. 66 JOURNAL OF THE SENATE The following committee report was read by the Secretary: Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 117 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Henson of the 41st Senator Davis of the 22nd asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Davis of the 22nd asked unanimous consent that Senator Davenport of the 44th be excused. The consent was granted, and Senator Davenport was excused. Senator Harbison of the 15th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Loudermilk McKoon Millar Miller Mullis Murphy Paris Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Unterman Wilkinson THURSDAY, JANUARY 12, 2012 67 Not answering were Senators: Davenport (Excused) Jones (Excused) Ramsey (Excused) Williams Fort (Excused) Ligon Rogers Henson (Excused) Orrock Tolleson The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Ligon Williams The President introduced the doctor of the day, Dr. Aysha H. Khoury. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Millar of the 40th introduced the chaplain of the day, Dr. Wiley Stephens of Dunwoody, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 666. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School; and for other purposes. SR 668. By Senator Rogers of the 21st: A RESOLUTION recognizing January 22-28, 2012, as Georgia School Choice Week at the capitol; and for other purposes. SR 669. By Senators Grant of the 25th, Hooks of the 14th, Stone of the 23rd, Wilkinson of the 50th, Bulloch of the 11th and others: A RESOLUTION commending the Boy Scouts of America program and recognizing March 21, 2012, as Boy Scouts of America Day at the state capitol; and for other purposes. 68 JOURNAL OF THE SENATE HB 253 SENATE CONVENES AT 10:00 A.M. SENATE CALENDAR THURSDAY, JANUARY 12, 2012 FOURTH LEGISLATIVE DAY Public Safety, Department of; sell or trade surplus vehicles; allow (Substitute)(PUB SAF-49th) Collins-27th The following legislation was read the third time and put upon its passage: HB 253. By Representatives Collins of the 27th, Bearden of the 68th, Powell of the 171st, Cheokas of the 134th, Carter of the 175th 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 allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles; to modify provisions relating to use of retired unmarked pursuit cars for training; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate Public Safety Committee offered the following substitute to HB 253: 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 allow the commissioner of public safety, with the approval of the Board of Public Safety, to sell or trade surplus motor vehicles and use the proceeds of the sale or trade toward the purchase of new motor vehicles; to modify provisions relating to use of retired unmarked pursuit cars for training; 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 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by revising Code Section 35-2-57, relating to the use of retired unmarked pursuit cars for training, as follows: THURSDAY, JANUARY 12, 2012 69 "35-2-57. When an unmarked pursuit vehicle used by the Georgia State Patrol for the purpose of enforcing the traffic laws of this state is first removed from the field and will no longer be used on a regular basis for pursuit purposes, the commissioner of public safety shall notify the administrator of the Georgia Public Safety Training Center and shall is authorized, in his or her discretion, to make such pursuit vehicle available to such center the Georgia Public Safety Training Center for the purpose of training public safety officers pursuant to Chapter 5 of this title. Such vehicles may also be sold or traded pursuant to Code Section 35-2-58. Upon notification by the commissioner, the administrator of the Georgia Public Safety Training Center shall be authorized to take immediate possession of any such pursuit vehicle." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "35-2-58. (a) Any other provision of law notwithstanding, the commissioner, subject to approval by the board, shall have the power to sell or trade surplus motor vehicles no longer needed by the department and use the proceeds from the sale or trade toward the purchase of new motor vehicles by the department. (b) Subject to approval by the board, available funds, and Article 3 of Chapter 5 of Title 50, the commissioner is authorized, in his or her discretion, to purchase new motor vehicles for use by the department. (c) The board shall promulgate rules and regulations to implement the provisions of this Code section. The disposition of motor vehicles by the department shall not be subject to Article 4 of Chapter 5 of Title 50 or subject to the procedures or approval of any other state agency." 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. 70 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel N Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 1. HB 253, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Steve Gooch District 51 321-B Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Transportation Economic Development Government Oversight State Institutions and Property State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 January 12, 2012 Robert Ewing Secretary of the Georgia Senate 353 State Capitol Atlanta, Ga. 30334 THURSDAY, JANUARY 12, 2012 71 Dear Mr. Secretary, Please let the journal read that I intended to vote for House Bill 253. I was busy on the floor attending to other legislative business and missed the clock. I can be reached at 404-656-9221 for further information. Thank you, /s/ Steve Gooch Senator, District 51 Senator Lester G. Jackson District 2 110-D State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Economic Development Ethics Health and Human Services Higher Education Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM TO: Mr. Robert Ewing Secretary of Senate FROM: Senator Lester G. Jackson, III /s/ L.G.J. 2nd District SUBJECT: MISSED VOTE DATE: THURSDAY, JANUARY 12, 2012 I did not reach my desk in time to register my vote on: HB 253 - Public Safety, Department of; sell or trade surplus vehicles; allow (Substitute) Please enter this letter into the record for my vote to reflect a "YES" vote on HB 253. Thank you. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, January 13, 2012. The motion prevailed, and the President announced the Senate adjourned at 10:47 a.m. 72 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, January 13, 2012 Fifth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 309. By Senators Jeffares of the 17th, Bulloch of the 11th, Heath of the 31st, Shafer of the 48th, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 310. By Senators Jeffares of the 17th, Chance of the 16th, Gooch of the 51st, Hill of the 4th, Millar of the 40th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to a lottery for education, so as to change certain provisions relating to definitions; to change certain provisions relating to prize proceeds subject to state income tax, attachments, garnishments, or executions, validation of winning tickets, prohibited purchases, money-dispensing machines, and unclaimed prize money; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. FRIDAY, JANUARY 13, 2012 73 SB 311. By Senators Ramsey, Sr. of the 43rd, Hamrick of the 30th, Henson of the 41st and Crosby of the 13th: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide a short title; to define certain terms; to provide that only licensed funeral directors and certain other persons may sell certain burial objects as scrap metal; to provide that only government personnel and certain other persons may sell certain government property as scrap metal; to provide that purchasers of such items must verify the sellers' credentials; to provide that persons who damage certain property shall be guilty of a felony; to provide for penalties; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following legislation was read the second time: SB 117 Senator Mullis of the 53rd 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 of the United States of America and to the flag of Georgia. Senator Davenport of the 44th introduced the chaplain of the day, Reverend Edward Cochran of Stockbridge, Georgia, who offered scripture reading and prayer. Senator Carter of the 42nd introduced the doctor of the day, Dr. Zenobia Day. The following resolutions were read and adopted: SR 670. By Senators Goggans of the 7th and Jackson of the 2nd: A RESOLUTION recognizing and commending the Georgia Dental Association's Mission of Mercy; and for other purposes. SR 671. By Senators Williams of the 19th, Hill of the 4th and Carter of the 1st: A RESOLUTION honoring the life and memory of Sheriff Cecil Nobles; and for other purposes. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1099 until 10:00 a.m. Monday, January 23, 2012; the motion prevailed, and at 9:46 a.m. the President announced the Senate adjourned. 74 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, January 23, 2012 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 Senate legislation was introduced, read the first time and referred to committee: SB 312. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Carter of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to require applicants for food stamps and temporary assistance for needy families to engage in personal growth activities; to provide for applicability; to provide for exemptions; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 313. By Senators Rogers of the 21st, Shafer of the 48th and Unterman of the 45th: A BILL to be entitled an Act to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to repeal Chapter 90, relating to the "Local Government Cable Fair Competition Act of 1999"; to enact the "Broadband Investment Equity Act" to provide for regulation of competition between public providers of communications service and private providers of such service; to provide for a short title; to provide for definitions; to provide for authorization to public providers to deliver communications services and invest capital in facilities designed to provide communications services; to provide for the applicability of the public records and public meetings laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. MONDAY, JANUARY 23, 2012 75 SB 314. By Senators Jackson of the 2nd, Thompson of the 5th, Stoner of the 6th and James of the 35th: 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 regulation of the use of previously used material in mattresses and similar consumer products; to provide for definitions; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SR 673. By Senators Cowsert of the 46th, Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Staton of the 18th and others: A RESOLUTION making renewed application to the Congress of the United States to call for a convention for the purpose of proposing an amendment to the Constitution of the United States; and for other purposes. Referred to the Government Oversight Committee. SR 677. By Senators James of the 35th, Davenport of the 44th, Orrock of the 36th, Ramsey, Sr. of the 43rd, Jackson of the 2nd and others: A RESOLUTION creating the Joint Study Committee on the Preservation of Sapelo Island; 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 700. By Representatives Purcell of the 159th and Burns of the 157th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 76 JOURNAL OF THE SENATE HB 708. By Representatives Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 710. By Representatives Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4663), so as to reapportion the commissioner districts; to define certain terms; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to restate certain board powers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 712. By Representative Jasperse of the 12th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Pickens County, approved June 2, 2010 (Ga. L. 2010, p. 3704), so as to clarify the effective dates of the repeal of certain Acts due to a scrivener's error; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Ramsey, Sr. of the 43rd MONDAY, JANUARY 23, 2012 77 Senator Grant of the 25th asked unanimous consent that Senator Stone of the 23rd be excused. The consent was granted, and Senator Stone was excused. Senator Butler of the 55th asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. Senator Goggans of the 7th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. Senator Mullis of the 53rd asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Rogers Seay Sims Staton Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Bulloch Jones (Excused) Stone (Excused) Fort (Excused) Ramsey (Excused) Hamrick (Excused) Shafer (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 of the United States of America and to the flag of Georgia. 78 JOURNAL OF THE SENATE Senator Loudermilk of the 52nd introduced the chaplain of the day, Reverend Jeff Struecker of Columbus, Georgia, who offered scripture reading and prayer. Senator Carter of the 42nd introduced the doctor of the day, Dr. Frank Pickens. Senator Stone of the 23rd recognized the Burke County High School football team, commended by SR 683, adopted today. Coach Eric Parker addressed the Senate briefly. The following resolutions were read and adopted: SR 672. By Senators Bulloch of the 11th, Wilkinson of the 50th, Goggans of the 7th, Tolleson of the 20th, Unterman of the 45th and others: A RESOLUTION recognizing the American Association of Family and Consumer Sciences (AAFCS); and for other purposes. SR 674. By Senator Golden of the 8th: A RESOLUTION recognizing and commending the Southside Church of Christ in Valdosta on the occasion of its 60th anniversary; and for other purposes. SR 675. By Senator Golden of the 8th: A RESOLUTION honoring and recognizing Nexxtep Technology Services; and for other purposes. SR 676. By Senator Golden of the 8th: A RESOLUTION recognizing and commending Brother John W. Iverson, Sr.; and for other purposes. SR 678. By Senators Grant of the 25th, Hooks of the 14th, Harbison of the 15th, Jackson of the 2nd, Ginn of the 47th and others: A RESOLUTION commending the office of sheriff and recognizing January 25, 2012, as Sheriff's Day at the capitol; and for other purposes. SR 679. By Senator Grant of the 25th: A RESOLUTION recognizing and commending the Baldwin County Mayor's Commission on Youth Leadership and the High Achievers Program; and for other purposes. MONDAY, JANUARY 23, 2012 79 SR 680. By Senator Carter of the 1st: A RESOLUTION recognizing and commending the life and works of the Honorable John C. Fremont; and for other purposes. SR 681. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of Donald Eugene Harwood; and for other purposes. SR 682. By Senator McKoon of the 29th: A RESOLUTION honoring the life and memory of Robert L. Tant, Sr.; and for other purposes. SR 683. By Senators Stone of the 23rd and Carter of the 42nd: A RESOLUTION recognizing and commending the Burke County High School football team on their Class AAA Football State Championship; and for other purposes. SR 684. By Senator Hill of the 4th: A RESOLUTION recognizing and commending the Effingham YMCA Christian Leadership Academy of the Effingham YMCA; and for other purposes. SR 685. By Senator Hill of the 4th: A RESOLUTION recognizing January 23, 2012, as Effingham County Day at the Capitol; saluting the Effingham County Chamber of Commerce; and for other purposes. SR 686. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Teasley Middle School; and for other purposes. SR 687. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending R.M. Moore Elementary School; and for other purposes. 80 JOURNAL OF THE SENATE SR 688. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Boston Elementary School; and for other purposes. SR 689. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Woodstock Elementary School; and for other purposes. SR 690. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Jonathan Michael Parker; and for other purposes. SR 691. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Cameron Olson; and for other purposes. The following bill was taken up to consider House action thereto: HB 46. By Representatives Jacobs of the 80th, Lindsey of the 54th, Oliver of the 83rd, Willard of the 49th, Lane of the 167th 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 related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the substitute to HB 46 (LC 29 4781S) by deleting line 51 and inserting in lieu thereof the following: (d) This Code section shall only apply to a subpoena to be issued in this state if the foreign jurisdiction that issued the foreign subpoena has adopted a version of the 'Uniform Interstate Depositions and Discovery Act.' MONDAY, JANUARY 23, 2012 81 (e) This Code section shall not apply to criminal proceedings. By deleting line 115 and inserting in lieu thereof the following: (d) This Code section shall only apply to a subpoena to be issued in this state if the foreign jurisdiction that issued the foreign subpoena has adopted a version of the 'Uniform Interstate Depositions and Discovery Act.' (e) This Code section shall not apply to criminal proceedings. Senator Cowsert of the 46th moved that the Senate agree to the House amendment to the Senate substitute to HB 46. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares E Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton E Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson 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 46. The following bill was taken up to consider House action thereto: SB 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect 82 JOURNAL OF THE SENATE and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided 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 Annotated, relating to insurance, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to establish a small business investment company credit; to provide definitions; to provide standardized application format; to provide for qualification requirements; to provide for limitations; to provide for certification continuance requirements; to provide for reporting; to provide for decertification; to provide for registration; to provide for reports to the Governor and General Assembly; to provide reports to the Commissioner of Insurance; to provide the tax credit; to provide for an effective date; to provided for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, to read as follows: "(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used under policies described in subsection (d) of Code Section 33-23-12 which: (1) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (2) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (3) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter." SECTION 2. Said title is further amended by adding a new paragraph to subsection (b) of Code Section 33-23-1, relating to definitions, to read as follows: MONDAY, JANUARY 23, 2012 83 "(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, and who conducts data entry including entering data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "33-1-19. (a) As used in this Code section, the term: (1) 'Affiliate' means: (A) Any person who, directly or indirectly, beneficially owns, controls, or holds power to vote 15 percent or more of the outstanding voting securities or other voting ownership interest of a Georgia small business investment company or insurance company; or (B) Any person, 15 percent or more of whose outstanding voting securities or other voting ownership interests are directly or indirectly beneficially owned, controlled, or held with power to vote by a Georgia small business investment company or insurance company. (2) 'Allocation date' means the date on which a Georgia small business investment company receives an investment of designated capital from participating investors under this Code section. (3) 'Department' means the Department of Economic Development established by Code Section 50-7-1. (4) 'Designated capital' means an amount of money that: (A) Is invested by a participating investor in a Georgia small business investment company; and (B) Fully funds the purchase price of either or both participating investor's equity interest in a Georgia small business investment company or a qualified debt instrument issued by a Georgia small business investment company. (5) 'Georgia small business investment company' means a partnership, corporation, trust, or limited liability company, organized on a for profit basis, that: (A) Has its principal office located or is headquartered in Georgia; (B) Has as its primary business activity the investment of cash in qualified businesses; and (C) Is certified by the department as meeting the criteria in this Code section. (6) 'Participating investor' means a person with state premium tax liability that contributes designated capital pursuant to this Code section. (7) 'Person' means any natural person or entity, including, but not limited to, a corporation, general or limited partnership, trust, or limited liability company. (8) 'Qualified business' means a business that meets all of the following requirements: (A) It is headquartered in Georgia, its principal business operations are located in 84 JOURNAL OF THE SENATE this state, and at least 60 percent of its employees are located in Georgia; (B) It has not more than 100 employees; (C) It is not predominantly engaged in: (i) Professional services provided by accountants, doctors, or lawyers; (ii) Banking or lending; (iii) Real estate development; (iv) Insurance; (v) Oil and gas exploration; (vi) Direct gambling activities; or (vii) Making loans to or investments in a Georgia small business investment company or an affiliate; and (D) It is not a franchise of and has no financial relationship with a Georgia small business investment company or any affiliate of a Georgia small business investment company prior to a Georgia small business investment company's first qualified investment in the business. A business classified as a qualified business at the time of the first qualified investment in the business will remain classified as a qualified business and may receive continuing qualified investments from any Georgia small business investment company. Continuing investments will constitute qualified investments even though the business may not meet the definition of a qualified business at the time of such continuing investments. (9) 'Qualified debt instrument' means a debt instrument issued by a Georgia small business investment company which meets all of the following criteria: (A) It is issued at par value or a premium; (B) It has an original maturity date of at least four years from the date of issuance, and a repayment schedule which is not faster than a level principal amortization over four years; and (C) Has no interest or payment features that allow for the prepayment of interest or are tied to the profitability of the Georgia small business investment company or the success of its investments. (10) 'Qualified distribution' means any distribution or payment by a Georgia small business investment company in connection with the following: (A) Costs and expenses of forming, syndicating, and organizing the Georgia small business investment company, including fees paid for professional services, and the costs of financing and insuring the obligations of a Georgia small business investment company provided such payments are not made to a participating investor; (B) An annual management fee not to exceed two percent of designated capital on an annual basis to offset the costs and expenses of managing and operating a Georgia small business investment company; (C) Reasonable and necessary fees in accordance with industry custom for ongoing professional services, including, but not limited to, legal and accounting services related to the operation of a Georgia small business investment company, not MONDAY, JANUARY 23, 2012 85 including any lobbying or governmental relations; (D) Any increase or projected increase in federal or state taxes, including penalties and related interest of the equity owners of a Georgia small business investment company resulting from the earnings or other tax liability of a Georgia small business investment company to the extent that the increase is related to the ownership, management, or operation of a Georgia small business investment company; and (E) Payments of principal and interest to holders of qualified debt instruments issued by a Georgia small business investment company may be made without restriction whatsoever. (11) 'Qualified investment' means the investment of money by a Georgia small business investment company in a qualified business for the purchase of any debt, debt participation, equity, or hybrid security of any nature and description whatsoever, including a debt instrument or security that has the characteristics of debt but which provides for conversion into equity or equity participation instruments such as options or warrants. (12) 'State premium tax liability' means any liability incurred by an insurance company under Code Sections 33-3-26 and 33-8-4. (b)(1) The department shall provide a standardized format for applying for the small business investment credit under subsection (j) of this Code section. An applicant is required to: (A) File an application with the department; (B) Pay a nonrefundable application fee of $7,500.00 at the time of filing the application; (C) Submit as part of its application an audited balance sheet that contains an unqualified opinion of an independent certified public accountant issued not more than 35 days before the application date that states that the applicant has an equity capitalization of $500,000.00 or more in the form of unencumbered cash, marketable securities, or other liquid assets; and (D) Have at least two principals or persons employed or engaged to manage the funds who each have a minimum of five years of money management experience in the venture capital or small business investment industry. (2) The department may certify partnerships, corporations, trusts, or limited liability companies, organized on a for profit basis, which submit an application to be designated as a Georgia small business investment company if such applicant is located, headquartered, and licensed or registered to conduct business in Georgia, has as its primary business activity the investment of cash in qualified businesses, and meets the other criteria set forth in this Code section. (3) The department shall review the organizational documents of each applicant for certification and the business history of each applicant, determine whether the applicant has satisfied the requirements of this Code section, and determine whether the officers and the board of directors, general partners, trustees, managers, or members are trustworthy and are thoroughly acquainted with the requirements of this 86 JOURNAL OF THE SENATE Code section. (4) Within 30 days after the receipt of an application, the department shall issue the certification or refuse the certification and communicate in detail to the applicant the grounds for refusal, including suggestions for the removal of such grounds. (5) The department shall begin accepting applications to become a Georgia small business investment company as defined by subsection (a) of this Code section by August 1, 2011. (c)(1) An insurance company or affiliate of an insurance company shall not, directly or indirectly: (A) Beneficially own, whether through rights, options, convertible interest, or otherwise, 15 percent or more of the voting securities or other voting ownership interest of a Georgia small business investment company; (B) Manage the operations of a Georgia small business investment company; or (C) Control the direction of investments for a Georgia small business investment company. (2) This subsection does not preclude a participating investor, insurance company, or other party from exercising its legal rights and remedies, including, without limitation, interim management of a Georgia small business investment company, in the event that a Georgia small business investment company is in default of its statutory obligations or its contractual obligations to such participating investor, insurance company, or other party, or from monitoring a Georgia small business investment company to ensure its compliance with this Code section or disallowing any investments that have not been approved by the department. (3) The department may contract with an independent third party to review, investigate, and certify that the applications comply with the provisions of this Code section. (d)(1) The aggregate amount of investment tax credits to be allocated to all participating investors of Georgia business investment companies under this Code section shall not exceed $125,000,000.00. No Georgia small business investment company, on an aggregate basis with its affiliates, may file credit allocation claims that exceed $125,000,000.00. (2) Credits shall be allocated to participating investors in the order that the credit allocation claims are filed with the department, provided that all credit allocation claims filed with the department on the same day shall be treated as having been filed contemporaneously. Any credit allocation claims filed with the department prior to the initial credit allocation claim filing date will be deemed to have been filed on such initial credit allocation claim filing date. The department will set the initial credit allocation claim filing date to be not less than 120 days and not greater than 150 days after the department begins accepting applications for certification. (3) In the event that two or more Georgia small business investment companies file credit allocation claims with the department on behalf of their respective participating investors on the same day, and the aggregate amount of credit allocation claims exceeds the aggregate limit of investment tax credits under this Code section or the MONDAY, JANUARY 23, 2012 87 lesser amount of credits that remain unallocated on that day, then the credits shall be allocated among the participating investors who filed on that day on a pro rata basis with respect to the amounts claimed. The pro rata allocation for any one participating investor is the product obtained by multiplying a fraction, the numerator of which is the amount of the credit allocation claim filed on behalf of a participating investor and the denominator of which is the total of all credit allocation claims filed on behalf of all participating investors on that day, by the aggregate limit of credits under this Code section or the lesser amount of credits that remain unallocated on that day. (4) Within ten business days after the department receives a credit allocation claim filed by a Georgia small business investment company on behalf of one or more of its participating investors, the department shall notify the Georgia small business investment company of the amount of credits allocated to each of the participating investors of that Georgia small business investment company. In the event a Georgia small business investment company does not receive an investment of designated capital from each participating investor required to earn the amount of credits allocated to such participating investor within ten business days of the Georgia small business investment company's receipt of notice of allocation, then it shall notify the department on or before the next business day, and the credits allocated to such participating investor of the Georgia small business investment company will be forfeited. The department shall then reallocate those forfeited credits among the participating investors of the other Georgia small business investment companies on a pro rata basis with respect to the credit allocation claims filed on behalf of the participating investors. The commissioner is authorized, but not required, to levy a fine of not more than $50,000.00 on any participating investor that does not invest the full amount of designated capital required to fund the credits allocated to it by the department in accordance with the credit allocation claim filed on its behalf. (5) No participating investor, on an aggregate basis with its affiliates, shall file an allocation claim for more than 25 percent of the maximum amount of investment tax credits authorized hereunder, regardless of whether such claim is made in connection with one or more Georgia small business investment companies. (e)(1) To maintain its certification, a Georgia small business investment company shall make qualified investments as follows: (A) Within three years after the allocation date, a Georgia small business investment company shall invest an amount equal to at least 35 percent of its designated capital in qualified investments; and (B) Within four years after the allocation date, a Georgia small business investment company shall invest an amount equal to at least 50 percent of its designated capital in qualified investments. (2) Prior to making a proposed qualified investment in a specific business, a Georgia small business investment company shall request from the department a written determination that the proposed investment will qualify as a qualified investment in a qualified business. The department shall notify a Georgia small business investment company within ten business days from the receipt of a request of its determination 88 JOURNAL OF THE SENATE and an explanation thereof. If the department fails to notify the Georgia small business investment company of its determination within the ten-business-day period, the proposed investment shall be deemed to be a qualified investment in a qualified business. If the department determines that the proposed investment does not meet the definition of a qualified investment or qualified business or both, the department may nevertheless consider the proposed investment a qualified investment and, if necessary, the business a qualified business, if the department determines that the proposed investment will further state economic development. (3) All designated capital not invested in qualified investments by a Georgia small business investment company shall be held or invested in such manner as the Georgia small business investment company, in its discretion, deems appropriate. Designated capital and proceeds of designated capital returned to a Georgia small business investment company after being originally invested in qualified investments may be invested again in qualified investments, and such investment shall count toward the requirements of this subsection with respect to making investments of designated capital in qualified investments. (4) If, within five years after its allocation date, a Georgia small business investment company has not invested at least 60 percent of its designated capital in qualified investments, neither the Georgia small business investment company nor its affiliates shall be permitted to receive management fees, until such time as it has made such qualified investments. (5) If, within seven years after its allocation date, a Georgia small business investment company has not invested at least 100 percent of its designated capital in qualified investments, neither the Georgia small business investment company nor its affiliates shall be permitted to receive management fees, until such time as it has made such qualified investments. (6) A Georgia small business investment company shall not invest more than 15 percent of its designated capital in any one qualified business without the specific approval of the department. (7) For purposes of calculating the above investment percentage thresholds of paragraph (1) of this subsection, the cumulative amount of all qualified investments made by a Georgia small business investment company from the allocation date shall be considered. (f)(1) Each Georgia small business investment company shall report the following to the department: (A) As soon as practicable after the receipt of designated capital: (i) The name of each participating investor from which the designated capital was received, including such participating investor's insurance tax identification number; (ii) The amount of each participating investor's investment of designated capital; and (iii) The date on which the designated capital was received; (B) On an annual basis, on or before January 31 of each year: MONDAY, JANUARY 23, 2012 89 (i) The amount of the Georgia small business investment company's remaining uninvested designated capital at the end of the immediately preceding taxable year; (ii) Whether or not the Georgia small business investment company has invested more than 15 percent of its total designated capital in any one business; (iii) All qualified investments that the Georgia small business investment company has made in the previous taxable year, including the number of employees of each qualified business in which it has made investments at the time of such investment and as of December 1 of the preceding taxable year; and (iv) For any qualified business where the Georgia small business investment company no longer has an investment, the Georgia small business investment company shall provide employment figures for that company as of the last day before the investment was terminated; (C) Other information that the department may reasonably request that will help the department ascertain the impact of the Georgia small business investment company program both directly and indirectly on the economy of the State of Georgia, including, but not limited to, the number of jobs created by qualified businesses that have received qualified investments; and (D) Within 180 days of the close of its fiscal year, annual audited financial statements of the Georgia small business investment company, which shall include the opinion of an independent certified public accountant. (2) A Georgia small business investment company shall pay to the department an annual, nonrefundable certification fee of $5,000.00 on or before April 1, or $10,000.00 if later. No annual certification fee is required if the payment date for such fee is within six months of the date that a Georgia small business investment company is first certified by the department. (3) Upon satisfying the requirements of subparagraph (B) of paragraph (1) of subsection (e) of this Code section, a Georgia small business investment company shall provide notice to the department and the department shall, within 60 days of receipt of such notice, either confirm that the Georgia small business investment company has satisfied the requirements of subparagraph (B) of paragraph (1) of subsection (e) of this Code section as of such date or provide notice of noncompliance and an explanation of any existing deficiencies. If the department does not provide such notification within 60 days, the Georgia small business investment company shall be deemed to have met the requirements of subparagraph (B) of paragraph (1) of subsection (e) of this Code section. (g) A Georgia small business investment company may make qualified distributions at any time. In order for a Georgia small business investment company to make a distribution other than a qualified distribution to its equity holders, the cumulative amount of all qualified investments of the Georgia small business investment company shall equal or exceed 100 percent of its designated capital. (h)(1) The department shall conduct an annual review of each Georgia small business investment company to determine if a Georgia small business investment company is 90 JOURNAL OF THE SENATE abiding by the requirements of certification and to ensure that no investment has been made in violation of this Code section. The cost of the annual review shall be paid by each Georgia small business investment company according to a reasonable fee schedule adopted by the department. (2) Any violation of paragraphs (A) and (B) of paragraph (1) of subsection (e) of this Code section may be grounds for decertification of a Georgia small business investment company and the disallowance of credits under subsection (k) of this Code section, provided that in all instances the department shall provide notice to the Georgia small business investment of the grounds of such proposed decertification and the opportunity to cure such violation before any such decertification shall become effective. (3) Once a Georgia small business investment company has invested an amount cumulatively equal to 100 percent of its designated capital in qualified investments, provided that the Georgia small business investment company has met all other requirements under this Code section as of such date, the Georgia small business investment company shall no longer be subject to regulation by the department or the reporting requirements under subsection (f) of this Code section. Upon receiving certification by a Georgia small business investment company that it has invested an amount equal to 100 percent of its designated capital, the department shall notify a Georgia small business investment company within 60 days that it has or has not met the requirements, with a reason for the determination if it has not. If the department does not provide notification of deregulation within 60 days, the Georgia small business investment company shall be deemed to have met the requirements and shall be deemed to no longer be subject to regulation by the department. (4) The department shall send written notice of any decertification proceedings to the Commissioner of Insurance and to the address of each participating investor whose tax credit may be subject to recapture or forfeiture, using the address shown on the last filing submitted to the department. (i) All investments by participating investors for which tax credits are awarded under this Code section shall be registered or specifically exempt from registration. (j) The department shall make an annual report to the governor and the chairs and ranking minority members of the committees having jurisdiction over taxes and economic development. The report shall include: (1) The number of Georgia small business investment companies holding designated capital; (2) The amount of designated capital invested in each Georgia small business investment company; (3) The cumulative amount that each Georgia small business investment company has invested as of January 1, 2012, and the cumulative total each year thereafter; (4) The cumulative amount of follow-on capital that the investments of each Georgia small business investment company have created in terms of capital invested in qualified businesses at the same time or subsequent to investments made by a Georgia small business investment company in such businesses by sources other than Georgia MONDAY, JANUARY 23, 2012 91 small business investment companies; (5) The total amount of investment tax credits applied under this Code section for each year; (6) The performance of each Georgia small business investment company with regard to the requirements for continued certification; (7) The classification of the companies in which each Georgia small business investment company has invested according to industrial sector and size of company; (8) The gross number of jobs created by investments made by each Georgia small business investment company and the number of jobs retained; (9) The location of the companies in which each Georgia small business investment company has invested; (10) Those Georgia small business investment companies that have been decertified, including the reasons for decertification; and (11) Other related information as necessary to evaluate the effect of this Code section on economic development. (k)(1) A participating investor as defined under subsection (a) of this Code section shall earn a vested credit against its state premium tax liability equal to 100 percent of the participating investor's investment of designated capital in a Georgia small business investment company. Beginning January 1, 2014, a participating investor may claim the credit as follows: (A) In tax year 2014, an amount equal to 20 percent of the participating investor's investment of designated capital; (B) In tax year 2015, an amount equal to 20 percent of the participating investor's investment of designated capital; (C) In tax year 2016, an amount equal to 20 percent of the participating investor's investment of designated capital; (D) In tax year 2017, an amount equal to 20 percent of the participating investor's investment of designated capital; and (E) In tax year 2018, an amount equal to 20 percent of the participating investor's investment of designated capital. (2) The credit for any taxable year shall not exceed the state premium tax liability for such year. If the amount of the credit determined under this Code section for any taxable year exceeds the state premium tax liability for such year, the excess shall be an investment tax credit carryover to future taxable years without limitation. Credits may be used in connection with both final payments and prepayments of a participating investor's state premium tax liability. (3) A participating investor claiming a credit under this Code section is not required to pay any additional retaliatory tax levied as a result of claiming the credit. (4) A participating investor is not required to reduce the amount of tax pursuant to the state premium tax liability included by the participating investor in connection with ratemaking for any insurance contract written in this state because of a reduction in the participating investor's tax liability based on the tax credit allowed under this Code section. 92 JOURNAL OF THE SENATE (5) If the taxes paid by a participating investor with respect to its state premium tax liability constitute a credit against any other tax that is imposed by this state, the participating investor's credit against the other tax shall not be reduced by virtue of the reduction in the participating investor's tax liability based on the tax credit allowed under this Code section. (6) Final decertification of a Georgia small business investment company under subsection (h) of this Code section may result in the disallowance and the recapture of the credit allowed under this Code section. The amount to be disallowed and recaptured shall be assessed as follows: (A) Decertification of a Georgia small business investment company within two years of its allocation date and prior to meeting the requirements of subparagraph (A) of paragraph (1) of subsection (e) of this Code section shall result in the disallowance of all of the credits allowed under this Code section; and (B) Decertification of a Georgia small business investment company that has already met the requirements of subparagraphs (A) and (B) of paragraph (1) of subsection (e) of this Code section shall not cause the disallowance of any credits allowed under this Code section nor the recapture of any portion of the credits that was previously taken. (7) A participating investor shall not transfer, agree to transfer, sell, or agree to sell the credit under this Code section until 180 days from the date on which the participating investor invested designated capital. After 180 days from the date of investment, a participating investor, or subsequent transferee, may transfer credits based upon rules adopted by the department to facilitate such transfers. Any transfer or sale of the credits shall not affect the time schedule for claiming the credit. Any tax credits recaptured under this Code section shall remain the liability of the original participating investor that applied the credit towards its tax liability. (l) The Commissioner of Insurance may require each participating investor to provide an annual report, the contents of which to be determined by the Department of Insurance." SECTION 4. (a) This Act shall become effective July 1, 2011, except as provided in subsection (b) of this section. (b) Section 3 of this Act shall become effective January 1, 2012. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th asked unanimous consent that the Senate disagree to the House substitute to SB 203. The consent was granted, and the Senate disagreed to the House substitute to SB 203. MONDAY, JANUARY 23, 2012 93 Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 24, 2012. The motion prevailed, and the President announced the Senate adjourned at 10:54 a.m. 94 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, January 24, 2012 Seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1140. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 298. By Senators Davis of the 22nd, Cowsert of the 46th, Staton of the 18th, Stoner of the 6th, Sims of the 12th 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 that nonpartisan elections for consolidated governments shall be held in conjunction with the November general election; to provide that nonpartisan elections for consolidated governments by local law may be conducted in conjunction with the general primary; to provide for qualifying times and procedures for such candidates; to provide for the form of the ballot; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. TUESDAY, JANUARY 24, 2012 95 SB 315. By Senators Stoner of the 6th, Fort of the 39th, Henson of the 41st, Seay of the 34th, Jones of the 10th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to revise the "Ethics in Government Act"; to change a definition; to change the name of the Georgia Government Transparency and Campaign Finance Commission to the Georgia Ethics Commission; to provide a funding source for the commission; to remove certain dedications of fees; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to correct cross-references; to provide for related matters; to provide for an effective date; to provide a contingent effective date; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 316. By Senators Bethel of the 54th, Mullis of the 53rd, Hamrick of the 30th, Shafer of the 48th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to increase the tolling period for limitations for tort actions while a criminal prosecution is pending; to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to extend the statute of limitations for the prosecutions of the offenses of cruelty to children in the first degree, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 317. By Senator Grant of the 25th: A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for 96 JOURNAL OF THE SENATE approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 318. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 319. By Senators Jeffares of the 17th, Tolleson of the 20th, Chance of the 16th, Tippins of the 37th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 320. By Senators Orrock of the 36th, Fort of the 39th, Henson of the 41st, Carter of the 42nd, Stoner of the 6th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to the organization of the executive branch, so as to provide that no state agency shall enter into a contract with a private entity for the provision of services if any such services will be performed outside the geographical boundaries of the United States; to provide for a certain contract provisions; to provide for sanctions; to provide an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. TUESDAY, JANUARY 24, 2012 97 SB 321. By Senators Unterman of the 45th, McKoon of the 29th, Stone of the 23rd and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 322. By Senators Stoner of the 6th, Hill of the 32nd, Chance of the 16th, Seay of the 34th, Golden of the 8th 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 provide for the establishment of a website to provide taxpayers of this state with an itemized receipt showing how the taxes they pay are utilized; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 323. By Senator Golden of the 8th: A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval 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. 98 JOURNAL OF THE SENATE SB 324. By Senators Mullis of the 53rd, Tolleson of the 20th, Wilkinson of the 50th, Hooks of the 14th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to the practice of veterinary medicine, so as to clarify a certain definition; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 325. By Senators Fort of the 39th, Henson of the 41st, Harbison of the 15th, Jones of the 10th, Jackson of the 2nd 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 certain conditions and requirements; to provide for the manner of such registration; to authorize the State Election Board and the Department of Driver Services to promulgate rules and regulations to effectuate such registration program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 326. By Senators Fort of the 39th, Henson of the 41st, Harbison of the 15th, Jones of the 10th, Jackson of the 2nd 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 election day voter registration and voting; to provide for procedures and methods; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 327. By Senators Harbison of the 15th, Henson of the 41st, Fort of the 39th, Jones of the 10th, Jackson of the 2nd 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 TUESDAY, JANUARY 24, 2012 99 funds are received from the federal Veterans Administration; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 328. By Senators Harbison of the 15th, Jones of the 10th, Jackson of the 2nd, Stoner of the 6th, Henson of the 41st 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 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 Veterans, Military and Homeland Security Committee. SB 329. By Senators Jackson of the 2nd, Harbison of the 15th, Henson of the 41st, Jones of the 10th and Stoner of the 6th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to veterans' benefits, so as to create the Returning Veterans Task Force; to provide for membership; to provide for duties; to provide for recommendations; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 330. By Senators Fort of the 39th, Henson of the 41st, Stoner of the 6th, Orrock of the 36th and Thompson of the 5th: A BILL to be entitled an Act to amend Article 3 of Chapter 29A of Title 33 of the Official Code of Georgia Annotated, relating to individual health insurance coverage, so as to provide that each individual accident and sickness policy sold pursuant to this article shall provide coverage for treatment of dependent children with cancer and provide coverage for autism; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 100 JOURNAL OF THE SENATE SR 704. By Senators Henson of the 41st, Fort of the 39th, Stoner of the 6th, Seay of the 34th, Tate of the 38th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by general law for the dedication of revenues derived from certain fees, licenses, or other assessments to any one or more state programs for the protection, preservation, management, remediation, and restoration of natural resources, or for any other permissible public purpose, including, but not limited to, programs designed to enhance public safety and security; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. SR 715. By Senators Williams of the 19th, Crosby of the 13th, Hill of the 4th, Ligon, Jr. of the 3rd, Jackson of the 24th and others: A RESOLUTION urging Congress to expand the eligibility requirements of the H-2A guest worker program; and for other purposes. Referred to the Agriculture and Consumer Affairs 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 136 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th 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 307 SB 309 Do Pass Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman TUESDAY, JANUARY 24, 2012 101 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 572 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Hill of the 4th Senator Goggans of the 7th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. Senator Stone of the 23rd asked unanimous consent that Senator Jeffares of the 17th be excused. The consent was granted, and Senator Jeffares was excused. Senator Loudermilk of the 52nd asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator Seay of the 34th asked unanimous consent that Senator 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: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Grant Hamrick Harbison Heath Henson Hill, Judson Hooks Jackson, B Jackson, L James Jones Ligon Loudermilk Mullis Paris Ramsey Seay Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson 102 JOURNAL OF THE SENATE Ginn Goggans Golden Gooch McKoon Millar Miller Not answering were Senators: Fort (Excused) Murphy Shafer (Excused) Hill, Jack (Excused) Orrock (Excused) Unterman Wilkinson Williams Jeffares (Excused) Rogers (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Chance of the 16th introduced the chaplain of the day, Reverend Stephen M. Dodson of Peachtree City, Georgia, who offered scripture reading and prayer. Senator Mullis of the 53rd recognized January 24, 2012, as Georgia Music Day at the capitol, commended by SR 703, adopted today. Robert Spano, Conductor of the Atlanta Symphony Orchestra, addressed the Senate briefly. Senator Carter of the 42nd introduced the doctor of the day, Dr. Diane Heath. Senator Bethel of the 54th recognized the Calhoun High School football team, commended by SR 696, adopted today. Coach Hal Lamb addressed the Senate briefly. Senator McKoon of the 29th recognized and honored the life and memory of Robert L. Tant, Sr., commended by SR 682, adopted previously. The following resolutions were read and adopted: SR 692. By Senator Ginn of the 47th: A RESOLUTION recognizing and commending Matthew "Matt" Roy Deremer; and for other purposes. SR 693. By Senator Chance of the 16th: A RESOLUTION declaring February 9, 2012, as State Restaurant Day at the state capitol and commending the food service industry of Georgia; and for other purposes. TUESDAY, JANUARY 24, 2012 103 SR 694. By Senator Chance of the 16th: A RESOLUTION recognizing January 24, 2012, as Tourism and Hospitality Day at the state capitol and commending the tourism industry of Georgia; and for other purposes. SR 695. By Senators Shafer of the 48th, Mullis of the 53rd, Chance of the 16th, Crane of the 28th and Jeffares of the 17th: A RESOLUTION recognizing and commending Southwest Airlines on its expansion into Atlanta and Hartsfield-Jackson International Airport, the busiest in the world; and for other purposes. SR 696. By Senators Bethel of the 54th and Loudermilk of the 52nd: A RESOLUTION recognizing and commending the 2011 Calhoun High School football team on their Class AA Championship; and for other purposes. SR 697. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Dr. Paula Walker; and for other purposes. SR 698. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing February 7, 2012, as Columbus Day at the state capitol; and for other purposes. SR 699. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION honoring and commending Becky Jones-Claiborne on her 2011 induction into the Education Hall of Fame; and for other purposes. SR 700. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Dr. Shane Darrah; and for other purposes. SR 701. By Senators Rogers of the 21st, Hill of the 32nd and Stoner of the 6th: A RESOLUTION recognizing and commending Sprayberry High School for being named one of the 2011 Georgia School of Excellence; and for other purposes. 104 JOURNAL OF THE SENATE SR 702. By Senators Rogers of the 21st, Loudermilk of the 52nd and Albers of the 56th: A RESOLUTION recognizing the members of the 2011 Woodstock Middle School Academic Bowl team and commending them on winning the Cherokee County Academic Bowl Tournament; and for other purposes. SR 703. By Senators Mullis of the 53rd, Staton of the 18th, Tate of the 38th, Miller of the 49th, Davis of the 22nd and others: A RESOLUTION recognizing January 24, 2012, as Georgia Music Day at the capitol; and for other purposes. SR 705. By Senators Jeffares of the 17th, Tolleson of the 20th and Golden of the 8th: A RESOLUTION recognizing January 24, 2012, as Drinking Water Security Day at the state capitol; and for other purposes. SR 706. By Senators James of the 35th, Henson of the 41st and Fort of the 39th: A RESOLUTION recognizing West End Family Life and Community Center; and for other purposes. SR 707. By Senators James of the 35th, Stoner of the 6th, Henson of the 41st and Fort of the 39th: A RESOLUTION recognizing and commending Reverend Dwight Graves; and for other purposes. SR 708. By Senators Unterman of the 45th, Seay of the 34th, Davenport of the 44th, Paris of the 26th, James of the 35th and others: A RESOLUTION recognizing February 3, 2012, as "National Wear Red Day" at the state capitol; and for other purposes. SR 709. By Senators Unterman of the 45th, Orrock of the 36th, Davenport of the 44th, Seay of the 34th, Paris of the 26th and others: A RESOLUTION recognizing the Girl Scouts of the United States of America on the occasion of its 100th anniversary and declaring 2012 as Year of the Girl; and for other purposes. TUESDAY, JANUARY 24, 2012 105 SR 710. By Senators Unterman of the 45th, Crosby of the 13th and Hooks of the 14th: A RESOLUTION commending the contributions of senior Georgians and recognizing February 20 to February 26, 2012, as Senior Week at the capitol; and SR 711. By Senators Seay of the 34th, Grant of the 25th, Mullis of the 53rd, Davenport of the 44th, Butler of the 55th and others: A RESOLUTION honoring and recognizing Clayton County Fire and Emergency Services; and for other purposes. SR 712. By Senators Grant of the 25th, Hooks of the 14th, Hill of the 4th, Hill of the 32nd, Goggans of the 7th and others: A RESOLUTION commending the Georgia Rural Health Association and recognizing February 16, 2012, as Rural Health Day at the State Capitol; and for other purposes. SR 713. By Senators Grant of the 25th, Albers of the 56th, Carter of the 42nd, Seay of the 34th, Ligon, Jr. of the 3rd and others: A RESOLUTION recognizing and commending police chiefs and other heads of law enforcement agencies in the State of Georgia; and for other purposes. SR 714. By Senators Unterman of the 45th, Carter of the 1st and Ligon, Jr. of the 3rd: A RESOLUTION recognizing Wednesday, February 29, 2012, as Skin Cancer Awareness Day at the state capitol; and for other purposes. SR 716. By Senator Jackson of the 2nd: A RESOLUTION commending Georgia's Certified Registered Nurse Anesthetist programs and recognizing January 22-28, 2012, as National Nurse Anesthetist Week at the state capitol; and for other purposes. Senator Hamrick of the 30th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Natural Resources and the Environment Committee: HB 315. By Representatives Cooke of the 18th, Bearden of the 68th, Burns of the 157th, Brockway of the 101st, McCall of the 30th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions regarding 106 JOURNAL OF THE SENATE the registration, operation, and sale of watercraft, so as to provide that it shall be a violation of law if a person's alcohol concentration is 0.08 grams or more at any time within three hours after operating, navigating, steering, driving, manipulating, or being in actual physical control of a moving vessel, moving water skis, moving aquaplane, moving surfboard, or similar moving device from alcohol consumed before such operating, navigating, steering, driving, manipulating, or being in actual physical control ended; to provide for certain presumptions at trial of such cases; to provide for related matters; to provide an effective date and for applicability; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 315 was committed to the Senate Natural Resources and the Environment 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 January 24, 2012 Seventh Legislative Day (The name listed is the Senator whose district is affected by the legislation.) HB 572 Paris of the 26th TWIGGS COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Twiggs County, approved March 26, 1982 (Ga. L. 1982, p. 3627), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 4048), so as to change provisions relating to the compensation of members of the board; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Harbison Y Heath Y Orrock Y Paris Y Ramsey TUESDAY, JANUARY 24, 2012 107 Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay E Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 48, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following resolution was read and put upon its adoption: HR 1140. By Representative O`Neal of the 146th: 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 2012 regular session of the General Assembly for the period of Friday, January 27, 2012, through Monday, March 12, 2012, shall be as follows: Friday, January 27 through Sunday, January 29..............in adjournment Monday, January 30.........................................................in session for legislative day 10 Tuesday, January 31.........................................................in session for legislative day 11 Wednesday, February 1 ...................................................in session for legislative day 12 Thursday, February 2 .......................................................in session for legislative day 13 Friday, February 3............................................................in session for legislative day 14 Saturday, February 4 and Sunday, February 5.................in adjournment Monday, February 6.........................................................in session for legislative day 15 108 JOURNAL OF THE SENATE Tuesday, February 7.........................................................in session for legislative day 16 Wednesday, February 8 ...................................................in session for legislative day 17 Thursday, February 9 .......................................................in session for legislative day 18 Friday, February 10 through Tuesday, February 14 ........in adjournment Wednesday, February 15 .................................................in session for legislative day 19 Thursday, February 16 .....................................................in session for legislative day 20 Friday, February 17..........................................................in session for legislative day 21 Saturday, February 18 and Sunday, February 19.............in adjournment Monday, February 20.......................................................in session for legislative day 22 Tuesday, February 21.......................................................in session for legislative day 23 Wednesday, February 22 .................................................in session for legislative day 24 Thursday, February 23 .....................................................in session for legislative day 25 Friday, February 24 through Sunday, February 26..........in adjournment Monday, February 27.......................................................in session for legislative day 26 Tuesday, February 28.......................................................in session for legislative day 27 Wednesday, February 29 .................................................in session for legislative day 28 Thursday, March 1 through Sunday, March 4 .................in adjournment Monday, March 5.............................................................in session for legislative day 29 Tuesday, March 6.............................................................in adjournment Wednesday, March 7 .......................................................in session for legislative day 30 Thursday, March 8 through Sunday, March 11 ...............in adjournment Monday, March 12...........................................................in session for legislative day 31 BE IT FURTHER RESOLVED that on and after March 12, 2012, the periods of adjournment of the 2012 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, a roll call was taken, and the vote was as follows: Albers Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Y Orrock Y Paris Ramsey Y Rogers Y Seay E Shafer Y Sims Y Staton Y Stone Y Stoner Tate TUESDAY, JANUARY 24, 2012 109 Y Davenport Y Davis E Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Thompson, C Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 43, nays 0, and the resolution was adopted. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, January 25, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:33 a.m. 110 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, January 25, 2012 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 communication was received by the Secretary: Senator Judson Hill District 32 421-D State Capitol Atlanta, GA 30334 Committees: Government Oversight Appropriations Health and Human Services Insurance and Labor Reapportionment and Redistricting Special Judiciary Georgia Senate 1/25/12 Please withdraw my sponsorship from Senate Bill 313. Thank you. /s/ Judson Hill 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 295. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th, Brooks of the 63rd, 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 provide a HB 424. HB 683. HB 713. WEDNESDAY, JANUARY 25, 2012 111 method of calculating accrued benefits for persons subject to the Georgia State Employees Pension and Savings Plan who transfer between the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the transfer of the accrued benefit amount and the present value of the accrued benefit; to provide that the present value shall be based on methods and assumptions of the transferring system; to provide for the recalculation of benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Weldon of the 3rd, Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Brooks of the 63rd and others: 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, so as to provide for a death benefit for active and retired members; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 49th, Smith of the 131st, Welch of the 110th, McCall of the 30th and Dickey of the 136th: A BILL to be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of attorney's fees a garnishee may deduct from the sums paid into court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Davis of the 109th, Carter of the 175th, Coleman of the 97th, Kaiser of the 59th 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 delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career 112 JOURNAL OF THE SENATE education in grades kindergarten through 12; to change the mandated assessment for postsecondary readiness to the end of the eleventh grade; 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 331. By Senators Shafer of the 48th, Harbison of the 15th, McKoon of the 29th, Goggans of the 7th and Golden of the 8th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of closing protection letters; to provide for definitions; to provide for premiums regarding such letters; to provide for certain reserves; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to such matters; 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 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others: 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 tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 333. By Senators Stone of the 23rd, Miller of the 49th, Ramsey, Sr. of the 43rd, Davis of the 22nd, Jeffares of the 17th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. WEDNESDAY, JANUARY 25, 2012 113 SB 334. By Senators Sims of the 12th, Jones of the 10th, James of the 35th, Henson of the 41st, Davenport of the 44th and others: A BILL to be entitled an Act 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 the definition of the term "Zell Miller Scholar"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 335. By Senators Carter of the 42nd, Jones of the 10th, James of the 35th, Henson of the 41st, Davenport of the 44th and others: A BILL to be entitled an Act to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, so as to eliminate the minimum grade point average requirement for maintaining eligibility for a HOPE grant; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 336. By Senators Carter of the 42nd, Jones of the 10th, James of the 35th, Henson of the 41st, Davenport of the 44th and others: A BILL to be entitled an Act to amend Code Section 20-3-519.1 of the Official Code of Georgia Annotated, relating to eligibility for HOPE scholarships and grants, so as to add a maximum annual household income requirement for purposes of eligibility; to provide for an annual determination; to exempt Zell Miller Scholars; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 337. By Senators Goggans of the 7th, Unterman of the 45th, Cowsert of the 46th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the 114 JOURNAL OF THE SENATE participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 338. By Senators Goggans of the 7th, Jackson of the 2nd and Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," so as to provide for special licenses for dentists and dental hygienists licensed in other jurisdictions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 340. By Senators Gooch of the 51st, Williams of the 19th, Mullis of the 53rd, Loudermilk of the 52nd, Wilkinson of the 50th and others: 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. WEDNESDAY, JANUARY 25, 2012 115 SB 341. By Senators Jackson of the 2nd, Stoner of the 6th, Ramsey, Sr. of the 43rd, James of the 35th and Paris of the 26th: 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 clarify the definition of the term "designated felony"; to increase the maximum detention period for children adjudicated for delinquent acts; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 342. By Senators Jackson of the 2nd, Jones of the 10th, James of the 35th, Tate of the 38th and Butler of the 55th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated so as to make legislative findings; to repeal the imposition of the death penalty in this state; to repeal references to procedures related to capital cases; to provide for matters relative to the foregoing; to provide for applicability; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 343. By Senators Heath of the 31st, Hill of the 32nd, Miller of the 49th, Chance of the 16th and Jackson of the 24th: 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 designate the state accounting officer as the Comptroller General; to transfer the office, functions, duties, and responsibilities of the Controller General from the Commissioner of Insurance to the State Accounting Office; to provide for related matters; to amend Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, so as to conform such provisions to reflect the change in the transfer of the position and duties of the Comptroller General to the state accounting officer; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SR 719. By Senators Albers of the 56th, Chance of the 16th, Loudermilk of the 52nd and McKoon of the 29th: A RESOLUTION creating the Tourism Promotion Joint Study Commission; and for other purposes. Referred to the Economic Development Committee. 116 JOURNAL OF THE SENATE SR 722. By Senators Carter of the 42nd, Jones of the 10th, James of the 35th, Davenport of the 44th, Stoner of the 6th and others: A RESOLUTION proposing an amendment to the Constitution so as to add a student member to the Board of Regents of the University System of Georgia; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Higher Education Committee. SR 727. By Senators James of the 35th, Jackson of the 2nd, Ramsey, Sr. of the 43rd, Jones of the 10th, Harbison of the 15th and others: A RESOLUTION creating the Senate Preservation of Sapelo Island Study Committee; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 728. By Senators Jackson of the 2nd, Jones of the 10th, James of the 35th, Tate of the 38th and Butler of the 55th: A RESOLUTION urging Congress to impose a national moratorium on the imposition of the death penalty in the United States; and for other purposes. Referred to the Judiciary Committee. SR 730. By Senators Rogers of the 21st, Mullis of the 53rd, Gooch of the 51st, Tippins of the 37th, Albers of the 56th and others: A RESOLUTION recognizing the destructive and insidious nature of the United Nations Agenda 21; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 295. By Representatives Maxwell of the 17th, Benton of the 31st, Meadows of the 5th, Brooks of the 63rd, 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 provide a method of calculating accrued benefits for persons subject to the Georgia State Employees Pension and Savings Plan who transfer between the Employees' Retirement WEDNESDAY, JANUARY 25, 2012 117 System of Georgia and the Teachers Retirement System of Georgia; to provide for the transfer of the accrued benefit amount and the present value of the accrued benefit; to provide that the present value shall be based on methods and assumptions of the transferring system; to provide for the recalculation of benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 424. By Representatives Weldon of the 3rd, Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Brooks of the 63rd and others: 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, so as to provide for a death benefit for active and retired members; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 683. By Representatives Willard of the 49th, Smith of the 131st, Welch of the 110th, McCall of the 30th and Dickey of the 136th: A BILL to be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of attorney's fees a garnishee may deduct from the sums paid into court; 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 713. By Representatives Nix of the 69th, Davis of the 109th, Carter of the 175th, Coleman of the 97th, Kaiser of the 59th 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 118 JOURNAL OF THE SENATE Act," so as to delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the mandated assessment for postsecondary readiness to the end of the eleventh grade; 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: 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 477 Do Pass by substitute Respectfully submitted, Senator Goggans of the 7th 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 293 HB 297 HB 308 Do Pass Do Pass Do Pass Respectfully submitted, Senator Golden of the 8th 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 571 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman WEDNESDAY, JANUARY 25, 2012 119 The following legislation was read the second time: SB 307 SB 309 Senator Thompson of the 33rd 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. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Cowsert Crane Davenport Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Not answering were Senators: Carter, J. Fort (Excused) Thompson, S. (Excused) Chance Ramsey Tippins Mullis Murphy Orrock Paris Rogers Seay Shafer Sims Staton Stone Stoner Thompson, C Tolleson Unterman Wilkinson Williams Crosby Tate The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Chance Ramsey Tate The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Hill of the 4th introduced the chaplain of the day, Reverend John Waters of Statesboro, Georgia, who offered scripture reading and prayer. 120 JOURNAL OF THE SENATE Senator Cowsert of the 46th introduced the doctor of the day, Dr. Byron Thompson. Senator Grant of the 25th recognized the office of sheriff and recognized January 25, 2012, as Sheriff's Day at the capitol, commended by SR 678, adopted previously. Scott Berry, President of the Sheriff's Association, addressed the Senate briefly. Senator Jackson of the 2nd recognized Georgia's Certified Registered Nurse Anesthetist programs and declared January 22-28, 2012, as National Nurse Anesthetist Week at the state capitol, commended by SR 716, adopted previously. Senator Shafer of the 48th recognized Southwest Airlines on its expansion into Atlanta and Hartsfield-Jackson International Airport, commended by SR 695, adopted previously. Dave Ridley, Southwest Airlines Chief Marketing Officer, addressed the Senate briefly. The following resolutions were read and adopted: SR 717. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Nicole Pfleger of Nickajack Elementary School for being named the 2012 National School Counselor of the Year; and for other purposes. SR 718. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and commending the Savannah Christian Raiders on their Class A Championship; and for other purposes. SR 720. By Senators Albers of the 56th, Harbison of the 15th, Goggans of the 7th, Carter of the 1st, Davis of the 22nd and others: A RESOLUTION recognizing and commending the 4th Civil Support Team; and for other purposes. SR 721. By Senator Carter of the 1st: A RESOLUTION honoring the life and memory of May Lewis Poetter; and for other purposes. SR 723. By Senators Ramsey, Sr. of the 43rd, Henson of the 41st, Jones of the 10th, Butler of the 55th and Carter of the 42nd: A RESOLUTION honoring and celebrating the 100th birthday of Curtis Lucille Sanders; and for other purposes. WEDNESDAY, JANUARY 25, 2012 121 SR 724. By Senators Mullis of the 53rd, Bethel of the 54th, Loudermilk of the 52nd, Tolleson of the 20th, Staton of the 18th and others: A RESOLUTION recognizing the Boynton Bandits for winning the 2011 Dizzy Dean World Series Championship; and for other purposes. SR 725. By Senators Mullis of the 53rd, Bethel of the 54th, Loudermilk of the 52nd, Grant of the 25th, Harbison of the 15th and others: A RESOLUTION recognizing and commending the Norton Search Team, Inc.; and for other purposes. SR 726. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing and commending the Savannah Christian Preparatory School Raiders football team on their Class A Championship; and for other purposes. SR 729. By Senator Balfour of the 9th: A RESOLUTION declaring February 9, 2012, as State Restaurant Day at the state capitol and commending the food service industry of Georgia; and for other purposes. SR 731. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION recognizing and commending Ogeechee Technical College; and for other purposes. Senator Tolleson of the 20th 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 January 25, 2012 Eighth Legislative Day (The name listed is the Senator whose district is affected by the legislation.) HB 571 Paris of the 26th TOWN OF MCINTYRE A BILL to be entitled an Act to incorporate the Town of McIntyre, Georgia, and to grant a new charter to said town; to organize the 122 JOURNAL OF THE SENATE municipal government thereof; to prescribe the corporate limits; to regulate the sale or lease of town utilities, the grant of franchises, and the furnishing of certain practices; to provide for a mayor and aldermen and their function, authority, powers, duties, qualifications, and election; to provide the power of veto and the manner of overriding the same; to repeal an Act incorporating the Town of McIntyre, Georgia, and granting a new charter approved March 30, 1971 (Ga. L. 1971, p. 2370), as amended; to repeal certain other Acts affecting said town; 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 Albers N Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson 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 Rogers of the 21st moved that upon the dissolution of the Joint Session the Senate stand adjourned until 9:00 a.m. Thursday, January 26, 2012. WEDNESDAY, JANUARY 25, 2012 123 The President announced the motion prevailed at 11:00 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 President of the Senate. HR 1098 authorizing the Joint Session of the Senate and House was read by the Clerk of the House. Honorable Carol W. Hunstein, Chief Justice of the Supreme Court, addressed the Joint Session of the Senate and the House of Representatives as follows: 2012 STATE OF THE JUDICIARY ADDRESS THE HONORABLE CHIEF JUSTICE CAROL HUNSTEIN SUPREME COURT OF GEORGIA January 25, 2012, 11 a.m. House Chambers, State Capitol Lt. Governor Cagle, Speaker Ralston, President Pro Tem Williams, Speaker Pro Tem Jones, friends in the legislative and executive branches, my fellow judges, ladies and gentlemen: Thank you for the opportunity once again to present to this distinguished body the annual State of the Judiciary address. This yearly tradition underscores our commitment to work together as co-equal branches of government in our common mission of serving the citizens of this great state. Together we can achieve far more than we can alone. I am privileged to report to you today our accomplishments of the last year, the challenges we face, and our plans for the future. I am honored that joining me are my friends and colleagues on the Supreme Court of Georgia: Presiding Justice George Carley, Justices Robert Benham, Hugh Thompson, Harris Hines, Harold Melton and David Nahmias. I want to pay special tribute today to my dear friend, George Carley, now Presiding Justice but soon to be Chief Justice before he retires later this year after 32 distinguished years on the bench. We in the judiciary are going to miss this brilliant jurist and wonderful colleague. Also here are my friends and colleagues on the Georgia Court of Appeals including Chief Judge John Ellington, former Chief Judge Charles Mikell and the newly appointed Judge Michael Boggs. And we are honored to have in the gallery many judges from around the state. On behalf of all these judges and the judiciary, I want to sincerely thank you for the work that you do. We are deeply appreciative to you in the Legislature and to Governor Deal for your interest in, and ongoing support of, the judicial branch. Above the bench of the Supreme Court of Georgia is a Latin phrase etched in stone. It says: "Fiat Justicia, Ruat Caelum." 124 JOURNAL OF THE SENATE It means: "Let justice be done, though the heavens may fall." This pronouncement is the essence of an independent judiciary. It stands for the notion that above all else, the rule of law is the foundation of our nation, and regardless of anything else, we must protect it. That is our duty as judges. It is our job to uphold the law regardless of the outcome, regardless of public opinion, regardless of political favor. Our forefathers understood this principle through their embodiment in the United States Constitution of the three branches of government and the separation of their powers. "In order to form a more perfect union," our United States and state constitutions creatively check each branch's authority and balance its limitations by guaranteeing its independence while at the same time ensuring the interdependence of all three branches. You write the laws; the governor executes them; we interpret them. Simple but brilliant. In Georgia, at this time in our history, our three branches of government share a symbiotic relationship. Together as a whole, we can be stronger than our individual parts. Never has this relationship come to greater fruition than through our work this past year on criminal justice reform. Nearly a year ago, I joined Governor Deal, Speaker Ralston, Lt. Governor Cagle, Rep. Jay Neal and others in an unprecedented news conference where all three branches of government stood as one in our pledge to reform Georgia's criminal justice system. Through legislation introduced by Rep. Neal, the Special Council on Criminal Justice Reform embarked upon a detailed analysis of Georgia's sentencing and corrections system. Our primary goal was, and remains, the public safety of our citizens. We began this process united in our conviction that our state can no longer afford to spend more than $1 billion a year to maintain the nation's 4th highest incarceration rate and the nation's No. 1 highest rate of people under some kind of correctional restraint. We began united in our belief that warehousing non-violent offenders who are addicted to drugs or are mentally ill does nothing to improve the public safety. Indeed, in the long run, it threatens it. And we began united in our commitment to come up with alternatives to incarceration for nonviolent offenders that protect the public safety by addressing the roots of crime and reducing recidivism. Georgia has a rich history of being tough on crime. This state did not just settle for a "three strikes, you're out" law. In 1994, we became the first in the country to pass a "two strikes, you're out" law. As a government, we must continue in our zeal to protect our citizens from violent and repeat offenders. Murderers, rapists, armed robbers and other violent felons deserve stiff prison sentences. No one suggests otherwise. But if we truly want to be tough on crime, we must figure out how to reduce it. We now know that being tough on crime is not enough. We must also be smart about crime and criminal justice WEDNESDAY, JANUARY 25, 2012 125 policy. If we simply throw low-risk offenders into prison, rather than holding them accountable for their wrongdoing while addressing the source of their criminal behavior, they merely become hardened criminals who are more likely to reoffend when they are released. The bottom line is that all those mandatory minimum sentences and get-tough prison measures did little to reduce our three-year reconviction rate, which has held steady for the last decade at nearly 30 percent. Two months ago, the Special Council on Criminal Justice Reform published a report of its findings. The Council found that non-violent drug and property offenders represent 60 percent of all admissions to Georgia prisons. Between 1990 and 2010, their average time in prison tripled. In 2010, we who are judges sent thousands of low-risk drug and property offenders to prison --people who never before had been locked up. For those low-risk offenders, the taxpayers spent $49 a day to house them in prison, versus $16 a day for community treatment at a Day Reporting Center or $1.50 a day for probation supervision. The Special Council found that at least one in four who entered Georgia's prisons had mental health problems. In a special newspaper series this past fall, The Atlanta Journal-Constitution reported that Georgia's "jails have become the new asylums" with more mentally ill people locked behind bars than all those being treated in state psychiatric hospitals combined. As I speak to you today, up to a quarter of the thousands sitting in our county jails are mentally ill. That is costing our taxpayers millions of dollars, from which they get little return on their investment. The Special Council has looked to other states and their successes, notably Texas and South Carolina, in recommending a series of policy options that are now before you for your consideration. Texas, for instance, invested a sizable amount in diversion and treatment centers, even though it faced a shortfall in prison beds. As a result, that state estimates it has avoided the need for two billion dollars in new prison construction, and for the first time in its history, Texas is actually closing a prison. But most significantly, in 2010, Texas posted its lowest crime rate since 1973. Following the examples of Texas and other states, Georgia's Special Council recommends giving judges more sentencing options by creating a statewide system of accountability courts, which include drug courts, mental health courts, and veterans courts. Our veterans have been overseas sacrificing their lives and protecting our country. Many come back changed by traumatic brain injury, chemical dependency and mental health conditions that can lead to erratic behavior and possible involvement in the criminal justice system. These accountability courts have a proven track record of holding offenders accountable while reducing their likelihood of reoffending. A national report issued just last month by the U.S. Government Accountability Office found that re-arrest rates for drug court graduates were 26 percent lower than the rate of recidivism among comparison groups. The goal is to turn lawbreakers from tax burdens into tax-payers, and these courts have already proven their effectiveness in doing that. Yes, they may be more compartmentalized, but they are more efficient. Not only are they specialized, but they free up judges whose dockets have been clogged with drug crimes to deal with other important criminal and civil cases, including the very important business disputes. 126 JOURNAL OF THE SENATE The Council recommends other crime-fighting measures for your consideration. One involves offenders who are about to max out of prison, many of whom have spent the majority of their lives locked behind bars. Rather than push them out the prison gate with a bus ticket, a travel kit and $25 in cash, the Council recommends that six months before their discharge date, they be released to parole supervision to oversee their transition back into society. Minor traffic offenses also clog our Georgia courts. Many of our citizens don't realize that Georgia criminalizes minor traffic offenses, entitling the offender to a trial by jury if requested. Most states treat these minor traffic offenses as violations penalized by a fine. The Council recommends in its report creating a new class of violations for less serious traffic offenses so they are no longer treated as misdemeanor crimes. This recommendation specifically excludes DUIs and other serious traffic offenses. There are many more recommendations, and I urge you to read the entire report. I join Governor Deal in saying this is an important first step. But this is like steering a ship. Changing our course will take time. And it will not come without courage and controversy. As Woodrow Wilson said: "If you want to make enemies, try to change something." But, as Dr. Martin Luther King, Jr. said: "A genuine leader is not a searcher for consensus but a molder of consensus." There are many consensus builders in this room, and I am confident in your ability to bring about significant reforms. Governor Deal urged the Special Council to limit its focus to changes that affect the adult prison population. I agree. We must take this one step at a time. But today, I would like to plant a seed for your future consideration. In the last year, I have heard from many of our state's juvenile judges, who have the best interests of our young people and their families at heart. With state cuts in mental health services, child welfare services, group homes and alternatives for children who do not need to be behind bars, juvenile judges are too often faced with sending young people to locked facilities to get some kind of treatment, or sending them home to get nothing at all. So today I offer you a postscript: The same reforms we are recommending to you for adults must begin with children. Perhaps you have heard the parable about the group of people who were standing at a river bank when they watched an infant floating by and drowning in the river. One person promptly dove in and rescued the child. But then another baby came floating by. And then another, and another! Frantic, everyone jumped in to try to save the babies. But they noticed one person was walking away. Accusingly, they shouted, "Where are you going?" He answered: "I'm going upstream to stop whoever is throwing babies into the river." In Georgia, we are throwing children into youth prisons. They are technically known as Youth Development Campuses, but many YDC's look, feel and sound just like adult prisons. Some of our children are serious, violent, repeat offenders, and we must protect our citizens from them. But many are behind bars because juvenile judges have nowhere else to send them; because no one intervened before it was too late. WEDNESDAY, JANUARY 25, 2012 127 According to the Georgia Department of Juvenile Justice, during the last three years, nearly two thirds of the more than 10,000 youths locked behind bars have some kind of substance abuse problem; more than one third have been diagnosed with mental health conditions. As with adults, we have learned that our get-tough tactics have failed to scare juvenile offenders straight. A recent study by The Annie E. Casey Foundation found evidence that our reliance on incarceration for young people provides no benefit to public safety, does not reduce their future offending, wastes taxpayer dollars and perhaps worst of all, exposes children to high levels of violence and abuse. In other words, our youth prisons are a pipeline to adult prison. Consider this: Within three years of juveniles' release from youth prison, up to 72 percent are convicted of a new offense, depending on the state. Children who drop out of school, get involved in drugs, develop mental health problems, are unruly, disrespectful, and out of control without ever getting any kind of intervention are strong candidates for becoming adult criminals. We must face the reality that for many of these children, Georgia's youth prisons are mere incubators for adult crime. Tasha Hamilton was well on her way down that path to adult prison. Tasha was 8 years old when her mother abandoned the family, leaving her behind along with her baby sisters. Although their father worked, they had little money and at times they slept in a car. Tasha grew up angry and defiant. By 11 years old, she was smoking marijuana. By 12, she was hanging out with an older crowd and drinking. By 13, she was hooked on methamphetamine. Tasha bounced in and out of Georgia's YDCs and boot camps, spending 90 days here, another few months there, often for minor infractions. By the time she was 16, Tasha had been in trouble so many times that she was committed to the State. And this time, they sent her away for nearly a year. Tasha describes the YDC as a "miserable" place full of "miserable people wanting to do harm." Tasha says youth prison "doesn't bring out the good in anybody." In her own words, she says: "You take away a little bit bad with you. You come out knowing worse people than when you went in, and you build relationships with them." But something happened to Tasha that made all the difference. She had a probation officer, Jennifer King, who genuinely cared and refused to give up on her. Jennifer worked in the Douglas County Juvenile Court under Jenny McDade, Director of Juvenile Programs. Together, they made sure Tasha got the help she needed. Tasha got her G.E.D., she got drug treatment and ultimately she got a job. Without Jennifer, she says, it would have been easy for her to graduate into adult prison. She sadly wonders how many are in adult prison today who never had a Jennifer in their lives, someone who said to them when they were teenagers: "You can do it", when they had no hope that they could. With the help of the Douglas County Juvenile Court system, under the able leadership of Judge Peggy Walker, Tasha was accepted into West Central Technical College. Today, she works fulltime in insurance, taking care of her two daughters, as a tax payer, not a tax burden. Today, Tasha has that hope in her life she once lacked. And today, it's still important to Tasha that she continues to make her probation officer proud. 128 JOURNAL OF THE SENATE Ladies and Gentlemen, it is my honor to introduce to you Tasha Hamilton, Probation Officer Jennifer King, Jenny McDade and Judge Peggy Walker. Together, we can move this ship in a new direction. You have a challenge ahead, and I recognize you have difficult choices to make. I do not envy you. This year, as in the previous few years, you face what we hope is the end of a recession that has cost citizens their jobs, their homes, and their hope in the American dream. This year, as always, you are charged with parsing out limited state funds to many worthy causes. The judicial branch provides a core government function by protecting the public safety. We in the judiciary are grateful to you for understanding that we are bound by the Constitutions of our state and nation to uphold the rule of law and mete out justice in a fair and impartial way to all who come before us. As I have said before, our courts are the emergency rooms of society: We must respond to all who come to us. Yet in Georgia, our courts continue to struggle, putting justice in jeopardy. State budget cuts, exacerbated by county cuts, have resulted in court backlogs across Georgia. DeKalb County has four pending death penalty cases that it cannot move forward due to a lack of resources. In some counties, including DeKalb, domestic violence cases have been delayed at the very time Georgia inches closer to the top in the rate of domestic violence homicides. According to the most recent FBI data, Georgia has gone from having the 10th highest rate of domestic violence homicides to now having the 6th highest rate. One metro Atlanta judge told me he worries about what could happen if a young mother found a locked courthouse door on the day she needed a temporary restraining order to protect her family from an abuser. Civil trials in particular are being delayed in a number of jurisdictions. That is because our Constitution guarantees the right to a speedy trial in criminal cases. As a result, some judges have been forced to delay civil matters. We are all proud that Georgia was recently ranked the 4th most business-friendly state in the nation. We in the judiciary want to do everything we can to protect that ranking by guaranteeing that businesses can resolve their disputes in a timely fashion. In addition, divorce cases and dispossessory cases, in which people have been evicted from their homes, have been affected by court delays from Jackson County to Houston County. In one Northeast Georgia court, people are now waiting up to four months just to get a temporary hearing in a divorce, a situation that can grow volatile when children are involved. For a landlord, court delays can mean an additional 2-to-3 weeks before a non-paying tenant is evicted and replaced with a paying tenant. For creditors, it can mean an additional 3-to-4 weeks before any collection efforts can be started. As a superior court judge told me: "We are just one case away from a serious logjam if a major case is tried or defense attorneys start filing speedy trial demands." WEDNESDAY, JANUARY 25, 2012 129 Today, Georgia's entire judicial branch is funded with less than 1 percent of the state budget. Georgia's judiciary has never resisted sharing the burden of difficult economic times. The fact is we were lean before they struck. At the Supreme Court of Georgia, the state's highest court, until this year, we did not even have a paid employee to greet visitors or answer our phones in the main office. Our small staff of 51 is still fewer than we had a decade ago, yet our caseload, like that of other courts, has grown. Justice is not a privilege; it is a right. Criminal cases must be heard; civil disputes must be resolved. Courts are critical to public safety. But in recent years, the erosion of budgets in the face of growing caseloads has put us perilously close to being unable to fulfill our constitutional mandates. The good news is we have never idly sat by. I report to you today that even in the face of a mighty struggle, your court system remains sound, strong and stable. We are holding the line, doing more with less, and moving forward. Georgia's courts and our 1500 judges are problem solvers. It was a judge who first identified the need for a drug court back in 1994, when Bibb County created Georgia's first. Since then, the number of accountability courts has grown to 100. We are greatly appreciative to you for your support of these courts in the past. The need now is to expand them statewide, along with the necessary treatment facilities, staff and security required to make them effective. This year, we became one of the first states to move forward and create a new rule for the recusal of judges, following the United States Supreme Court's landmark ruling in the 2009 case, Caperton v. A.T. Massey Coal Company. Thanks to the leadership of Rep. Ed Lindsey and my colleague Justice Harold Melton, we have amended by order of the Supreme Court of Georgia the Code of Judicial Conduct to ensure that judges disqualify themselves in any proceeding in which their impartiality could be questioned. Georgia's rule has become a model rule and was recently adopted, with minor changes, by the American Bar Association. We also continue to make strides in our efforts to switch from paper to the electronic filing of court documents. At the state Supreme Court, we are now close to 100 percent participation among attorneys in electronically filing their motions, briefs and applications to appeal. Georgia's judiciary has a nationwide influence. Juvenile Judge Peggy Walker of Douglas County is now in line to become President of the National Council of Juvenile and Family Court Judges in 2014; Juvenile Judge Michael Key of Coweta County is the immediate past national president. This past summer, I was honored to co-host the annual conference of the nation's Supreme Court justices, as well as the nation's court administrators. Fully 75 percent of this country's chief justices came to Atlanta where Gov. Nathan Deal graciously welcomed them. The theme of the conference was "A World of Change: Courts and the Media in 2011." In Georgia, we are committed to making our courts as open and as accessible to the public as possible. As someone once said, "One of our greatest freedoms is the right to know what our government is doing." I believe that openness and accessibility are critical to winning our citizens' faith and confidence in their justice system. 130 JOURNAL OF THE SENATE Our open-door policy extends to you. All of us who are judges would be honored to have you visit our courts. Especially as you consider the options now before you for reforming this state's criminal justice system, a half-day visit to your local courthouse could help enlighten you about the types of cases our judges face each day. About the challenges before them. And about the need they have for sentencing options other than prison alone. Also, you might consider attending a drug court graduation. Thank you for standing with us as partners as we stand with you in moving Georgia into a new age. Thank you for your support of the judicial branch. And thank you for your service to this great state. God bless you. And God bless the state of Georgia. Senator Williams of the 19th moved that the Joint Session be hereby dissolved. The motion prevailed, and the President of the Senate announced the Joint Session dissolved. Pursuant to the provisions of a previously adopted motion, the Senate stood adjourned until 9:00 a.m. Thursday, January 26, 2012. THURSDAY, JANUARY 26, 2012 131 Senate Chamber, Atlanta, Georgia Thursday, January 26, 2012 Ninth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 351. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees in the probate courts, so as to change the portion of such fines paid to the Judges of the Probate Courts Retirement Fund of Georgia; to provide that a portion of certain fines collected in certain state courts shall be paid to such retirement fund; to repeal conflicting laws; and for other purposes. HB 690. By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3809), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 132 HB 694. HB 701. HB 702. HB 740. JOURNAL OF THE SENATE By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3701), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3801), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th: A BILL to be entitled an Act to amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th: A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. THURSDAY, JANUARY 26, 2012 133 1989, p. 3546), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4570), so as to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. The House adheres to its position in disagreeing to the Senate amendment to the House substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 223. By Senators Ligon, Jr. of the 3rd, Rogers of the 21st, Hill of the 32nd, Ginn of the 47th, Albers of the 56th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; 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, Martin of the 47th, and Allison of the 8th. The following Senate legislation was introduced, read the first time and referred to committee: SB 344. By Senators Albers of the 56th, Grant of the 25th, Ligon, Jr. of the 3rd and Mullis of the 53rd: 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 eliminate the 9-1-1 Advisory Committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. 134 JOURNAL OF THE SENATE SB 345. By Senators Albers of the 56th, Grant of the 25th, Ligon, Jr. of the 3rd and Mullis of the 53rd: A BILL to be entitled an Act to amend Titles 34, 38, 45, and 50 of the Official Code of Georgia Annotated, relating to labor and industrial relations, to the military, emergency management, and veterans affairs, to public officers and employees, and to state government, respectively, so as to eliminate the licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams, and individuals by the director of the Georgia Emergency Management Agency; to revise certain definitions; to define the term 'emergency management professional'; 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 346. By Senators Balfour of the 9th, Carter of the 1st and Henson of the 41st: A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 347. By Senators Thompson of the 5th, Henson of the 41st, Butler of the 55th, James of the 35th, Seay of the 34th and others: A BILL to be entitled an Act to amend Code Section 40-6-54 of the Official Code of Georgia Annotated, relating to specially designated travel lanes, so as to place a moratorium on the future designation of high occupancy toll lanes; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 348. By Senators Jones of the 10th, Carter of the 42nd, Chance of the 16th, Hooks of the 14th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. THURSDAY, JANUARY 26, 2012 135 SB 349. By Senators Stoner of the 6th, Harbison of the 15th, Jackson of the 2nd, Jones of the 10th, Sims of the 12th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide for an income tax credit for certain veterans; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SB 350. By Senators Balfour of the 9th, Sims of the 12th, Hamrick of the 30th and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery, so as to provide for the disposition of firearms used in burglaries or armed robberies; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, so as to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SR 738. By Senators Millar of the 40th, Stone of the 23rd, Ligon, Jr. of the 3rd and Albers of the 56th: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Education and Youth Committee. 136 JOURNAL OF THE SENATE SR 739. By Senators Jones of the 10th, Stoner of the 6th, Sims of the 12th, Paris of the 26th, Henson of the 41st and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide a fixed sum for funding the Georgia Ethics Commission; to provide that such funds shall not lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. The following House legislation was read the first time and referred to committee: HB 351. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees in the probate courts, so as to change the portion of such fines paid to the Judges of the Probate Courts Retirement Fund of Georgia; to provide that a portion of certain fines collected in certain state courts shall be paid to such retirement fund; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 690. By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3809), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 694. By Representatives Smith of the 70th and Horne of the 71st: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3701), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3801), so as to change the description of the education districts; to THURSDAY, JANUARY 26, 2012 137 provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 701. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 702. By Representatives Nix of the 69th, Smith of the 129th and Epps of the 128th: A BILL to be entitled an Act to amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 740. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th: A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4570), so as to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for submission of this Act for approval under the 138 JOURNAL OF THE SENATE federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee 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 300 SB 305 Do Pass by substitute Do Pass Respectfully submitted, Senator Bulloch of the 11th 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 301 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman The following Senators were excused for business outside the Senate Chamber: Thompson of the 33rd Tolleson of the 20th Senator Albers of the 56th asked unanimous consent that Senator Carter of the 1st be excused. The consent was granted, and Senator Carter was excused. Senator Staton of the 18th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused. Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. THURSDAY, JANUARY 26, 2012 139 Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. 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. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, J Cowsert Crane Crosby Davenport Davis Ginn Goggans Gooch Grant Hamrick Harbison Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L Jeffares Ligon Loudermilk McKoon Millar Miller Mullis Murphy Paris Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Carter, B. (Excused) Golden (Excused) Jones Thompson, S. (Excused) Chance (Excused) Heath Orrock (Excused) Tolleson (Excused) Fort (Excused) James Ramsey The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Carter of the 1st Heath James The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Jackson of the 2nd introduced the chaplain of the day, Reverend George P. Lee of Savannah, Georgia, who offered scripture reading and prayer. 140 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 732. By Senators Miller of the 49th, Gooch of the 51st, Murphy of the 27th and Ginn of the 47th: A RESOLUTION recognizing and commending Walter and Winkie Boomershine; and for other purposes. SR 733. By Senators Miller of the 49th, Gooch of the 51st, Wilkinson of the 50th and Ginn of the 47th: A RESOLUTION recognizing and commending Marion Merck; and for other purposes. SR 734. By Senators Miller of the 49th, Gooch of the 51st, Wilkinson of the 50th and Ginn of the 47th: A RESOLUTION honoring the life and memory of Johnnie Wiley; and for other purposes. SR 735. By Senators Miller of the 49th, Gooch of the 51st, Wilkinson of the 50th and Ginn of the 47th: A RESOLUTION recognizing and commending The Lanier Land Boys; and for other purposes. SR 736. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Emilie Marie-Louise Long on the occasion of gaining her U.S. citizenship; and for other purposes. SR 737. By Senators Ginn of the 47th and Cowsert of the 46th: A RESOLUTION recognizing and commending A.A. "Andy" Garrison, Jr.; and for other purposes. SR 740. By Senators Hooks of the 14th and Staton of the 18th: A RESOLUTION commending the Georgia Peach Festival and the 2011 Georgia Peach Queens; and for other purposes. SR 741. By Senators Tippins of the 37th, Hill of the 32nd, Stoner of the 6th and Rogers of the 21st: A RESOLUTION commending Dr. Emily Lembeck; and for other purposes. THURSDAY, JANUARY 26, 2012 141 SR 742. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Sergeant First Class Belinda J. Nelson on the occasion of her retirement; and for other purposes. SR 743. By Senators Harbison of the 15th and McKoon of the 29th: A RESOLUTION recognizing and commending Chaplain Major Jeff Struecker; and for other purposes. SR 744. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Scotty Howell; and for other purposes. SR 745. By Senator Albers of the 56th: A RESOLUTION honoring the life and memory of former Roswell Fire Department Chief Aubrey Eugene Reeves; and for other purposes. SR 746. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Chaz Gunning; and for other purposes. SR 747. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Michael Farris; and for other purposes. SR 748. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Adam Kania; and for other purposes. Senator Jackson of the 2nd recognized the Savannah Christian Preparatory School Raiders football team on their Class A Championship, commended by SR 726, adopted previously. Senator Carter of the 1st recognized the Savannah Christian Raiders on their Class A Championship, commended by SR 718, adopted previously. Ashley Barnwell and Coach Donald Chumley addressed the Senate briefly. 142 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 223. By Senators Ligon, Jr. of the 3rd, Rogers of the 21st, Hill of the 32nd, Ginn of the 47th, Albers of the 56th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Ligon, Jr. of the 3rd asked unanimous consent that the Senate dissolve Conference Committee #1 to SB 223 and that a 2nd Conference Committee be appointed. The consent was granted, and the President appointed as Conference Committee #2 the following Senators: Ligon, Jr. of the 3rd, Hill of the 32nd and Loudermilk of the 52nd. The following bill was taken up to consider House action thereto: HB 129. By Representatives McKillip of the 115th, Lindsey of the 54th, Hatfield of the 177th, Evans of the 40th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; 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 Judiciary Committee substitute to HB 129 (LC 29 4837ERS) by replacing lines 1 through 5 with the following: To amend Article 5 of Chapter 8 of Title 16 and Title 44 of the Official Code of Georgia Annotated, relating to residential mortgage fraud and property, respectively, so as revise the definition of "mortgage lending process"; to change provisions relating to the offense of mortgage fraud; to provide for investigative and subpoena powers of district attorneys THURSDAY, JANUARY 26, 2012 143 and the Attorney General relative to residential mortgage fraud; to allow for subdivision of historic property; to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a vacant real property registry; to provide for definitions; to provide for required elements of a form for such registration; to provide for exemptions from registration; to provide for maximum fees and penalties for registration and failure to register; to provide for appellate rights; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By redesignating Sections 2 through 4 as Sections 4 through 6, respectively, and by inserting between lines 7 and 8 the following: Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, is amended by revising paragraph (1) of Code Section 16-8101, relating to definitions, as follows: "(1) 'Mortgage lending process' means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Such term shall also include the execution of deeds under power of sale that are required to be recorded pursuant to Code Section 44-14-160 and the execution of assignments that are required to be recorded pursuant to subsection (b) of Code Section 44-14-162. Documents involved in the mortgage lending process include, but are shall not be limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures." SECTION 2. Said article is further amended by revising the undesignated paragraph at the end of Code Section 16-8-102, relating to the offense of residential mortgage fraud, as follows: "An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener's errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents." SECTION 3. Said article is further amended by revising Code Section 16-8-104, relating to the authority to investigate and prosecute for residential mortgage fraud, as follows: "16-8-104. (a) 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 144 JOURNAL OF THE SENATE 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. (b) In any investigation of a violation of this article, the Attorney General or any district attorney shall be authorized to issue a subpoena to compel the production of any books, papers, documents, or other tangible things, including records and documents contained within, or generated by, a computer or other electronic device. (c) Upon the failure of a person without lawful excuse to obey a subpoena, the Attorney General or district attorney may apply to a superior court having jurisdiction for an order compelling compliance. Such person may move to modify or quash the subpoena on any legal or constitutional basis. The court may issue an order modifying or quashing such subpoena or directing compliance with the original subpoena. Failure to obey a subpoena issued pursuant to this Code section may be punished by the court as contempt of court." By deleting lines 8 through 17. By replacing line 19 as follows: Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding two new Code sections to read as follows: By deleting the quotation mark at the end of line 51 and inserting between lines 51 and 52 the following: 44-14-15. (a) For purposes of this Code section, the term: (1) 'Agent' means an individual with a place of business in this state at which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant real property owner. (2) 'Department' means the Department of Community Affairs. (3) 'Street address' means the street or route address. Such term shall not mean or include a post office box. (4) 'Vacant real property' means real property that has a building, structure, or wastewater collection system on it that: (A) Is intended for habitation, has not been lawfully inhabited for at least 60 days, has no evidence of utility usage, and is not actively being marketed for sale, lease, or rent with prominent signage posted on such property bearing the name and valid phone number of the vacant real property owner or the individual licensed pursuant to Chapter 40 of Title 43 representing the vacant real property owner; (B) Is partially constructed or incomplete, without a valid building permit and work pursuant to a valid building permit has not occurred for at least 60 days; or THURSDAY, JANUARY 26, 2012 145 (C) Is held pursuant to a judicial or nonjudicial foreclosure of a mortgage, deed of trust, security deed, deed to secure debt, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor. Such term shall not include a building or structure containing multiple units with common ownership that has at least one unit occupied with evidence of utility usage. A county or municipal corporation may define such term as using all of this definition or any combination of the entirety of subparagraph (A), (B), or (C) of this paragraph. (b) Effective July 1, 2011: (1) A county or municipal corporation may establish by ordinance or resolution for the requirement of registration of vacant real property as provided in this Code section; (2) No county or municipal corporation shall require registration of real property on any basis other than as set forth in this Code section or as may be authorized by general law, and all existing county or municipal ordinances or resolutions to the contrary shall hereby be preempted; provided, however, that county or municipal ordinances or resolutions that require registration for repeated code or ordinance violations that remain uncorrected for at least 60 days shall not be preempted; and (3) No county or municipal corporation shall require for purposes of a vacant real property registry established pursuant to this Code section any information or documentation other than as set forth in this Code section. (c) Each registrant shall be required to file with a specifically identified office or officer a registration form, in paper or electronic format, as required by the county or municipal corporation, requiring submission of only the following information: (1) The vacant real property owner's name, street address, mailing address, phone number, fax number, and e-mail address; (2) The agent's name, street address, mailing address, phone number, fax number, and e-mail address; (3) The vacant real property's street address and tax parcel number; (4) The transfer date of the instrument conveying the vacant real property to the owner; and (5) At such time as it becomes available, recording information, including deed book and page numbers, of the instrument conveying the vacant real property to the owner. (d) The department may promulgate a standard vacant real property registry form that requires only the information set forth in subsection (c) of this Code section, in paper and electronic format. If such form is promulgated by the department, all counties and municipal corporations with a vacant real property registry shall use such form. (e)(1) When any vacant real property is acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure and: (A) The deed under power of sale or deed in lieu of foreclosure contains the information specified in paragraphs (1) through (5) of subsection (c) of this Code section; 146 JOURNAL OF THE SENATE (B) The deed is filed with the clerk of superior court within 60 days of the transfer; and (C) Proof of the following is provided to the office or officer in charge of the county or municipal vacant real property registry: (i) A filing date stamp or a receipt showing payment of the applicable filing fees; and (ii) The entire deed under power of sale or entire deed in lieu of foreclosure, a county or municipal corporation shall not require the transferee to register such vacant real property pursuant to this Code section or the payment of any administrative fees pursuant to subsection (h) of this Code section. (2) The provisions of paragraph (1) of this subsection shall also apply to the transferee and the deed for the first subsequent transfer of vacant real property after the vacant real property has been acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure. (3) No county or municipal corporation may require registration of vacant real property pursuant to this Code section within 60 days of such vacant real property's transfer: (A) Pursuant to a deed under power of sale or deed in lieu of foreclosure; or (B) To the first subsequent transferee after the vacant real property has been acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure. (f) An ordinance or resolution establishing a registry pursuant to this Code section may require a vacant real property owner to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section within 30 days after any change in such required information. (g) A vacant real property owner, or the agent of such owner, may apply to remove such vacant real property from the registry at such time as the real property no longer constitutes vacant real property. The county or municipal corporation shall grant or deny such application within 30 days, and if no such determination is made within 30 days, the application shall be deemed granted. (h) An ordinance or resolution establishing a vacant real property registry may require the payment of administrative fees for registration which shall reasonably approximate the cost to the county or municipal corporation of the establishment, maintenance, operation, and administration of the registry. Such fees shall not exceed $100.00 per registration. (i) An ordinance or resolution establishing a vacant real property registry may require penalties for failure to register or failure to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section, provided that such penalties shall not exceed $500.00 per month. (j) A county or municipal ordinance or resolution requiring the registration of vacant real property shall provide for administrative procedures. The administrative procedures shall include the right to appeal to the municipal or recorder's court in the THURSDAY, JANUARY 26, 2012 147 city where the vacant real property is located or to the magistrate or recorder's court of the county in which the vacant real property is located, subject to applicable jurisdictional requirements. Any vacant real property owner affected by a county or municipal ordinance or resolution requiring vacant real property registration may challenge any determination made pursuant to such ordinance or resolution. (k) An ordinance or resolution adopted by the governing authority of a county to establish a registry pursuant to this Code section may, subject to and in accordance with the requirements of this Code section, require registration of vacant real property within the entire territory of the county, except territory located within the boundaries of any municipal corporation, unless otherwise allowed by intergovernmental agreement between the county and municipal corporation. (l) Nothing in this Code section shall be construed to prohibit a county or municipal ordinance or resolution requiring the registration of vacant real property from providing for exemptions from such registration. (m) Nothing in this Code section shall be construed to impair, limit, or preempt in any way the power of a county or municipal corporation to enforce any applicable codes, as defined in Code Section 42-2-8, or to define or declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. (n) Notwithstanding Code Section 36-74-30, an ordinance or resolution establishing a vacant real property registry may require the registration of residential rental property if such property is vacant real property." By replacing lines 53 and 54 with the following: This section, Sections 1 through 3, Section 6, and Code Section 44-14-14 of Section 4 of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Code Section 44-14-15 of Section 4 of this Act shall become effective on July 1, 2011. Senator Stone of the 23rd asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HB 129. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HB 129. Serving as the doctor of the day was Dr. Kathy Allan. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1140 until 10:00 a.m. Monday, January 30, 2012; the motion prevailed, and at 9:34 a.m. the President announced the Senate adjourned. 148 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, January 30, 2012 Tenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 709. By Representatives Stephens of the 164th and Tankersley of the 158th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, specifically by an Act approved September 15, 2001 (Ga. L. 2001 Ex. Sess., p. 290), so as to reconstitute the board of education; to change the description of the education districts; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 723. 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 to change the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3645), so as to change manner of MONDAY, JANUARY 30, 2012 149 election of members of the board of education; to provide for vacancies; to provide for legislative intent; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 299. By Senators Davis of the 22nd, James of the 35th, Hamrick of the 30th, Carter of the 42nd and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to define certain terms; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer where the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 351. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 352. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in probate courts, municipal courts, and courts exercising municipal court jurisdiction; to provide for the process of such employment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 150 JOURNAL OF THE SENATE SB 353. By Senators Jones of the 10th, Jackson of the 2nd, Davenport of the 44th and Stoner of the 6th: A BILL to be entitled an Act to amend Code Section 9-11-55 of the Official Code of Georgia Annotated, relating to default judgment, so as to require the plaintiff to provide notice of default to the defaulting party prior to obtaining a default judgment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 354. By Senator Williams of the 19th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 355. By Senators Unterman of the 45th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as expand mandatory reporting requirements; to provide for procedure; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. The following House legislation was read the first time and referred to committee: HB 709. By Representatives Stephens of the 164th and Tankersley of the 158th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, MONDAY, JANUARY 30, 2012 151 1978 (Ga. L. 1978, p. 3774), as amended, specifically by an Act approved September 15, 2001 (Ga. L. 2001 Ex. Sess., p. 290), so as to reconstitute the board of education; to change the description of the education districts; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 723. 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 to change the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3645), so as to change manner of election of members of the board of education; to provide for vacancies; to provide for legislative intent; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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: SB 302 Do Pass Respectfully submitted, Senator Hill of the 4th District, Chairman 152 JOURNAL OF THE SENATE 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 39 HB 173 HB 181 SB 87 Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute HB 130 HB 175 SB 49 SB 227 Do Pass Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Millar of the 40th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 306 SB 317 SB 318 Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: SB 300 SB 301 SB 305 The Honorable U.S. Congressman Phil Gingrey addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Jackson of the 2nd Senator James of the 35th asked unanimous consent that Senator Thompson of the 5th 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. MONDAY, JANUARY 30, 2012 153 Senator Goggans of the 7th asked unanimous consent that Senator Ginn of the 47th be excused. The consent was granted, and Senator Ginn was excused. Senator Goggans of the 7th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. Senator Bethel of the 54th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused. Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. The roll was called and the following Senators answered to their names: Albers Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Goggans Gooch Grant Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Ligon Loudermilk McKoon Millar Miller Mullis Murphy Paris Rogers Seay Sims Staton Stone Stoner Tate Thompson, S Tippins Tolleson Unterman Wilkinson Not answering were Senators: Balfour (Excused) Golden (Excused) Jones Shafer (Excused) Fort Hamrick (Excused) Orrock (Excused) Thompson, C. (Excused) Ginn (Excused) Jackson, L. (Excused) Ramsey Williams Senator Hill of the 32nd introduced the doctor of the day, Dr. Benjamin R. Holton. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. 154 JOURNAL OF THE SENATE Senator Henson of the 41st introduced the chaplain of the day, Pastor Kenneth Lee Samuel of Stone Mountain, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 749. By Senators Staton of the 18th and Paris of the 26th: A RESOLUTION recognizing September, 2012, as Childhood Cancer Awareness Month; and for other purposes. SR 750. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending David and Gail Tumlin on the occasion of their 45th wedding anniversary; and for other purposes. SR 751. By Senator Chance of the 16th: A RESOLUTION honoring the life and memory of Fredrick Howard Hines; and for other purposes. SR 752. By Senators Orrock of the 36th, Carter of the 42nd, Butler of the 55th and James of the 35th: A RESOLUTION honoring the life and memory of Pamela L. Tremayne; and for other purposes. SR 753. By Senator Unterman of the 45th: A RESOLUTION declaring Wednesday, February 15, 2012, as Lupus Awareness Day at the state capitol; and for other purposes. SR 754. By Senators Gooch of the 51st and Miller of the 49th: A RESOLUTION honoring North Georgia College and State University and its President Dr. Bonita C. Jacobs and recognizing February 16, 2012, as North Georgia College and State University Day at the state capitol; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday January 30, 2012 Tenth Legislative Day MONDAY, JANUARY 30, 2012 155 (The names listed are the Senators whose districts are affected by the legislation.) SB 306 Golden of the 8th Bulloch of the 11th THOMAS COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3898), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. SB 317 Grant of the 25th BALDWIN COUNTY A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 318 Grant of the 25th BALDWIN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. 156 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 Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort E Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following 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 804. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Clarke County for the purpose of ascertaining MONDAY, JANUARY 30, 2012 157 whether the General Assembly should enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education; to provide for procedures and requirements relating thereto; to provide for a referendum and effective dates; to repeal conflicting laws; and for other purposes. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR MONDAY, JANUARY 30, 2012 TENTH LEGISLATIVE DAY SB 117 Levy/Sale of Property; increase the amount of certain exemptions (Substitute) (JUDY-23rd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 117. By Senators Stone of the 23rd, Davis of the 22nd, Ligon, Jr. of the 3rd, Seabaugh of the 28th, Carter of the 42nd and others: 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 of property, so as to increase the amount of certain exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 117: A BILL TO BE ENTITLED IN ACT To amend Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale of property, so as to change the amount of certain exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 158 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 13 of Title 44 of the Official Code of Georgia Annotated, relating to exemptions from levy and sale of property, is amended by revising Code Section 44-13-1, relating to amount of exemption from levy and sale, as follows: "44-13-1. Except as otherwise provided in this article, there shall be exempt from levy and sale by virtue of any process whatever under the laws of this state any real or personal property or both of a debtor in the amount of $5,000.00 or $21,500.00 for real or personal property that is the debtor's primary residence. No court or ministerial officer in this state shall ever have jurisdiction or authority to enforce any judgment, execution, or decree against property set apart under this Code section, including such improvements as may be made thereon from time to time, except for taxes, for the purchase money of the property, for labor done on the property, for material furnished for the property, or for the removal of encumbrances on the property." SECTION 2. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 44-13-100, relating to exemptions for purposes of bankruptcy and intestate insolvent estates, as follows: "(1) The debtor's aggregate interest, not to exceed $10,000.00 $21,500.00 in value, in real property or personal property that the debtor or a dependent of the debtor uses as a residence, in a cooperative that owns property that the debtor or a dependent of the debtor uses as a residence, or in a burial plot for the debtor or a dependent of the debtor. In the event title to property used for the exemption provided under this paragraph is in one of two spouses who is a debtor, the amount of the exemption hereunder shall be $20,000.00 $43,000.00;" 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: MONDAY, JANUARY 30, 2012 159 Y Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort E Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 117, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 804. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Clarke County for the purpose of ascertaining whether the General Assembly should enact local legislation to change county commission election districts from the current eight member districts and two semi-at-large districts to a new election district plan with nine equally sized districts that match the districts of the Clarke County Board of Education; 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. 160 JOURNAL OF THE SENATE The following bill was taken up to consider the Conference Committee Report thereto: SB 223. By Senators Ligon, Jr. of the 3rd, Rogers of the 21st, Hill of the 32nd, Ginn of the 47th, Albers of the 56th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; 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 223 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 223 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Ligon, Jr. of the 3rd /s/ Senator Hill of the 32nd /s/ Senator Loudermilk of the 52nd FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Horne of the 71st /s/ Representative Martin of the 47th /s/ Representative Allison of the 8th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 223 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, JANUARY 30, 2012 161 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 their responsiveness to the needs of the citizens of this state. 50-4-21. (a) There is created as a joint committee of the General Assembly the Legislative Sunset Advisory Committee to be composed of seven members of the House of Representatives appointed by the Speaker of the House and seven members of the Senate appointed by the President of the Senate. One of the appointees appointed by the Speaker of the House shall be a Governor's floor leader in the House of Representatives and one of the members appointed by the President of the Senate shall be a Governor's floor leader in the Senate. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. A cochairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and a cochairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. The cochairpersons shall each be authorized to appoint no more than two ex officio members of the committee. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the agency sunset provisions required by this article. (b) The Senate and the House of Representatives, in cooperation with the office of the Governor, may each employ staff to work for the cochairpersons of the committee on matters related to committee activities. (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 or office shall assist the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state 162 JOURNAL OF THE SENATE agency that are subject to public disclosure. All information subject to public disclosure shall be made available for review and copying within three business days. 50-4-22. (a)(1) The Legislative Sunset Advisory 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 state agencies. It shall be the responsibility of the Legislative Sunset Advisory Committee to schedule agency reviews. The Legislative Sunset Advisory Committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (2) This article shall not apply to any state entity to which state funds are not appropriated in an appropriations Act. (b) Except as provided by this Code section, an agency subject to review by the Legislative Sunset Advisory Committee shall be automatically abolished on the oneyear anniversary of the committee's decision recommending that such agency be abolished; provided, however, that no agency shall be abolished unless or until the General Assembly finds by adoption of a joint resolution that the state laws that 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, real property, debts, and obligations, including those relating to bonds, loans, promissory notes, leasepurchase 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) If the General Assembly does not take action to continue an agency before the date of its abolishment, the agency shall submit its legislative budget request consistent with the recommendations of the review of the Legislative Sunset Advisory Committee or any law transferring the agency's functions to other entities. (d) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (a) of this Code section. The committee shall review the constitutionally established agency in the same manner and shall report to the General Assembly any recommended constitutional amendments needed for the reorganizing or abolishing of such constitutionally created agency. (e) Any board, commission, advisory council, or similar body included in the term 'agency' as defined in Code Section 50-4-1 that 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. The committee shall give public notice of any proposed legislation not later than the first day of December of the year preceding its introduction. MONDAY, JANUARY 30, 2012 163 (f) Except as otherwise expressly provided by law, abolition 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 abolition. 50-4-23. (a) Not later than six months prior to the date on which a state agency is scheduled to be reviewed, the agency shall provide the Legislative Sunset Advisory 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 appropriated to and 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 or activity is 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 eliminated, reorganized, privatized, or 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 that would reduce costs or improve performance while adequately protecting the public interest; (11) An assessment of the agency and its programs to determine whether the agency or its programs should be eliminated, reorganized, privatized, or consolidated; (12) A detailed summary of the agency's hiring and retention patterns for the previous five years; (13) 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 164 JOURNAL OF THE SENATE decisions; (14) A list of all advisory committees and boards of the agency, 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; (15) A list of agency programs or functions that are performed without specific statutory authority; (16) Copies of any program audits, performance audits, and any other reports provided by the state auditor; (17) A list and summary of all litigation in which the agency is engaged and the status of such cases, including assessments of any financial liability to which they expose the state; and (18) 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) Not later than six months following receipt of the agency's report required by Code Section 50-4-23, the Legislative Sunset Advisory Committee shall complete its review of the agency. When conducting its agency review the committee shall: (1) Review the information submitted by the agency; (2) Consult with or hear testimony from any individual, agency, private company, or other expert as needed; (3) Hold public hearings to consider this information as well as testimony that the committee deems necessary; and (4) Present to the President of the Senate, the Speaker of the House of Representatives, and the Governor a report on the agencies scheduled to be reviewed that year by the committee. In the report, the committee shall include its specific findings and recommendations regarding each agency review and indicate whether a public need exists for the continuation of a state agency or for the functions of the 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; MONDAY, JANUARY 30, 2012 165 (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 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 extent to which the agency is reasonably deemed to be a core or essential function of state government under the provisions of the Constitution of Georgia; (11) The effect of probable federal intervention or loss of federal funds if the agency or an agency function is abolished; and (12) 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 on an agency, 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 shall also make recommendations on the elimination, privatization, 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." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Ligon, Jr. of the 3rd moved that the Senate adopt the Conference Committee Report (LC 34 3254S) on SB 223. On the motion, a roll call was taken, and the vote was as follows: Y Albers E Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer Y Sims 166 JOURNAL OF THE SENATE N Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort E Ginn Y Goggans Y Golden Y Gooch Y Grant N Jackson, B E Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Staton Y Stone Y Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 37, nays 12; the motion prevailed, and the Senate adopted the Conference Committee Report (LC 34 3254S) on SB 223. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, January 31, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:42 a.m. TUESDAY, JANUARY 31, 2012 167 Senate Chamber, Atlanta, Georgia Tuesday, January 31, 2012 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 communication was received by the Secretary: Senator Emanuel Jones District 10 420 State Capitol Atlanta, GA 30334 Committees: Interstate Cooperation Retirement Special Judiciary Veterans, Military and Homeland Security The State Senate Atlanta, Georgia 30334 January 31, 2012 The Honorable Bob Ewing Secretary of the Senate State Capitol Atlanta, Georgia 30334 Mr. Secretary: I missed roll call on Monday, January 30, 2012, due to attending to constituent business elsewhere in the Capitol. I respectfully request that this be duly noted in the journals. Thank you. Sincerely, /s/ Emanuel Jones 168 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 726. By Representatives James of the 135th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4042), so as to change the description of the districts from which members of such board are elected; to define certain terms and provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 727. By Representatives James of the 135th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the Board of Education of Peach County," approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4049), so as to change the description of the districts from which members of such board are elected; to define certain terms and to provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 356. By Senators Murphy of the 27th, Cowsert of the 46th, Hamrick of the 30th, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Bell-Forsyth Judicial Circuit; to provide TUESDAY, JANUARY 31, 2012 169 for the initial appointment of such judge by the Governor; to provide for the election and term of office of such judge; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 357. By Senators Wilkinson of the 50th, Bulloch of the 11th, Heath of the 31st, Miller of the 49th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. SB 358. By Senators Bulloch of the 11th, Rogers of the 21st, Williams of the 19th, Hill of the 4th, Golden of the 8th and others: A BILL to be entitled an Act to amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of-state local governments for vendors within their own states when giving preference to resident vendors of this state; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 359. By Senators Tate of the 38th, Fort of the 39th, Orrock of the 36th and James of the 35th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 170 JOURNAL OF THE SENATE SB 360. By Senators Wilkinson of the 50th, Williams of the 19th, Tolleson of the 20th and Jeffares of the 17th: A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to game and fish, so as to include certain tilapia species as domestic fish; to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods of taking fish generally, so as to prohibit the use or sale of tilapia as live bait; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 361. By Senators Miller of the 49th, Unterman of the 45th, Hooks of the 14th, Goggans of the 7th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and businesses, respectively, so as to expand provisions relating to the accreditation of health care facilities to recognize the inclusion of additional nationally recognized health care accreditation bodies; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 362. By Senators Williams of the 19th and Bulloch of the 11th: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide for investigation, survey, and sales of certain sunken logs to which the state holds title; to provide for administration of such a program; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 363. By Senators Bulloch of the 11th and Golden of the 8th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved April 25, 2002 (Ga. TUESDAY, JANUARY 31, 2012 171 L. 2002, p. 4203), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following House legislation was read the first time and referred to committee: HB 726. By Representatives James of the 135th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4042), so as to change the description of the districts from which members of such board are elected; to define certain terms and provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 727. By Representatives James of the 135th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the Board of Education of Peach County," approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4049), so as to change the description of the districts from which members of such board are elected; to define certain terms and to provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 172 JOURNAL OF THE SENATE 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: HB 683 Do Pass SB 225 Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th 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 319 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman The following legislation was read the second time: SB 302 Senator Davis of the 22nd asked unanimous consent that Senator Carter of the 42nd be excused. The consent was granted, and Senator Carter was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Chance Cowsert Crane Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L Orrock Paris Ramsey Rogers Seay Shafer Sims Staton Stone TUESDAY, JANUARY 31, 2012 173 Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Grant James Jeffares Ligon Loudermilk McKoon Millar Miller Mullis Murphy Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Carter, J. (Excused) Jones Senator Jones 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 of the United States of America and to the flag of Georgia. Senator Ramsey, Sr. of the 43rd introduced the chaplain of the day, Pastor George Levett of Conyers, Georgia, who offered scripture reading and prayer. Senator Hill of the 32nd introduced the doctor of the day, Dr. Maureen Olson. The following resolutions were read and adopted: SR 755. By Senators Chance of the 16th, Carter of the 1st, Tippins of the 37th, Rogers of the 21st, Unterman of the 45th and others: A RESOLUTION commending Georgia State University and recognizing February 2, 2012, as Georgia State University Day at the state capitol; and for other purposes. SR 756. By Senators Heath of the 31st, Rogers of the 21st, Williams of the 19th, Cowsert of the 46th, Chance of the 16th and others: A RESOLUTION honoring and celebrating the 100th birthday of Clifford Camp Eaves; and for other purposes. Senator Mullis of the 53rd recognized the Boynton Bandits for winning the Dizzy Dean World Series Championship, commended by SR 724, adopted previously. Keith Greene, Commissioner of Catoosa County, addressed the Senate briefly. 174 JOURNAL OF THE SENATE Senator Mullis of the 53rd recognized the Norton Search Team, Inc., commended by SR 725, adopted previously. Bob Edwards addressed the Senate briefly. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR TUESDAY, JANUARY 31, 2012 ELEVENTH LEGISLATIVE DAY SB 136 Property; provide for transfer of control of a condominium association in certain circumstances (Substitute) (JUDY-30th) SB 300 Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup (Substitute) (AG&CA-11th) SB 301 Hunting; authorize the use of silencers on hunting firearms under certain circumstances (Substitute) (NR&E-11th) SB 307 Game and Fish; create a one-day salt-water shore fishing license (NR&E-3rd) SB 309 Taylor's Law; authorize issuance of special hunting privileges to persons with a terminal illness (Substitute) (NR&E-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 136. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as to provide for transfer of control of a condominium association in certain circumstances; to set out public policy concerning the standing of condominium associations to file suit; to provide for priority of certain liens against condominium property and against property subject to a property owners' association; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 136: TUESDAY, JANUARY 31, 2012 175 A BILL TO BE ENTITLED AN ACT To amend Code Section 44-3-101 of the Official Code of Georgia Annotated, relating to control of the condominium association by the declarant, so as to provide for transfer of control of a condominium association in 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 44-3-101 at the Official Code of Georgia Annotated, relating to control of the condominium association by the declarant, is amended by inserting a new subsection (c) and redesignating former subsection (c) as follows: "(c) Notwithstanding and prior to the usual expiration of the period of the declarant's right to control the association pursuant to subsection (a) of this Code section, the right to control also may pass to the unit owners as provided in this subsection if the declarant fails to do any of the following: (1) incorporate the association pursuant to subsection (a) of Code Section 44-3-100; (2) cause the board of directors to be duly appointed and the officers to be elected pursuant to subsection (b) of Code section 44-3100; (3) maintain and make available to owners, upon written request, a list of the names and business or home addresses of the association's current directors and officers; (4) call meetings of the members of the association in accordance with the provisions of the association's bylaws at least annually pursuant to Code Section 44-3102; or (5) prepare an annual operating budget and establish the annual assessment and distribute the budget and notice of assessment to the owners in accordance with the condominium instruments no later than 30 days after the beginning of the association's fiscal year. In the event that the declarant fails to meet one or more of the obligations of this subsection, then any owner, acting individually or jointly with other owners, may send the declarant written notice of the failure to comply with such requirements and provide the declarant a 30 day opportunity to cure the failure; and such notice shall be sent by certified mail or statutory overnight delivery to the declarant's principal office. If the declarant fails to cure any or all deficiencies identified in the notice within 30 days of such notice, then any owner, acting individually or jointly with other owners, may file a petition in the superior court of the county in which any portion of the condominium is located in order to obtain an order to grant the owners control of the association. The superior court shall have authority to hold a hearing and issue a summary ruling on said petition at any time designated by the court not earlier than 20 days after the service thereof, unless the parties consent in writing to an earlier trial. If the owners prevail in such action, then the superior court shall award to the owners all reasonable attorney's fees and costs incurred by the owners for the prosecution of such action. (d) In addition to any right of termination set forth therein, any management contract, 176 JOURNAL OF THE SENATE any lease of recreational area or facilities, or any other contract or lease executed by or on behalf of the association during the period of the declarant's right to control the association pursuant to subsection (a) of this Code section shall be subject to cancellation and termination at any time during the 12 months following the expiration of such control period by the affirmative vote of the unit owners of units to which a majority of the votes in the association pertain, unless the unit owners by a like majority shall have theretofore, following the expiration of such control period, expressly ratified and approved the same." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 55, nays 0. SB 136, having received the requisite constitutional majority, was passed by substitute. TUESDAY, JANUARY 31, 2012 177 Mike Hubbard, Speaker of the Alabama House of Representatives, addressed the Senate briefly. The Calendar was resumed. SB 300. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes. The Senate Agriculture and Consumer Affairs Committee offered the following substitute to SB 300: A BILL TO BE ENTITLED AN ACT To amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments boiling, bottling, and selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, is amended by revising paragraph (5) of subsection (a) as follows: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service 178 JOURNAL OF THE SENATE establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted. This term also shall not include establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer's name and street address, all added ingredients, the net weight or volume of the product, and a statement that clearly reads: 'This product has not been produced in a facility licensed by the Georgia Department of Agriculture.'" SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S TUESDAY, JANUARY 31, 2012 179 Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 55, nays 0. SB 300, having received the requisite constitutional majority, was passed by substitute. Senator Tippins of the 37th recognized Dr. Emily Lembeck, commended by SR 741, adopted previously. Dr. Emily Lembeck addressed the Senate briefly. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 675. By Representatives Cooper of the 41st, Harden of the 147th, Wilkinson of the 52nd, Kaiser of the 59th, Watson of the 163rd and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the definitions of "approved nursing education programs" for registered professional nurses and licensed practical nurses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 301. By Senators Bulloch of the 11th, Tolleson of the 20th, Shafer of the 48th, Rogers of the 21st, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, so as to authorize the use of silencers on hunting firearms under certain circumstances; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 180 JOURNAL OF THE SENATE The Senate Natural Resources and the Environment Committee offered the following substitute to SB 301: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, so as to authorize the use of silencers on hunting firearms under certain circumstances; to provide for suspension of hunting privileges for persons who are convicted of hunting without landowner permission, hunting in an area that is closed to hunting, or hunting big game out of season or at night with a silencer equipped firearm; 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 1 of Chapter 3 of Title 27 of the Official Code of Georgia Annotated, relating to general provisions regarding hunting, is amended by revising Code Section 27-3-4, relating to legal weapons for hunting wildlife generally, as follows: "27-3-4. (a) It shall be unlawful to hunt wildlife with any weapon, except that: (1) Longbows, recurve bows, crossbows, and compound bows may be used for taking small game, feral hogs, or big game. Arrows for hunting deer, bear, and feral hogs must be broadhead type; (2) During primitive weapon hunts or primitive weapons seasons: (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; (3) Firearms for hunting deer, bear, and feral hogs are limited to 20 gauge shotguns or larger shotguns loaded with slugs or buckshot (except that no buckshot is permitted on state wildlife management areas unless otherwise specified), muzzleloading firearms of .44 caliber or larger, and center-fire firearms .22 caliber or larger; provided, however, that firearms for hunting feral hogs, other than those weapons specified in this paragraph, may be authorized by rule or regulation of the board. Bullets used in all center-fire rifles and handguns must be of the expanding type; (4) Weapons for hunting small game shall be limited to shotguns with shot shell size of no greater than 3 1/2 inches in length with No. 2 lead shot or smaller or federally approved nontoxic shot size of F or smaller shot, .22 caliber or smaller rimfire firearms, air rifles, muzzleloading firearms, longbows, recurve bows, crossbows, and compound bows; provided, however, that nothing contained in this paragraph shall TUESDAY, JANUARY 31, 2012 181 permit the taking of protected species; (5)(A) For hunting deer, feral hogs, and bear, shotguns shall be limited to a capacity of not more than five shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine. (B) For hunting all other game animals, shotguns shall be limited to a capacity of not more than three shells in the magazine and chamber combined. If a plug is necessary to so limit the capacity, the plug shall be of one piece, incapable of being removed through the loading end of the magazine; (6) It shall be unlawful to hunt turkey with any weapons except shotguns using No. 2 shot or smaller, muzzleloading firearms, longbows, crossbows, recurve bows, or compound bows. Any person taking turkey in violation of this paragraph shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misdemeanor, except that a fine imposed for such violation shall not be less than $250.00; (7) Weapons for hunting alligators shall be limited to hand-held ropes or snares, snatch hooks, harpoons, gigs, or arrows with restraining lines attached. Lawfully restrained alligators may be killed with any caliber handgun or bangstick and shall be killed immediately before transporting; (8) There are no firearms restrictions for taking nongame animals or nongame birds; and (9) The use of silencers for hunting within this state is prohibited Any firearm otherwise authorized for use in the hunting or taking of game may be equipped with a silencer, as defined in paragraph (7) of Code Section 16-11-121, possessed by the user in accordance with paragraph (4) of Code Section 16-11-124. (b) The hunting privileges of any person who has been convicted of violating the provisions of this title or any rule or regulation promulgated pursuant thereto by hunting without landowner permission, hunting in an area that is closed for hunting, or by hunting big game out of season or at night with a firearm equipped with a silencer shall be suspended for three years." 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. 182 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock N Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 5. SB 301, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Hardie Davis Interstate Cooperation District 22 Economic Development 327-A Coverdell Legislative Office Building Ethics Atlanta, GA 30334 Finance Insurance and Labor I vote Yea on SB 301. The State Senate Atlanta, Georgia 30334 1/31/2012 /s/ Hardie Davis, 22nd TUESDAY, JANUARY 31, 2012 183 SB 307. By Senators Ligon, Jr. of the 3rd, Carter of the 1st and Jackson of the 2nd: A BILL to be entitled an Act to amend Code Section 27-2-23 of the Official Code of Georgia Annotated, relating to licenses, permits, tags, and stamp fees, so as to create a one-day salt-water shore fishing license; to provide for a fee; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 1. SB 307, having received the requisite constitutional majority, was passed. SB 309. By Senators Jeffares of the 17th, Bulloch of the 11th, Heath of the 31st, Shafer of the 48th, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; to repeal conflicting laws; and for other purposes. 184 JOURNAL OF THE SENATE The Senate Natural Resources and the Environment Committee offered the following substitute to SB 309: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; 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 "Taylor's Law." SECTION 2. Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, is amended by adding a new Code section to read as follows: "27-2-4.3. (a) As used in this Code section, the term 'terminal illness' means an incurable or irreversible condition with a corresponding life expectancy that does not exceed 12 months. (b) The commissioner is authorized to issue special authorization to hunt big game or alligators to any person not older than 21 years of age who has been diagnosed with a terminal illness by a doctor of medicine currently licensed to practice either by the Georgia Composite Medical Board or the State Board of Examiners in Osteopathy. Such special authorization may include waiving legal weapons requirements, antler restrictions, quota limitations, or hunter education requirements as necessary to facilitate special situations for persons with a terminal illness. The commissioner may impose any terms and conditions deemed necessary to implement the special authorization. Such authorization shall be for only one hunting season. (c) The commissioner may prepare an application to be used by persons requesting special authorization and may require signed documentation from a doctor of medicine currently licensed to practice either by the Georgia Composite Medical Board or the State Board of Examiners in Osteopathy verifying that an applicant has a terminal illness. (d) A person who receives special authorization to hunt under this Code section shall conduct all hunting under the direct supervision of a licensed adult hunter and abide by the terms and conditions of the special authorization issued by the commissioner." TUESDAY, JANUARY 31, 2012 185 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 1. SB 309, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 675. By Representatives Cooper of the 41st, Harden of the 147th, Wilkinson of the 52nd, Kaiser of the 59th, Watson of the 163rd and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the definitions of "approved nursing education programs" for registered professional nurses and 186 JOURNAL OF THE SENATE licensed practical nurses; 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. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, February 1, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:48 a.m. WEDNESDAY, FEBRUARY 1, 2012 187 Senate Chamber, Atlanta, Georgia Wednesday, February 1, 2012 Twelfth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 337. By Representatives Greene of the 149th, Maxwell of the 17th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, failure of a member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments, so as to provide that in the event of divorce a retired member who has elected a spouses' option may elect to continue or revoke such coverage; to provide for an increase in benefit; to provide for remarriage; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 749. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide education districts for the Calhoun County Board of Education," approved April 13, 1992 (Ga. L. 1992, p. 6119), so as to provide for new education districts; to provide for the continuation in office of current office holders; to provide for the submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. 188 HB 750. HB 754. HB 755. HB 756. JOURNAL OF THE SENATE By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; 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. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 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 to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), as amended, so as to provide that the local law HB 757. HB 758. HB 759. WEDNESDAY, FEBRUARY 1, 2012 189 provisions relating to the State Court of Putnam County shall be updated and consolidated; to provide for the furnishing of facilities for the court; to provide for terms of court; to provide for practice and procedure; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for the solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 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 creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4557), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for legislative intent; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Glynn County, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3697), so as to provide for the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of the current members; to provide for the manner of 190 HB 767. HB 768. HB 770. JOURNAL OF THE SENATE election of members and for filling of vacancies; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd: A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4225), so as to describe new election districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4229), so as to provide for commissioner districts from and by which members of the board of commissioners are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal a specific local Act; to repeal conflicting laws; and for other purposes. HB 771. HB 777. HB 779. HB 813. WEDNESDAY, FEBRUARY 1, 2012 191 By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th: A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3888), so as to change the description of the commissioner districts; to provide definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Terrell County, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3782), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Harden of the 147th and Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4102), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 192 JOURNAL OF THE SENATE 1952, p. 2703), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4494), so as to reapportion the commissioner districts; to define certain terms; 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. 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 133. By Representatives Black of the 174th, Rogers of the 26th, Rynders of the 152nd, Weldon of the 3rd, Knight of the 126th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for conditions of refunding de minimis overpayments; to provide for waiver of de minimis insufficiencies; 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 Black of the 174th, O`Neal of the 146th, and Channell of the 116th. The following Senate legislation was introduced, read the first time and referred to committee: SB 294. By Senators Albers of the 56th, Rogers of the 21st, Gooch of the 51st, Shafer of the 48th, Carter of the 1st and others: A BILL to be entitled an Act to amend Code Section 34-8-195 of the Official Code of Georgia Annotated, relating to determination of eligibility for unemployment benefits generally, so as to enact the "Dignity for the Unemployed Act"; to require volunteer service hours with a nonprofit organization for applicants for unemployment benefits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 364. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Rogers of the 21st, Carter of the 1st and Williams of the 19th: 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 WEDNESDAY, FEBRUARY 1, 2012 193 programs, so as to prohibit the use of standards based grading in grades four through 12; to provide for legislative findings; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 365. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 367. By Senators Bulloch of the 11th, Ginn of the 47th, Wilkinson of the 50th, Miller of the 49th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. 194 JOURNAL OF THE SENATE SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; 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 369. By Senators Carter of the 1st, Tolleson of the 20th and Tippins of the 37th: A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for an extension of the automatic repeal; 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 370. By Senators Carter of the 1st, Bethel of the 54th, Jackson of the 2nd and Goggans of the 7th: 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 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. SB 371. By Senators Tippins of the 37th, Rogers of the 21st, Mullis of the 53rd, Hill of the 32nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control airports and landing fields, so as to provide for local governments' ability to accept community improvement district funds to use for improvements to airports and landing fields within the district; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. WEDNESDAY, FEBRUARY 1, 2012 195 SR 765. By Senators Carter of the 1st, Grant of the 25th, Jeffares of the 17th and Williams of the 19th: A RESOLUTION authorizing the change of use of certain properties located in Bryan and Butts counties currently dedicated as a heritage preserve; authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, and ingress and egress in, on, over, upon, across, or through certain state owned real property located in Bryan, Butts, and Liberty counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. SR 766. By Senators Hill of the 32nd, Rogers of the 21st, Loudermilk of the 52nd, Mullis of the 53rd, Shafer of the 48th and others: A RESOLUTION urging the United States Congress to adopt and to submit to the states a balanced budget amendment to the United States Constitution and to balance our current budget; and for other purposes. Referred to the Government Oversight Committee. The following House legislation was read the first time and referred to committee: HB 337. By Representatives Greene of the 149th, Maxwell of the 17th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, failure of a member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments, so as to provide that in the event of divorce a retired member who has elected a spouses' option may elect to continue or revoke such coverage; to provide for an increase in benefit; to provide for remarriage; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 749. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide education districts for the Calhoun County Board of Education," approved 196 JOURNAL OF THE SENATE April 13, 1992 (Ga. L. 1992, p. 6119), so as to provide for new education districts; to provide for the continuation in office of current office holders; to provide for the submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 750. By Representative Greene of the 149th: A BILL to be entitled an Act to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; 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. HB 754. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 755. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for WEDNESDAY, FEBRUARY 1, 2012 197 preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 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 756. 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 to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), as amended, so as to provide that the local law provisions relating to the State Court of Putnam County shall be updated and consolidated; to provide for the furnishing of facilities for the court; to provide for terms of court; to provide for practice and procedure; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for the solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 757. 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 creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 187879, p. 334), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 758. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 198 JOURNAL OF THE SENATE 2002, p. 4557), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for legislative intent; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 759. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Glynn County, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3697), so as to provide for the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of the current members; to provide for the manner of election of members and for filling of vacancies; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 767. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd: A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4225), so as to describe new election districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 768. By Representatives Parrish of the 156th, Hatchett of the 143rd and Jackson of the 142nd: A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. WEDNESDAY, FEBRUARY 1, 2012 199 887), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4229), so as to provide for commissioner districts from and by which members of the board of commissioners are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 770. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal a specific local Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 771. By Representatives Smith of the 129th, Smith of the 131st and Buckner of the 130th: A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3888), so as to change the description of the commissioner districts; to provide definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 777. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Terrell County, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 200 JOURNAL OF THE SENATE 2002, p. 3782), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 779. By Representatives Harden of the 147th and Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4102), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 813. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4494), so as to reapportion the commissioner districts; to define certain terms; 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. The following committee reports were read by the Secretary: Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: WEDNESDAY, FEBRUARY 1, 2012 201 SB 331 SB 337 Do Pass Do Pass Respectfully submitted, Senator Goggans of the 7th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 348 Do Pass by substitute Respectfully submitted, Senator Thompson of the 5th 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 690 HB 701 HB 723 Do Pass Do Pass Do Pass HB 694 HB 702 HB 740 Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman Mr. President: The State and Local Governmental Operations (General) Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 93 SB 340 Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman 202 JOURNAL OF THE SENATE Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 339 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 683 SB 319 The following Senators were excused for business outside the Senate Chamber: Heath of the 31st Thompson of the 33rd Senator Stoner of the 6th asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused. Senator Butler of the 55th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. Senator Bethel of the 54th 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: Albers Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Fort Grant Hamrick Harbison Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Murphy Orrock Paris Ramsey Rogers Shafer Sims Staton Stoner Tate Thompson, C Tippins WEDNESDAY, FEBRUARY 1, 2012 203 Ginn Goggans Golden Gooch Loudermilk McKoon Millar Mullis Tolleson Wilkinson Williams Not answering were Senators: Balfour (Excused) Henson (Excused) Stone Bulloch Miller Thompson, S. (Excused) Heath (Excused) Seay (Excused) Unterman The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Miller Stone Unterman The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Golden of the 8th introduced the chaplain of the day, Reverend Franklin J. Richards II of Valdosta, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. Stephen Holbrook. Senator Unterman of the 45th recognized February 1, 2012, as End the Sexual Exploitation of Children Day at the capitol, commended by SR 767, adopted today. Reverend Dr. Scott Weimer addressed the Senate briefly. Senators Hill of the 4th and Bethel of the 54th recognized the Blue Key Officers. Senator Harbison of the 15th recognized Edwin Jackson, commended by SR 762, adopted today. Edwin Jackson addressed the Senate briefly. Senator Williams of the 19th asked unanimous consent that the following bill be withdrawn from the Senate Natural Resources and the Environment Committee and committed to the Senate Agriculture and Consumer Affairs Committee: SB 362. By Senators Williams of the 19th and Bulloch of the 11th: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and 204 JOURNAL OF THE SENATE renewal and revocation of permits; to provide for investigation, survey, and sales of certain sunken logs to which the state holds title; to provide for administration of such a program; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 362 was committed to the Senate Agriculture and Consumer Affairs Committee. The following resolutions were read and adopted: SR 757. By Senators Miller of the 49th, Unterman of the 45th and Gooch of the 51st: A RESOLUTION recognizing and commending Jackson Electric Membership Corporation; and for other purposes. SR 758. By Senator Miller of the 49th: A RESOLUTION honoring the life and memory of Kay Davidson Barrett; and for other purposes. SR 759. By Senator Miller of the 49th: A RESOLUTION honoring the life and memory of Dub Jones; and for other purposes. SR 760. By Senator Miller of the 49th: A RESOLUTION honoring the life and memory of Richard "Dick" Stephen Andert; and for other purposes. SR 761. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending the winner of the Rick Perkins Award for Excellence in Technical Instruction Jim Rutherfoord; and for other purposes. SR 762. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Edwin Jackson; and for other purposes. WEDNESDAY, FEBRUARY 1, 2012 205 SR 763. By Senators Golden of the 8th, Carter of the 1st, Hill of the 4th, Miller of the 49th, Gooch of the 51st and others: A RESOLUTION recognizing February 1, 2012, as Georgia Food Bank Association Day at the capitol; and for other purposes. SR 764. By Senators Heath of the 31st, Tolleson of the 20th, Williams of the 19th and Rogers of the 21st: A RESOLUTION honoring Sergeant Danny Crook; and for other purposes. SR 767. By Senator Unterman of the 45th: A RESOLUTION recognizing February 1, 2012, as End the Commercial Sexual Exploitation of Children Day at the capitol; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Murphy of the 27th Stoner of the 6th 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 Wednesday February 1, 2012 Twelfth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 690 Crane of the 28th COWETA COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Coweta County, approved August 26, 1872 (Ga. L. 1872, p. 405), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3809), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 206 HB 694 HB 701 HB 702 JOURNAL OF THE SENATE Crane of the 28th COWETA COUNTY A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Coweta County, approved March 5, 1984 (Ga. L. 1984, p. 3701), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3801), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Crane of the 28th McKoon of the 29th TROUP COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Troup County, approved March 25, 1958 (Ga. L. 1958, p. 3068), as amended, particularly by an Act approved February 27, 1992 (Ga. L. 1992, p. 4796), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Crane of the 28th McKoon of the 29th TROUP COUNTY A BILL to be entitled an Act to amend an Act providing a board of education of Troup County, approved January 1, 1986 (Ga. L. 1986, p. 3515), as amended, particularly by an Act approved March 18, 2002 (Ga. L. 2002, p. 3600), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 1, 2012 207 HB 723 Grant of the 25th PUTNAM COUNTY A BILL to be entitled an Act to amend an Act to change the method of electing members for the Board of Education of Putnam County, approved March 27, 1972 (Ga. L. 1972, p. 2678), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3645), so as to change manner of election of members of the board of education; to provide for vacancies; to provide for legislative intent; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 740 Crane of the 28th Hamrick of the 30th CARROLL COUNTY A BILL to be entitled an Act to amend an Act amending, revising, superseding, and consolidating the laws pertaining to the Board of Commissioners of Carroll County, approved February 28, 1989 (Ga. L. 1989, p. 3546), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4570), so as to change the descriptions of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of the current chairperson and members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the 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 Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Hamrick Y Harbison E Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton 208 JOURNAL OF THE SENATE Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 50, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following 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 1238. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. Senator Tate of the 38th was excused for business outside the Senate Chamber. SB 302 SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 1, 2012 TWELFTH LEGISLATIVE DAY Georgia Higher Education Facilities Authority; increase the amount of bonding authority (APPROP-18th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee WEDNESDAY, FEBRUARY 1, 2012 209 The following legislation was read the third time and put upon its passage: SB 302. By Senators Staton of the 18th, Carter of the 1st, Hill of the 4th and Cowsert of the 46th: A BILL to be entitled an Act to amend Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, so as to increase the amount of bonding authority; 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 Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick Y Harbison E Heath E Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 5. SB 302, having received the requisite constitutional majority, was passed. 210 JOURNAL OF THE SENATE The following communication was received by the Secretary: Senator Bill Heath District 31 301 Coverdell Legislative Office Building Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Appropriations Government Oversight Science and Technology Retirement Finance The State Senate Atlanta, Georgia 30334 February 1, 2012 Mr. Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob, Due to a death in the family, I was unable to cast my vote against Senate Bill 302 today. Clearly the Georgia Higher Education Facilities Authority has spent/lent all the money the law allowed. In their presentation to the Appropriations Committee, the Authority stated that if the cap were raised, the Authority would likely spend/loan the additional $200 million within two years and would be back asking for the limit to be raised again. Therefore, increasing the limit defeats the purpose of the limit and the protections it provides to Georgians. I call upon our educational institutions to focus their spending on things crucial to education and make every effort to keep costs down so more Georgians can afford education. While student centers, bookstores, theaters, recreation centers and wellness centers are nice additions to a campus, they are not necessary educational expenses. Sincerely, /s/ Bill Heath Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, February 2, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:20 a.m. THURSDAY, FEBRUARY 2, 2012 211 Senate Chamber, Atlanta, Georgia Thursday, February 2, 2012 Thirteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 542. By Representative Powell of the 171st: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for the transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia; to provide for the transfer of funds; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the 212 JOURNAL OF THE SENATE Department of Education rather than local school systems; to revise provisions for purposes of conformity; 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 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; 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 373. By Senators Mullis of the 53rd, Jackson of the 24th, Unterman of the 45th, Hill of the 32nd, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 36-60-25 of the Official Code of Georgia Annotated, relating to certificates of public necessity and convenience and medallions for vehicles for hire, so as to provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs throughout the state; to provide for an exemption from public necessity and convenience and medallions requirements for vehicles for hire equipped to transport passengers in wheelchairs; to provide for the authority of county and municipal corporations to create distinctive decals to identify vehicles for hire equipped to transport passengers in wheelchairs; to provide for requirements for classification as a vehicle for hire equipped to transport passengers in wheelchairs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. THURSDAY, FEBRUARY 2, 2012 213 SB 374. By Senators Mullis of the 53rd, Bethel of the 54th, Hill of the 32nd, Gooch of the 51st, Shafer of the 48th and others: 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 relative to water resources, so as to exempt water withdrawals from a certain portion of the Tennessee River basin from restrictions on transfers of water; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 769. By Senators Albers of the 56th, Rogers of the 21st, Shafer of the 48th and Hill of the 32nd: A RESOLUTION recognizing and commending Fulton Science Academy Charter High School; and for other purposes. Referred to the Education and Youth Committee. SR 781. By Senators Mullis of the 53rd, Bethel of the 54th, Hill of the 32nd, Gooch of the 51st, Shafer of the 48th and others: A RESOLUTION urging the performance of a feasibility study of the withdrawal, storage, and distribution of waters from a certain portion of the basin of the Tennessee River; 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 542. By Representative Powell of the 171st: A BILL to be entitled an Act to amend Article 5 of Chapter 2 of Title 47 of the Official Code of Georgia Annotated, relating to service creditable toward retirement benefits under the Employees' Retirement System of Georgia, so as to provide for the transfer of service credit from the Georgia Judicial Retirement System to the Employees' Retirement System of Georgia; to provide for the transfer of funds; to provide for conditions and payment; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 214 JOURNAL OF THE SENATE HB 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; 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. 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 357 SR 715 Do Pass Do Pass Respectfully submitted, Senator Bulloch of the 11th 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 675 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman THURSDAY, FEBRUARY 2, 2012 215 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 333 SB 351 SB 352 Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th 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 269 Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th 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 77 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: SB 331 SB 337 SB 339 SB 340 SB 348 Senator Staton of the 18th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused. 216 JOURNAL OF THE SENATE Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Cowsert Crane Crosby Davenport Davis Ginn Goggans Gooch Grant Hamrick Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Chance (Excused) Harbison (Excused) Fort Rogers Golden (Excused) Seay The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Fort Seay The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Seay of the 34th introduced the chaplain of the day, Pastor Don Battle of Jonesboro, Georgia, who offered scripture reading and prayer. THURSDAY, FEBRUARY 2, 2012 217 The following resolutions were read and adopted: SR 768. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Jenny Lynn Anderson; and for other purposes. SR 770. By Senators Albers of the 56th, Rogers of the 21st, Shafer of the 48th and Hill of the 32nd: A RESOLUTION recognizing and commending Riverwood International Charter School; and for other purposes. SR 771. By Senators Albers of the 56th and Hill of the 32nd: A RESOLUTION recognizing and commending North Springs Charter High School; and for other purposes. SR 772. By Senators Albers of the 56th and Shafer of the 48th: A RESOLUTION recognizing and commending Johns Creek High School; and for other purposes. SR 773. By Senators Albers of the 56th and Shafer of the 48th: A RESOLUTION recognizing and commending Chattahoochee High School; and for other purposes. SR 774. By Senators Albers of the 56th and Shafer of the 48th: A RESOLUTION recognizing and commending Northview High School; and for other purposes. SR 775. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Roswell High School; and for other purposes. SR 776. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Centennial High School; and for other purposes. 218 JOURNAL OF THE SENATE SR 777. By Senators Albers of the 56th and Rogers of the 21st: A RESOLUTION recognizing and commending Milton High School; and for other purposes. SR 778. By Senators Albers of the 56th and Rogers of the 21st: A RESOLUTION recognizing the Road to Safety Program; and for other purposes. SR 779. By Senators Rogers of the 21st, Loudermilk of the 52nd and Albers of the 56th: A RESOLUTION recognizing and commending Jennifer Forsyth, biology teacher at Woodstock High School, for being named the 2012 High School Science Teacher of the Year for Georgia; and for other purposes. SR 780. By Senators McKoon of the 29th and James of the 35th: A RESOLUTION recognizing February 7, 2012, as Catholic Day at the state capitol; and for other purposes. Senator Seay of the 34th recognized Shekema Silveri, commended by SR 649, adopted previously. Shekema Silveri addressed the Senate briefly. Senator Miller of the 49th asked unanimous consent that the following bill be withdrawn from the Senate State and Local Governmental Operations Committee and committed to the Senate Reapportionment and Redistricting Committee: SB 359. By Senators Tate of the 38th, Fort of the 39th, Orrock of the 36th and James of the 35th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Fulton County, approved December 3, 1880 (Ga. L. 188081, p. 508), as amended, particularly by an Act approved April 9, 1993 (Ga. L. 1993, p. 5241), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 359 was committed to the Senate Reapportionment and Redistricting Committee. THURSDAY, FEBRUARY 2, 2012 219 Senator Thompson of the 5th asked unanimous consent that the following bill be withdrawn from the Senate Judiciary Committee and committed to the Senate Special Judiciary Committee: SB 290. By Senators Ramsey, Sr. of the 43rd, Brown of the 26th, Fort of the 39th, Orrock of the 36th, Thompson of the 5th 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 create the Georgia Innocence Inquiry Commission; to provide a purpose; to define certain terms; to provide for membership and appointment of members; to provide for administrative support; to provide for a director and staff and duties of the director; to provide for powers and duties of the commission; to provide for a contingency effective date; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 290 was committed to the Senate Special Judiciary Committee. Senator Unterman of the 45th recognized February 3, 2012, as "National Wear Red Day" at the state capitol, commended by SR 708, adopted previously. Kimberly Goodloe addressed the Senate briefly. Senator Millar of the 40th was excused for business outside the Senate Chamber. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR THURSDAY, FEBRUARY 2, 2012 THIRTEENTH LEGISLATIVE DAY HB 477 Insurance; transition from annual to biennial license renewal; provide (Substitute) (I&L-7th) Shaw-176th HB 683 Garnishment proceedings; filing of certain answers may be done by authorized officers or employees; provisions (JUDY-54th) Willard-49th SB 225 Criminal Offenses; provide for new offense of transmitting a false report; penalties (Substitute) (JUDY-49th) SB 227 Education; declarations of intent/attendance records for home study programs; submitted to Dept. of Education rather than local school superintendents (Substitute) (ED&Y-52nd) 220 JOURNAL OF THE SENATE SB 319 State Parks; use of boats; revise certain provisions (NR&E-17th) SB 305 Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers from the consumer (AG&CA-11th) Respectfully submitted, /s/ Bill Hamrick, Vice Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 477. By Representatives Shaw of the 176th, Meadows of the 5th, Maxwell of the 17th, Hembree of the 67th, James of the 135th 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 the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters; to provide for adjustment of licensing fees as necessary to accommodate biennial licensing; to provide for promulgation of rules and regulations by the Commissioner; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The Senate Insurance and Labor Committee offered the following substitute to HB 477: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the transition from an annual renewal to a biennial renewal of licenses of agents, agencies, subagents, counselors, and adjusters; to provide for promulgation of rules and regulations by the Commissioner; 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. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-23-3, relating to agency licensing and annual renewal, transition from annual renewal to biennial renewal, and ownership restrictions, as follows: THURSDAY, FEBRUARY 2, 2012 221 "33-23-3. (a) Each principal office and each branch office of an agency as defined in paragraph (2) of subsection (a) of Code Section 33-23-1 must obtain an agency license prior to commencement of operations and renew such license annually biennially and prior to December 31 by filing application forms prescribed by the Commissioner, except as provided by subsection (a.1) of this Code section. (a.1) The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1 All agency licenses that were issued with an expiration date of December 31, 2012, shall expire on that date, but shall be renewed pursuant to subsection (a) of this Code section. . (b) An agency shall be subject to all penalties, fines, criminal sanctions, and other actions authorized for agents under this chapter. (c) No person shall be an owner of an agency or, if the agency is a corporation, no person shall be an officer or director of such corporation or own 10 percent or more of the corporation if such person has had his or her license under this chapter refused, revoked, or suspended." SECTION 2. Said title is further amended by revising Code Section 33-23-18, relating to issuance of a license on a continuous basis, filing for continuation, continuing education requirements, and transition from annual renewal to biennial renewal, as follows: "33-23-18. (a) All resident agent, limited subagent, adjuster, and counselor licenses, with the exception of temporary or probationary licenses, shall be issued on a continuous biennial basis and shall expire on the last day of the licensee's birth month, except as provided in subsection (c.1) of this Code section. (b) Such resident Resident agent, limited subagent, adjuster, and counselor licenses may be continued renewed upon receipt by the Commissioner of evidence of such continuing education as the Commissioner may establish by rule or regulation and payment of such fees as are provided by law. (c) Filings for continuation of the license on forms prescribed by rule or regulation must be made prior to the first December 31 following the initial issuance of the license and every December 31 thereafter, except as provided in subsection (h) of this Code section. Renewal of the license on forms prescribed by rule or regulation must be made prior to the last day of the licensee's birth month and biennially thereafter, except as provided in subsection (c.1) of this Code section. (c.1) All licenses that expire on December 31, 2012, shall be transitioned to a biennial term and shall expire on the last day of the licensee's birth month, provided that, during the transition, the Commissioner may, as provided by rule or regulation, renew such licenses for a term greater or shorter than the biennial term and may prorate the license renewal fees. 222 JOURNAL OF THE SENATE (d) Continuing education requirements imposed by the Commissioner pursuant to this Code section shall not exceed 15 classroom hours for each licensed individual who has held a license for less than 20 years during the calendar year. For those individuals who have held a license for 20 years or more, the requirement shall be no more than ten classroom hours during the calendar year. However, the Commissioner may provide by rule or regulation for continuing education requirements on a biennial basis. (e) Any individual who has been licensed as an agent for ten consecutive years or more and who does not perform any of the functions specified in paragraph (3) of subsection (a) of Code Section 33-23-1 other than receipt of renewal or deferred commissions shall be exempt from continuing education requirements; provided, however, that if such individual wishes to again perform any of the other functions specified in said paragraph, such individual must obtain approval from the Commissioner and comply with the requirements of this chapter, including without limitation the requirements for continuing education. The Commissioner may provide, by rule or regulation, for any other exemption to or reduction in continuing education required under this Code section. (f) Every individual required to participate in a continuing education program pursuant to this Code section, shall furnish or such individual's insurer, shall furnish the Commissioner such information as the Commissioner deems necessary to verify compliance with the continuing education requirements. (g) The Commissioner by rule or regulation may establish the following: (1) Staggered deadlines for the filing of forms for continuation renewal of licenses and the corresponding required fees; and (2) Penalties and procedures for licensees who fail to comply with subsection (c) of this Code section. (h) The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1." SECTION 3. Said title is further amended by revising subsection (b) of Code Section 33-23-37, relating to licensing of a surplus lines broker, as follows: "(b) Any person, while licensed as a resident agent as to property, casualty, and surety insurance and who is deemed by the Commissioner to be competent and trustworthy, may be licensed as a surplus lines broker as follows: (1) Application to the Commissioner for the license shall be on forms furnished by the Commissioner; (2) The license fee shall be in an amount as provided in Code Section 33-8-1; (3) Each license shall be issued for a term expiring on December 31 next following the date of issuance on a biennial basis and shall expire on the last day of the licensee's birth month and may be renewed annually by filing an application and paying the prescribed fee in accordance with this Code section except as provided in THURSDAY, FEBRUARY 2, 2012 223 paragraph (3.1) of this subsection; (3.1) The Commissioner by rule or regulation may provide for the transition from annual renewal to biennial renewal of licenses issued under this Code section by staggering the renewal periods in 2012 and 2013. Certain licenses may be required to renew one year at one-half the biennial fee provided in Code Section 33-8-1 All licenses that expire on December 31, 2012, shall be transitioned to a biennial term, provided that, during the transition, the Commissioner may, as provided by rule or regulation, renew such licenses for a term greater or shorter than the biennial term and may prorate the license renewal fees; (4) Prior to the issuance of the license or any renewal of the license, the applicant shall file a bond with the Commissioner or his or her successor in office, for the benefit of any person injured by the violation of the conditions provided in this paragraph. The bond shall be executed by the applicant as principal and by a corporate surety authorized to do business in this state and shall be in the penal sum of $50,000.00, conditioned that the applicant will comply with the following: (A) Place insurance only in compliance with Code Section 33-5-25; (B) Remit promptly the taxes provided in Code Section 33-5-31; (C) Account to any person requesting him or her to obtain insurance for funds or premiums collected in connection with such insurance; and (D) Otherwise conduct business in accordance with this title. The bond shall not be terminated unless prior to such termination 30 days' written notice is filed with the Commissioner; and (5) Each applicant for a license to act as a surplus lines broker shall submit to a personal written examination to determine his or her competence, unless the applicant is licensed as a surplus lines broker in his or her home state." SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick E Harbison Y Heath Orrock Y Paris Y Ramsey 224 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 477, having received the requisite constitutional majority, was passed by substitute. Senator Staton of the 18th introduced the doctor of the day, Dr. Rana K. Munna. Senator Bulloch of the 11th recognized February 2, 2012, Veterinary Medicine Day at the state capitol, commended by SR 662, adopted previously. Dr. Spencer Tally, President of the Georgia Veterinary Medical Association, addressed the Senate briefly. Senator Chance of the 16th commended Georgia State University and recognized February 2, 2012, as Georgia State University Day at the capitol, commended by SR 755, adopted previously. President Mark Becker and Coach Bill Curry addressed the Senate briefly. Senator Hill of the 4th recognized Jenny Lynn Anderson, commended by SR 768, adopted today. The following Senators were excused for business outside the Senate Chamber: Murphy of the 27th Stoner of the 6th The Calendar was resumed. THURSDAY, FEBRUARY 2, 2012 225 HB 683. By Representatives Willard of the 49th, Smith of the 131st, Welch of the 110th, McCall of the 30th and Dickey of the 136th: A BILL to be entitled an Act to amend Chapter 4 of Title 18 of the Official Code of Georgia Annotated, relating to garnishment proceedings, so as to provide that the filing of certain answers on behalf of certain garnishees may be done by authorized officers or employees and shall not constitute the practice of law; to provide for definitions; to provide that delivery to the court of money or property that is subject to garnishment may likewise be accomplished by certain officers or employees of an entity; to conform the terminology of the chapter to reflect defined terms; to change provisions relating to service of garnishment actions; to increase the amount of attorney's fees a garnishee may deduct from the sums paid into court; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 226 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 52, nays 0. HB 683, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334 Committees: Judiciary Rules Public Safety Appropriations Ethics The State Senate Atlanta, Georgia 30334 Please record my vote on HB 683 as YES, /s/ Bill Hamrick 2/02/12 SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 225: 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for a penalty; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 2, 2012 227 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 criminal offenses, is amended by adding a new Code section to read as follows: "16-10-26.1. (a) As used in this Code section, the term 'serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (b) A person who knowingly and intentionally transmits a false claim by means of a written, electronic, or other transmission, through any medium, stating that he or she has committed a serious violent felony and the false claim is reasonably intended to cause a law enforcement agency or official to initiate an investigation to determine whether such serious violent felony has been committed by such person shall be guilty of the misdemeanor offense of transmitting a false report of a crime." SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Crane Y Crosby Y Davenport Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C 228 JOURNAL OF THE SENATE Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Thompson, S Y Tippins Y Tolleson Y Unterman Wilkinson Williams On the passage of the bill, the yeas were 47, nays 0. SB 225, having received the requisite constitutional majority, was passed by substitute. SB 227. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; 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 227: A BILL TO BE ENTITLED AN ACT To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended in Code Section 20-2-690, relating to requirements for private schools and home study programs, by revising subsection (c) as follows: "(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: THURSDAY, FEBRUARY 2, 2012 229 (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the Department of Education, which may provide for electronic submittal of such declaration of intent superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) Attendance records for the home study program shall be kept and shall be submitted annually to the Department of Education, which may provide for electronic submittal of such records at the end of each month to the school superintendent of the local school district in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's 230 JOURNAL OF THE SENATE academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years." SECTION 2. Said subpart is further amended in Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, by revising subsection (d) as follows: "(d) Local school superintendents in the case of private schools, the Department of Education in the case of or home study programs, and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart." SECTION 3. Said subpart is further amended in Code Section 20-2-694, relating to administration and enforcement of compulsory attendance laws, as follows: "20-2-694. It shall be the duty of each county and independent school system board of education, and each local school superintendent within the state, and the Department of Education to administer this subpart and to secure its enforcement in cooperation with the other state and county agencies and in cooperation with the administrators of private schools and parents or guardians providing a home study program." SECTION 4. Said subpart is further amended in Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers to report truants to juvenile or other courts, by revising subsection (a) as follows: "(a) Local school superintendents as applied to private schools, the Department of Education as applied to and home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child." SECTION 5. This Act shall be applicable beginning with school year 2012-2013. 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. THURSDAY, FEBRUARY 2, 2012 231 The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone E Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 11. SB 227, having received the requisite constitutional majority, was passed by substitute. Senator Mullis of the 53rd was excused for business outside the Senate Chamber. SB 319. By Senators Jeffares of the 17th, Tolleson of the 20th, Chance of the 16th, Tippins of the 37th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; 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. 232 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 319, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th was excused for business outside the Senate Chamber. SB 305. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 10-1-791 of the Official Code of Georgia Annotated, relating to consumer fees to implement provisions of Article 28, relating to the "Georgia Lemon Law," and enforcement, so as to increase the fee to be collected by new motor vehicle dealers from the consumer for the sale or lease of a new motor vehicle; to provide for related matters; to provide an for 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: THURSDAY, FEBRUARY 2, 2012 233 N Albers Y Balfour N Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick E Harbison N Heath N Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones N Ligon N Loudermilk Y McKoon Y Millar Y Miller E Mullis E Murphy N Orrock Paris N Ramsey Rogers Y Seay N Shafer Y Sims N Staton Y Stone E Stoner N Tate Y Thompson, C N Thompson, S Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 30, nays 19. SB 305, having received the requisite constitutional majority, was passed. The following resolution was read and put upon its adoption: HR 1238. By Representative O`Neal of the 146th: 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 2012 regular session of the General Assembly for the period of Friday, January 27, 2012, through Monday, March 12, 2012, shall be as follows: Friday, January 27 through Sunday, January 29..............in adjournment Monday, January 30.........................................................in session for legislative day 10 Tuesday, January 31.........................................................in session for legislative day 11 Wednesday, February 1 ...................................................in session for legislative day 12 Thursday, February 2 .......................................................in session for legislative day 13 234 JOURNAL OF THE SENATE Friday, February 3............................................................in session for legislative day 14 Saturday, February 4 and Sunday, February 5.................in adjournment Monday, February 6.........................................................in session for legislative day 15 Tuesday, February 7.........................................................in session for legislative day 16 Wednesday, February 8 ...................................................in session for legislative day 17 Thursday, February 9 .......................................................in session for legislative day 18 Friday, February 10 through Tuesday, February 14 ........in adjournment Wednesday, February 15 .................................................in session for legislative day 19 Thursday, February 16 .....................................................in session for legislative day 20 Friday, February 17..........................................................in session for legislative day 21 Saturday, February 18 through Monday, February 20.....in adjournment Tuesday, February 21.......................................................in session for legislative day 22 Wednesday, February 22 .................................................in session for legislative day 23 Thursday, February 23 .....................................................in session for legislative day 24 Friday, February 24..........................................................in session for legislative day 25 Saturday, February 25 and Sunday, February 26.............in adjournment Monday, February 27.......................................................in session for legislative day 26 Tuesday, February 28.......................................................in session for legislative day 27 Wednesday, February 29 .................................................in session for legislative day 28 Thursday, March 1 through Sunday, March 4 .................in adjournment Monday, March 5.............................................................in session for legislative day 29 Tuesday, March 6.............................................................in adjournment Wednesday, March 7 .......................................................in session for legislative day 30 Thursday, March 8 through Sunday, March 11 ...............in adjournment Monday, March 12...........................................................in session for legislative day 31 BE IT FURTHER RESOLVED that on and after March 12, 2012, the periods of adjournment of the 2012 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. Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, February 3, 2012. The motion prevailed, and the President announced the Senate adjourned at 12:21 p.m. FRIDAY, FEBRUARY 3, 2012 235 Senate Chamber, Atlanta, Georgia Friday, February 3, 2012 Fourteenth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Hooks of the 14th 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 475. By Representatives Powell of the 171st, Roberts of the 154th, Rynders of the 152nd, Cheokas of the 134th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the O.C.G.A., the "Development Authorities Law," so as amend the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two integrated for purposes of trade, commerce, industry, or employment opportunities; to provide that such term includes highway facilities, surface transportation projects, and projects that are related to transportation; to provide for severability in the event a portion of this Act is found to be unconstitutional; to repeal conflicting laws; and for other purposes. HB 752. By Representative Holmes of the 125th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description 236 HB 753. HB 763. HB 764. JOURNAL OF THE SENATE of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Holmes of the 125th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Atwood of the 179th, Pak of the 102nd, Willard of the 49th, Ramsey of the 72nd and Maddox of the 127th: A BILL to be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify that certain persons shall be ineligible to serve as trial or grand jurors; to provide for the use of jurors summoned prior to the compilation of county master jury lists; to revise provisions relating to the qualifications of grand jurors; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 765. HB 784. HB 803. HB 812. FRIDAY, FEBRUARY 3, 2012 237 By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th and Cooke of the 18th: A BILL to be entitled an Act to amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 238 JOURNAL OF THE SENATE 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 815. By Representative Kidd of the 141st: A BILL to be entitled an Act to create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 823. By Representatives Welch of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th, Mayo of the 91st and others: A BILL to be entitled an Act to abolish the office of elected county surveyor of Henry County; to provide for the appointment of a county surveyor; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. The House insists on its position in amending the Senate substitute, and has appointed a Committee of Conference on the part of the House to confer with a like committee on the part of the Senate on the following Bill of the House: HB 129. By Representatives McKillip of the 115th, Lindsey of the 54th, Hatfield of the 177th, Evans of the 40th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; 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 McKillip of the 115th, Jacobs of the 80th, and Allison of the 8th. FRIDAY, FEBRUARY 3, 2012 239 The following Senate legislation was introduced, read the first time and referred to committee: SB 375. By Senators Ginn of the 47th, Goggans of the 7th, Jackson of the 2nd, Cowsert of the 46th, Miller of the 49th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions regarding health, so as to provide definitions; to provide for certain disclosures regarding the materials used in making dental prosthetics and other dental appliances; to provide for sanctions for failure to make such disclosures and comply with the provisions of this Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 376. By Senators Carter of the 1st, Williams of the 19th, Jackson of the 2nd and Goggans of the 7th: 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 add mandatory reporting provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 377. By Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th and Hill of the 32nd: A BILL to be entitled an Act to amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to provide that certain circulators of petitions shall be required to verify the identity of persons signing the petition; to provide for acceptable identification; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 378. By Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th, Bethel of the 54th and Jackson of the 2nd: 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 revise a definition; to provide for certain changes to the definition of written 240 JOURNAL OF THE SENATE prescriptions for dangerous drugs; to add to provisions concerning unlawful offering or selling of certain drugs; to provide for increase of penalties for violation of certain laws; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 379. By Senators Chance of the 16th, Mullis of the 53rd, Stoner of the 6th, Jackson of the 2nd, Albers of the 56th and others: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for limitations regarding certain fees or taxes for pawnbroker transactions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. The following House legislation was read the first time and referred to committee: HB 475. By Representatives Powell of the 171st, Roberts of the 154th, Rynders of the 152nd, Cheokas of the 134th, Meadows of the 5th and others: A BILL to be entitled an Act to amend Chapter 62 of Title 36 of the O.C.G.A., the "Development Authorities Law," so as amend the definition of the term "project" to include facilities owned by a public or private entity or a combination of the two integrated for purposes of trade, commerce, industry, or employment opportunities; to provide that such term includes highway facilities, surface transportation projects, and projects that are related to transportation; to provide for severability in the event a portion of this Act is found to be unconstitutional; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 752. By Representative Holmes of the 125th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this FRIDAY, FEBRUARY 3, 2012 241 Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 753. By Representative Holmes of the 125th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 763. By Representatives Atwood of the 179th, Pak of the 102nd, Willard of the 49th, Ramsey of the 72nd and Maddox of the 127th: A BILL to be entitled an Act to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify that certain persons shall be ineligible to serve as trial or grand jurors; to provide for the use of jurors summoned prior to the compilation of county master jury lists; to revise provisions relating to the qualifications of grand jurors; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the Judiciary Committee. HB 764. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; 242 JOURNAL OF THE SENATE to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 765. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 784. By Representatives Maxwell of the 17th and Cooke of the 18th: A BILL to be entitled an Act to amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 803. By Representative Ralston of the 7th: A BILL to be entitled an Act to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. FRIDAY, FEBRUARY 3, 2012 243 HB 812. By Representatives Hembree of the 67th, Hightower of the 68th, Bruce of the 64th and Brooks of the 63rd: A BILL to be entitled an Act to amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 815. By Representative Kidd of the 141st: A BILL to be entitled an Act to create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 823. By Representatives Welch of the 110th, Yates of the 73rd, Mosby of the 90th, Baker of the 78th, Mayo of the 91st and others: A BILL to be entitled an Act to abolish the office of elected county surveyor of Henry County; to provide for the appointment of a county surveyor; to provide for contingent 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 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: 244 JOURNAL OF THE SENATE SB 322 SB 343 Do Pass by substitute Do Pass Respectfully submitted, Senator Hill of the 32nd 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 371 Do Pass by substitute Respectfully submitted, Senator Goggans of the 7th District, Chairman The following legislation was read the second time: HB 675 SB 357 SB 77 SR 715 SB 269 SB 333 SB 351 SB 352 Senator Mullis of the 53rd 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 of the United States of America and to the flag of Georgia. The President introduced the chaplain of the day, Senator Hardie Davis of Gracewood, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 782. By Senators Carter of the 1st, Williams of the 19th, Millar of the 40th and Bethel of the 54th: A RESOLUTION commending the 2012 Exceptional Adult Georgian in Literacy Education delegates; and for other purposes. SR 783. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION honoring and celebrating the 100th birthday of Mary Hudmon Simmons; and for other purposes. FRIDAY, FEBRUARY 3, 2012 245 Senator Stoner of the 6th introduced the doctor of the day, Dr. Angelo Galante. Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1238 until 1:00 p.m. Monday, February 6, 2012; the motion prevailed, and at 9:35 a.m. the President announced the Senate adjourned. 246 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, February 6, 2012 Fifteenth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Chance of the 16th 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 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II). HB 806. By Representatives Roberts of the 154th, England of the 108th, Houston of the 170th, Meadows of the 5th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, so as to provide for the mandatory appropriation of motor fuel tax funds that carry forward from one fiscal year to the next; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 829. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 MONDAY, FEBRUARY 6, 2012 247 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; 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 380. By Senators Carter of the 1st, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; 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 381. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Hill of the 4th, Stone of the 23rd, Crane of the 28th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government general provisions, so as to change certain definitions relating to the electronic transmission of budgets; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 382. By Senators Shafer of the 48th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. 248 JOURNAL OF THE SENATE SB 383. By Senators Hamrick of the 30th, McKoon of the 29th, Stone of the 23rd, Carter of the 42nd and Bethel of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for arbitration, so as to repeal Part 2, relating to international transactions; to provide for a short title; to provide for a statement of purpose; to provide for applicability; to provide for definitions; to provide for procedure; to provide for court intervention; to provide for an arbitration agreement; to provide for selection and disqualification of arbitrators; to provide for challenges to arbitrator selection and substitution of arbitrators; 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 384. By Senators Ramsey, Sr. of the 43rd, Wilkinson of the 50th, Henson of the 41st, Stoner of the 6th and Carter of the 42nd: A BILL to be entitled an Act to amend Code Section 12-8-40.2, relating to yard trimmings disposal regulations, so as to provide that commercial lawn and landscape companies shall not deposit grass trimmings, leaves, or other debris in any public street within 50 meters of a storm drain; to provide for a penalty; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 385. By Senators Shafer of the 48th, Goggans of the 7th, Bethel of the 54th and McKoon of the 29th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection; to revise certain provisions regarding reinsurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 386. By Senators Grant of the 25th and Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to MONDAY, FEBRUARY 6, 2012 249 advanced practice registered nurses, so as to revise provisions relating to the delegation of authority to order radiographic imaging tests; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 387. By Senators Mullis of the 53rd, Hamrick of the 30th, Crosby of the 13th, Tolleson of the 20th and Hill of the 32nd: A BILL to be entitled an Act to amend Article 2 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the powers and duties of the Secretary of State, so as to create a will registry within the office of the Secretary of State; to provide for the administration of such registry; to provide for access to such registry; to provide for fees for registering a will and searching the registry; to provide that the existence or nonexistence of an entry in the will registry shall have no effect on the validity or invalidity of a will; to provide that the Secretary of State shall not be responsible for the accuracy of the information submitted; to provide for rules and regulations; 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 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II). Referred to the Appropriations Committee. HB 806. By Representatives Roberts of the 154th, England of the 108th, Houston of the 170th, Meadows of the 5th, Davis of the 109th and others: A BILL to be entitled an Act to amend Code Section 32-2-2 of the Official Code of Georgia Annotated, relating to the powers and duties of the Department of Transportation, so as to provide for the mandatory appropriation of motor fuel tax funds that carry forward from one fiscal year to the next; 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. 250 JOURNAL OF THE SENATE HB 829. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. The following committee 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 700 HB 755 HB 757 Do Pass by substitute Do Pass Do Pass HB 754 HB 756 SB 363 Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: SB 322 SB 343 The following Senators were excused for business outside the Senate Chamber: Jackson of the 24th Ramsey, Sr. of the 43rd Thompson of the 33rd Miller of the 49th Sims of the 12th Tolleson of the 20th Mullis of the 53rd Tate of the 38th Senator Chance of the 16th asked unanimous consent that Senator Staton of the 18th be excused. The consent was granted, and Senator Staton was excused. Senator Chance of the 16th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator Chance of the 16th asked unanimous consent that Senator Williams of the 19th be excused. The consent was granted, and Senator Williams was excused. MONDAY, FEBRUARY 6, 2012 251 Senator Bethel of the 54th asked unanimous consent that Senator Loudermilk of the 52nd be excused. The consent was granted, and Senator Loudermilk was excused. Senator Bethel of the 54th asked unanimous consent that Senator Wilkinson of the 50th be excused. The consent was granted, and Senator Wilkinson was excused. Senator Bethel of the 54th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Balfour of the 9th asked unanimous consent that Senator Hamrick of the 30th be excused. The consent was granted, and Senator Hamrick was excused. The roll was called and the following Senators answered to their names: Balfour Bethel Bulloch Butler Carter, J Chance Davenport Davis Fort Golden Grant Harbison Heath Henson Hill, Jack Hooks Jackson, L James Jeffares Jones Millar Murphy Orrock Paris Seay Stoner Thompson, C Not answering were Senators: Albers Crane Goggans Hill, Judson (Excused) Loudermilk (Excused) Mullis (Excused) Shafer Stone Tippins Wilkinson (Excused) Carter, B. Crosby Gooch Jackson, B. (Excused) McKoon Ramsey (Excused) Sims (Excused) Tate (Excused) Tolleson (Excused) Williams (Excused) Cowsert Ginn Hamrick (Excused) Ligon Miller (Excused) Rogers (Excused) Staton (Excused) Thompson, S. (Excused) Unterman The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Albers Crane Goggans McKoon Tippins Williams Carter, B. Crosby Gooch Shafer Unterman Cowsert Ginn Ligon Stone Wilkinson 252 JOURNAL OF THE SENATE The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Heath of the 31st introduced the chaplain of the day, Pastor Tony Samples of Dallas, Georgia, who offered scripture reading and prayer. Senator Davenport of the 44th introduced the doctor of the day, Dr. Steven A. Muller. Senator Orrock of the 36th recognized February 6, 2012, as Multi-Agency Alliance for Children Day at the capitol, commended by SR 795, adopted today. Heather Rowles, Executive Director of MAAC, addressed the Senate briefly. The following resolutions were read and adopted: SR 784. By Senator Butler of the 55th: A RESOLUTION recognizing and commending the Honorable Judge Velma Tilley; and for other purposes. SR 785. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Ms. Nickie Stockel; and for other purposes. SR 786. By Senator Butler of the 55th: A RESOLUTION recognizing and commending the 2011 Child Fatality Review Committee of the Year from Gwinnett County; and for other purposes. SR 787. By Senators Davenport of the 44th, Ramsey, Sr. of the 43rd, Davis of the 22nd and Sims of the 12th: A RESOLUTION recognizing and commending Vikki Howell on the occasion of her retirement; and for other purposes. SR 788. By Senators Davenport of the 44th, Ramsey, Sr. of the 43rd, Davis of the 22nd and Sims of the 12th: A RESOLUTION recognizing and commending Gloria Walden on the occasion of her retirement; and for other purposes. SR 789. By Senators Grant of the 25th and Mullis of the 53rd: A RESOLUTION recognizing and commending Georgia Ann Smith on the occasion of her retirement; and for other purposes. MONDAY, FEBRUARY 6, 2012 253 SR 790. By Senator Butler of the 55th: A RESOLUTION recognizing and commending Vanita Hullander; and for other purposes. SR 791. By Senators Mullis of the 53rd, Albers of the 56th, Unterman of the 45th, Goggans of the 7th, Gooch of the 51st and others: A RESOLUTION commending the emergency medical services professionals of Georgia and recognizing February 8, 2012, as Emergency Medical Services Day at the capitol; and for other purposes. SR 792. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending T.J. Yates; and for other purposes. SR 793. By Senators Hill of the 4th, Staton of the 18th and Carter of the 1st: A RESOLUTION commending Alvie Coes III; and for other purposes. SR 794. By Senators Grant of the 25th, Carter of the 1st, Unterman of the 45th and Hill of the 4th: A RESOLUTION recognizing and commending the Bristol-Myers Squibb Foundation, the CSX Corporation, and the Pineland, Gateway, and Satilla Community Service Boards; and for other purposes. SR 795. By Senator Orrock of the 36th: A RESOLUTION recognizing February 6, 2012, as Multi-Agency Alliance for Children Day at the capitol; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Monday February 6, 2012 Fifteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 254 SB 363 HB 700 HB 754 JOURNAL OF THE SENATE Golden of the 8th Bulloch of the 11th THOMAS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4203), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th EFFINGHAM COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE Hill of the 4th CANDLER COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Candler County, approved March 23, 1933 (Ga. L. 1933, p. 430), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 755 HB 756 HB 757 MONDAY, FEBRUARY 6, 2012 255 Hill of the 4th CANDLER COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Candler County, approved January 15, 1993 (Ga. L. 1993, p. 3529), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4145), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for qualifications and manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Grant of the 25th PUTNAM COUNTY A BILL to be entitled an Act to amend an Act to revise, modernize, and consolidate the provisions of local law relating to the State Court of Putnam County (formerly the County Court of Putnam County), approved April 4, 1997 (Ga. L. 1997, p. 3839), as amended, so as to provide that the local law provisions relating to the State Court of Putnam County shall be updated and consolidated; to provide for the furnishing of facilities for the court; to provide for terms of court; to provide for practice and procedure; to provide for the clerk of the court and for a court reporter; to provide for costs and for fines and bond amounts; to provide for the solicitor-general of the court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Grant of the 25th PUTNAM COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners for Putnam County, approved September 8, 1879 (Ga. L. 1878-79, p. 334), as amended, particularly by an Act approved May 14, 2003 (Ga. L. 2003, p. 3639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 256 JOURNAL OF THE SENATE The substitute to the following bill was put upon its adoption: *HB 700: A BILL TO BE ENTITLED AN ACT To amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), is amended by striking subsection (a) of Section 1-3 in its entirety and inserting in its place the following: "(a) The Board of Education of Effingham County which existed on the effective date of this Act is continued in existence. Those members of the Board of Education of Effingham County who are currently serving and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. The Board of Education of Effingham County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as they existed immediately prior to the effective date of this Act. Education Districts 1, 2, 3, 4, and 5 shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this section. Successor members and future successors to represent Education Districts 1 and 4 shall be elected at the primary election in 2014 and every four years thereafter. Successor members and future successors to represent Education Districts 2, 3, and 5 shall be elected at the primary election in 2012 and every four years thereafter." SECTION 2. It shall be the duty of the attorney of the Board of Education of Effingham County to submit this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended. MONDAY, FEBRUARY 6, 2012 257 SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 46, nays 0, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate Thompson, C E Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 46, nays 0. The bills on the Local Consent Calendar, except HB 700, having received the requisite constitutional majority, were passed. HB 700, having received the requisite constitutional majority, was passed by substitute. 258 JOURNAL OF THE SENATE Senator Grant of the 25th recognized 4-H Clubs of Georgia and declared February 6, 2012, as 4-H Day at the capitol, commended by SR 661, adopted previously. Georgia 4-H President Dowdy White addressed the Senate briefly. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, February 7, 2012. The motion prevailed, and the President announced the Senate adjourned at 2:07 p.m. TUESDAY, FEBRUARY 7, 2012 259 Senate Chamber, Atlanta, Georgia Tuesday, February 7, 2012 Sixteenth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 783. By Representative Hatchett of the 143rd: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 832. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, so as to eliminate the requirement that the royalty and license fee not exceed a certain amount; to repeal conflicting laws; and for other purposes. 260 JOURNAL OF THE SENATE HB 833. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County, approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 842. By Representatives Benfield of the 85th, Abrams of the 84th and Oliver of the 83rd: A BILL to be entitled an Act to amend an Act relating to the Board of Education of the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 847. By Representatives Maddox of the 172nd and Taylor of the 173rd: A BILL to be entitled an Act to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, particularly by an Act approved July 20, 2001 (Ga. L. 2001, Ex. Sess. p. 654), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1103. By Representatives Sims of the 119th, Murphy of the 120th, Howard of the 121st, Smith of the 122nd and Frazier of the 123rd: A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating a road in his memory; and for other purposes. TUESDAY, FEBRUARY 7, 2012 261 The following Senate legislation was introduced, read the first time and referred to committee: SB 388. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 389. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5782), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 390. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to the certification of seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. 262 JOURNAL OF THE SENATE SB 391. By Senators McKoon of the 29th, Gooch of the 51st, Miller of the 49th, Chance of the 16th, Shafer of the 48th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to substantially revise the "Ethics in Government Act"; to rename the Georgia Government Transparency and Campaign Finance Commission as the State Accountability Commission; to change certain provisions relating to campaign contributions; to change provisions relating to public officials' conduct and lobbyist disclosure; to change provisions relating to postemployment restrictions on public officers; to amend Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, so as to conform certain cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. SB 392. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Marion County, approved April 18, 2002 (Ga. L. 2002, p. 3794), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3746), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 393. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, FEBRUARY 7, 2012 263 SB 394. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 395. By Senators Heath of the 31st, Rogers of the 21st, Shafer of the 48th, Crane of the 28th and Hill of the 32nd: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow certain such taxes to be imposed at a rate of less than 1 percent; 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 396. By Senators Chance of the 16th, Jackson of the 24th, Miller of the 49th, Jeffares of the 17th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to change certain provisions relating to the Herty Advanced Materials Development Center; to rename the center and transfer governance of the center to the Board of Regents of the University System of Georgia; to provide for an advisory board; to redesignate said provisions into 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; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 397. By Senator Miller of the 49th: A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 264 JOURNAL OF THE SENATE (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4915), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 398. By Senators James of the 35th, Davenport of the 44th, Seay of the 34th, Fort of the 39th and Orrock of the 36th: 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 Africa Partnership Division of the department; to provide a short title; to provide for personnel, operation, and powers and duties of the division; to authorize the operation of projects; to provide for the general purpose of the division in promoting partnership between Africa and the State of Georgia and to authorize specific activities to promote economic development, cultural exchange, and other beneficial activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 399. By Senator Golden of the 8th: A BILL to be entitled an Act to amend Article 8 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to consolidation of independent and county school systems, so as to provide for an election to dissolve an independent school system in the event that it becomes financially insolvent; to require a majority vote of the qualified voters in both the independent school district and the county school district; to provide that an election to dissolve by petition may not be held more often than every 36 months; 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. SR 801. By Senators Albers of the 56th and Mullis of the 53rd: A RESOLUTION opposing the utilization of incarcerated inmates to staff municipal and county fire stations; and for other purposes. Referred to the State Institutions and Property Committee. TUESDAY, FEBRUARY 7, 2012 265 The following House legislation was read the first time and referred to committee: HB 783. By Representative Hatchett of the 143rd: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 832. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, so as to eliminate the requirement that the royalty and license fee not exceed a certain amount; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 833. By Representative Hanner of the 148th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County, approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 842. By Representatives Benfield of the 85th, Abrams of the 84th and Oliver of the 83rd: A BILL to be entitled an Act to amend an Act relating to the Board of Education of the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 266 JOURNAL OF THE SENATE 4351), so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 847. By Representatives Maddox of the 172nd and Taylor of the 173rd: A BILL to be entitled an Act to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, particularly by an Act approved July 20, 2001 (Ga. L. 2001, Ex. Sess. p. 654), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1103. By Representatives Sims of the 119th, Murphy of the 120th, Howard of the 121st, Smith of the 122nd and Frazier of the 123rd: A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating a road in his memory; and for other purposes. Referred to the Transportation 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 110 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman TUESDAY, FEBRUARY 7, 2012 267 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 48 SB 332 Do Pass Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 709 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman Senator Shafer of the 48th asked unanimous consent that Senator McKoon of the 29th be excused. The consent was granted, and Senator McKoon was excused. Senator Bethel of the 54th asked unanimous consent that Senator Loudermilk of the 52nd be excused. The consent was granted, and Senator Loudermilk was excused. Senator Staton of the 18th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused. Senator Crane of the 28th asked unanimous consent that Senator Murphy of the 27th be excused. The consent was granted, and Senator Murphy was excused. Senator Davis of the 22nd asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Seay of the 34th asked unanimous consent that Senator Jackson of the 2nd be excused. The consent was granted, and Senator Jackson was excused. Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. 268 JOURNAL OF THE SENATE 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 Fort of the 39th 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: Albers Balfour Bethel Bulloch Butler Carter, B Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Jones Ligon Millar Miller Mullis Paris Rogers Seay Shafer Sims Staton Stone Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Carter, J. Jackson, L. (Excused) Murphy (Excused) Stoner Chance (Excused) Loudermilk (Excused) Orrock Tate (Excused) Fort (Excused) McKoon (Excused) Ramsey (Excused) Thompson, C. (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 Stoner The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator McKoon of the 29th introduced the chaplain of the day, Archbishop Wilton Gregory of Smyrna, Georgia, who offered scripture reading and prayer. Senator McKoon of the 29th recognized February 7, 2012, as Catholic Day at the state capitol, commended by SR 780, adopted previously. Archbishop Wilton Gregory addressed the Senate briefly. TUESDAY, FEBRUARY 7, 2012 269 Senator Harbison of the 15th recognized February 7, 2012, as Columbus Day at the state capitol, commended by SR 698, adopted previously. Mayor Teresa Tomlinson and the President of the Columbus Chamber of Commerce, Jay Alexander, addressed the Senate briefly. Senator Unterman of the 45th recognized Girl Scouts of the United States of America on the occasion of its 100th anniversary and declared 2012 as Year of the Girl, commended by SR 709, adopted previously. Katherine Keena, impersonating Juliette Gordon Low, addressed the Senate briefly. Senator Fort of the 39th introduced the doctor of the day, Dr. Elizabeth Morgan. Senator Loudermilk of the 52nd recognized Sherwood Baptist Church, commended by SR 800, adopted today. Stephen and Alex Kendrick addressed the Senate briefly. The following resolutions were read and adopted: SR 796. By Senator Bulloch of the 11th: A RESOLUTION recognizing and commending Dr. Sandra B. Reed; and for other purposes. SR 797. By Senators Staton of the 18th and Paris of the 26th: A RESOLUTION recognizing and commending Wesleyan College; and for other purposes. SR 798. By Senator Bulloch of the 11th: A RESOLUTION recognizing February 7, 2012, as Equine Youth Day at the state capitol; and for other purposes. SR 799. By Senator Davis of the 22nd: A RESOLUTION recognizing and commending the winner of the 2011 Rick Perkins Award for Excellence in Technical Instruction, Karon Green Walton; and for other purposes. SR 800. By Senators Loudermilk of the 52nd, Rogers of the 21st, Davis of the 22nd, Williams of the 19th, Shafer of the 48th and others: A RESOLUTION recognizing and commending the staff and members of Sherwood Baptist Church on their overwhelming success on the film Courageous; and for other purposes. 270 JOURNAL OF THE SENATE SR 802. By Senator Miller of the 49th: A RESOLUTION recognizing February 9, 2012, as Gainesville-Hall County Day at the capitol; and for other purposes. SR 803. By Senators Chance of the 16th, Harbison of the 15th, Jeffares of the 17th and Mullis of the 53rd: A RESOLUTION commending the National Apartment Association Education Institute and recognizing the month of February as National Apartment Careers Month; and for other purposes. SR 804. By Senators James of the 35th, Davenport of the 44th, Seay of the 34th and Fort of the 39th: A RESOLUTION recognizing and commending Ambassador Cheick Sidi Diarra; and for other purposes. SR 805. By Senators James of the 35th, Davenport of the 44th, Seay of the 34th and Fort of the 39th: A RESOLUTION recognizing and commending Cory Francis; and for other purposes. SR 806. By Senators James of the 35th, Davenport of the 44th, Seay of the 34th and Fort of the 39th: A RESOLUTION honoring the life and memory of Arnold Delano Willingham, Sr.; and for other purposes. SR 807. By Senators James of the 35th, Davenport of the 44th, Davis of the 22nd, Seay of the 34th and Fort of the 39th: A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing March 7, 2012, as the 11th annual Clergy Day at the capitol; and for other purposes. SR 808. By Senators James of the 35th, Davenport of the 44th, Davis of the 22nd, Seay of the 34th and Fort of the 39th: A RESOLUTION commending the Transverse Myelitis Association and recognizing February 15, 2012, as Health Awareness Day at the capitol; and for other purposes. TUESDAY, FEBRUARY 7, 2012 271 SR 809. By Senators James of the 35th, Davenport of the 44th, Davis of the 22nd, Seay of the 34th and Fort of the 39th: A RESOLUTION recognizing February 15, 2012, as Transverse Myelitis Awareness Day at the capitol; and for other purposes. SR 810. By Senators Goggans of the 7th, Williams of the 19th, Hill of the 32nd, Tolleson of the 20th and Hill of the 4th: A RESOLUTION recognizing February 9, 2012, as "Community Health Centers Day"; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday February 7, 2012 Sixteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 709 Carter of the 1st BRYAN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Bryan County, approved March 16, 1978 (Ga. L. 1978, p. 3774), as amended, specifically by an Act approved September 15, 2001 (Ga. L. 2001 Ex. Sess., p. 290), so as to reconstitute the board of education; to change the description of the education districts; to provide for continuation in office of certain current board members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for 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: 272 JOURNAL OF THE SENATE Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson 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. Senator Grant of the 25th recognized the firefighters of Georgia and observed the 40th annual Firefighters' Recognition Day on February 7, 2012, commended by SR 660, adopted previously. Senator Carter of the 42nd was excused for business outside the Senate Chamber. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR TUESDAY, FEBRUARY 7, 2012 SIXTEENTH LEGISLATIVE DAY SB 337 Insurance; limitations on licensure requirements for certain health care providers (I&L-7th) SB 339 Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Dept. of Natural Resources and State Forestry Commission (TRANS-49th) TUESDAY, FEBRUARY 7, 2012 273 HB 675 Nurses; approved nursing education programs; revise definitions (H&HS-45th) Cooper-41st Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 337. By Senators Goggans of the 7th, Unterman of the 45th, Cowsert of the 46th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Carter of the 1st and Goggans of the 7th offered the following amendment #1: Amend SB 337 (LC 33 4407) by inserting after "providers" on lines 3 and 4 "and pharmacists". By substituting "physicians, dentists, and pharmacists" on lines 11 and 13 for "physicians and dentists". By deleting line 16 and inserting in its place the following: (b) The Georgia Composite Medical Board, the Georgia Board of Dentistry, and the Georgia State Board of Pharmacy shall be Senator Carter of the 1st asked unanimous consent that his amendment be withdrawn. The consent was granted, and the amendment was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris Y Ramsey 274 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B E Jackson, L Y James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 5. SB 337, having received the requisite constitutional majority, was passed. SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Miller of the 49th offered the following amendment #1: Amend SB 339 LC 25 5986 EC by striking the number "23" on line 25 and inserting in place thereof the number "25"; and by striking the number "23" on line 194 and inserting in place thereof the number "25". TUESDAY, FEBRUARY 7, 2012 275 On the adoption of the amendment, there were no objections, and the Miller amendment #1 to the committee substitute 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 Albers N Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins N Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 5. SB 339, having received the requisite constitutional majority, was passed as amended. Senator Thompson of the 33rd was excused for business outside the Senate Chamber. HB 675. By Representatives Cooper of the 41st, Harden of the 147th, Wilkinson of the 52nd, Kaiser of the 59th, Watson of the 163rd and others: A BILL to be entitled an Act to amend Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to revise the definitions of "approved nursing education programs" for registered professional nurses and licensed practical nurses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. 276 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 675, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Ronnie Chance District 16 109 State Capitol Atlanta, GA 30334 Committees: Economic Development Banking and Financial Institutions Ethics Finance Higher Education Reapportionment and Redistricting The State Senate Atlanta, Georgia 30334 February 7, 2012 TUESDAY, FEBRUARY 7, 2012 277 Mr. Bob Ewing, Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Secretary Ewing, After careful consideration, I would like my name to be removed from Senate Bill 391. I appreciate your assistance in this matter. Sincerely, /s/ Ronnie Chance Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Wednesday, February 8, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:57 p.m. 278 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 8, 2012 Seventeenth 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 642. By Representatives Collins of the 27th, Hamilton of the 23rd, England of the 108th, Meadows of the 5th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the Official Code of Georgia Annotated, 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 amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal specific laws; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 711. By Representatives Lindsey of the 54th, Atwood of the 179th, Houston of the 170th, Benfield of the 85th and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 5 of the Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to change provisions relating to spousal privilege in criminal proceedings; to provide HB 725. HB 760. WEDNESDAY, FEBRUARY 8, 2012 279 certain exceptions to the general rule of privilege; to provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers; to provide for definitions; to provide for a waiver of confidentiality; to provide for admissibility of certain information; to provide for exceptions; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 23rd, Powell of the 171st, Sheldon of the 105th, Powell of the 29th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to selection and qualification of candidates and presidential electors, so as to provide for reopening of qualifying periods under certain circumstances; to change certain provisions relating to filing notice of candidacy, nomination petition, and affidavit, payment of qualifying fee, pauper's affidavit and qualifying petition for exemption from qualifying fee, and military service; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy; to change certain provisions relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th 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 for elementary and secondary education, so as to replace the exceptional growth program with an expansion of the maximum entitlement level for regular capital outlay earnings; to increase requirements relating to the advance funding program; to eliminate requirements for a nonbinding referendum for a school closure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 280 JOURNAL OF THE SENATE HB 805. By Representative Collins of the 27th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services as provided by a separate Act; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes. HB 841. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4124), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: HR 1151. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, Teasley of the 38th, Allison of the 8th and others: A RESOLUTION creating the Joint Human Trafficking Study Commission; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 400. By Senators Davenport of the 44th, Henson of the 41st, Butler of the 55th, Fort of the 39th, Jones of the 10th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to mandate certain conduct when a person is WEDNESDAY, FEBRUARY 8, 2012 281 reported missing; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 401. By Senators Carter of the 1st, Chance of the 16th, Carter of the 42nd, Williams of the 19th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to generation and distribution of electricity generally, so as to change certain provisions relating to "The Georgia Cogeneration and Distributed Generation Act of 2001"; to provide for declaration of policy; to provide for definitions; to provide for the financing of distributed generation through leases, power purchase agreements, and other financing mechanisms; to change certain provisions relating to rates and fees of electric service providers; to change certain provisions relating to the purchase of energy from customer generators; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 402. By Senators Golden of the 8th, Millar of the 40th, Stoner of the 6th, Rogers of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide a short title; to define certain terms relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to the Employees' Retirement System of Georgia; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to amend Code Section 50-1872 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 403. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: 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 282 JOURNAL OF THE SENATE as to revise provisions relating to school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 404. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. SB 405. By Senators Miller of the 49th, Jackson of the 24th, Wilkinson of the 50th, Orrock of the 36th, Albers of the 56th and others: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the office of student achievement, so as to provide that a private college that submits confidential student data and records to the Department of Education shall not be liable for the breach of the confidentiality of such data and records by the Department of Education; 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 406. By Senators Sims of the 12th, Stoner of the 6th, Hooks of the 14th, Tate of the 38th, Butler of the 55th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to early care and learning, so as to give a short title to a Code section relating to emergency closure of an early care and education program upon the death of a minor or under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. WEDNESDAY, FEBRUARY 8, 2012 283 SR 819. By Senators Davis of the 22nd, Thompson of the 33rd, Mullis of the 53rd, Staton of the 18th and Stone of the 23rd: A RESOLUTION creating the Senate Alternative Sustainable Transportation Study Committee; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 642. By Representatives Collins of the 27th, Hamilton of the 23rd, England of the 108th, Meadows of the 5th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the Official Code of Georgia Annotated, 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 amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal specific laws; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 711. By Representatives Lindsey of the 54th, Atwood of the 179th, Houston of the 170th, Benfield of the 85th and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 5 of the Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to change provisions relating to spousal privilege in criminal proceedings; to provide certain exceptions to the general rule of privilege; to provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers; to provide for definitions; to provide for a waiver of confidentiality; to provide for admissibility of certain information; to provide for exceptions; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 284 JOURNAL OF THE SENATE HB 725. By Representatives Hamilton of the 23rd, Powell of the 171st, Sheldon of the 105th, Powell of the 29th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to selection and qualification of candidates and presidential electors, so as to provide for reopening of qualifying periods under certain circumstances; to change certain provisions relating to filing notice of candidacy, nomination petition, and affidavit, payment of qualifying fee, pauper's affidavit and qualifying petition for exemption from qualifying fee, and military service; to change certain provisions relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy; to change certain provisions relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 760. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th 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 for elementary and secondary education, so as to replace the exceptional growth program with an expansion of the maximum entitlement level for regular capital outlay earnings; to increase requirements relating to the advance funding program; to eliminate requirements for a nonbinding referendum for a school closure; 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. HB 805. By Representative Collins of the 27th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services as provided by a separate Act; to provide an effective date; to provide for contingent automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. WEDNESDAY, FEBRUARY 8, 2012 285 HB 841. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4124), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 1151. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, Teasley of the 38th, Allison of the 8th and others: A RESOLUTION creating the Joint Human Trafficking Study Commission; and for other purposes. Referred to the Health and Human Services Committee. The following committee reports were read by the Secretary: Mr. President: The Public Safety Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 238 SB 366 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Grant of the 25th 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: 286 JOURNAL OF THE SENATE SB 246 SB 286 Do Pass Do Pass Respectfully submitted, Senator Golden of the 8th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 107 Do Pass by substitute Respectfully submitted, Senator Thompson of the 5th 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 815 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman Mr. President: The State and Local Governmental Operations (General) Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 358 SB 371 Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: SB 332 WEDNESDAY, FEBRUARY 8, 2012 287 Senator Staton of the 18th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator Goggans of the 7th asked unanimous consent that Senator Millar of the 40th be excused. The consent was granted, and Senator Millar 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 Loudermilk of the 52nd asked unanimous consent that Senator Bethel of the 54th be excused. The consent was granted, and Senator Bethel was excused. Senator Fort of the 39th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Jones Ligon Loudermilk McKoon Miller Mullis Murphy Paris Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Bethel (Excused) Orrock (Excused) Jackson, L. Ramsey (Excused) Millar (Excused) Rogers (Excused) Senator Jackson of the 2nd was off the floor of the Senate when the roll was called and wished to be recorded as present. 288 JOURNAL OF THE SENATE The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Miller of the 49th introduced the chaplain of the day, Pastor Jeff Benefield of Flowery Branch, Georgia, who offered scripture reading and prayer. Senator James of the 35th introduced the doctor of the day, Dr. Jada Moore-Ruffin. Senator Heath of the 31st recognized Sergeant Danny Crook, commended by SR 764, adopted previously. Sergeant Danny Crook addressed the Senate briefly. The following resolutions were read and adopted: SR 811. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Christian Farrar for being the first place winner of the Fire Safety Essay Contest; and for other purposes. SR 812. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending the Sequoyah High School speech and debate team; and for other purposes. SR 813. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Madison Gilbert; and for other purposes. SR 814. By Senator Heath of the 31st: A RESOLUTION recognizing February 8, 2012, as Sportsmen's and Coastal Day at the capitol; and for other purposes. SR 815. By Senators Unterman of the 45th, Balfour of the 9th and Shafer of the 48th: A RESOLUTION recognizing and commending Stan L. Hall on the occasion of his retirement; and for other purposes. SR 816. By Senators Staton of the 18th, Tolleson of the 20th and Paris of the 26th: A RESOLUTION congratulating Warner Robins on making it to the Little League World Series; and for other purposes. WEDNESDAY, FEBRUARY 8, 2012 289 SR 817. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Thermus Butler for being inducted into the Chattahoochee Valley Sports Hall of Fame; and for other purposes. SR 818. By Senator Harbison of the 15th: A RESOLUTION honoring and celebrating the 50th birthday of E.A. White Elementary School; and for other purposes. SR 820. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending PolyPortables; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday February 8, 2012 Seventeenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 815 Grant of the 25th MILLEDGEVILLE, GA A BILL to be entitled an Act to create the Central State Hospital Local Redevelopment Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for the membership and the appointment of members of the authority and their terms of office, qualifications, duties, powers, and compensation; to provide for 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: 290 JOURNAL OF THE SENATE Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson 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 Mullis of the 53rd recognized emergency medical services professionals of Georgia and recognized February 8, 2012, as Emergency Medical Services Day at the capitol, commended by SR 791, adopted previously. Kimberly Littleton addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Tolleson of the 20th SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 8, 2012 SEVENTEENTH LEGISLATIVE DAY SB 343 State Accounting Office; designate as the Comptroller General; transfer the office (GvtO-31st) WEDNESDAY, FEBRUARY 8, 2012 291 SB 351 Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction (Substitute) (JUDY-13th) SB 352 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment (Substitute) (JUDY-13th) 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 343. By Senators Heath of the 31st, Hill of the 32nd, Miller of the 49th, Chance of the 16th and Jackson of the 24th: 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 designate the state accounting officer as the Comptroller General; to transfer the office, functions, duties, and responsibilities of the Controller General from the Commissioner of Insurance to the State Accounting Office; to provide for related matters; to amend Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, so as to conform such provisions to reflect the change in the transfer of the position and duties of the Comptroller General to the state accounting officer; to provide effective dates; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner 292 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 4. SB 343, having received the requisite constitutional majority, was passed. SB 351. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 351: A BILL TO BE ENTITLED AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by revising Code Section 36-32-11, relating to required training for judges, as follows: "36-32-11. (a) All judges of the municipal courts, and all judges of courts exercising municipal court jurisdiction, shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter. (b) The Georgia Municipal Courts Training Council shall keep records of training WEDNESDAY, FEBRUARY 8, 2012 293 completed by municipal judges and judges of courts exercising municipal court jurisdiction. (c) If any municipal judge, or any judge of a court exercising municipal court jurisdiction, does not satisfactorily complete the required training in any year, the Georgia Municipal Courts Training Council shall promptly notify the Judicial Qualifications Commission, which shall may remove the municipal judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the municipal judge. (d) The reasonable costs and expenses of such training shall be paid by the governing authority of the municipality from municipal where the judge presides using the governing authority's funds." SECTION 2. Said chapter is further amended by revising Code Section 36-32-27, relating to mandatory training of municipal court judges, as follows: "36-32-27. (a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties, prior to December 31, 1991, and shall attend the first scheduled training session held after the date of his or her election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training. (b) Except as provided in subsection (d) of this Code section, any person who becomes a judge of a court exercising municipal court jurisdiction on or after July 1, 2012, who is not subject to subsection (a) of this Code section, shall satisfactorily complete 20 hours of training in the performance of his or her duties, prior to December 31, 2012, and shall attend the first scheduled training session held after the date of his or her election or appointment in order to become certified under this article. Any person serving as a judge of a court exercising municipal court jurisdiction prior to July 1, 2012, who is not subject to subsection (a) of this Code section, shall be exempt from completing these 20 hours of training. (b)(c) Except as provided in subsection (d) of this Code section, in In order to maintain the status of a certified municipal judge or a certified judge of a court exercising municipal court jurisdiction, each person certified as such he or she shall complete 12 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as municipal judge or as judge of a court exercising municipal court jurisdiction. (d) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 294 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 351, having received the requisite constitutional majority, was passed by substitute. SB 352. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in probate courts, municipal courts, and courts exercising municipal court jurisdiction; to provide for the process of such employment; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 352: WEDNESDAY, FEBRUARY 8, 2012 295 A BILL TO BE ENTITLED AN ACT To amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in municipal courts and courts exercising municipal court jurisdiction; to provide for the process of such employment; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by adding a new article to read as follows: "ARTICLE 5 15-18-90. (a) Municipal courts and courts exercising municipal court jurisdiction shall be authorized to employ full-time or part-time prosecuting attorneys to represent the jurisdiction in criminal proceedings in such court. The decision to employ prosecuting attorneys and the length and nature of each prosecuting attorney's employment shall be vested in the respective governing authority of the city served by such court. Any costs associated with creating an office for a prosecuting attorney, including approving personnel needs, shall be borne by the respective governing authority of the city served by such court. (b) A prosecuting attorney in a municipal court or court exercising municipal court jurisdiction may be known as the 'Solicitor of the ______ Court of _______.'" 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 Albers Y Balfour Y Bethel Bulloch Y Hamrick Y Harbison Y Heath Y Henson Y Orrock Y Paris Y Ramsey Y Rogers 296 JOURNAL OF THE SENATE Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Golden Y Gooch Y Grant Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 352, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Committees: Senator Frank Ginn State Institutions and Property District 47 Agriculture and Consumer Affairs 321-A Coverdell Legislative Office Building State and Local Governmental Operations Atlanta, GA 30334 Regulated Industries and Utilities The State Senate Atlanta, Georgia 30334 February 8, 2012 Robert Ewing Secretary Georgia State Senate 353 State Capitol Atlanta, Ga. 30334 Dear Mr. Secretary, Please let the journal read that I intended to vote in favor of Senate Bills 343, 351 and 352. I was busy outside of the Chamber attending to other legislative business and missed the clock. WEDNESDAY, FEBRUARY 8, 2012 297 I can be reached at 404-656-4700 for further information. Thank you, /s/ Frank Ginn Senator, District 47 Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334 Committees: Judiciary Rules Public Safety Appropriations Ethics Senator Bill Hamrick District 30 Mr. Secretary, After further consideration I would like to remove my signature from SB 401. Thanks, /s/ Bill Hamrick 2/8/12 Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE February 8th 2012 Secretary Bob Ewing State Senate Atlanta, GA 30334 298 JOURNAL OF THE SENATE Dear Bob: In accordance with senate rules, the Committee on Assignments has made the following committee officer appointments; Sen. Miriam Paris to Secretary of Veterans Affairs Sen. Horacena Tate as Secretary of Reapportionment and Redistricting Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 1 February 2012 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 Sam Wellborn was reelected as the member of the State Transportation Board from the 3rd Congressional District. He will serve for a term expiring April 15, 2017. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With all good wishes, I am, Respectfully, /s/ Wayne R. Allen Legislative Counsel WEDNESDAY, FEBRUARY 8, 2012 299 LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Sam Wellborn has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 3rd Congressional District for a term expiring April 15, 2017. /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable David Ralston Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2012, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Sam Wellborn was elected as a member of the State Transportation Board from the 3rd Congressional District to serve a term expiring April 15, 2017. Respectfully submitted, /s/ Honorable Steve Davis Representative, District 109 Chairman /s/ Honorable Valencia Seay Senator, District 34 Secretary 300 JOURNAL OF THE SENATE LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GEORGIA 30334 (404) 656-5000 1 February 2012 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 Jim Cole was reelected as the member of the State Transportation Board from the 8th Congressional District. He will serve for a term expiring April 15, 2017. This certificate is furnished to you pursuant to the provisions of O.C.G.A. Section 32-2-20. With all good wishes, I am, Respectfully, /s/ Wayne R. Allen Legislative Counsel LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 TO: HONORABLE BRIAN KEMP SECRETARY OF STATE This is to certify that Honorable Jim Cole has been reelected, pursuant to the provisions of O.C.G.A. Section 32-2-20, as a member of the State Transportation Board from the 8th Congressional District for a term expiring April 15, 2017. WEDNESDAY, FEBRUARY 8, 2012 301 /s/ Honorable Casey Cagle Lieutenant Governor /s/ Honorable David Ralston Speaker, House of Representatives LEGISLATIVE SERVICES COMMITTEE OFFICE OF LEGISLATIVE COUNSEL 316 STATE CAPITOL ATLANTA, GA 30334 (404) 656-5000 CERTIFICATION OF CAUCUS ELECTION Pursuant to the call for a caucus under the provisions of O.C.G.A. Section 32-2-20, a caucus was held on January 25, 2012, in the Senate Chamber of the State Capitol Building. At that caucus, Honorable Jim Cole was elected as a member of the State Transportation Board from the 8th Congressional District to serve a term expiring April 15, 2017. Respectfully submitted, /s/ Honorable Jay Roberts Representative, District 154 Chairman /s/ Honorable Johnny Grant Senator, District 25 Secretary Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Thursday, February 9, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:19 a.m. 302 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, February 9, 2012 Eighteenth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 342. By Representatives McKillip of the 115th, Lindsey of the 54th, Evans of the 40th and Houston of the 170th: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to define "family violence order"; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 839. By Representatives Maxwell of the 17th and Braddock of the 19th: A BILL to be entitled an Act to amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 9, 2012 303 The House has agreed to the Senate substitute to the following Bill of the House: HB 700. By Representatives Purcell of the 159th and Burns of the 157th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Effingham County, approved March 26, 1987 (Ga. L. 1987, p. 4596), as amended, particularly by an Act approved September 21, 2011 (Ga. L. 2011 Ex. Sess., p. 315), so to correct the dates of certain elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 407. By Senators Unterman of the 45th, Chance of the 16th and Miller of the 49th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the creation of the Health Strategies Council and the Clinical Laboratory, Blood Bank, and Tissue Bank Committee; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 408. By Senators Jeffares of the 17th, Unterman of the 45th, Shafer of the 48th, Gooch of the 51st, Bethel of the 54th and others: A BILL to be entitled an Act to amend Code Section 25-9-3 of the Official Code of Georgia Annotated, relating to definitions relative to the "Georgia Utility Facility Protection Act," so as to revise the definition of the term "excavation"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 409. By Senators James of the 35th, Davenport of the 44th, Paris of the 26th, Fort of the 39th, Tate of the 38th and others: A BILL to be entitled an Act to amend Chapter 27 of Title 50 of the Official Code of Georgia Annotated, relating to the lottery for education, so as to require the Georgia Lottery Corporation to conduct and publish a biannual 304 JOURNAL OF THE SENATE audit regarding the location and distribution of winning lottery tickets; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 411. By Senators Grant of the 25th, Mullis of the 53rd, Hamrick of the 30th, Williams of the 19th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to create the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a definition; to provide for the purposes of the authority; to provide for the membership of the authority; to provide for terms of the members; to provide for the administration of the authority; to provide for the powers of the authority; to provide for tax exempt status of the authority; to provide for jurisdiction of actions brought against the authority; to provide that moneys received by the authority shall be held as trust funds; to provide for liberal construction; to provide for related matters; to provide for the filing of proposed charges; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. THURSDAY, FEBRUARY 9, 2012 305 SR 828. By Senators McKoon of the 29th, Shafer of the 48th, Bethel of the 54th, Ligon, Jr. of the 3rd, Albers of the 56th and others: A RESOLUTION recognizing and condemning the effect of the Affordable Care Act on the American Catholic Church; and for other purposes. Referred to the Health and Human Services Committee. SR 834. By Senators James of the 35th, Davenport of the 44th, Paris of the 26th, Fort of the 39th, Tate of the 38th and others: A RESOLUTION urging health and wellness initiatives around this state to raise public awareness on constituency health and wellness issues; 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 342. By Representatives McKillip of the 115th, Lindsey of the 54th, Evans of the 40th and Houston of the 170th: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to stalking, so as to define "family violence order"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 839. By Representatives Maxwell of the 17th and Braddock of the 19th: A BILL to be entitled an Act to amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 306 JOURNAL OF THE SENATE 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 324 Do Pass SB 367 Do Pass SB 362 Do Pass SB 390 Do Pass Respectfully submitted, Senator Bulloch of the 11th 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 338 SB 361 SB 370 Do Pass Do Pass Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 316 SB 350 SB 383 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman THURSDAY, FEBRUARY 9, 2012 307 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 360 SB 369 Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 708 Do Pass HB 752 Do Pass HB 710 Do Pass HB 753 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: SB 238 SB 246 SB 286 SB 358 SB 366 SB 371 The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Thompson of the 33rd Senator Goggans of the 7th asked unanimous consent that Senator Shafer of the 48th be excused. The consent was granted, and Senator Shafer was excused. Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. Senator Davenport of the 44th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. 308 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Grant Hamrick Harbison Heath Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Rogers Seay Sims Staton Stone Stoner Tate Thompson, C Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) Henson (Excused) Golden (Excused) Shafer (Excused) Gooch Thompson, S. (Excused) Senator Gooch 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 of the United States of America and to the flag of Georgia. Senator Wilkinson of the 50th introduced the chaplain of the day, Pastor Jerrell Beatty of Toccoa, Georgia, who offered scripture reading and prayer. Senator Gooch of the 51st introduced the doctor of the day, Dr. Guillermo Pea. Senator Hooks of the 14th recognized the Georgia Peach Festival and the 2011 Georgia Peach Queens, commended by SR 740, adopted previously. Senator Balfour of the 9th recognized February 9, 2012, as State Restaurant Day at the state capitol and recognized the food service industry of Georgia, commended by SR 729, adopted previously. THURSDAY, FEBRUARY 9, 2012 309 Senator Bulloch of the 11th recognized the Georgia Young Farmers Association and recognized February 9, 2012, as Young Farmers Day at the state capitol, commended by SR 659, adopted previously. President Carla Payne addressed the Senate briefly. Senator Miller of the 49th recognized Jackson Electric Membership Corporation, commended by SR 757, adopted previously. President Randall Pugh addressed the Senate briefly. Senator Miller of the 49th recognized February 9, 2012, as Gainesville-Hall County Day at the capitol, commended by SR 802, adopted previously. David Abee addressed the Senate briefly. The following resolutions were read and adopted: SR 821. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Agni Kumar; and for other purposes. SR 822. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Webb Bridge Middle School's Academic Bowl team; and for other purposes. SR 823. By Senator Rogers of the 21st: A RESOLUTION commending the Milton High School football team members selected to the first and second All Region 6-AAAAA football teams; and for other purposes. SR 824. By Senator Rogers of the 21st: A RESOLUTION recognizing Ocee Elementary School's Art Calendar Contest winners; third grade student Lexi Kapper and second grade student Anika Patel; and for other purposes. SR 825. By Senators Jones of the 10th, Harbison of the 15th, Davenport of the 44th, James of the 35th, Sims of the 12th and others: A RESOLUTION recognizing the Greater Atlanta McDonald's Operators Association; and for other purposes. 310 JOURNAL OF THE SENATE SR 826. By Senators Jones of the 10th, Jeffares of the 17th and Davenport of the 44th: A RESOLUTION commending Ola High School's Marching Mustangs; and for other purposes. SR 827. By Senators Cowsert of the 46th, Carter of the 1st, Ginn of the 47th and Chance of the 16th: A RESOLUTION honoring the Hugh Hodgson School of Music at the University of Georgia; and for other purposes. SR 829. By Senator Unterman of the 45th: A RESOLUTION recognizing Principal John Campbell and commending Frank N. Osborne Middle School; and for other purposes. SR 830. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mia K. Rice; and for other purposes. SR 831. By Senators Sims of the 12th, Fort of the 39th, Butler of the 55th, Davis of the 22nd and Paris of the 26th: A RESOLUTION commending The Links, Incorporated, and recognizing March 14, 2012, as Georgia Links Day at the capitol; and for other purposes. SR 832. By Senators Sims of the 12th, Fort of the 39th, Butler of the 55th, Davis of the 22nd and Paris of the 26th: A RESOLUTION honoring and celebrating the 100th birthday of Mrs. Grace Virginia Richardson Humphrey Cutts; and for other purposes. SR 833. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION honoring the life and memory of Leopold "Lee" Adler III; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Ramsey, Sr. of the 43rd THURSDAY, FEBRUARY 9, 2012 311 The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday February 9, 2012 Eighteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 708 Staton of the 18th Grant of the 25th JONES COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 710 Staton of the 18th Grant of the 25th JONES COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Jones County, approved March 5, 1974 (Ga. L. 1974, p. 2162), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4663), so as to reapportion the commissioner districts; to define certain terms; to provide for the submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to restate certain board powers; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 752 Grant of the 25th JASPER COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Jasper County, approved July 23, 1923 (Ga. L. 312 JOURNAL OF THE SENATE 1923, p. 255), as amended, particularly by an Act approved May 13, 2008 (Ga. L. 2008, p. 4036), so as to provide for staggered terms for the board of commissioners; to provide for manner of election; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 753 Grant of the 25th JASPER COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Jasper County, approved April 5, 1993 (Ga. L. 1993, p. 4622), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4476), so as to change the description of the education districts for the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current board members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins THURSDAY, FEBRUARY 9, 2012 313 Y Ginn Y Goggans E Golden Y Gooch Y Grant Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local legislation, the yeas were 48, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE CONVENES AT 9:00 A.M. SENATE RULES CALENDAR THURSDAY, FEBRUARY 9, 2012 EIGHTEENTH LEGISLATIVE DAY SB 333 Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors (JUDY-23rd) SB 357 Agriculture; repeal the "Georgia Treated Timber Products Act of 1973" (AG&CA-50th) SR 715 Congress; urge to expand the eligibility requirements; H-2A guest worker program (AG&CA-19th) 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 333. By Senators Stone of the 23rd, Miller of the 49th, Ramsey, Sr. of the 43rd, Davis of the 22nd, Jeffares of the 17th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; to provide for related matters; to repeal conflicting laws; and for other purposes. 314 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. SB 333, having received the requisite constitutional majority, was passed. SB 357. By Senators Wilkinson of the 50th, Bulloch of the 11th, Heath of the 31st, Miller of the 49th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, FEBRUARY 9, 2012 315 Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 357, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Bill Jackson District 24 109 State Capitol Atlanta, GA 30334 Committees: Economic Development Appropriations Ethics Natural Resources and the Environment Reapportionment and Redistricting Transportation Education and Youth The State Senate Atlanta, Georgia 30334 2/9/12 I do hereby want to be recorded as a Yes on SB 357. /s/ Bill Jackson 316 JOURNAL OF THE SENATE Senator Goggans of the 7th recognized February 9, 2012, as "Community Health Centers Day", commended by SR 810, adopted previously. Jeff Taylor addressed the Senate briefly. The Calendar was resumed. SR 715. By Senators Williams of the 19th, Crosby of the 13th, Hill of the 4th, Ligon, Jr. of the 3rd, Jackson of the 24th and others: A RESOLUTION urging Congress to expand the eligibility requirements of the H-2A guest worker program; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 53, nays 0. SR 715, having received the requisite constitutional majority, was adopted. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1238 until 10:00 a.m. Wednesday, February 15, 2012; the motion prevailed, and at 10:58 a.m. the President announced the Senate adjourned. WEDNESDAY, FEBRUARY 15, 2012 317 Senate Chamber, Atlanta, Georgia Wednesday, February 15, 2012 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 409. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend Article 3 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and registration of veterinarians and veterinary technicians, so as to revise certain provisions as to the application for a license to practice veterinary medicine; to provide for a waiver under certain circumstances; to revise certain provisions as to the scheduling and administration of examinations for veterinary technicians; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 707. By Representatives Morgan of the 39th, Powell of the 171st, Powell of the 29th, Brooks of the 63rd, Ashe of the 56th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible postsecondary institution in this state as proof of identity in order to vote; to provide for related matters; to repeal conflicting laws; and for other purposes. 318 HB 838. HB 848. HB 876. HB 882. JOURNAL OF THE SENATE By Representatives Maxwell of the 17th and Braddock of the 19th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; 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 shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Epps of the 140th: A BILL to be entitled an Act to amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4482), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for legislative intent; to provide for the 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. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3730), so as to revise the education districts for the election of members of the board of education; to provide for definitions and HB 883. HB 885. HB 902. WEDNESDAY, FEBRUARY 15, 2012 319 inclusions; to provide for terms and continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3736), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3981), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Greene of the 149th: A BILL to be entitled an Act to revise and restate the law relating to the Calhoun County Board of Education; to provide for the number of members of the board and the districts from which they are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal the amendment to the Constitution providing for the division of Calhoun County into five school districts and for the election of a seven-member board of education, which amendment was proposed by 1955 Senate Resolution No.20, Resolution Act No. 53 (Ga. L. 1955, p. 470), and was continued in force and effect by an Act approved March 18, 1986 (Ga. L. 1986, p. 3940); to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. 320 JOURNAL OF THE SENATE HB 903. 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), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes. HB 911. 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 to provide for compensation for the judge of the state court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1987, p. 3723), so as to change the compensation for the judge of the State Court of Putnam County, the solicitor-general of the State Court of Putnam County, the clerk of the State Court of Putnam County, and the sheriff of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 306. By Senators Bulloch of the 11th and Golden of the 8th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Thomas County, approved March 30, 1989 (Ga. L. 1989, p. 4321), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3898), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 412. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Code Section 20-2-52.1 of the Official Code of Georgia Annotated, relating to composition and election of county WEDNESDAY, FEBRUARY 15, 2012 321 boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes and terms of service, so as to delay the effective date of such Code section until January 1, 2015; 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 413. By Senator Jackson of the 24th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Glascock County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 414. By Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th: 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 require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 415. By Senators Jeffares of the 17th, Jackson of the 24th, Stone of the 23rd, Stoner of the 6th, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 12-5-29 of the Official Code of Georgia Annotated, relating to sewage and waste disposal, withdrawal, diversion, or impoundment of surface waters, certificates required for vessels with marine toilets, and conditions for transfer of surface water from one river basin to another, so as to change certain provisions relating to permit requirements and prohibited acts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. 322 JOURNAL OF THE SENATE SB 416. By Senators Carter of the 1st, Bethel of the 54th and Golden of the 8th: A BILL to be entitled an Act to amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for standards consistent with the National Council of Prescription Drug Programs; to provide clinical workflow decision support of physician providers; to provide transmission security; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 417. By Senators Carter of the 1st, Bethel of the 54th and Golden of the 8th: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, so as to provide certain requirements for any electronic transmission mechanism used to transmit an electronic data prescription drug order to a pharmacist; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 418. By Senators Orrock of the 36th, Henson of the 41st, Tate of the 38th, Fort of the 39th, Davis of the 22nd 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 establish the Georgia Health Insurance Marketplace Authority; to provide for legislative intent; to provide for definitions; to provide for a board of directors; to provide for composition, terms, and officers; to provide for powers and duties of the authority; to provide for the Georgia Health Consumer Marketplace and the Small Business Health Insurance Marketplace; to provide for a trust fund; to provide for advisory committees; to provide for limited liability; to provide for rules and regulations; to provide for accounts and audits; 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. WEDNESDAY, FEBRUARY 15, 2012 323 SB 419. By Senators Jackson of the 2nd, Jones of the 10th, Sims of the 12th, Davenport of the 44th, Paris of the 26th 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 limit the number of Zell Miller Scholars at eligible public postsecondary institutions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 420. By Senators Jackson of the 2nd, Jones of the 10th, Sims of the 12th, Davenport of the 44th, Paris of the 26th and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the O.C.G.A., relating to HOPE scholarships and grants, to provide a definition; to provide that lottery proceeds used for HOPE scholarships and grants shall be appropriated proportionally by the regions from which such funds were derived and such funds shall be used to fund HOPE scholarships and grants only for students who are residents of such regions; to amend Article 1 of Chapter 27 of Title 50 of the O.C.G.A., relating to general provisions relative to the "Georgia Lottery for Education Act," so as to require the Georgia Lottery Corporation to maintain records on the source of lottery funds and report such funds by region; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 421. By Senators Loudermilk of the 52nd, Mullis of the 53rd, Hill of the 32nd and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, so as to add certain persons to those authorized to receive motor vehicle registration records; to add certain persons to the list of persons authorized to receive motor vehicle certificate of title records; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. 324 JOURNAL OF THE SENATE SB 422. By Senators Jackson of the 2nd, Jones of the 10th, Sims of the 12th, Paris of the 26th, Davenport of the 44th and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to revise the definition of a Zell Miller Scholar; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 423. By Senators Jackson of the 2nd, Jones of the 10th, Sims of the 12th, Davenport of the 44th, Paris of the 26th and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to add a maximum annual household income requirement for purposes of eligibility for HOPE scholarships and grants; to provide for an annual determination; to provide for hardship waivers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 424. By Senators Heath of the 31st, Loudermilk of the 52nd, Wilkinson of the 50th, Williams of the 19th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. SB 425. By Senator McKoon of the 29th: 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 physician profiling program; to provide definitions; to provide profiling program standards; to establish criteria for programs that evaluate a physician's cost of care; to provide for certain disclosure information to patients; to provide that the Commissioner shall contract with an independent oversight entity; to provide WEDNESDAY, FEBRUARY 15, 2012 325 for violations and penalties; 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 Ligon, Jr. of the 3rd, Tippins of the 37th, Carter of the 1st, Rogers of the 21st, Hill of the 32nd 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 enact "The Teach Freedom Act"; to modify requirements for instruction in United States history, American government and civics, economics, and social studies; to establish Celebrate Freedom Week in elementary and middle school grades; to require the Department of Education to develop a website for resources and instructional support; to require that the Professional Standards Commission and the Department of Education cooperatively develop an online course on America's founding philosophy and principles to be offered as professional learning units; to provide for legislative progress reports; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 427. By Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of the 40th, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedure upon grant, denial, renewal, revocation, suspension, annulment, or withdrawal of licenses, so as to require agency procedures for timely processing of and status reports regarding applications for issuance or renewal of licenses; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 428. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, so as to provide for agency reports regarding federal government mandates and duplicate state and federal regulation; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. 326 JOURNAL OF THE SENATE SB 429. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs relative to the General Assembly, so as to change certain provisions relating to fiscal notes for bills changing compensation; to change certain provisions relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes; to change certain provisions relating to state and local government partnership; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain provisions relating to fiscal notes required for bills impacting employees' health insurance plans; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SB 430. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state senatorial districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 139), so as to revise the boundaries of certain state senate districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. SR 842. By Senators Jackson of the 2nd, Jones of the 10th, Sims of the 12th, Paris of the 26th, James of the 35th and others: A RESOLUTION urging the Georgia Student Finance Commission to provide the General Assembly with the necessary data and information to assess whether the HOPE scholarship program is meeting its desired results; and for other purposes. Referred to the Higher Education Committee. SR 843. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Mr. Bert Ward and dedicating a bridge in his memory; and for other purposes. Referred to the Transportation Committee. WEDNESDAY, FEBRUARY 15, 2012 327 SR 845. By Senators Mullis of the 53rd, Staton of the 18th, Rogers of the 21st, Albers of the 56th, Miller of the 49th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the dedication of revenues collected from the sale of fireworks for the funding of trauma care and firefighter services in the State of Georgia; to provide that the General Assembly may provide by law for the dedication and deposit of revenues raised from specified sources for the purpose of funding trauma care and firefighter services; to provide that such funds shall not lapse; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Rules Committee. SR 848. By Senators Tolleson of the 20th, Shafer of the 48th, Bulloch of the 11th and Grant of the 25th: A RESOLUTION urging Congress to prohibit the Environmental Protection Agency (EPA) from further regulating greenhouse gas emissions without a comprehensive economic and environmental study; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 853. By Senator Millar of the 40th: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include charter schools; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Education and Youth Committee. SR 858. By Senators Grant of the 25th, Hill of the 4th, Goggans of the 7th, Carter of the 1st, Unterman of the 45th and others: A RESOLUTION urging the Congress of the United States to amend the Communications Act of 1934 and the Federal Communication Commission's rules so as to permit the use of "cellular jammers" for the prevention of illegal cell phone use in prisons, jails, and youth detention facilities; and for other purposes. Referred to the Public Safety Committee. 328 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 409. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend Article 3 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and registration of veterinarians and veterinary technicians, so as to revise certain provisions as to the application for a license to practice veterinary medicine; to provide for a waiver under certain circumstances; to revise certain provisions as to the scheduling and administration of examinations for veterinary technicians; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 707. By Representatives Morgan of the 39th, Powell of the 171st, Powell of the 29th, Brooks of the 63rd, Ashe of the 56th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible postsecondary institution in this state as proof of identity in order to vote; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 838. By Representatives Maxwell of the 17th and Braddock of the 19th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, FEBRUARY 15, 2012 329 HB 848. 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 shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 876. By Representative Epps of the 140th: A BILL to be entitled an Act to amend an Act creating a Board of Education of Wilkinson County, approved April 3, 1972 (Ga. L. 1972, p. 3333), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4482), so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for legislative intent; to provide for the 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 882. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3730), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 330 JOURNAL OF THE SENATE HB 883. By Representative Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3736), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 885. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3981), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 902. By Representative Greene of the 149th: A BILL to be entitled an Act to revise and restate the law relating to the Calhoun County Board of Education; to provide for the number of members of the board and the districts from which they are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal the amendment to the Constitution providing for the division of Calhoun County into five school districts and for the election of a seven-member board of education, which amendment was proposed by 1955 Senate Resolution No.20, Resolution Act No. 53 (Ga. L. 1955, p. 470), and was continued in force and effect by an Act approved March 18, 1986 (Ga. L. 1986, p. 3940); to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, FEBRUARY 15, 2012 331 HB 903. 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), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 911. 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 to provide for compensation for the judge of the state court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1987, p. 3723), so as to change the compensation for the judge of the State Court of Putnam County, the solicitor-general of the State Court of Putnam County, the clerk of the State Court of Putnam County, and the sheriff of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following 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 713 Do Pass by substitute SR 590 Do Pass by substitute SR 480 SR 646 Do Pass by substitute Do Pass Respectfully submitted, Senator Millar of the 40th District, Chairman 332 JOURNAL OF THE SENATE 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 395 SR 28 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Heath of the 31st 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 385 Do Pass by substitute Respectfully submitted, Senator Goggans of the 7th 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 321 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 712 HB 727 HB 803 Do Pass Do Pass Do Pass HB 726 HB 784 HB 812 Do Pass Do Pass Do Pass WEDNESDAY, FEBRUARY 15, 2012 333 HB 813 SB 304 SB 397 Do Pass Do Pass Do Pass SB 303 SB 394 Do Pass Do Pass Respectfully submitted, Senator Miller 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 765 Do Pass Respectfully submitted, Senator Jeffares of the 17th 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 239 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: SB 316 SB 362 SB 324 SB 367 SB 338 SB 369 SB 350 SB 370 SB 360 SB 383 SB 361 SB 390 Senator Albers of the 56th asked unanimous consent that Senator Millar of the 40th be excused. The consent was granted, and Senator Millar was excused. Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. Senator Tippins of the 37th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. 334 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Miller Mullis Murphy Orrock Paris Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Golden (Excused) Millar (Excused) Ramsey (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Orrock of the 36th introduced the chaplain of the day, Reverend Michael Harris of Atlanta, Georgia, who offered scripture reading and prayer. Senator Shafer of the 48th introduced the doctor of the day, Dr. Indran Krishnan. Senator Fort of the 39th asked unanimous consent to move Points of Personal Privilege to the next order of business. There was no objection. Senator James of the 35th recognized the Transverse Myelitis Association and declared February 15, 2012, as Health Awareness Day at the capitol, commended by SR 808, adopted previously. WEDNESDAY, FEBRUARY 15, 2012 335 Senator James of the 35th recognized February 15, 2012, as Transverse Myelitis Awareness Day at the capitol, commended by SR 809, adopted previously. Senator James of the 35th recognized Cory Francis, commended by SR 805, adopted previously. Al Bartell addressed the Senate briefly on behalf of the Transverse Myelitis Association. Senator Unterman of the 45th recognized Wednesday, February 15, 2012, as Lupus Awareness Day at the state capitol, commended by SR 753, adopted previously. Kim Schofield of the Lupus Foundation of America addressed the Senate briefly. The following resolutions were read and adopted: SR 835. By Senators Bulloch of the 11th, Miller of the 49th, Goggans of the 7th, Jackson of the 2nd, Wilkinson of the 50th and others: A RESOLUTION commending poultry farmers throughout the State of Georgia and recognizing their significant contributions; and for other purposes. SR 836. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Sarah Carnes; and for other purposes. SR 837. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Stephanie Brown; and for other purposes. SR 838. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Thomas Brown; and for other purposes. SR 839. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Katie Pelzek; and for other purposes. SR 840. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Ryan Croom; and for other purposes. 336 JOURNAL OF THE SENATE SR 841. By Senators Unterman of the 45th and Miller of the 49th: A RESOLUTION honoring the life and memory of Ryan "R.D." Daniel; and for other purposes. SR 844. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd: A RESOLUTION honoring the life and memory of Trevor Rucker Bailey; and for other purposes. SR 846. By Senator Butler of the 55th: A RESOLUTION recognizing the men of Hidden Lake subdivision; and for other purposes. SR 847. By Senators Mullis of the 53rd, Rogers of the 21st, Balfour of the 9th, Gooch of the 51st, Miller of the 49th and others: A RESOLUTION commending the Georgia Institute of Technology on its award of a United States Department of Transportation University Transportation Center; and for other purposes. SR 849. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Etowah High School graduates Victoria Corr and Tara Janos; and for other purposes. SR 850. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Elijah Goodman; and for other purposes. SR 851. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending the Cherokee County School District Social Studies Fair winners; and for other purposes. SR 852. By Senator Rogers of the 21st: A RESOLUTION recognizing Findley Oaks Elementary School's DAR essay contest winners, Jacob Kenfield, Lauren Schmidlkofer, and Davis Rokose; and for other purposes. WEDNESDAY, FEBRUARY 15, 2012 337 SR 854. By Senators Millar of the 40th, Stone of the 23rd, McKoon of the 29th, Albers of the 56th, Tippins of the 37th and others: A RESOLUTION recognizing and commending Chef Jeanie Newton and the Culinary Arts Program at Hutchings Career Center; and for other purposes. SR 855. By Senator Davis of the 22nd: A RESOLUTION recognizing and commending Deon Grant; and for other purposes. SR 856. By Senator Unterman of the 45th: A RESOLUTION commending the Georgia Chapter of the Alzheimer's Association and recognizing February 13, 2012, as Alzheimer's Awareness Day at the capitol; and for other purposes. SR 857. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute; and for other purposes. SR 859. By Senators Grant of the 25th, Rogers of the 21st, Hill of the 4th, Hamrick of the 30th, Goggans of the 7th and others: A RESOLUTION recognizing and commending Major General Peter J. Boylan; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday February 15, 2012 Nineteenth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 303 Hooks of the 14th STEWART COUNTY A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), 338 SB 304 SB 394 SB 397 JOURNAL OF THE SENATE as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Hooks of the 14th STEWART COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Hooks of the 14th MARION COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Miller of the 49th HALL COUNTY A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4915), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the HB 712 HB 726 HB 727 WEDNESDAY, FEBRUARY 15, 2012 339 continuation in office of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Gooch of the 51st PICKENS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Pickens County, approved June 2, 2010 (Ga. L. 2010, p. 3704), so as to clarify the effective dates of the repeal of certain Acts due to a scrivener's error; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Hooks of the 14th PEACH COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of commissioners of roads and revenues for Peach County," approved March 10, 1964 (Ga. L. 1964, p. 2627), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4042), so as to change the description of the districts from which members of such board are elected; to define certain terms and provide for certain inclusions; to provide for related matters; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates and automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Hooks of the 14th PEACH COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the Board of Education of Peach County," approved March 20, 1990 (Ga. L. 1990, p. 4155), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4049), so as to change the description of the districts from which members of such board are elected; to define certain terms and to provide for certain inclusions; to provide for related matters; to provide for the 340 HB 784 HB 803 HB 812 JOURNAL OF THE SENATE submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Heath of the 31st HARALSON COUNTY A BILL to be entitled an Act to amend an Act relating to the board of education of Haralson County, approved April 12, 1982 (Ga. L. 1982, p. 4523), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4415), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Gooch of the 51st GILMER COUNTY A BILL to be entitled an Act to amend an Act providing the method of election of the members of the Board of Education of Gilmer County, approved April 10, 1971 (Ga. L. 1971, p. 3471), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Hamrick of the 30th James of the 35th DOUGLAS COUNTY A BILL to be entitled an Act to amend an Act creating the Douglas County Board of Education, approved April 13, 1982, (Ga. L. 1982, p. 4786), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5149), so as to provide for the continuation in office of current members of the board of education; to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to WEDNESDAY, FEBRUARY 15, 2012 341 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. HB 813 Hamrick of the 30th James of the 35th DOUGLAS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Douglas County, approved February 15, 1952 (Ga. L. 1952, p. 2703), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4494), so as to reapportion the commissioner districts; to define certain terms; 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. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 53, nays 0. 342 JOURNAL OF THE SENATE The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 15, 2012 NINETEENTH LEGISLATIVE DAY SB 246 Retirement; provide an increase in the employee contribution; retirement benefit; conditions (RET-4th) SB 269 Water Resources; cooperative efforts for abatement of pollution, order of director, request for hearing; provisions (Substitute) (NR&E-17th) SB 286 Retirement; tax commissioner or an employee of any such officer; membership; Employees' Retirement System of Georgia (RET-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 246. By Senator Hill of the 4th: A BILL to be entitled an Act to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; 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 WEDNESDAY, FEBRUARY 15, 2012 343 Russell W. Hinton State Auditor (404) 656-2174 March 2, 2011 The Honorable Jack Hill State Senator State Capitol, Room 234 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 246 (LC 21 1146) Dear Senator Hill: This bill would amend provisions relating to employee contributions and retirement benefits under the Public School Employees Retirement System. Specifically, this bill would increase the employee contribution for all persons who become a member of the System on or after July 1, 2012 from $4.00 per month to $10.00 per month. Additionally, this bill would increase the monthly retirement benefit from $15.00 per month multiplied by the member's years of service to $16.00 per month for all members who retire on or after July 1, 2012. Finally, this bill would increase the minimum retirement benefit that could be paid from $12.00 per month to $14.75 per month. 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Orrock Y Paris Y Ramsey Y Rogers Y Seay 344 JOURNAL OF THE SENATE Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 246, having received the requisite constitutional majority, was passed. SB 269. By Senators Jeffares of the 17th, Gooch of the 51st, Ginn of the 47th, Bethel of the 54th, Stone of the 23rd 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 change certain provisions relating to cooperative efforts for abatement of pollution, order by director, request for hearing, and allowance of reasonable time for abatement; to provide for consent orders; to provide for performance bonds in certain cases; to repeal conflicting laws; and for other purposes. Senator Jeffares of the 17th asked unanimous consent to drop SB 269 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 269 was placed at the foot of the Rules Calendar. SB 286. By Senators Heath of the 31st, Hill of the 4th, Stoner of the 6th, Hooks of the 14th and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax WEDNESDAY, FEBRUARY 15, 2012 345 collector, tax receiver, or an employee of any such officer on or after July 1, 2012, 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 27, 2011 The Honorable Bill Heath State Senator Coverdell Legislative Office Building, Room 301-B Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 286 (LC 21 1003) Dear Senator Heath: This bill would amend provisions relating to membership of certain 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, 2012. 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 remain a member of the System, provided there is no break in service. The reelection of any officer does not constitute a break in service. 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 346 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: Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport N Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller N Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton N Stone Y Stoner Y Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 5. SB 286, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, February 16, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:31 a.m. THURSDAY, FEBRUARY 16, 2012 347 Senate Chamber, Atlanta, Georgia Thursday, February 16, 2012 Twentieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. 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 729. By Representative 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 provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. HB 737. By Representative Williamson of the 111th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. 348 HB 738. HB 785. HB 892. HB 906. JOURNAL OF THE SENATE By Representative Williamson of the 111th: A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representatives Peake of the 137th, Watson of the 163rd, Sheldon of the 105th, Maxwell of the 17th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th: A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3758), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5502), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for THURSDAY, FEBRUARY 16, 2012 349 the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 910. By Representatives Maddox of the 127th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 922. By Representative Reece of the 11th: A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd: 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 add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 350 JOURNAL OF THE SENATE SB 432. By Senators Heath of the 31st, Mullis of the 53rd, Loudermilk of the 52nd and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to define a certain term; to provide that a political subdivision shall not enact any ordinance which is more restrictive of the sale or possession of a knife than general law; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 433. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend an Act creating and establishing the Dalton-Whitfield County Charter and Consolidation Commission, approved May 13, 2011 (Ga. L. 2011, p. 4100), so as to change certain provisions relating to referendum results; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 434. By Senators Hill of the 32nd, Loudermilk of the 52nd, Ligon, Jr. of the 3rd, Williams of the 19th, Crane of the 28th and others: A BILL to be entitled an Act to provide a short title; to amend Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to opt out of funding certain abortions through certain qualified health plans; to provide for certain exceptions; to provide for a right of intervention in certain lawsuits; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 435. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Webster County, approved April 9, 1993 (Ga. L. 1993, p. 5075), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3826), so as to change the description of the education districts; to define certain terms; to provide for continuation in office of current members; to provide for method of election; to provide for submission of this Act for THURSDAY, FEBRUARY 16, 2012 351 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. SB 436. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 437. By Senators Jones of the 10th, Henson of the 41st, Butler of the 55th and Thompson of the 5th: A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4192), so as to revise the composition of the board of education; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 438. By Senators Crane of the 28th, Rogers of the 21st, Shafer of the 48th, Williams of the 19th, Ligon, Jr. of the 3rd 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 the state employees' health insurance plan, so as to provide that no health insurance plan 352 JOURNAL OF THE SENATE for employees of the state shall offer coverage for abortion services; to repeal conflicting laws, and for other purposes. Referred to the Insurance and Labor Committee. SB 439. By Senators Miller of the 49th, Jackson of the 24th, Wilkinson of the 50th, Gooch of the 51st, James of the 35th and others: A BILL to be entitled an Act to amend Code Section 20-2A-1 of the Official Code of Georgia Annotated, relating to definitions relative to student scholarship organizations, so as to authorize qualified nonprofit preschool programs which serve disabled children to participate in student scholarship programs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 440. By Senators Jackson of the 2nd, Ramsey, Sr. of the 43rd, Paris of the 26th, Tate of the 38th and Sims of the 12th: A BILL to be entitled an Act to amend Chapter 2 of Title 48 of the Official Code of Georgia Annotated, relating to state administration and enforcement of taxation, so as to provide that the department of revenue shall submit to the General Assembly, once every four years, a report on the effect of tax exemptions on the amount of revenue collected by state and local governments; 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 441. By Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr. of the 43rd and Murphy of the 27th: 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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. THURSDAY, FEBRUARY 16, 2012 353 SB 442. By Senators Fort of the 39th, Orrock of the 36th, Jones of the 10th, Davenport of the 44th, Butler of the 55th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 10 of Title 17 of the Official Code of Georgia Annotated, relating to the death penalty generally, so as to prohibit the imposition of the death penalty under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 443. By Senators Fort of the 39th, Orrock of the 36th, Jones of the 10th, Davenport of the 44th, Butler of the 55th and others: A BILL to be entitled an Act to amend Code Section 17-7-131 of the Official Code of Georgia Annotated, relating to proceedings upon a plea of insanity or mental incompetency at the time of a crime, so as to provide that a defendant must be found to be mentally retarded by a preponderance of the evidence to be found guilty but mentally retarded; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 444. By Senators Mullis of the 53rd, Stoner of the 6th, Seay of the 34th, Grant of the 25th and Murphy of the 27th: 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 for definitions; to provide for the notification of the use of speed detection and enforcement devices; to provide for the use of speed detection and enforcement devices; to provide for the issuance of citations for violating speed limits in safety zones; to provide for civil penalties; to provide for notification of alleged violations; to provide for the use of recorded images from safety zone speed detection and enforcement devices as evidence in proceedings; to provide for procedural requirements; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 445. By Senators Hamrick of the 30th, Mullis of the 53rd, Hooks of the 14th, Chance of the 16th, Rogers of the 21st and others: A BILL to be entitled an Act to amend the O.C.G.A., so as to create within the office of the Secretary of State the position of director of professional 354 JOURNAL OF THE SENATE licensing; to provide for powers, duties, and responsibilities; to provide that the director shall implement rules and regulations relating to certain regulated professions and businesses; to provide that the director shall test, license, and discipline persons licensed pursuant to such title; to create the Georgia Board of Licensing and Regulation; to provide that such board shall promulgate rules and regulations governing certain regulated business and professions; to provide that such board shall hear administrative appeals; to transfer certain powers and duties of licensing boards and commissions to the director of professional licensing and the Georgia Board of Licensing and Regulation; to amend various titles of the O.C.G.A. so as to correct cross-references and to conform those provisions to the duties of the director and the Georgia Board of Licensing and Regulation; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 446. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Miller of the 49th, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 447. By Senators Millar of the 40th, Bethel of the 54th, Goggans of the 7th, Williams of the 19th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions relating to determination of the weekly benefit amount; to change certain provisions relating to determination of eligibility for unemployment benefits generally so as to require a waiting period of one week; to provide for related matters; to provide THURSDAY, FEBRUARY 16, 2012 355 for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 448. By Senators Balfour of the 9th, Chance of the 16th, Hill of the 4th, Mullis of the 53rd, Hooks of the 14th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the "Small Business Borrower Protection Act"; to provide for definitions; to provide for recovery limits for debt obligations by successor creditors; to provide for applicability; to require successor creditors to submit the amount paid for a debt during recovery proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. SR 872. By Senator Harbison of the 15th: A RESOLUTION creating the Senate Homeless and Female Veterans Assistance Study Committee; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 873. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares of the 17th, Staton of the 18th and others: A RESOLUTION authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Fulton, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. The following House legislation was read the first time and referred to committee: HB 729. By Representative 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 356 JOURNAL OF THE SENATE Revenue Code" and "Internal Revenue Code of 1986" and thereby incorporate certain provisions of the federal law into Georgia law; to provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 737. By Representative Williamson of the 111th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 738. By Representative Williamson of the 111th: A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; 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 785. By Representatives Peake of the 137th, Watson of the 163rd, Sheldon of the 105th, Maxwell of the 17th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. THURSDAY, FEBRUARY 16, 2012 357 HB 892. By Representatives Cooke of the 18th, Hightower of the 68th and Nix of the 69th: A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 2006, p. 3758), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 906. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5502), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 910. By Representatives Maddox of the 127th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 358 JOURNAL OF THE SENATE HB 922. By Representative Reece of the 11th: A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 832 Do Pass Respectfully submitted, Senator Bulloch of the 11th 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 346 SB 378 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: THURSDAY, FEBRUARY 16, 2012 359 HB 237 SB 127 SB 137 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th 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 396 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 829 Do Pass SB 382 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 13 Do Pass by substitute Respectfully submitted, Senator Thompson of the 5th District, Chairman 360 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 758 HB 764 HB 767 HB 770 HB 779 SB 323 SB 389 SB 393 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 759 HB 765 HB 768 HB 771 HB 783 SB 388 SB 392 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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 328 SB 329 SB 372 Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: HB 713 SR 646 SB 321 SR 765 SB 385 SB 395 SR 480 SR 590 Senator Seay of the 34th asked unanimous consent that Senator Butler of the 55th be excused. The consent was granted, and Senator Butler was excused. Senator Tate of the 38th asked unanimous consent that Senator Fort of the 39th be excused. The consent was granted, and Senator Fort was excused. THURSDAY, FEBRUARY 16, 2012 361 Senator Tate of the 38th asked unanimous consent that Senator Jackson of the 2nd be excused. The consent was granted, and Senator Jackson was excused. Senator Tippins of the 37th 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: Albers Balfour Bethel Bulloch Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Butler (Excused) Ramsey Fort (Excused) Rogers (Excused) Jackson, L. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Hamrick of the 30th introduced the chaplain of the day, Reverend Steve McFall of Douglasville, Georgia, who offered scripture reading and prayer. Senator James of the 35th asked unanimous consent to move Points of Personal Privilege to the next order of business. There was no objection. Senator Carter of the 42nd introduced the doctor of the day, Dr. Patty Schiff. 362 JOURNAL OF THE SENATE Senator Gooch of the 51st recognized North Georgia College and State University and its President Dr. Bonita C. Jacobs and declared February 16, 2012, as North Georgia College and State University Day at the state capitol, commended by SR 754, adopted previously. President Dr. Bonita C. Jacobs addressed the Senate briefly. Senator Grant of the 25th recognized the Georgia Rural Health Association and declared February 16, 2012, as Rural Health Day at the State Capitol, commended by SR 712, adopted previously. Dr. Jean Sumner addressed the Senate briefly. Senator Miller of the 49th recognized Walter and Winkie Boomershine, commended by SR 732, adopted previously. Walter Boomershine addressed the Senate briefly. Senator Davis of the 22nd recognized the winner of the 2011 Rick Perkins Award for Excellence in Technical Instruction, Karon Green Walton, commended by SR 799, adopted previously. Karon Green Walton addressed the Senate briefly. Senator Hill of the 4th recognized Alvie Coes III, commended by SR 793, adopted previously. Alvie Coes III addressed the Senate briefly. The following resolutions were read and adopted: SR 860. By Senator Tippins of the 37th: A RESOLUTION recognizing and commending Miss Cherokee Rose Outstanding Teen 2012 Anna Tucker; and for other purposes. SR 861. By Senator Rogers of the 21st: A RESOLUTION commending Kaitlyn Boerner, The King's Academy's 2012 STAR Student; and for other purposes. SR 862. By Senator Rogers of the 21st: A RESOLUTION commending Stephanie Brown, Sequoyah High School's 2012 STAR Student; and for other purposes. SR 863. By Senator Rogers of the 21st: A RESOLUTION commending Wendy Roberts, Sequoyah High School's 2012 STAR Teacher; and for other purposes. THURSDAY, FEBRUARY 16, 2012 363 SR 864. By Senators Orrock of the 36th, Henson of the 41st, Stoner of the 6th, Butler of the 55th, Sims of the 12th and others: A RESOLUTION honoring the life and memory of Eddie Charles Brown, Jr.; and for other purposes. SR 865. By Senators Mullis of the 53rd, Bethel of the 54th, Loudermilk of the 52nd and Gooch of the 51st: A RESOLUTION recognizing and commending the Trion High School cheerleading squad on their GHSA Class A State Championship; and for other purposes. SR 866. By Senators Mullis of the 53rd, Bethel of the 54th, Loudermilk of the 52nd and Gooch of the 51st: A RESOLUTION recognizing and commending the Gordon Lee softball team on their GHSA Class A State Championship; and for other purposes. SR 867. By Senators Mullis of the 53rd, Bethel of the 54th, Loudermilk of the 52nd and Gooch of the 51st: A RESOLUTION congratulating the Heritage High School girls cross country team on winning the 2011 GHSA Class AAA State Championship; and for other purposes. SR 868. By Senator Hill of the 32nd: A RESOLUTION recognizing and commending Patrick Fitzmaurice; and for other purposes. SR 869. By Senators Carter of the 1st, Loudermilk of the 52nd, Crane of the 28th and Ligon, Jr. of the 3rd: A RESOLUTION commending Georgia students of Classical Conversations, Inc.; and for other purposes. SR 870. By Senator Crosby of the 13th: A RESOLUTION recognizing the annual Cordele-Crisp County Fish Fry and commending Eli Tinsley, Jamie Fernandez, Wallace Mathis, Bub Denham, and the Cordele-Crisp County Fish Fry cooking team; and for other purposes. 364 JOURNAL OF THE SENATE SR 871. By Senators Davenport of the 44th, Jones of the 10th, Sims of the 12th, Butler of the 55th, James of the 35th and others: A RESOLUTION commending the Atlanta Chapter of the National Alumnae Association of Spelman College and recognizing February 17, 2012, as National Alumnae Association of Spelman College-Atlanta Chapter Day at the capitol; and for other purposes. SR 874. By Senator Gooch of the 51st: A RESOLUTION commending Reuben Burnley, Pickens High School's 2012 STAR Student; and for other purposes. SR 875. By Senator Gooch of the 51st: A RESOLUTION commending Mr. Patrick Gallagher, Pickens High School's 2012 STAR Teacher; and for other purposes. SR 876. By Senator Harbison of the 15th: A RESOLUTION commending the Georgia National Guard; and for other purposes. SR 877. By Senators James of the 35th, Jackson of the 2nd, Davenport of the 44th, Butler of the 55th, Orrock of the 36th and others: A RESOLUTION recognizing and commending Mothers Against Drunk Driving Georgia; and for other purposes. SR 878. By Senators Millar of the 40th, McKoon of the 29th, Stone of the 23rd, Albers of the 56th, Tippins of the 37th and others: A RESOLUTION recognizing James Robert Touchton; and for other purposes. Senator Albers of the 56th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday February 16, 2012 Twentieth Legislative Day THURSDAY, FEBRUARY 16, 2012 365 (The names listed are the Senators whose districts are affected by the legislation.) SB 323 Golden of the 8th LOWNDES COUNTY A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SB 388 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 the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SB 389 Bulloch of the 11th DECATUR COUNTY A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5782), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. 366 SB 392 SB 393 HB 758 JOURNAL OF THE SENATE Hooks of the 14th MARION COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Marion County, approved April 18, 2002 (Ga. L. 2002, p. 3794), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3746), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th WARE COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd GLYNN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Glynn County, approved February 11, 1937 (Ga. L. 1937, p. 1336), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4557), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for legislative intent; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 759 HB 764 HB 765 THURSDAY, FEBRUARY 16, 2012 367 Ligon, Jr. of the 3rd GLYNN COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Glynn County, approved February 21, 1873 (Ga. L. 1873, p. 256), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3697), so as to provide for the descriptions of the education districts; to provide for definitions and inclusions; to provide for continuation in office of the current members; to provide for the manner of election of members and for filling of vacancies; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd MCINTOSH COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Education of McIntosh County, approved March 14, 1980 (Ga. L. 1980, p. 3112), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3970), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for manner of election; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd MCINTOSH COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of McIntosh County, approved February 26, 1876 (Ga. L. 1876, p. 283), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5207), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. 368 HB 767 HB 768 HB 770 JOURNAL OF THE SENATE Tolleson of the 20th JOHNSON COUNTY A BILL to be entitled an Act to amend an Act providing for reapportionment or redistricting of the districts from and by which members of the board of education of Johnson County are elected, approved March 1, 2004 (Ga. L. 2004, p. 3506), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4225), so as to describe new election districts; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Tolleson of the 20th JOHNSON COUNTY A BILL to be entitled an Act to amend an Act relating to the board of commissioners of Johnson County, approved March 27, 1941 (Ga. L. 1941, p. 887), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4229), so as to provide for commissioner districts from and by which members of the board of commissioners are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. McKoon of the 29th HARRIS COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Harris County, approved January 15, 1993 (Ga. L. 1993, p. 3538), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal a specific local Act; to repeal conflicting laws; and for other purposes. HB 771 HB 779 HB 783 THURSDAY, FEBRUARY 16, 2012 369 McKoon of the 29th HARRIS COUNTY A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Harris County, approved March 17, 1869 (Ga. L. 1869, p. 170), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3888), so as to change the description of the commissioner districts; to provide definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th PULASKI COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Pulaski County and consolidating and restating the laws relative thereto, approved April 4, 1991 (Ga. L. 1991, p. 4175), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4102), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Tolleson of the 20th LAURENS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Laurens County, approved December 1, 1893 (Ga. L. 1893, p. 362), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3905), so as to change the description of the commissioner districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. 370 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: E Albers Y Balfour Y Bethel Y Bulloch E Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 51, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR THURSDAY, FEBRUARY 16, 2012 TWENTIETH LEGISLATIVE DAY SB 331 Insurance; closing protection letters; provide for premiums; authorize Commissioner of Insurance to promulgate rules and regulations (I&L-48th) SB 358 State Government; require this state to reciprocate the preferences granted by out-of-state local governments; resident vendors (SLGO(G)-11th) THURSDAY, FEBRUARY 16, 2012 371 SB 366 Juvenile Justice Dept.; revise restrictions; possessions of contraband at juvenile detention centers (Substitute) (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 331. By Senators Shafer of the 48th, Harbison of the 15th, McKoon of the 29th, Goggans of the 7th and Golden of the 8th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of closing protection letters; to provide for definitions; to provide for premiums regarding such letters; to provide for certain reserves; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to such matters; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Ligon, Jr. of the 3rd asked unanimous consent that he be excused from voting on SB 331 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ligon was excused. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Bethel Y Bulloch E Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones E Ligon Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S 372 JOURNAL OF THE SENATE E Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 331, having received the requisite constitutional majority, was passed. SB 358. By Senators Bulloch of the 11th, Rogers of the 21st, Williams of the 19th, Hill of the 4th, Golden of the 8th and others: A BILL to be entitled an Act to amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of-state local governments for vendors within their own states when giving preference to resident vendors of this state; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman THURSDAY, FEBRUARY 16, 2012 373 Y Golden Y Gooch Y Grant Y Miller Y Mullis Y Murphy Y Wilkinson Williams On the passage of the bill, the yeas were 51, nays 0. SB 358, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE 2-16-12 Please record me as a Yes vote on SB 358 /s/ Tommie Senator Chance of the 16th was excused for business outside the Senate Chamber. SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 366: 374 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; 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 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by revising Code Section 49-4A-11, relating to aiding escape, harboring, or hindering apprehension of juvenile under custody of the department, as follows: "49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a felony and, upon conviction thereof, shall be imprisoned punished by imprisonment for not less than one nor more than five years. (b) Any person who shall knowingly harbor or shelter any child or youth who has escaped the lawful custody or control of the department shall be guilty of a felony and, upon conviction thereof, shall be imprisoned punished by imprisonment for not less than one nor more than five years. (c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a felony and, upon conviction thereof, shall be imprisoned punished by imprisonment for not less than one nor more than five years. (d) Any person who shall knowingly provide to any child under the lawful control or custody of the department a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel without the consent of the director of the institution providing care and supervision to the child shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (e) Any child who shall knowingly possess a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a THURSDAY, FEBRUARY 16, 2012 375 Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel given to said child in violation of subsection (d) of this Code section while under the lawful custody or control of the department shall cause the department to file a delinquency petition in the court having jurisdiction; provided, however, if such person is 17 or older and is under the lawful custody or control of the department, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years." SECTION 2. Said chapter is further amended by adding new Code sections to read as follows: "49-4A-15. Guard lines shall be established by the commissioner or his or her designated representative in charge at the various juvenile detention centers and youth development centers in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on which shall be plainly stamped or written: 'Guard line of ________.' Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the institutions and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the institutions. 49-4A-16. (a) It shall be unlawful for any person to cause to be introduced across the guard lines established at any juvenile detention center or youth development center or to come inside such guard lines with: (1) A gun, pistol, knife, or any other weapon or a bullet, ammunition, or explosive device; or (2) Any intoxicating liquor, amphetamines, biphetamines, marijuana, or any other hallucinogenic or other drugs. (b) The provisions of this Code section shall not apply where the commissioner or director of the center has provided authorization for the introduction of the items listed in subsection (a) of this Code section into the center. (c) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years. 49-4A-17. (a) It shall be unlawful for any person to take into or cause to be introduced into any juvenile detention center or youth development center any item which such person has been directed not to take into such center either verbally or in writing by a staff member 376 JOURNAL OF THE SENATE of such center or as directed by the rules, regulations, or policies of the center without the knowledge and consent of the commissioner or the director in charge of such center. Any item taken into a center in violation of this subsection shall be deemed contraband and subject to being confiscated and retained as property of the department. A violation of this subsection shall be a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years. (b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a youth assigned to a juvenile detention center or youth development center without the knowledge and consent of the commissioner or the director in charge of such center. A violation of this subsection shall be a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years. 49-4A-18. (a) As used in this Code section, the term: (1) 'Director' means the commissioner or any director of a juvenile detention center or his or her designee, or any other person who is responsible for the overall management and operation of a center. (2) 'Juvenile detention center' means a regional youth detention center or youth development center operated by or on behalf of the department. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including a telephone, cellular telephone, personal digital assistant, transmitting radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Youth' means an offender assigned to a juvenile detention center. (b) It shall be unlawful for any person to obtain for, to procure for, or to give to a youth a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the director. (c) It shall be unlawful for a youth to possess a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, biphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item without the authorization of the director. (d) A person who commits or attempts to commit a violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than four years." THURSDAY, FEBRUARY 16, 2012 377 SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to 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: E Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 366, having received the requisite constitutional majority, was passed by substitute. Senator Williams of the 19th moved that the Senate adjourn until 9:00 a.m. Friday, February 17, 2012. The motion prevailed, and the President announced the Senate adjourned at 12:15 p.m. 378 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Friday, February 17, 2012 Twenty-first Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 728. By Representative Jasperse of the 12th: 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 legislative findings; 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. HB 744. By Representatives Lindsey of the 54th, Ashe of the 56th, Allison of the 8th, Neal of the 1st, Maddox of the 127th and others: A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to partition, so as to enact the "Uniform Partition of Heirs Property Act"; to provide for construction with federal law; to amend Code Section 24-7-706 of the Official Code of Georgia Annotated, relating to court appointed experts, so as to include cross-references; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 835. HB 840. HB 908. HB 921. FRIDAY, FEBRUARY 17, 2012 379 By Representatives Roberts of the 154th, Sims of the 169th, Burns of the 157th, Benton of the 31st, Williams of the 165th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for a 5 percent variance of weight limitations for vehicles towing disabled, damaged, or wrecked commercial vehicles; to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), and by an Act approved May 5, 2005 (Ga. L. 2005, p. 3597), so as to change the description of the education districts for the Commerce Independent School District; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. By Representatives Dickson of the 6th and Meadows of the 5th: A BILL to be entitled an Act to amend an Act relative to the Murray County Board of Education, approved March 8, 1990 (Ga. L. 1990, p. 380 HB 925. HB 926. HB 927. JOURNAL OF THE SENATE 3668), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3718), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act providing for a sevenmember Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. L. 1973, p. 2132), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3724), so as to change the description of the election districts for the members of the city council; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 17, 2012 381 The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 183. By Senators Goggans of the 7th, Unterman of the 45th and Cowsert of the 46th: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to revise provisions relating to school health nurse programs; 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 317. By Senator Grant of the 25th: A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. SB 318. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide 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: 382 JOURNAL OF THE SENATE SB 449. By Senators McKoon of the 29th, Ligon, Jr. of the 3rd, Albers of the 56th, Unterman of the 45th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 6A of Chapter 3 of Title 35 of the Official Code of Georgia Annotated, relating to DNA sampling, collection, and analysis, so as to provide for DNA analysis of persons arrested for felony offenses; to change provisions relating to time and procedure for withdrawal of blood samples; to change provisions relating to expungement of profiles in the data bank; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 450. By Senators Shafer of the 48th, Goggans of the 7th, Balfour of the 9th, Williams of the 19th and Gooch of the 51st: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that 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. SB 451. By Senators Loudermilk of the 52nd, Carter of the 1st, Rogers of the 21st, Hill of the 32nd, Crane of the 28th and others: A BILL to be entitled an Act to amend Part 7 of Article 7 of Chapter 3 of Title 20 of the Official Code of Georgia Annotated, relating to HOPE scholarships and grants, so as to revise requirements for home study students who earn a minimum SAT or ACT score for purposes of eligibility for a HOPE scholarship; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SB 452. By Senators Carter of the 1st, Stone of the 23rd and Ligon, Jr. of the 3rd: 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 revise provisions relating to suspension and removal of local school board members under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. FRIDAY, FEBRUARY 17, 2012 383 SB 453. By Senator Carter of the 1st: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic 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 require coroners to report to the board when a death may be the result of medication administered or prescribed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 454. By Senators Loudermilk of the 52nd, Albers of the 56th, Crane of the 28th, Heath of the 31st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 14 and Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations and public utilities and public transportation, respectively, so as to revise and update certain provisions relating to telecommunications; to remove telegraph companies from the jurisdiction of the Public Service Commission; to eliminate provisions relating to granting of certificates to persons engaged in construction or operation of telephone line, plant, or system as of February 1950; to eliminate certain provisions relating to telegraph service; to amend various other titles of the Official Code of Georgia Annotated, so as to revise cross-references for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 455. By Senators Goggans of the 7th, Hill of the 4th, Williams of the 19th, Golden of the 8th and Orrock of the 36th: 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 in consumer transactions unlawful, so as to authorize licensed personal care homes and community living arrangements to use certain terms; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 384 JOURNAL OF THE SENATE SB 456. By Senators Bethel of the 54th and Golden of the 8th: A BILL to be entitled an Act to amend Code Section 47-7-60 of the Official Code of Georgia Annotated, relating to dues required of members of the Georgia Firefighters' Pension Fund and effect of failure to pay dues in a timely manner, so as to change the amount of dues required; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. SB 457. By Senators Mullis of the 53rd, Loudermilk of the 52nd, Unterman of the 45th, Bethel of the 54th, Thompson of the 5th 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 that all offices in this state shall be elected on a partisan basis; to provide for exceptions; to provide for certain referendums and procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. SB 458. By Senators Loudermilk of the 52nd, Rogers of the 21st and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to the verification of lawful presence within the United States, so as to modify provisions relating to verification requirements, procedures, and conditions for applicants for public benefits; to modify the definition of a secure and verifiable document; to modify provisions relating to the Immigration Enforcement Review Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 459. By Senators Shafer of the 48th, Goggans of the 7th and Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to provide that consumers may elect not to use smart meters; to provide that the Public Service Commission may create and regulate a surcharge for consumers who elect not to use smart meters; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. FRIDAY, FEBRUARY 17, 2012 385 SR 889. By Senators Albers of the 56th, Loudermilk of the 52nd, Rogers of the 21st, Williams of the 19th and Gooch of the 51st: A RESOLUTION creating the Joint Commission on Recommendation; and for other purposes. Referred to the Judiciary Committee. SR 926. By Senators McKoon of the 29th, Shafer of the 48th, Wilkinson of the 50th, Unterman of the 45th, Hill of the 32nd and others: A RESOLUTION proposing an amendment to the Constitution so as to describe foreign and religious laws which are incompatible with the laws and policy of the United States and the State of Georgia; to provide for ways in which incompatible laws may not be applied or enforced; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Judiciary Committee. SR 945. By Senators Stoner of the 6th, Mullis of the 53rd, Seay of the 34th, Miller of the 49th, Davis of the 22nd and others: Urging the Georgia Department of Transportation to adopt a comprehensive Complete Streets policy; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 728. By Representative Jasperse of the 12th: 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 legislative findings; 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 Judiciary Committee. 386 JOURNAL OF THE SENATE HB 744. By Representatives Lindsey of the 54th, Ashe of the 56th, Allison of the 8th, Neal of the 1st, Maddox of the 127th and others: A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to partition, so as to enact the "Uniform Partition of Heirs Property Act"; to provide for construction with federal law; to amend Code Section 24-7-706 of the Official Code of Georgia Annotated, relating to court appointed experts, so as to include crossreferences; 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 835. By Representatives Roberts of the 154th, Sims of the 169th, Burns of the 157th, Benton of the 31st, Williams of the 165th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for a 5 percent variance of weight limitations for vehicles towing disabled, damaged, or wrecked commercial vehicles; to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 840. By Representatives Parrish of the 156th, Jackson of the 142nd and Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. FRIDAY, FEBRUARY 17, 2012 387 HB 908. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), and by an Act approved May 5, 2005 (Ga. L. 2005, p. 3597), so as to change the description of the education districts for the Commerce Independent School District; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 921. By Representatives Dickson of the 6th and Meadows of the 5th: A BILL to be entitled an Act to amend an Act relative to the Murray County Board of Education, approved March 8, 1990 (Ga. L. 1990, p. 3668), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 925. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3718), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; 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. 388 JOURNAL OF THE SENATE HB 926. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act providing for a seven-member Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 927. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. L. 1973, p. 2132), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3724), so as to change the description of the election districts for the members of the city council; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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 706 SB 289 SB 405 SB 412 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass SB 153 SB 381 SB 406 SR 769 Do Pass by substitute Do Pass Do Pass Do Pass Respectfully submitted, Senator Millar of the 40th District, Chairman FRIDAY, FEBRUARY 17, 2012 389 Mr. President: The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 430 Do Pass Respectfully submitted, Senator Bethel of the 54th 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 402 Do Pass by substitute Respectfully submitted, Senator Golden of the 8th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 48 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Finance Committee from the General Calendar. Respectfully submitted, Senator Hamrick of the 30th District, Vice Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 628 HB 750 HB 833 HB 847 HB 883 Do Pass Do Pass Do Pass Do Pass Do Pass HB 749 HB 777 HB 841 HB 882 HB 911 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman 390 JOURNAL OF THE SENATE Mr. President: The Transportation Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 1103 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 829 SB 346 HB 832 SB 372 SB 127 SB 378 SB 137 SB 382 SB 328 SB 396 SB 329 The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Hamrick of the 30th Tolleson of the 20th Senator Seay of the 34th asked unanimous consent that Senator Orrock of the 36th be excused. The consent was granted, and Senator Orrock was excused. Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Grant Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Paris Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Tippins Unterman Wilkinson Williams FRIDAY, FEBRUARY 17, 2012 391 Not answering were Senators: Bulloch (Excused) Ramsey Hamrick (Excused) Thompson, S. (Excused) Orrock (Excused) Tolleson (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Butler of the 55th introduced the chaplain of the day, Pastor Sherry Gaither of Lithonia, Georgia, who offered scripture reading and prayer. Senator Davenport of the 44th recognized the Atlanta Chapter of the National Alumnae Association of Spelman College and declared February 17, 2012, as National Alumnae Association of Spelman College-Atlanta Chapter Day at the capitol, commended by SR 871, adopted previously. President Sheila Louder addressed the Senate briefly. The following resolutions were read and adopted: SR 879. By Senator Jackson of the 2nd: A RESOLUTION honoring and celebrating the 75th birthday of Alonzo K. "Lonnie" Alston; and for other purposes. SR 880. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Allison Miller Johnson on the occasion of her retirement; and for other purposes. SR 881. By Senator Rogers of the 21st: A RESOLUTION recognizing the Building Owners and Managers of Atlanta and declaring February 22, 2012, as BOMA Day at the capitol; and for other purposes. SR 882. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School senior Ryan Croom; and for other purposes. SR 883. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sequoyah High School for being named an Advanced Placement Honor School and an AP STEM Achievement School; and for other purposes. 392 JOURNAL OF THE SENATE SR 884. By Senator Albers of the 56th: A RESOLUTION recognizing Bridging the Gap of Georgia (BTGG); and for other purposes. SR 885. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Dylan Smart Rigsby; and for other purposes. SR 886. By Senator Albers of the 56th: A RESOLUTION recognizing and commending the North Fulton Community Charities Education Center; and for other purposes. SR 887. By Senator Albers of the 56th: A RESOLUTION recognizing and commending the Roswell Fire Department; and for other purposes SR 888. By Senator Carter of the 1st: A RESOLUTION recognizing the importance of men's health and designating June 1, 2012, as Men's Health Awareness Day in Georgia; and for other purposes. SR 890. By Senators Carter of the 1st and Sims of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar James Gardner Little of Albany State University on Academic Recognition Day for 2012; and for other purposes. SR 891. By Senators Carter of the 1st and Sims of the 12th: A RESOLUTION commending University System of Georgia Outstanding Scholar Heather Erin Herbert of Darton College on Academic Recognition Day for 2012; and for other purposes. SR 892. By Senators Carter of the 1st, McKoon of the 29th and Harbison of the 15th: A RESOLUTION commending University System of Georgia Outstanding Scholar Hayley Nicole Henderson of Columbus State University on Academic Recognition Day for 2012; and for other purposes. FRIDAY, FEBRUARY 17, 2012 393 SR 893. By Senators Carter of the 1st, Davis of the 22nd and Jackson of the 24th: A RESOLUTION commending University System of Georgia Outstanding Scholar Skylar R. Hendricks of Augusta State University on Academic Recognition Day for 2012; and for other purposes. SR 894. By Senators Carter of the 1st, Hill of the 32nd and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Alyssa Ailion of Georgia State University on Academic Recognition Day for 2012; and for other purposes. SR 895. By Senators Carter of the 1st and Chance of the 16th: A RESOLUTION commending University System of Georgia Outstanding Scholar Jenny Lea R. Brooks of Gordon College on Academic Recognition Day for 2012; and for other purposes SR 896. By Senators Carter of the 1st and Goggans of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Stephanie Grace Jeffords of Waycross College on Academic Recognition Day for 2012; and for other purposes. SR 897. By Senators Carter of the 1st and Goggans of the 7th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Esther Braswell of South Georgia College on Academic Recognition Day for 2012; and for other purposes. SR 898. By Senators Carter of the 1st and Tolleson of the 20th: A RESOLUTION commending University System of Georgia Outstanding Scholar Victoria Mullis of Middle Georgia College on Academic Recognition Day for 2012; and for other purposes. SR 899. By Senators Carter of the 1st and Bulloch of the 11th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristan Whatley of Bainbridge College on Academic Recognition Day for 2012; and for other purposes. 394 JOURNAL OF THE SENATE SR 900. By Senators Carter of the 1st and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Katherine A. Mincey of Georgia Southern University on Academic Recognition Day for 2012; and for other purposes. SR 901. By Senators Carter of the 1st and Ligon, Jr. of the 3rd: A RESOLUTION commending University System of Georgia Outstanding Scholar Jody E. Carter of College of Coastal Georgia on Academic Recognition Day for 2012; and for other purposes. SR 902. By Senators Carter of the 1st and Bethel of the 54th: A RESOLUTION commending University System of Georgia Outstanding Scholar Christopher Whaley of Dalton State College on Academic Recognition Day for 2012; and for other purposes. SR 903. By Senators Carter of the 1st and Crosby of the 13th: A RESOLUTION commending University System of Georgia Outstanding Scholar Brenda N. Doss of Abraham Baldwin Agricultural College on Academic Recognition Day for 2012; and for other purposes. SR 904. By Senators Carter of the 1st and Miller of the 49th: A RESOLUTION commending University System of Georgia Outstanding Scholar Alma Guadalupe Castaneda of Gainesville State College on Academic Recognition Day for 2012; and for other purposes. SR 905. By Senators Carter of the 1st, Hill of the 4th and Williams of the 19th: A RESOLUTION commending University System of Georgia Outstanding Scholar Laura M. Jones of East Georgia College on Academic Recognition Day for 2012; and for other purposes. SR 906. By Senators Carter of the 1st, Jackson of the 2nd and Jackson of the 24th: A RESOLUTION commending University System of Georgia Outstanding Scholar Faith Douglas of Savannah State University on Academic Recognition Day for 2012; and for other purposes. FRIDAY, FEBRUARY 17, 2012 395 SR 907. By Senators Carter of the 1st, Albers of the 56th and Grant of the 25th: A RESOLUTION commending University System of Georgia Outstanding Scholar Hannah Blake Stute Sadowski of Georgia College and State University on Academic Recognition Day for 2012; and for other purposes. SR 908. By Senators Carter of the 1st and Balfour of the 9th: A RESOLUTION commending University System of Georgia Outstanding Scholar Nicholas R. Bon of Georgia Gwinnett College on Academic Recognition Day for 2012; and for other purposes. SR 909. By Senators Carter of the 1st and Cowsert of the 46th: A RESOLUTION commending University System of Georgia Outstanding Scholar Matthew Sellers of The University of Georgia on Academic Recognition Day for 2012; and for other purposes. SR 910. By Senators Carter of the 1st, Miller of the 49th and Stoner of the 6th: A RESOLUTION commending University System of Georgia Outstanding Scholar Joshua Gober of Southern Polytechnic State University on Academic Recognition Day for 2012; and for other purposes. SR 911. By Senators Carter of the 1st, Miller of the 49th and Stoner of the 6th: A RESOLUTION commending University System of Georgia Outstanding Scholar Isaiah Gober of Southern Polytechnic State University on Academic Recognition Day for 2012; and for other purposes. SR 912. By Senators Carter of the 1st and Golden of the 8th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kelly Davis of Valdosta State University on Academic Recognition Day for 2012; and for other purposes SR 913. By Senators Carter of the 1st, Stone of the 23rd and Davis of the 22nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin Shaw of Georgia Health Sciences University on Academic Recognition Day for 2012; and for other purposes. 396 JOURNAL OF THE SENATE SR 914. By Senators Carter of the 1st and Hill of the 4th: A RESOLUTION commending University System of Georgia Outstanding Scholar Sunni Ann Zemblowski of Georgia Southwestern State University on Academic Recognition Day for 2012; and for other purposes. SR 915. By Senators Carter of the 1st and Tolleson of the 20th: A RESOLUTION commending University System of Georgia Outstanding Scholar Lakeisha Nashay Hampton of Fort Valley State University on Academic Recognition Day for 2012; and for other purposes. SR 916. By Senators Carter of the 1st and Tippins of the 37th: A RESOLUTION commending University System of Georgia Outstanding Scholar Courtney Lynn Collins of Kennesaw State University on Academic Recognition Day for 2012; and for other purposes. SR 917. By Senators Carter of the 1st, Loudermilk of the 52nd and Tippins of the 37th: A RESOLUTION commending University System of Georgia Outstanding Scholar Abraham Oritz of Georgia Highlands College on Academic Recognition Day for 2012; and for other purposes. SR 918. By Senators Carter of the 1st and Hamrick of the 30th: A RESOLUTION commending University System of Georgia Outstanding Scholar Amy Elizabeth Whitaker of University of West Georgia on Academic Recognition Day for 2012; and for other purposes. SR 919. By Senators Carter of the 1st and Fort of the 39th: A RESOLUTION commending University System of Georgia Outstanding Scholar Kristin Theresa Herrel of Georgia Institute of Technology on Academic Recognition Day for 2012; and for other purposes. SR 920. By Senators Carter of the 1st, Seay of the 34th and Orrock of the 36th: A RESOLUTION commending University System of Georgia Outstanding Scholar Shavon Trice of Atlanta Metropolitan College on Academic Recognition Day for 2012; and for other purposes. FRIDAY, FEBRUARY 17, 2012 397 SR 921. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION commending University System of Georgia Outstanding Scholar Elisabeth Victoria Brown of Armstrong Atlantic State University on Academic Recognition Day for 2012; and for other purposes. SR 922. By Senators Carter of the 1st, Miller of the 49th and Murphy of the 27th: A RESOLUTION commending University System of Georgia Outstanding Scholar Timothy I. Kennell of North Georgia College and State University on Academic Recognition Day for 2012; and for other purposes. SR 923. By Senators Carter of the 1st, Jeffares of the 17th and Davenport of the 44th: A RESOLUTION commending University System of Georgia Outstanding Scholar Colleen Walters of Clayton State University on Academic Recognition Day for 2012; and for other purposes. SR 924. By Senators Carter of the 1st, Tolleson of the 20th and Paris of the 26th: A RESOLUTION commending University System of Georgia Outstanding Scholar Mary Beth McConnell of Macon State College on Academic Recognition Day for 2012; and for other purposes. SR 925. By Senators Carter of the 1st, Shafer of the 48th and Jones of the 10th: A RESOLUTION commending University System of Georgia Outstanding Scholar Julian R. Traas of Georgia Perimeter College on Academic Recognition Day for 2012; and for other purposes. SR 927. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mrs. Saralyn Demarcus, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 928. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mrs. Lynn Cantrell, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 929. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mrs. Gail Culbreth, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. 398 JOURNAL OF THE SENATE SR 930. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mr. Kevin Jacobs, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 931. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mr. Kevin Boyle, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 932. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Shannon O'Dell, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 933. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Harrison Kreafle, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 934. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Jordan Hill, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 935. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Erin Hancock, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 936. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Chandler Cook, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 937. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Ms. Linda Weyman, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 938. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Damien Allen, a Pickens High School 2012 STAR Student finalist; and for other purposes. FRIDAY, FEBRUARY 17, 2012 399 SR 939. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mr. Rodney Martin, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 940. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mrs. Lauren Bail, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 941. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Mr. Todd Geren, a Pickens High School 2012 STAR Teacher finalist; and for other purposes. SR 942. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Brooke Smith, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 943. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Shirley Shaw, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 944. By Senators Gooch of the 51st and Bethel of the 54th: A RESOLUTION commending Brianna Russell, a Pickens High School 2012 STAR Student finalist; and for other purposes. SR 946. By Senators James of the 35th, Jones of the 10th, Seay of the 34th, Orrock of the 36th, Davenport of the 44th and others: A RESOLUTION recognizing and commending the Honorable Leroy R. Johnson; and for other purposes. SR 947. By Senators James of the 35th, Jones of the 10th, Seay of the 34th, Orrock of the 36th, Davenport of the 44th and others: A RESOLUTION recognizing and commending Monica Pearson; and for other purposes. 400 JOURNAL OF THE SENATE The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday February 17, 2012 Twenty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 628 Bulloch of the 11th CITY OF COOLIDGE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Coolidge, approved June 2, 2010 (Ga. L. 2010, p. 3828), so as to change provisions relating to the time of holding of municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 749 Sims of the 12th CALHOUN COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide education districts for the Calhoun County Board of Education," approved April 13, 1992 (Ga. L. 1992, p. 6119), so as to provide for new education districts; to provide for the continuation in office of current office holders; to provide for the submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 750 Sims of the 12th CALHOUN COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to increase the number of commissioners of roads and revenues for the county of Calhoun from three to five," approved August 10, 1908 (Ga. L. 1908, p. 276), as amended, particularly by an Act approved April 13, 1992 (Ga. L. 1992, p. 6123), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and the election of their successors; 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 777 HB 833 HB 841 FRIDAY, FEBRUARY 17, 2012 401 Sims of the 12th TERRELL COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Terrell County, approved February 28, 1966 (Ga. L. 1966, p. 2610), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3782), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Sims of the 12th TERRELL COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Terrell County, approved April 13, 2004 (Ga. L. 2004, p. 3555), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Hill of the 4th Stone of the 23rd EMANUEL COUNTY A BILL to be entitled an Act to amend an Act providing for the composition and election of the Board of Education of Emanuel County, approved April 12, 1982 (Ga. L. 1982, p. 4049), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4124), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 402 HB 847 HB 882 HB 883 JOURNAL OF THE SENATE Bulloch of the 11th COUNTY OF GRADY A BILL to be entitled an Act to amend an Act creating a board of commissioners for the County of Grady, approved December 22, 1937 (Ga. L. 1937-38, Ex. Sess. p. 837), as amended, particularly by an Act approved July 20, 2001 (Ga. L. 2001, Ex. Sess. p. 654), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Goggans of the 7th LANIER COUNTY A BILL to be entitled an Act to amend an Act creating a new Board of Education of Lanier County, approved March 13, 1970 (Ga. L. 1970, p. 2709), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3730), so as to revise the education districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for terms and continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th LANIER COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Lanier County, approved March 7, 1933 (Ga. L. 1933, p. 602), as amended, particularly by an Act approved April 3, 2002 (Ga. L. 2002, p. 3736), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for the manner of election; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 17, 2012 403 HB 911 Grant of the 25th PUTNAM COUNTY A BILL to be entitled an Act to amend an Act to provide for compensation for the judge of the state court of Putnam County, the solicitor of the State Court of Putnam County, and the clerk of the State Court of Putnam County, approved April 1, 1996 (Ga. L. 1987, p. 3723), so as to change the compensation for the judge of the State Court of Putnam County, the solicitor-general of the State Court of Putnam County, the clerk of the State Court of Putnam County, and the sheriff of Putnam County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 48, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. 404 JOURNAL OF THE SENATE SB 107 SB 362 SB 369 SB 395 SENATE CONVENES AT 9:00 A.M. SENATE RULES CALENDAR FRIDAY, FEBRUARY 17, 2012 TWENTY-FIRST LEGISLATIVE DAY Superior Courts; increase penalties that can be imposed for contempt of court (Substitute) (S JUDY-23rd) Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions (AG&CA-19th) Natural Resources; provide for an extension of the automatic repeal of Code Section 12-5-9 (NR&E-1st) Sales and Use Tax; allow certain taxes to be imposed at a rate of less than 1 percent (Substitute) (FIN-31st) 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: SB 107. By Senators Stone of the 23rd and Davis of the 22nd: A BILL to be entitled an Act to amend Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the superior courts, so as to increase penalties that can be imposed for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Special Judiciary Committee offered the following substitute to SB 107: A BILL TO BE ENTITLED AN ACT To amend Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the superior courts, so as to increase penalties that can be imposed for contempt of court; to provide for related matters; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 17, 2012 405 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 15-6-8 of the Official Code of Georgia Annotated, relating to jurisdiction and powers of the superior courts, is amended by revising paragraph (5) as follows: "(5) To punish contempt by fines not exceeding $500.00 $1,000.00 and by imprisonment not exceeding 20 days; and" 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 Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones N Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 5. SB 107, having received the requisite constitutional majority, was passed by substitute. 406 JOURNAL OF THE SENATE Senator Hooks of the 14th assumed the Chair. Senator Chance of the 16th was excused for business outside the Senate Chamber. SB 362. By Senators Williams of the 19th and Bulloch of the 11th: A BILL to be entitled an Act to amend Part 3 of Article 3 of Chapter 3 of Title 12 of the Official Code of Georgia Annotated, relating to submerged cultural resources, so as to change certain provisions relating to permits and authorization to contract for investigation, survey, or recovery operations and renewal and revocation of permits; to provide for investigation, survey, and sales of certain sunken logs to which the state holds title; to provide for administration of such a program; 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 Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B Carter, J E Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy E Orrock N Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 37, nays 12. SB 362, having received the requisite constitutional majority, was passed. FRIDAY, FEBRUARY 17, 2012 407 The following communication was received by the Secretary: Senator Nan Orrock District 36 121-C State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Health and Human Services Higher Education Science and Technology Urban Affairs The State Senate Atlanta, Georgia 30334 Feb. 17, 2012 To Secretary of Senate Please record a vote on SB 362 of NO on my behalf. Thank you, /s/ Nan Orrock Senator, Dist 36 SB 369. By Senators Carter of the 1st, Tolleson of the 20th and Tippins of the 37th: A BILL to be entitled an Act to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to provide for an extension of the automatic repeal; 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 Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert E Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L E Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone 408 JOURNAL OF THE SENATE Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 369, having received the requisite constitutional majority, was passed. Senator Jones of the 10th recognized the Greater Atlanta McDonald's Operators Association, commended by SR 825, adopted today. Tony Raffa addressed the Senate briefly. The following bill was taken up to consider House action thereto: SB 317. By Senator Grant of the 25th: A BILL To be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; 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 an Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of FRIDAY, FEBRUARY 17, 2012 409 subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the election of the members of the Board of Education of Baldwin County, approved April 3, 1972 (Ga. L. 1972, p. 3325), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, 4230), is amended by revising Section 1 as follows: "SECTION 1. (a) The Board of Education of Baldwin County shall be composed of five members. For purposes of electing members of the board of education, the Baldwin County School District is divided into five education districts. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina'. (b) As used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Baldwin County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (c) Any part of the Baldwin County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (d) Education Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." 410 JOURNAL OF THE SENATE SECTION 2. Those members of the Board of Education of Baldwin County who are serving as such on the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. SECTION 3. The Board of Education of Baldwin County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. 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. Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina District 001 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 3022 3024 3028 3033 3067 3071 970300: 2032 2062 VTD: 009321E - EAST HARDWICK 970701: 1038 2004 2005 2017 2018 2021 2022 2026 2027 2029 2030 2031 2032 2033 3000 3006 3007 970702: 1009 1016 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2006 2021 2027 2028 2029 2031 2071 2072 2077 2079 2081 2086 970400: 2003 2009 2011 2012 2013 2014 2021 2022 2024 3006 3007 3010 FRIDAY, FEBRUARY 17, 2012 411 3012 3013 3014 3015 3016 3032 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1023 1024 1025 1033 1034 2000 2001 2002 2003 2006 2007 2008 2009 2019 2020 2028 3001 3002 3003 3004 3005 3008 3009 970702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1014 1015 1017 1018 1027 1030 1031 2000 2015 2034 2036 VTD: 009CTY3 - BODDIE 970200: 3040 3041 3042 3056 3057 3058 3059 3060 3069 3070 4000 4001 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5018 5019 970400: 3000 3001 3002 3004 3035 3036 970701: 1000 1001 1002 1003 1004 1005 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970400: 5000 5001 5002 5003 5013 970701: 1032 1036 1037 2010 2013 2023 VTD: 009CTY5 - FIRE DEPT 970400: 2000 2001 2002 2005 2006 2007 2008 2010 2015 2016 2017 3003 3005 3008 3009 3011 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 5004 5005 5006 5009 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970100: 1047 1049 1050 1056 1072 1075 1076 1077 970200: 3013 3016 3017 3019 3020 3021 3023 3025 3026 970300: 2030 2033 2063 2066 2069 2076 2085 2088 970400: 2004 2018 VTD: 009MERI - MERIWEATHER 970300: 2022 2023 2024 2025 2074 2075 2078 2080 2082 2083 970400: 2019 2020 2023 2025 2026 VTD: 009MONT - EAST BALDWIN 970100: 1068 1069 1080 2005 2012 2013 2014 2028 2029 412 JOURNAL OF THE SENATE 970200: 5016 5017 District 002 Baldwin County VTD: 0091714 - SCOTTSBORO 970600: 4019 970800: 1007 1011 1012 1014 1080 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2039 3001 VTD: 009321E - EAST HARDWICK 970701: 2011 2012 2014 2015 2016 2025 3015 3016 3017 3018 3019 3020 3028 3029 3030 3032 3039 3041 3042 3043 3044 3045 970702: 2051 VTD: 009321W - WEST HARDWICK 970600: 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2001 2002 2005 2009 2010 2011 2013 2015 2016 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 970800: 2004 2005 2006 2007 2008 2009 2010 2016 2017 2018 VTD: 009322 - COOPERS 970800: 3002 3003 3004 3005 3014 3015 3021 3025 3026 3027 3028 3029 3030 3031 4029 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970500: 1010 1011 1012 1013 1014 1015 1016 1023 1024 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2031 2032 2033 2042 2043 2049 2050 2051 3078 970600: 2003 2004 2006 VTD: 009CTY2 - CITY HALL ANNEX 970500: 1047 1048 1049 1050 970600: FRIDAY, FEBRUARY 17, 2012 413 1000 970701: 1016 1017 1018 1019 1020 1021 1022 1026 1027 1028 1029 1030 1031 1035 970702: 1010 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970500: 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1039 1040 1041 1042 1043 1044 1045 1051 1052 1053 970600: 1001 1008 1009 1012 2000 970701: 2024 3010 3011 3012 3013 3014 3021 3022 3023 3024 3025 3026 3027 3031 3033 3034 3035 3036 3037 3038 3040 970702: 2023 2024 2025 2026 2027 2028 District 003 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1070 1071 1072 1073 1074 1075 1076 1077 3000 VTD: 009319 - WEST BALDWIN 970500: 3029 3046 3047 3048 3049 3050 3052 3053 3054 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3081 3082 3085 3086 970800: 2000 2002 2003 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 VTD: 009321W - WEST HARDWICK 970800: 2001 2011 2012 VTD: 009322 - COOPERS 970800: 2013 2014 2015 2036 2037 2038 3006 3007 3008 3009 3010 3011 3012 3013 3016 3017 3018 3019 3020 3022 3023 3024 3032 3033 3034 3035 3036 4007 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2073 414 JOURNAL OF THE SENATE 970400: 3017 3021 3024 3025 3029 3030 3033 3034 4019 5007 5008 5014 5026 5027 5028 970500: 1007 1008 1009 2000 2021 2024 2025 2026 2027 2028 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2044 2045 2046 2047 2048 2052 3030 3031 3032 3033 3035 3037 3038 3039 3044 3045 3076 3077 3079 3080 3083 3084 3087 970600: 2007 2008 2012 2014 2017 2019 2020 2030 2031 2032 2033 2034 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1014 1015 VTD: 009CTY3 - BODDIE 970200: 5015 5020 5021 970701: 1006 1007 1008 1009 1010 VTD: 009CTY4 - COURTHOUSE 970400: 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5029 5030 5031 970500: 1000 1001 1002 1003 1004 1005 1006 1030 1031 1032 1033 1034 1035 1036 1037 1038 1046 VTD: 009MERI - MERIWEATHER 970400: 3018 3019 3020 3022 3023 3026 3027 3028 970500: 2003 District 004 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1006 1008 1009 1010 1013 1018 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1047 1048 1049 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1066 1067 1068 1069 1078 1079 VTD: 009318 - NORTH BALDWIN 970200: 1026 2000 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3014 3015 970300: 2040 2041 2087 FRIDAY, FEBRUARY 17, 2012 415 VTD: 009CTY2 - CITY HALL ANNEX 970702: 2019 2020 2021 2022 2029 2030 2031 2032 2033 2035 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 970800: 1001 1002 1003 1004 1005 1015 1016 1017 1020 1021 1022 1023 VTD: 009MONT - EAST BALDWIN 970100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 1073 1074 1078 1079 1081 1082 1083 1084 1085 1086 1087 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970200: 3027 3068 970702: 2052 2053 970800: 1000 1019 1064 1065 District 005 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2001 2002 2003 2006 2007 2008 2012 3029 3032 3034 3043 3044 3045 3051 3052 3053 3054 3055 4002 970300: 2035 2036 2037 2038 2039 2044 2048 2056 2057 2064 2067 2068 970400: 1002 1005 VTD: 009319 - WEST BALDWIN 970500: 416 JOURNAL OF THE SENATE 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3040 3042 3051 3055 3056 3057 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970200: 2004 2005 2022 970300: 2004 2007 2009 2010 2012 2013 2014 2016 2017 2042 2043 2045 2046 2047 2049 2050 2089 970500: 3028 3034 3036 3041 3043 VTD: 009CTY5 - FIRE DEPT 970200: 3061 3062 3063 970400: 1012 1013 1014 1016 1017 1018 1019 1020 1021 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970200: 3008 3011 3012 3018 3030 3031 3035 3036 3037 3038 3039 3046 3047 3048 3049 3050 3064 3065 3066 970300: 2034 2051 2052 2053 2054 2055 2058 2059 2060 2061 2065 2070 970400: 1000 1001 1003 1004 1006 1007 1008 1009 1010 1011 1015 1022 VTD: 009MERI - MERIWEATHER 970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 2000 2001 2002 2003 2005 2008 2011 2015 2018 2019 2020 2026 2084 Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 317. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B N Carter, J E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Orrock Y Paris Ramsey Rogers Y Seay Y Shafer Y Sims FRIDAY, FEBRUARY 17, 2012 417 E Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Jackson, B Y Jackson, L James Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 42, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 317. The following bill was taken up to consider House action thereto: SB 318. By Senator Grant of the 25th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide an effective date; to repeal conflicting laws; and for other purposes. 418 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Baldwin County, approved December 26, 1888 (Ga. L. 1888, p. 286), as amended, specifically by an Act approved April 25, 2002 (Ga. L. 2002, p. 4238), is amended by revising subsection (a) as follows: "(a)(1) There is created a five-member board of commissioners of Baldwin County who shall administer the affairs of the county. For purposes of electing members of the board of commissioners, Baldwin County is divided into five commissioner districts. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina'. (2) When used in such attachment, the terms 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (3) Any part of Baldwin County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Baldwin County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (4) Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 2. Those members of the Board of Commissioners of Baldwin County who are serving as such on the effective date of this Act, and any person selected to fill a vacancy in any such office, shall continue to serve as such members until the regular expiration of their FRIDAY, FEBRUARY 17, 2012 419 respective terms of office and upon the election and qualification of their respective successors. SECTION 3. The governing authority of Baldwin County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. 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. Plan: baldwinccsbR-2012 Plan Type: local Administrator: baldwin User: Gina District 001 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 3022 3024 3028 3033 3067 3071 970300: 2032 2062 VTD: 009321E - EAST HARDWICK 970701: 1038 2004 2005 2017 2018 2021 2022 2026 2027 2029 2030 2031 2032 2033 3000 3006 3007 970702: 1009 1016 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2016 2017 2018 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2006 2021 2027 2028 2029 2031 2071 2072 2077 2079 2081 2086 970400: 2003 2009 2011 2012 2013 2014 2021 2022 2024 3006 3007 3010 3012 3013 3014 3015 3016 3032 VTD: 009CTY2 - CITY HALL ANNEX 970701: 420 JOURNAL OF THE SENATE 1023 1024 1025 1033 1034 2000 2001 2002 2003 2006 2007 2008 2009 2019 2020 2028 3001 3002 3003 3004 3005 3008 3009 970702: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1014 1015 1017 1018 1027 1030 1031 2000 2015 2034 2036 VTD: 009CTY3 - BODDIE 970200: 3040 3041 3042 3056 3057 3058 3059 3060 3069 3070 4000 4001 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5018 5019 970400: 3000 3001 3002 3004 3035 3036 970701: 1000 1001 1002 1003 1004 1005 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970400: 5000 5001 5002 5003 5013 970701: 1032 1036 1037 2010 2013 2023 VTD: 009CTY5 - FIRE DEPT 970400: 2000 2001 2002 2005 2006 2007 2008 2010 2015 2016 2017 3003 3005 3008 3009 3011 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 5004 5005 5006 5009 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970100: 1047 1049 1050 1056 1072 1075 1076 1077 970200: 3013 3016 3017 3019 3020 3021 3023 3025 3026 970300: 2030 2033 2063 2066 2069 2076 2085 2088 970400: 2004 2018 VTD: 009MERI - MERIWEATHER 970300: 2022 2023 2024 2025 2074 2075 2078 2080 2082 2083 970400: 2019 2020 2023 2025 2026 VTD: 009MONT - EAST BALDWIN 970100: 1068 1069 1080 2005 2012 2013 2014 2028 2029 970200: 5016 5017 FRIDAY, FEBRUARY 17, 2012 421 District 002 Baldwin County VTD: 0091714 - SCOTTSBORO 970600: 4019 970800: 1007 1011 1012 1014 1080 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2039 3001 VTD: 009321E - EAST HARDWICK 970701: 2011 2012 2014 2015 2016 2025 3015 3016 3017 3018 3019 3020 3028 3029 3030 3032 3039 3041 3042 3043 3044 3045 970702: 2051 VTD: 009321W - WEST HARDWICK 970600: 1002 1003 1004 1005 1006 1007 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2001 2002 2005 2009 2010 2011 2013 2015 2016 2018 2021 2022 2023 2024 2025 2026 2027 2028 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4020 4021 4022 4023 4024 4025 4026 970800: 2004 2005 2006 2007 2008 2009 2010 2016 2017 2018 VTD: 009322 - COOPERS 970800: 3002 3003 3004 3005 3014 3015 3021 3025 3026 3027 3028 3029 3030 3031 4029 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970500: 1010 1011 1012 1013 1014 1015 1016 1023 1024 2001 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2031 2032 2033 2042 2043 2049 2050 2051 3078 970600: 2003 2004 2006 VTD: 009CTY2 - CITY HALL ANNEX 970500: 1047 1048 1049 1050 970600: 1000 970701: 1016 1017 1018 1019 1020 1021 1022 1026 1027 1028 1029 1030 1031 1035 422 JOURNAL OF THE SENATE 970702: 1010 1011 1012 1013 VTD: 009CTY4 - COURTHOUSE 970500: 1017 1018 1019 1020 1021 1022 1025 1026 1027 1028 1029 1039 1040 1041 1042 1043 1044 1045 1051 1052 1053 970600: 1001 1008 1009 1012 2000 970701: 2024 3010 3011 3012 3013 3014 3021 3022 3023 3024 3025 3026 3027 3031 3033 3034 3035 3036 3037 3038 3040 970702: 2023 2024 2025 2026 2027 2028 District 003 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1038 1039 1040 1041 1042 1043 1044 1045 1046 1050 1051 1052 1070 1071 1072 1073 1074 1075 1076 1077 3000 VTD: 009319 - WEST BALDWIN 970500: 3029 3046 3047 3048 3049 3050 3052 3053 3054 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3081 3082 3085 3086 970800: 2000 2002 2003 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 VTD: 009321W - WEST HARDWICK 970800: 2001 2011 2012 VTD: 009322 - COOPERS 970800: 2013 2014 2015 2036 2037 2038 3006 3007 3008 3009 3010 3011 3012 3013 3016 3017 3018 3019 3020 3022 3023 3024 3032 3033 3034 3035 3036 4007 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 VTD: 009CTY1 - SOUTH MILLEDGEVILLE 970300: 2073 970400: 3017 3021 3024 3025 3029 3030 3033 3034 4019 5007 5008 5014 5026 5027 5028 970500: FRIDAY, FEBRUARY 17, 2012 423 1007 1008 1009 2000 2021 2024 2025 2026 2027 2028 2029 2030 2034 2035 2036 2037 2038 2039 2040 2041 2044 2045 2046 2047 2048 2052 3030 3031 3032 3033 3035 3037 3038 3039 3044 3045 3076 3077 3079 3080 3083 3084 3087 970600: 2007 2008 2012 2014 2017 2019 2020 2030 2031 2032 2033 2034 VTD: 009CTY2 - CITY HALL ANNEX 970701: 1014 1015 VTD: 009CTY3 - BODDIE 970200: 5015 5020 5021 970701: 1006 1007 1008 1009 1010 VTD: 009CTY4 - COURTHOUSE 970400: 5010 5011 5012 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5029 5030 5031 970500: 1000 1001 1002 1003 1004 1005 1006 1030 1031 1032 1033 1034 1035 1036 1037 1038 1046 VTD: 009MERI - MERIWEATHER 970400: 3018 3019 3020 3022 3023 3026 3027 3028 970500: 2003 District 004 Baldwin County VTD: 0091714 - SCOTTSBORO 970800: 1006 1008 1009 1010 1013 1018 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1047 1048 1049 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1066 1067 1068 1069 1078 1079 VTD: 009318 - NORTH BALDWIN 970200: 1026 2000 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3009 3010 3014 3015 970300: 2040 2041 2087 VTD: 009CTY2 - CITY HALL ANNEX 970702: 2019 2020 2021 2022 2029 2030 2031 2032 2033 2035 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 424 JOURNAL OF THE SENATE 2054 970800: 1001 1002 1003 1004 1005 1015 1016 1017 1020 1021 1022 1023 VTD: 009MONT - EAST BALDWIN 970100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1048 1051 1052 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1070 1071 1073 1074 1078 1079 1081 1082 1083 1084 1085 1086 1087 2000 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 970200: 3027 3068 970702: 2052 2053 970800: 1000 1019 1064 1065 District 005 Baldwin County VTD: 009318 - NORTH BALDWIN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 2001 2002 2003 2006 2007 2008 2012 3029 3032 3034 3043 3044 3045 3051 3052 3053 3054 3055 4002 970300: 2035 2036 2037 2038 2039 2044 2048 2056 2057 2064 2067 2068 970400: 1002 1005 VTD: 009319 - WEST BALDWIN 970500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3040 3042 3051 3055 3056 3057 VTD: 009CTY1 - SOUTH MILLEDGEVILLE FRIDAY, FEBRUARY 17, 2012 425 970200: 2004 2005 2022 970300: 2004 2007 2009 2010 2012 2013 2014 2016 2017 2042 2043 2045 2046 2047 2049 2050 2089 970500: 3028 3034 3036 3041 3043 VTD: 009CTY5 - FIRE DEPT 970200: 3061 3062 3063 970400: 1012 1013 1014 1016 1017 1018 1019 1020 1021 VTD: 009CTY6 - NORTH MILLEDGEVILLE 970200: 3008 3011 3012 3018 3030 3031 3035 3036 3037 3038 3039 3046 3047 3048 3049 3050 3064 3065 3066 970300: 2034 2051 2052 2053 2054 2055 2058 2059 2060 2061 2065 2070 970400: 1000 1001 1003 1004 1006 1007 1008 1009 1010 1011 1015 1022 VTD: 009MERI - MERIWEATHER 970300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 2000 2001 2002 2003 2005 2008 2011 2015 2018 2019 2020 2026 2084 Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 318. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby E Hamrick Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Jackson, B Y Jackson, L Y James Jeffares Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate 426 JOURNAL OF THE SENATE Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 318. The Calendar was resumed. SB 395. By Senators Heath of the 31st, Rogers of the 21st, Shafer of the 48th, Crane of the 28th and Hill of the 32nd: A BILL to be entitled an Act to amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow certain such taxes to be imposed at a rate of less than 1 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 395: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, so as to allow such taxes to be imposed at a rate of less than 1 percent; to provide for the simultaneous levy of more than one tax under such part if the combined rate of such taxes does not exceed 1 percent; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to the county special purpose local option sales tax, is amended by revising Code Section 48-8-110.1, relating to the authorization for a county special purpose local option sales tax, is amended to read as follows: FRIDAY, FEBRUARY 17, 2012 427 "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) Except as provided in subsection (d) of this Code section, any 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 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 Code Section 48-8-3. (d) Any tax imposed under this part on or after January 1, 2013, may be at a rate of up to 1 percent, but shall not be more than 1 percent. Any combination of taxes imposed under this part on or after January 1, 2013, shall not exceed a combined rate of 1 percent. This subsection shall not apply to taxes under this part imposed or to be imposed under resolutions and ordinances adopted prior to January 1, 2013. The authority provided under this Code section shall not apply to any tax levied pursuant to Part 2 of this article." SECTION 2. Said part is further amended by revising paragraph (1) of subsection (c) of Code Section 48-8-111, relating to the procedure for the implementation of the county special purpose local option sales tax, as follows: "(c)(1) The ballot submitting the question of the imposition of the tax authorized by this part to the voters of the county within the special district shall have written or printed thereon the following: '( ) YES Shall a special 1 __ percent sales and use tax be imposed in the special district of _______County for a period of time not to exceed _______ ( ) NO and for the raising of an estimated amount of $_______ for the purpose of ____________?'" SECTION 3. Said part is further amended by revising paragraph (1) of subsection (c) of Code Section 48-8-112, relating to the effective date, termination, and renewal of the county special 428 JOURNAL OF THE SENATE purpose local option sales tax, as follows: "(c)(1) At any time no more than a single 1 percent tax Any tax levied under this part may be imposed shall not exceed 1 percent combined within a special district. Any combination of taxes levied simultaneously under this part shall not exceed a combined rate of 1 percent within a special district." 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 Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller N Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 1. SB 395, having received the requisite constitutional majority, was passed by substitute. FRIDAY, FEBRUARY 17, 2012 429 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 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others: A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes. Serving as the doctor of the day was Dr. Gary Flom. Senator Williams of the 19th moved that the Senate stand adjourned pursuant to HR 1238 until 11:00 a.m. Tuesday, February 21, 2012; the motion prevailed, and at 10:32 a.m. the President announced the Senate adjourned. 430 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Tuesday, February 21, 2012 Twenty-second Legislative Day The Senate met pursuant to adjournment at 11:00 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 407. By Representatives Teasley of the 38th, Setzler of the 35th, Golick of the 34th, Evans of the 40th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in each county of this state having a population of not less than 590,000 nor more than 660,000, so as to update the population bracket so that it remains applicable to such counties under the 2010 census; to specify the counties in which certain special provisions apply to the payment of certain taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 693. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of HB 788. HB 789. HB 824. HB 860. TUESDAY, FEBRUARY 21, 2012 431 Screven County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representative Spencer of the 180th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representative Spencer of the 180th: A BILL to be entitled an Act to amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representatives Dudgeon of the 24th, England of the 108th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of 432 HB 904. HB 907. HB 909. JOURNAL OF THE SENATE Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Monroe County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 4030), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 912. HB 913. HB 923. HB 924. TUESDAY, FEBRUARY 21, 2012 433 By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 434 HB 941. HB 947. HB 962. JOURNAL OF THE SENATE 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), so as to change the description of the school board districts; to provide for definitions and inclusions; to provide for the continuation of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th, Talton of the 145th, Harden of the 147th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5590), so as to change the description of the education districts; to provide definitions and inclusions; to provide for the continuance in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved March 10, 2008 (Ga. L. 2008, p. 3531), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Randall of the 138th, Beverly of the 139th, Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 21, 2012 435 HB 963. HB 975. By Representatives Randall of the 138th, Beverly of the 139th, Peake of the 137th, Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representative Rogers of the 10th: A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes in the amount of $130,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for applicability; to replace 1978 House Resolution 6621850 granting a homestead exemption from Habersham Taxes levied for county purposes and such taxes levied for school purposes (Ga. L. 1978, p. 2444); to repeal an Act entitled "An Act to provide a homestead exemption from Habersham County school district taxes for educational purposes," approved May 4, 2006 (Ga. L. 2006, p. 4123); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 363. By Senators Bulloch of the 11th and Golden of the 8th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Thomas County, approved December 21, 1898 (Ga. L. 1898, p. 378), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4203), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 436 JOURNAL OF THE SENATE The following Senate legislation was introduced, read the first time and referred to committee: SB 460. By Senators McKoon of the 29th, Shafer of the 48th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, so as to provide a religious exception for the requirement that every health benefit policy in this state provide coverage for contraceptives; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 461. By Senators McKoon of the 29th, Jeffares of the 17th and Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 17-10-1 of the Official Code of Georgia Annotated, relating to the fixing of sentence, suspension or probation of sentence, change in sentence, eligibility for parole, prohibited modifications, and exceptions, so as to provide that any convicted person who is sentenced to probation shall have such probated sentence demarcated on his or her driver's license for the length of his or her sentence; to provide for procedure; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to provide for license suspension under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. SB 462. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), so as to revise procedures relating to appointment of the at-large member; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 463. By Senators Hill of the 32nd, Mullis of the 53rd, Loudermilk of the 52nd, Gooch of the 51st and Miller of the 49th: A BILL to be entitled an Act to amend Code Section 32-2-81 of the Official Code of Georgia Annotated, relating to procedures for design-build contracts TUESDAY, FEBRUARY 21, 2012 437 with the Department of Transportation, so as to remove the requirement that the department accept the lowest bid in proposals for design-build projects; to provide for the percentage of design-build projects the department may award; to remove certain limitations on the percentage of design-build contracts the department may award; to remove certain reporting requirements of the department related to design-build proposal awards; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 464. By Senators Ligon, Jr. of the 3rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 465. By Senators Thompson of the 5th, Unterman of the 45th, Crosby of the 13th, Golden of the 8th and McKoon of the 29th: 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 increase the punishment for aggravated assault, battery, and aggravated battery upon a nurse while he or she is engaged in or on account of his or her official duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 466. By Senators Tippins of the 37th, Williams of the 19th, Rogers of the 21st, Gooch of the 51st, Jackson of the 24th and others: A BILL to be entitled an Act to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to provide for lenders to give notice to contractors when a construction loan is nearing default; to provide for definitions; to provide for procedures and 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. 438 JOURNAL OF THE SENATE SB 467. By Senators Tippins of the 37th, Williams of the 19th, Rogers of the 21st, Jackson of the 24th, Bethel of the 54th and others: A BILL to be entitled an Act to amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to provide for a disposal method for septage from an on-site sewage management system; to provide for related matters; to repeal conflicting laws; 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 407. By Representatives Teasley of the 38th, Setzler of the 35th, Golick of the 34th, Evans of the 40th, Morgan of the 39th and others: A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in each county of this state having a population of not less than 590,000 nor more than 660,000, so as to update the population bracket so that it remains applicable to such counties under the 2010 census; to specify the counties in which certain special provisions apply to the payment of certain taxes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 693. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of Screven County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, FEBRUARY 21, 2012 439 HB 788. By Representative Spencer of the 180th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval 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 789. By Representative Spencer of the 180th: A BILL to be entitled an Act to amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under 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 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others: A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. HB 824. By Representatives Dudgeon of the 24th, England of the 108th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the 440 JOURNAL OF THE SENATE "Quality Basic Education Act," so as to revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 860. By Representatives Carter of the 175th, Shaw of the 176th and Black of the 174th: A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 904. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Monroe County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 907. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 4030), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, FEBRUARY 21, 2012 441 HB 909. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 912. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 913. By Representatives Harbin of the 118th, Sims of the 119th and Anderson of the 117th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 923. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. 442 JOURNAL OF THE SENATE L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. HB 924. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), so as to change the description of the school board districts; to provide for definitions and inclusions; to provide for the continuation of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. HB 941. By Representatives O`Neal of the 146th, Talton of the 145th, Harden of the 147th and Dickey of the 136th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5590), so as to change the description of the education districts; to provide definitions and inclusions; to provide for the continuance in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 947. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved March 10, 2008 (Ga. L. TUESDAY, FEBRUARY 21, 2012 443 2008, p. 3531), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 962. By Representatives Randall of the 138th, Beverly of the 139th, Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 963. By Representatives Randall of the 138th, Beverly of the 139th, Peake of the 137th, Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; 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 975. By Representative Rogers of the 10th: A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes in the amount of $130,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for applicability; to replace 1978 House Resolution 662-1850 granting a homestead exemption from Habersham Taxes levied for county purposes and such taxes levied for school purposes (Ga. L. 1978, p. 2444); to repeal an Act 444 JOURNAL OF THE SENATE entitled "An Act to provide a homestead exemption from Habersham County school district taxes for educational purposes," approved May 4, 2006 (Ga. L. 2006, p. 4123); to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The 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 741 Do Pass by substitute SB 403 Do Pass as amended HB 760 Do Pass SB 404 Do Pass by substitute Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 407 Do Pass Respectfully submitted, Senator Unterman of the 45th 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 604 HB 840 HB 903 HB 910 Do Pass Do Pass Do Pass Do Pass HB 638 HB 902 HB 906 Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman TUESDAY, FEBRUARY 21, 2012 445 The following legislation was read the second time: HB 706 SB 405 HR 1103 SB 406 SB 153 SB 412 SB 289 SB 430 SB 381 SR 769 SB 402 Senator Tolleson of the 20th was excused for business outside the Senate Chamber. Senator Seay of the 34th asked unanimous consent that Senator Jackson of the 2nd be excused. The consent was granted, and Senator Jackson was excused. Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. Senator Stoner of the 6th asked unanimous consent that Senator Davis of the 22nd be excused. The consent was granted, and Senator Davis was excused. Senator Shafer of the 48th asked unanimous consent that Senator McKoon of the 29th be excused. The consent was granted, and Senator McKoon was excused. Senator Shafer of the 48th asked unanimous consent that Senator Millar of the 40th be excused. The consent was granted, and Senator Millar was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Chance Cowsert Crane Crosby Davenport Fort Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Jones Ligon Loudermilk Miller Mullis Murphy Orrock Paris Seay Shafer Sims Staton Stone Stoner Thompson, C Thompson, S Tippins Unterman Wilkinson Williams Not answering were Senators: Carter, J. McKoon (Excused) Rogers Davis (Excused) Millar (Excused) Tate (Excused) Jackson, L. (Excused) Ramsey Tolleson (Excused) 446 JOURNAL OF THE SENATE Senator Hooks of the 14th recognized Congressman Sanford Bishop. Congressman Sanford Bishop addressed the Senate briefly. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Mullis of the 53rd introduced the chaplain of the day, Pastor Ernest Groce of Rossville, Georgia, who offered scripture reading and prayer. Senator Seay of the 34th introduced the doctor of the day, Dr. William R. Osborne, Jr. Senator Bulloch of the 11th recognized the Future Farmers of America and declared February 21, 2012, as Future Farmers of America Day at the state capitol, commended by SR 656, adopted previously. Ben Bennett addressed the Senate briefly. Senator Seay of the 34th recognized Clayton County Fire and Emergency Services, commended by SR 711, adopted previously. Chief Jeff Hood addressed the Senate briefly. Senator Mullis of the 53rd recognized February 21, 2012, as Turkish American Day at the capitol, commended by SR 969, adopted today. Tarik Celik, Executive Director of the Istanbul Center, addressed the Senate briefly. Senator Unterman of the 45th recognized contributions of senior Georgians and declared February 20 to February 26, 2012, as Senior Week at the capitol, commended by SR 710, adopted previously. Kathryn Fowler addressed the Senate briefly. Senator Hill of the 4th recognized Ogeechee Technical College, commended by SR 731, adopted previously. President Dawn Cartee addressed the Senate briefly. The following resolutions were read and adopted: SR 948. By Senator Unterman of the 45th: A RESOLUTION honoring the life and memory of Selma Medlock Cheeley; and for other purposes. SR 949. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Creekview High School for being named an Advanced Placement Honor School and an AP STEM Achievement School; and for other purposes. TUESDAY, FEBRUARY 21, 2012 447 SR 950. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Cherokee High School for being named an Advanced Placement Honor School and an AP STEM Achievement School; and for other purposes. SR 951. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Etowah High School for being named an Advanced Placement Honor School and an AP STEM Achievement School; and for other purposes. SR 952. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Woodstock High School for being named an Advanced Placement Honor School and an AP STEM Achievement School; and for other purposes. SR 953. By Senator Tolleson of the 20th: A RESOLUTION recognizing and commending Ms. Inez Wilder Wheeler Ellis on the occasion of her 100th birthday; and for other purposes. SR 954. By Senators Mullis of the 53rd and Bethel of the 54th: A RESOLUTION recognizing and commending American Idol's Lauren Alaina; and for other purposes. SR 955. By Senators Hill of the 4th and Grant of the 25th: A RESOLUTION recognizing and commending Trooper First Class Thomas Kustra; and for other purposes. SR 956. By Senators Hill of the 4th, Grant of the 25th and Ligon, Jr. of the 3rd: A RESOLUTION recognizing and commending SRO Mark Hopper; and for other purposes. SR 957. By Senators Hill of the 4th, Grant of the 25th and Ligon, Jr. of the 3rd: A RESOLUTION recognizing and commending School Resource Officer Shane Hope; and for other purposes. 448 JOURNAL OF THE SENATE SR 958. By Senators Hill of the 4th, Harbison of the 15th and Tolleson of the 20th: A RESOLUTION recognizing and honoring Georgia Guard soldiers and airmen and others who have fallen during Operation Iraqi Freedom and Operation Enduring Freedom; and for other purposes. SR 959. By Senator Hooks of the 14th: A RESOLUTION recognizing and commending Morgan Bowen; and for other purposes. SR 960. By Senator Chance of the 16th: A RESOLUTION celebrating the birth of Smith Brian Million; and for other purposes. SR 961. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Carson Joseph Sowell; and for other purposes. SR 962. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Hunter Whitehurst; and for other purposes. SR 963. By Senators Chance of the 16th, Staton of the 18th and Rogers of the 21st: A RESOLUTION celebrating the birth of Stellan Erik Tai; and for other purposes. SR 964. By Senator Harbison of the 15th: A RESOLUTION honoring the life and memory of Mrs. Jeanette Moss Harmon; and for other purposes. SR 965. By Senators Staton of the 18th and Paris of the 26th: A RESOLUTION recognizing and commending the Tattnall Square Academy Trojans football team on their GISA AAA State Championship; and for other purposes. TUESDAY, FEBRUARY 21, 2012 449 SR 966. By Senators Paris of the 26th, Staton of the 18th, Henson of the 41st, Stoner of the 6th, Butler of the 55th and others: A RESOLUTION welcoming citizens and public officials from Macon and Bibb County and observing February 29, 2012, as Macon Day at the state capitol; and for other purposes. SR 967. By Senators Davis of the 22nd, Crane of the 28th, Ginn of the 47th, Carter of the 42nd, Butler of the 55th and others: A RESOLUTION recognizing February 19 to February 25, 2012, as Engineers Week at the capitol; and for other purposes. SR 968. By Senators James of the 35th, Seay of the 34th, Butler of the 55th, Davenport of the 44th, Fort of the 39th and others: A RESOLUTION commending the contributions of members of the clergy in Georgia and recognizing March 5, 2012, as the 11th annual Clergy Day at the capitol; and for other purposes. SR 969. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Unterman of the 45th, James of the 35th and others: A RESOLUTION recognizing February 21, 2012, as Turkish American Day at the capitol; and for other purposes. SR 970. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Alice McKnight Ramsey; and for other purposes. SR 971. By Senator Unterman of the 45th: A RESOLUTION recognizing Wednesday, February 22, 2012, as Gwinnett County Day at the capitol; and for other purposes. Senator Mullis of the 53rd asked unanimous consent that the following bill be withdrawn from the Senate Ethics Committee and committed to the Senate State and Local Governmental Operations (General) Committee: SB 457. By Senators Mullis of the 53rd, Loudermilk of the 52nd, Unterman of the 45th, Bethel of the 54th, Thompson of the 5th 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 450 JOURNAL OF THE SENATE to provide that all offices in this state shall be elected on a partisan basis; to provide for exceptions; to provide for certain referendums and procedures; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and SB 457 was committed to the Senate State and Local Governmental Operations (General) Committee. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Loudermilk of the 52nd The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday February 21, 2012 Twenty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 604 Sims of the 12th LOWER CHATTAHOOCHEE REGIONAL TRANSPORTATION AUTHORITY A BILL to be entitled an Act to create the Lower Chattahoochee Regional Transportation Authority; to provide for a short title; to confer powers and impose duties on the authority; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 638 Sims of the 12th RANDOLPH COUNTY A BILL to be entitled an Act to create a board of elections and registration for Randolph County and provide for its powers and duties; to provide for the composition of the board and the appointment, qualification, and terms of its members; to provide for filling of vacancies and removal of members; to provide for oaths and privileges; to relieve certain boards and officers of certain powers and duties and provide for the transfer of certain items to the newly created board; to abolish certain boards and officers; to provide for meetings and procedures; to provide for the elections supervisor and the powers and duties of such elections supervisor; to repeal conflicting laws; and for other purposes. HB 840 HB 902 HB 903 TUESDAY, FEBRUARY 21, 2012 451 Hill of the 4th Stone of the 23rd EMANUEL COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Emanuel County, approved July 18, 1919 (Ga. L. 1919, p. 646), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5796) so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Sims of the 12th CALHOUN COUNTY A BILL to be entitled an Act to revise and restate the law relating to the Calhoun County Board of Education; to provide for the number of members of the board and the districts from which they are elected; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal the amendment to the Constitution providing for the division of Calhoun County into five school districts and for the election of a sevenmember board of education, which amendment was proposed by 1955 Senate Resolution No.20, Resolution Act No. 53 (Ga. L. 1955, p. 470), and was continued in force and effect by an Act approved March 18, 1986 (Ga. L. 1986, p. 3940); to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Sims of the 12th LOWER CHATTAHOOCHEE REGIONAL AIRPORT 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), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3570), so as to remove Clay County and Quitman County from membership in such authority; to repeal conflicting laws; and for other purposes. 452 JOURNAL OF THE SENATE HB 906 Chance of the 16th PIKE COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Pike County, approved April 18, 1967 (Ga. L. 1967, p. 3152), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5502), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 910 Hooks of the 14th UPSON COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners of roads and revenues of Upson County, approved February 1, 1877 (Ga. L. 1877, p. 267), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Hamrick Y Harbison Y Heath Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner TUESDAY, FEBRUARY 21, 2012 453 Y Crosby Y Davenport E Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following 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 636. By Representatives Jacobs of the 80th and Taylor of the 79th: A BILL to be entitled an Act to incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. The following House legislation was read the first time and referred to committee: HB 636. By Representatives Jacobs of the 80th and Taylor of the 79th: A BILL to be entitled an Act to incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general 454 JOURNAL OF THE SENATE powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. Senator Staton of the 18th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. SB 367 SB 383 SB 390 SENATE CONVENES AT 11:00 A.M. SENATE RULES CALENDAR TUESDAY, FEBRUARY 21, 2012 TWENTY-SECOND LEGISLATIVE DAY Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond (AG&CA-11th) 'Georgia International Commercial Arbitration Code'; repeal Part 2, relating to international arbitration (JUDY-30th) Agriculture; provide immunity from civil liability for the agency designated to provide for seed certification (AG&CA-11th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 367. By Senators Bulloch of the 11th, Ginn of the 47th, Wilkinson of the 50th, Miller of the 49th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 21, 2012 455 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 367, having received the requisite constitutional majority, was passed. Senator Albers of the 56th was excused for business outside the Senate Chamber. SB 383. By Senators Hamrick of the 30th, McKoon of the 29th, Stone of the 23rd, Carter of the 42nd and Bethel of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for arbitration, so as to repeal Part 2, relating to international transactions; to provide for a short title; to provide for a statement of purpose; to provide for applicability; to provide for definitions; to provide for procedure; to provide for court intervention; to provide for an arbitration agreement; to provide for selection and disqualification of arbitrators; to provide for challenges to arbitrator selection and substitution of arbitrators; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 456 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 383, having received the requisite constitutional majority, was passed. SB 390. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to the certification of seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; 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. TUESDAY, FEBRUARY 21, 2012 457 On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour N Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 4. SB 390, having received the requisite constitutional majority, was passed. Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Wednesday, February 22, 2012. The motion prevailed, and the President announced the Senate adjourned at 12:36 p.m. 458 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 22, 2012 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. 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 472. By Representatives Smith of the 131st, Ehrhart of the 36th, Maxwell of the 17th, Lindsey of the 54th and Benfield of the 85th: A BILL to be entitled an Act to amend Code Section 3-5-36 of the Official Code of Georgia Annotated, relating to the brewpub exception to the threetier distribution system, so as to amend the terms and conditions that exist for owners and operators of brewpubs; to increase the maximum quantity of barrels of beer that may be manufactured and sold; to remove that requirement that beer be sold solely in draft form; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 634. By Representatives Sheldon of the 105th, Rice of the 51st, Coleman of the 97th, Harrell of the 106th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to installment payment of ad valorem taxes, so as to change the provisions relative to population brackets and the census regarding interest on unpaid ad valorem taxes in each county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, so that such provisions remain applicable to such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 635. HB 733. HB 786. HB 886. WEDNESDAY, FEBRUARY 22, 2012 459 By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and others: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), so as to change the normal retirement age for certain employees; to change the definition of the term "disability"; to provide the actuarial equivalent basis which is stated in the document; to provide for certain limitations on compensation and benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Hightower of the 68th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to add holdover provisions for appointees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th and Geisinger of the 48th: A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Williamson of the 111th, Smyre of the 132nd, Carson of the 43rd, Battles of the 15th, Williams of the 113th 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 limits on obligations of one person or corporation, so as to limit certain obligations related to credit exposure as a counterparty in derivative transactions; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. 460 HB 895. HB 905. HB 929. HB 930. JOURNAL OF THE SENATE By Representatives Carter of the 175th, Collins of the 27th, Hatchett of the 143rd, Purcell of the 159th, Davis of the 109th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to provide for more effective methods of gathering information relating to sexual offenders; to extend the powers and duties of the Georgia Bureau of Investigation; to provide for the transfer of personnel to the Georgia Bureau of Investigation; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others: A BILL to be entitled an Act to repeal an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3584), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1679); to repeal conflicting laws; and for other purposes. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others: A BILL to be entitled an Act to repeal an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial WEDNESDAY, FEBRUARY 22, 2012 461 circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); to repeal conflicting laws; and for other purposes. HB 1014. 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 28, 2010 (Ga. L. 2010, p 3655), so as to change and extend the corporate limits of said city; to repeal conflicting laws; and for other purposes. HB 1019. By Representatives Parent of the 81st, Taylor of the 79th and Bell of the 58th: A BILL to be entitled an Act to amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; 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 468. By Senators Miller of the 49th, Ligon, Jr. of the 3rd, Staton of the 18th, Jackson of the 24th, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Code Section 40-6-294 of the Official Code of Georgia Annotated, relating to the riding of bicycles on roadways and bicycle paths, so as to provide for bicycles to be operated in single file on roadways not specially designated for the use of bicycles; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 469. By Senators Balfour of the 9th, Hamrick of the 30th, Cowsert of the 46th and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that certain provisions prohibiting mass picketing shall apply 462 JOURNAL OF THE SENATE to certain private residences; to provide for an action to enjoin unlawful mass picketing; to provide for punishment and penalties; to provide for injunctive relief; to provide for public policy concerning refusal or decision to withdraw from a labor union or employee organization; to amend Code Section 16-7-21, relating to criminal trespass, so as to provide for both criminal trespass and criminal conspiracy; to provide for punishment and fines; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 470. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 471. By Senators Hill of the 32nd and Gooch of the 51st: 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 authorize the Commissioner of Insurance to establish a coalition of other states to adopt an alternative policy approval process for comprehensive major medical policies; to authorize the Commissioner of Insurance to approve policies for sale in Georgia that comply with such alternative approval process standards under certain circumstances; to provide a definition; to authorize the Commissioner of Insurance to promulgate related rules and regulations; to provide for alternative dispute resolution; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 472. By Senator Hill of the 32nd: A BILL to be entitled an Act to provide a short title; to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide an exemption from insurance laws for certain physician arrangements; to revise certain premium taxes; to provide the Commissioner of Insurance with certain duties and powers regarding comprehensive major medical plans; to provide that insurers may offer additional health improvement incentives; to provide WEDNESDAY, FEBRUARY 22, 2012 463 for certain standards for preferred provider arrangements; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for certain income tax deductions for certain insurance premiums; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 473. By Senators Harbison of the 15th, Jeffares of the 17th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to amend Code Section 48-5-478.2 of the Official Code of Georgia Annotated, relating to veterans awarded Purple Heart exempt from ad valorem taxes provided license plate issued under Code Section 40-2-84, so as to provide for a refund of ad valorem taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SB 474. By Senators Mullis of the 53rd, Miller of the 49th, Chance of the 16th and Jackson of the 24th: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to amend provisions relating to the Georgia Regional Transportation Authority; to reconstitute the board of directors; to provide for the governance of transit; to establish a Transit Governance Council and provide for membership; to provide for jurisdiction; to provide for a deadline to establish goals and missions for transit operators; to provide for required terms of any contractual agreement between the authority and the Metropolitan Atlanta Rapid Transit Authority; to provide for the transfer of public transit services operations through contractual agreement by December 31, 2014; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 475. By Senator Hill of the 32nd: A BILL to be entitled an Act to amend Titles 31 and 48 of the Official Code of Georgia Annotated, relating to health and revenue and taxation, respectively, so as to establish charity care organizations to provide health care services to 464 JOURNAL OF THE SENATE the uninsured in this state; to provide for definitions; to provide for tax credits for contributions to charity care organizations; to provide for the amount, nature, limits, and procedures for such tax credits; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. SR 979. By Senator Unterman of the 45th: A RESOLUTION creating the Senate Aging Study Committee; and for other purposes. Referred to the Health and Human Services Committee. SR 994. By Senators McKoon of the 29th, Ginn of the 47th, Harbison of the 15th, Unterman of the 45th, Hooks of the 14th and others: A RESOLUTION creating the Senate Broadband Availability Study Committee; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 999. By Senators James of the 35th, Orrock of the 36th, Davenport of the 44th, Paris of the 26th, Fort of the 39th and others: A RESOLUTION urging the State Board of Education to provide for a course of instruction or incorporate into current curriculum rape prevention and personal safety education programs for students in grades nine through 12 to help stop teen dating violence; and for other purposes. Referred to the Education and Youth Committee. SR 1011. By Senators Hill of the 32nd, Rogers of the 21st, Cowsert of the 46th and Goggans of the 7th: A RESOLUTION urging Congress to enact the FairTax and expressing the State of Georgia's commitment to ratify the repeal of the 16th Amendment and to conform the existing state tax code accordingly; and for other purposes. Referred to the Rules Committee. WEDNESDAY, FEBRUARY 22, 2012 465 The following House legislation was read the first time and referred to committee: HB 472. By Representatives Smith of the 131st, Ehrhart of the 36th, Maxwell of the 17th, Lindsey of the 54th and Benfield of the 85th: A BILL to be entitled an Act to amend Code Section 3-5-36 of the Official Code of Georgia Annotated, relating to the brewpub exception to the three-tier distribution system, so as to amend the terms and conditions that exist for owners and operators of brewpubs; to increase the maximum quantity of barrels of beer that may be manufactured and sold; to remove that requirement that beer be sold solely in draft form; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 634. By Representatives Sheldon of the 105th, Rice of the 51st, Coleman of the 97th, Harrell of the 106th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to installment payment of ad valorem taxes, so as to change the provisions relative to population brackets and the census regarding interest on unpaid ad valorem taxes in each county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, so that such provisions remain applicable to such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 635. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and others: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), so as to change the normal retirement age for certain employees; to change the definition of the term "disability"; to provide the actuarial equivalent basis which is stated in the document; to provide for certain limitations on compensation and benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 466 JOURNAL OF THE SENATE HB 733. By Representatives Hightower of the 68th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to add holdover provisions for appointees; 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 786. By Representatives Hembree of the 67th and Geisinger of the 48th: A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; 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 886. By Representatives Williamson of the 111th, Smyre of the 132nd, Carson of the 43rd, Battles of the 15th, Williams of the 113th 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 limits on obligations of one person or corporation, so as to limit certain obligations related to credit exposure as a counterparty in derivative transactions; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 895. By Representatives Carter of the 175th, Collins of the 27th, Hatchett of the 143rd, Purcell of the 159th, Davis of the 109th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to provide for more effective methods of gathering information relating to sexual offenders; to extend the powers and duties of the Georgia Bureau of Investigation; to provide for the transfer of personnel to the Georgia Bureau of Investigation; to provide for procedure; 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. WEDNESDAY, FEBRUARY 22, 2012 467 HB 905. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 929. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others: A BILL to be entitled an Act to repeal an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3584), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1679); to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 930. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others: A BILL to be entitled an Act to repeal an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. 468 JOURNAL OF THE SENATE HB 1014. 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 28, 2010 (Ga. L. 2010, p 3655), 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 1019. By Representatives Parent of the 81st, Taylor of the 79th and Bell of the 58th: A BILL to be entitled an Act to amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; 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 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 427 SB 428 SB 429 Do Pass by substitute Do Pass by substitute Do Pass by substitute 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 447 Do Pass Respectfully submitted, Senator Goggans of the 7th District, Chairman WEDNESDAY, FEBRUARY 22, 2012 469 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 411 SB 441 SR 858 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Grant of the 25th 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 295 Do Pass Respectfully submitted, Senator Golden of the 8th 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 848 HB 892 HB 921 HB 926 SB 413 SB 435 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 885 HB 908 HB 925 HB 927 SB 433 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman 470 JOURNAL OF THE SENATE Mr. President: The State and Local Governmental Operations (General) Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 176 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: HB 741 HB 760 SB 403 SB 404 SB 407 The following Senators were excused for business outside the Senate Chamber: Thompson of the 33rd Tolleson of the 20th 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 Carter of the 1st asked unanimous consent that Senator McKoon of the 29th be excused. The consent was granted, and Senator McKoon was excused. Senator Carter of the 1st asked unanimous consent that Senator Millar of the 40th be excused. The consent was granted, and Senator Millar was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Loudermilk Miller Mullis Murphy Paris Seay Shafer Sims Staton Stone Stoner Thompson, C Tippins WEDNESDAY, FEBRUARY 22, 2012 471 Fort Ginn Goggans Jeffares Jones Ligon Not answering were Senators: McKoon (Excused) Ramsey Thompson, S. (Excused) Millar (Excused) Rogers Tolleson (Excused) Unterman Wilkinson Orrock (Excused) Tate Williams Senator Tate was off the floor of the Senate when the roll was called and wished to be recorded as present. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Chance of the 16th introduced the chaplain of the day, Reverend Benny Tate of Milner, Georgia, who offered scripture reading and prayer. The President introduced the doctor of the day, Dr. John J. Rogers. Senator Bulloch of the 11th recognized the American Association of Family and Consumer Sciences (AAFCS), commended by SR 672, adopted previously. Senator Davis of the 22nd recognized February 19 to February 25, 2012, as Engineers Week at the capitol, commended by SR 967, adopted previously. Trey Wingate, president of the Georgia Society of Professional Engineers, addressed the Senate briefly. Senator Hill of the 4th honored the life and memory of Daisy Mills, commended by SR 50EX, adopted previously. Reverend Lloyd Dees addressed the Senate briefly. Senator Harbison of the 15th recognized the Georgia National Guard, commended by SR 876, adopted previously. Senator Hill of the 4th recognized Georgia Guard soldiers and airmen and others who have fallen during Operation Iraqi Freedom and Operation Enduring Freedom, commended by SR 958, adopted previously. Adjutant General Jim Butterworth addressed the Senate briefly. The following resolutions were read and adopted: SR 972. By Senator Rogers of the 21st: A RESOLUTION commending Wylie Brown, Lassiter High School's 2012 STAR Teacher; and for other purposes. 472 JOURNAL OF THE SENATE SR 973. By Senator Rogers of the 21st: A RESOLUTION commending Jennifer Wojtczak, Pope High School's 2012 STAR Teacher; and for other purposes. SR 974. By Senator Rogers of the 21st: A RESOLUTION commending Susan Layton, Shiloh Hills Christian School's 2012 STAR Teacher; and for other purposes. SR 975. By Senator Rogers of the 21st: A RESOLUTION commending Corry Mulligan, Shiloh Hills Christian School's 2012 STAR Student; and for other purposes. SR 976. By Senator Gooch of the 51st: A RESOLUTION commending Mike Williams, Dawson County High School's 2012 STAR Teacher; and for other purposes. SR 977. By Senator Gooch of the 51st: A RESOLUTION commending Grant Mitchell Shope, Dawson County High School's 2012 STAR Student; and for other purposes. SR 978. By Senator Gooch of the 51st: A RESOLUTION honoring the life and work of Ms. Madeleine Kiker Anthony; and for other purposes. SR 980. By Senators Butler of the 55th, Jones of the 10th, Orrock of the 36th and Davenport of the 44th: A RESOLUTION recognizing and commending Mrs. Mattie Ruth Little on the occasion of her 100th birthday; and for other purposes. SR 981. By Senators Butler of the 55th and Cowsert of the 46th: A RESOLUTION recognizing and commending Ed Carson; and for other purposes. SR 982. By Senators Butler of the 55th and Crosby of the 13th: A RESOLUTION recognizing and commending the Cordele Judicial Circuit CFR Committees; and for other purposes. WEDNESDAY, FEBRUARY 22, 2012 473 SR 983. By Senators Butler of the 55th and Grant of the 25th: A RESOLUTION recognizing and commending the Ocmulgee Judicial Circuit CFR Committees; and for other purposes. SR 984. By Senators Butler of the 55th and Goggans of the 7th: A RESOLUTION recognizing and commending the Alapaha Judicial Circuit CFR Committees; and for other purposes. SR 985. By Senator Hamrick of the 30th: A RESOLUTION recognizing and commending Atlanta's John Marshall Law School's negotiation team; and for other purposes. SR 986. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Reverend Jimmy Elder; and for other purposes. SR 987. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ariel Steele; and for other purposes. SR 988. By Senators Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Louis Salerno, Kell High School's 2012 STAR Student; and for other purposes. SR 989. By Senators Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Wylie Brown, Lassiter High School's 2012 STAR Teacher; and for other purposes. SR 990. By Senators Jackson of the 24th, Goggans of the 7th, Cowsert of the 46th, Bethel of the 54th and Stone of the 23rd: A RESOLUTION recognizing and commending Stevens Creek Elementary School for being named one of the 2011 Georgia Schools of Excellence; and for other purposes. 474 JOURNAL OF THE SENATE SR 991. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION recognizing and commending the 15th annual Collard Green Festival in Port Wentworth, Georgia; and for other purposes. SR 992. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION honoring the life and memory of Mrs. Eunice Hines Adams; and for other purposes. SR 993. By Senators Jackson of the 24th, Goggans of the 7th, Cowsert of the 46th, Bethel of the 54th and Stone of the 23rd: A RESOLUTION honoring the life and memory of Charles H. Moore, Sr.; and for other purposes. SR 995. By Senators Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Tyler Molinaro, Lassiter High School's 2012 STAR Student; and for other purposes. SR 996. By Senators Hill of the 32nd and Rogers of the 21st: A RESOLUTION commending Sara Griffin, Kell High School's 2012 STAR Teacher; and for other purposes. SR 997. By Senator Hill of the 32nd: A RESOLUTION commending Alex Williams, Pope High School's 2012 STAR Student; and for other purposes. SR 998. By Senator Hill of the 32nd: A RESOLUTION commending Jake Albert, Walton High School's 2012 STAR Student; and for other purposes. SR 1000. By Senator Hill of the 32nd: A RESOLUTION commending Jennifer Wojtczak, Pope High School's 2012 STAR Teacher; and for other purposes. SR 1001. By Senator Hill of the 32nd: A RESOLUTION commending Tina Link, Walton High School's 2012 STAR Teacher; and for other purposes. WEDNESDAY, FEBRUARY 22, 2012 475 SR 1002. By Senator Hill of the 32nd: A RESOLUTION commending Lisa Wang, Walton High School's 2012 STAR Student; and for other purposes. SR 1003. By Senator Hill of the 32nd: A RESOLUTION commending Emily Morrison, Sprayberry High School's 2012 STAR Student; and for other purposes. SR 1004. By Senator Hill of the 32nd: A RESOLUTION commending David Martin, Sprayberry High School's 2012 STAR Teacher; and for other purposes. SR 1005. By Senators Hill of the 32nd and Albers of the 56th: A RESOLUTION commending Leighton Michelle Rowell, North Springs Charter High School's 2012 STAR Student; and for other purposes. SR 1006. By Senators Hill of the 32nd and Albers of the 56th: A RESOLUTION commending Jacqueline Protos, North Springs Charter High School's 2012 STAR Teacher; and for other purposes. SR 1007. By Senators Tolleson of the 20th and Bulloch of the 11th: A RESOLUTION recognizing and commending the Decatur County Forestry Unit on being named the Georgia Forestry Commission 2011 Southern Unit of the Year; and for other purposes. SR 1008. By Senators Tolleson of the 20th, Bulloch of the 11th, Chance of the 16th and Crane of the 28th: A RESOLUTION recognizing and commending the Coweta-Fayette-South Fulton County Forestry Unit, known as "Coweta Forestry Unit" on being named the Georgia Forestry Commission 2011 Northern Unit of the Year; and for other purposes. SR 1009. By Senators Tolleson of the 20th, Bulloch of the 11th, Chance of the 16th and Crane of the 28th: A RESOLUTION recognizing and commending the Chattahoochee District on being named the Georgia Forestry Commission 2011 District of the Year; and for other purposes. 476 JOURNAL OF THE SENATE SR 1010. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending Manasa Bhatta; and for other purposes. Senator Golden of the 8th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday February 22, 2012 Twenty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 413 Jackson of the 24th GLASCOCK COUNTY A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Glascock County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 433 Bethel of the 54th DALTON-WHITFIELD COUNTY A BILL to be entitled an Act to amend an Act creating and establishing the Dalton-Whitfield County Charter and Consolidation Commission, approved May 13, 2011 (Ga. L. 2011, p. 4100), so as to change certain provisions relating to referendum results; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SB 435 Hooks of the 14th WEBSTER COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Webster County, approved April 9, 1993 (Ga. L. 1993, p. 5075), as amended, particularly by an Act approved HB 848 HB 885 HB 892 WEDNESDAY, FEBRUARY 22, 2012 477 April 8, 2002 (Ga. L. 2002, p. 3826), so as to change the description of the education districts; to define certain terms; to provide for continuation in office of current members; to provide for method of election; 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. Bethel of the 54th WHITFIELD COUNTY A BILL to be entitled an Act to amend an Act shortening the terms of office and providing for the election of members of the Board of Education of Whitfield County, approved April 4, 1991 (Ga. L. 1991, p. 3638), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4301), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th DODGE COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Dodge County, approved March 6, 1996 (Ga. L. 1996, p. 3507), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3981), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Crane of the 28th Hamrick of the 30th CARROLL COUNTY A BILL to be entitled an Act to amend an Act relating to the board of education and school superintendent of the Carroll County School District, approved March 20, 1985 (Ga. L. 1985, p. 3945), as amended, particularly by an Act approved April 28, 2006 (Ga. L. 478 HB 908 HB 921 HB 925 JOURNAL OF THE SENATE 2006, p. 3758), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the election and terms of office of members of the board; to provide for related matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Ginn of the 47th CITY OF COMMERCE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), and by an Act approved May 5, 2005 (Ga. L. 2005, p. 3597), so as to change the description of the education districts for the Commerce Independent School District; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Bethel of the 54th MURRAY COUNTY A BILL to be entitled an Act to amend an Act relative to the Murray County Board of Education, approved March 8, 1990 (Ga. L. 1990, p. 3668), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Jackson of the 24th MCDUFFIE COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, approved February 16, 1955 (Ga. L. 1955, p. 2331), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3718), so as to change the description WEDNESDAY, FEBRUARY 22, 2012 479 of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 926 Jackson of the 24th MCDUFFIE COUNTY A BILL to be entitled an Act to amend an Act providing for a sevenmember Board of Education of McDuffie County, approved March 27, 1972 (Ga. L. 1972, p. 2538), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3708), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 927 Jackson of the 24th CITY OF THOMSON A BILL to be entitled an Act to amend an Act creating a new charter for the City of Thomson, approved March 15, 1973 (Ga. L. 1973, p. 2132), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3724), so as to change the description of the election districts for the members of the city council; to provide for definitions and inclusions; to provide for the continuation in office of the current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The 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 Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris Y Ramsey 480 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 52, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Harbison of the 15th recognized the National Apartment Association Education Institute and declared the month of February as National Apartment Careers Month, commended by SR 803, adopted previously. Senator Bulloch of the 11th asked unanimous consent that the following bill be withdrawn from the Senate Regulated Industries and Utilities Committee and committed to the Senate Agriculture and Consumer Affairs Committee: HB 409. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend Article 3 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and registration of veterinarians and veterinary technicians, so as to revise certain provisions as to the application for a license to practice veterinary medicine; to provide for a waiver under certain circumstances; to revise certain provisions as to the scheduling and administration of examinations for veterinary technicians; to provide for related matters; to repeal conflicting laws; and for other purposes. The consent was granted, and HB 409 was committed to the Senate Agriculture and Consumer Affairs Committee. WEDNESDAY, FEBRUARY 22, 2012 481 SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 22, 2012 TWENTY-THIRD LEGISLATIVE DAY SB 239 License Plates; unregistered vehicle; presumption of residency under certain circumstances; displaying out-of-state license plate (Substitute) (TRANS-49th) SB 324 Veterinary Medicine; clarify a certain definition (AG&CA-53rd) SB 332 County Sales/Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds (Substitute) (FIN-3rd) SB 338 "Georgia Volunteers in Dentistry and Dental Hygiene Act"; provide for special licenses for dentists and dental hygienists licensed in other jurisdictions (H&HS-7th) SB 360 Fish and Fishing; include certain tilapia species as domestic fish; prohibit the use/sale of tilapia as live bait (NR&E-50th) SB 361 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body (H&HS-49th) SB 370 Controlled Substances; Schedule I and V controlled substance; "dangerous drug"; provisions (H&HS-1st) SB 396 Herty Advanced Materials Development Center; change prov.; rename and transfer governance to Board of Regents (NR&E-16th) 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 239. By Senators Miller of the 49th, Mullis of the 53rd, Rogers of the 21st, Gooch of the 51st, Murphy of the 27th and others: A BILL to be entitled an Act to amend Code Section 40-2-8 of the Official Code of Georgia Annotated, relating to the operation of an unregistered vehicle 482 JOURNAL OF THE SENATE or vehicle without current license plate, revalidation decal, or county decal, so as to provide for a presumption of residency under certain circumstances for drivers of vehicles displaying an out-of-state license plate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Transportation Committee offered the following substitute to SB 239: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to provide for an inference of residency under certain circumstances for drivers of vehicles displaying a license plate not issued by this state; to provide for exceptions to such inference; to provide for instances for issuing uniform traffic citations for resident drivers with license plates not issued by this state; to provide for motor vehicle insurers to submit information regarding out of state insurance coverage transfers to the Department of Driver Services; to provide for an effective date and applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended in subsection (a) of Code Section 40-2-8, relating to the operation of an unregistered vehicle or vehicle without a current license plate, revalidation decal, or county decal, as follows: "(a)(1) Any person owning or operating any vehicle described in Code Section 40-220 on any public highway or street without complying with that Code section shall be guilty of a misdemeanor, provided that a person shall register his or her motor vehicle within 30 days after becoming a resident of this state. (2) Any person renting, or leasing, or loaning any vehicle described in Code Section 40-2-20 which is being used on any public highway or street without complying with that Code section shall be guilty of a misdemeanor. and, (3) In any criminal action or proceeding arising out of acts alleged to have been committed by any person in violation of this subsection, the trier of fact may, in its discretion, infer that the driver of a vehicle displaying a license plate not issued by this state has violated this subsection if the person operating the vehicle presents a Georgia driver's license that was issued more than 30 days prior to the date of the stop; provided, however, that no such inference may be drawn if the driver presented at the time of arrest or citation: (A) A valid military identification card; WEDNESDAY, FEBRUARY 22, 2012 483 (B) A current student identification card for attendance in a postsecondary school of this state; (C) Documentation evidencing that the driver owns or leases a residence outside this state; (D) Documentation evidencing that the driver temporarily borrowed the vehicle from a nonresident owner; or (E) Documentation evidencing that the vehicle is owned or leased by a corporation incorporated outside this state. (4) An initial uniform traffic citation may be issued for an alleged violation of this subsection when the vehicle is stopped by a law enforcement officer to enforce any other traffic laws and ordinances in effect in this state. If the vehicle remains unregistered after 30 days have passed since the issuance of an initial citation for a violation of this subsection, a law enforcement officer may initiate a stop of a vehicle alleged to be in violation of this subsection on such basis alone. (5) upon A conviction thereof, under this subsection shall be punished by a fine of $100.00 for each violation; and each day that such vehicle is operated in violation of Code Section 40-2-20 shall be deemed to be a separate and distinct offense. SECTION 2. Said chapter is further amended in subparagraph (b)(1)(B) of Code Section 40-2-137, relating to notice and electronic transmission of insurance coverage and termination by insurers, as follows: "(B) In cases in which the minimum motor vehicle insurance coverage required by Chapter 34 of Title 33 terminates or is transferred to another state, the insurer shall by electronic transmission notify the department of such coverage termination on or before the date coverage ends or, in cases of a transfer request or if termination is at the request of the insured, then on the date such request is processed by the insurer. Insurance coverage termination or transfer information included in such notice shall include the vehicle identification number and the date of coverage termination or transfer. For the purposes of this Code section, the Commissioner of Insurance shall furnish such notices to the department upon termination or transfer of a certificate of self-insurance." SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Miller of the 49th asked unanimous consent that SB 239 be placed on the Table. The consent was granted, and SB 239 was placed on the Table. 484 JOURNAL OF THE SENATE Senator Hill of the 32nd was excused for business outside the Senate Chamber. SB 324. By Senators Mullis of the 53rd, Tolleson of the 20th, Wilkinson of the 50th, Hooks of the 14th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to the practice of veterinary medicine, so as to clarify a certain definition; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath N Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 2. SB 324, having received the requisite constitutional majority, was passed. SB 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others: 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 tax, so as WEDNESDAY, FEBRUARY 22, 2012 485 to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 332: 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 tax, so as to require estimated operating costs to be specified in an ordinance or resolution calling for a referendum; to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, is amended in Code Section 48-8-111, relating to the procedure for imposition of tax, resolution or ordinance, notice to county election superintendent, and election, by revising paragraphs (3) and (4) of subsection (a) as follows: "(3) The estimated cost of the project or projects which will be funded from the proceeds of the tax, which estimated cost shall also be the estimated amount of net proceeds to be raised by the tax, unless the provisions of paragraph (1) of subsection (b) or subparagraph (b)(2)(A) of Code Section 48-8-115 are applicable, in which case the final day of the tax shall be based upon the length of time for which the tax was authorized to be levied by the referendum; and (4) 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 local government issuing the debt, 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; and (5) The estimated ongoing costs to operate and maintain the project upon completion." SECTION 2. Said article is further amended by revising Code Section 48-8-122, relating to record of projects on which tax proceeds are used and annual reporting and newspaper publication of report, as follows: 486 JOURNAL OF THE SENATE "48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government or in a prominent location on the local government website, a simple, nontechnical report which shows for each project or 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, any excess proceeds which have not been expended for a project or purpose, estimated completion date, and the actual completion cost of a project completed during the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends 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 or purpose." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "48-8-124. The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this part, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person or entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this part." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Ligon, Jr. of the 3rd offered the following amendment #1: Amend the Senate Finance Committee substitute to SB 332 (LC 33 4552S) by striking lines 35 and 36 and inserting in lieu thereof the following: of general circulation in the boundaries of such local government and in a prominent location on the local government website, if such local government maintains a website, a simple, nontechnical report which shows for each WEDNESDAY, FEBRUARY 22, 2012 487 On the adoption of the amendment, there were no objections, and the Ligon 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort N Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks N Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer N Sims N Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 6. SB 332, having received the requisite constitutional majority, was passed by substitute. SB 338. By Senators Goggans of the 7th, Jackson of the 2nd and Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," so as to provide for special licenses for dentists and dental hygienists licensed in other jurisdictions; to provide for related matters; to repeal conflicting laws; and for other purposes. 488 JOURNAL OF THE SENATE Senator Goggans of the 7th offered the following amendment #1: Amend SB 338 (LC 33 4464) by inserting after "jurisdictions;" on line 3 the following: to amend Code Section 43-11-40 of the Official Code of Georgia Annotated, relating to qualifications of applicants, so as to revise a provision relating to education requirements; By inserting between lines 22 and 23 the following: SECTION 1A. Code Section 43-11-40 of the Official Code of Georgia Annotated, relating to qualifications of applicants, is amended by revising subparagraph (a)(1)(A) as follows: "(A) Successful completion at an accredited dental school approved by the board of the last two years of a program leading to and receipt of the doctor of dental surgery (D.D.S.) or doctor of dental medicine (D.M.D.) degree; and" On the adoption of the amendment, there were no objections, and the Goggans 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams WEDNESDAY, FEBRUARY 22, 2012 489 On the passage of the bill, the yeas were 55, nays 0. SB 338, having received the requisite constitutional majority, was passed as amended. SB 360. By Senators Wilkinson of the 50th, Williams of the 19th, Tolleson of the 20th and Jeffares of the 17th: A BILL to be entitled an Act to amend Code Section 27-1-2 of the Official Code of Georgia Annotated, relating to definitions relative to game and fish, so as to include certain tilapia species as domestic fish; to amend Code Section 27-4-5 of the Official Code of Georgia Annotated, relating to methods of taking fish generally, so as to prohibit the use or sale of tilapia as live bait; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 2. SB 360, having received the requisite constitutional majority, was passed. 490 JOURNAL OF THE SENATE SB 361. By Senators Miller of the 49th, Unterman of the 45th, Hooks of the 14th, Goggans of the 7th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and businesses, respectively, so as to expand provisions relating to the accreditation of health care facilities to recognize the inclusion of additional nationally recognized health care accreditation bodies; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Butch Miller of the 49th offered the following amendment #1: Amend SB 361 by adding the words "for hospitals" after body and before the semi-colon on line 146 On the adoption of the amendment, there were no objections, and the Miller 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams WEDNESDAY, FEBRUARY 22, 2012 491 On the passage of the bill, the yeas were 56, nays 0. SB 361, having received the requisite constitutional majority, was passed as amended. SB 370. By Senators Carter of the 1st, Bethel of the 54th, Jackson of the 2nd and Goggans of the 7th: 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 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 53, nays 1. SB 370, having received the requisite constitutional majority, was passed. 492 JOURNAL OF THE SENATE The following communication was received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE Please record me as a Yes vote on SB 370 /s/ Tommie Williams 2-22-12 SB 396. By Senators Chance of the 16th, Jackson of the 24th, Miller of the 49th, Jeffares of the 17th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to change certain provisions relating to the Herty Advanced Materials Development Center; to rename the center and transfer governance of the center to the Board of Regents of the University System of Georgia; to provide for an advisory board; to redesignate said provisions into 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; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner WEDNESDAY, FEBRUARY 22, 2012 493 Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 56, nays 0. SB 396, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE February 22, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Butch Miller to serve as Ex-Officio Member for the Senate Veterans, Military and Homeland Security Committee on February 22, 2012. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore 494 JOURNAL OF THE SENATE Senator Rogers of the 21st moved that the Senate stand in recess until 5:00 p.m., then adjourn until 10:00 a.m. Thursday, February 23, 2012. At 12:17 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 adopted by the requisite constitutional majority the following Resolution of the House: HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The following House legislation was read the first time and referred to committee: HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Education and Youth Committee. Pursuant to an earlier adopted motion, the Senate stood adjourned at 5:00 p.m. THURSDAY, FEBRUARY 23, 2012 495 Senate Chamber, Atlanta, Georgia Thursday, February 23, 2012 Twenty-fourth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 514. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to authorize free tastings of distilled spirits to be conducted on the premises of distillers as a part of educational and promotional distillery tours; to define certain terms; to provide for the conditions under which such consumer tastings may be conducted; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 640. By Representative Rogers of the 26th: A BILL to be entitled an Act to amend Code Section 33-36-14 of the Official Code of Georgia Annotated, relating to exhaustion of rights by claimants against insolvent insurers, so as to correct certain language to provide internal consistency; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 687. By Representatives Taylor of the 79th, Riley of the 50th, Cooke of the 18th and Atwood of the 179th: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law 496 HB 730. HB 769. HB 774. JOURNAL OF THE SENATE enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement resources; to provide for exceptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th, Lindsey of the 54th, Geisinger of the 48th and Rynders of the 152nd: A BILL to be entitled an Act to amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and to general authority, duties, and procedure relative to state purchasing, respectively, so as to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Geisinger of the 48th, Willard of the 49th, Oliver of the 83rd, Lindsey of the 54th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, so as to provide that, until such time as the division is appropriately funded, it shall not be necessary to file copies of filings with the Public Service Commission with the division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Holt of the 112th and Williams of the 113th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 775. HB 811. HB 850. HB 958. THURSDAY, FEBRUARY 23, 2012 497 By Representatives Holt of the 112th and Williams of the 113th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Harrell of the 106th, Willard of the 49th, Oliver of the 83rd and Holcomb of the 82nd: A BILL to be entitled an Act to amend Chapter 9 of Title 29 of the Official Code of Georgia Annotated, relating to court proceedings involving guardian and ward, so as to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Dickey of the 136th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal 498 HB 959. HB 976. HB 977. JOURNAL OF THE SENATE Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representative Dickey of the 136th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to revise districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4547), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4541), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 23, 2012 499 HB 980. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved June 3, 2003, (Ga. L. 2003, p. 4670), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1000. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 10, 2004 (Ga. L. 2004, p. 3501), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1001. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Irwin County, approved February 15, 1993 (Ga. L. 1993, p. 3757), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1009. By Representatives Harden of the 147th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4861), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of 500 JOURNAL OF THE SENATE Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1010. By Representatives Harden of the 147th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3719), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5740), so as to reapportion the education districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1031. By Representative Channell of the 116th: A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1063. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. HB 1070. By Representative Nimmer of the 178th: A BILL to be entitled an Act to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 23, 2012 501 The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 231. By Senators Tippins of the 37th and Williams of the 19th: A BILL to be entitled an Act to amend Code Section 42-8-60 of the Official Code of Georgia Annotated, relating to probation prior to adjudication of guilt, violation of probation, and review of criminal record by a judge, so as to provide additional offenses for which first offender status shall not be granted; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 476. By Senators Hill of the 32nd and Goggans of the 7th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide a short title; to provide for legislative intent; to provide a definition; to provide for continuation of coverage and available policy options; to provide for the time period for conversion rights and available policy options; to provide for group conversion policies and rating methods; to prohibit certain rescissions of policies; to provide for certain renewal right and options; to provide for the continued coverage of certain dependents through age 26; to provide limitations on certain pre-existing condition policy provisions; to provide for the extended continuation of coverages beginning at age 55; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 477. By Senators Sims of the 12th, Stoner of the 6th, Henson of the 41st and Hooks of the 14th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Baker County and provide for its powers and duties, approved May 6, 2009 (Ga. L. 2009, p. 3716), so as to reconstitute and change the composition of the board and the selection and appointment of its members; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 502 JOURNAL OF THE SENATE SB 478. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to amend Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for authorization to operate by means of accreditation for nonpublic postsecondary institutions that meet certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. SR 1014. By Senators Mullis of the 53rd, Bethel of the 54th, Miller of the 49th, Wilkinson of the 50th, Rogers of the 21st and others: A RESOLUTION to create the Mountain Caucus of the Georgia State Senate; and for other purposes. Referred to the Rules Committee. SR 1025. By Senators Ramsey, Sr. of the 43rd, Jeffares of the 17th, Albers of the 56th, Henson of the 41st, Stoner of the 6th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for pari-mutuel wagering on horse racing; to provide that the net proceeds from such activity shall be used solely for educational programs and educational purposes; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Economic Development Committee. The following House legislation was read the first time and referred to committee: HB 514. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to authorize free tastings of distilled spirits to be conducted on the premises of distillers as a part of educational and promotional distillery tours; to define certain terms; to provide for the conditions under which such consumer tastings may be conducted; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. THURSDAY, FEBRUARY 23, 2012 503 HB 640. By Representative Rogers of the 26th: A BILL to be entitled an Act to amend Code Section 33-36-14 of the Official Code of Georgia Annotated, relating to exhaustion of rights by claimants against insolvent insurers, so as to correct certain language to provide internal consistency; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 687. By Representatives Taylor of the 79th, Riley of the 50th, Cooke of the 18th and Atwood of the 179th: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to general provisions for law enforcement officers and agencies, so as to require persons and companies licensed to provide alarm monitoring services to utilize alarm verification in order to preserve valuable municipal and county law enforcement resources; to provide for exceptions; 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 730. By Representatives Hembree of the 67th, Lindsey of the 54th, Geisinger of the 48th and Rynders of the 152nd: A BILL to be entitled an Act to amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and to general authority, duties, and procedure relative to state purchasing, respectively, so as to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services relative to public works construction contracts; to provide for related matters; to provide an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Urban Affairs Committee. HB 769. By Representatives Geisinger of the 48th, Willard of the 49th, Oliver of the 83rd, Lindsey of the 54th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, so as to provide that, until such time as the division is appropriately funded, it 504 JOURNAL OF THE SENATE shall not be necessary to file copies of filings with the Public Service Commission with the division; 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 774. By Representatives Holt of the 112th and Williams of the 113th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval 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 775. By Representatives Holt of the 112th and Williams of the 113th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval 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 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for THURSDAY, FEBRUARY 23, 2012 505 definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 850. By Representatives Harrell of the 106th, Willard of the 49th, Oliver of the 83rd and Holcomb of the 82nd: A BILL to be entitled an Act to amend Chapter 9 of Title 29 of the Official Code of Georgia Annotated, relating to court proceedings involving guardian and ward, so as to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 958. By Representative Dickey of the 136th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 959. By Representative Dickey of the 136th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to revise districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 506 JOURNAL OF THE SENATE HB 976. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4547), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 977. By Representative Powell of the 29th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4541), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 980. By Representatives Rogers of the 26th, Collins of the 27th, Dunahoo of the 25th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved June 3, 2003, (Ga. L. 2003, p. 4670), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1000. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. THURSDAY, FEBRUARY 23, 2012 507 571), as amended, particularly by an Act approved February 10, 2004 (Ga. L. 2004, p. 3501), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1001. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Irwin County, approved February 15, 1993 (Ga. L. 1993, p. 3757), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1009. By Representatives Harden of the 147th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4861), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; 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 1010. By Representatives Harden of the 147th and Rynders of the 152nd: A BILL to be entitled an Act to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3719), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5740), so as to reapportion the education districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; 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. 508 JOURNAL OF THE SENATE HB 1031. By Representative Channell of the 116th: A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1063. By Representatives Epps of the 128th, Nix of the 69th and Smith of the 129th: A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), so as to change the membership of the authority; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1070. By Representative Nimmer of the 178th: A BILL to be entitled an Act to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 448 Do Pass by substitute Respectfully submitted, Senator Murphy of the 27th District, Chairman THURSDAY, FEBRUARY 23, 2012 509 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 642 SB 424 SR 766 Do Pass Do Pass Do Pass by substitute HB 805 Do Pass SR 673 Do Pass Respectfully submitted, Senator Hill of the 32nd 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 299 SB 365 Do Pass by substitute Do Pass by substitute SB 356 SB 458 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th 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 384 SR 848 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: 510 JOURNAL OF THE SENATE HB 788 HB 912 HB 922 SB 436 Do Pass Do Pass Do Pass Do Pass HB 789 HB 913 HB 947 Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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: HB 800 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: HB 295 SB 447 SB 411 SR 858 SB 427 SB 428 SB 429 SB 441 The following Senators were excused for business outside the Senate Chamber: Crosby of the 13th Thompson of the 5th Staton of the 18th Thompson of the 33rd Tate of the 38th The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Davenport Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Miller Mullis Murphy Orrock Paris Rogers Seay Shafer Sims Stone Stoner THURSDAY, FEBRUARY 23, 2012 511 Davis Fort Goggans Golden Gooch Grant Jones Ligon Loudermilk McKoon Millar Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Crosby (Excused) Staton (Excused) Thompson, S. (Excused) Ginn Tate (Excused) Ramsey Thompson, C. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Stone of the 23rd introduced the chaplain of the day, Pastor Randy Byrd of Martinez, Georgia, who offered scripture reading and prayer. Senator McKoon of the 29th introduced the doctor of the day, Dr. Margaret D. Schaufler. The following resolutions were read and adopted: SR 1012. By Senator Hill of the 32nd: A RESOLUTION commending Andrew Adams, Walton High School's 2012 STAR Teacher; and for other purposes. SR 1013. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending David Walter Boggs; and for other purposes. SR 1015. By Senators McKoon of the 29th and Harbison of the 15th: A RESOLUTION honoring the life and memory of Freddie Richardson; and for other purposes. SR 1016. By Senators McKoon of the 29th, Harbison of the 15th and Ginn of the 47th: A RESOLUTION commending United Technologies Corporation and recognizing February 23, 2012, as United Technologies Corporation Employee Scholar Day at the capitol; and for other purposes. 512 JOURNAL OF THE SENATE SR 1017. By Senators James of the 35th, Jones of the 10th, Davenport of the 44th, Jackson of the 2nd, Henson of the 41st and others: A RESOLUTION recognizing and commending Chief Tunde Adetunji and the Africa Heritage Foundation; and for other purposes. SR 1018. By Senators Tate of the 38th, Orrock of the 36th, Davenport of the 44th, James of the 35th, Fort of the 39th and others: A RESOLUTION recognizing and commending Mr. George G. Andrews; and for other purposes. SR 1019. By Senator Carter of the 1st: A RESOLUTION recognizing and commending Kenneth Smalls-Muldrow; and for other purposes. SR 1020. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending Pamela Berger; and for other purposes. SR 1021. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending Martin Jones; and for other purposes. SR 1022. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Hadassah on the occasion of its 100th anniversary; and for other purposes. SR 1023. By Senators Paris of the 26th, Staton of the 18th, Grant of the 25th, Tate of the 38th, Millar of the 40th and others: A RESOLUTION honoring the life and memory of Senator Robert Brown; and for other purposes. SR 1024. By Senators Mullis of the 53rd, Shafer of the 48th, Loudermilk of the 52nd, Williams of the 19th, Miller of the 49th and others: A RESOLUTION commending Mark Ruskell; and for other purposes. THURSDAY, FEBRUARY 23, 2012 513 SR 1026. By Senator Balfour of the 9th: A RESOLUTION recognizing and commending LifeSouth Community Blood Centers and the Five Points of Life Foundation; and for other purposes. SR 1027. By Senator Gooch of the 51st: A RESOLUTION recognizing and commending Greg Sheppard; and for other purposes. SR 1028. By Senator Gooch of the 51st: A RESOLUTION commending Amy Payne, Union County High School's 2012 STAR Teacher; and for other purposes. SR 1029. By Senator Gooch of the 51st: A RESOLUTION commending Cameron Schuette, Union County High School's 2012 STAR Student; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday February 23, 2012 Twenty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 436 Hooks of the 14th WEBSTER COUNTY A BILL to be entitled an Act to amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; to provide for related matters; to repeal conflicting laws; and for other purposes. 514 HB 788 HB 789 HB 912 JOURNAL OF THE SENATE Ligon, Jr. of the 3rd CAMDEN COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Camden County, approved March 30, 1987 (Ga. L. 1987, p. 4943), as amended, particularly by an Act approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 232), so as to change the description of the education districts; to provide for inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd CAMDEN COUNTY A BILL to be entitled an Act to amend an Act to amend, restate, revise, reorganize, and modernize the law relating to the board of commissioners of Camden County and certain officers of Camden County, approved March 25, 2002 (Ga. L. 2002, p. 3609), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Jackson of the 24th COLUMBIA COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Columbia County, approved March 21, 1968 (Ga. L. 1968, p. 2708), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3973), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 913 HB 922 HB 947 THURSDAY, FEBRUARY 23, 2012 515 Jackson of the 24th COLUMBIA COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3699), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4565), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd CHATTOOGA COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Chattooga County, approved April 25, 2002 (Ga. L. 2002, p. 4723), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Jackson of the 24th Grant of the 25th WARREN COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Warren County, approved February 4, 1993 (Ga. L. 1993, p. 3651), as amended, particularly by an Act approved March 10, 2008 (Ga. L. 2008, p. 3531), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 516 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate E Thompson, C E Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local legislation, the yeas were 45, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Bethel of the 54th moved to engross SB 382, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Hill, Judson N Hooks N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims THURSDAY, FEBRUARY 23, 2012 517 N Chance Y Cowsert Y Crane E Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone N Stoner E Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 33, nays 18; the motion prevailed, and SB 382 was engrossed. Senator Bethel of the 54th moved to engross HB 829, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane E Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Shafer Sims Y Staton Y Stone N Stoner E Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 32, nays 17; the motion prevailed, and HB 829 was engrossed. 518 SB 153 SB 289 SB 316 SB 378 SB 382 SB 385 SB 402 SR 646 HB 741 HB 829 JOURNAL OF THE SENATE SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR THURSDAY, FEBRUARY 23, 2012 TWENTY-FOURTH LEGISLATIVE DAY Education; professional development plans for personnel who have deficiencies; provide certain requirements and rights (Substitute) (ED&Y-21st) Education; require students; one course containing online learning (Substitute) (ED&Y-21st) Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending (Substitute) (JUDY-54th) Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition (Substitute) (H&HS-1st) Public Service Commission; change description of the election districts; manner of election and term of office (Substitute) (R&R-48th) Insurance Commissioner; provide for confidentiality of certain records; exceptions; premium taxes and rate; manner of collection (Substitute) (I&L-48th) "Employees' Retirement System of Georgia Enhanced Investment Authority Act"; define certain terms relating to certain types of investments (Substitute) (RET-8th) Senate; expressing the will to ensure necessary conditions for expanded high-quality digital learning opportunities for students of this state (ED&Y-21st) Supplemental appropriations; State Fiscal Year July 1, 2011 - June 30, 2012 (Substitute) (APPROP-4th) Ralston-7th State house districts; boundaries of certain districts; revise (R&R-54th) Lane-167th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee THURSDAY, FEBRUARY 23, 2012 519 The following legislation was read the third time and put upon its passage: SB 153. By Senators Rogers of the 21st and Hill of the 32nd: 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 certain requirements and rights relating to professional development plans for personnel who have deficiencies and other needs; to revise certain provisions relating to termination or suspension of a contract of employment; to provide for certain definitions; 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 153: 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 certain provisions relating to termination or suspension of a contract of employment; 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 revising Code Section 20-2-940, relating to grounds and procedure for terminating or suspending contract of employment, as follows: "20-2-940. (a) Grounds for termination or suspension. Except as otherwise provided in this subsection, the contract of employment of a teacher, principal administrator, or other employee having a contract for a definite term may be terminated or suspended for the following reasons: (1) Incompetency; (2) Insubordination; (3) Willful neglect of duties; (4) Immorality; (5) Inciting, encouraging, or counseling students to violate any valid state law, municipal ordinance, or policy or rule of the local board of education; (6) To reduce staff due to loss of students or cancellation of programs and due to no fault or performance issue of the teacher, administrator, or other employee. In the event that a teacher, administrator, or other employee is terminated or suspended 520 JOURNAL OF THE SENATE pursuant to this paragraph, the local unit of administration shall specify in writing to such teacher, administrator, or other employee that the termination or suspension is due to no fault or performance issues of such teacher, administrator, or other employee; (7) Failure to secure and maintain necessary educational training; or (8) Any other good and sufficient cause. A teacher, principal administrator, or other employee having a contract of employment for a definite term shall not have such contract terminated or suspended for refusal to alter a grade or grade report if the request to alter a grade or grade report was made without good and sufficient cause. (b) Notice. Before the discharge or suspension of a teacher, principal administrator, or other employee having a contract of employment for a definite term, written notice of the charges shall be given at least ten days before the date set for hearing and shall state: (1) The cause or causes for his or her discharge, suspension, or demotion in sufficient detail to enable him or her fairly to show any error that may exist therein; (2) The names of the known witnesses and a concise summary of the evidence to be used against him or her. The names of new witnesses shall be given as soon as practicable; (3) The time and place where the hearing thereon will be held; and (4) That the charged teacher or other person, upon request, shall be furnished with compulsory process or subpoena legally requiring the attendance of witnesses and the production of documents and other papers as provided by law. (c) Service. All notices required by this part relating to suspension from duty shall be served either personally or by certified mail or statutory overnight delivery. All notices required by this part relating to demotion, termination, nonrenewal of contract, or reprimand shall be served by certified mail or statutory overnight delivery. Service shall be deemed to be perfected when the notice is deposited in the United States mail addressed to the last known address of the addressee with sufficient postage affixed to the envelope. (d) Counsel; testimony. Any teacher, principal administrator, or other person against whom such charges listed in subsection (a) of this Code section have been brought shall be entitled to be represented by counsel and, upon request, shall be entitled to have subpoenas or other compulsory process issued for attendance of witnesses and the production of documents and other evidence. Such subpoenas and compulsory process shall be issued in the name of the local board and shall be signed by the chairman chairperson or vice-chairman vice chairperson of the local board. In all other respects, such subpoenas and other compulsory process shall be subject to Part 1 of Article 2 of Chapter 10 of Title 24, as now or hereafter amended. (e) Hearing. (1) The hearing shall be conducted before the local board, or the local board may designate a tribunal to consist of not less than three nor more than five impartial persons possessing academic expertise to conduct the hearing and submit its findings THURSDAY, FEBRUARY 23, 2012 521 and recommendations to the local board for its decision thereon. (2) The hearing shall be reported at the local board's expense. If the matter is heard by a tribunal, the transcript shall be prepared at the expense of the local board and an original and two copies shall be filed in the office of the superintendent. If the hearing is before the local board, the transcript need not be typed unless an appeal is taken to the State Board of Education, in which event typing of the transcript shall be paid for by the appellant. In the event of an appeal to the state board, the original shall be transmitted to the state board as required by its rules. (3) Oath or affirmation shall be administered to all witnesses by the chairman chairperson, any member of the local board, or by the local board attorney. Such oath shall be as follows: 'You do solemnly swear (or affirm) that the evidence shall be the truth, the whole truth, and nothing but the truth. So help you God.' (4) All questions relating to admissibility of evidence or other legal matters shall be decided by the chairman chairperson or presiding officer, subject to the right of either party to appeal to the full local board or hearing tribunal, as the case may be; provided, however, that the parties by agreement may stipulate that some disinterested member of the State Bar of Georgia shall decide all questions of evidence and other legal issues arising before the local board or tribunal. In all hearings, the burden of proof shall be on the school system, and it shall have the right to open and to conclude. Except as otherwise provided in this subsection, the same rules governing nonjury trials in the superior court shall prevail. (f) Decision; appeals. The local board shall render its decision at the hearing or within five days thereafter. Where the hearing is before a tribunal, the tribunal shall file its findings and recommendations with the local board within five days of the conclusion of the hearing, and the local board shall render its decision thereon within ten days after the receipt of the transcript. Appeals may be taken to the state board in accordance with Code Section 20-2-1160, as now or hereafter amended, and the rules and regulations of the state board governing appeals. (g) Superintendent's power to relieve from duty temporarily. The superintendent of a local school system may temporarily relieve from duty any teacher, principal, or other employee having a contract for a definite term for any reason specified in subsection (a) of this Code section, pending hearing by the local board in those cases where the charges are of such seriousness or other circumstances exist which indicate that such teacher or employee could not be permitted to continue to perform his or her duties pending hearing without danger of disruption or other serious harm to the school, its mission, pupils, or personnel. In any such case, the superintendent shall notify the teacher or employee in writing of such action, which notice shall state the grounds thereof and shall otherwise comply with the requirements of the notice set forth in subsection (b) of this Code section. Such action by the superintendent shall not extend for a period in excess of ten working days, and during such period, it shall be the duty of the local board to conduct a hearing on the charges in the same manner provided for in subsections (e) and (f) of this Code section, except that notice of the time and place 522 JOURNAL OF THE SENATE of hearing shall be given at least three days prior to the hearing. During the period that the teacher or other employee is relieved from duty prior to the decision of the local board, the teacher or employee shall be paid all sums to which he or she is otherwise entitled. If the hearing is delayed after the ten-day period as set out in this subsection at the request of the teacher or employee, then the teacher or employee shall not be paid beyond the ten-day period unless he or she is reinstated by the local board, in which case he or she shall receive all compensation to which he or she is otherwise entitled." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Rogers of the 21st, Heath of the 31st, Millar of the 40th and Chance of the 16th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SB 153 (LC 33 4619S) by inserting on line 3 after "employment;" the following: to provide certain requirements for furlough days; By inserting between lines 112 and 113 the following: SECTION 1A. Said chapter is further amended by adding a new Code section to Subpart 2 of Part 6 of Article 6, relating to conditions of employment, to read as follows: "20-2-221. In the event that a local school system furloughs teachers and other school personnel during any school year, such furlough day shall be on a Monday or Friday or in conjunction with a holiday, unless the local board of education provides otherwise." On the adoption of the amendment, there were no objections, and the Rogers, et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris Y Ramsey THURSDAY, FEBRUARY 23, 2012 523 Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 153, having received the requisite constitutional majority, was passed by substitute. The following Senators were excused for business outside the Senate Chamber: Cowsert of the 46th Tippins of the 37th Davis of the 22nd Goggans of the 7th Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. SB 289. By Senators Rogers of the 21st, Millar of the 40th, Williams of the 19th and Albers of the 56th: 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 require students to take one course containing online learning; to provide for the online administration of end-of-course assessments; to require local school systems to provide opportunities for participation in part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to provide for blended learning courses in charter schools which include online instruction; to provide for related matters; to repeal conflicting laws; and for other purposes. 524 JOURNAL OF THE SENATE The Senate Education and Youth Committee offered the following substitute to SB 289: 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 require students to take one course containing online learning; to provide for the online administration of end-of-course assessments; to revise provisions relating to the Georgia Virtual School; to require local school systems to provide opportunities for participation in part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to revise provisions relating to possession of electronic communication devices in school; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 2 of Article 6, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows: "20-2-140.1. Beginning with students entering ninth grade in the 2014-2015 school year, each student shall complete prior to graduation at least one course containing online learning. This requirement shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.3. A student who is enrolled in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.3 meets this requirement. The State Board of Education shall be authorized to provide for exemptions to the requirements of this Code section for students who are disabled and not able to participate in an online course." SECTION 2. Said chapter is further amended in Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated to local school systems, by revising subsection (a) 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 THURSDAY, FEBRUARY 23, 2012 525 Department of Education. The initial enrollment count shall be made after October 1 but prior to November 17 and the final enrollment count after March 1 but prior to May 1. The report shall indicate the student's specific assigned program for each one-sixth segment of the school day on the designated reporting date. No program shall be indicated for a student for any one-sixth segment of the school day that the student is assigned to a study hall; a noncredit course; a course recognized under this article or by state board policy as an enrichment course, except a driver education course; a course which requires participation in an extracurricular activity for which enrollment is on a competitive basis; a course in which the student serves as a student assistant to a teacher, in a school office, or in the media center, except when such placement is an approved work site of a recognized career or vocational program; an individual study course for which no outline of course objectives is prepared in writing prior to the beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-159.5 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. 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 3. Said chapter is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by revising subsection (h) as follows: "(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. By the 2015-2016 526 JOURNAL OF THE SENATE school year, all end-of-course assessments shall be administered online at the completion of the course; provided, however, that the State Board of Education shall be authorized to waive the deadline contained in this provision if a local school system is unable to meet such deadline." SECTION 4. Said chapter is further amended by revising Code Section 20-2-319.1, relating to the Georgia Virtual School, as follows: "20-2-319.1. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student, provided that public school students shall be given priority. The State Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of any maximum number of courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. A local school system shall not prohibit any student from taking a course through the Georgia Virtual School, regardless of whether the school in which the student is enrolled offers the same course. (b)(1) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School associated with the maintenance of the Georgia Virtual School, such as new course development, credit recovery, blended learning training, and operating a clearinghouse. (2) The local school system shall pay to the department costs for tuition, materials, and fees directly related to the approved course taken by a student in its school system through the Georgia Virtual School; provided, however, that in no event shall the amount of tuition charged to the local school system exceed $250.00 per student per semester course. THURSDAY, FEBRUARY 23, 2012 527 (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title." SECTION 5. Said chapter is further amended in Part 14 of Article 6, relating to other educational programs under the "Quality Basic Education Act," by adding new Code sections to read as follows: "20-2-319.3. (a) Beginning with the 2012-2013 school year, each local school system shall provide opportunities to all students enrolled in public schools within its boundaries for participation in part-time and full-time virtual instruction program options. Written notice of such opportunities, including an open enrollment period for full-time students of at least 90 days and not ending earlier than 30 days prior to the first day of the school year, shall be provided directly to parents of all students. The purpose of the program shall be to make quality virtual instruction available to students using online and distance learning technology in the nontraditional classroom. The program shall provide at least three options for: (1) Full-time virtual instruction for students enrolled in kindergarten through grade 12; and (2) Part-time virtual instruction for students enrolled in kindergarten through grade 12. A virtual instruction program conducted by a local school system shall include specific provision for at least two full-time options and one part-time option for students enrolled in dropout prevention and academic intervention programs or Department of Juvenile Justice education programs under Code Section 20-2-133. (b) To provide students with the option of participating in virtual instruction programs as required by subsection (a) of this Code section, a local school system may apply one or all of the following mechanisms: (1) Facilitate enrollment in the Georgia Virtual School established pursuant to Code Section 20-2-319.1; (2) Enter into a contract with an approved provider under subsection (c) of this Code section for the provision of a full-time program under paragraph (1) of subsection (a) of this Code section or a part-time program under paragraph (2) of subsection (a) of this Code section; or (3) Enter into an agreement with another local school system or systems to allow the participation of its students in an approved virtual instruction program provided by such other local school system or systems. The agreement shall indicate a process for the transfer of funds. Contracts and agreements entered into pursuant to paragraph (2) or (3) of this subsection may include multidistrict contractual arrangements that may be executed by a regional educational service agency for its member school systems. (c) The department shall annually provide local school systems with a list of providers approved to offer virtual instruction programs. To be approved by the department, a 528 JOURNAL OF THE SENATE provider shall document that it: (1) Possesses prior, successful experience offering online courses to elementary, middle, or high school students, as demonstrated through quantified student performance improvements for each subject area and grade level provided for consideration as instructional program options; (2) Assures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level intended for provision within local school system contracts, including: (A) Courses and programs that meet the nationally recognized standards for K-12 online learning; (B) Instructional content and services that align with and measure student attainment of proficiency in the state-approved curriculum; and (C) Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate; (3) Publishes, in accordance with disclosure requirements adopted by the State Board of Education, for the general public, as part of its application as a provider, and in all contracts negotiated pursuant to this Code section: (A) Information and data about each full-time and part-time program regarding its curriculum; (B) School policies and procedures; (C) Certification status of all administrative and instructional personnel; (D) Teacher-student ratios; (E) Student completion and promotion rates; and (F) Student, educator, and school performance accountability outcomes. (d) An approved provider shall retain its approved status for a period of five years after the date of the department's approval pursuant to subsection (c) of this Code section as long as the provider continues to comply with all requirements of this Code section; provided, however, that each provider approved by the department for the 2012-2013 school year shall reapply for approval to provide a part-time program for students in kindergarten through grade 12. (e) Each contract with an approved provider shall at a minimum set forth a detailed curriculum plan that illustrates how students will be provided services for, and be measured for attainment of, proficiency in state curriculum requirements for each grade level and subject. 20-2-319.4. No later than December 1, 2012, the Department of Education shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which identifies and explains the best methods and strategies for enabling the department to assist local boards of education in acquiring digital learning at as reasonable prices as possible by providing a plan under which local boards may THURSDAY, FEBRUARY 23, 2012 529 voluntarily pool their bids for such purchases. The report shall identify criteria that will enable local boards to differentiate between the level of service as well as pricing based upon such factors as the level of student support, the frequency of teacher-student communications, instructional accountability standards, and academic integrity. The report shall also examine ways to increase student access to digital learning." SECTION 6. Said chapter is further amended by revising Code Section 20-2-1183, relating to possession of electronic communication devices in school, as follows: "20-2-1183. The possession of an electronic communication device by a student in school shall be permitted or prohibited as specifically prescribed by rule or policy set by the local board of education. If prohibited, the local board of education may provide for exceptions to such prohibition and for disciplinary actions for possession in violation of the prohibition. If possession of an electronic communication device by a student in school is permitted, the local board policy shall not permit, including the use by a student of any personal electronic communication device during classroom instructional time." SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Fort of the 39th, Henson of the 41st, Jones of the 10th and Paris of the 26th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SB 289 (LC 33 4575S) by striking lines 2 through 5 and inserting in lieu thereof the following: elementary and secondary education, so as to provide that students may take one course containing online learning; to provide that end-of-course assessments may be provided online; to revise provisions relating to the Georgia Virtual School; to provide that local school systems may provide opportunities for participation in part-time and full-time virtual instruction programs; By striking lines 17 through 26 and inserting in lieu thereof the following: Beginning with students entering ninth grade in the 2014-2015 school year, each student may complete prior to graduation at least one course containing online learning. This may be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.3. A student who is enrolled in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.3 meets this requirement. The State Board of Education shall be authorized to provide for 530 JOURNAL OF THE SENATE exemptions for students who are disabled and not able to participate in an online course." By striking lines 73 through 76 and inserting in lieu thereof the following: end-of-course tests by December 1, 2000. By the 2015-2016 school year, all end-ofcourse assessments may be administered online at the completion of the course." By striking the word "shall" on lines 108, 119, 123, 124, 126, and 131, and inserting in lieu thereof the word "may". On the adoption of the amendment, the President asked unanimous consent. Senator Rogers of the 21st objected. On the adoption of the amendment, the yeas were 16, nays 23, and the Fort, et al. amendment #1 to the committee substitute was lost. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance E Cowsert Y Crane Y Crosby N Davenport E Davis N Fort Y Ginn E Goggans Y Golden Y Gooch Y Grant N Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, FEBRUARY 23, 2012 531 On the passage of the bill, the yeas were 36, nays 15. SB 289, having received the requisite constitutional majority, was passed by substitute. SB 316. By Senators Bethel of the 54th, Mullis of the 53rd, Hamrick of the 30th, Shafer of the 48th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 3 of Title 9 of the Official Code of Georgia Annotated, relating to limitations of actions, so as to increase the tolling period for limitations for tort actions while a criminal prosecution is pending; to amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to extend the statute of limitations for the prosecutions of the offenses of cruelty to children in the first degree, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 316: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, so as to extend the statute of limitations for the prosecutions of the offenses of trafficking a person for sexual servitude, cruelty to children in the first degree, rape, sodomy, aggravated sodomy, statutory rape, child molestation, aggravated child molestation, enticing a child for indecent purposes, and incest; 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 17 of the Official Code of Georgia Annotated, relating to limitations on prosecutions, is amended by revising Code Section 17-3-1, relating to limitation on prosecutions generally, as follows: "17-3-1. (a) A prosecution for murder may be commenced at any time. (b) Prosecution Except as otherwise provided in Code Section 17-3-2.1, prosecution for other crimes punishable by death or life imprisonment must shall be commenced within seven years after the commission of the crime except as provided by subsection (c.1) (d) of this Code section; provided, however, that prosecution for the crime of 532 JOURNAL OF THE SENATE forcible rape must shall be commenced within 15 years after the commission of the crime. (c) Prosecution Except as otherwise provided in Code Section 17-3-2.1, prosecution for felonies other than those specified in subsections (a), (b), and (c.1) (d) of this Code section must shall be commenced within four years after the commission of the crime, provided that prosecution for felonies committed against victims who are at the time of the commission of the offense under the age of 18 years must shall be commenced within seven years after the commission of the crime. (c.1)(d) A prosecution for the following offenses may be commenced at any time when deoxyribonucleic acid (DNA) evidence is used to establish the identity of the accused: (1) Armed robbery, as defined in Code Section 16-8-41; (2) Kidnapping, as defined in Code Section 16-5-40; (3) Rape, as defined in Code Section 16-6-1; (4) Aggravated child molestation, as defined in Code Section 16-6-4; (5) Aggravated sodomy, as defined in Code Section 16-6-2; or (6) Aggravated sexual battery, as defined in Code Section 16-6-22.2; provided, however, that a sufficient portion of the physical evidence tested for DNA is preserved and available for testing by the accused and provided, further, that, if the DNA evidence does not establish the identity of the accused, the limitation on prosecution shall be as provided in subsections (b) and (c) of this Code section. (d)(e) Prosecution for misdemeanors must shall be commenced within two years after the commission of the crime." SECTION 2. Said chapter is further amended by revising Code Section 17-3-2.1, relating to limitation on prosecution of certain offenses involving a victim under 16 years of age, as follows: "17-3-2.1. (a) If For crimes committed during the period beginning on July 1, 1992, and ending on June 30, 2012, if the victim of a violation of: (1) Cruelty to children as defined in Code Section 16-5-70, relating to cruelty to children; (2) Rape as defined in Code Section 16-6-1, relating to rape; (3) Sodomy or aggravated sodomy as defined in Code Section 16-6-2, relating to sodomy and aggravated sodomy; (4) Statutory rape as defined in Code Section 16-6-3, relating to statutory rape; (5) Child molestation or aggravated child molestation as defined in Code Section 166-4, relating to child molestation and aggravated child molestation; (6) Enticing a child for indecent purposes as defined in Code Section 16-6-5, relating to enticing a child for indecent purposes; or (7) Incest as defined in Code Section 16-6-22, relating to incest, is under 16 years of age on the date of the violation, the applicable period within which a prosecution must shall be commenced under Code Section 17-3-1 or other applicable THURSDAY, FEBRUARY 23, 2012 533 statute shall not begin to run until the victim has reached the age of 16 or the violation is reported to a law enforcement agency, prosecuting attorney, or other governmental agency, whichever occurs earlier. Such law enforcement agency or other governmental agency shall promptly report such allegation to the appropriate prosecuting attorney. (b) This Code section shall apply to any offense designated in paragraphs (1) through (7) of subsection (a) of this Code section occurring on or after July 1, 1992 For crimes committed on and after July 1, 2012, if the victim of a violation of: (1) Trafficking a person for sexual servitude as defined in Code Section 16-5-46; (2) Cruelty to children in the first degree as defined in Code Section 16-5-70; (3) Rape as defined in Code Section 16-6-1; (4) Sodomy or aggravated sodomy as defined in Code Section 16-6-2; (5) Statutory rape as defined in Code Section 16-6-3; (6) Child molestation or aggravated child molestation as defined in Code Section 166-4; (7) Enticing a child for indecent purposes as defined in Code Section 16-6-5; or (8) Incest as defined in Code Section 16-6-22, is under 16 years of age on the date of the violation, the applicable period within which a prosecution shall be commenced under Code Section 17-3-1 or other applicable statute shall not begin to run until the victim has reached the age of 18 and shall be extended to until ten years after the victim's eighteenth birthday; provided, however, that prosecution for the crime of forcible rape shall be extended to until 15 years after the victim's eighteenth birthday." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton 534 JOURNAL OF THE SENATE E Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 316, having received the requisite constitutional majority, was passed by substitute. Senator Unterman of the 45th recognized Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute, commended by SR 857, adopted previously. Dr. Mary Beth Walker addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Ramsey, Sr. of the 43rd Stoner of the 6th The Calendar was resumed. HB 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II). Senate Sponsor: Senator Hill of the 4th. THURSDAY, FEBRUARY 23, 2012 535 SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 741 A BILL TO BE ENTITLED AN ACT To amend an Act making and providing appropriations for the State Fiscal Year beginning July 1, 2011 and ending June 30, 2012, known as the general appropriations Act, approved May 12, 2011, as House Bill 78, Act No. 223, Ga. Laws 2011, Volume One, Book Two Appendix, commencing at Page 1 of 231, 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, 2011, and ending June 30, 2012, known as the general appropriations Act, approved May 12, 2011, as House Bill 78, Act No. 223, Ga. Laws 2011, Volume One, Book Two Appendix, commencing at Page 1 of 231, 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, 2011 and ending June 30, 2012, as prescribed hereinafter for such fiscal year: HB 741 (FY 2012A) 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 & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized $18,550,987,951 $18,550,987,951 $18,503,799,022 $16,023,068,183 $16,023,068,183 $15,975,879,254 $165,586,475 $165,586,475 $165,586,475 $934,393,584 $934,393,584 $934,393,584 $918,008,929 $918,008,929 $918,008,929 $138,472,267 $138,472,267 $138,472,267 $2,333,708 $2,333,708 $2,333,708 $143,556,543 $143,556,543 $143,556,543 $225,568,262 $225,568,262 $225,568,262 $10,654,791,199 $11,220,419,440 $11,095,468,390 $2,906,014,665 $3,456,265,576 $3,456,240,546 536 JOURNAL OF THE SENATE ARRA-Electricity Delivery and Energy Reliability CFDA81.122 ARRA-Head Start CFDA93.708 ARRA-Medical Assistance Program CFDA93.778 ARRA-Promote Health Info Tech CFDA93.719 ARRA-Watershed Rehabilitation Program CFDA10.916 CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Mental Health Services Block Grant CFDA93.958 Community Services Block Grant CFDA93.569 Federal 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 FFIND 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 FFIND Temp. Assistance for Needy Families 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 Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Intergovernmental Transfers Hospital Authorities Intergovernmental Transfers Not Itemized $241,475 $2,000,000 $14,623,547 $583,731 $3,865,821 $93,207,077 $130,957,733 $14,163,709 $17,282,159 $1,143,641,430 $77,728,169 $24,827,737 $20,893,965 $5,433,905,069 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $266,205,440 $330,741,739 $330,741,739 $21,721,810 $9,551,600 $5,636,268,062 $8,146,958 $8,146,958 $368,807,740 $368,807,740 $3,706,288 $3,706,288 $2,349,508,356 $214,057,828 $2,135,450,528 $241,475 $2,000,000 $14,623,547 $583,731 $3,865,821 $93,207,077 $130,957,733 $14,163,709 $17,282,159 $1,143,641,430 $77,728,169 $24,827,737 $20,893,965 $5,449,282,399 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $266,205,440 $330,741,739 $330,741,739 $21,721,810 $9,551,600 $6,348,982,335 $8,146,958 $8,146,958 $1,081,908,308 $1,081,908,308 $3,706,288 $3,706,288 $2,349,508,356 $214,057,828 $2,135,450,528 $241,475 $2,000,000 $14,623,547 $583,731 $3,865,821 $93,207,077 $130,957,733 $14,163,709 $17,282,159 $1,143,641,430 $77,728,169 $24,827,737 $20,893,965 $5,321,519,219 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $244,451,346 $355,332,993 $355,332,993 $21,721,810 $9,551,600 $6,348,982,335 $8,146,958 $8,146,958 $1,081,908,308 $1,081,908,308 $3,706,288 $3,706,288 $2,349,508,356 $214,057,828 $2,135,450,528 THURSDAY, FEBRUARY 23, 2012 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 Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments Income from DECAL for Supplemental Childcare Services Central State Hospital Food and Utility Sales Indemnification Funds Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases Liability Funds Loss Control Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments for GBA Facilities Retirement Payments Administrative Fees from the Self Insurance Trust Fund 537 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,966,332 $6,500,000 $435,771 $2,651,014,433 $1,016,128 $13,055,304 $13,055,304 $3,503,697,210 $3,494,796,086 $12,192,899 $1,451,269 $8,277,437 $2,930,915,989 $2,500,000 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $1,330,388 $7,558,600 $333,430 $203,686 $280,857,262 $23,019,185 $727,045 $46,157,764 $2,621,163 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,580,037 $6,500,000 $435,771 $2,650,628,138 $1,016,128 $13,055,304 $13,055,304 $3,503,697,210 $3,494,796,086 $12,192,899 $1,451,269 $8,277,437 $2,930,915,989 $2,500,000 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $1,330,388 $7,558,600 $333,430 $203,686 $280,857,262 $23,019,185 $727,045 $46,157,764 $2,621,163 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,580,037 $6,500,000 $435,771 $2,650,628,138 $1,016,128 $13,055,304 $13,055,304 $3,503,546,746 $3,494,645,622 $12,192,899 $1,300,805 $8,277,437 $2,930,915,989 $2,500,000 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $1,330,388 $7,558,600 $333,430 $203,686 $280,857,262 $23,019,185 $727,045 $46,157,764 $2,621,163 538 JOURNAL OF THE SENATE 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 National School Lunch Program CFDA10.555 FF Water Quality Management Planning CFDA66.454 Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 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 Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Medical Assistance Program CFDA93.778 Foster Care Title IV-E CFDA93.658 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 Temporary Assistance for Needy Families Grant CFDA93.558 $18,666,404 $18,666,404 $18,666,404 $89,100,000 $89,100,000 $89,100,000 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $6,982,905 $6,982,905 $6,982,905 $1,802,127 $1,802,127 $1,802,127 $1,531,226 $1,531,226 $1,531,226 $48,098 $48,098 $48,098 $3,353,096 $3,353,096 $3,353,096 $248,358 $248,358 $248,358 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $34,842,047,212 $36,120,389,726 $35,948,249,747 $255,156,098 $255,156,098 $43,710,412 $43,710,412 $165,586,475 $165,586,475 $27,156,289 $27,156,289 $4,638,104 $4,638,104 $400,000 $400,000 $12,234,604 $12,234,604 $1,430,214 $1,430,214 $449,565,349 $1,015,193,590 ($22,337,926) $527,912,985 $13,937,139 $13,937,139 $2,176,512 $2,176,512 $1,000,000 $1,000,000 $432,966,945 $448,344,275 $200,470 $200,470 $66,982,008 $66,982,008 ($34,019,598) ($34,019,598) ($8,219,598) ($8,219,598) $207,967,169 ($3,478,517) $165,586,475 $27,156,289 $4,638,104 $400,000 $12,234,604 $1,430,214 $865,651,286 $527,887,955 $13,937,139 $2,176,512 $1,000,000 $320,581,095 $200,470 $45,227,914 ($34,019,598) ($8,219,598) THURSDAY, FEBRUARY 23, 2012 539 FFIND Temp. Assistance for Needy Families CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments Unemployment Compensation Funds Workers Compensation Funds Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 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 ($2,634,262) ($2,634,262) ($2,634,262) ($8,705,939) ($8,705,939) ($8,705,939) $353,471,960 $1,066,186,233 $1,066,186,233 $351,939,816 $1,065,040,384 $1,065,040,384 $351,939,816 $1,065,040,384 $1,065,040,384 $552,576 $552,576 $552,576 $552,576 $552,576 $552,576 $496,301 $496,301 $496,301 $496,301 $496,301 $496,301 $483,267 $96,972 $96,972 $483,267 $96,972 $96,972 ($148,876,255) ($148,876,255) ($149,026,719) ($149,166,544) ($149,166,544) ($149,317,008) $150,464 $150,464 $0 $48,000 $48,000 $48,000 ($175,140,614) ($175,140,614) ($175,140,614) $3,000,000 $3,000,000 $3,000,000 $22,775,606 $22,775,606 $22,775,606 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $909,317,152 $2,187,659,666 $1,990,777,969 ($24,591,254) ($24,591,254) ($24,591,254) ($24,591,254) ($24,591,254) ($24,591,254) Section Total - Continuation $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 540 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,266,366 $10,266,366 $10,266,366 $10,259,750 $10,259,750 $10,259,750 $10,259,750 $10,259,750 $10,259,750 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS $1,187,278 $1,187,278 $1,187,278 State General Funds $1,187,278 $1,187,278 $1,187,278 TOTAL PUBLIC FUNDS $1,187,278 $1,187,278 $1,187,278 1.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 1.2 Reduce funds for operations. $19,427 $19,427 State General Funds ($21,775) ($21,775) 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,187,278 $1,187,278 $1,187,278 Appropriation (HB 741) $1,184,930 $1,184,930 $1,184,930 $1,184,930 $1,184,930 $1,184,930 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS $1,080,389 $1,080,389 $1,080,389 State General Funds $1,080,389 $1,080,389 $1,080,389 TOTAL PUBLIC FUNDS $1,080,389 $1,080,389 $1,080,389 2.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 2.2 Reduce funds for operations. $13,958 $13,958 State General Funds ($18,680) ($18,680) THURSDAY, FEBRUARY 23, 2012 541 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,080,389 $1,080,389 $1,080,389 Appropriation (HB 741) $1,075,667 $1,075,667 $1,075,667 $1,075,667 $1,075,667 $1,075,667 Senate Continuation Budget TOTAL STATE FUNDS $7,073,613 $7,073,613 $7,073,613 State General Funds $7,073,613 $7,073,613 $7,073,613 TOTAL PUBLIC FUNDS $7,073,613 $7,073,613 $7,073,613 3.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 3.2 Reduce funds for operations. $90,937 $90,937 State General Funds ($106,459) ($106,459) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,073,613 $7,073,613 $7,073,613 Appropriation (HB 741) $7,058,091 $7,058,091 $7,058,091 $7,058,091 $7,058,091 $7,058,091 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 $925,086 $925,086 $925,086 State General Funds $925,086 $925,086 $925,086 TOTAL PUBLIC FUNDS $925,086 $925,086 $925,086 4.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $15,976 $15,976 542 JOURNAL OF THE SENATE 4.100 -Senate Budget and Evaluation Office Appropriation (HB 741) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $925,086 $941,062 $941,062 State General Funds $925,086 $941,062 $941,062 TOTAL PUBLIC FUNDS $925,086 $941,062 $941,062 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,540,176 $18,540,176 $18,540,176 $18,506,135 $18,506,135 $18,506,135 $18,506,135 $18,506,135 $18,506,135 House of Representatives Continuation Budget TOTAL STATE FUNDS $18,540,176 $18,540,176 $18,540,176 State General Funds $18,540,176 $18,540,176 $18,540,176 TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 5.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 5.2 Reduce funds for operations. $224,082 $224,082 State General Funds ($258,123) ($258,123) 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 Appropriation (HB 741) $18,506,135 $18,506,135 $18,506,135 $18,506,135 $18,506,135 $18,506,135 THURSDAY, FEBRUARY 23, 2012 543 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,994,033 $9,994,033 $9,994,033 $9,961,286 $9,961,286 $9,961,286 $9,961,286 $9,961,286 $9,961,286 Ancillary Activities Continuation Budget The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,903,201 $4,903,201 $4,903,201 State General Funds $4,903,201 $4,903,201 $4,903,201 TOTAL PUBLIC FUNDS $4,903,201 $4,903,201 $4,903,201 6.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 6.2 Increase funds to reflect an adjustment in telecommunications expenses. $21,143 $21,143 State General Funds 6.3 Reduce funds for operations. $8,048 $8,048 State General Funds ($147,096) ($147,096) 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,903,201 State General Funds $4,903,201 TOTAL PUBLIC FUNDS $4,903,201 Appropriation (HB 741) $4,785,296 $4,785,296 $4,785,296 $4,785,296 $4,785,296 $4,785,296 544 JOURNAL OF THE SENATE Legislative Fiscal Office Continuation Budget The purpose of this appropriation is to act as the bookkeeper-comptroller for the legislative branch of government and maintain an account of legislative expenditures and commitments. TOTAL STATE FUNDS $2,244,125 $2,244,125 $2,244,125 State General Funds $2,244,125 $2,244,125 $2,244,125 TOTAL PUBLIC FUNDS $2,244,125 $2,244,125 $2,244,125 7.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $31,318 $31,318 7.100-Legislative Fiscal Office Appropriation (HB 741) 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 $2,244,125 $2,275,443 $2,275,443 State General Funds $2,244,125 $2,275,443 $2,275,443 TOTAL PUBLIC FUNDS $2,244,125 $2,275,443 $2,275,443 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 $2,846,707 $2,846,707 $2,846,707 State General Funds $2,846,707 $2,846,707 $2,846,707 TOTAL PUBLIC FUNDS $2,846,707 $2,846,707 $2,846,707 8.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $53,840 $53,840 8.100 -Office of Legislative Counsel Appropriation (HB 741) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,846,707 $2,900,547 $2,900,547 State General Funds $2,846,707 $2,900,547 $2,900,547 TOTAL PUBLIC FUNDS $2,846,707 $2,900,547 $2,900,547 THURSDAY, FEBRUARY 23, 2012 545 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $29,426,906 $29,426,906 $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $30,547,096 $30,547,096 $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $30,547,096 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $30,547,096 $29,900,967 $29,900,967 $1,120,190 $1,120,190 $1,120,190 $31,021,157 $29,900,967 $29,900,967 $1,120,190 $1,120,190 $1,120,190 $31,021,157 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 546 JOURNAL OF THE SENATE 9.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 9.2 Reduce funds to reflect an adjustment in telecommunications expenses. $436,450 $436,450 State General Funds ($29,509) ($29,509) 9.99 SAC: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; and to provide state financial information online to promote transparency in government. State General Funds $0 9.100 -Audit and Assurance Services Appropriation (HB 741) 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; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $25,605,609 $26,012,550 $26,012,550 State General Funds $25,605,609 $26,012,550 $26,012,550 TOTAL AGENCY FUNDS $1,120,190 $1,120,190 $1,120,190 Intergovernmental Transfers $1,120,190 $1,120,190 $1,120,190 Intergovernmental Transfers Not Itemized $1,120,190 $1,120,190 $1,120,190 TOTAL PUBLIC FUNDS $26,725,799 $27,132,740 $27,132,740 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,587,057 $1,587,057 $1,587,057 THURSDAY, FEBRUARY 23, 2012 547 State General Funds $1,587,057 $1,587,057 $1,587,057 TOTAL PUBLIC FUNDS $1,587,057 $1,587,057 $1,587,057 10.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $24,516 $24,516 10.2 Increase funds to pass through funding for operations for the Immigration Enforcement Review Board. (S:Reflect funds in new Immigration Enforcement Review Board program) State General Funds $7,650 $0 10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,587,057 State General Funds $1,587,057 TOTAL PUBLIC FUNDS $1,587,057 Appropriation (HB 741) $1,619,223 $1,619,223 $1,619,223 $1,611,573 $1,611,573 $1,611,573 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 $242,758 $242,758 $242,758 State General Funds $242,758 $242,758 $242,758 TOTAL PUBLIC FUNDS $242,758 $242,758 $242,758 11.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,324 $2,324 11.100 -Legislative Services Appropriation (HB 741) 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 $242,758 $245,082 $245,082 548 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $242,758 $242,758 $245,082 $245,082 $245,082 $245,082 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 $1,991,482 $1,991,482 $1,991,482 State General Funds $1,991,482 $1,991,482 $1,991,482 TOTAL PUBLIC FUNDS $1,991,482 $1,991,482 $1,991,482 12.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $32,630 $32,630 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 741) 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 $1,991,482 $2,024,112 $2,024,112 State General Funds $1,991,482 $2,024,112 $2,024,112 TOTAL PUBLIC FUNDS $1,991,482 $2,024,112 $2,024,112 Immigration Enforcement Review Board Continuation Budget TOTAL STATE FUNDS State General Funds 800.1 Increase funds for operations for the Immigration Enforcement Review Board. State General Funds $0 $0 $7,650 THURSDAY, FEBRUARY 23, 2012 549 800.99 SAC: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. State General Funds $0 800.100-Immigration Enforcement Review Board Appropriation (HB 741) The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. TOTAL STATE FUNDS $7,650 State General Funds $7,650 TOTAL PUBLIC FUNDS $7,650 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $13,357,490 $13,357,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $13,507,490 $13,507,490 Section Total - Final $13,398,030 $13,398,030 $150,000 $150,000 $150,000 $13,548,030 $13,671,638 $13,671,638 $150,000 $150,000 $150,000 $13,821,638 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,716,322 $13,716,322 $150,000 $150,000 $150,000 $13,866,322 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. 550 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 13.1 Increase funds for vacant staff attorney position beginning March 1, 2012. $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 State General Funds 13.2 Increase funds to restore personnel reductions. $40,540 $40,540 $40,540 State General Funds $63,000 $63,000 13.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 13.4 Increase funds to reflect an adjustment in telecommunications expenses. $209,373 $254,057 State General Funds $1,235 $1,235 13.100 -Court of Appeals Appropriation (HB 741) 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 $13,398,030 $13,671,638 $13,716,322 State General Funds $13,398,030 $13,671,638 $13,716,322 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 $13,548,030 $13,821,638 $13,866,322 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $13,468,577 $13,468,577 $13,468,577 $13,468,577 $2,552,935 $2,552,935 $13,468,577 $13,468,577 $2,552,935 THURSDAY, FEBRUARY 23, 2012 551 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,166,510 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,166,510 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,166,510 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 Section Total - Final $13,719,217 $13,719,217 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,417,150 $13,702,728 $13,702,728 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,400,661 $13,516,588 $13,516,588 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,214,521 Accountability Courts Continuation Budget The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Standing Committee on Drug Courts. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. TOTAL STATE FUNDS $2,263,559 $2,263,559 $2,263,559 State General Funds $2,263,559 $2,263,559 $2,263,559 TOTAL PUBLIC FUNDS $2,263,559 $2,263,559 $2,263,559 14.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,290 $2,290 14.100 -Accountability Courts Appropriation (HB 741) The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Standing Committee on Drug Courts. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. 552 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,263,559 $2,263,559 $2,263,559 $2,265,849 $2,265,849 $2,265,849 $2,265,849 $2,265,849 $2,265,849 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 $0 $0 $172,890 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 $172,890 15.100-Georgia Office of Dispute Resolution Appropriation (HB 741) 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 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. THURSDAY, FEBRUARY 23, 2012 553 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 16.100 -Institute of Continuing Judicial Education Appropriation (HB 741) 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 $461,789 $461,789 $461,789 State General Funds $461,789 $461,789 $461,789 TOTAL AGENCY FUNDS $703,203 $703,203 $703,203 Sales and Services $703,203 $703,203 $703,203 Sales and Services Not Itemized $703,203 $703,203 $703,203 TOTAL PUBLIC FUNDS $1,164,992 $1,164,992 $1,164,992 Judicial Council Continuation Budget The purpose of this appropriation is to support the Administrative Office of the 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, and the Children and Family Courts division; and to support the Committee on Justice for 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 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 554 JOURNAL OF THE SENATE 17.1 Increase funds to provide for a remote interpreter pilot program in two rural counties. State General Funds $25,000 $25,000 $20,000 17.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 17.3 Reduce funds to reflect an adjustment in telecommunications expenses. $90,326 $90,326 State General Funds ($94,609) ($94,609) 17.100 -Judicial Council Appropriation (HB 741) The purpose of this appropriation is to support the Administrative Office of the 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, and the Children and Family Courts division; and to support the Committee on Justice for Children. TOTAL STATE FUNDS $9,793,489 $9,789,206 $9,784,206 State General Funds $9,793,489 $9,789,206 $9,784,206 TOTAL FEDERAL FUNDS $2,552,935 $2,552,935 $2,552,935 Federal Funds Not Itemized $2,552,935 $2,552,935 $2,552,935 TOTAL AGENCY FUNDS $268,905 $268,905 $268,905 Sales and Services $268,905 $268,905 $268,905 Sales and Services Not Itemized $268,905 $268,905 $268,905 TOTAL PUBLIC FUNDS $12,615,329 $12,611,046 $12,606,046 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 18.1 Increase funds to provide for an investigative staff attorney. $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 THURSDAY, FEBRUARY 23, 2012 555 State General Funds $53,000 $35,000 $26,500 18.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,504 $3,504 18.100-Judicial Qualifications Commission Appropriation (HB 741) 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 $462,240 $447,744 $439,244 State General Funds $462,240 $447,744 $439,244 TOTAL PUBLIC FUNDS $462,240 $447,744 $439,244 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 $565,500 State General Funds $565,500 TOTAL PUBLIC FUNDS $565,500 19.1 Increase funds to replace the elimination of all Georgia Bar Foundation funding. State General Funds $172,640 $565,500 $565,500 $565,500 $172,640 $565,500 $565,500 $565,500 $0 19.100 -Resource Center Appropriation (HB 741) 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 $738,140 $738,140 $565,500 State General Funds $738,140 $738,140 $565,500 TOTAL PUBLIC FUNDS $738,140 $738,140 $565,500 556 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 $6,718,350 $6,718,350 $6,718,350 $6,718,350 $447,456 $447,456 $447,456 $447,456 $7,165,806 $7,165,806 $6,718,350 $6,718,350 $447,456 $447,456 $7,165,806 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,718,350 $6,718,350 $447,456 $447,456 $7,165,806 $6,740,219 $6,740,219 $447,456 $447,456 $7,187,675 $6,740,219 $6,740,219 $447,456 $447,456 $7,187,675 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 $1,413,955 $1,413,955 $1,413,955 State General Funds $1,413,955 $1,413,955 $1,413,955 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,861,411 $1,861,411 $1,861,411 20.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 20.2 Increase funds to reflect an adjustment in telecommunications expenses. $21,648 $21,648 State General Funds $221 $221 20.100 -Council of Juvenile Court Judges Appropriation (HB 741) 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. THURSDAY, FEBRUARY 23, 2012 557 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 $1,435,824 $1,435,824 $447,456 $447,456 $1,883,280 $1,435,824 $1,435,824 $447,456 $447,456 $1,883,280 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 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 21.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 741) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,304,395 $5,304,395 $5,304,395 State General Funds $5,304,395 $5,304,395 $5,304,395 TOTAL PUBLIC FUNDS $5,304,395 $5,304,395 $5,304,395 Section 8: Prosecuting Attorneys 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 Section Total - Continuation $57,334,703 $57,334,703 $57,334,703 $57,334,703 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $59,136,830 $59,136,830 $57,334,703 $57,334,703 $1,802,127 $1,802,127 $1,802,127 $59,136,830 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers Section Total - Final $57,430,167 $57,430,167 $1,802,127 $1,802,127 $58,402,406 $58,402,406 $1,802,127 $1,802,127 $58,434,417 $58,434,417 $1,802,127 $1,802,127 558 JOURNAL OF THE SENATE FF Child Support Enforcement Title IV-D CFDA93.563 TOTAL PUBLIC FUNDS $1,802,127 $59,232,294 $1,802,127 $60,204,533 $1,802,127 $60,236,544 Council of Superior Court Clerks (PAC) 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 the training of superior court clerks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 22.100 -Council of Superior Court Clerks (PAC) Appropriation (HB 741) 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 $187,455 $187,455 $187,455 State General Funds $187,455 $187,455 $187,455 TOTAL PUBLIC FUNDS $187,455 $187,455 $187,455 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 $51,702,616 $51,702,616 $51,702,616 State General Funds $51,702,616 $51,702,616 $51,702,616 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 $53,504,743 $53,504,743 $53,504,743 23.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $996,606 $1,028,617 THURSDAY, FEBRUARY 23, 2012 559 23.100 -District Attorneys Appropriation (HB 741) 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 $51,702,616 $52,699,222 $52,731,233 State General Funds $51,702,616 $52,699,222 $52,731,233 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 $53,504,743 $54,501,349 $54,533,360 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 24.1 Increase funds to restore rent reductions in FY2012. State General Funds 24.2 Increase funds to restore personnel and operations reduced in FY2012. State General Funds 24.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds $5,444,632 $5,444,632 $5,444,632 $72,838 $22,626 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $72,838 $72,838 $0 $0 ($1,741) ($1,741) 24.100 -Prosecuting Attorney's Council Appropriation (HB 741) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,540,096 $5,515,729 $5,515,729 State General Funds $5,540,096 $5,515,729 $5,515,729 TOTAL PUBLIC FUNDS $5,540,096 $5,515,729 $5,515,729 Section 9: Superior Courts TOTAL STATE FUNDS Section Total - Continuation $58,770,012 $58,770,012 $58,770,012 560 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $59,175,888 $59,175,888 $59,175,888 $59,925,139 $59,925,139 $59,925,139 $59,907,088 $59,907,088 $59,907,088 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 25.1 Increase funds for temporary labor to replace eliminated positions. $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 State General Funds $10,800 $10,800 $10,800 25.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 25.3 Increase funds to reflect an adjustment in telecommunications expenses. $19,416 $19,416 State General Funds $2,294 $2,294 25.100 -Council of Superior Court Judges Appropriation (HB 741) 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 $1,213,518 $1,235,228 $1,235,228 State General Funds $1,213,518 $1,235,228 $1,235,228 TOTAL PUBLIC FUNDS $1,213,518 $1,235,228 $1,235,228 THURSDAY, FEBRUARY 23, 2012 561 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 26.1 Increase funds to restore FY2012 personnel reductions. $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 State General Funds $36,102 $18,051 $0 26.2 Increase funds for operations that have been reduced from FY2009 to FY2012 as a result of budget reductions. State General Funds $21,858 $0 $0 26.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $36,110 $36,110 26.100 -Judicial Administrative Districts Appropriation (HB 741) 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 $2,236,989 $2,233,190 $2,215,139 State General Funds $2,236,989 $2,233,190 $2,215,139 TOTAL PUBLIC FUNDS $2,236,989 $2,233,190 $2,215,139 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 State General Funds TOTAL PUBLIC FUNDS 27.1 Increase funds to restore FY2012 personnel reductions. State General Funds $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $337,116 $168,558 $168,558 562 JOURNAL OF THE SENATE 27.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $899,898 $899,898 27.100 -Superior Court Judges Appropriation (HB 741) 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 $55,725,381 $56,456,721 $56,456,721 State General Funds $55,725,381 $56,456,721 $56,456,721 TOTAL PUBLIC FUNDS $55,725,381 $56,456,721 $56,456,721 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $8,625,575 $8,625,575 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,650,265 $8,650,265 $1,859,823 $1,859,823 $1,859,823 $10,510,088 $8,800,680 $8,800,680 $1,859,823 $1,859,823 $1,859,823 $10,660,503 $8,800,680 $8,800,680 $1,859,823 $1,859,823 $1,859,823 $10,660,503 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, THURSDAY, FEBRUARY 23, 2012 563 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 $8,625,575 State General Funds $8,625,575 TOTAL AGENCY FUNDS $1,859,823 Sales and Services $1,859,823 Sales and Services Not Itemized $1,859,823 TOTAL PUBLIC FUNDS $10,485,398 28.1 Increase funds to address a shortfall in the Employees' Retirement System payments. $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 State General Funds $24,690 $24,690 $24,690 28.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 28.3 Increase funds to reflect an adjustment in telecommunications expenses. $146,137 $146,137 State General Funds $4,278 $4,278 28.100-Supreme Court of Georgia Appropriation (HB 741) 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 $8,650,265 $8,800,680 $8,800,680 State General Funds $8,650,265 $8,800,680 $8,800,680 TOTAL AGENCY FUNDS $1,859,823 $1,859,823 $1,859,823 Sales and Services $1,859,823 $1,859,823 $1,859,823 Sales and Services Not Itemized $1,859,823 $1,859,823 $1,859,823 TOTAL PUBLIC FUNDS $10,510,088 $10,660,503 $10,660,503 564 JOURNAL OF THE SENATE Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Continuation $3,689,254 $3,689,254 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Final $4,063,462 $4,063,462 $12,192,899 $12,192,899 $12,192,899 $16,256,361 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $15,944,361 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $15,944,361 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 $3,689,254 $3,689,254 $3,689,254 State General Funds $3,689,254 $3,689,254 $3,689,254 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,192,899 $12,192,899 $12,192,899 State Funds Transfers $12,192,899 $12,192,899 $12,192,899 Accounting System Assessments $12,192,899 $12,192,899 $12,192,899 TOTAL PUBLIC FUNDS $15,882,153 $15,882,153 $15,882,153 29.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 29.2 Increase funds to reflect an adjustment in telecommunications expenses. $57,365 $57,365 $57,365 THURSDAY, FEBRUARY 23, 2012 565 State General Funds $78,628 29.3 Reduce funds for a training contract with the Carl Vinson Institute of Government. State General Funds 29.4 Increase funds for a grants management program. ($73,785) State General Funds $312,000 $78,628 ($73,785) $0 $78,628 ($73,785) $0 29.100 -State Accounting Office Appropriation (HB 741) 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 $4,063,462 $3,751,462 $3,751,462 State General Funds $4,063,462 $3,751,462 $3,751,462 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,192,899 $12,192,899 $12,192,899 State Funds Transfers $12,192,899 $12,192,899 $12,192,899 Accounting System Assessments $12,192,899 $12,192,899 $12,192,899 TOTAL PUBLIC FUNDS $16,256,361 $15,944,361 $15,944,361 Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized 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 Section Total - Continuation $7,860,094 $7,860,094 $7,860,094 $7,860,094 $18,359,092 $18,359,092 $792,810 $792,810 $792,810 $792,810 $3,366,288 $3,366,288 $3,366,288 $3,366,288 $12,447,095 $12,447,095 $12,447,095 $12,447,095 $1,752,899 $1,752,899 $1,752,899 $1,752,899 $140,196,374 $140,196,374 $140,196,374 $140,196,374 $7,860,094 $7,860,094 $18,359,092 $792,810 $792,810 $3,366,288 $3,366,288 $12,447,095 $12,447,095 $1,752,899 $1,752,899 $140,196,374 $140,196,374 566 JOURNAL OF THE SENATE Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Mail and Courier Services Motor Vehicle Rental Payments Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized 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 Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Mail and Courier Services $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $15,666,404 $66,324,394 $166,415,560 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $15,666,404 $66,324,394 $166,415,560 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $15,666,404 $66,324,394 $166,415,560 Section Total - Final $6,672,925 $6,672,925 $18,896,952 $834,369 $834,369 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $166,122,444 $166,122,444 $1,451,269 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $6,672,925 $6,672,925 $18,896,952 $834,369 $834,369 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $166,122,444 $166,122,444 $1,451,269 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $6,807,302 $6,807,302 $18,896,952 $834,369 $834,369 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $165,971,980 $165,971,980 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 THURSDAY, FEBRUARY 23, 2012 567 Motor Vehicle Rental Payments Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $203,686 $23,019,185 $2,621,163 $18,666,404 $89,100,000 $191,692,321 $203,686 $23,019,185 $2,621,163 $18,666,404 $89,100,000 $191,692,321 $203,686 $23,019,185 $2,621,163 $18,666,404 $89,100,000 $191,676,234 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $2,694,069 $2,694,069 $2,694,069 Rebates, Refunds, and Reimbursements $1,599,047 $1,599,047 $1,599,047 Rebates, Refunds, and Reimbursements Not Itemized $1,599,047 $1,599,047 $1,599,047 Sales and Services $1,095,022 $1,095,022 $1,095,022 Sales and Services Not Itemized $1,095,022 $1,095,022 $1,095,022 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,356,301 $1,356,301 $1,356,301 State Funds Transfers $1,356,301 $1,356,301 $1,356,301 Agency to Agency Contracts $142,727 $142,727 $142,727 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 $4,050,370 $4,050,370 $4,050,370 30.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Rebates, Refunds, and Reimbursements Not Itemized $176,927 $176,927 $176,927 30.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements $2,870,996 $1,775,974 $2,870,996 $1,775,974 $2,870,996 $1,775,974 568 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 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 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 31.100-Fleet Management Appropriation (HB 741) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $1,020,141 $172,093 $172,093 $1,020,141 $172,093 $172,093 $1,020,141 $172,093 $172,093 THURSDAY, FEBRUARY 23, 2012 569 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $848,048 $848,048 $1,020,141 $848,048 $848,048 $1,020,141 $848,048 $848,048 $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 33.100 -Mail and Courier Appropriation (HB 741) 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 State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $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 $0 $0 $0 $0 $0 $0 570 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS $136,459,599 State Funds Transfers $136,459,599 Indemnification Funds $716,378 Liability Funds $28,427,991 Loss Control Funds $443,253 Property Insurance Funds $23,019,185 Administrative Fees from the Self Insurance Trust Fund $1,861,994 Unemployment Compensation Funds $15,666,404 Workers Compensation Funds $66,324,394 TOTAL PUBLIC FUNDS $136,459,599 34.1 Increase funds to reflect additional billings for unemployment insurance expenses. Unemployment Compensation Funds 34.2 Increase funds to reflect Workers' Compensation premiums. $3,000,000 Workers Compensation Funds $22,775,606 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $136,459,599 $3,000,000 $22,775,606 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $136,459,599 $3,000,000 $22,775,606 34.100 -Risk Management Appropriation (HB 741) 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 State Funds Transfers Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 THURSDAY, FEBRUARY 23, 2012 571 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $10,000,000 $10,000,000 $10,000,000 Rebates, Refunds, and Reimbursements $10,000,000 $10,000,000 $10,000,000 Rebates, Refunds, and Reimbursements Not Itemized $10,000,000 $10,000,000 $10,000,000 TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 35.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Rebates, Refunds, and Reimbursements Not Itemized $319,374 35.2 Remit payment to the State Treasury. (Total Funds: $2,500,000)(G:YES)(H:YES)(S:YES) $319,374 $319,374 Rebates, Refunds, and Reimbursements Not Itemized $0 $0 $0 35.3 Remove the funding cap on State Purchasing and Administration to allow for the completion of Team Georgia Marketplace HB78 (2011 Session). (H:YES)(S:The Department is authorized to retain only $13,611,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $1,708,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year) Rebates, Refunds, and Reimbursements Not Itemized $0 $0 35.100 -State Purchasing Appropriation (HB 741) 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. 572 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 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 36.100 -Surplus Property Appropriation (HB 741) 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 Payments to Georgia Aviation Authority Continuation Budget 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. THURSDAY, FEBRUARY 23, 2012 573 TOTAL STATE FUNDS $5,255,824 $5,255,824 $5,255,824 State General Funds $5,255,824 $5,255,824 $5,255,824 TOTAL PUBLIC FUNDS $5,255,824 $5,255,824 $5,255,824 37.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 37.2 Increase funds to reflect an adjustment in telecommunications expenses. $50,626 $50,626 $50,626 State General Funds 37.3 Reduce funds for operations. $13,581 $13,581 $13,581 State General Funds ($85,941) ($85,941) ($85,941) 37.98 Reduce funds to reflect an Executive Order to transfer nine months funding and six positions to the Department of Public Safety. State General Funds ($958,755) ($958,755) ($958,755) 37.100 -Payments to Georgia Aviation Authority Appropriation (HB 741) 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 $4,275,335 $4,275,335 $4,275,335 State General Funds $4,275,335 $4,275,335 $4,275,335 TOTAL PUBLIC FUNDS $4,275,335 $4,275,335 $4,275,335 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. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 38.1 Reduce funds for payment to the State Treasury by $19,314,908 from $20,972,832 to $1,657,924 and utilize reserves for federal overrecovery payment. (Total Funds: $1,657,924)(G:YES)(S:YES) State General Funds $0 $0 $0 574 JOURNAL OF THE SENATE 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 39.1 Replace funds for operations. State General Funds Reserved Fund Balances Not Itemized Total Public Funds: $41,559 $41,559 $41,559 ($41,559) $41,559 $0 $41,559 $41,559 $41,559 ($41,559) $41,559 $0 $41,559 $41,559 $41,559 ($41,559) $41,559 $0 39.100 -Certificate of Need Appeal Panel Appropriation (HB 741) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 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 $2,562,711 $2,562,711 $2,562,711 State General Funds $2,562,711 $2,562,711 $2,562,711 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,300,805 $1,300,805 $1,300,805 State Funds Transfers $1,300,805 $1,300,805 $1,300,805 Administrative Hearing Payments per OCGA50-13-44 $1,300,805 $1,300,805 $1,300,805 TOTAL PUBLIC FUNDS $3,863,516 $3,863,516 $3,863,516 40.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. THURSDAY, FEBRUARY 23, 2012 575 State General Funds 40.2 Reduce funds for temporary employees. State General Funds 40.3 Replace funds for operations. (S:Reduce funds) State General Funds Administrative Hearing Payments per OCGA50-13-44 Total Public Funds: $36,597 ($51,254) ($150,464) $150,464 $0 $36,597 ($51,254) ($150,464) $150,464 $0 $36,597 ($51,254) ($16,087) $0 ($16,087) 40.100-Administrative Hearings, Office of State Appropriation (HB 741) 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 $2,397,590 $2,397,590 $2,531,967 State General Funds $2,397,590 $2,397,590 $2,531,967 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,451,269 $1,451,269 $1,300,805 State Funds Transfers $1,451,269 $1,451,269 $1,300,805 Administrative Hearing Payments per OCGA50-13-44 $1,451,269 $1,451,269 $1,300,805 TOTAL PUBLIC FUNDS $3,848,859 $3,848,859 $3,832,772 State Treasurer, Office of the 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $0 $0 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $0 $0 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 576 JOURNAL OF THE SENATE 41.100 -State Treasurer, Office of the Appropriation (HB 741) 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 Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 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 Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $30,926,045 $30,926,045 $30,926,045 $30,926,045 $7,263,921 $7,263,921 $7,263,921 $7,263,921 $11,181,826 $11,181,826 $175,000 $175,000 $175,000 $175,000 $11,006,826 $11,006,826 $11,006,826 $11,006,826 $846,739 $846,739 $846,739 $846,739 $225,000 $225,000 $50,218,531 $50,218,531 $30,926,045 $30,926,045 $7,263,921 $7,263,921 $11,181,826 $175,000 $175,000 $11,006,826 $11,006,826 $846,739 $846,739 $225,000 $50,218,531 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Final $30,332,748 $30,332,748 $7,163,980 $7,163,980 $30,352,748 $30,352,748 $7,163,980 $7,163,980 $30,352,748 $30,352,748 $7,163,980 $7,163,980 THURSDAY, FEBRUARY 23, 2012 577 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $11,148,443 $175,000 $175,000 $10,973,443 $10,973,443 $846,739 $846,739 $225,000 $49,491,910 $11,148,443 $175,000 $175,000 $10,973,443 $10,973,443 $846,739 $846,739 $225,000 $49,511,910 $11,148,443 $175,000 $175,000 $10,973,443 $10,973,443 $846,739 $846,739 $225,000 $49,511,910 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 42.1 Reduce funds for operations. State General Funds $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 ($57,350) ($57,350) ($57,350) 42.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 741) 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 $2,810,149 $2,810,149 $2,810,149 State General Funds $2,810,149 $2,810,149 $2,810,149 TOTAL PUBLIC FUNDS $2,810,149 $2,810,149 $2,810,149 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 578 JOURNAL OF THE SENATE 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 $16,546,818 $16,546,818 $16,546,818 State General Funds $16,546,818 $16,546,818 $16,546,818 TOTAL FEDERAL FUNDS $7,228,921 $7,228,921 $7,228,921 Federal Funds Not Itemized $7,228,921 $7,228,921 $7,228,921 TOTAL AGENCY FUNDS $7,392,920 $7,392,920 $7,392,920 Contributions, Donations, and Forfeitures $175,000 $175,000 $175,000 Contributions, Donations, and Forfeitures Not Itemized $175,000 $175,000 $175,000 Sales and Services $7,217,920 $7,217,920 $7,217,920 Sales and Services Not Itemized $7,217,920 $7,217,920 $7,217,920 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $225,000 $225,000 $225,000 State Funds Transfers $225,000 $225,000 $225,000 Agency to Agency Contracts $225,000 $225,000 $225,000 TOTAL PUBLIC FUNDS $31,393,659 $31,393,659 $31,393,659 43.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 43.2 Reduce funds to reflect an adjustment in telecommunications expenses. $238,156 $238,156 $238,156 State General Funds 43.3 Reduce funds for personnel to reflect projected expenditures. ($20,966) ($20,966) ($20,966) State General Funds Federal Funds Not Itemized Total Public Funds: ($322,309) ($99,941) ($422,250) ($322,309) ($99,941) ($422,250) ($322,309) ($99,941) ($422,250) 43.100 -Consumer Protection Appropriation (HB 741) 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 THURSDAY, FEBRUARY 23, 2012 579 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 $16,441,699 $16,441,699 $16,441,699 State General Funds $16,441,699 $16,441,699 $16,441,699 TOTAL FEDERAL FUNDS $7,128,980 $7,128,980 $7,128,980 Federal Funds Not Itemized $7,128,980 $7,128,980 $7,128,980 TOTAL AGENCY FUNDS $7,392,920 $7,392,920 $7,392,920 Contributions, Donations, and Forfeitures $175,000 $175,000 $175,000 Contributions, Donations, and Forfeitures Not Itemized $175,000 $175,000 $175,000 Sales and Services $7,217,920 $7,217,920 $7,217,920 Sales and Services Not Itemized $7,217,920 $7,217,920 $7,217,920 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $225,000 $225,000 $225,000 State Funds Transfers $225,000 $225,000 $225,000 Agency to Agency Contracts $225,000 $225,000 $225,000 TOTAL PUBLIC FUNDS $31,188,599 $31,188,599 $31,188,599 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,219,566 $2,219,566 $2,219,566 State General Funds $2,219,566 $2,219,566 $2,219,566 TOTAL AGENCY FUNDS $2,424,228 $2,424,228 $2,424,228 Sales and Services $2,424,228 $2,424,228 $2,424,228 Sales and Services Not Itemized $2,424,228 $2,424,228 $2,424,228 TOTAL PUBLIC FUNDS $4,643,794 $4,643,794 $4,643,794 44.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 44.2 Reduce funds to reflect an adjustment in telecommunications expenses. $33,753 $33,753 $33,753 State General Funds ($5,578) ($5,578) ($5,578) 580 JOURNAL OF THE SENATE 44.3 Reduce funds for personnel to reflect projected expenditures and eliminate two filled positions. State General Funds ($96,417) ($96,417) ($96,417) 44.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,151,324 $2,151,324 $2,151,324 State General Funds $2,151,324 $2,151,324 $2,151,324 TOTAL AGENCY FUNDS $2,424,228 $2,424,228 $2,424,228 Sales and Services $2,424,228 $2,424,228 $2,424,228 Sales and Services Not Itemized $2,424,228 $2,424,228 $2,424,228 TOTAL PUBLIC FUNDS $4,575,552 $4,575,552 $4,575,552 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 $5,180,528 $5,180,528 $5,180,528 State General Funds $5,180,528 $5,180,528 $5,180,528 TOTAL FEDERAL FUNDS $35,000 $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 $35,000 TOTAL AGENCY FUNDS $1,364,678 $1,364,678 $1,364,678 Sales and Services $1,364,678 $1,364,678 $1,364,678 Sales and Services Not Itemized $1,364,678 $1,364,678 $1,364,678 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $621,739 $621,739 $621,739 State Funds Transfers $621,739 $621,739 $621,739 TOTAL PUBLIC FUNDS $7,201,945 $7,201,945 $7,201,945 45.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 45.2 Reduce funds to reflect an adjustment in telecommunications expenses. $72,587 $72,587 $72,587 State General Funds ($8,617) ($8,617) 45.3 Reduce funds for personnel to reflect projected expenditures and eliminate one vacant position. ($8,617) THURSDAY, FEBRUARY 23, 2012 581 State General Funds Sales and Services Not Itemized Total Public Funds: 45.4 Reduce funds for travel. State General Funds 45.5 Reduce funds for contracts. State General Funds 45.6 Increase funds for H1B/H2A guest worker program. State General Funds ($62,914) ($33,383) ($96,297) ($10,000) ($62,914) ($33,383) ($96,297) ($10,000) ($55,000) $75,000 ($62,914) ($33,383) ($96,297) ($10,000) ($55,000) $75,000 45.100-Marketing and Promotion Appropriation (HB 741) 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 $5,171,584 $5,191,584 $5,191,584 State General Funds $5,171,584 $5,191,584 $5,191,584 TOTAL FEDERAL FUNDS $35,000 $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 $35,000 TOTAL AGENCY FUNDS $1,331,295 $1,331,295 $1,331,295 Sales and Services $1,331,295 $1,331,295 $1,331,295 Sales and Services Not Itemized $1,331,295 $1,331,295 $1,331,295 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $621,739 $621,739 $621,739 State Funds Transfers $621,739 $621,739 $621,739 TOTAL PUBLIC FUNDS $7,159,618 $7,179,618 $7,179,618 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 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 582 JOURNAL OF THE SENATE 46.1 Reduce funds for operations. State General Funds ($56,394) ($56,394) ($56,394) 46.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 741) 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 $2,763,298 $2,763,298 $2,763,298 State General Funds $2,763,298 $2,763,298 $2,763,298 TOTAL PUBLIC FUNDS $2,763,298 $2,763,298 $2,763,298 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 47.1 Replace state funds with other funds for operations. State General Funds $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 ($297,248) ($297,248) ($297,248) 47.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 741) 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 $994,694 $994,694 $994,694 State General Funds $994,694 $994,694 $994,694 TOTAL PUBLIC FUNDS $994,694 $994,694 $994,694 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 THURSDAY, FEBRUARY 23, 2012 583 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 Consumer Protection and Assistance Continuation Budget The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $211,192 $211,192 $211,192 State General Funds $211,192 $211,192 $211,192 TOTAL PUBLIC FUNDS $211,192 $211,192 $211,192 48.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 48.2 Increase funds to reflect an adjustment in telecommunications expenses. $3,403 $3,403 $3,403 State General Funds $117 $117 $117 48.100-Consumer Protection and Assistance Appropriation (HB 741) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $214,712 $214,712 $214,712 State General Funds $214,712 $214,712 $214,712 TOTAL PUBLIC FUNDS $214,712 $214,712 $214,712 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,970,213 $1,970,213 $1,970,213 State General Funds $1,970,213 $1,970,213 $1,970,213 TOTAL PUBLIC FUNDS $1,970,213 $1,970,213 $1,970,213 49.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 49.2 Increase funds to reflect an adjustment in telecommunications expenses. $27,776 $27,776 $27,776 584 JOURNAL OF THE SENATE State General Funds 49.3 Reduce funds for information technology expenses. State General Funds 49.4 Reduce funds for operations. State General Funds 49.5 Reduce funds for personnel due to retirements. State General Funds $1,067 ($14,000) ($4,980) ($31,000) $1,067 ($14,000) ($4,980) ($31,000) $1,067 ($14,000) ($4,980) ($31,000) 49.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,949,076 State General Funds $1,949,076 TOTAL PUBLIC FUNDS $1,949,076 Appropriation (HB 741) $1,949,076 $1,949,076 $1,949,076 $1,949,076 $1,949,076 $1,949,076 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 $7,033,886 $7,033,886 $7,033,886 State General Funds $7,033,886 $7,033,886 $7,033,886 TOTAL PUBLIC FUNDS $7,033,886 $7,033,886 $7,033,886 50.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 50.2 Increase funds to reflect an adjustment in telecommunications expenses. $108,917 $108,917 $108,917 State General Funds 50.3 Reduce funds for information technology. $3,871 $3,871 $3,871 State General Funds 50.4 Reduce funds for operations. ($25,000) ($25,000) ($25,000) THURSDAY, FEBRUARY 23, 2012 585 State General Funds ($20,110) ($20,110) ($20,110) 50.5 Reduce funds for personnel due to attrition and retirement savings and retain sufficient funding to fill critical vacancies effective March 2012. State General Funds ($23,166) ($23,166) ($23,166) 50.100 -Financial Institution Supervision Appropriation (HB 741) 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 $7,078,398 $7,078,398 $7,078,398 State General Funds $7,078,398 $7,078,398 $7,078,398 TOTAL PUBLIC FUNDS $7,078,398 $7,078,398 $7,078,398 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 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 $1,855,901 $1,855,901 $1,855,901 State General Funds $1,855,901 $1,855,901 $1,855,901 TOTAL PUBLIC FUNDS $1,855,901 $1,855,901 $1,855,901 51.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 51.2 Increase funds to reflect an adjustment in telecommunications expenses. $27,055 $27,055 $27,055 State General Funds $1,022 $1,022 $1,022 51.3 Reduce funds for personnel due to attrition and retirement savings and retain sufficient funding to fill critical vacancies effective March 2012. State General Funds ($15,334) ($15,334) ($15,334) 586 JOURNAL OF THE SENATE 51.100 -Non-Depository Financial Institution Supervision Appropriation (HB 741) 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 $1,868,644 $1,868,644 $1,868,644 State General Funds $1,868,644 $1,868,644 $1,868,644 TOTAL PUBLIC FUNDS $1,868,644 $1,868,644 $1,868,644 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $893,724,585 $893,724,585 State General Funds $883,469,447 $883,469,447 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $163,215,780 $163,215,780 Federal Funds Not Itemized $18,590,052 $18,590,052 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $22,458,262 $22,458,262 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $51,480,893 $51,480,893 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $20,541,722 $20,541,722 TOTAL AGENCY FUNDS $53,571,932 $53,571,932 Contributions, Donations, and Forfeitures $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 Intergovernmental Transfers $577,343 $577,343 Intergovernmental Transfers Not Itemized $577,343 $577,343 Rebates, Refunds, and Reimbursements $257,036 $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 $257,036 Royalties and Rents $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 Sales and Services $52,063,690 $52,063,690 Sales and Services Not Itemized $52,063,690 $52,063,690 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 $893,724,585 $883,469,447 $10,255,138 $163,215,780 $18,590,052 $14,163,709 $22,458,262 $51,480,893 $35,981,142 $20,541,722 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 THURSDAY, FEBRUARY 23, 2012 587 State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,115,516,788 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,115,516,788 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,115,516,788 Section Total - Final TOTAL STATE FUNDS $880,056,300 State General Funds $869,801,162 Tobacco Settlement Funds $10,255,138 TOTAL FEDERAL FUNDS $161,510,404 Federal Funds Not Itemized $18,590,052 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 Medical Assistance Program CFDA93.778 $23,387,148 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $51,480,893 FFIND Social Services Block Grant CFDA93.667 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $17,907,460 TOTAL AGENCY FUNDS $53,571,932 Contributions, Donations, and Forfeitures $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 Intergovernmental Transfers $577,343 Intergovernmental Transfers Not Itemized $577,343 Rebates, Refunds, and Reimbursements $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 Royalties and Rents $668,024 Royalties and Rents Not Itemized $668,024 Sales and Services $52,063,690 Sales and Services Not Itemized $52,063,690 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 State Funds Transfers $4,956,393 Agency to Agency Contracts $2,599,263 Central State Hospital Food and Utility Sales $2,357,130 $880,056,300 $869,801,162 $10,255,138 $161,760,404 $18,590,052 $14,163,709 $23,637,148 $51,480,893 $35,981,142 $17,907,460 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $880,031,270 $869,776,132 $10,255,138 $161,760,404 $18,590,052 $14,163,709 $23,637,148 $51,480,893 $35,981,142 $17,907,460 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 588 JOURNAL OF THE SENATE Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $1,100,143,127 $1,100,393,127 $1,100,368,097 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 $43,587,912 $43,587,912 $43,587,912 State General Funds $43,587,912 $43,587,912 $43,587,912 TOTAL FEDERAL FUNDS $50,390,319 $50,390,319 $50,390,319 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,059,831 $30,059,831 $30,059,831 FFIND Temp. Assistance for Needy Families CFDA93.558 $20,130,488 $20,130,488 $20,130,488 TOTAL AGENCY FUNDS $435,203 $435,203 $435,203 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 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 $300 $300 $300 Sales and Services Not Itemized $300 $300 $300 TOTAL PUBLIC FUNDS $94,413,434 $94,413,434 $94,413,434 52.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 52.2 Increase funds to reflect an adjustment in telecommunications expenses. $613,406 $613,406 $613,406 State General Funds 52.3 Reduce funds to reflect one-time credit from the Employee Retirement System. $5,626 $5,626 $5,626 State General Funds 52.4 Reduce funds to recognize the loss of the TANF Supplemental grant. ($86,758) ($86,758) ($86,758) FFIND Temp. Assistance for Needy Families CFDA93.558 ($2,223,028) ($2,223,028) ($2,223,028) THURSDAY, FEBRUARY 23, 2012 589 52.100 -Adult Addictive Diseases Services Appropriation (HB 741) 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 $44,120,186 $44,120,186 $44,120,186 State General Funds $44,120,186 $44,120,186 $44,120,186 TOTAL FEDERAL FUNDS $48,167,291 $48,167,291 $48,167,291 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,059,831 $30,059,831 $30,059,831 FFIND Temp. Assistance for Needy Families CFDA93.558 $17,907,460 $17,907,460 $17,907,460 TOTAL AGENCY FUNDS $435,203 $435,203 $435,203 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 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 $300 $300 $300 Sales and Services Not Itemized $300 $300 $300 TOTAL PUBLIC FUNDS $92,722,680 $92,722,680 $92,722,680 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. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $28,706,127 $28,706,127 $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $28,706,127 $28,706,127 $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $28,706,127 $28,706,127 590 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $328,682,850 $328,682,850 $328,682,850 53.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 53.2 Increase funds to reflect an adjustment in telecommunications expenses. $1,662,334 $1,662,334 $1,662,334 State General Funds $129,402 $129,402 $129,402 53.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds 53.4 Reduce funds and use encumbered funds for crisis service expenses. $2,222,476 $2,222,476 $2,222,476 State General Funds 53.5 Reduce funds for contracts. ($11,200,000) ($11,200,000) ($11,200,000) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: 53.6 Reduce funds to reflect one-time credit from the Employee Retirement System. ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) State General Funds 53.7 Reduce funds to recognize the loss of the TANF Supplemental grant. ($2,646,113) ($2,646,113) ($2,646,113) FFIND Temp. Assistance for Needy Families CFDA93.558 ($411,234) ($411,234) ($411,234) 53.100-Adult Developmental Disabilities Services Appropriation (HB 741) 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 $249,426,422 $249,426,422 $249,426,422 State General Funds $239,171,284 $239,171,284 $239,171,284 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $39,582,166 $39,582,166 $39,582,166 Medical Assistance Program CFDA93.778 $10,937,995 $10,937,995 $10,937,995 FFIND Social Services Block Grant CFDA93.667 $28,644,171 $28,644,171 $28,644,171 TOTAL AGENCY FUNDS $28,706,127 $28,706,127 $28,706,127 Sales and Services $28,706,127 $28,706,127 $28,706,127 Sales and Services Not Itemized $28,706,127 $28,706,127 $28,706,127 TOTAL PUBLIC FUNDS $317,714,715 $317,714,715 $317,714,715 THURSDAY, FEBRUARY 23, 2012 591 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. TOTAL STATE FUNDS $55,669,763 $55,669,763 $55,669,763 State General Funds $55,669,763 $55,669,763 $55,669,763 TOTAL AGENCY FUNDS $26,500 $26,500 $26,500 Sales and Services $26,500 $26,500 $26,500 Sales and Services Not Itemized $26,500 $26,500 $26,500 TOTAL PUBLIC FUNDS $55,696,263 $55,696,263 $55,696,263 54.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 54.2 Increase funds to reflect an adjustment in telecommunications expenses. $849,163 $849,163 $849,163 State General Funds $67,514 $67,514 $67,514 54.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds $4,000,457 $4,000,457 $4,000,457 54.100 -Adult Forensic Services Appropriation (HB 741) 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 $60,586,897 $60,586,897 $60,586,897 State General Funds $60,586,897 $60,586,897 $60,586,897 TOTAL AGENCY FUNDS $26,500 $26,500 $26,500 Sales and Services $26,500 $26,500 $26,500 Sales and Services Not Itemized $26,500 $26,500 $26,500 TOTAL PUBLIC FUNDS $60,613,397 $60,613,397 $60,613,397 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. 592 JOURNAL OF THE SENATE TOTAL STATE FUNDS $259,114,287 $259,114,287 $259,114,287 State General Funds $259,114,287 $259,114,287 $259,114,287 TOTAL FEDERAL FUNDS $20,668,250 $20,668,250 $20,668,250 Federal Funds Not Itemized $13,038,893 $13,038,893 $13,038,893 Community Mental Health Services Block Grant CFDA93.958 $6,726,178 $6,726,178 $6,726,178 Medical Assistance Program CFDA93.778 $903,179 $903,179 $903,179 TOTAL AGENCY FUNDS $2,303,357 $2,303,357 $2,303,357 Sales and Services $2,303,357 $2,303,357 $2,303,357 Sales and Services Not Itemized $2,303,357 $2,303,357 $2,303,357 TOTAL PUBLIC FUNDS $282,085,894 $282,085,894 $282,085,894 55.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 55.2 Increase funds to reflect an adjustment in telecommunications expenses. $3,394,860 $3,394,860 $3,394,860 State General Funds $85,968 $85,968 $85,968 55.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds 55.4 Reduce funds for contracts. $1,777,981 $1,777,981 $1,777,981 State General Funds 55.5 Replace funds with Medicaid administration funds for contracts. ($3,045,414) ($3,045,414) ($3,045,414) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: 55.6 Replace funds with Mental Health Block Grant funds for contracts. ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 State General Funds ($2,096,965) Community Mental Health Services Block Grant CFDA93.958 $2,096,965 Total Public Funds: $0 55.7 Reduce funds to reflect one-time savings in personnel and system development expenses. ($2,096,965) $2,096,965 $0 ($2,096,965) $2,096,965 $0 State General Funds ($521,587) 55.8 Reduce funds to reflect one-time credit from the Employee Retirement System. ($521,587) ($521,587) State General Funds 55.9 Reduce funds based on prior year expenditures. ($1,605,019) ($1,605,019) ($1,605,019) THURSDAY, FEBRUARY 23, 2012 593 State General Funds 55.10 Increase funds for the continuation of the Opening Doors to Recovery Project. State General Funds ($500,000) $250,000 ($500,000) $250,000 55.100 -Adult Mental Health Services Appropriation (HB 741) 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 $256,025,225 $255,775,225 $255,775,225 State General Funds $256,025,225 $255,775,225 $255,775,225 TOTAL FEDERAL FUNDS $23,844,101 $23,844,101 $23,844,101 Federal Funds Not Itemized $13,038,893 $13,038,893 $13,038,893 Community Mental Health Services Block Grant CFDA93.958 $8,823,143 $8,823,143 $8,823,143 Medical Assistance Program CFDA93.778 $1,982,065 $1,982,065 $1,982,065 TOTAL AGENCY FUNDS $2,303,357 $2,303,357 $2,303,357 Sales and Services $2,303,357 $2,303,357 $2,303,357 Sales and Services Not Itemized $2,303,357 $2,303,357 $2,303,357 TOTAL PUBLIC FUNDS $282,172,683 $281,922,683 $281,922,683 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 $3,495,426 $3,495,426 $3,495,426 State General Funds $3,495,426 $3,495,426 $3,495,426 TOTAL AGENCY FUNDS $6,330,069 $6,330,069 $6,330,069 Sales and Services $6,330,069 $6,330,069 $6,330,069 Sales and Services Not Itemized $6,330,069 $6,330,069 $6,330,069 TOTAL PUBLIC FUNDS $9,825,495 $9,825,495 $9,825,495 56.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 56.2 Increase funds to reflect an adjustment in telecommunications expenses. $51,983 $51,983 $51,983 594 JOURNAL OF THE SENATE State General Funds $11,252 $11,252 $11,252 56.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds $888,990 $888,990 $888,990 56.100-Adult Nursing Home Services Appropriation (HB 741) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $4,447,651 $4,447,651 $4,447,651 State General Funds $4,447,651 $4,447,651 $4,447,651 TOTAL AGENCY FUNDS $6,330,069 $6,330,069 $6,330,069 Sales and Services $6,330,069 $6,330,069 $6,330,069 Sales and Services Not Itemized $6,330,069 $6,330,069 $6,330,069 TOTAL PUBLIC FUNDS $10,777,720 $10,777,720 $10,777,720 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 $3,194,665 $3,194,665 $3,194,665 State General Funds $3,194,665 $3,194,665 $3,194,665 TOTAL FEDERAL FUNDS $11,347,030 $11,347,030 $11,347,030 Medical Assistance Program CFDA93.778 $226,000 $226,000 $226,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $11,121,030 $11,121,030 $11,121,030 TOTAL PUBLIC FUNDS $14,541,695 $14,541,695 $14,541,695 57.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 57.2 Increase funds to reflect an adjustment in telecommunications expenses. $5,458 $5,458 $5,458 State General Funds $5,626 $5,626 $5,626 57.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 741) 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. THURSDAY, FEBRUARY 23, 2012 595 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 $3,205,749 $3,205,749 $11,347,030 $226,000 $11,121,030 $14,552,779 $3,205,749 $3,205,749 $11,347,030 $226,000 $11,121,030 $14,552,779 $3,205,749 $3,205,749 $11,347,030 $226,000 $11,121,030 $14,552,779 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 $7,902,148 $7,902,148 $7,902,148 State General Funds $7,902,148 $7,902,148 $7,902,148 TOTAL FEDERAL FUNDS $2,898,692 $2,898,692 $2,898,692 Medical Assistance Program CFDA93.778 $2,898,692 $2,898,692 $2,898,692 TOTAL AGENCY FUNDS $65,839 $65,839 $65,839 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 $5,839 Sales and Services $60,000 $60,000 $60,000 Sales and Services Not Itemized $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $10,866,679 $10,866,679 $10,866,679 58.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $23,221 $23,221 $23,221 58.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 58.3 Increase funds for the Marcus Autism Center. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $5,626 $5,626 $250,000 $250,000 $500,000 $5,626 $250,000 $250,000 $500,000 58.100-Child and Adolescent Developmental Disabilities Appropriation (HB 741) The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. 596 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,930,995 $7,930,995 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,895,526 $8,180,995 $8,180,995 $3,148,692 $3,148,692 $65,839 $5,839 $5,839 $60,000 $60,000 $11,395,526 $8,180,995 $8,180,995 $3,148,692 $3,148,692 $65,839 $5,839 $5,839 $60,000 $60,000 $11,395,526 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 $3,203,250 $3,203,250 $3,203,250 State General Funds $3,203,250 $3,203,250 $3,203,250 TOTAL PUBLIC FUNDS $3,203,250 $3,203,250 $3,203,250 59.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 59.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $29,009 $5,626 $29,009 $5,626 $29,009 $5,626 59.100 -Child and Adolescent Forensic Services Appropriation (HB 741) 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 $3,237,885 $3,237,885 $3,237,885 State General Funds $3,237,885 $3,237,885 $3,237,885 TOTAL PUBLIC FUNDS $3,237,885 $3,237,885 $3,237,885 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. THURSDAY, FEBRUARY 23, 2012 597 TOTAL STATE FUNDS $75,258,018 $75,258,018 $75,258,018 State General Funds $75,258,018 $75,258,018 $75,258,018 TOTAL FEDERAL FUNDS $10,201,314 $10,201,314 $10,201,314 Community Mental Health Services Block Grant CFDA93.958 $7,437,531 $7,437,531 $7,437,531 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $85,000 $85,000 $85,000 Sales and Services $85,000 $85,000 $85,000 Sales and Services Not Itemized $85,000 $85,000 $85,000 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 Agency to Agency Contracts $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 $88,129,113 $88,129,113 $88,129,113 60.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 60.2 Increase funds to reflect an adjustment in telecommunications expenses. $87,641 $87,641 $87,641 State General Funds 60.3 Transfer funds to the Adult Mental Health services for contracts. $5,626 $5,626 $5,626 Community Mental Health Services Block Grant CFDA93.958 ($2,096,965) ($2,096,965) ($2,096,965) 60.100 -Child and Adolescent Mental Health Services Appropriation (HB 741) 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 $75,351,285 $75,351,285 $75,351,285 State General Funds $75,351,285 $75,351,285 $75,351,285 TOTAL FEDERAL FUNDS $8,104,349 $8,104,349 $8,104,349 Community Mental Health Services Block Grant CFDA93.958 $5,340,566 $5,340,566 $5,340,566 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $85,000 $85,000 $85,000 Sales and Services $85,000 $85,000 $85,000 Sales and Services Not Itemized $85,000 $85,000 $85,000 598 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $86,125,415 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $86,125,415 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $86,125,415 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 $35,869,230 $35,869,230 $35,869,230 State General Funds $35,869,230 $35,869,230 $35,869,230 TOTAL FEDERAL FUNDS $11,715,584 $11,715,584 $11,715,584 Medical Assistance Program CFDA93.778 $4,378,613 $4,378,613 $4,378,613 FFIND Social Services Block Grant CFDA93.667 $7,336,971 $7,336,971 $7,336,971 TOTAL AGENCY FUNDS $399,476 $399,476 $399,476 Intergovernmental Transfers $377,343 $377,343 $377,343 Intergovernmental Transfers Not Itemized $377,343 $377,343 $377,343 Rebates, Refunds, and Reimbursements $22,133 $22,133 $22,133 Rebates, Refunds, and Reimbursements Not Itemized $22,133 $22,133 $22,133 TOTAL PUBLIC FUNDS $47,984,290 $47,984,290 $47,984,290 61.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $205,147 $205,147 $205,147 61.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $45,009 $45,009 $45,009 61.3 The Department will evaluate the criteria for establishing a viable waiting list and report to the General Assembly by June 30, 2012 with recommendations for maintaining such lists. (H:YES)(S:YES) State General Funds $0 $0 61.100-Departmental Administration-Behavioral Health Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. THURSDAY, FEBRUARY 23, 2012 599 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $36,119,386 $36,119,386 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $48,234,446 $36,119,386 $36,119,386 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $48,234,446 $36,119,386 $36,119,386 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $48,234,446 Direct Care and Support Services The purpose of this appropriation is to operate seven state-owned and operated hospitals. Continuation Budget TOTAL STATE FUNDS $145,579,030 $145,579,030 $145,579,030 State General Funds $145,579,030 $145,579,030 $145,579,030 TOTAL AGENCY FUNDS $15,220,361 $15,220,361 $15,220,361 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $14,552,337 $14,552,337 $14,552,337 Sales and Services Not Itemized $14,552,337 $14,552,337 $14,552,337 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,419,710 $2,419,710 $2,419,710 State Funds Transfers $2,419,710 $2,419,710 $2,419,710 Agency to Agency Contracts $62,580 $62,580 $62,580 Central State Hospital Food and Utility Sales $2,357,130 $2,357,130 $2,357,130 TOTAL PUBLIC FUNDS $163,219,101 $163,219,101 $163,219,101 62.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 62.2 Increase funds to reflect an adjustment in telecommunications expenses. $1,697,224 $1,697,224 $1,697,224 State General Funds $189,716 $189,716 $189,716 62.3 Transfer funds to the Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and 600 JOURNAL OF THE SENATE Adult Nursing Home Services programs to align the budget with program expenditures. State General Funds ($8,889,904) ($8,889,904) 62.4 Utilize existing funds for unemployment insurance expenses. (G:YES)(H:YES)(S:YES) State General Funds 62.5 Reduce funds for operations. $0 $0 State General Funds 62.99 SAC: The purpose of this appropriation is to operate six state-owned and operated hospitals. House: The purpose of this appropriation is to operate six state-owned and operated hospitals. Governor: The purpose of this appropriation is to operate six state-owned and operated hospitals. State General Funds $0 $0 ($8,889,904) $0 ($25,030) $0 62.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS $138,576,066 State General Funds $138,576,066 TOTAL AGENCY FUNDS $15,220,361 Royalties and Rents $668,024 Royalties and Rents Not Itemized $668,024 Sales and Services $14,552,337 Sales and Services Not Itemized $14,552,337 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,419,710 State Funds Transfers $2,419,710 Agency to Agency Contracts $62,580 Central State Hospital Food and Utility Sales $2,357,130 TOTAL PUBLIC FUNDS $156,216,137 Appropriation (HB 741) $138,576,066 $138,576,066 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $156,216,137 $138,551,036 $138,551,036 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $156,191,107 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 $194,513 $194,513 $194,513 $194,513 $194,513 $194,513 THURSDAY, FEBRUARY 23, 2012 601 TOTAL FEDERAL FUNDS $13,173,567 $13,173,567 $13,173,567 Federal Funds Not Itemized $2,873,535 $2,873,535 $2,873,535 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $10,300,032 $10,300,032 $10,300,032 TOTAL PUBLIC FUNDS $13,368,080 $13,368,080 $13,368,080 63.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 63.2 Increase funds to reflect an adjustment in telecommunications expenses. $313 $313 $313 State General Funds $5,626 $5,626 $5,626 63.100-Substance Abuse Prevention Appropriation (HB 741) 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 $200,452 $200,452 $200,452 State General Funds $200,452 $200,452 $200,452 TOTAL FEDERAL FUNDS $13,173,567 $13,173,567 $13,173,567 Federal Funds Not Itemized $2,873,535 $2,873,535 $2,873,535 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $10,300,032 $10,300,032 $10,300,032 TOTAL PUBLIC FUNDS $13,374,019 $13,374,019 $13,374,019 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 64.1 Reduce funds for contracts. State General Funds $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 ($911) ($911) ($911) 602 JOURNAL OF THE SENATE 64.100-Developmental Disabilities, Governor's Council on Appropriation (HB 741) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $44,635 $44,635 $44,635 State General Funds $44,635 $44,635 $44,635 TOTAL FEDERAL FUNDS $2,677,624 $2,677,624 $2,677,624 Federal Funds Not Itemized $2,677,624 $2,677,624 $2,677,624 TOTAL PUBLIC FUNDS $2,722,259 $2,722,259 $2,722,259 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 $777,474 $777,474 $777,474 State General Funds $777,474 $777,474 $777,474 TOTAL PUBLIC FUNDS $777,474 $777,474 $777,474 65.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $5,992 $5,992 $5,992 65.100 -Sexual Offender Review Board Appropriation (HB 741) 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 $783,466 $783,466 $783,466 State General Funds $783,466 $783,466 $783,466 TOTAL PUBLIC FUNDS $783,466 $783,466 $783,466 Section 16: Community Affairs, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $27,220,193 $27,220,193 $27,220,193 $27,220,193 $167,014,537 $167,014,537 $167,014,537 $167,014,537 $27,220,193 $27,220,193 $167,014,537 $167,014,537 THURSDAY, FEBRUARY 23, 2012 603 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $11,307,629 $339,070 $339,070 $7,737,590 $7,737,590 $3,230,969 $3,230,969 $16,410 $16,410 $16,410 $205,558,769 $11,307,629 $339,070 $339,070 $7,737,590 $7,737,590 $3,230,969 $3,230,969 $16,410 $16,410 $16,410 $205,558,769 $11,307,629 $339,070 $339,070 $7,737,590 $7,737,590 $3,230,969 $3,230,969 $16,410 $16,410 $16,410 $205,558,769 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $42,707,601 $42,707,601 $166,873,783 $166,873,783 $11,335,146 $338,608 $338,608 $7,690,166 $7,690,166 $3,306,372 $3,306,372 $16,410 $16,410 $16,410 $220,932,940 $42,513,271 $42,513,271 $166,873,783 $166,873,783 $11,335,146 $338,608 $338,608 $7,690,166 $7,690,166 $3,306,372 $3,306,372 $16,410 $16,410 $16,410 $220,738,610 $42,713,271 $42,713,271 $166,873,783 $166,873,783 $11,335,146 $338,608 $338,608 $7,690,166 $7,690,166 $3,306,372 $3,306,372 $16,410 $16,410 $16,410 $220,938,610 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. 604 JOURNAL OF THE SENATE TOTAL STATE FUNDS $224,386 $224,386 $224,386 State General Funds $224,386 $224,386 $224,386 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 $464,090 $464,090 $464,090 66.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 66.2 Reduce funds to reflect an adjustment in telecommunications expenses. $3,516 $3,516 $3,516 State General Funds ($2,625) ($2,625) ($2,625) 66.100 -Building Construction Appropriation (HB 741) 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 $225,277 $225,277 $225,277 State General Funds $225,277 $225,277 $225,277 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 $464,981 $464,981 $464,981 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 $4,119,638 $4,119,638 $4,119,638 $4,119,638 $4,119,638 $4,119,638 THURSDAY, FEBRUARY 23, 2012 605 TOTAL FEDERAL FUNDS $69,038 $69,038 $69,038 Federal Funds Not Itemized $69,038 $69,038 $69,038 TOTAL AGENCY FUNDS $62,063 $62,063 $62,063 Sales and Services $62,063 $62,063 $62,063 Sales and Services Not Itemized $62,063 $62,063 $62,063 TOTAL PUBLIC FUNDS $4,250,739 $4,250,739 $4,250,739 67.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 67.2 Reduce funds to reflect an adjustment in telecommunications expenses. $28,523 $28,523 $28,523 State General Funds 67.3 Replace funds for personnel. ($10,500) ($10,500) ($10,500) State General Funds Sales and Services Not Itemized Total Public Funds: 67.4 Reduce funds for Regional Commissions. ($50,865) $50,865 $0 ($50,865) $50,865 $0 ($50,865) $50,865 $0 State General Funds ($51,536) ($51,536) ($51,536) 67.100 -Coordinated Planning Appropriation (HB 741) 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 $4,035,260 $4,035,260 $4,035,260 State General Funds $4,035,260 $4,035,260 $4,035,260 TOTAL FEDERAL FUNDS $69,038 $69,038 $69,038 Federal Funds Not Itemized $69,038 $69,038 $69,038 TOTAL AGENCY FUNDS $112,928 $112,928 $112,928 Sales and Services $112,928 $112,928 $112,928 Sales and Services Not Itemized $112,928 $112,928 $112,928 TOTAL PUBLIC FUNDS $4,217,226 $4,217,226 $4,217,226 606 JOURNAL OF THE SENATE Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,252,849 $1,252,849 $1,252,849 State General Funds $1,252,849 $1,252,849 $1,252,849 TOTAL FEDERAL FUNDS $1,773,802 $1,773,802 $1,773,802 Federal Funds Not Itemized $1,773,802 $1,773,802 $1,773,802 TOTAL AGENCY FUNDS $2,351,717 $2,351,717 $2,351,717 Reserved Fund Balances $83,091 $83,091 $83,091 Reserved Fund Balances Not Itemized $83,091 $83,091 $83,091 Intergovernmental Transfers $2,070,482 $2,070,482 $2,070,482 Intergovernmental Transfers Not Itemized $2,070,482 $2,070,482 $2,070,482 Sales and Services $198,144 $198,144 $198,144 Sales and Services Not Itemized $198,144 $198,144 $198,144 TOTAL PUBLIC FUNDS $5,378,368 $5,378,368 $5,378,368 68.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $8,890 $8,890 $8,890 68.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 68.3 Reduce funds for one vacant and three filled positions. ($11,156) ($11,156) ($11,156) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Reserved Fund Balances Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: 68.4 Reduce funds for contracts. State General Funds 68.5 Replace funds for operations. ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) ($25,000) ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) ($25,000) ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) ($25,000) State General Funds Sales and Services Not Itemized Total Public Funds: ($25,000) $25,000 $0 ($25,000) $25,000 $0 ($25,000) $25,000 $0 THURSDAY, FEBRUARY 23, 2012 607 68.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,162,817 $1,162,817 $1,162,817 State General Funds $1,162,817 $1,162,817 $1,162,817 TOTAL FEDERAL FUNDS $1,664,202 $1,664,202 $1,664,202 Federal Funds Not Itemized $1,664,202 $1,664,202 $1,664,202 TOTAL AGENCY FUNDS $2,328,369 $2,328,369 $2,328,369 Reserved Fund Balances $82,629 $82,629 $82,629 Reserved Fund Balances Not Itemized $82,629 $82,629 $82,629 Intergovernmental Transfers $2,023,058 $2,023,058 $2,023,058 Intergovernmental Transfers Not Itemized $2,023,058 $2,023,058 $2,023,058 Sales and Services $222,682 $222,682 $222,682 Sales and Services Not Itemized $222,682 $222,682 $222,682 TOTAL PUBLIC FUNDS $5,155,388 $5,155,388 $5,155,388 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 $1,568,400 $1,568,400 $1,568,400 State General Funds $1,568,400 $1,568,400 $1,568,400 TOTAL FEDERAL FUNDS $45,205,628 $45,205,628 $45,205,628 Federal Funds Not Itemized $45,205,628 $45,205,628 $45,205,628 TOTAL AGENCY FUNDS $243,318 $243,318 $243,318 Intergovernmental Transfers $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 TOTAL PUBLIC FUNDS $47,017,346 $47,017,346 $47,017,346 69.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 69.2 Reduce funds to reflect an adjustment in telecommunications expenses. $21,029 $21,029 $21,029 State General Funds 69.3 Reduce funds for one filled position. ($15,093) ($15,093) ($15,093) 608 JOURNAL OF THE SENATE State General Funds ($31,154) Federal Funds Not Itemized ($31,154) Total Public Funds: ($62,308) 69.4 Reduce grant funds to reflect match requirement for the Appalachian Regional Commission. State General Funds ($30,000) ($31,154) ($31,154) ($62,308) ($30,000) ($31,154) ($31,154) ($62,308) ($30,000) 69.100-Federal Community and Economic Development Programs Appropriation (HB 741) 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 $1,513,182 $1,513,182 $1,513,182 State General Funds $1,513,182 $1,513,182 $1,513,182 TOTAL FEDERAL FUNDS $45,174,474 $45,174,474 $45,174,474 Federal Funds Not Itemized $45,174,474 $45,174,474 $45,174,474 TOTAL AGENCY FUNDS $243,318 $243,318 $243,318 Intergovernmental Transfers $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 TOTAL PUBLIC FUNDS $46,930,974 $46,930,974 $46,930,974 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 THURSDAY, FEBRUARY 23, 2012 609 70.100 -Homeownership Programs Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 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 $1,078,094 $1,078,094 $1,078,094 State General Funds $1,078,094 $1,078,094 $1,078,094 TOTAL FEDERAL FUNDS $105,625 $105,625 $105,625 Federal Funds Not Itemized $105,625 $105,625 $105,625 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 Intergovernmental Transfers $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $1,358,719 $1,358,719 $1,358,719 71.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 71.2 Reduce funds to reflect an adjustment in telecommunications expenses. $16,431 $16,431 $16,431 State General Funds ($11,812) ($11,812) ($11,812) 610 JOURNAL OF THE SENATE 71.100 -Regional Services Appropriation (HB 741) 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 $1,082,713 $1,082,713 $1,082,713 State General Funds $1,082,713 $1,082,713 $1,082,713 TOTAL FEDERAL FUNDS $105,625 $105,625 $105,625 Federal Funds Not Itemized $105,625 $105,625 $105,625 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 Intergovernmental Transfers $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $1,363,338 $1,363,338 $1,363,338 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 THURSDAY, FEBRUARY 23, 2012 611 72.100 -Rental Housing Programs Appropriation (HB 741) 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 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 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 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 $367,175 $367,175 $367,175 State General Funds $367,175 $367,175 $367,175 TOTAL PUBLIC FUNDS $367,175 $367,175 $367,175 73.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 73.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds $4,464 ($3,429) $4,464 ($3,429) $4,464 ($3,429) 73.100 -Research and Surveys Appropriation (HB 741) 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 $368,210 $368,210 $368,210 State General Funds $368,210 $368,210 $368,210 TOTAL PUBLIC FUNDS $368,210 $368,210 $368,210 612 JOURNAL OF THE SENATE 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 74.100 -Special Housing Initiatives Appropriation (HB 741) 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 $2,962,892 $2,962,892 $2,962,892 State General Funds $2,962,892 $2,962,892 $2,962,892 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 $1,091,056 $1,091,056 $1,091,056 Reserved Fund Balances $255,979 $255,979 $255,979 Reserved Fund Balances Not Itemized $255,979 $255,979 $255,979 Intergovernmental Transfers $835,077 $835,077 $835,077 Intergovernmental Transfers Not Itemized $835,077 $835,077 $835,077 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,410 $16,410 $16,410 THURSDAY, FEBRUARY 23, 2012 613 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $16,410 $16,410 $5,324,954 $16,410 $16,410 $5,324,954 $16,410 $16,410 $5,324,954 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 $849,908 $849,908 $849,908 State General Funds $849,908 $849,908 $849,908 TOTAL AGENCY FUNDS $85,166 $85,166 $85,166 Intergovernmental Transfers $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 Sales and Services $29,882 $29,882 $29,882 Sales and Services Not Itemized $29,882 $29,882 $29,882 TOTAL PUBLIC FUNDS $935,074 $935,074 $935,074 75.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 75.2 Reduce funds to reflect an adjustment in telecommunications expenses. $12,561 $12,561 $12,561 State General Funds ($9,695) ($9,695) ($9,695) 75.100 -State Community Development Programs Appropriation (HB 741) 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 $852,774 $852,774 $852,774 State General Funds $852,774 $852,774 $852,774 TOTAL AGENCY FUNDS $85,166 $85,166 $85,166 Intergovernmental Transfers $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 Sales and Services $29,882 $29,882 $29,882 Sales and Services Not Itemized $29,882 $29,882 $29,882 TOTAL PUBLIC FUNDS $937,940 $937,940 $937,940 614 JOURNAL OF THE SENATE 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 $11,559,483 $11,559,483 $11,559,483 State General Funds $11,559,483 $11,559,483 $11,559,483 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 $11,727,751 $11,727,751 $11,727,751 76.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 76.2 Reduce funds to reflect an adjustment in telecommunications expenses. $2,691 $2,691 $2,691 State General Funds 76.3 Reduce funds for Regional Economic Business Assistance (REBA) grants. ($1,313) ($1,313) ($1,313) State General Funds ($200,000) $0 76.100-State Economic Development Program Appropriation (HB 741) 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 $11,560,861 $11,360,861 $11,560,861 State General Funds $11,560,861 $11,360,861 $11,560,861 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 $11,729,129 $11,529,129 $11,729,129 THURSDAY, FEBRUARY 23, 2012 615 Payments to Georgia Environmental Finance 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 77.1 Reduce funds for contracts with the Georgia Rural Water Association. State General Funds $283,495 $283,495 $283,495 ($5,670) $283,495 $283,495 $283,495 $0 $283,495 $283,495 $283,495 $0 77.100-Payments to Georgia Environmental Finance Authority Appropriation (HB 741) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $277,825 $283,495 $283,495 State General Funds $277,825 $283,495 $283,495 TOTAL PUBLIC FUNDS $277,825 $283,495 $283,495 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 $2,953,873 $2,953,873 $2,953,873 State General Funds $2,953,873 $2,953,873 $2,953,873 TOTAL PUBLIC FUNDS $2,953,873 $2,953,873 $2,953,873 78.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 78.2 Increase funds to reflect an adjustment in telecommunications expenses. $41,089 $41,089 $41,089 State General Funds 78.3 Replace funds for two positions. $37,289 $37,289 $37,289 State General Funds ($59,077) ($59,077) ($59,077) 78.4 Increase funds for Xpress operations in the Transit implementation program due to the loss of federal Congestion Mitigation and Air Quality (CMAQ) and local funds. 616 JOURNAL OF THE SENATE State General Funds $5,692,616 $5,692,616 $5,692,616 78.5 Utilize existing funds for staff to implement the Transportation Investment Act for transit projects. (G:YES)(S:YES) State General Funds $0 $0 $0 78.100-Payments to Georgia Regional Transportation Authority Appropriation (HB 741) 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 $8,665,790 $8,665,790 $8,665,790 State General Funds $8,665,790 $8,665,790 $8,665,790 TOTAL PUBLIC FUNDS $8,665,790 $8,665,790 $8,665,790 Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. Continuation Budget TOTAL STATE FUNDS State General Funds 79.1 Increase funds for rural economic development. State General Funds $0 $0 $0 $0 $0 $0 $10,000,000 $10,000,000 $10,000,000 79.100-Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 Appropriation (HB 741) $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 Section 17: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee Section Total - Continuation $2,454,836,912 $2,454,836,912 $1,997,183,668 $1,997,183,668 $102,193,257 $102,193,257 $131,321,939 $131,321,939 $224,138,048 $224,138,048 $2,454,836,912 $1,997,183,668 $102,193,257 $131,321,939 $224,138,048 THURSDAY, FEBRUARY 23, 2012 617 TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Medical Assistance Program CFDA93.778 ARRA-Promote Health Info Tech CFDA93.719 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Medical Assistance Program CFDA93.778 ARRA-Promote Health Info Tech CFDA93.719 $5,121,919,026 $5,121,919,026 $5,121,919,026 $9,134,197 $9,134,197 $9,134,197 $686,408 $686,408 $686,408 $583,731 $583,731 $583,731 $4,912,291,258 $4,912,291,258 $4,912,291,258 $199,223,432 $199,223,432 $199,223,432 $234,675,562 $234,675,562 $234,675,562 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,106,056,603 $3,106,056,603 $3,106,056,603 $280,857,262 $280,857,262 $280,857,262 $11,198,345,365 $11,198,345,365 $11,198,345,365 Section Total - Final $2,635,384,898 $2,164,066,836 $102,193,257 $143,556,543 $225,568,262 $5,635,300,377 $9,134,197 $14,623,547 $583,731 $2,620,992,424 $2,149,674,362 $102,193,257 $143,556,543 $225,568,262 $5,650,427,707 $9,134,197 $14,623,547 $583,731 $2,571,160,009 $2,099,841,947 $102,193,257 $143,556,543 $225,568,262 $5,500,910,433 $9,134,197 $14,623,547 $583,731 618 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $5,344,753,462 $5,359,880,792 $5,232,117,612 $266,205,440 $266,205,440 $244,451,346 $317,157,633 $317,157,633 $317,157,633 $88,982,071 $88,982,071 $88,982,071 $88,982,071 $88,982,071 $88,982,071 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $3,211,773,251 $3,211,773,251 $3,211,773,251 $3,211,773,251 $3,211,773,251 $3,211,773,251 $2,930,915,989 $2,930,915,989 $2,930,915,989 $280,857,262 $280,857,262 $280,857,262 $11,799,616,159 $11,800,351,015 $11,601,001,326 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 ARRA-Medical Assistance Program CFDA93.778 ARRA-Promote Health Info Tech CFDA93.719 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $63,956,153 $63,956,153 $240,160,879 $652,490 $686,408 $583,731 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $63,956,153 $63,956,153 $240,160,879 $652,490 $686,408 $583,731 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $63,956,153 $63,956,153 $240,160,879 $652,490 $686,408 $583,731 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 THURSDAY, FEBRUARY 23, 2012 619 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 $21,102,191 $21,102,191 $21,102,191 State Funds Transfers $21,102,191 $21,102,191 $21,102,191 Health Insurance Payments $21,102,191 $21,102,191 $21,102,191 TOTAL PUBLIC FUNDS $328,073,262 $328,073,262 $328,073,262 80.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 80.2 Increase funds to reflect an adjustment in telecommunications expenses. $494,649 $494,649 $494,649 State General Funds $29,888 $29,888 $29,888 80.3 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the Health Information Exchange project. State General Funds $637,850 $637,850 $637,850 ARRA-Medical Assistance Program CFDA93.778 $5,607,150 $5,607,150 $5,607,150 Total Public Funds: $6,245,000 $6,245,000 $6,245,000 80.4 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the Medicaid Incentive Program. State General Funds $925,554 $925,554 $925,554 ARRA-Medical Assistance Program CFDA93.778 $8,329,989 $8,329,989 $8,329,989 Total Public Funds: $9,255,543 $9,255,543 $9,255,543 80.5 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the federally mandated implementation of expanded diagnosis and procedure codes for Medicaid billing. State General Funds $1,142,675 $1,142,675 $1,142,675 Medical Assistance Program CFDA93.778 $10,284,075 $10,284,075 $10,284,075 Total Public Funds: $11,426,750 $11,426,750 $11,426,750 80.6 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the managed care review contract. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: 80.7 Reduce funds for operations. $1,250,000 $1,250,000 $2,500,000 $1,250,000 $1,250,000 $2,500,000 $1,250,000 $1,250,000 $2,500,000 620 JOURNAL OF THE SENATE State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: 80.8 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) ($1,355,230) ($1,355,230) ($2,710,460) ($1,355,230) ($1,355,230) ($2,710,460) ($1,355,230) ($1,355,230) ($2,710,460) 80.100-Departmental Administration and Program Support Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $66,917,489 $66,917,489 $66,917,489 State General Funds $66,917,489 $66,917,489 $66,917,489 TOTAL FEDERAL FUNDS $264,112,813 $264,112,813 $264,112,813 Federal Funds Not Itemized $652,490 $652,490 $652,490 ARRA-Medical Assistance Program CFDA93.778 $14,623,547 $14,623,547 $14,623,547 ARRA-Promote Health Info Tech CFDA93.719 $583,731 $583,731 $583,731 Medical Assistance Program CFDA93.778 $225,216,090 $225,216,090 $225,216,090 State Children's Insurance Program CFDA93.767 $23,036,955 $23,036,955 $23,036,955 TOTAL AGENCY FUNDS $2,854,039 $2,854,039 $2,854,039 Rebates, Refunds, and Reimbursements $1,242,519 $1,242,519 $1,242,519 Rebates, Refunds, and Reimbursements Not Itemized $1,242,519 $1,242,519 $1,242,519 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 $21,102,191 $21,102,191 $21,102,191 State Funds Transfers $21,102,191 $21,102,191 $21,102,191 Health Insurance Payments $21,102,191 $21,102,191 $21,102,191 TOTAL PUBLIC FUNDS $354,986,532 $354,986,532 $354,986,532 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 and the Office of Health Information Technology and Transparency. THURSDAY, FEBRUARY 23, 2012 621 TOTAL STATE FUNDS $6,104,116 $6,104,116 $6,104,116 State General Funds $6,104,116 $6,104,116 $6,104,116 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Federal Funds Not Itemized $172,588 $172,588 $172,588 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,792,954 $6,792,954 $6,792,954 81.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $44,479 $44,479 $44,479 81.100 -Health Care Access and Improvement Appropriation (HB 741) 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 and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $6,148,595 $6,148,595 $6,148,595 State General Funds $6,148,595 $6,148,595 $6,148,595 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 Federal Funds Not Itemized $172,588 $172,588 $172,588 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,837,433 $6,837,433 $6,837,433 Healthcare Facility Regulation 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 $5,903,750 $5,903,750 $8,461,900 $5,903,750 $5,903,750 $8,461,900 $5,903,750 $5,903,750 $8,461,900 622 JOURNAL OF THE SENATE 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 PUBLIC FUNDS $14,365,650 $14,365,650 $14,365,650 82.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $82,423 $82,423 $82,423 82.100-Healthcare Facility Regulation Appropriation (HB 741) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $5,986,173 $5,986,173 $5,986,173 State General Funds $5,986,173 $5,986,173 $5,986,173 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 PUBLIC FUNDS $14,448,073 $14,448,073 $14,448,073 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 $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 83.1 Transfer funds from the Medicaid: Aged, Blind, and Disabled ($19,416,386) and Medicaid: Low-Income Medicaid THURSDAY, FEBRUARY 23, 2012 623 ($2,143,082) programs to the Indigent Care Trust Fund program for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds $21,559,468 $21,559,468 $21,559,468 83.100 -Indigent Care Trust Fund Appropriation (HB 741) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $21,559,468 $21,559,468 $21,559,468 State General Funds $21,559,468 $21,559,468 $21,559,468 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 $429,085,656 $429,085,656 $429,085,656 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 Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 624 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $68,842,988 $68,842,988 $68,842,988 Reserved Fund Balances $6,500,000 $6,500,000 $6,500,000 Reserved Fund Balances Not Itemized $6,500,000 $6,500,000 $6,500,000 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 $4,301,550,820 $4,301,550,820 $4,301,550,820 84.1 Transfer funds from the Medicaid: Aged, Blind, and Disabled program to the Indigent Care Trust program for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds ($19,416,386) ($19,416,386) Medical Assistance Program CFDA93.778 ($37,606,774) ($37,606,774) Total Public Funds: ($57,023,160) ($57,023,160) 84.2 Increase funds to maintain provider reimbursement and remove the 0.5% provider rate cut. ($19,416,386) ($37,606,774) ($57,023,160) State General Funds $1,539,444 Medical Assistance Program CFDA93.778 $2,981,684 Total Public Funds: $4,521,128 84.3 Increase funds to adjust member copayments down to the nearest whole or half dollar. $1,539,444 $2,981,684 $4,521,128 $1,539,444 $2,981,684 $4,521,128 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: 84.4 Increase funds to reflect projected Nursing Home Provider Fees. $1,451,485 $1,451,485 $0 $2,811,320 $2,811,320 $0 $4,262,805 $4,262,805 $0 Medical Assistance Program CFDA93.778 $3,004,967 $3,004,967 $3,004,967 Nursing Home Provider Fees $1,551,465 $1,551,465 $1,551,465 Total Public Funds: $4,556,432 $4,556,432 $4,556,432 84.5 Increase the Nursing Home Provider Fee and use to update the nursing home reimbursement to reflect 2009 cost reports. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: 84.6 Increase funds to reflect FY2011 reserves and use to fund benefits expense. $20,691,720 $10,683,139 $31,374,859 $20,691,720 $10,683,139 $31,374,859 $20,691,720 $10,683,139 $31,374,859 Medical Assistance Program CFDA93.778 $96,410,755 $96,410,755 $96,410,755 THURSDAY, FEBRUARY 23, 2012 625 Reserved Fund Balances Not Itemized Total Public Funds: $49,776,895 $49,776,895 $49,776,895 $146,187,650 $146,187,650 $146,187,650 84.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 741) 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 $1,334,801,960 $1,334,801,960 $1,333,350,475 State General Funds $1,165,757,376 $1,165,757,376 $1,164,305,891 Nursing Home Provider Fees $143,556,543 $143,556,543 $143,556,543 Hospital Provider Fee $25,488,041 $25,488,041 $25,488,041 TOTAL FEDERAL FUNDS $2,714,720,059 $2,714,720,059 $2,711,908,739 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,711,932,845 $2,711,932,845 $2,709,121,525 TOTAL AGENCY FUNDS $118,619,883 $118,619,883 $118,619,883 Reserved Fund Balances $56,276,895 $56,276,895 $56,276,895 Reserved Fund Balances Not Itemized $56,276,895 $56,276,895 $56,276,895 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 $4,435,430,534 $4,435,430,534 $4,431,167,729 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 Hospital Provider Fee TOTAL FEDERAL FUNDS $939,577,761 $640,361,746 $102,193,257 $197,022,758 $1,813,018,576 $939,577,761 $640,361,746 $102,193,257 $197,022,758 $1,813,018,576 $939,577,761 $640,361,746 $102,193,257 $197,022,758 $1,813,018,576 626 JOURNAL OF THE SENATE Medical Assistance Program CFDA93.778 $1,813,018,576 $1,813,018,576 $1,813,018,576 TOTAL AGENCY FUNDS $12,328,316 $12,328,316 $12,328,316 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $2,778,341,500 $2,778,341,500 $2,778,341,500 85.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the PeachCare program to align with projected expenditures. State General Funds ($7,197,930) ($7,197,930) Medical Assistance Program CFDA93.778 ($13,941,365) ($13,941,365) Total Public Funds: ($21,139,295) ($21,139,295) 85.2 Increase funds to restore the FY2012 reduction to the Medicaid: Low-Income Medicaid program. ($7,197,930) ($13,941,365) ($21,139,295) State General Funds $77,555,551 Medical Assistance Program CFDA93.778 $150,214,055 Total Public Funds: $227,769,606 85.3 Increase funds to maintain 12 months of care management organization (CMO) payments. $77,555,551 $150,214,055 $227,769,606 $77,555,551 $150,214,055 $227,769,606 State General Funds $75,612,649 $75,612,649 $0 Medical Assistance Program CFDA93.778 $146,450,931 $146,450,931 $0 Total Public Funds: $222,063,580 $222,063,580 $0 85.4 Increase funds to reflect FY2011 reserves and use to fund benefits expense. State General Funds ($4,706,548) ($4,706,548) ($4,706,548) Medical Assistance Program CFDA93.778 $53,597,402 $53,597,402 $53,597,402 Reserved Fund Balances Not Itemized $32,378,899 $32,378,899 $32,378,899 Total Public Funds: $81,269,753 $81,269,753 $81,269,753 85.5 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for specified projects. State General Funds ($3,956,079) ($3,956,079) ($3,956,079) Medical Assistance Program CFDA93.778 ($7,662,362) ($7,662,362) ($7,662,362) Total Public Funds: ($11,618,441) ($11,618,441) ($11,618,441) 85.6 Transfer funds from the Medicaid: Low-Income Medicaid program to the Indigent Care Trust Fund program for the state THURSDAY, FEBRUARY 23, 2012 627 match for private hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds ($2,143,082) Medical Assistance Program CFDA93.778 ($4,150,845) Total Public Funds: ($6,293,927) 85.7 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. ($2,143,082) ($4,150,845) ($6,293,927) State General Funds $3,189,513 Medical Assistance Program CFDA93.778 $6,177,631 Total Public Funds: $9,367,144 85.8 Increase funds to adjust member copayments to the nearest whole or half dollar. $3,189,513 $6,177,631 $9,367,144 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: 85.9 Increase funds to reflect projected Hospital Provider Payment revenue. $360,465 $698,169 $1,058,634 $360,465 $698,169 $1,058,634 Medical Assistance Program CFDA93.778 $2,770,121 Hospital Provider Fee $1,430,214 Total Public Funds: $4,200,335 85.10 Reduce funds based on projected benefit need. (S:Increase funds to meet projected need) $2,770,121 $1,430,214 $4,200,335 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($15,127,330) $15,127,330 $0 ($2,143,082) ($4,150,845) ($6,293,927) $3,189,513 $6,177,631 $9,367,144 $0 $0 $0 $2,770,121 $1,430,214 $4,200,335 $19,270,684 $37,324,570 $56,595,254 85.100 -Medicaid: Low-Income Medicaid Appropriation (HB 741) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,079,722,514 $1,064,595,184 $1,023,020,084 State General Funds $779,076,285 $763,948,955 $722,373,855 Tobacco Settlement Funds $102,193,257 $102,193,257 $102,193,257 Hospital Provider Fee $198,452,972 $198,452,972 $198,452,972 TOTAL FEDERAL FUNDS $2,147,172,313 $2,162,299,643 $2,037,347,783 Medical Assistance Program CFDA93.778 $2,147,172,313 $2,162,299,643 $2,037,347,783 TOTAL AGENCY FUNDS $44,707,215 $44,707,215 $44,707,215 Reserved Fund Balances $32,378,899 $32,378,899 $32,378,899 Reserved Fund Balances Not Itemized $32,378,899 $32,378,899 $32,378,899 628 JOURNAL OF THE SENATE Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,285,018,889 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,285,018,889 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $3,118,491,929 PeachCare Continuation Budget The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $55,439,478 $55,439,478 $55,439,478 State General Funds $53,812,229 $53,812,229 $53,812,229 Hospital Provider Fee $1,627,249 $1,627,249 $1,627,249 TOTAL FEDERAL FUNDS $176,186,477 $176,186,477 $176,186,477 State Children's Insurance Program CFDA93.767 $176,186,477 $176,186,477 $176,186,477 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 $231,777,738 $231,777,738 $231,777,738 86.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the PeachCare program to align with projected expenditures. State General Funds $7,197,930 $7,197,930 $7,197,930 State Children's Insurance Program CFDA93.767 $23,007,399 $23,007,399 $23,007,399 Total Public Funds: $30,205,329 $30,205,329 $30,205,329 86.2 Increase funds to cover the transition of eligible individuals from the State Health Benefit Plan to PeachCare. State General Funds $3,962,018 $3,962,018 State Children's Insurance Program CFDA93.767 $12,664,159 $12,664,159 Total Public Funds: $16,626,177 $16,626,177 86.3 Increase funds to maintain 12 months of care management organization (CMO) capitation payments. $3,962,018 $12,664,159 $16,626,177 State General Funds $6,576,280 $6,576,280 $0 State Children's Insurance Program CFDA93.767 $21,020,362 $21,020,362 $0 Total Public Funds: $27,596,642 $27,596,642 $0 86.4 Increase funds for a provider rate increase to ensure provider access for children of state employees newly eligible and THURSDAY, FEBRUARY 23, 2012 629 enrolled in PeachCare. State General Funds $2,313,834 State Children's Insurance Program CFDA93.767 $7,395,918 Total Public Funds: $9,709,752 86.5 Increase funds to adjust member copayments to the nearest whole or half dollar. State General Funds $229,550 State Children's Insurance Program CFDA93.767 $733,732 Total Public Funds: $963,282 86.6 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: 86.7 Increase funds to recognize FY2011 reserves and use to fund expenses. $349,622 $1,117,529 $1,467,151 State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized Total Public Funds: $1,042,909 $326,277 $1,369,186 $2,313,834 $7,395,918 $9,709,752 $229,550 $733,732 $963,282 $349,622 $1,117,529 $1,467,151 $1,042,909 $326,277 $1,369,186 $2,313,834 $7,395,918 $9,709,752 $0 $0 $0 $349,622 $1,117,529 $1,467,151 $1,042,909 $326,277 $1,369,186 86.100 -PeachCare Appropriation (HB 741) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $76,068,712 $76,068,712 $69,262,882 State General Funds $74,441,463 $74,441,463 $67,635,633 Hospital Provider Fee $1,627,249 $1,627,249 $1,627,249 TOTAL FEDERAL FUNDS $243,168,485 $243,168,485 $221,414,391 State Children's Insurance Program CFDA93.767 $243,168,485 $243,168,485 $221,414,391 TOTAL AGENCY FUNDS $326,277 $326,277 $326,277 Reserved Fund Balances $326,277 $326,277 $326,277 Reserved Fund Balances Not Itemized $326,277 $326,277 $326,277 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 $319,715,257 $319,715,257 $291,155,333 630 JOURNAL OF THE SENATE 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS 87.1 Reduce funds to reflect revenue and expense projections. $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 Health Insurance Payments ($122,019,942) ($122,019,942) ($122,019,942) 87.2 Increase funds to reflect the expense for the initial year of the EnGAgement wellness plan. Health Insurance Payments $1,354,112 87.3 Increase funds to reflect the implementation of a tobacco cessation program. $1,354,112 $1,354,112 Health Insurance Payments $1,200,000 87.4 Reduce funds to reflect savings from the elimination of the bariatric surgery benefit. $1,200,000 $1,200,000 Health Insurance Payments ($1,750,000) ($1,750,000) ($1,750,000) 87.5 Reduce funds to reflect savings from offering the Tricare supplement to members who are former military personnel. Health Insurance Payments ($1,800,000) ($1,800,000) ($1,800,000) 87.6 Reduce funds to reflect savings from the transition of eligible members to PeachCare. Health Insurance Payments ($16,000,000) ($16,000,000) ($16,000,000) 87.7 Reduce funds to reflect savings from implementing a mandatory specialty drugs benefit. Health Insurance Payments ($3,620,000) ($3,620,000) ($3,620,000) 87.8 Reduce funds to reflect savings from implementing a voluntary mail order program for maintenance drugs. Health Insurance Payments ($1,500,000) ($1,500,000) ($1,500,000) 87.9 Reduce funds to reflect savings from decreasing reimbursement rates for out-of-network providers. Health Insurance Payments ($33,100,000) ($33,100,000) ($33,100,000) 87.10 Reduce funds to reflect savings from implementing tiers for prescriptions in the HRA plan. Health Insurance Payments ($31,300,000) ($31,300,000) ($31,300,000) THURSDAY, FEBRUARY 23, 2012 631 87.11 Reduce funds to reflect savings from eliminating the vision benefit in the HMO plan. Health Insurance Payments ($2,300,000) ($2,300,000) ($2,300,000) 87.12 Reduce funds to reflect savings from plan design changes in the Medicare Advantage plans. Health Insurance Payments ($2,989,289) ($2,989,289) ($2,989,289) 87.13 Increase funds to reflect a per member per month billings rate increase for non-certificated school service employees from $246.20 to $296.20, effective September 2011. Health Insurance Payments $32,130,984 $32,130,984 $32,130,984 87.14 Increase funds to reflect a 6.2% employee premium increase due to the requirements of the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $17,900,000 $17,900,000 $17,900,000 87.15 Reduce funds to reflect a reduction in projected reimbursements through the Early Retiree Reinsurance Program. Health Insurance Payments 87.16 Reduce funds to reflect the depletion of prior year funds. ($42,000,000) ($42,000,000) ($42,000,000) Health Insurance Payments ($50,580,920) ($50,580,920) ($50,580,920) 87.17 Increase funds to reflect an increase in the employer share to the State Health Benefit Plan. Health Insurance Payments $81,234,441 $81,234,441 $81,234,441 87.100-State Health Benefit Plan Appropriation (HB 741) The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 Georgia Composite Medical Board 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. 632 JOURNAL OF THE SENATE TOTAL STATE FUNDS $1,967,046 $1,967,046 $1,967,046 State General Funds $1,967,046 $1,967,046 $1,967,046 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 $2,067,046 $2,067,046 $2,067,046 88.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 88.2 Increase funds to reflect an adjustment in telecommunications expenses. $29,695 $29,695 $29,695 State General Funds $1,562 $1,562 88.3 Reduce funds for personnel ($23,768) and rent ($5,000). (H and S:Reduce funds for personnel ($28,768)) $1,562 State General Funds ($28,768) ($28,768) ($28,768) 88.100 -Georgia Composite Medical Board Appropriation (HB 741) 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 $1,969,535 $1,969,535 $1,969,535 State General Funds $1,969,535 $1,969,535 $1,969,535 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 $2,069,535 $2,069,535 $2,069,535 Physician Workforce, Georgia Board for: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $654,416 $654,416 $654,416 State General Funds $654,416 $654,416 $654,416 TOTAL PUBLIC FUNDS $654,416 $654,416 $654,416 89.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for THURSDAY, FEBRUARY 23, 2012 633 December 2011 to April 2012. State General Funds 89.2 Increase funds to reflect an adjustment in telecommunications expenses. $9,244 $9,244 $9,244 State General Funds $269 $269 $269 89.3 Transfer funds from the Georgia Board for Physician Workforce Administration program to the Physicians for Rural Areas program. State General Funds ($40,000) ($40,000) ($40,000) 89.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $623,929 State General Funds $623,929 TOTAL PUBLIC FUNDS $623,929 Appropriation (HB 741) $623,929 $623,929 $623,929 $623,929 $623,929 $623,929 Physician Workforce, Georgia Board for: 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 $7,878,358 $7,878,358 State General Funds $7,878,358 $7,878,358 TOTAL PUBLIC FUNDS $7,878,358 $7,878,358 90.1 Maximize federal participation for graduate medical education programs. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $7,878,358 $7,878,358 $7,878,358 $0 90.100-Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 741) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $7,878,358 $7,878,358 $7,878,358 State General Funds $7,878,358 $7,878,358 $7,878,358 TOTAL PUBLIC FUNDS $7,878,358 $7,878,358 $7,878,358 634 JOURNAL OF THE SENATE Physician Workforce, Georgia Board for: 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 91.1 Reduce funds for the Mercer School of Medicine operating grant. State General Funds $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 ($417,454) $0 $0 91.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 741) 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 $19,752,457 $20,169,911 $20,169,911 State General Funds $19,752,457 $20,169,911 $20,169,911 TOTAL PUBLIC FUNDS $19,752,457 $20,169,911 $20,169,911 Physician Workforce, Georgia Board for: 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 92.1 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 ($220,865) $0 $0 92.100 -Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 741) 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. THURSDAY, FEBRUARY 23, 2012 635 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,450,609 $10,450,609 $10,450,609 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 Physician Workforce, Georgia Board for: Physicians for Rural Areas 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 of aid to promising medical students. TOTAL STATE FUNDS $790,000 $790,000 $790,000 State General Funds $790,000 $790,000 $790,000 TOTAL PUBLIC FUNDS $790,000 $790,000 $790,000 93.1 Transfer funds from the Georgia Board for Physician Workforce Administration program to the Physicians for Rural Areas program. State General Funds $40,000 $40,000 93.2 Increase funds for two additional loan repayments to the Physicians for Rural Areas Assistance program. $40,000 State General Funds $40,000 $40,000 93.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 741) The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical students. TOTAL STATE FUNDS $830,000 $870,000 $870,000 State General Funds $830,000 $870,000 $870,000 TOTAL PUBLIC FUNDS $830,000 $870,000 $870,000 Physician Workforce, Georgia Board for: 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 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 636 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 94.1 Reduce funds for medical education at private institutions. State General Funds $2,731,636 $2,731,636 ($56,537) $0 $2,731,636 $0 94.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 741) 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 $2,675,099 $2,731,636 $2,731,636 State General Funds $2,675,099 $2,731,636 $2,731,636 TOTAL PUBLIC FUNDS $2,675,099 $2,731,636 $2,731,636 Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 $3,598,119 $3,598,119 $3,598,119 $3,598,119 $27,709,215 $27,709,215 $9,239,293 $9,239,293 $9,239,293 $9,239,293 $655,104 $655,104 $655,104 $655,104 $17,814,818 $17,814,818 $17,814,818 $17,814,818 $1,086,164,264 $1,086,164,264 $1,054,856,930 $1,054,856,930 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,086,164,264 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Final $1,083,172,822 $1,083,172,822 $3,598,119 $3,598,119 $27,709,215 $1,082,717,850 $1,082,717,850 $3,598,119 $3,598,119 $27,709,215 $1,083,172,822 $1,083,172,822 $3,598,119 $3,598,119 $27,709,215 THURSDAY, FEBRUARY 23, 2012 637 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 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,114,480,156 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,114,025,184 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,114,480,156 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 $6,005,846 $6,005,846 $6,005,846 State General Funds $6,005,846 $6,005,846 $6,005,846 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $6,012,892 $6,012,892 $6,012,892 95.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 95.2 Increase funds to reflect an adjustment in telecommunications expenses. $61,473 $61,473 $61,473 State General Funds $8,513 $8,513 $8,513 95.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 741) 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 $6,075,832 $6,075,832 $6,075,832 State General Funds $6,075,832 $6,075,832 $6,075,832 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $6,082,878 $6,082,878 $6,082,878 638 JOURNAL OF THE SENATE 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 $9,596,724 $9,596,724 State General Funds $9,596,724 $9,596,724 TOTAL PUBLIC FUNDS $9,596,724 $9,596,724 96.1 Increase funds for jail subsidy payments to local jails for housing Department of Corrections inmates. State General Funds $5,568,358 $5,568,358 $9,596,724 $9,596,724 $9,596,724 $5,568,358 96.100 -County Jail Subsidy Appropriation (HB 741) 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 $15,165,082 $15,165,082 $15,165,082 State General Funds $15,165,082 $15,165,082 $15,165,082 TOTAL PUBLIC FUNDS $15,165,082 $15,165,082 $15,165,082 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 $50,685,350 $50,685,350 $50,685,350 State General Funds $50,685,350 $50,685,350 $50,685,350 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 TOTAL AGENCY FUNDS $598,273 $598,273 $598,273 Sales and Services $598,273 $598,273 $598,273 Sales and Services Not Itemized $598,273 $598,273 $598,273 TOTAL PUBLIC FUNDS $51,354,178 $51,354,178 $51,354,178 97.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 97.2 Increase funds to reflect an adjustment in telecommunications expenses. $597,900 $597,900 $597,900 THURSDAY, FEBRUARY 23, 2012 639 State General Funds $353,027 $353,027 97.3 Increase funds for the Bostick facility renovation to provide 150 beds for medically fragile offenders. $353,027 State General Funds $6,000,000 $6,000,000 $6,000,000 97.4 Transfer funds from the Departmental Administration program to the Offender Management, Probation Supervision, and State Prisons programs for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds ($5,450,000) ($5,450,000) ($5,450,000) 97.5 Reduce funds for personnel in the Operations, Planning, and Training Division. State General Funds ($454,972) $0 97.100-Departmental Administration Appropriation (HB 741) 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 $52,186,277 $51,731,305 $52,186,277 State General Funds $52,186,277 $51,731,305 $52,186,277 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 TOTAL AGENCY FUNDS $598,273 $598,273 $598,273 Sales and Services $598,273 $598,273 $598,273 Sales and Services Not Itemized $598,273 $598,273 $598,273 TOTAL PUBLIC FUNDS $52,855,105 $52,400,133 $52,855,105 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 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 640 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 Sales and Services $450,000 $450,000 $450,000 Sales and Services Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $28,168,663 $28,168,663 $28,168,663 98.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 98.2 Increase funds to reflect an adjustment in telecommunications expenses. $422,887 $422,887 $422,887 State General Funds $48,947 $48,947 $48,947 98.100 -Detention Centers Appropriation (HB 741) 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 $27,921,626 $27,921,626 $27,921,626 State General Funds $27,921,626 $27,921,626 $27,921,626 TOTAL FEDERAL FUNDS $252,380 $252,380 $252,380 Federal Funds Not Itemized $252,380 $252,380 $252,380 TOTAL AGENCY FUNDS $466,491 $466,491 $466,491 Intergovernmental Transfers $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 Sales and Services $450,000 $450,000 $450,000 Sales and Services Not Itemized $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $28,640,497 $28,640,497 $28,640,497 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 FEDERAL FUNDS Federal Funds Not Itemized $27,375,116 $27,375,116 $1,069,721 $1,069,721 $27,375,116 $27,375,116 $1,069,721 $1,069,721 $27,375,116 $27,375,116 $1,069,721 $1,069,721 THURSDAY, FEBRUARY 23, 2012 641 TOTAL AGENCY FUNDS $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $28,644,837 $28,644,837 $28,644,837 99.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 99.2 Increase funds to reflect an adjustment in telecommunications expenses. $20,944 $20,944 $20,944 State General Funds $4,606 $4,606 $4,606 99.3 Increase funds to convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $96,818 $96,818 $96,818 99.100-Food and Farm Operations Appropriation (HB 741) 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 $27,497,484 $27,497,484 $27,497,484 State General Funds $27,497,484 $27,497,484 $27,497,484 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 $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $28,767,205 $28,767,205 $28,767,205 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 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $202,554,271 $202,554,271 $5,390,000 $5,390,000 642 JOURNAL OF THE SENATE Sales and Services Not Itemized $5,390,000 $5,390,000 $5,390,000 TOTAL PUBLIC FUNDS $207,944,271 $207,944,271 $207,944,271 100.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 100.2 Increase funds to reflect an adjustment in telecommunications expenses. $177,932 $177,932 $177,932 State General Funds $4,088 $4,088 $4,088 100.3 Increase funds to convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $334,545 $334,545 $334,545 100.100 -Health Appropriation (HB 741) 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 $203,070,836 $203,070,836 $203,070,836 State General Funds $203,070,836 $203,070,836 $203,070,836 TOTAL AGENCY FUNDS $5,390,000 $5,390,000 $5,390,000 Sales and Services $5,390,000 $5,390,000 $5,390,000 Sales and Services Not Itemized $5,390,000 $5,390,000 $5,390,000 TOTAL PUBLIC FUNDS $208,460,836 $208,460,836 $208,460,836 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 $42,040,243 $42,040,243 $42,040,243 State General Funds $42,040,243 $42,040,243 $42,040,243 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 $42,070,243 $42,070,243 $42,070,243 101.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for THURSDAY, FEBRUARY 23, 2012 643 December 2011 to April 2012. State General Funds 101.2 Increase funds to reflect an adjustment in telecommunications expenses. $59,315 $59,315 $59,315 State General Funds $16,981 $16,981 $16,981 101.3 Transfer funds from the Departmental Administration program to the Offender Management program for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds $150,000 $150,000 $150,000 101.100 -Offender Management Appropriation (HB 741) 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 $42,266,539 $42,266,539 $42,266,539 State General Funds $42,266,539 $42,266,539 $42,266,539 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 $42,296,539 $42,296,539 $42,296,539 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 $4,620,927 $4,620,927 $4,620,927 State General Funds $4,620,927 $4,620,927 $4,620,927 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 $5,033,427 $5,033,427 $5,033,427 102.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 644 JOURNAL OF THE SENATE State General Funds 102.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $78,958 $7,373 $78,958 $7,373 $78,958 $7,373 102.100-Parole Revocation Centers Appropriation (HB 741) 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 $4,707,258 $4,707,258 $4,707,258 State General Funds $4,707,258 $4,707,258 $4,707,258 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 $5,119,758 $5,119,758 $5,119,758 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 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 103.100 -Private Prisons Appropriation (HB 741) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $99,634,010 $99,634,010 $99,634,010 State General Funds $99,634,010 $99,634,010 $99,634,010 TOTAL PUBLIC FUNDS $99,634,010 $99,634,010 $99,634,010 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. THURSDAY, FEBRUARY 23, 2012 645 TOTAL STATE FUNDS $89,353,763 $89,353,763 $89,353,763 State General Funds $89,353,763 $89,353,763 $89,353,763 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 $89,453,763 $89,453,763 $89,453,763 104.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 104.2 Increase funds to reflect an adjustment in telecommunications expenses. $1,424,798 $1,424,798 $1,424,798 State General Funds $330,999 $330,999 $330,999 104.3 Transfer funds from the Departmental Administration program to the Probation Supervision program for the Georgia Enterprise Technology Services (GETS) contracts to align funding with the functional budget program. State General Funds $2,800,000 $2,800,000 $2,800,000 104.99 SAC: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. House: 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. Governor: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. State General Funds $0 $0 $0 104.100 -Probation Supervision Appropriation (HB 741) 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 $93,909,560 $93,909,560 $93,909,560 State General Funds $93,909,560 $93,909,560 $93,909,560 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 $94,009,560 $94,009,560 $94,009,560 646 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 $467,149,934 $467,149,934 $467,149,934 State General Funds $467,149,934 $467,149,934 $467,149,934 TOTAL FEDERAL FUNDS $2,197,963 $2,197,963 $2,197,963 Federal Funds Not Itemized $2,197,963 $2,197,963 $2,197,963 TOTAL AGENCY FUNDS $20,512,405 $20,512,405 $20,512,405 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 $10,634,499 $10,634,499 $10,634,499 Sales and Services Not Itemized $10,634,499 $10,634,499 $10,634,499 TOTAL PUBLIC FUNDS $489,860,302 $489,860,302 $489,860,302 105.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 105.2 Increase funds to reflect an adjustment in telecommunications expenses. $7,415,896 $7,415,896 $7,415,896 State General Funds $616,024 $616,024 $616,024 105.3 Increase funds to convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $4,200,644 $4,200,644 $4,200,644 105.4 Transfer funds and 104 positions from the Transitional Centers program to the State Prisons program to align budget with expenditures. State General Funds $4,135,776 $4,135,776 $1,529,318 105.5 Transfer funds from the Departmental Administration program to the State Prisons program for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds $2,500,000 $2,500,000 $2,500,000 THURSDAY, FEBRUARY 23, 2012 647 105.99 SAC: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society; and to provide fire services and work details to the Department, state agencies, and local communities. House: 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; and to provide fire services and work details to the Department, state agencies, and local communities. Governor: 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; and to provide fire services and work details to the Department, state agencies, and local communities. State General Funds $0 $0 $0 105.100 -State Prisons Appropriation (HB 741) 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; and to provide fire services and work details to the Department, state agencies, and local communities. TOTAL STATE FUNDS $486,018,274 $486,018,274 $483,411,816 State General Funds $486,018,274 $486,018,274 $483,411,816 TOTAL FEDERAL FUNDS $2,197,963 $2,197,963 $2,197,963 Federal Funds Not Itemized $2,197,963 $2,197,963 $2,197,963 TOTAL AGENCY FUNDS $20,512,405 $20,512,405 $20,512,405 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 $10,634,499 $10,634,499 $10,634,499 Sales and Services Not Itemized $10,634,499 $10,634,499 $10,634,499 TOTAL PUBLIC FUNDS $508,728,642 $508,728,642 $506,122,184 648 JOURNAL OF THE SENATE 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 $28,390,954 $28,390,954 $28,390,954 State General Funds $28,390,954 $28,390,954 $28,390,954 TOTAL PUBLIC FUNDS $28,390,954 $28,390,954 $28,390,954 106.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 106.2 Increase funds to reflect an adjustment in telecommunications expenses. $419,136 $419,136 $419,136 State General Funds $45,730 $45,730 $45,730 106.3 Transfer funds and 104 positions from the Transitional Centers program to the State Prisons program to align budget with expenditures. State General Funds ($4,135,776) ($4,135,776) ($1,529,318) 106.100 -Transitional Centers Appropriation (HB 741) 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 $24,720,044 $24,720,044 $27,326,502 State General Funds $24,720,044 $24,720,044 $27,326,502 TOTAL PUBLIC FUNDS $24,720,044 $24,720,044 $27,326,502 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 Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Section Total - Continuation $8,862,426 $8,862,426 $8,862,426 $8,862,426 $51,415,118 $51,415,118 $51,415,118 $51,415,118 $6,448,566 $6,448,566 $17,305 $17,305 $17,305 $17,305 $4,988,048 $4,988,048 $8,862,426 $8,862,426 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 THURSDAY, FEBRUARY 23, 2012 649 Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 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 Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,923,542 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 $8,923,542 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 $8,923,542 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 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 $1,152,780 $1,152,780 $1,152,780 State General Funds $1,152,780 $1,152,780 $1,152,780 TOTAL FEDERAL FUNDS $594,059 $594,059 $594,059 Federal Funds Not Itemized $594,059 $594,059 $594,059 TOTAL PUBLIC FUNDS $1,746,839 $1,746,839 $1,746,839 107.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 650 JOURNAL OF THE SENATE State General Funds 107.2 Increase funds to reflect an adjustment in telecommunications expenses. $18,178 $18,178 State General Funds $46,549 $46,549 107.3 Reduce funds for personnel by increasing the utilization of federal funds and holding three positions vacant. State General Funds ($84,867) ($84,867) $18,178 $46,549 ($84,867) 107.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,132,640 $1,132,640 $1,132,640 State General Funds $1,132,640 $1,132,640 $1,132,640 TOTAL FEDERAL FUNDS $594,059 $594,059 $594,059 Federal Funds Not Itemized $594,059 $594,059 $594,059 TOTAL PUBLIC FUNDS $1,726,699 $1,726,699 $1,726,699 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 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 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 THURSDAY, FEBRUARY 23, 2012 651 108.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $42,914 $42,914 $42,914 108.100 -Military Readiness Appropriation (HB 741) 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 $4,585,870 $4,585,870 $4,585,870 State General Funds $4,585,870 $4,585,870 $4,585,870 TOTAL FEDERAL FUNDS $41,554,643 $41,554,643 $41,554,643 Federal Funds Not Itemized $41,554,643 $41,554,643 $41,554,643 TOTAL AGENCY FUNDS $6,448,566 $6,448,566 $6,448,566 Contributions, Donations, and Forfeitures $17,305 $17,305 $17,305 Contributions, Donations, and Forfeitures Not Itemized $17,305 $17,305 $17,305 Intergovernmental Transfers $4,988,048 $4,988,048 $4,988,048 Intergovernmental Transfers Not Itemized $4,988,048 $4,988,048 $4,988,048 Royalties and Rents $177,212 $177,212 $177,212 Royalties and Rents Not Itemized $177,212 $177,212 $177,212 Sales and Services $1,266,001 $1,266,001 $1,266,001 Sales and Services Not Itemized $1,266,001 $1,266,001 $1,266,001 TOTAL PUBLIC FUNDS $52,589,079 $52,589,079 $52,589,079 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 $3,166,690 $3,166,690 $3,166,690 State General Funds $3,166,690 $3,166,690 $3,166,690 TOTAL FEDERAL FUNDS $9,266,416 $9,266,416 $9,266,416 Federal Funds Not Itemized $9,266,416 $9,266,416 $9,266,416 TOTAL PUBLIC FUNDS $12,433,106 $12,433,106 $12,433,106 109.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for 652 JOURNAL OF THE SENATE December 2011 to April 2012. State General Funds $38,342 $38,342 $38,342 109.100 -Youth Educational Services Appropriation (HB 741) 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 $3,205,032 $3,205,032 $3,205,032 State General Funds $3,205,032 $3,205,032 $3,205,032 TOTAL FEDERAL FUNDS $9,266,416 $9,266,416 $9,266,416 Federal Funds Not Itemized $9,266,416 $9,266,416 $9,266,416 TOTAL PUBLIC FUNDS $12,471,448 $12,471,448 $12,471,448 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $57,053,533 $57,053,533 $57,053,533 $57,053,533 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $59,897,654 $59,897,654 $57,053,533 $57,053,533 $2,844,121 $2,844,121 $2,844,121 $59,897,654 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $58,860,043 $58,860,043 $2,844,121 $2,844,121 $2,844,121 $61,704,164 $58,860,043 $58,860,043 $2,844,121 $2,844,121 $2,844,121 $61,704,164 $58,860,043 $58,860,043 $2,844,121 $2,844,121 $2,844,121 $61,704,164 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, as well as driver training and education regulatory programs. THURSDAY, FEBRUARY 23, 2012 653 TOTAL STATE FUNDS $8,941,118 $8,941,118 $8,941,118 State General Funds $8,941,118 $8,941,118 $8,941,118 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 $9,441,975 $9,441,975 $9,441,975 110.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 110.2 Increase funds to reflect an adjustment in telecommunications expenses. $76,068 $76,068 $76,068 State General Funds 110.3 Reduce funds for personnel. $224,631 $224,631 $224,631 State General Funds ($178,822) ($178,822) ($178,822) 110.99 SAC: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. House: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. Governor: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. State General Funds $0 $0 $0 110.100-Customer Service Support Appropriation (HB 741) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,062,995 $9,062,995 $9,062,995 State General Funds $9,062,995 $9,062,995 $9,062,995 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 $9,563,852 $9,563,852 $9,563,852 654 JOURNAL OF THE SENATE 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 $47,277,449 $47,277,449 $47,277,449 State General Funds $47,277,449 $47,277,449 $47,277,449 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 $49,105,284 $49,105,284 $49,105,284 111.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 111.2 Increase funds to reflect an adjustment in telecommunications expenses. $481,829 $481,829 $481,829 State General Funds $1,186,511 $1,186,511 $1,186,511 111.100 -License Issuance Appropriation (HB 741) 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 $48,945,789 $48,945,789 $48,945,789 State General Funds $48,945,789 $48,945,789 $48,945,789 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 $50,773,624 $50,773,624 $50,773,624 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. THURSDAY, FEBRUARY 23, 2012 655 TOTAL STATE FUNDS $834,966 $834,966 $834,966 State General Funds $834,966 $834,966 $834,966 TOTAL AGENCY FUNDS $515,429 $515,429 $515,429 Sales and Services $515,429 $515,429 $515,429 Sales and Services Not Itemized $515,429 $515,429 $515,429 TOTAL PUBLIC FUNDS $1,350,395 $1,350,395 $1,350,395 112.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 112.2 Increase funds to reflect an adjustment in telecommunications expenses. $12,016 $12,016 $12,016 State General Funds $20,977 112.3 Reduce funds for contracts for the Online Certification Reporting Application (OCRA). $20,977 $20,977 State General Funds ($16,700) ($16,700) ($16,700) 112.100 -Regulatory Compliance Appropriation (HB 741) 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 $851,259 $851,259 $851,259 State General Funds $851,259 $851,259 $851,259 TOTAL AGENCY FUNDS $515,429 $515,429 $515,429 Sales and Services $515,429 $515,429 $515,429 Sales and Services Not Itemized $515,429 $515,429 $515,429 TOTAL PUBLIC FUNDS $1,366,688 $1,366,688 $1,366,688 Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Head Start CFDA93.708 Section Total - Continuation $301,820,403 $301,820,403 $1,187,817 $1,187,817 $300,632,586 $300,632,586 $154,814,640 $154,814,640 $121,974,758 $121,974,758 $2,000,000 $2,000,000 $301,820,403 $1,187,817 $300,632,586 $154,814,640 $121,974,758 $2,000,000 656 JOURNAL OF THE SENATE Child Care & Development Block Grant CFDA93.575 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Head Start CFDA93.708 Child Care & Development Block Grant CFDA93.575 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,774,293 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,774,293 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,774,293 Section Total - Final $301,901,533 $1,210,533 $300,691,000 $154,814,640 $121,974,758 $2,000,000 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,855,423 $301,894,033 $1,203,033 $300,691,000 $154,814,640 $121,974,758 $2,000,000 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,847,923 $301,894,033 $1,203,033 $300,691,000 $154,814,640 $121,974,758 $2,000,000 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,847,923 THURSDAY, FEBRUARY 23, 2012 657 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 $1,187,817 $1,187,817 $1,187,817 State General Funds $1,187,817 $1,187,817 $1,187,817 TOTAL FEDERAL FUNDS $6,839,882 $6,839,882 $6,839,882 Child Care & Development Block Grant CFDA93.575 $6,839,882 $6,839,882 $6,839,882 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Rebates, Refunds, and Reimbursements $14,250 $14,250 $14,250 Rebates, Refunds, and Reimbursements Not Itemized $14,250 $14,250 $14,250 Sales and Services $750 $750 $750 Sales and Services Not Itemized $750 $750 $750 TOTAL PUBLIC FUNDS $8,042,699 $8,042,699 $8,042,699 113.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 113.2 Reduce funds for operations. $22,716 $22,716 $22,716 State General Funds ($7,500) ($7,500) 113.100 -Child Care Services Appropriation (HB 741) 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 $1,210,533 $1,203,033 $1,203,033 State General Funds $1,210,533 $1,203,033 $1,203,033 TOTAL FEDERAL FUNDS $6,839,882 $6,839,882 $6,839,882 Child Care & Development Block Grant CFDA93.575 $6,839,882 $6,839,882 $6,839,882 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Rebates, Refunds, and Reimbursements $14,250 $14,250 $14,250 Rebates, Refunds, and Reimbursements Not Itemized $14,250 $14,250 $14,250 Sales and Services $750 $750 $750 Sales and Services Not Itemized $750 $750 $750 TOTAL PUBLIC FUNDS $8,065,415 $8,057,915 $8,057,915 658 JOURNAL OF THE SENATE 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 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 114.100 -Nutrition Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 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 $300,632,586 $300,632,586 $300,632,586 State General Funds $0 $0 $0 Lottery Proceeds $300,632,586 $300,632,586 $300,632,586 TOTAL FEDERAL FUNDS $367,823 $367,823 $367,823 Federal Funds Not Itemized $367,823 $367,823 $367,823 TOTAL PUBLIC FUNDS $301,000,409 $301,000,409 $301,000,409 115.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Lottery Proceeds 115.2 Increase funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds $57,828 $586 $57,828 $586 $57,828 $586 THURSDAY, FEBRUARY 23, 2012 659 115.100 -Pre-Kindergarten Program Appropriation (HB 741) 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 $300,691,000 $300,691,000 $300,691,000 Lottery Proceeds $300,691,000 $300,691,000 $300,691,000 TOTAL FEDERAL FUNDS $367,823 $367,823 $367,823 Federal Funds Not Itemized $367,823 $367,823 $367,823 TOTAL PUBLIC FUNDS $301,058,823 $301,058,823 $301,058,823 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 Federal Funds Not Itemized ARRA-Head Start CFDA93.708 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $26,506,935 $506,935 $2,000,000 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $0 $0 $26,506,935 $506,935 $2,000,000 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $0 $0 $26,506,935 $506,935 $2,000,000 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 116.100 -Quality Initiatives Appropriation (HB 741) 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 Federal Funds Not Itemized $26,506,935 $506,935 $26,506,935 $506,935 $26,506,935 $506,935 660 JOURNAL OF THE SENATE ARRA-Head Start CFDA93.708 Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services $2,000,000 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $2,000,000 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $2,000,000 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 Section Total - Continuation $39,688,684 $39,688,684 $32,019,738 $32,019,738 $7,668,946 $7,668,946 $909,400 $909,400 $909,400 $909,400 $20,370 $20,370 $20,244 $20,244 $20,244 $20,244 $126 $126 $126 $126 $40,618,454 $40,618,454 Section Total - Final $39,131,341 $31,462,395 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $38,981,341 $31,312,395 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $39,688,684 $32,019,738 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,618,454 $39,156,341 $31,487,395 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 THURSDAY, FEBRUARY 23, 2012 661 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $126 $40,061,111 $126 $39,911,111 $126 $40,086,111 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 Capitol Galleries. TOTAL STATE FUNDS $574,268 $574,268 $574,268 State General Funds $574,268 $574,268 $574,268 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,233,668 $1,233,668 $1,233,668 117.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $5,932 $5,932 $5,932 117.100-Arts, Georgia Council for the Appropriation (HB 741) 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 STATE FUNDS $580,200 $580,200 $580,200 State General Funds $580,200 $580,200 $580,200 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,239,600 $1,239,600 $1,239,600 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 $7,708,241 $7,708,241 $7,708,241 State General Funds $7,708,241 $7,708,241 $7,708,241 TOTAL PUBLIC FUNDS $7,708,241 $7,708,241 $7,708,241 118.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for 662 JOURNAL OF THE SENATE December 2011 to April 2012. State General Funds 118.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 118.3 Reduce funds for personnel and eliminate one vacant position. State General Funds 118.4 Reduce funds for marketing. State General Funds $72,528 $666 ($100,000) ($196,974) $72,528 $666 ($100,000) ($196,974) $72,528 $666 ($100,000) ($206,974) 118.100 -Business Recruitment and Expansion Appropriation (HB 741) 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 $7,484,461 $7,484,461 $7,474,461 State General Funds $7,484,461 $7,484,461 $7,474,461 TOTAL PUBLIC FUNDS $7,484,461 $7,484,461 $7,474,461 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 $3,996,523 $3,996,523 $3,996,523 State General Funds $3,996,523 $3,996,523 $3,996,523 TOTAL AGENCY FUNDS $126 $126 $126 Sales and Services $126 $126 $126 Sales and Services Not Itemized $126 $126 $126 TOTAL PUBLIC FUNDS $3,996,649 $3,996,649 $3,996,649 119.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 119.2 Increase funds to reflect an adjustment in telecommunications expenses. $48,479 $48,479 $48,479 State General Funds 119.3 Reduce funds for personnel. $251 $251 $251 THURSDAY, FEBRUARY 23, 2012 663 State General Funds 119.4 Reduce funds for equipment. State General Funds 119.5 Increase funds for telecommunications expenses. State General Funds 119.6 Reduce funds marketing. State General Funds ($80,545) ($15,597) $150,000 ($14,723) ($80,545) ($15,597) $0 ($14,723) ($80,545) ($15,597) $0 ($14,723) 119.100-Departmental Administration Appropriation (HB 741) 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 $4,084,388 $3,934,388 $3,934,388 State General Funds $4,084,388 $3,934,388 $3,934,388 TOTAL AGENCY FUNDS $126 $126 $126 Sales and Services $126 $126 $126 Sales and Services Not Itemized $126 $126 $126 TOTAL PUBLIC FUNDS $4,084,514 $3,934,514 $3,934,514 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 $1,010,892 $1,010,892 $1,010,892 State General Funds $1,010,892 $1,010,892 $1,010,892 TOTAL PUBLIC FUNDS $1,010,892 $1,010,892 $1,010,892 120.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 120.2 Increase funds to reflect an adjustment in telecommunications expenses. $9,753 $9,753 $9,753 State General Funds 120.3 Reduce funds for marketing. $20 $20 $20 State General Funds ($50,000) ($50,000) ($50,000) 664 JOURNAL OF THE SENATE 120.100-Film, Video, and Music Appropriation (HB 741) 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 $970,665 $970,665 $970,665 State General Funds $970,665 $970,665 $970,665 TOTAL PUBLIC FUNDS $970,665 $970,665 $970,665 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; provide contract funds for Georgia Research Alliance (GRA) for economic development activities including but not limited to supporting Georgia-based companies and university research; and provide contract funds for Georgia Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS $13,634,805 $13,634,805 $13,634,805 State General Funds $5,965,859 $5,965,859 $5,965,859 Tobacco Settlement Funds $7,668,946 $7,668,946 $7,668,946 TOTAL FEDERAL FUNDS $250,000 $250,000 $250,000 Federal Funds Not Itemized $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $13,884,805 $13,884,805 $13,884,805 122.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 122.2 Increase funds to reflect an adjustment in telecommunications expenses. $9,412 $9,412 $9,412 State General Funds 122.3 Reduce funds for contracts with the Georgia Research Alliance. $52 $52 $52 State General Funds ($90,047) ($90,047) ($90,047) 122.100 -Innovation and Technology Appropriation (HB 741) 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; provide contract funds for Georgia Research Alliance (GRA) for economic development activities including but not limited to supporting Georgia-based companies and university research; and provide contract funds for Georgia Cancer Coalition for ongoing research and prevention. THURSDAY, FEBRUARY 23, 2012 665 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,554,222 $5,885,276 $7,668,946 $250,000 $250,000 $13,804,222 $13,554,222 $5,885,276 $7,668,946 $250,000 $250,000 $13,804,222 $13,554,222 $5,885,276 $7,668,946 $250,000 $250,000 $13,804,222 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 $2,101,547 $2,101,547 $2,101,547 State General Funds $2,101,547 $2,101,547 $2,101,547 TOTAL PUBLIC FUNDS $2,101,547 $2,101,547 $2,101,547 123.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 123.2 Increase funds to reflect an adjustment in telecommunications expenses. $16,401 $16,401 $16,401 State General Funds $120 $120 $120 123.100 -International Relations and Trade Appropriation (HB 741) 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 $2,118,068 $2,118,068 $2,118,068 State General Funds $2,118,068 $2,118,068 $2,118,068 TOTAL PUBLIC FUNDS $2,118,068 $2,118,068 $2,118,068 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. 666 JOURNAL OF THE SENATE TOTAL STATE FUNDS $896,415 $896,415 $896,415 State General Funds $896,415 $896,415 $896,415 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 $916,659 $916,659 $916,659 124.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 124.2 Increase funds to reflect an adjustment in telecommunications expenses. $12,980 $12,980 $12,980 State General Funds 124.3 Reduce funds for equipment. $72 $72 $72 State General Funds ($5,100) ($5,100) ($5,100) 124.100 -Small and Minority Business Development Appropriation (HB 741) 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 $904,367 $904,367 $904,367 State General Funds $904,367 $904,367 $904,367 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 $924,611 $924,611 $924,611 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 cultural and tourism development as well as the Georgia Historical Society and the Georgia Humanities Council contracts, 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 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 THURSDAY, FEBRUARY 23, 2012 667 TOTAL PUBLIC FUNDS $9,590,993 $9,590,993 $9,590,993 125.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 125.2 Increase funds to reflect an adjustment in telecommunications expenses. $66,039 $66,039 $66,039 State General Funds 125.3 Reduce funds for personnel and eliminate two filled positions. $792 $792 $792 State General Funds 125.4 Reduce funds for marketing. ($147,854) ($147,854) ($147,854) State General Funds ($75,000) ($75,000) ($75,000) 125.5 Transfer funds added in HB78 (2011 Session) to the Civil War Commission for tourism promotion related to the sesquicentennial. State General Funds ($10,000) 125.100 -Tourism Appropriation (HB 741) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund cultural and tourism development as well as the Georgia Historical Society and the Georgia Humanities Council contracts, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS $9,434,970 $9,434,970 $9,424,970 State General Funds $9,434,970 $9,434,970 $9,424,970 TOTAL PUBLIC FUNDS $9,434,970 $9,434,970 $9,424,970 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 126.1 Reduce funds and replace with other funds for operations. State General Funds $175,000 $175,000 $175,000 ($175,000) $175,000 $175,000 $175,000 ($175,000) $175,000 $175,000 $175,000 $0 668 JOURNAL OF THE SENATE 126.100 -Payments to Georgia Medical Center Authority Appropriation (HB 741) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $0 $0 $175,000 State General Funds $0 $0 $175,000 TOTAL PUBLIC FUNDS $0 $0 $175,000 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 $0 State General Funds $0 999.1 Transfer funds from the Department of Economic Development for tourism promotion related to the sesquicentennial. State General Funds 999.2 Increase funds for tourism promotion related to the sesquicentennial. $10,000 State General Funds $10,000 999.100-Civil War Commission Appropriation (HB 741) 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 $20,000 State General Funds $20,000 TOTAL PUBLIC FUNDS $20,000 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $6,969,195,136 $6,969,195,136 $6,969,195,136 $6,969,195,136 $1,181,149,614 $1,181,149,614 $1,181,149,614 $1,181,149,614 $4,620,465 $4,620,465 $6,969,195,136 $6,969,195,136 $1,181,149,614 $1,181,149,614 $4,620,465 THURSDAY, FEBRUARY 23, 2012 669 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,154,965,215 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,154,965,215 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,154,965,215 TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $7,060,812,381 $6,895,225,906 $165,586,475 $1,181,149,614 $1,181,149,614 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,246,582,460 $7,074,493,258 $6,908,906,783 $165,586,475 $1,731,400,525 $1,731,400,525 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,810,514,248 $7,070,206,054 $6,904,619,579 $165,586,475 $1,731,400,525 $1,731,400,525 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,806,227,044 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 $7,727,787 $7,727,787 $7,727,787 $7,727,787 $7,727,787 $7,727,787 670 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 127.1 Reduce funds for operations for Extended Day/Year. State General Funds 127.2 Reduce funds for operations for Area Teacher Program. State General Funds 127.3 Reduce funds for operations for Young Farmers. State General Funds 127.4 Reduce funds for operations for Youth Camps. State General Funds 127.5 Reduce funds for operations. State General Funds $124,318 $124,318 $7,852,105 $124,318 $124,318 $7,852,105 $124,318 $124,318 $7,852,105 ($44,522) $0 $0 ($21,794) $0 $0 ($39,076) $0 $0 ($49,164) $0 $0 ($77,278) ($77,278) 127.100 -Agricultural Education Appropriation (HB 741) 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 $7,573,231 $7,650,509 $7,650,509 State General Funds $7,573,231 $7,650,509 $7,650,509 TOTAL FEDERAL FUNDS $124,318 $124,318 $124,318 Federal Funds Not Itemized $124,318 $124,318 $124,318 TOTAL PUBLIC FUNDS $7,697,549 $7,774,827 $7,774,827 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 THURSDAY, FEBRUARY 23, 2012 671 Contributions, Donations, and Forfeitures $1,433,723 $1,433,723 $1,433,723 Contributions, Donations, and Forfeitures Not Itemized $1,433,723 $1,433,723 $1,433,723 Reserved Fund Balances $745,406 $745,406 $745,406 Reserved Fund Balances Not Itemized $745,406 $745,406 $745,406 TOTAL PUBLIC FUNDS $92,216,661 $92,216,661 $92,216,661 128.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $408,548 $408,548 $408,548 128.2 Increase funds to reflect an adjustment in telecommunications expenses. Revenue Shortfall Reserve for K-12 Needs 128.3 Reduce funds for operations. State General Funds $24,096 ($33,176) $24,096 ($33,176) $24,096 ($33,176) 128.100 -Central Office Appropriation (HB 741) 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 $29,451,689 $29,451,689 $29,451,689 State General Funds $29,019,045 $29,019,045 $29,019,045 Revenue Shortfall Reserve for K-12 Needs $432,644 $432,644 $432,644 TOTAL FEDERAL FUNDS $60,985,311 $60,985,311 $60,985,311 Federal Funds Not Itemized $60,985,311 $60,985,311 $60,985,311 TOTAL AGENCY FUNDS $2,179,129 $2,179,129 $2,179,129 Contributions, Donations, and Forfeitures $1,433,723 $1,433,723 $1,433,723 Contributions, Donations, and Forfeitures Not Itemized $1,433,723 $1,433,723 $1,433,723 Reserved Fund Balances $745,406 $745,406 $745,406 Reserved Fund Balances Not Itemized $745,406 $745,406 $745,406 TOTAL PUBLIC FUNDS $92,616,129 $92,616,129 $92,616,129 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 $2,148,300 $2,148,300 $2,148,300 $2,148,300 $2,148,300 $2,148,300 672 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 129.1 Reduce funds for planning grants. State General Funds 129.2 Reduce funds for facilities grants. State General Funds $5,556,475 $5,556,475 $7,704,775 $5,556,475 $5,556,475 $7,704,775 $5,556,475 $5,556,475 $7,704,775 ($34,973) ($34,973) ($34,973) ($119,781) ($119,781) ($119,781) 129.100 -Charter Schools Appropriation (HB 741) 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 $1,993,546 $1,993,546 $1,993,546 State General Funds $1,993,546 $1,993,546 $1,993,546 TOTAL FEDERAL FUNDS $5,556,475 $5,556,475 $5,556,475 Federal Funds Not Itemized $5,556,475 $5,556,475 $5,556,475 TOTAL PUBLIC FUNDS $7,550,021 $7,550,021 $7,550,021 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 130.1 Reduce funds for grants to local affiliates. State General Funds $933,100 $933,100 $933,100 ($18,662) $933,100 $933,100 $933,100 ($18,662) $933,100 $933,100 $933,100 ($18,662) 130.100 -Communities in Schools Appropriation (HB 741) 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 $914,438 $914,438 $914,438 State General Funds $914,438 $914,438 $914,438 TOTAL PUBLIC FUNDS $914,438 $914,438 $914,438 THURSDAY, FEBRUARY 23, 2012 673 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 131.1 Reduce funds for operations. State General Funds $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 ($20,056) ($20,056) ($20,056) 131.100-Curriculum Development Appropriation (HB 741) 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 $982,744 $982,744 $982,744 State General Funds $982,744 $982,744 $982,744 TOTAL PUBLIC FUNDS $982,744 $982,744 $982,744 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 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 132.100-Federal Programs Appropriation (HB 741) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 674 JOURNAL OF THE SENATE 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 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 133.100-Georgia Learning Resources System Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 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 $4,792,820 $4,792,820 $4,792,820 State General Funds $4,792,820 $4,792,820 $4,792,820 TOTAL AGENCY FUNDS $1,018,214 $1,018,214 $1,018,214 Sales and Services $1,018,214 $1,018,214 $1,018,214 Sales and Services Not Itemized $1,018,214 $1,018,214 $1,018,214 TOTAL PUBLIC FUNDS $5,811,034 $5,811,034 $5,811,034 134.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs 134.2 Reduce funds for operations. $4,409 $4,409 $4,409 State General Funds ($95,856) ($95,856) ($95,856) THURSDAY, FEBRUARY 23, 2012 675 134.100 -Georgia Virtual School Appropriation (HB 741) 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 $4,701,373 $4,701,373 $4,701,373 State General Funds $4,696,964 $4,696,964 $4,696,964 Revenue Shortfall Reserve for K-12 Needs $4,409 $4,409 $4,409 TOTAL AGENCY FUNDS $1,018,214 $1,018,214 $1,018,214 Sales and Services $1,018,214 $1,018,214 $1,018,214 Sales and Services Not Itemized $1,018,214 $1,018,214 $1,018,214 TOTAL PUBLIC FUNDS $5,719,587 $5,719,587 $5,719,587 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 135.1 Reduce funds for contracts. State General Funds $144,000 $144,000 $144,000 ($2,880) $144,000 $144,000 $144,000 ($2,880) $144,000 $144,000 $144,000 ($2,880) 135.100 -Georgia Youth Science and Technology Appropriation (HB 741) 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 $141,120 $141,120 $141,120 State General Funds $141,120 $141,120 $141,120 TOTAL PUBLIC FUNDS $141,120 $141,120 $141,120 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. 676 JOURNAL OF THE SENATE TOTAL STATE FUNDS $962,908 $962,908 $962,908 State General Funds $962,908 $962,908 $962,908 TOTAL PUBLIC FUNDS $962,908 $962,908 $962,908 136.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs 136.2 Reduce funds for operations. $3,087 $3,087 $3,087 State General Funds ($19,258) ($19,258) ($19,258) 136.100 -Governor's Honors Program Appropriation (HB 741) 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 $946,737 $946,737 $946,737 State General Funds $943,650 $943,650 $943,650 Revenue Shortfall Reserve for K-12 Needs $3,087 $3,087 $3,087 TOTAL PUBLIC FUNDS $946,737 $946,737 $946,737 Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 137.1 Reduce funds for internet access due to reduced subscription and usage. State General Funds $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 ($66,436) ($66,436) $0 137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $3,255,367 State General Funds $3,255,367 TOTAL PUBLIC FUNDS $3,255,367 Appropriation (HB 741) $3,255,367 $3,255,367 $3,255,367 $3,321,803 $3,321,803 $3,321,803 THURSDAY, FEBRUARY 23, 2012 677 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 138.1 Reduce funds for Residential Treatment Centers. $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 State General Funds 138.2 Reduce funds for Sparsity Grants. ($76,628) $0 $0 State General Funds 138.3 Reduce funds for Georgia Special Needs Scholarships. ($53,700) ($53,700) ($53,700) State General Funds ($207,020) ($207,020) $0 138.4 Transfer funds to the Quality Basic Education program for Georgia Special Needs Scholarships. (S:Adjust based on actual enrollment) State General Funds ($10,144,033) ($10,144,033) ($10,939,310) 138.5 Increase funds for a midterm adjustment for enrollment growth for Georgia Special Needs Scholarships. State General Funds $588,257 138.99 SAC: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. House: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. Governor: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. State General Funds $0 $0 $0 138.100-Non Quality Basic Education Formula Grants Appropriation (HB 741) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $6,386,040 $6,462,668 $6,462,668 State General Funds $6,386,040 $6,462,668 $6,462,668 678 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $6,386,040 $6,462,668 $6,462,668 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 139.1 Reduce funds for the school lunch program. State General Funds 139.2 Increase funds to reflect projected receipts. Federal Funds Not Itemized $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 ($775,965) ($775,965) ($775,965) $550,250,911 $550,250,911 139.100 -Nutrition Appropriation (HB 741) 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 $22,343,223 $22,343,223 $22,343,223 State General Funds $22,343,223 $22,343,223 $22,343,223 TOTAL FEDERAL FUNDS $24,637,301 $574,888,212 $574,888,212 Federal Funds Not Itemized $24,637,301 $574,888,212 $574,888,212 TOTAL PUBLIC FUNDS $46,980,524 $597,231,435 $597,231,435 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 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 THURSDAY, FEBRUARY 23, 2012 679 140.100 -Preschool Handicapped Appropriation (HB 741) 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 $27,891,099 $27,891,099 $27,891,099 State General Funds $27,891,099 $27,891,099 $27,891,099 TOTAL PUBLIC FUNDS $27,891,099 $27,891,099 $27,891,099 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 141.1 Reduce funds. State General Funds $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 ($2,606,214) ($2,606,214) ($2,606,214) 141.100 -Pupil Transportation Appropriation (HB 741) 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 $127,704,479 $127,704,479 $127,704,479 State General Funds $127,704,479 $127,704,479 $127,704,479 TOTAL PUBLIC FUNDS $127,704,479 $127,704,479 $127,704,479 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 $436,158,587 142.1 Increase funds for one-time funding for school systems with decreased Equalization earnings in FY13 due to new formula calculations per HB824 (2012 Session). (S:Implement a two-year phase-in of new formula calculations per HB824 (2012 Session) instead of providing partial funding of hold harmless for school systems with decreased Equalization earnings) Revenue Shortfall Reserve for K-12 Needs $7,000,000 $0 680 JOURNAL OF THE SENATE 142.100 -Quality Basic Education Equalization Appropriation (HB 741) 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 $443,158,587 $436,158,587 State General Funds $436,158,587 $436,158,587 $436,158,587 Revenue Shortfall Reserve for K-12 Needs $7,000,000 TOTAL PUBLIC FUNDS $436,158,587 $443,158,587 $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) 143.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 741) 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 $7,816,655,183 $7,816,655,183 $7,816,655,183 State General Funds $7,816,655,183 $7,816,655,183 $7,816,655,183 TOTAL PUBLIC FUNDS $7,816,655,183 $7,816,655,183 $7,816,655,183 144.1 Increase funds for a midterm adjustment for enrollment growth. (H and S:Adjust based on actuals) Revenue Shortfall Reserve for K-12 Needs $87,924,513 $85,913,816 $85,913,816 144.2 Increase funds for a grant to the State Special Charter Schools. (H:Adjust based on projected expenditures) THURSDAY, FEBRUARY 23, 2012 681 Revenue Shortfall Reserve for K-12 Needs $8,647,953 $7,618,717 $8,647,953 144.3 Transfer funds from the Non-Quality Basic Education Grants program for Georgia Special Needs Scholarships. (S:Adjust based on actual enrollment) State General Funds 144.4 Replace funds. $10,144,033 $10,144,033 $10,939,310 State General Funds ($68,145,242) ($54,871,222) ($59,983,159) Revenue Shortfall Reserve for K-12 Needs $68,145,242 $54,871,222 $59,983,159 Total Public Funds: $0 $0 $0 144.5 Increase funds for certified math and science teachers per HB280 (2010 Session) not currently funded due to error. (S:Increase funds for FY2011 earnings for certified math and science teachers per HB280 (2010 Session) not funded due to error, and fund such earnings for FY2012 in the FY2013 General Budget, in accordance with the rest of training and experience) Revenue Shortfall Reserve for K-12 Needs 144.6 Increase funds for Charter System Grants. $6,453,320 $3,512,147 Revenue Shortfall Reserve for K-12 Needs 144.7 Increase funds for virtual State Special Charter Schools. $2,860,633 $2,860,633 Revenue Shortfall Reserve for K-12 Needs $3,800,000 144.100 -Quality Basic Education Program Appropriation (HB 741) 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 $7,923,371,682 $7,929,645,702 $7,932,329,042 State General Funds $7,758,653,974 $7,771,927,994 $7,767,611,334 Revenue Shortfall Reserve for K-12 Needs $164,717,708 $157,717,708 $164,717,708 TOTAL PUBLIC FUNDS $7,923,371,682 $7,929,645,702 $7,932,329,042 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 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 682 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 145.1 Reduce funds for Education Technology Centers. State General Funds 145.2 Reduce funds for Regional Education Service Agencies (RESA) core services. State General Funds $8,571,299 ($60,487) ($110,939) $8,571,299 ($60,487) $0 $8,571,299 ($60,487) ($36,980) 145.100 -Regional Education Service Agencies Appropriation (HB 741) 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 $8,399,873 $8,510,812 $8,473,832 State General Funds $8,399,873 $8,510,812 $8,473,832 TOTAL PUBLIC FUNDS $8,399,873 $8,510,812 $8,473,832 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 $5,161,681 $5,161,681 $5,161,681 State General Funds $5,161,681 $5,161,681 $5,161,681 TOTAL PUBLIC FUNDS $5,161,681 $5,161,681 $5,161,681 146.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $72,714 $72,714 146.2 Reduce funds for personnel to reflect savings from holding three positions vacant for half a year. $72,714 State General Funds 146.3 Reduce funds for operations. ($125,000) ($125,000) ($125,000) State General Funds ($100,734) ($100,734) ($100,734) THURSDAY, FEBRUARY 23, 2012 683 146.100 -School Improvement Appropriation (HB 741) 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 $5,008,661 $5,008,661 $5,008,661 State General Funds $4,935,947 $4,935,947 $4,935,947 Revenue Shortfall Reserve for K-12 Needs $72,714 $72,714 $72,714 TOTAL PUBLIC FUNDS $5,008,661 $5,008,661 $5,008,661 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 147.1 Reduce funds for operations. State General Funds $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 ($527,990) ($527,990) ($527,990) 147.100 -School Nurses Appropriation (HB 741) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $25,871,530 $25,871,530 $25,871,530 State General Funds $25,871,530 $25,871,530 $25,871,530 TOTAL PUBLIC FUNDS $25,871,530 $25,871,530 $25,871,530 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 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 684 JOURNAL OF THE SENATE 148.100-Severely Emotionally Disturbed Appropriation (HB 741) 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 $64,275,760 $64,275,760 $64,275,760 State General Funds $64,275,760 $64,275,760 $64,275,760 TOTAL FEDERAL FUNDS $2,972,895 $2,972,895 $2,972,895 Federal Funds Not Itemized $2,972,895 $2,972,895 $2,972,895 TOTAL PUBLIC FUNDS $67,248,655 $67,248,655 $67,248,655 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 $8,497,963 $8,497,963 $8,497,963 State General Funds $8,497,963 $8,497,963 $8,497,963 TOTAL FEDERAL FUNDS $16,458,804 $16,458,804 $16,458,804 Federal Funds Not Itemized $16,458,804 $16,458,804 $16,458,804 TOTAL PUBLIC FUNDS $24,956,767 $24,956,767 $24,956,767 149.99 SAC: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. House: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. Governor: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. State General Funds $0 $0 $0 149.100-State Interagency Transfers Appropriation (HB 741) The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. TOTAL STATE FUNDS $8,497,963 $8,497,963 $8,497,963 THURSDAY, FEBRUARY 23, 2012 685 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $16,458,804 $16,458,804 $24,956,767 State Schools Continuation Budget The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $23,379,119 $23,379,119 $23,379,119 State General Funds $23,379,119 $23,379,119 $23,379,119 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 $24,802,241 $24,802,241 $24,802,241 150.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $355,913 $355,913 $355,913 150.100 -State Schools Appropriation (HB 741) The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $23,735,032 $23,735,032 $23,735,032 State General Funds $23,379,119 $23,379,119 $23,379,119 Revenue Shortfall Reserve for K-12 Needs $355,913 $355,913 $355,913 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 $828,560 686 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 $25,158,154 $828,560 $104,155 $104,155 $25,158,154 $828,560 $104,155 $104,155 $25,158,154 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 $14,201,164 State General Funds $14,201,164 TOTAL FEDERAL FUNDS $16,012,923 Federal Funds Not Itemized $16,012,923 TOTAL PUBLIC FUNDS $30,214,087 151.1 Reduce funds for the Extended Day/Year Program. (H and S:Reduce funds for operations) State General Funds ($342,207) $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 ($200,195) $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 ($200,195) 151.100-Technology/Career Education Appropriation (HB 741) 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 $13,858,957 $14,000,969 $14,000,969 State General Funds $13,858,957 $14,000,969 $14,000,969 TOTAL FEDERAL FUNDS $16,012,923 $16,012,923 $16,012,923 Federal Funds Not Itemized $16,012,923 $16,012,923 $16,012,923 TOTAL PUBLIC FUNDS $29,871,880 $30,013,892 $30,013,892 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 $13,573,504 $13,573,504 $16,681,802 $13,573,504 $13,573,504 $16,681,802 $13,573,504 $13,573,504 $16,681,802 THURSDAY, FEBRUARY 23, 2012 687 Federal Funds Not Itemized TOTAL PUBLIC FUNDS 152.1 Reduce funds. State General Funds $16,681,802 $30,255,306 $16,681,802 $30,255,306 $16,681,802 $30,255,306 ($271,470) ($271,470) ($271,470) 152.100 -Testing Appropriation (HB 741) 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 $13,302,034 $13,302,034 $13,302,034 State General Funds $13,302,034 $13,302,034 $13,302,034 TOTAL FEDERAL FUNDS $16,681,802 $16,681,802 $16,681,802 Federal Funds Not Itemized $16,681,802 $16,681,802 $16,681,802 TOTAL PUBLIC FUNDS $29,983,836 $29,983,836 $29,983,836 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 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 153.100 -Tuition for Multi-Handicapped Appropriation (HB 741) 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 $1,551,946 $1,551,946 $1,551,946 State General Funds $1,551,946 $1,551,946 $1,551,946 TOTAL PUBLIC FUNDS $1,551,946 $1,551,946 $1,551,946 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. 688 JOURNAL OF THE SENATE Section 24: Employees' Retirement System of Georgia 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 Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $17,165,784 $17,165,784 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 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 Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 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 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 THURSDAY, FEBRUARY 23, 2012 689 154.100 -Deferred Compensation Appropriation (HB 741) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 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 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 155.100-Georgia Military Pension Fund Appropriation (HB 741) 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 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 156.100 -Public School Employees Retirement System Appropriation (HB 741) 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. 690 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 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 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 $16,889,336 157.100-System Administration Appropriation (HB 741) 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 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 11.63% for New Plan employees and 6.88% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 7.42% 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 $391.42 per member for State Fiscal Year 2012. Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds Section Total - Continuation $28,365,917 $28,365,917 $28,365,917 $28,365,917 $28,365,917 $28,365,917 THURSDAY, FEBRUARY 23, 2012 691 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $40,968,986 Section Total - Final $28,714,926 $28,714,926 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $41,317,995 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $40,968,986 $28,714,926 $28,714,926 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $41,317,995 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $40,968,986 $28,714,926 $28,714,926 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $41,317,995 692 JOURNAL OF THE SENATE 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 $3,273,139 $3,273,139 $3,273,139 State General Funds $3,273,139 $3,273,139 $3,273,139 TOTAL FEDERAL FUNDS $42,400 $42,400 $42,400 Federal Funds Not Itemized $42,400 $42,400 $42,400 TOTAL AGENCY FUNDS $66,288 $66,288 $66,288 Sales and Services $66,288 $66,288 $66,288 Sales and Services Not Itemized $66,288 $66,288 $66,288 TOTAL PUBLIC FUNDS $3,381,827 $3,381,827 $3,381,827 158.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 158.2 Reduce funds to reflect an adjustment in telecommunications expenses. $40,424 $40,424 $40,424 State General Funds ($1,483) ($1,483) ($1,483) 158.100 -Commission Administration Appropriation (HB 741) 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 $3,312,080 $3,312,080 $3,312,080 State General Funds $3,312,080 $3,312,080 $3,312,080 TOTAL FEDERAL FUNDS $42,400 $42,400 $42,400 Federal Funds Not Itemized $42,400 $42,400 $42,400 TOTAL AGENCY FUNDS $66,288 $66,288 $66,288 Sales and Services $66,288 $66,288 $66,288 Sales and Services Not Itemized $66,288 $66,288 $66,288 TOTAL PUBLIC FUNDS $3,420,768 $3,420,768 $3,420,768 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 THURSDAY, FEBRUARY 23, 2012 693 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 $2,099,722 $2,099,722 $2,099,722 State General Funds $2,099,722 $2,099,722 $2,099,722 TOTAL FEDERAL FUNDS $3,331,476 $3,331,476 $3,331,476 Federal Funds Not Itemized $3,331,476 $3,331,476 $3,331,476 TOTAL AGENCY FUNDS $1,002,832 $1,002,832 $1,002,832 Intergovernmental Transfers $125,000 $125,000 $125,000 Intergovernmental Transfers Not Itemized $125,000 $125,000 $125,000 Sales and Services $877,832 $877,832 $877,832 Sales and Services Not Itemized $877,832 $877,832 $877,832 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $50,000 $50,000 $50,000 State Funds Transfers $50,000 $50,000 $50,000 Agency to Agency Contracts $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $6,484,030 $6,484,030 $6,484,030 159.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 159.2 Reduce funds to reflect an adjustment in telecommunications expenses. $33,477 $33,477 $33,477 State General Funds ($348) ($348) ($348) 159.3 Reduce funds for personnel by eliminating one vacant position. (H and S:Reduce funds and maintain position count) State General Funds ($63,439) ($63,439) ($63,439) 159.100 -Forest Management Appropriation (HB 741) 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. 694 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,069,412 $2,069,412 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,453,720 $2,069,412 $2,069,412 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,453,720 $2,069,412 $2,069,412 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,453,720 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 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 THURSDAY, FEBRUARY 23, 2012 695 160.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 160.2 Reduce funds to reflect an adjustment in telecommunications expenses. $343,657 $343,657 $343,657 State General Funds ($3,279) ($3,279) ($3,279) 160.100 -Forest Protection Appropriation (HB 741) 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 $23,333,434 $23,333,434 $23,333,434 State General Funds $23,333,434 $23,333,434 $23,333,434 TOTAL FEDERAL FUNDS $2,246,681 $2,246,681 $2,246,681 Federal Funds Not Itemized $2,246,681 $2,246,681 $2,246,681 TOTAL AGENCY FUNDS $4,656,312 $4,656,312 $4,656,312 Royalties and Rents $33,000 $33,000 $33,000 Royalties and Rents Not Itemized $33,000 $33,000 $33,000 Sales and Services $4,623,312 $4,623,312 $4,623,312 Sales and Services Not Itemized $4,623,312 $4,623,312 $4,623,312 TOTAL PUBLIC FUNDS $30,236,427 $30,236,427 $30,236,427 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 $0 $0 $133,717 $133,717 $1,073,363 $0 $0 $133,717 $133,717 $1,073,363 $0 $0 $133,717 $133,717 $1,073,363 696 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,073,363 $1,073,363 $1,207,080 $1,073,363 $1,073,363 $1,207,080 $1,073,363 $1,073,363 $1,207,080 161.100 -Tree Seedling Nursery Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 Section Total - Continuation $53,016,258 $53,016,258 $53,016,258 $53,016,258 $44,024,117 $44,024,117 $40,209,767 $40,209,767 $3,814,350 $3,814,350 $4,575,809 $4,575,809 $3,000,000 $3,000,000 $3,000,000 $3,000,000 $100,000 $100,000 $100,000 $100,000 $747,064 $747,064 $747,064 $747,064 $561,056 $561,056 $561,056 $561,056 $167,689 $167,689 $167,689 $167,689 $53,016,258 $53,016,258 $44,024,117 $40,209,767 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 THURSDAY, FEBRUARY 23, 2012 697 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $147,325 $147,325 $147,325 $101,763,509 $147,325 $147,325 $147,325 $101,763,509 $147,325 $147,325 $147,325 $101,763,509 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $55,597,086 $55,597,086 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,509,404 $55,597,086 $55,597,086 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,509,404 $55,492,353 $55,492,353 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $172,404,671 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 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 698 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $21,701,931 162.1 Increase funds for state matching funds to FEMA grant for March tornadoes. State General Funds $2,859,165 $21,701,931 $2,859,165 $21,701,931 $2,859,165 162.100-Governor's Emergency Fund Appropriation (HB 741) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $24,561,096 $24,561,096 $24,561,096 State General Funds $24,561,096 $24,561,096 $24,561,096 TOTAL PUBLIC FUNDS $24,561,096 $24,561,096 $24,561,096 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 $5,914,065 $5,914,065 $5,914,065 State General Funds $5,914,065 $5,914,065 $5,914,065 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 $6,014,065 $6,014,065 $6,014,065 163.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 163.2 Increase funds to reflect an adjustment in telecommunications expenses. $78,631 $78,631 $78,631 State General Funds 163.3 Reduce funds for operations. $39,924 $39,924 $39,924 State General Funds ($118,281) ($118,281) ($118,281) THURSDAY, FEBRUARY 23, 2012 699 163.100 -Governor's Office Appropriation (HB 741) 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 $5,914,339 $5,914,339 $5,914,339 State General Funds $5,914,339 $5,914,339 $5,914,339 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 $6,014,339 $6,014,339 $6,014,339 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 $7,888,777 $7,888,777 $7,888,777 State General Funds $7,888,777 $7,888,777 $7,888,777 TOTAL PUBLIC FUNDS $7,888,777 $7,888,777 $7,888,777 164.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 164.2 Reduce funds to reflect an adjustment in telecommunications expenses. $83,128 $83,128 $83,128 State General Funds 164.3 Reduce funds for operations. ($121,722) ($121,722) ($121,722) State General Funds ($157,755) ($157,755) ($157,755) 164.100 -Planning and Budget, Governor's Office of Appropriation (HB 741) 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 $7,692,428 $7,692,428 $7,692,428 State General Funds $7,692,428 $7,692,428 $7,692,428 TOTAL PUBLIC FUNDS $7,692,428 $7,692,428 $7,692,428 700 JOURNAL OF THE SENATE Child Advocate, Office of the Continuation Budget The purpose of this appropriation is to provide independent oversight of persons, organizations, and agencies responsible for the protection and well-being of children. TOTAL STATE FUNDS $832,892 $832,892 $832,892 State General Funds $832,892 $832,892 $832,892 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 $922,475 $922,475 $922,475 165.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $10,937 $10,937 $10,937 165.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 165.3 Reduce funds for operations based on projected expenditures. $1,469 $1,469 $1,469 State General Funds 165.4 Reduce funds and replace with federal funds. ($10,508) ($10,508) ($10,508) State General Funds ($6,150) ($6,150) ($6,150) 165.100 -Child Advocate, Office of the Appropriation (HB 741) 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 $828,640 $828,640 $828,640 State General Funds $828,640 $828,640 $828,640 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 $918,223 $918,223 $918,223 THURSDAY, FEBRUARY 23, 2012 701 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 $1,089,999 $1,089,999 $1,089,999 State General Funds $1,089,999 $1,089,999 $1,089,999 TOTAL FEDERAL FUNDS $8,215,596 $8,215,596 $8,215,596 Federal Funds Not Itemized $4,401,246 $4,401,246 $4,401,246 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances Not Itemized $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $11,805,595 $11,805,595 $11,805,595 166.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 166.2 Reduce funds to reflect an adjustment in telecommunications expenses. $13,658 $13,658 $13,658 State General Funds 166.3 Reduce funds for implementing new Community Strategy grants. ($825) ($825) ($825) State General Funds ($59,224) ($59,224) ($59,224) 166.100 -Children and Families, Governor's Office for Appropriation (HB 741) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $1,043,608 $1,043,608 $1,043,608 State General Funds $1,043,608 $1,043,608 $1,043,608 TOTAL FEDERAL FUNDS $8,215,596 $8,215,596 $8,215,596 Federal Funds Not Itemized $4,401,246 $4,401,246 $4,401,246 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances Not Itemized $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $11,759,204 $11,759,204 $11,759,204 702 JOURNAL OF THE SENATE 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, 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 STATE FUNDS $2,013,369 $2,013,369 $2,013,369 State General Funds $2,013,369 $2,013,369 $2,013,369 TOTAL FEDERAL FUNDS $29,703,182 $29,703,182 $29,703,182 Federal Funds Not Itemized $29,703,182 $29,703,182 $29,703,182 TOTAL AGENCY FUNDS $660,531 $660,531 $660,531 Reserved Fund Balances $500,000 $500,000 $500,000 Reserved Fund Balances Not Itemized $500,000 $500,000 $500,000 Sales and Services $160,531 $160,531 $160,531 Sales and Services Not Itemized $160,531 $160,531 $160,531 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $147,325 $147,325 $147,325 State Funds Transfers $147,325 $147,325 $147,325 Agency to Agency Contracts $147,325 $147,325 $147,325 TOTAL PUBLIC FUNDS $32,524,407 $32,524,407 $32,524,407 167.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 167.2 Increase funds to reflect an adjustment in telecommunications expenses. $26,251 $26,251 $26,251 State General Funds 167.3 Reduce funds for the Civil Air Patrol contract. $36,496 $36,496 $36,496 State General Funds ($40,267) ($40,267) ($10,000) 167.100 -Emergency Management Agency, Georgia Appropriation (HB 741) 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 STATE FUNDS $2,035,849 $2,035,849 $2,066,116 THURSDAY, FEBRUARY 23, 2012 703 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,035,849 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,546,887 $2,035,849 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,546,887 $2,066,116 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,577,154 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 $473,351 $473,351 $473,351 State General Funds $473,351 $473,351 $473,351 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $880,351 $880,351 $880,351 168.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 168.2 Reduce funds to reflect an adjustment in telecommunications expenses. $9,032 $9,032 $9,032 State General Funds 168.3 Increase funds for operations. ($11,792) ($11,792) ($11,792) State General Funds $150,649 $150,649 $150,649 168.100-Equal Opportunity, Georgia Commission on Appropriation (HB 741) 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. 704 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $621,240 $621,240 $407,000 $407,000 $1,028,240 $621,240 $621,240 $407,000 $407,000 $1,028,240 $621,240 $621,240 $407,000 $407,000 $1,028,240 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 $5,839,020 $5,839,020 $5,839,020 State General Funds $5,839,020 $5,839,020 $5,839,020 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 $6,251,450 $6,251,450 $6,251,450 169.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 169.2 Reduce funds to reflect an adjustment in telecommunications expenses. $91,903 $91,903 $91,903 State General Funds 169.3 Reduce funds for personnel. ($1,536) ($1,536) ($1,536) State General Funds 169.4 Reduce funds for contracts. ($70,996) ($70,996) ($70,996) State General Funds ($45,784) ($45,784) ($45,784) 169.100 -Professional Standards Commission, Georgia Appropriation (HB 741) 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 $5,812,607 $5,812,607 $5,812,607 THURSDAY, FEBRUARY 23, 2012 705 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,812,607 $411,930 $411,930 $500 $500 $500 $6,225,037 $5,812,607 $411,930 $411,930 $500 $500 $500 $6,225,037 $5,812,607 $411,930 $411,930 $500 $500 $500 $6,225,037 Consumer Protection, 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 $5,878,953 $5,878,953 $5,878,953 State General Funds $5,878,953 $5,878,953 $5,878,953 TOTAL AGENCY FUNDS $1,314,753 $1,314,753 $1,314,753 Rebates, Refunds, and Reimbursements $747,064 $747,064 $747,064 Rebates, Refunds, and Reimbursements Not Itemized $747,064 $747,064 $747,064 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $7,193,706 $7,193,706 $7,193,706 170.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 170.2 Reduce funds to reflect an adjustment in telecommunications expenses. $65,608 $65,608 $65,608 State General Funds 170.3 Reduce funds for operations. ($54,395) ($54,395) ($54,395) State General Funds 170.4 Reduce funds for contracts. ($50,000) ($50,000) ($50,000) State General Funds 170.5 Reduce funds and replace with agency reserve funds. ($67,579) ($67,579) ($67,579) 706 JOURNAL OF THE SENATE State General Funds 170.6 Reduce funds for Customer Service. State General Funds ($58,437) ($58,437) ($58,437) ($135,000) 170.100 -Consumer Protection, Governor's Office of Appropriation (HB 741) 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 $5,714,150 $5,714,150 $5,579,150 State General Funds $5,714,150 $5,714,150 $5,579,150 TOTAL AGENCY FUNDS $1,314,753 $1,314,753 $1,314,753 Rebates, Refunds, and Reimbursements $747,064 $747,064 $747,064 Rebates, Refunds, and Reimbursements Not Itemized $747,064 $747,064 $747,064 Sales and Services $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $7,028,903 $7,028,903 $6,893,903 Governor's Office of Workforce Development Continuation Budget The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 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 PUBLIC FUNDS $5,196,851 $5,196,851 $5,196,851 171.1 Transfer funds from the Georgia Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act. Federal Funds Not Itemized $68,165,067 $68,165,067 $68,165,067 171.100-Governor's Office of Workforce Development Appropriation (HB 741) The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. THURSDAY, FEBRUARY 23, 2012 707 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 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 $555,712 $555,712 $555,712 State General Funds $555,712 $555,712 $555,712 TOTAL PUBLIC FUNDS $555,712 $555,712 $555,712 172.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 172.2 Increase funds to reflect an adjustment in telecommunications expenses. $7,959 $7,959 $7,959 State General Funds $1,816 $1,816 $1,816 172.100 -Office of the State Inspector General Appropriation (HB 741) 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 $565,487 $565,487 $565,487 State General Funds $565,487 $565,487 $565,487 TOTAL PUBLIC FUNDS $565,487 $565,487 $565,487 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 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 708 JOURNAL OF THE SENATE 173.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 173.2 Increase funds to reflect an adjustment in telecommunications expenses. $15,714 $15,714 $15,714 State General Funds 173.3 Reduce funds for personnel. $303 $303 $303 State General Funds 173.4 Reduce funds for real estate rentals. ($16,564) ($16,564) ($16,564) State General Funds ($20,000) ($20,000) ($20,000) 173.100 -Student Achievement, Office of Appropriation (HB 741) 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 $807,642 $807,642 $807,642 State General Funds $807,642 $807,642 $807,642 TOTAL PUBLIC FUNDS $807,642 $807,642 $807,642 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 Protection 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 Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Section Total - Continuation $493,851,322 $493,851,322 $487,659,516 $487,659,516 $6,191,806 $6,191,806 $1,066,721,402 $1,066,721,402 $248,633,721 $248,633,721 $93,207,077 $93,207,077 $493,851,322 $487,659,516 $6,191,806 $1,066,721,402 $248,633,721 $93,207,077 THURSDAY, FEBRUARY 23, 2012 709 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 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 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Income from DECAL for Supplemental Childcare Services Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 $100,117,851 $17,282,159 $75,551,657 $24,827,737 $63,275,687 $52,945,743 $372,622,231 $346,822,231 $25,800,000 $18,257,539 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,603,033,112 $100,117,851 $17,282,159 $75,551,657 $24,827,737 $63,275,687 $52,945,743 $372,622,231 $346,822,231 $25,800,000 $18,257,539 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,603,033,112 $100,117,851 $17,282,159 $75,551,657 $24,827,737 $63,275,687 $52,945,743 $372,622,231 $346,822,231 $25,800,000 $18,257,539 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,603,033,112 Section Total - Final $512,165,729 $505,973,923 $6,191,806 $1,028,336,336 $247,211,355 $93,207,077 $100,117,851 $512,169,690 $505,977,884 $6,191,806 $1,028,336,336 $247,211,355 $93,207,077 $100,117,851 $514,196,234 $508,004,428 $6,191,806 $1,028,336,336 $247,211,355 $93,207,077 $100,117,851 710 JOURNAL OF THE SENATE Community Services Block Grant CFDA93.569 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Income from DECAL for Supplemental Childcare Services Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $17,282,159 $77,728,169 $24,827,737 $62,851,542 $200,470 $52,945,743 $342,412,633 $342,412,633 $9,551,600 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,582,962,453 $17,282,159 $77,728,169 $24,827,737 $62,851,542 $200,470 $52,945,743 $342,412,633 $342,412,633 $9,551,600 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,582,966,414 $17,282,159 $77,728,169 $24,827,737 $62,851,542 $200,470 $52,945,743 $342,412,633 $342,412,633 $9,551,600 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,584,992,958 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 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 THURSDAY, FEBRUARY 23, 2012 711 Temporary Assistance for Needy Families Grant CFDA93.558 $17,000,000 $17,000,000 $17,000,000 TOTAL AGENCY FUNDS $46,500 $46,500 $46,500 Contributions, Donations, and Forfeitures $46,500 $46,500 $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 $46,500 $46,500 TOTAL PUBLIC FUNDS $89,166,503 $89,166,503 $89,166,503 174.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,544 174.2 Increase funds for unallowable Title IV-E expenditures based on a federal audit. $26,544 $26,544 State General Funds $9,643,303 $9,643,303 $9,643,303 174.3 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($600,000) ($600,000) ($600,000) 174.100 -Adoption Services Appropriation (HB 741) 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 $43,728,966 $43,728,966 $43,728,966 State General Funds $43,728,966 $43,728,966 $43,728,966 TOTAL FEDERAL FUNDS $54,460,884 $54,460,884 $54,460,884 Federal Funds Not Itemized $38,060,884 $38,060,884 $38,060,884 Temporary Assistance for Needy Families $16,400,000 $16,400,000 $16,400,000 Temporary Assistance for Needy Families Grant CFDA93.558 $16,400,000 $16,400,000 $16,400,000 TOTAL AGENCY FUNDS $46,500 $46,500 $46,500 Contributions, Donations, and Forfeitures $46,500 $46,500 $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 $46,500 $46,500 TOTAL PUBLIC FUNDS $98,236,350 $98,236,350 $98,236,350 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. 712 JOURNAL OF THE SENATE 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 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 175.100 -After School Care Appropriation (HB 741) 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 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 Child Care Licensing Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 177.1 Increase funds to maximize Title IV-E. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $1,096,931 $1,096,931 $2,193,862 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $1,555,448 $1,096,931 $2,652,379 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $1,555,448 $1,096,931 $2,652,379 THURSDAY, FEBRUARY 23, 2012 713 177.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,735,345) ($2,193,862) ($2,193,862) 177.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,544 177.100 -Child Care Licensing Appropriation (HB 741) 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 $1,096,931 $1,555,448 $1,581,992 State General Funds $1,096,931 $1,555,448 $1,581,992 TOTAL FEDERAL FUNDS $1,555,448 $1,096,931 $1,096,931 Foster Care Title IV-E CFDA93.658 $1,096,931 $1,096,931 $1,096,931 Temporary Assistance for Needy Families $458,517 $0 $0 Temporary Assistance for Needy Families Grant CFDA93.558 $458,517 $0 $0 TOTAL PUBLIC FUNDS $2,652,379 $2,652,379 $2,678,923 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 Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 714 JOURNAL OF THE SENATE Income from DECAL for Supplemental Childcare Services TOTAL PUBLIC FUNDS $2,500,000 $2,500,000 $2,500,000 $225,254,561 $225,254,561 $225,254,561 178.100 -Child Care Services Appropriation (HB 741) 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 $54,234,300 $54,234,300 $54,234,300 State General Funds $54,234,300 $54,234,300 $54,234,300 TOTAL FEDERAL FUNDS $168,520,261 $168,520,261 $168,520,261 Federal Funds Not Itemized $2,405,811 $2,405,811 $2,405,811 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $75,415,944 $75,415,944 $75,415,944 Social Services Block Grant CFDA93.667 $90 $90 $90 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 Income from DECAL for Supplemental Childcare Services $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $225,254,561 $225,254,561 $225,254,561 Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 THURSDAY, FEBRUARY 23, 2012 715 179.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 179.2 Increase funds to reflect an adjustment in telecommunications expenses. $292,665 $292,665 $292,665 State General Funds 179.3 Replace state funds with incentive funds for operations. $176,221 $176,221 $42,463 State General Funds Federal Funds Not Itemized Total Public Funds: ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) 179.100 -Child Support Services Appropriation (HB 741) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $24,100,060 $24,100,060 $23,966,302 State General Funds $24,100,060 $24,100,060 $23,966,302 TOTAL FEDERAL FUNDS $71,240,292 $71,240,292 $71,240,292 Federal Funds Not Itemized $71,120,292 $71,120,292 $71,120,292 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 Agency to Agency Contracts $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $98,577,612 $98,577,612 $98,443,854 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 Federal Funds Not Itemized $89,712,644 $89,712,644 $162,749,366 $29,441,489 $89,712,644 $89,712,644 $162,749,366 $29,441,489 $89,712,644 $89,712,644 $162,749,366 $29,441,489 716 JOURNAL OF THE SENATE CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 $189,956 Foster Care Title IV-E CFDA93.658 $32,844,033 $32,844,033 $32,844,033 Medical Assistance Program CFDA93.778 $327,806 $327,806 $327,806 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $91,681,915 $91,681,915 $91,681,915 Temporary Assistance for Needy Families Grant CFDA93.558 $65,881,915 $65,881,915 $65,881,915 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 $25,800,000 $25,800,000 TOTAL AGENCY FUNDS $8,500,000 $8,500,000 $8,500,000 Sales and Services $8,500,000 $8,500,000 $8,500,000 Sales and Services Not Itemized $8,500,000 $8,500,000 $8,500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $152,208 $152,208 $152,208 State Funds Transfers $152,208 $152,208 $152,208 Agency to Agency Contracts $152,208 $152,208 $152,208 TOTAL PUBLIC FUNDS $261,114,218 $261,114,218 $261,114,218 180.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 180.2 Replace funds. $24,468 $24,468 $1,125,116 Temporary Assistance for Needy Families Grant CFDA93.558 $25,800,000 $25,800,000 $25,800,000 TANF Transfers to Social Services Block Grant per 42 USC 604 ($25,800,000) ($25,800,000) ($25,800,000) Total Public Funds: $0 $0 $0 180.3 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 180.4 Reduce funds for the appropriation in line 180.101. ($13,159,020) ($13,159,020) ($13,159,020) Temporary Assistance for Needy Families Grant CFDA93.558 ($250,000) ($250,000) ($250,000) 180.100 -Child Welfare Services Appropriation (HB 741) 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. THURSDAY, FEBRUARY 23, 2012 717 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $89,737,112 $89,737,112 $149,340,346 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $78,272,895 $78,272,895 $8,500,000 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $247,729,666 $89,737,112 $89,737,112 $149,340,346 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $78,272,895 $78,272,895 $8,500,000 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $247,729,666 $90,837,760 $90,837,760 $149,340,346 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $78,272,895 $78,272,895 $8,500,000 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $248,830,314 180.101 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 $250,000 $250,000 Community Services Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 181.100-Community Services Appropriation (HB 741) 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. 718 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 Departmental Administration Continuation Budget 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 $34,666,911 $34,666,911 $34,666,911 State General Funds $34,666,911 $34,666,911 $34,666,911 TOTAL FEDERAL FUNDS $49,544,119 $49,544,119 $49,544,119 Federal Funds Not Itemized $23,580,352 $23,580,352 $23,580,352 CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 $1,118,705 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $92,976 $92,976 $92,976 Foster Care Title IV-E CFDA93.658 $5,697,821 $5,697,821 $5,697,821 Low-Income Home Energy Assistance CFDA93.568 $200,000 $200,000 $200,000 Medical Assistance Program CFDA93.778 $4,813,206 $4,813,206 $4,813,206 Social Services Block Grant CFDA93.667 $2,539,375 $2,539,375 $2,539,375 Temporary Assistance for Needy Families $11,292,523 $11,292,523 $11,292,523 Temporary Assistance for Needy Families Grant CFDA93.558 $11,292,523 $11,292,523 $11,292,523 TOTAL AGENCY FUNDS $15,288,067 $15,288,067 $15,288,067 Sales and Services $15,288,067 $15,288,067 $15,288,067 Sales and Services Not Itemized $15,288,067 $15,288,067 $15,288,067 TOTAL PUBLIC FUNDS $99,499,097 $99,499,097 $99,499,097 182.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 182.2 Increase funds to reflect an adjustment in telecommunications expenses. $584,819 $584,819 $584,819 State General Funds $67,961 $67,961 182.3 Reduce funds for operations ($173,342), contracts ($266,434), and computer charges ($228,981). $235,032 State General Funds Medical Assistance Program CFDA93.778 ($668,757) ($264,304) ($668,757) ($264,304) ($668,757) ($264,304) THURSDAY, FEBRUARY 23, 2012 719 Total Public Funds: ($933,061) ($933,061) ($933,061) 182.4 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,197,274) ($3,197,274) ($3,197,274) 182.100-Departmental Administration Appropriation (HB 741) 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 $34,650,934 $34,650,934 $34,818,005 State General Funds $34,650,934 $34,650,934 $34,818,005 TOTAL FEDERAL FUNDS $46,082,541 $46,082,541 $46,082,541 Federal Funds Not Itemized $23,580,352 $23,580,352 $23,580,352 CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 $1,118,705 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $92,976 $92,976 $92,976 Foster Care Title IV-E CFDA93.658 $5,697,821 $5,697,821 $5,697,821 Low-Income Home Energy Assistance CFDA93.568 $200,000 $200,000 $200,000 Medical Assistance Program CFDA93.778 $4,548,902 $4,548,902 $4,548,902 Social Services Block Grant CFDA93.667 $2,539,375 $2,539,375 $2,539,375 Temporary Assistance for Needy Families $8,095,249 $8,095,249 $8,095,249 Temporary Assistance for Needy Families Grant CFDA93.558 $8,095,249 $8,095,249 $8,095,249 TOTAL AGENCY FUNDS $15,288,067 $15,288,067 $15,288,067 Sales and Services $15,288,067 $15,288,067 $15,288,067 Sales and Services Not Itemized $15,288,067 $15,288,067 $15,288,067 TOTAL PUBLIC FUNDS $96,021,542 $96,021,542 $96,188,613 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. 720 JOURNAL OF THE SENATE TOTAL STATE FUNDS $12,287,841 $12,287,841 $12,287,841 State General Funds $12,287,841 $12,287,841 $12,287,841 TOTAL FEDERAL FUNDS $3,573,433 $3,573,433 $3,573,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $500,000 $500,000 $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 $17,472,794 $17,472,794 $17,472,794 184.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 184.2 Increase funds to reflect an adjustment in telecommunications expenses. $189,503 $189,503 $189,503 State General Funds $36,922 $36,922 $127,689 184.100 -Elder Abuse Investigations and Prevention Appropriation (HB 741) The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS $12,514,266 $12,514,266 $12,605,033 State General Funds $12,514,266 $12,514,266 $12,605,033 TOTAL FEDERAL FUNDS $3,573,433 $3,573,433 $3,573,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $500,000 $500,000 $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 $17,699,219 $17,699,219 $17,789,986 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. THURSDAY, FEBRUARY 23, 2012 721 TOTAL STATE FUNDS $71,474,920 $71,474,920 $71,474,920 State General Funds $66,401,043 $66,401,043 $66,401,043 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 $112,910,244 $112,910,244 $112,910,244 185.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 185.2 Increase funds to reflect an adjustment in telecommunications expenses. $8,578 $8,578 $8,578 State General Funds $2,253 $2,253 $2,253 185.100-Elder Community Living Services Appropriation (HB 741) The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $71,485,751 $71,485,751 $71,485,751 State General Funds $66,411,874 $66,411,874 $66,411,874 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 $112,921,075 $112,921,075 $112,921,075 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 $2,847,024 $1,729,095 $1,117,929 $2,847,024 $1,729,095 $1,117,929 $2,847,024 $1,729,095 $1,117,929 722 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 186.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,866,268 $5,866,268 $8,713,292 $1,752 $5,866,268 $5,866,268 $8,713,292 $1,752 $5,866,268 $5,866,268 $8,713,292 $1,752 186.100 -Elder Support Services Appropriation (HB 741) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $2,848,776 $2,848,776 $2,848,776 State General Funds $1,730,847 $1,730,847 $1,730,847 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $5,866,268 $5,866,268 $5,866,268 Federal Funds Not Itemized $5,866,268 $5,866,268 $5,866,268 TOTAL PUBLIC FUNDS $8,715,044 $8,715,044 $8,715,044 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 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 187.100 -Energy Assistance Appropriation (HB 741) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. THURSDAY, FEBRUARY 23, 2012 723 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 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 188.1 Replace funds. $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 State General Funds $1,001,049 $1,001,049 $1,001,049 Temporary Assistance for Needy Families Grant CFDA93.558 ($1,001,049) ($1,001,049) ($1,001,049) Total Public Funds: $0 $0 $0 188.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 188.3 Increase funds for sexual assault centers. ($495) ($495) ($495) Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 724 JOURNAL OF THE SENATE 188.100 -Family Violence Services Appropriation (HB 741) 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 $2,656,049 $2,656,049 $2,656,049 State General Funds $2,656,049 $2,656,049 $2,656,049 TOTAL FEDERAL FUNDS $11,330,385 $11,330,385 $11,330,385 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 $9,046,871 $9,046,871 $9,046,871 Temporary Assistance for Needy Families Grant CFDA93.558 $9,046,871 $9,046,871 $9,046,871 TOTAL PUBLIC FUNDS $13,986,434 $13,986,434 $13,986,434 Federal Eligibility Benefit Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 THURSDAY, FEBRUARY 23, 2012 725 189.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 189.2 Increase funds to reflect an adjustment in telecommunications expenses. $2,638,381 $2,638,381 $1,537,733 State General Funds $966,469 $966,469 $2,842,389 189.100 -Federal Eligibility Benefit Services Appropriation (HB 741) 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 $103,508,487 $103,508,487 $104,283,759 State General Funds $103,508,487 $103,508,487 $104,283,759 TOTAL FEDERAL FUNDS $107,518,362 $107,518,362 $107,518,362 Federal Funds Not Itemized $40,633,202 $40,633,202 $40,633,202 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 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 $43,127,713 $43,127,713 $43,127,713 Temporary Assistance for Needy Families $19,628,860 $19,628,860 $19,628,860 Temporary Assistance for Needy Families Grant CFDA93.558 $19,628,860 $19,628,860 $19,628,860 TOTAL AGENCY FUNDS $10,234,164 $10,234,164 $10,234,164 Intergovernmental Transfers $10,221,755 $10,221,755 $10,221,755 Intergovernmental Transfers Not Itemized $10,221,755 $10,221,755 $10,221,755 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $221,261,013 $221,261,013 $222,036,285 Federal Fund Transfers to Other Agencies Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $0 $0 $101,860,320 $0 $0 $101,860,320 $0 $0 $101,860,320 726 JOURNAL OF THE SENATE CCDF Mandatory & Matching Funds CFDA93.596 $1,200,000 $1,200,000 $1,200,000 Child Care & Development Block Grant CFDA93.575 $23,592,746 $23,592,746 $23,592,746 Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 $35,981,142 Temporary Assistance for Needy Families $41,086,432 $41,086,432 $41,086,432 Temporary Assistance for Needy Families Grant CFDA93.558 $41,086,432 $41,086,432 $41,086,432 TOTAL PUBLIC FUNDS $101,860,320 $101,860,320 $101,860,320 190.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($6,444,262) ($6,444,262) ($6,444,262) 190.100-Federal Fund Transfers to Other Agencies Appropriation (HB 741) 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 CCDF Mandatory & Matching Funds CFDA93.596 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 $95,416,058 $1,200,000 $23,592,746 $35,981,142 $34,642,170 $34,642,170 $95,416,058 $95,416,058 $1,200,000 $23,592,746 $35,981,142 $34,642,170 $34,642,170 $95,416,058 $95,416,058 $1,200,000 $23,592,746 $35,981,142 $34,642,170 $34,642,170 $95,416,058 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 191.1 Reduce funds. TANF Unobligated Balance per 42 USC 604 $0 $0 $8,705,939 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 $8,705,939 ($8,705,939) ($8,705,939) ($8,705,939) THURSDAY, FEBRUARY 23, 2012 727 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 193.1 Increase funds for out-of-home care utilization. $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 State General Funds $3,896,572 $3,438,055 $3,438,055 Foster Care Title IV-E CFDA93.658 $1,079,581 $1,079,581 $1,079,581 Total Public Funds: $4,976,153 $4,517,636 $4,517,636 193.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,021,099) ($2,562,582) ($2,562,582) 193.100 -Out of Home Care Appropriation (HB 741) 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 $63,473,942 $63,015,425 $63,015,425 State General Funds $63,473,942 $63,015,425 $63,015,425 TOTAL FEDERAL FUNDS $130,987,659 $131,446,176 $131,446,176 Federal Funds Not Itemized $56,305 $56,305 $56,305 Foster Care Title IV-E CFDA93.658 $35,207,354 $35,207,354 $35,207,354 Temporary Assistance for Needy Families $95,724,000 $96,182,517 $96,182,517 Temporary Assistance for Needy Families Grant CFDA93.558 $95,724,000 $96,182,517 $96,182,517 TOTAL PUBLIC FUNDS $194,461,601 $194,461,601 $194,461,601 728 JOURNAL OF THE SENATE 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 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 194.100 -Refugee Assistance Appropriation (HB 741) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 Support for Needy Families - Basic Assistance Continuation Budget The purpose of this appropriation is to provide cash assistance to needy families in compliance with Georgia's state plan for the federal Temporary Assistance for Needy Families program. TOTAL STATE FUNDS $100,000 $100,000 $100,000 State General Funds $100,000 $100,000 $100,000 TOTAL FEDERAL FUNDS $52,400,415 $52,400,415 $52,400,415 Temporary Assistance for Needy Families $42,848,815 $42,848,815 $42,848,815 Temporary Assistance for Needy Families Grant CFDA93.558 $42,848,815 $42,848,815 $42,848,815 TANF Unobligated Balance per 42 USC 604 $9,551,600 $9,551,600 $9,551,600 TOTAL PUBLIC FUNDS $52,500,415 $52,500,415 $52,500,415 196.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,018,054) ($1,018,054) ($1,018,054) THURSDAY, FEBRUARY 23, 2012 729 196.100 -Support for Needy Families - Basic Assistance Appropriation (HB 741) 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 $51,382,361 $51,382,361 $51,382,361 Temporary Assistance for Needy Families $41,830,761 $41,830,761 $41,830,761 Temporary Assistance for Needy Families Grant CFDA93.558 $41,830,761 $41,830,761 $41,830,761 TANF Unobligated Balance per 42 USC 604 $9,551,600 $9,551,600 $9,551,600 TOTAL PUBLIC FUNDS $51,482,361 $51,482,361 $51,482,361 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 $0 $0 $0 State General Funds $0 $0 $0 TOTAL FEDERAL FUNDS $21,758,483 $21,758,483 $21,758,483 Federal Funds Not Itemized $362,173 $362,173 $362,173 Temporary Assistance for Needy Families $21,396,310 $21,396,310 $21,396,310 Temporary Assistance for Needy Families Grant CFDA93.558 $21,396,310 $21,396,310 $21,396,310 TOTAL PUBLIC FUNDS $21,758,483 $21,758,483 $21,758,483 197.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($33,000) ($33,000) ($33,000) 197.100 -Support for Needy Families - Work Assistance Appropriation (HB 741) 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 FEDERAL FUNDS Federal Funds Not Itemized $21,725,483 $362,173 $21,725,483 $362,173 $21,725,483 $362,173 730 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $21,363,310 $21,363,310 $21,725,483 $21,363,310 $21,363,310 $21,725,483 $21,363,310 $21,363,310 $21,725,483 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 $198,052 $198,052 $198,052 State General Funds $198,052 $198,052 $198,052 TOTAL PUBLIC FUNDS $198,052 $198,052 $198,052 199.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 199.2 Reduce funds for operations. $3,839 $3,839 $3,839 State General Funds 199.3 Reduce funds for contracts. ($1,694) $0 $0 State General Funds ($2,267) $0 $0 199.100 -Council on Aging Appropriation (HB 741) 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 $197,930 $201,891 $201,891 State General Funds $197,930 $201,891 $201,891 TOTAL PUBLIC FUNDS $197,930 $201,891 $201,891 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 $7,992,066 $7,992,066 $1,941,703 $7,992,066 $7,992,066 $1,941,703 $7,992,066 $7,992,066 $1,941,703 THURSDAY, FEBRUARY 23, 2012 731 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS 200.1 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $741,703 $1,200,000 $1,200,000 $9,933,769 $741,703 $1,200,000 $1,200,000 $9,933,769 $741,703 $1,200,000 $1,200,000 $9,933,769 ($159,841) ($159,841) ($319,682) ($159,841) ($159,841) ($319,682) ($159,841) ($159,841) ($319,682) 200.100 -Family Connection Appropriation (HB 741) 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 $7,832,225 $7,832,225 $7,832,225 State General Funds $7,832,225 $7,832,225 $7,832,225 TOTAL FEDERAL FUNDS $1,781,862 $1,781,862 $1,781,862 Medical Assistance Program CFDA93.778 $581,862 $581,862 $581,862 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 $9,614,087 $9,614,087 $9,614,087 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 standard of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standard of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standard of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standard of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standard of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standard of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standard of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standard of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standard of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standard of need is $804, and the maximum monthly amount is $530. 732 JOURNAL OF THE SENATE For an assistance group of eleven, the standard 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $16,123,050 $16,123,050 $16,123,050 $16,123,050 $1,958,414 $1,958,414 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $18,178,696 $18,178,696 $16,123,050 $16,123,050 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,178,696 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $16,040,389 $16,040,389 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,096,035 $16,040,389 $16,040,389 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,096,035 $16,040,389 $16,040,389 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,096,035 THURSDAY, FEBRUARY 23, 2012 733 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 $1,647,774 $1,647,774 $1,647,774 State General Funds $1,647,774 $1,647,774 $1,647,774 TOTAL PUBLIC FUNDS $1,647,774 $1,647,774 $1,647,774 201.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 201.2 Reduce funds to reflect an adjustment in telecommunications expenses. $31,017 $31,017 $31,017 State General Funds ($268) ($268) ($268) 201.100-Departmental Administration Appropriation (HB 741) 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 $1,678,523 $1,678,523 $1,678,523 State General Funds $1,678,523 $1,678,523 $1,678,523 TOTAL PUBLIC FUNDS $1,678,523 $1,678,523 $1,678,523 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 $723,693 $723,693 $723,693 State General Funds $723,693 $723,693 $723,693 TOTAL PUBLIC FUNDS $723,693 $723,693 $723,693 202.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 202.2 Reduce funds to reflect an adjustment in telecommunications expenses. $10,173 $10,173 $10,173 State General Funds ($118) ($118) ($118) 734 JOURNAL OF THE SENATE 202.100 -Enforcement Appropriation (HB 741) 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 $733,748 $733,748 $733,748 State General Funds $733,748 $733,748 $733,748 TOTAL PUBLIC FUNDS $733,748 $733,748 $733,748 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 $3,977,002 $3,977,002 $3,977,002 State General Funds $3,977,002 $3,977,002 $3,977,002 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL AGENCY FUNDS $15,426 $15,426 $15,426 Sales and Services $15,426 $15,426 $15,426 Sales and Services Not Itemized $15,426 $15,426 $15,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,806 $81,806 $81,806 State Funds Transfers $81,806 $81,806 $81,806 Agency to Agency Contracts $81,806 $81,806 $81,806 TOTAL PUBLIC FUNDS $5,028,789 $5,028,789 $5,028,789 203.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 203.2 Reduce funds to reflect an adjustment in telecommunications expenses. $61,094 $61,094 $61,094 State General Funds ($646) ($646) ($646) 203.100-Fire Safety Appropriation (HB 741) 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 THURSDAY, FEBRUARY 23, 2012 735 rules for public buildings and manufactured housing, and regulating the storage, transportation, and handling of hazardous materials. TOTAL STATE FUNDS $4,037,450 $4,037,450 $4,037,450 State General Funds $4,037,450 $4,037,450 $4,037,450 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 TOTAL AGENCY FUNDS $15,426 $15,426 $15,426 Sales and Services $15,426 $15,426 $15,426 Sales and Services Not Itemized $15,426 $15,426 $15,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,806 $81,806 $81,806 State Funds Transfers $81,806 $81,806 $81,806 Agency to Agency Contracts $81,806 $81,806 $81,806 TOTAL PUBLIC FUNDS $5,089,237 $5,089,237 $5,089,237 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 $628,338 $628,338 $628,338 State General Funds $628,338 $628,338 $628,338 TOTAL PUBLIC FUNDS $628,338 $628,338 $628,338 204.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 204.2 Reduce funds to reflect an adjustment in telecommunications expenses. $9,395 $9,395 $9,395 State General Funds ($102) ($102) ($102) 204.100 -Industrial Loan Appropriation (HB 741) 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 $637,631 $637,631 $637,631 State General Funds $637,631 $637,631 $637,631 TOTAL PUBLIC FUNDS $637,631 $637,631 $637,631 736 JOURNAL OF THE SENATE 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 $5,210,480 $5,210,480 $5,210,480 State General Funds $5,210,480 $5,210,480 $5,210,480 TOTAL FEDERAL FUNDS $1,003,859 $1,003,859 $1,003,859 Federal Funds Not Itemized $1,003,859 $1,003,859 $1,003,859 TOTAL PUBLIC FUNDS $6,214,339 $6,214,339 $6,214,339 205.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $83,569 $83,569 $83,569 205.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 205.3 Reduce funds for personnel by eliminating two vacant positions. State General Funds 205.4 Reduce one-time funds for computer upgrades. ($846) ($101,450) ($846) $0 ($846) $0 State General Funds 205.5 Reduce funds for personnel. ($222,461) ($222,461) ($222,461) State General Funds ($101,450) ($101,450) 205.100 -Insurance Regulation Appropriation (HB 741) 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 $4,969,292 $4,969,292 $4,969,292 State General Funds $4,969,292 $4,969,292 $4,969,292 TOTAL FEDERAL FUNDS $1,003,859 $1,003,859 $1,003,859 Federal Funds Not Itemized $1,003,859 $1,003,859 $1,003,859 TOTAL PUBLIC FUNDS $5,973,151 $5,973,151 $5,973,151 THURSDAY, FEBRUARY 23, 2012 737 Special Fraud Continuation Budget The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,935,763 $3,935,763 $3,935,763 State General Funds $3,935,763 $3,935,763 $3,935,763 TOTAL PUBLIC FUNDS $3,935,763 $3,935,763 $3,935,763 206.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 206.2 Reduce funds to reflect an adjustment in telecommunications expenses. $48,621 $48,621 $48,621 State General Funds ($639) ($639) ($639) 206.100 -Special Fraud Appropriation (HB 741) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,983,745 $3,983,745 $3,983,745 State General Funds $3,983,745 $3,983,745 $3,983,745 TOTAL PUBLIC FUNDS $3,983,745 $3,983,745 $3,983,745 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $63,188,521 $63,188,521 $63,188,521 $63,188,521 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $19,903,129 $19,903,129 $19,003,129 $19,003,129 $19,003,129 $19,003,129 $900,000 $900,000 $900,000 $900,000 $110,239,711 $110,239,711 $63,188,521 $63,188,521 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $19,003,129 $900,000 $900,000 $110,239,711 TOTAL STATE FUNDS State General Funds Section Total - Final $63,617,815 $63,617,815 $64,634,817 $64,634,817 $64,634,817 $64,634,817 738 JOURNAL OF THE SENATE 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 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $19,003,129 $900,000 $900,000 $110,669,005 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $19,003,129 $900,000 $900,000 $111,686,007 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $19,003,129 $900,000 $900,000 $111,686,007 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 $7,687,111 $7,687,111 $7,687,111 State General Funds $7,687,111 $7,687,111 $7,687,111 TOTAL FEDERAL FUNDS $30,000 $30,000 $30,000 Federal Funds Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $7,717,111 $7,717,111 $7,717,111 207.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $69,041 $69,041 $69,041 207.2 Reduce funds to reflect an adjustment in telecommunications expenses. (H and S:Increase funds to reflect an adjustment in telecommunications expenses) State General Funds ($278,683) $564,534 $564,534 207.100-Bureau Administration Appropriation (HB 741) 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 $7,477,469 $8,320,686 $8,320,686 State General Funds $7,477,469 $8,320,686 $8,320,686 TOTAL FEDERAL FUNDS $30,000 $30,000 $30,000 Federal Funds Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $7,507,469 $8,350,686 $8,350,686 THURSDAY, FEBRUARY 23, 2012 739 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 $6,978,273 $6,978,273 $6,978,273 State General Funds $6,978,273 $6,978,273 $6,978,273 TOTAL FEDERAL FUNDS $181,425 $181,425 $181,425 Federal Funds Not Itemized $181,425 $181,425 $181,425 TOTAL AGENCY FUNDS $2,990,304 $2,990,304 $2,990,304 Sales and Services $2,990,304 $2,990,304 $2,990,304 Sales and Services Not Itemized $2,990,304 $2,990,304 $2,990,304 TOTAL PUBLIC FUNDS $10,150,002 $10,150,002 $10,150,002 208.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $69,170 $69,170 $69,170 208.100-Criminal Justice Information Services Appropriation (HB 741) 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 $7,047,443 $7,047,443 $7,047,443 State General Funds $7,047,443 $7,047,443 $7,047,443 TOTAL FEDERAL FUNDS $181,425 $181,425 $181,425 Federal Funds Not Itemized $181,425 $181,425 $181,425 TOTAL AGENCY FUNDS $2,990,304 $2,990,304 $2,990,304 Sales and Services $2,990,304 $2,990,304 $2,990,304 Sales and Services Not Itemized $2,990,304 $2,990,304 $2,990,304 TOTAL PUBLIC FUNDS $10,219,172 $10,219,172 $10,219,172 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, 740 JOURNAL OF THE SENATE 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 $22,260,252 $22,260,252 $22,260,252 State General Funds $22,260,252 $22,260,252 $22,260,252 TOTAL FEDERAL FUNDS $81,131 $81,131 $81,131 Federal Funds Not Itemized $81,131 $81,131 $81,131 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 $22,499,248 $22,499,248 $22,499,248 209.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $342,985 $342,985 $342,985 209.100 -Forensic Scientific Services Appropriation (HB 741) 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 $22,603,237 $22,603,237 $22,603,237 State General Funds $22,603,237 $22,603,237 $22,603,237 TOTAL FEDERAL FUNDS $81,131 $81,131 $81,131 Federal Funds Not Itemized $81,131 $81,131 $81,131 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 $22,842,233 $22,842,233 $22,842,233 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. THURSDAY, FEBRUARY 23, 2012 741 TOTAL STATE FUNDS $25,918,538 $25,918,538 $25,918,538 State General Funds $25,918,538 $25,918,538 $25,918,538 TOTAL FEDERAL FUNDS $1,240,883 $1,240,883 $1,240,883 Federal Funds Not Itemized $1,240,883 $1,240,883 $1,240,883 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 PUBLIC FUNDS $27,364,103 $27,364,103 $27,364,103 210.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 210.2 Reduce funds for three agent positions due to attrition. State General Funds $397,588 ($173,785) $397,588 $0 $397,588 $0 210.100 -Regional Investigative Services Appropriation (HB 741) 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 $26,142,341 $26,316,126 $26,316,126 State General Funds $26,142,341 $26,316,126 $26,316,126 TOTAL FEDERAL FUNDS $1,240,883 $1,240,883 $1,240,883 Federal Funds Not Itemized $1,240,883 $1,240,883 $1,240,883 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 PUBLIC FUNDS $27,587,906 $27,761,691 $27,761,691 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; to provide legal services for domestic violence; and to operate Georgia's Crime Victims' Compensation Program. 742 JOURNAL OF THE SENATE TOTAL STATE FUNDS $344,347 $344,347 $344,347 State General Funds $344,347 $344,347 $344,347 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 $16,550,278 $16,550,278 $16,550,278 Sales and Services $15,650,278 $15,650,278 $15,650,278 Sales and Services Not Itemized $15,650,278 $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 $42,509,247 $42,509,247 $42,509,247 211.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $7,150 $7,150 $7,150 211.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,715 $2,715 $2,715 211.3 Reduce funds for temporary labor contracts. State General Funds ($6,887) ($6,887) ($6,887) 211.100-Criminal Justice Coordinating Council Appropriation (HB 741) 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 STATE FUNDS $347,325 $347,325 $347,325 State General Funds $347,325 $347,325 $347,325 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 $16,550,278 $16,550,278 $16,550,278 Sales and Services $15,650,278 $15,650,278 $15,650,278 Sales and Services Not Itemized $15,650,278 $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 $42,512,225 $42,512,225 $42,512,225 THURSDAY, FEBRUARY 23, 2012 743 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 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 Foster Care Title IV-E CFDA93.658 FF National School Lunch Program CFDA10.555 Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS Section Total - Continuation $285,712,163 $285,712,163 $285,712,163 $285,712,163 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $4,808,833 $4,808,833 $4,808,833 $4,808,833 $1,531,226 $1,531,226 $3,277,607 $3,277,607 $292,122,259 $292,122,259 $285,712,163 $285,712,163 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $4,808,833 $4,808,833 $1,531,226 $3,277,607 $292,122,259 Section Total - Final $289,021,702 $289,021,702 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $5,099,122 $4,808,833 $1,531,226 $3,277,607 $290,289 $290,289 $295,722,087 $289,021,702 $289,021,702 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $5,099,122 $4,808,833 $1,531,226 $3,277,607 $290,289 $290,289 $295,722,087 $289,021,702 $289,021,702 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $5,099,122 $4,808,833 $1,531,226 $3,277,607 $290,289 $290,289 $295,722,087 744 JOURNAL OF THE SENATE Community Non-Secure Commitment Continuation Budget The purpose of this appropriation is to protect the public, hold youth accountable for their actions, 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 $28,242,669 $28,242,669 $28,242,669 State General Funds $28,242,669 $28,242,669 $28,242,669 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,373,480 $1,373,480 $1,373,480 Federal Funds Transfers $1,373,480 $1,373,480 $1,373,480 FF Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 TOTAL PUBLIC FUNDS $29,616,149 $29,616,149 $29,616,149 212.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 212.2 Increase funds to reflect program expenditures. $34,948 $34,948 $34,948 State General Funds $1,937,059 $1,937,059 $1,937,059 212.3 Increase funds for 50 non-secure residential beds effective January 1, 2012. (H and S:Increase funds to provide 50 non-secure beds at the Savannah River Challenge wilderness program) State General Funds $1,368,750 212.4 Increase funds for 60 new Evening Reporting Centers effective January 1, 2012. $1,368,750 $1,368,750 State General Funds $288,000 $288,000 $288,000 212.100-Community Non-Secure Commitment Appropriation (HB 741) 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 $31,871,426 $31,871,426 $31,871,426 State General Funds $31,871,426 $31,871,426 $31,871,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,373,480 $1,373,480 $1,373,480 Federal Funds Transfers $1,373,480 $1,373,480 $1,373,480 THURSDAY, FEBRUARY 23, 2012 745 FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $1,373,480 $33,244,906 $1,373,480 $33,244,906 $1,373,480 $33,244,906 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 $56,348,348 $56,348,348 $56,348,348 State General Funds $56,348,348 $56,348,348 $56,348,348 TOTAL PUBLIC FUNDS $56,348,348 $56,348,348 $56,348,348 213.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $759,627 $759,627 $759,627 213.2 Reduce funds for one full-time position due to reorganization. State General Funds 213.3 Reduce funds for motor vehicles. ($52,160) ($52,160) ($52,160) State General Funds ($130,543) ($130,543) 213.4 Reduce funds for one full-time quality assurance specialist position due to workload realignment. ($130,543) State General Funds 213.5 Reduce funds for one-time personnel savings. ($39,520) ($39,520) ($39,520) State General Funds ($2,016,580) ($2,016,580) ($2,016,580) 213.6 Reduce funds due to consolidation of six High Intensity Supervision (HITS) units based on caseload and eliminate 24 full-time positions. State General Funds ($424,327) ($424,327) ($424,327) 213.7 Replace funds with Targeted Case Management funds. State General Funds ($290,289) ($290,289) ($290,289) FFID Medical Assistance Program CFDA93.778 $290,289 $290,289 $290,289 Total Public Funds: $0 $0 $0 213.8 Reduce funds for two contracted eligibility specialist positions due to current workload. State General Funds 213.9 Reduce funds to reflect program expenditures. State General Funds ($48,000) ($128,313) ($48,000) ($128,313) ($48,000) ($128,313) 746 JOURNAL OF THE SENATE 213.100 -Community Supervision Appropriation (HB 741) 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 $53,978,243 $53,978,243 $53,978,243 State General Funds $53,978,243 $53,978,243 $53,978,243 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $290,289 $290,289 $290,289 Federal Funds Indirect $290,289 $290,289 $290,289 FFID Medical Assistance Program CFDA93.778 $290,289 $290,289 $290,289 TOTAL PUBLIC FUNDS $54,268,532 $54,268,532 $54,268,532 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 $26,866,077 $26,866,077 $26,866,077 State General Funds $26,866,077 $26,866,077 $26,866,077 TOTAL FEDERAL FUNDS $376,837 $376,837 $376,837 Federal Funds Not Itemized $376,837 $376,837 $376,837 TOTAL AGENCY FUNDS $15,299 $15,299 $15,299 Sales and Services $15,299 $15,299 $15,299 Sales and Services Not Itemized $15,299 $15,299 $15,299 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $157,746 $157,746 $157,746 Federal Funds Transfers $157,746 $157,746 $157,746 FF Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 TOTAL PUBLIC FUNDS $27,415,959 $27,415,959 $27,415,959 214.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 214.2 Reduce funds to reflect an adjustment in telecommunications expenses. $248,588 $248,588 $248,588 State General Funds ($112,878) ($112,878) 214.3 Reduce funds for three full-time and three part-time positions due to workload realignment. ($112,878) State General Funds ($141,701) ($141,701) ($141,701) THURSDAY, FEBRUARY 23, 2012 747 214.4 Reduce funds for training costs due to technological efficiencies. State General Funds 214.5 Reduce funds for one-time personnel savings. State General Funds 214.6 Reduce funds for motor vehicles. State General Funds 214.7 Reduce funds for operations due to telecommunication cost efficiencies. State General Funds 214.8 Increase funds to reflect projected expenditures. State General Funds ($70,000) ($196,701) ($63,000) ($500,000) $208,109 ($70,000) ($196,701) ($63,000) ($500,000) $208,109 ($70,000) ($196,701) ($63,000) ($500,000) $208,109 214.100-Departmental Administration Appropriation (HB 741) 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 $26,238,494 $26,238,494 $26,238,494 State General Funds $26,238,494 $26,238,494 $26,238,494 TOTAL FEDERAL FUNDS $376,837 $376,837 $376,837 Federal Funds Not Itemized $376,837 $376,837 $376,837 TOTAL AGENCY FUNDS $15,299 $15,299 $15,299 Sales and Services $15,299 $15,299 $15,299 Sales and Services Not Itemized $15,299 $15,299 $15,299 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $157,746 $157,746 $157,746 Federal Funds Transfers $157,746 $157,746 $157,746 FF Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 TOTAL PUBLIC FUNDS $26,788,376 $26,788,376 $26,788,376 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. 748 JOURNAL OF THE SENATE TOTAL STATE FUNDS $70,668,678 $70,668,678 $70,668,678 State General Funds $70,668,678 $70,668,678 $70,668,678 TOTAL FEDERAL FUNDS $1,089,360 $1,089,360 $1,089,360 Federal Funds Not Itemized $1,089,360 $1,089,360 $1,089,360 TOTAL AGENCY FUNDS $18,812 $18,812 $18,812 Sales and Services $18,812 $18,812 $18,812 Sales and Services Not Itemized $18,812 $18,812 $18,812 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,448,759 $1,448,759 $1,448,759 Federal Funds Transfers $1,448,759 $1,448,759 $1,448,759 FF National School Lunch Program CFDA10.555 $1,448,759 $1,448,759 $1,448,759 TOTAL PUBLIC FUNDS $73,225,609 $73,225,609 $73,225,609 215.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $810,758 $810,758 $810,758 215.2 Reduce funds for four full-time and 16 part-time educational support positions to maintain required staff ratio. State General Funds ($219,688) ($219,688) 215.3 Reduce funds for ten full-time and six part-time clerical positions due to technological efficiencies. ($219,688) State General Funds 215.4 Reduce funds for six full-time positions based on workload realignment. ($33,693) ($33,693) ($33,693) State General Funds ($229,111) ($229,111) ($229,111) 215.5 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Departmental Administration, Community Non-Secure Commitment, and Secure Commitment (YDCs) programs to align budget to projected expenditures. State General Funds 215.6 Reduce funds for motor vehicles. $729,400 $729,400 $729,400 State General Funds 215.7 Reduce funds for one-time personnel savings. ($84,803) ($84,803) ($84,803) State General Funds ($200,000) ($200,000) 215.8 Increase funds for two Security Management and Response Teams (SMART) effective February 1, 2012. ($200,000) State General Funds 215.9 Increase funds for operations to open the Atlanta YDC. $531,184 $531,184 $531,184 State General Funds $3,352,228 $3,352,228 $3,352,228 THURSDAY, FEBRUARY 23, 2012 749 215.100 -Secure Commitment (YDCs) Appropriation (HB 741) 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 $75,324,953 $75,324,953 $75,324,953 State General Funds $75,324,953 $75,324,953 $75,324,953 TOTAL FEDERAL FUNDS $1,089,360 $1,089,360 $1,089,360 Federal Funds Not Itemized $1,089,360 $1,089,360 $1,089,360 TOTAL AGENCY FUNDS $18,812 $18,812 $18,812 Sales and Services $18,812 $18,812 $18,812 Sales and Services Not Itemized $18,812 $18,812 $18,812 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,448,759 $1,448,759 $1,448,759 Federal Funds Transfers $1,448,759 $1,448,759 $1,448,759 FF National School Lunch Program CFDA10.555 $1,448,759 $1,448,759 $1,448,759 TOTAL PUBLIC FUNDS $77,881,884 $77,881,884 $77,881,884 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 $103,586,391 $103,586,391 $103,586,391 State General Funds $103,586,391 $103,586,391 $103,586,391 TOTAL FEDERAL FUNDS $58,758 $58,758 $58,758 Federal Funds Not Itemized $58,758 $58,758 $58,758 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 Sales and Services $42,197 $42,197 $42,197 Sales and Services Not Itemized $42,197 $42,197 $42,197 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,828,848 $1,828,848 $1,828,848 Federal Funds Transfers $1,828,848 $1,828,848 $1,828,848 FF National School Lunch Program CFDA10.555 $1,828,848 $1,828,848 $1,828,848 TOTAL PUBLIC FUNDS $105,516,194 $105,516,194 $105,516,194 216.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 750 JOURNAL OF THE SENATE State General Funds $1,356,964 $1,356,964 $1,356,964 216.2 Reduce funds for four full-time teachers and 16 part-time education support positions to maintain required staff ratios. State General Funds ($106,862) ($106,862) 216.3 Reduce funds for ten full-time and six part-time clerical positions due to technological efficiencies. ($106,862) State General Funds ($85,555) ($85,555) ($85,555) 216.4 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Departmental Administration, Community Non-Secure Commitment, and Secure Commitment (YDCs) programs to align budget to projected expenditures. State General Funds 216.5 Reduce funds for motor vehicles. ($2,746,255) ($2,746,255) ($2,746,255) State General Funds 216.6 Reduce funds for one-time personnel savings. ($65,731) ($65,731) ($65,731) State General Funds ($330,366) ($330,366) ($330,366) 216.100 -Secure Detention (RYDCs) Appropriation (HB 741) 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 $101,608,586 $101,608,586 $101,608,586 State General Funds $101,608,586 $101,608,586 $101,608,586 TOTAL FEDERAL FUNDS $58,758 $58,758 $58,758 Federal Funds Not Itemized $58,758 $58,758 $58,758 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 Sales and Services $42,197 $42,197 $42,197 Sales and Services Not Itemized $42,197 $42,197 $42,197 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,828,848 $1,828,848 $1,828,848 Federal Funds Transfers $1,828,848 $1,828,848 $1,828,848 FF National School Lunch Program CFDA10.555 $1,828,848 $1,828,848 $1,828,848 TOTAL PUBLIC FUNDS $103,538,389 $103,538,389 $103,538,389 THURSDAY, FEBRUARY 23, 2012 751 Section 31: Labor, Department of 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 Section Total - Continuation $37,724,399 $37,724,399 $37,724,399 $37,724,399 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $31,663,664 $31,663,664 $729,513 $729,513 $729,513 $729,513 $140,273 $140,273 $140,273 $140,273 $30,793,878 $30,793,878 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $414,833,371 $414,833,371 $37,724,399 $37,724,399 $345,440,508 $345,440,508 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $414,833,371 Section Total - Final $37,568,614 $37,568,614 $255,588,336 $255,588,336 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $37,568,614 $37,568,614 $255,588,336 $255,588,336 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $37,568,614 $37,568,614 $255,588,336 $255,588,336 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 752 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $324,825,414 $324,825,414 $324,825,414 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 $290,261 $290,261 $290,261 State General Funds $290,261 $290,261 $290,261 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 $2,256,346 $2,256,346 $2,256,346 217.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 217.2 Increase funds to reflect an adjustment in telecommunications expenses. $2,096 $2,096 $2,096 State General Funds 217.3 Reduce funds for computer charges to reflect projected expenditures. $139 $139 $139 State General Funds ($28,000) ($28,000) ($28,000) 217.100 -Business Enterprise Program Appropriation (HB 741) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $264,496 $264,496 $264,496 State General Funds $264,496 $264,496 $264,496 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 $2,230,581 $2,230,581 $2,230,581 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 $1,781,557 $1,781,557 $37,923,936 $1,781,557 $1,781,557 $37,923,936 $1,781,557 $1,781,557 $37,923,936 THURSDAY, FEBRUARY 23, 2012 753 Federal Funds Not Itemized $37,923,936 $37,923,936 $37,923,936 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $39,845,766 $39,845,766 $39,845,766 218.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 218.2 Increase funds to reflect an adjustment in telecommunications expenses. $23,054 $23,054 $23,054 State General Funds $851 $851 $851 218.3 Reduce federal funds to reflect projected expenditures for implementation of the Workforce Investment Act. Federal Funds Not Itemized ($6,611,644) ($6,611,644) ($6,611,644) 218.100 -Department of Labor Administration Appropriation (HB 741) 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 $1,805,462 $1,805,462 $1,805,462 State General Funds $1,805,462 $1,805,462 $1,805,462 TOTAL FEDERAL FUNDS $31,312,292 $31,312,292 $31,312,292 Federal Funds Not Itemized $31,312,292 $31,312,292 $31,312,292 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $33,258,027 $33,258,027 $33,258,027 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 $55,598,820 754 JOURNAL OF THE SENATE 219.100 -Disability Adjudication Section Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $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 $1,501,585 $1,501,585 $1,501,585 State General Funds $1,501,585 $1,501,585 $1,501,585 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 $4,415,103 $4,415,103 $4,415,103 220.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 220.2 Increase funds to reflect an adjustment in telecommunications expenses. $9,428 $9,428 $9,428 State General Funds $717 $717 $717 220.100 -Division of Rehabilitation Administration Appropriation (HB 741) 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 $1,511,730 $1,511,730 $1,511,730 State General Funds $1,511,730 $1,511,730 $1,511,730 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 $4,425,248 $4,425,248 $4,425,248 THURSDAY, FEBRUARY 23, 2012 755 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 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 221.100-Georgia Industries for the Blind Appropriation (HB 741) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 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 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 756 JOURNAL OF THE SENATE 222.100 -Labor Market Information Appropriation (HB 741) The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $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 $5,349,131 $5,349,131 $5,349,131 State General Funds $5,349,131 $5,349,131 $5,349,131 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 $31,231,507 $31,231,507 $31,231,507 223.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 223.2 Increase funds to reflect an adjustment in telecommunications expenses. $81,453 $81,453 $81,453 State General Funds $2,556 $2,556 $2,556 223.100-Roosevelt Warm Springs Institute Appropriation (HB 741) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,433,140 $5,433,140 $5,433,140 State General Funds $5,433,140 $5,433,140 $5,433,140 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 THURSDAY, FEBRUARY 23, 2012 757 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 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,315,516 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,315,516 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,315,516 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 $3,237,422 $3,237,422 $3,237,422 State General Funds $3,237,422 $3,237,422 $3,237,422 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,405,974 $3,405,974 $3,405,974 224.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 224.2 Increase funds to reflect an adjustment in telecommunications expenses. $41,418 $41,418 $41,418 State General Funds $1,547 $1,547 $1,547 224.100 -Safety Inspections Appropriation (HB 741) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $3,280,387 $3,280,387 $3,280,387 State General Funds $3,280,387 $3,280,387 $3,280,387 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,448,939 $3,448,939 $3,448,939 758 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 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 225.100-Unemployment Insurance Appropriation (HB 741) 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 $5,789,691 $5,789,691 $5,789,691 State General Funds $5,789,691 $5,789,691 $5,789,691 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 $54,962,877 $54,962,877 $54,962,877 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 $13,227,143 $13,227,143 $13,227,143 State General Funds $13,227,143 $13,227,143 $13,227,143 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 $79,700,512 $79,700,512 $79,700,512 226.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $131,375 $131,375 $131,375 THURSDAY, FEBRUARY 23, 2012 759 226.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 226.3 Reduce funds for personnel. State General Funds 226.4 Reduce funds for specialized service contracts. State General Funds $9,086 ($180,159) ($291,952) $9,086 ($180,159) ($291,952) $9,086 ($180,159) ($291,952) 226.100 -Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $12,895,493 State General Funds $12,895,493 TOTAL FEDERAL FUNDS $65,667,153 Federal Funds Not Itemized $65,667,153 TOTAL AGENCY FUNDS $806,216 Sales and Services $806,216 Sales and Services Not Itemized $806,216 TOTAL PUBLIC FUNDS $79,368,862 Appropriation (HB 741) $12,895,493 $12,895,493 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,368,862 $12,895,493 $12,895,493 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,368,862 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 $6,547,609 $6,547,609 $6,547,609 State General Funds $6,547,609 $6,547,609 $6,547,609 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 $129,337,705 $129,337,705 $129,337,705 227.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 227.2 Increase funds to reflect an adjustment in telecommunications expenses. $37,478 $37,478 $37,478 State General Funds $3,128 $3,128 $3,128 760 JOURNAL OF THE SENATE 227.3 Reduce funds to reflect projected expenditures for implementation of the Workforce Investment Act and transfer $68,165,067 from the Georgia Department of Labor to the Governor's Office of Workforce Development. Federal Funds Not Itemized ($83,240,528) ($83,240,528) ($83,240,528) 227.100-Workforce Development Appropriation (HB 741) 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 $6,588,215 $6,588,215 $6,588,215 State General Funds $6,588,215 $6,588,215 $6,588,215 TOTAL FEDERAL FUNDS $39,549,568 $39,549,568 $39,549,568 Federal Funds Not Itemized $39,549,568 $39,549,568 $39,549,568 TOTAL PUBLIC FUNDS $46,137,783 $46,137,783 $46,137,783 Section 32: Law, Department of 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 Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Continuation $17,756,917 $17,756,917 $17,756,917 $17,756,917 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $37,105,382 $37,105,382 $788,308 $788,308 $34,350,000 $34,350,000 $1,967,074 $1,967,074 $58,732,340 $58,732,340 Section Total - Final $18,212,067 $18,212,067 $3,597,990 $18,239,867 $18,239,867 $3,597,990 $17,756,917 $17,756,917 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $58,732,340 $18,205,167 $18,205,167 $3,597,990 THURSDAY, FEBRUARY 23, 2012 761 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,187,490 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,215,290 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,180,590 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 $16,657,075 $16,657,075 $16,657,075 State General Funds $16,657,075 $16,657,075 $16,657,075 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 $37,105,382 $37,105,382 $37,105,382 State Funds Transfers $37,105,382 $37,105,382 $37,105,382 Agency to Agency Contracts $788,308 $788,308 $788,308 Legal Services - Client Reimbursable per OCGA45-15-4 $34,350,000 $34,350,000 $34,350,000 Legal Services - Dept. of Administrative Services Cases $1,967,074 $1,967,074 $1,967,074 TOTAL PUBLIC FUNDS $54,032,397 $54,032,397 $54,032,397 228.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 228.2 Increase funds to reflect an adjustment in telecommunications expenses. $312,356 $312,356 $312,356 State General Funds $30,674 $30,674 $30,674 228.3 Increase funds for two time-limited attorney positions to handle the backlog of cases pertaining to Atlanta Public Schools. 762 JOURNAL OF THE SENATE State General Funds 228.4 Increase funds for one position effective January 1, 2012. State General Funds $51,320 $52,500 $51,320 $80,300 $51,320 $45,600 228.100 -Law, Department of Appropriation (HB 741) 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 $17,103,925 $17,131,725 $17,097,025 State General Funds $17,103,925 $17,131,725 $17,097,025 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 $37,105,382 $37,105,382 $37,105,382 State Funds Transfers $37,105,382 $37,105,382 $37,105,382 Agency to Agency Contracts $788,308 $788,308 $788,308 Legal Services - Client Reimbursable per OCGA45-15-4 $34,350,000 $34,350,000 $34,350,000 Legal Services - Dept. of Administrative Services Cases $1,967,074 $1,967,074 $1,967,074 TOTAL PUBLIC FUNDS $54,479,247 $54,507,047 $54,472,347 Medicaid Fraud Control 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 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 THURSDAY, FEBRUARY 23, 2012 763 229.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 229.2 Increase funds to reflect an adjustment in telecommunications expenses. $6,313 $6,313 $6,313 State General Funds $1,987 $1,987 $1,987 229.100 -Medicaid Fraud Control Unit Appropriation (HB 741) 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 $1,108,142 $1,108,142 $1,108,142 State General Funds $1,108,142 $1,108,142 $1,108,142 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 $4,708,243 $4,708,243 $4,708,243 Section 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Section Total - Continuation $86,544,292 $86,544,292 $86,544,292 $86,544,292 $54,114,156 $54,114,156 $54,102,549 $54,102,549 $11,607 $11,607 $107,822,176 $107,822,176 $964,534 $964,534 $964,534 $964,534 $115,313 $115,313 $115,313 $115,313 $2,485,576 $2,485,576 $2,485,576 $2,485,576 $20,417 $20,417 $86,544,292 $86,544,292 $54,114,156 $54,102,549 $11,607 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 764 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 Section Total - Final TOTAL STATE FUNDS $86,596,913 State General Funds $86,596,913 TOTAL FEDERAL FUNDS $54,114,156 Federal Funds Not Itemized $54,102,549 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 TOTAL AGENCY FUNDS $107,822,176 Contributions, Donations, and Forfeitures $964,534 Contributions, Donations, and Forfeitures Not Itemized $964,534 Reserved Fund Balances $115,313 Reserved Fund Balances Not Itemized $115,313 Intergovernmental Transfers $2,485,576 Intergovernmental Transfers Not Itemized $2,485,576 Rebates, Refunds, and Reimbursements $20,417 Rebates, Refunds, and Reimbursements Not Itemized $20,417 Royalties and Rents $46,703 Royalties and Rents Not Itemized $46,703 Sales and Services $104,189,633 Sales and Services Not Itemized $103,173,505 Specialty License Plate Revenues $1,016,128 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $54,222 State Funds Transfers $54,222 $86,796,580 $86,796,580 $54,114,156 $54,102,549 $11,607 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $86,796,580 $86,796,580 $54,114,156 $54,102,549 $11,607 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 THURSDAY, FEBRUARY 23, 2012 765 Agency to Agency Contracts TOTAL PUBLIC FUNDS $54,222 $54,222 $54,222 $248,587,467 $248,787,134 $248,787,134 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 $2,114,213 $2,114,213 $2,114,213 State General Funds $2,114,213 $2,114,213 $2,114,213 TOTAL FEDERAL FUNDS $4,383,197 $4,383,197 $4,383,197 Federal Funds Not Itemized $4,383,197 $4,383,197 $4,383,197 TOTAL AGENCY FUNDS $197,795 $197,795 $197,795 Contributions, Donations, and Forfeitures $168,467 $168,467 $168,467 Contributions, Donations, and Forfeitures Not Itemized $168,467 $168,467 $168,467 Royalties and Rents $29,328 $29,328 $29,328 Royalties and Rents Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,695,205 $6,695,205 $6,695,205 230.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 230.2 Increase funds to reflect an adjustment in telecommunications expenses. $30,090 $30,090 $30,090 State General Funds 230.3 Reduce funds for personnel. $15,309 $15,309 $15,309 State General Funds ($68,194) ($68,194) ($68,194) 230.4 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($8,375) ($8,375) ($8,375) 766 JOURNAL OF THE SENATE 230.100 -Coastal Resources Appropriation (HB 741) 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 $2,083,043 $2,083,043 $2,083,043 State General Funds $2,083,043 $2,083,043 $2,083,043 TOTAL FEDERAL FUNDS $4,383,197 $4,383,197 $4,383,197 Federal Funds Not Itemized $4,383,197 $4,383,197 $4,383,197 TOTAL AGENCY FUNDS $197,795 $197,795 $197,795 Contributions, Donations, and Forfeitures $168,467 $168,467 $168,467 Contributions, Donations, and Forfeitures Not Itemized $168,467 $168,467 $168,467 Royalties and Rents $29,328 $29,328 $29,328 Royalties and Rents Not Itemized $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,664,035 $6,664,035 $6,664,035 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,223,156 $11,223,156 $11,223,156 State General Funds $11,223,156 $11,223,156 $11,223,156 TOTAL FEDERAL FUNDS $110,000 $110,000 $110,000 Federal Funds Not Itemized $110,000 $110,000 $110,000 TOTAL AGENCY FUNDS $39,065 $39,065 $39,065 Sales and Services $39,065 $39,065 $39,065 Sales and Services Not Itemized $39,065 $39,065 $39,065 TOTAL PUBLIC FUNDS $11,372,221 $11,372,221 $11,372,221 231.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 231.2 Increase funds to reflect an adjustment in telecommunications expenses. $99,787 $99,787 $99,787 State General Funds $81,456 $81,456 $81,456 THURSDAY, FEBRUARY 23, 2012 767 231.3 Reduce funds for personnel to reflect projected expenditures and eliminate one filled position. State General Funds ($53,776) ($53,776) ($53,776) 231.4 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($8,375) ($8,375) ($8,375) 231.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,342,248 $11,342,248 $11,342,248 State General Funds $11,342,248 $11,342,248 $11,342,248 TOTAL FEDERAL FUNDS $110,000 $110,000 $110,000 Federal Funds Not Itemized $110,000 $110,000 $110,000 TOTAL AGENCY FUNDS $39,065 $39,065 $39,065 Sales and Services $39,065 $39,065 $39,065 Sales and Services Not Itemized $39,065 $39,065 $39,065 TOTAL PUBLIC FUNDS $11,491,313 $11,491,313 $11,491,313 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 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $24,773,085 $24,773,085 $32,861,619 $32,861,619 768 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS $57,028,515 $57,028,515 $57,028,515 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 Sales and Services $56,778,515 $56,778,515 $56,778,515 Sales and Services Not Itemized $56,778,515 $56,778,515 $56,778,515 TOTAL PUBLIC FUNDS $114,663,219 $114,663,219 $114,663,219 232.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 232.2 Increase funds to reflect an adjustment in telecommunications expenses. $772,135 $772,135 $772,135 State General Funds $179,384 $179,384 232.3 Reduce funds for personnel to reflect projected expenditures and eliminate two filled positions. $179,384 State General Funds ($495,462) ($495,462) ($495,462) 232.100 -Environmental Protection Appropriation (HB 741) 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 $25,229,142 $25,229,142 $25,229,142 State General Funds $25,229,142 $25,229,142 $25,229,142 TOTAL FEDERAL FUNDS $32,861,619 $32,861,619 $32,861,619 Federal Funds Not Itemized $32,861,619 $32,861,619 $32,861,619 TOTAL AGENCY FUNDS $57,028,515 $57,028,515 $57,028,515 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 Sales and Services $56,778,515 $56,778,515 $56,778,515 THURSDAY, FEBRUARY 23, 2012 769 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $56,778,515 $56,778,515 $56,778,515 $115,119,276 $115,119,276 $115,119,276 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 233.1 Reduce funds for operations. State General Funds $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 ($59,998) ($59,998) ($59,998) 233.100 -Hazardous Waste Trust Fund Appropriation (HB 741) 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 $2,939,882 $2,939,882 $2,939,882 State General Funds $2,939,882 $2,939,882 $2,939,882 TOTAL PUBLIC FUNDS $2,939,882 $2,939,882 $2,939,882 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 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 770 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,406,258 $2,406,258 $2,406,258 234.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 234.2 Increase funds to reflect an adjustment in telecommunications expenses. $30,155 $30,155 $30,155 State General Funds 234.3 Reduce funds for operations. $10,032 $10,032 $10,032 State General Funds ($18,182) ($18,182) 234.4 Reduce funds for personnel to reflect projected expenditures and eliminate one vacant position. ($18,182) State General Funds ($49,189) ($49,189) ($49,189) 234.100 -Historic Preservation Appropriation (HB 741) 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 $1,358,287 $1,358,287 $1,358,287 State General Funds $1,358,287 $1,358,287 $1,358,287 TOTAL FEDERAL FUNDS $1,020,787 $1,020,787 $1,020,787 Federal Funds Not Itemized $1,009,180 $1,009,180 $1,009,180 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 $11,607 TOTAL PUBLIC FUNDS $2,379,074 $2,379,074 $2,379,074 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 Contributions, Donations, and Forfeitures $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 THURSDAY, FEBRUARY 23, 2012 771 Contributions, Donations, and Forfeitures Not Itemized $360,715 $360,715 $360,715 Intergovernmental Transfers $2,232,646 $2,232,646 $2,232,646 Intergovernmental Transfers Not Itemized $2,232,646 $2,232,646 $2,232,646 Sales and Services $38,887,593 $38,887,593 $38,887,593 Sales and Services Not Itemized $38,887,593 $38,887,593 $38,887,593 TOTAL PUBLIC FUNDS $56,472,335 $56,472,335 $56,472,335 235.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 235.2 Increase funds to reflect an adjustment in telecommunications expenses. $88,932 $88,932 $88,932 State General Funds $96,215 $96,215 $96,215 235.3 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($14,656) ($14,656) 235.4 Reduce funds for personnel to reflect projected expenditures and eliminate five filled positions. ($14,656) State General Funds ($267,873) ($267,873) ($267,873) 235.100 -Parks, Recreation and Historic Sites Appropriation (HB 741) 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 $13,189,970 $13,189,970 $13,189,970 State General Funds $13,189,970 $13,189,970 $13,189,970 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 $41,480,954 $41,480,954 $41,480,954 Contributions, Donations, and Forfeitures $360,715 $360,715 $360,715 Contributions, Donations, and Forfeitures Not Itemized $360,715 $360,715 $360,715 Intergovernmental Transfers $2,232,646 $2,232,646 $2,232,646 Intergovernmental Transfers Not Itemized $2,232,646 $2,232,646 $2,232,646 Sales and Services $38,887,593 $38,887,593 $38,887,593 Sales and Services Not Itemized $38,887,593 $38,887,593 $38,887,593 TOTAL PUBLIC FUNDS $56,374,953 $56,374,953 $56,374,953 772 JOURNAL OF THE SENATE 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 $211,893 236.100-Pollution Prevention Assistance Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $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 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 THURSDAY, FEBRUARY 23, 2012 773 237.100 -Solid Waste Trust Fund Appropriation (HB 741) 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 $1,042,075 $1,042,075 $1,042,075 State General Funds $1,042,075 $1,042,075 $1,042,075 TOTAL PUBLIC FUNDS $1,042,075 $1,042,075 $1,042,075 Wildlife Resources Continuation Budget The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft; provide hunter and boating education; license hunters, anglers, and boaters; enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; oversee the acquisition of land and the management of land leases for recreational and conservation purposes; ensure land upon which the state holds an easement remains in the required condition; protect non-game and endangered wildlife; and operate the state's archery and shooting ranges. 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 Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 774 JOURNAL OF THE SENATE Agency to Agency Contracts $54,222 $54,222 $54,222 TOTAL PUBLIC FUNDS $52,646,760 $52,646,760 $52,646,760 238.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 238.2 Increase funds to reflect an adjustment in telecommunications expenses. $419,564 $419,564 $419,564 State General Funds 238.3 Reduce funds and replace state funds with federal funds for operations. $244,278 $244,278 $244,278 State General Funds ($500,148) ($500,148) ($500,148) 238.4 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($35,594) ($35,594) ($35,594) 238.5 Reduce funds for personnel to reflect projected expenditures and eliminate seven filled and five vacant positions. (S:Reduce funds for personnel) State General Funds ($409,894) ($210,227) ($210,227) 238.99 SAC: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. House: 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. Governor: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. State General Funds $0 $0 $0 238.100 -Wildlife Resources Appropriation (HB 741) 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 THURSDAY, FEBRUARY 23, 2012 775 coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS $29,412,266 $29,611,933 $29,611,933 State General Funds $29,412,266 $29,611,933 $29,611,933 TOTAL FEDERAL FUNDS $13,937,944 $13,937,944 $13,937,944 Federal Funds Not Itemized $13,937,944 $13,937,944 $13,937,944 TOTAL AGENCY FUNDS $8,960,534 $8,960,534 $8,960,534 Contributions, Donations, and Forfeitures $435,352 $435,352 $435,352 Contributions, Donations, and Forfeitures Not Itemized $435,352 $435,352 $435,352 Intergovernmental Transfers $2,930 $2,930 $2,930 Intergovernmental Transfers Not Itemized $2,930 $2,930 $2,930 Rebates, Refunds, and Reimbursements $20,417 $20,417 $20,417 Rebates, Refunds, and Reimbursements Not Itemized $20,417 $20,417 $20,417 Royalties and Rents $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 Sales and Services $8,484,460 $8,484,460 $8,484,460 Sales and Services Not Itemized $7,468,332 $7,468,332 $7,468,332 Specialty License Plate Revenues $1,016,128 $1,016,128 $1,016,128 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $54,222 $54,222 $54,222 State Funds Transfers $54,222 $54,222 $54,222 Agency to Agency Contracts $54,222 $54,222 $54,222 TOTAL PUBLIC FUNDS $52,364,966 $52,564,633 $52,564,633 Georgia State Games Commission Continuation Budget The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 239.1 Eliminate funds added in HB78 (FY2012 General). State General Funds $25,000 $25,000 $25,000 ($25,000) $25,000 $25,000 $25,000 ($25,000) $25,000 $25,000 $25,000 ($25,000) 776 JOURNAL OF THE SENATE 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 18 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 18 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 $51,867,417 $51,867,417 $51,867,417 $51,867,417 $806,050 $806,050 $806,050 $806,050 $52,673,467 $52,673,467 $51,867,417 $51,867,417 $806,050 $806,050 $52,673,467 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $52,217,189 $52,217,189 $806,050 $806,050 $53,023,239 $52,217,189 $52,217,189 $806,050 $806,050 $53,023,239 $52,217,189 $52,217,189 $806,050 $806,050 $53,023,239 Board Administration The purpose of this appropriation is to provide administrative support for the agency. Continuation Budget TOTAL STATE FUNDS $4,986,734 $4,986,734 $4,986,734 State General Funds $4,986,734 $4,986,734 $4,986,734 TOTAL PUBLIC FUNDS $4,986,734 $4,986,734 $4,986,734 240.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. THURSDAY, FEBRUARY 23, 2012 777 State General Funds 240.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds $54,461 ($16,931) $54,461 ($16,931) $54,461 ($16,931) 240.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,024,264 State General Funds $5,024,264 TOTAL PUBLIC FUNDS $5,024,264 Appropriation (HB 741) $5,024,264 $5,024,264 $5,024,264 $5,024,264 $5,024,264 $5,024,264 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 $7,207,791 $7,207,791 $7,207,791 State General Funds $7,207,791 $7,207,791 $7,207,791 TOTAL PUBLIC FUNDS $7,207,791 $7,207,791 $7,207,791 241.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 241.2 Reduce funds to reflect an adjustment in telecommunications expenses. $116,287 $116,287 $116,287 State General Funds ($3,526) ($3,526) ($3,526) 241.100 -Clemency Decisions Appropriation (HB 741) 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 $7,320,552 $7,320,552 $7,320,552 State General Funds $7,320,552 $7,320,552 $7,320,552 TOTAL PUBLIC FUNDS $7,320,552 $7,320,552 $7,320,552 778 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 $39,232,439 $39,232,439 $39,232,439 State General Funds $39,232,439 $39,232,439 $39,232,439 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,038,489 $40,038,489 $40,038,489 242.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 242.2 Reduce funds to reflect an adjustment in telecommunications expenses. $589,033 $589,033 $589,033 State General Funds ($21,699) ($21,699) ($21,699) 242.3 Reduce funds by discontinuing the Georgia Association of Chiefs of Police certification ($800) and consolidating a parole office ($7,800). State General Funds 242.4 Reduce funds for contracts. ($8,600) ($8,600) ($8,600) State General Funds 242.5 Reduce funds for personnel to reflect savings from attrition. ($1,482) ($1,482) ($1,482) State General Funds 242.6 Reduce funds for parolee jail subsidy to reflect projected expenditures. ($286,498) ($286,498) ($286,498) State General Funds ($77,637) ($77,637) ($77,637) 242.100 -Parole Supervision Appropriation (HB 741) 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 $39,425,556 $39,425,556 $39,425,556 State General Funds $39,425,556 $39,425,556 $39,425,556 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 THURSDAY, FEBRUARY 23, 2012 779 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $806,050 $40,231,606 $806,050 $40,231,606 $806,050 $40,231,606 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 $440,453 $440,453 $440,453 State General Funds $440,453 $440,453 $440,453 TOTAL PUBLIC FUNDS $440,453 $440,453 $440,453 243.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 243.2 Reduce funds to reflect an adjustment in telecommunications expenses. $6,837 $6,837 $6,837 State General Funds ($473) ($473) ($473) 243.100-Victim Services Appropriation (HB 741) 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 $446,817 $446,817 $446,817 State General Funds $446,817 $446,817 $446,817 TOTAL PUBLIC FUNDS $446,817 $446,817 $446,817 Section 35: Properties Commission, State Section Total - Continuation TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $114,967 $114,967 $114,967 $727,045 $727,045 $114,967 $114,967 $114,967 $727,045 $727,045 $114,967 $114,967 $114,967 $727,045 $727,045 780 JOURNAL OF THE SENATE Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $727,045 $842,012 $727,045 $842,012 $727,045 $842,012 Section Total - Final TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 244.100-Properties Commission, State Appropriation (HB 741) 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. THURSDAY, FEBRUARY 23, 2012 781 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 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 $0 245.1 Reduce funds for payment to the State Treasury by $1,260,137 from $3,256,871 to $1,996,734 to reflect increased costs associated with statewide adjustments. (Total Funds: $1,996,734)(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 Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $38,679,115 $38,679,115 $38,679,115 $38,679,115 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $39,019,115 $39,019,115 $38,679,115 $38,679,115 $340,000 $340,000 $340,000 $39,019,115 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $39,477,682 $39,477,682 $340,000 $340,000 $340,000 $39,817,682 $39,404,504 $39,404,504 $340,000 $340,000 $340,000 $39,744,504 $39,404,504 $39,404,504 $340,000 $340,000 $340,000 $39,744,504 782 JOURNAL OF THE SENATE Public Defender Standards Council Continuation Budget The purpose of this appropriation is to fund the Office of the Georgia Capital Defender, Office of the Mental Health Advocate, and Central Office. TOTAL STATE FUNDS $5,924,096 $5,924,096 $5,924,096 State General Funds $5,924,096 $5,924,096 $5,924,096 TOTAL AGENCY FUNDS $340,000 $340,000 $340,000 Interest and Investment Income $340,000 $340,000 $340,000 Interest and Investment Income Not Itemized $340,000 $340,000 $340,000 TOTAL PUBLIC FUNDS $6,264,096 $6,264,096 $6,264,096 246.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $83,436 $83,436 $83,436 246.2 Increase funds to reflect an adjustment in telecommunications expenses. (H:Reduce funds to reflect an adjustment in telecommunications expenses) State General Funds 246.3 Reduce funds for personnel to reflect savings from attrition. $9,623 ($63,555) $0 State General Funds 246.4 Reduce funds for operations. ($98,707) ($98,707) ($98,707) State General Funds ($10,089) ($10,089) ($10,089) 246.100 -Public Defender Standards Council Appropriation (HB 741) 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 $5,908,359 $5,835,181 $5,898,736 State General Funds $5,908,359 $5,835,181 $5,898,736 TOTAL AGENCY FUNDS $340,000 $340,000 $340,000 Interest and Investment Income $340,000 $340,000 $340,000 Interest and Investment Income Not Itemized $340,000 $340,000 $340,000 TOTAL PUBLIC FUNDS $6,248,359 $6,175,181 $6,238,736 THURSDAY, FEBRUARY 23, 2012 783 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 $32,755,019 $32,755,019 $32,755,019 State General Funds $32,755,019 $32,755,019 $32,755,019 TOTAL PUBLIC FUNDS $32,755,019 $32,755,019 $32,755,019 247.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $470,080 $470,080 $470,080 247.2 Increase funds to reflect an adjustment in telecommunications expenses. (S:Reduce funds to reflect an adjustment in telecommunications expenses) State General Funds 247.3 Increase funds for additional expenses associated with conflict cases. $5,182 $5,182 ($58,373) State General Funds $339,042 $339,042 $339,042 247.100 -Public Defenders Appropriation (HB 741) 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 $33,569,323 $33,569,323 $33,505,768 State General Funds $33,569,323 $33,569,323 $33,505,768 TOTAL PUBLIC FUNDS $33,569,323 $33,569,323 $33,505,768 Section 37: Public Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $205,573,503 $205,573,503 $191,626,675 $191,626,675 $12,013,120 $12,013,120 $1,933,708 $1,933,708 $471,051,140 $471,051,140 $429,487,823 $429,487,823 $205,573,503 $191,626,675 $12,013,120 $1,933,708 $471,051,140 $429,487,823 784 JOURNAL OF THE SENATE Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $19,893,965 $2,912,917 $2,026,075 $16,730,360 $16,730,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 $19,893,965 $2,912,917 $2,026,075 $16,730,360 $16,730,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 $19,893,965 $2,912,917 $2,026,075 $16,730,360 $16,730,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Section Total - Final $206,208,375 $191,861,547 $12,013,120 $2,333,708 $469,257,536 $430,504,219 $20,893,965 $2,912,917 $2,026,075 $12,920,360 $12,920,360 $1,203,500 $459,137 $459,137 $744,363 $207,467,042 $193,120,214 $12,013,120 $2,333,708 $469,257,536 $430,504,219 $20,893,965 $2,912,917 $2,026,075 $12,920,360 $12,920,360 $1,203,500 $459,137 $459,137 $744,363 $208,667,042 $194,320,214 $12,013,120 $2,333,708 $469,257,536 $430,504,219 $20,893,965 $2,912,917 $2,026,075 $12,920,360 $12,920,360 $1,203,500 $459,137 $459,137 $744,363 THURSDAY, FEBRUARY 23, 2012 785 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $676,757,700 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $678,016,367 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $679,216,367 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 $8,975,356 $8,975,356 $8,975,356 State General Funds $3,822,917 $3,822,917 $3,822,917 Tobacco Settlement Funds $5,152,439 $5,152,439 $5,152,439 TOTAL FEDERAL FUNDS $31,333,197 $31,333,197 $31,333,197 Federal Funds Not Itemized $17,173,639 $17,173,639 $17,173,639 Maternal & Child Health Services Block Grant CFDA93.994 $187,504 $187,504 $187,504 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $13,930,360 $13,930,360 $13,930,360 Temporary Assistance for Needy Families Grant CFDA93.558 $13,930,360 $13,930,360 $13,930,360 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 $40,643,553 $40,643,553 $40,643,553 248.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 248.2 Reduce grant-in-aid funds for family planning special projects. $19,568 $19,568 $19,568 State General Funds ($80,000) ($80,000) ($80,000) 248.3 Reduce funds to reflect the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,810,000) ($1,810,000) ($1,810,000) 786 JOURNAL OF THE SENATE 248.100 -Adolescent and Adult Health Promotion Appropriation (HB 741) 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 $8,914,924 $8,914,924 $8,914,924 State General Funds $3,762,485 $3,762,485 $3,762,485 Tobacco Settlement Funds $5,152,439 $5,152,439 $5,152,439 TOTAL FEDERAL FUNDS $29,523,197 $29,523,197 $29,523,197 Federal Funds Not Itemized $17,173,639 $17,173,639 $17,173,639 Maternal & Child Health Services Block Grant CFDA93.994 $187,504 $187,504 $187,504 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $12,120,360 $12,120,360 $12,120,360 Temporary Assistance for Needy Families Grant CFDA93.558 $12,120,360 $12,120,360 $12,120,360 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 $38,773,121 $38,773,121 $38,773,121 Adult Essential Health Treatment Services Continuation Budget The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 249.100 -Adult Essential Health Treatment Services Appropriation (HB 741) The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks. TOTAL STATE FUNDS $7,231,809 $7,231,809 $7,231,809 State General Funds $618,560 $618,560 $618,560 THURSDAY, FEBRUARY 23, 2012 787 Tobacco Settlement Funds TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $6,613,249 $225,197 $225,197 $7,457,006 $6,613,249 $225,197 $225,197 $7,457,006 $6,613,249 $225,197 $225,197 $7,457,006 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $19,813,683 $19,813,683 $19,813,683 State General Funds $19,681,888 $19,681,888 $19,681,888 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $7,082,398 $7,082,398 $7,082,398 Federal Funds Not Itemized $5,275,140 $5,275,140 $5,275,140 Medical Assistance Program CFDA93.778 $1,807,258 $1,807,258 $1,807,258 TOTAL PUBLIC FUNDS $26,896,081 $26,896,081 $26,896,081 250.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 250.2 Increase funds to reflect an adjustment in telecommunications expenses. $257,683 $257,683 $257,683 State General Funds $266,547 $266,547 $266,547 250.3 Increase funds for leased space to replace the Macon district public health office scheduled to be sold in FY2012. State General Funds $142,509 $142,509 $142,509 250.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $20,480,422 $20,480,422 $20,480,422 State General Funds $20,348,627 $20,348,627 $20,348,627 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $7,082,398 $7,082,398 $7,082,398 Federal Funds Not Itemized $5,275,140 $5,275,140 $5,275,140 Medical Assistance Program CFDA93.778 $1,807,258 $1,807,258 $1,807,258 TOTAL PUBLIC FUNDS $27,562,820 $27,562,820 $27,562,820 788 JOURNAL OF THE SENATE Emergency Preparedness / Trauma System Improvement Continuation Budget The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. TOTAL STATE FUNDS $2,399,599 $2,399,599 $2,399,599 State General Funds $2,399,599 $2,399,599 $2,399,599 TOTAL FEDERAL FUNDS $41,063,009 $41,063,009 $41,063,009 Federal Funds Not Itemized $39,943,575 $39,943,575 $39,943,575 Maternal & Child Health Services Block Grant CFDA93.994 $280,000 $280,000 $280,000 Preventive Health & Health Services Block Grant CFDA93.991 $839,434 $839,434 $839,434 TOTAL AGENCY FUNDS $100,976 $100,976 $100,976 Sales and Services $100,976 $100,976 $100,976 Sales and Services Not Itemized $100,976 $100,976 $100,976 TOTAL PUBLIC FUNDS $43,563,584 $43,563,584 $43,563,584 251.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $38,293 $38,293 $38,293 251.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 741) 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 $2,437,892 $2,437,892 $2,437,892 State General Funds $2,437,892 $2,437,892 $2,437,892 TOTAL FEDERAL FUNDS $41,063,009 $41,063,009 $41,063,009 Federal Funds Not Itemized $39,943,575 $39,943,575 $39,943,575 Maternal & Child Health Services Block Grant CFDA93.994 $280,000 $280,000 $280,000 Preventive Health & Health Services Block Grant CFDA93.991 $839,434 $839,434 $839,434 TOTAL AGENCY FUNDS $100,976 $100,976 $100,976 Sales and Services $100,976 $100,976 $100,976 Sales and Services Not Itemized $100,976 $100,976 $100,976 TOTAL PUBLIC FUNDS $43,601,877 $43,601,877 $43,601,877 THURSDAY, FEBRUARY 23, 2012 789 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 $3,863,497 $3,863,497 $3,863,497 State General Funds $3,747,860 $3,747,860 $3,747,860 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,961,516 $4,961,516 $4,961,516 Federal Funds Not Itemized $4,764,766 $4,764,766 $4,764,766 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $25,156 $25,156 $25,156 Sales and Services $25,156 $25,156 $25,156 Sales and Services Not Itemized $25,156 $25,156 $25,156 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,600 $17,600 $17,600 State Funds Transfers $17,600 $17,600 $17,600 Agency to Agency Contracts $17,600 $17,600 $17,600 TOTAL PUBLIC FUNDS $8,867,769 $8,867,769 $8,867,769 252.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 252.2 Reduce funds for personnel. $20,942 $20,942 $20,942 State General Funds ($183,000) ($183,000) ($183,000) 252.100 -Epidemiology Appropriation (HB 741) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $3,701,439 $3,701,439 $3,701,439 State General Funds $3,585,802 $3,585,802 $3,585,802 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,961,516 $4,961,516 $4,961,516 Federal Funds Not Itemized $4,764,766 $4,764,766 $4,764,766 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $25,156 $25,156 $25,156 Sales and Services $25,156 $25,156 $25,156 Sales and Services Not Itemized $25,156 $25,156 $25,156 790 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,600 $17,600 $17,600 $8,705,711 $17,600 $17,600 $17,600 $8,705,711 $17,600 $17,600 $17,600 $8,705,711 Immunization Continuation Budget The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,684,539 $2,684,539 $2,684,539 State General Funds $2,684,539 $2,684,539 $2,684,539 TOTAL FEDERAL FUNDS $7,549,716 $7,549,716 $7,549,716 Federal Funds Not Itemized $7,049,716 $7,049,716 $7,049,716 Preventive Health & Health Services Block Grant CFDA93.991 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $10,234,255 $10,234,255 $10,234,255 253.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 253.2 Reduce funds for operations. $4,885 $4,885 $4,885 State General Funds ($122,000) ($122,000) ($122,000) 253.100 -Immunization Appropriation (HB 741) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,567,424 $2,567,424 $2,567,424 State General Funds $2,567,424 $2,567,424 $2,567,424 TOTAL FEDERAL FUNDS $7,549,716 $7,549,716 $7,549,716 Federal Funds Not Itemized $7,049,716 $7,049,716 $7,049,716 Preventive Health & Health Services Block Grant CFDA93.991 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $10,117,140 $10,117,140 $10,117,140 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. THURSDAY, FEBRUARY 23, 2012 791 TOTAL STATE FUNDS $22,361,045 $22,361,045 $22,361,045 State General Funds $22,361,045 $22,361,045 $22,361,045 TOTAL FEDERAL FUNDS $26,421,957 $26,421,957 $26,421,957 Federal Funds Not Itemized $17,903,475 $17,903,475 $17,903,475 Maternal & Child Health Services Block Grant CFDA93.994 $8,518,482 $8,518,482 $8,518,482 TOTAL AGENCY FUNDS $75,000 $75,000 $75,000 Contributions, Donations, and Forfeitures $75,000 $75,000 $75,000 Contributions, Donations, and Forfeitures Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $48,858,002 $48,858,002 $48,858,002 254.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 254.2 Replace funds for auditory verbal therapy services. $29,599 $29,599 $29,599 State General Funds Federal Funds Not Itemized Total Public Funds: 254.3 Reduce funds for Regional Tertiary Care center contracts. ($137,500) $137,500 $0 ($137,500) $137,500 $0 ($137,500) $137,500 $0 State General Funds ($150,000) ($150,000) ($150,000) 254.100-Infant and Child Essential Health Treatment Services Appropriation (HB 741) 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 $22,103,144 $22,103,144 $22,103,144 State General Funds $22,103,144 $22,103,144 $22,103,144 TOTAL FEDERAL FUNDS $26,559,457 $26,559,457 $26,559,457 Federal Funds Not Itemized $18,040,975 $18,040,975 $18,040,975 Maternal & Child Health Services Block Grant CFDA93.994 $8,518,482 $8,518,482 $8,518,482 TOTAL AGENCY FUNDS $75,000 $75,000 $75,000 Contributions, Donations, and Forfeitures $75,000 $75,000 $75,000 Contributions, Donations, and Forfeitures Not Itemized $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $48,737,601 $48,737,601 $48,737,601 792 JOURNAL OF THE SENATE 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 $10,124,282 $10,124,282 $10,124,282 State General Funds $10,124,282 $10,124,282 $10,124,282 TOTAL FEDERAL FUNDS $289,549,107 $289,549,107 $289,549,107 Federal Funds Not Itemized $276,006,719 $276,006,719 $276,006,719 Maternal & Child Health Services Block Grant CFDA93.994 $10,623,280 $10,623,280 $10,623,280 Medical Assistance Program CFDA93.778 $119,108 $119,108 $119,108 Temporary Assistance for Needy Families $2,800,000 $2,800,000 $2,800,000 Temporary Assistance for Needy Families Grant CFDA93.558 $2,800,000 $2,800,000 $2,800,000 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 $70,689 $70,689 $70,689 Federal Funds Transfers $70,689 $70,689 $70,689 FF National School Lunch Program CFDA10.555 $70,689 $70,689 $70,689 TOTAL PUBLIC FUNDS $299,793,215 $299,793,215 $299,793,215 255.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $35,047 $35,047 $35,047 255.2 Replace funds for the Children's 1st case management program. State General Funds Maternal & Child Health Services Block Grant CFDA93.994 Total Public Funds: 255.3 Reduce grant-in-aid funds for nurse case management. ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 ($1,000,000) $1,000,000 $0 State General Funds ($150,000) ($150,000) ($150,000) 255.4 Reduce funds to recognize the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) 255.5 Increase funds to maintain screening and home visit services for low birth weight newborns, newborns at risk of developmental delays, and cases of abuse and neglect in the Children 1st program due to the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. State General Funds $1,200,000 THURSDAY, FEBRUARY 23, 2012 793 255.100 -Infant and Child Health Promotion Appropriation (HB 741) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $9,009,329 $9,009,329 $10,209,329 State General Funds $9,009,329 $9,009,329 $10,209,329 TOTAL FEDERAL FUNDS $288,549,107 $288,549,107 $288,549,107 Federal Funds Not Itemized $276,006,719 $276,006,719 $276,006,719 Maternal & Child Health Services Block Grant CFDA93.994 $11,623,280 $11,623,280 $11,623,280 Medical Assistance Program CFDA93.778 $119,108 $119,108 $119,108 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 Temporary Assistance for Needy Families Grant CFDA93.558 $800,000 $800,000 $800,000 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 $70,689 $70,689 $70,689 Federal Funds Transfers $70,689 $70,689 $70,689 FF National School Lunch Program CFDA10.555 $70,689 $70,689 $70,689 TOTAL PUBLIC FUNDS $297,678,262 $297,678,262 $298,878,262 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 $29,857,724 $29,857,724 $29,857,724 State General Funds $29,857,724 $29,857,724 $29,857,724 TOTAL FEDERAL FUNDS $60,377,072 $60,377,072 $60,377,072 Federal Funds Not Itemized $60,292,583 $60,292,583 $60,292,583 Maternal & Child Health Services Block Grant CFDA93.994 $84,489 $84,489 $84,489 TOTAL PUBLIC FUNDS $90,234,796 $90,234,796 $90,234,796 256.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 256.2 Increase funds to continue routine HIV and syphilis testing. $124,615 $124,615 $124,615 State General Funds $228,736 $228,736 $228,736 794 JOURNAL OF THE SENATE 256.100 -Infectious Disease Control Appropriation (HB 741) 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 $30,211,075 $30,211,075 $30,211,075 State General Funds $30,211,075 $30,211,075 $30,211,075 TOTAL FEDERAL FUNDS $60,377,072 $60,377,072 $60,377,072 Federal Funds Not Itemized $60,292,583 $60,292,583 $60,292,583 Maternal & Child Health Services Block Grant CFDA93.994 $84,489 $84,489 $84,489 TOTAL PUBLIC FUNDS $90,588,147 $90,588,147 $90,588,147 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 $3,481,608 $3,481,608 $3,481,608 State General Funds $3,481,608 $3,481,608 $3,481,608 TOTAL FEDERAL FUNDS $970,740 $970,740 $970,740 Federal Funds Not Itemized $547,530 $547,530 $547,530 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 $618,231 $618,231 $618,231 Sales and Services $618,231 $618,231 $618,231 Sales and Services Not Itemized $618,231 $618,231 $618,231 TOTAL PUBLIC FUNDS $5,070,579 $5,070,579 $5,070,579 257.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $37,333 $37,333 $37,333 257.100-Inspections and Environmental Hazard Control Appropriation (HB 741) 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 $3,518,941 $3,518,941 $3,518,941 State General Funds $3,518,941 $3,518,941 $3,518,941 THURSDAY, FEBRUARY 23, 2012 795 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 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,107,912 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,107,912 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,107,912 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 $71,650,778 $71,650,778 $71,650,778 State General Funds $71,650,778 $71,650,778 $71,650,778 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $72,637,329 $72,637,329 $72,637,329 258.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,454,007 $3,454,007 258.2 Increase funds for the first year phase-in of the new grant-in-aid formula to hold harmless all counties. $3,454,007 State General Funds $1,258,667 $1,258,667 258.100 -Public Health Formula Grants to Counties Appropriation (HB 741) 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 $75,104,785 $76,363,452 $76,363,452 State General Funds $75,104,785 $76,363,452 $76,363,452 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $76,091,336 $77,350,003 $77,350,003 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. 796 JOURNAL OF THE SENATE TOTAL STATE FUNDS $3,538,979 $3,538,979 $3,538,979 State General Funds $3,538,979 $3,538,979 $3,538,979 TOTAL FEDERAL FUNDS $530,680 $530,680 $530,680 Federal Funds Not Itemized $530,680 $530,680 $530,680 TOTAL PUBLIC FUNDS $4,069,659 $4,069,659 $4,069,659 259.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $41,186 $41,186 $41,186 259.2 Replace funds. State General Funds Federal Funds Not Itemized Total Public Funds: 259.3 Reduce funds for operations. State General Funds ($878,896) $878,896 $0 ($45,000) ($878,896) $878,896 $0 ($45,000) ($878,896) $878,896 $0 ($45,000) 259.100 -Vital Records Appropriation (HB 741) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $2,656,269 $2,656,269 $2,656,269 State General Funds $2,656,269 $2,656,269 $2,656,269 TOTAL FEDERAL FUNDS $1,409,576 $1,409,576 $1,409,576 Federal Funds Not Itemized $1,409,576 $1,409,576 $1,409,576 TOTAL PUBLIC FUNDS $4,065,845 $4,065,845 $4,065,845 Brain and Spinal Injury Trust Fund Continuation Budget The purpose of this appropriation is to provide disbursements from the Trust Fund to offset the costs of care and rehabilitative services to citizens of the state who have survived brain or spinal cord injuries. TOTAL STATE FUNDS $1,933,708 State General Funds $0 Brain & Spinal Injury Trust Fund $1,933,708 TOTAL PUBLIC FUNDS $1,933,708 260.1 Increase funds for additional awards to Georgia residents with brain and spinal injuries. Brain & Spinal Injury Trust Fund $400,000 $1,933,708 $0 $1,933,708 $1,933,708 $400,000 $1,933,708 $0 $1,933,708 $1,933,708 $400,000 THURSDAY, FEBRUARY 23, 2012 797 260.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 741) 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 $2,333,708 $2,333,708 $2,333,708 Brain & Spinal Injury Trust Fund $2,333,708 $2,333,708 $2,333,708 TOTAL PUBLIC FUNDS $2,333,708 $2,333,708 $2,333,708 Georgia Trauma Care Network Commission Continuation Budget 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 $17,656,896 $17,656,896 State General Funds $17,656,896 $17,656,896 TOTAL PUBLIC FUNDS $17,656,896 $17,656,896 261.1 Reduce funds to reflect revised revenue projections for Super Speeder and license reinstatement fees. State General Funds ($1,719,682) ($1,719,682) $17,656,896 $17,656,896 $17,656,896 ($1,719,682) 261.100-Georgia Trauma Care Network Commission Appropriation (HB 741) 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 $15,937,214 $15,937,214 $15,937,214 State General Funds $15,937,214 $15,937,214 $15,937,214 TOTAL PUBLIC FUNDS $15,937,214 $15,937,214 $15,937,214 Section 38: Public Safety, Department of 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 Section Total - Continuation $112,065,614 $112,065,614 $112,065,614 $112,065,614 $38,498,171 $38,498,171 $38,498,171 $38,498,171 $22,209,331 $22,209,331 $4,871 $4,871 $4,871 $4,871 $112,065,614 $112,065,614 $38,498,171 $38,498,171 $22,209,331 $4,871 $4,871 798 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $11,897,999 $11,897,999 $234,757 $234,757 $9,419,304 $9,419,304 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 $11,897,999 $11,897,999 $234,757 $234,757 $9,419,304 $9,419,304 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 $11,897,999 $11,897,999 $234,757 $234,757 $9,419,304 $9,419,304 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 Section Total - Final $114,525,596 $114,525,596 $38,498,171 $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,405,062 $114,890,463 $114,890,463 $38,498,171 $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,769,929 $114,890,463 $114,890,463 $38,498,171 $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,769,929 THURSDAY, FEBRUARY 23, 2012 799 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 $1,563,231 $1,563,231 $1,563,231 State General Funds $1,563,231 $1,563,231 $1,563,231 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $174,000 $174,000 $174,000 Sales and Services $174,000 $174,000 $174,000 Sales and Services Not Itemized $174,000 $174,000 $174,000 TOTAL PUBLIC FUNDS $1,937,231 $1,937,231 $1,937,231 262.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,721 $26,721 $26,721 262.2 Increase funds to reflect an Executive Order to transfer nine months funding and six positions from the Georgia Aviation Authority. State General Funds $958,755 $958,755 $958,755 262.100 -Aviation Appropriation (HB 741) The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. TOTAL STATE FUNDS $2,548,707 $2,548,707 $2,548,707 State General Funds $2,548,707 $2,548,707 $2,548,707 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $174,000 $174,000 $174,000 Sales and Services $174,000 $174,000 $174,000 Sales and Services Not Itemized $174,000 $174,000 $174,000 TOTAL PUBLIC FUNDS $2,922,707 $2,922,707 $2,922,707 800 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 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 263.100 -Capitol Police Services Appropriation (HB 741) 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 THURSDAY, FEBRUARY 23, 2012 801 Sales and Services $103,510 $103,510 $103,510 Sales and Services Not Itemized $103,510 $103,510 $103,510 TOTAL PUBLIC FUNDS $8,246,507 $8,246,507 $8,246,507 264.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 264.2 Reduce funds by holding two positions vacant in FY2012. $108,140 $108,140 $108,140 State General Funds ($64,867) $0 $0 264.100-Departmental Administration Appropriation (HB 741) 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 $8,038,199 $8,103,066 $8,103,066 State General Funds $8,038,199 $8,103,066 $8,103,066 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $110,010 $110,010 $110,010 Rebates, Refunds, and Reimbursements $6,500 $6,500 $6,500 Rebates, Refunds, and Reimbursements Not Itemized $6,500 $6,500 $6,500 Sales and Services $103,510 $103,510 $103,510 Sales and Services Not Itemized $103,510 $103,510 $103,510 TOTAL PUBLIC FUNDS $8,289,780 $8,354,647 $8,354,647 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 802 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,595,035 $1,595,035 $1,595,035 265.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,635 $27,635 $27,635 265.100 -Executive Security Services Appropriation (HB 741) 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 $1,568,670 $1,568,670 $1,568,670 State General Funds $1,568,670 $1,568,670 $1,568,670 TOTAL AGENCY FUNDS $54,000 $54,000 $54,000 Sales and Services $54,000 $54,000 $54,000 Sales and Services Not Itemized $54,000 $54,000 $54,000 TOTAL PUBLIC FUNDS $1,622,670 $1,622,670 $1,622,670 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 Federal Funds Not Itemized 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 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 THURSDAY, FEBRUARY 23, 2012 803 Sanctions, Fines, and Penalties $652,400 $652,400 $652,400 Sanctions, Fines, and Penalties Not Itemized $652,400 $652,400 $652,400 TOTAL PUBLIC FUNDS $92,542,266 $92,542,266 $92,542,266 266.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 266.2 Increase funds to reflect an adjustment in telecommunications expenses. $1,103,531 $1,103,531 $1,103,531 State General Funds 266.3 Increase funds for the increased fuel costs for Trooper patrol vehicles. $654,680 $654,680 $654,680 State General Funds $200,000 $500,000 $500,000 266.100-Field Offices and Services Appropriation (HB 741) 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 $75,535,649 $75,835,649 $75,835,649 State General Funds $75,535,649 $75,835,649 $75,835,649 TOTAL FEDERAL FUNDS $12,592,428 $12,592,428 $12,592,428 Federal Funds Not Itemized $12,592,428 $12,592,428 $12,592,428 TOTAL AGENCY FUNDS $6,372,400 $6,372,400 $6,372,400 Intergovernmental Transfers $5,000,000 $5,000,000 $5,000,000 Intergovernmental Transfers Not Itemized $5,000,000 $5,000,000 $5,000,000 Rebates, Refunds, and Reimbursements $170,000 $170,000 $170,000 Rebates, Refunds, and Reimbursements Not Itemized $170,000 $170,000 $170,000 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 Sanctions, Fines, and Penalties $652,400 $652,400 $652,400 Sanctions, Fines, and Penalties Not Itemized $652,400 $652,400 $652,400 TOTAL PUBLIC FUNDS $94,500,477 $94,800,477 $94,800,477 804 JOURNAL OF THE SENATE 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 $9,621,843 $9,621,843 $9,621,843 State General Funds $9,621,843 $9,621,843 $9,621,843 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 Rebates, Refunds, and Reimbursements $58,257 $58,257 $58,257 Rebates, Refunds, and Reimbursements Not Itemized $58,257 $58,257 $58,257 Sales and Services $6,451,970 $6,451,970 $6,451,970 Sales and Services Not Itemized $6,451,970 $6,451,970 $6,451,970 TOTAL PUBLIC FUNDS $22,831,813 $22,831,813 $22,831,813 267.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 267.2 Reduce funds for civilian weighmasters due to delay in hiring. $146,186 $146,186 $146,186 State General Funds ($750,000) ($750,000) ($750,000) 267.100-Motor Carrier Compliance Appropriation (HB 741) 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 $9,018,029 $9,018,029 $9,018,029 State General Funds $9,018,029 $9,018,029 $9,018,029 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 Rebates, Refunds, and Reimbursements $58,257 $58,257 $58,257 Rebates, Refunds, and Reimbursements Not Itemized $58,257 $58,257 $58,257 Sales and Services $6,451,970 $6,451,970 $6,451,970 THURSDAY, FEBRUARY 23, 2012 805 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,451,970 $22,227,999 $6,451,970 $22,227,999 $6,451,970 $22,227,999 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 $3,149,216 $3,149,216 $3,149,216 State General Funds $3,149,216 $3,149,216 $3,149,216 TOTAL PUBLIC FUNDS $3,149,216 $3,149,216 $3,149,216 268.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $59,696 $59,696 $59,696 268.100-Specialized Collision Reconstruction Team Appropriation (HB 741) 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 $3,208,912 $3,208,912 $3,208,912 State General Funds $3,208,912 $3,208,912 $3,208,912 TOTAL PUBLIC FUNDS $3,208,912 $3,208,912 $3,208,912 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. TOTAL STATE FUNDS $1,459,734 $1,459,734 $1,459,734 State General Funds $1,459,734 $1,459,734 $1,459,734 TOTAL PUBLIC FUNDS $1,459,734 $1,459,734 $1,459,734 269.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $22,971 $22,971 $22,971 806 JOURNAL OF THE SENATE 269.100 -Troop J Specialty Units Appropriation (HB 741) 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 $1,482,705 $1,482,705 $1,482,705 State General Funds $1,482,705 $1,482,705 $1,482,705 TOTAL PUBLIC FUNDS $1,482,705 $1,482,705 $1,482,705 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 $624,100 $624,100 $624,100 State General Funds $624,100 $624,100 $624,100 TOTAL PUBLIC FUNDS $624,100 $624,100 $624,100 270.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $11,587 $11,587 $11,587 270.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 741) 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 $635,687 $635,687 $635,687 State General Funds $635,687 $635,687 $635,687 TOTAL PUBLIC FUNDS $635,687 $635,687 $635,687 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. THURSDAY, FEBRUARY 23, 2012 807 TOTAL STATE FUNDS $1,910,716 $1,910,716 $1,910,716 State General Funds $1,910,716 $1,910,716 $1,910,716 TOTAL AGENCY FUNDS $50,247 $50,247 $50,247 Sales and Services $50,247 $50,247 $50,247 Sales and Services Not Itemized $50,247 $50,247 $50,247 TOTAL PUBLIC FUNDS $1,960,963 $1,960,963 $1,960,963 271.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 271.2 Increase funds to reflect an adjustment in telecommunications expenses. $27,463 $27,463 $27,463 State General Funds 271.3 Replace funds. $6,223 $6,223 $6,223 State General Funds Sales and Services Not Itemized Total Public Funds: ($38,214) $38,214 $0 ($38,214) $38,214 $0 ($38,214) $38,214 $0 271.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 741) 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 $1,906,188 $1,906,188 $1,906,188 State General Funds $1,906,188 $1,906,188 $1,906,188 TOTAL AGENCY FUNDS $88,461 $88,461 $88,461 Sales and Services $88,461 $88,461 $88,461 Sales and Services Not Itemized $88,461 $88,461 $88,461 TOTAL PUBLIC FUNDS $1,994,649 $1,994,649 $1,994,649 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. 808 JOURNAL OF THE SENATE TOTAL STATE FUNDS $10,246,951 $10,246,951 $10,246,951 State General Funds $10,246,951 $10,246,951 $10,246,951 TOTAL FEDERAL FUNDS $1,778,300 $1,778,300 $1,778,300 Federal Funds Not Itemized $1,778,300 $1,778,300 $1,778,300 TOTAL AGENCY FUNDS $1,974,014 $1,974,014 $1,974,014 Sales and Services $1,974,014 $1,974,014 $1,974,014 Sales and Services Not Itemized $1,974,014 $1,974,014 $1,974,014 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $122,760 $122,760 $122,760 State Funds Transfers $122,760 $122,760 $122,760 Agency to Agency Contracts $122,760 $122,760 $122,760 TOTAL PUBLIC FUNDS $14,122,025 $14,122,025 $14,122,025 272.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 272.2 Increase funds to reflect an adjustment in telecommunications expenses. $149,673 $149,673 $149,673 State General Funds 272.3 Reduce funds for operations. $634 $634 $634 State General Funds ($73,520) ($73,520) ($73,520) 272.4 Reduce funds by eliminating all instructor positions at Augusta Police Force Academy effective January 1, 2012. State General Funds 272.5 Reduce funds for Augusta Police Academy operations. ($97,044) ($97,044) ($97,044) State General Funds ($100) ($100) ($100) 272.100 -Public Safety Training Center, Georgia Appropriation (HB 741) 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 $10,226,594 $10,226,594 $10,226,594 State General Funds $10,226,594 $10,226,594 $10,226,594 TOTAL FEDERAL FUNDS $1,778,300 $1,778,300 $1,778,300 Federal Funds Not Itemized $1,778,300 $1,778,300 $1,778,300 TOTAL AGENCY FUNDS $1,974,014 $1,974,014 $1,974,014 THURSDAY, FEBRUARY 23, 2012 809 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,101,668 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,101,668 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,101,668 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 $376,424 $376,424 $376,424 State General Funds $376,424 $376,424 $376,424 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 $66,434 $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 $61,563 $61,563 $61,563 Sales and Services Not Itemized $61,563 $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 Agency to Agency Contracts $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,539,977 $18,539,977 $18,539,977 273.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 273.2 Reduce funds to reflect an adjustment in telecommunications expenses. $8,654 $8,654 $8,654 State General Funds 273.3 Reduce funds for personnel to reflect savings due to attrition. ($21,294) ($21,294) ($21,294) State General Funds ($7,528) ($7,528) ($7,528) 810 JOURNAL OF THE SENATE 273.100 -Highway Safety, Office of Appropriation (HB 741) 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 $356,256 $356,256 $356,256 State General Funds $356,256 $356,256 $356,256 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 $66,434 $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 $61,563 $61,563 $61,563 Sales and Services Not Itemized $61,563 $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 Agency to Agency Contracts $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,519,809 $18,519,809 $18,519,809 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Electricity Delivery and Energy Reliability CFDA81.122 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $7,974,361 $7,974,361 $7,974,361 $7,974,361 $1,541,721 $1,541,721 $1,300,246 $1,300,246 $241,475 $241,475 $70,160 $70,160 $70,160 $70,160 $70,160 $70,160 $9,586,242 $9,586,242 $7,974,361 $7,974,361 $1,541,721 $1,300,246 $241,475 $70,160 $70,160 $70,160 $9,586,242 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $7,963,990 $7,963,990 $1,541,721 $7,963,990 $7,963,990 $1,541,721 $7,963,990 $7,963,990 $1,541,721 THURSDAY, FEBRUARY 23, 2012 811 Federal Funds Not Itemized ARRA-Electricity Delivery and Energy Reliability CFDA81.122 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,300,246 $241,475 $86,898 $86,898 $86,898 $9,592,609 $1,300,246 $241,475 $86,898 $86,898 $86,898 $9,592,609 $1,300,246 $241,475 $86,898 $86,898 $86,898 $9,592,609 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 $1,073,035 $1,073,035 $1,073,035 State General Funds $1,073,035 $1,073,035 $1,073,035 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 Federal Funds Not Itemized $83,500 $83,500 $83,500 TOTAL AGENCY FUNDS $70,160 $70,160 $70,160 Sales and Services $70,160 $70,160 $70,160 Sales and Services Not Itemized $70,160 $70,160 $70,160 TOTAL PUBLIC FUNDS $1,226,695 $1,226,695 $1,226,695 274.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 274.2 Increase funds to reflect an adjustment in telecommunications expenses. $19,800 $19,800 $19,800 State General Funds 274.3 Replace funds for operations. $2,877 $2,877 $2,877 State General Funds Sales and Services Not Itemized Total Public Funds: ($16,738) $16,738 $0 ($16,738) $16,738 $0 ($16,738) $16,738 $0 274.100-Commission Administration Appropriation (HB 741) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,078,974 $1,078,974 $1,078,974 State General Funds $1,078,974 $1,078,974 $1,078,974 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 812 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $83,500 $86,898 $86,898 $86,898 $1,249,372 $83,500 $86,898 $86,898 $86,898 $1,249,372 $83,500 $86,898 $86,898 $86,898 $1,249,372 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 $922,165 $922,165 $922,165 State General Funds $922,165 $922,165 $922,165 TOTAL FEDERAL FUNDS $1,188,246 $1,188,246 $1,188,246 Federal Funds Not Itemized $1,188,246 $1,188,246 $1,188,246 TOTAL PUBLIC FUNDS $2,110,411 $2,110,411 $2,110,411 275.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 275.2 Increase funds to reflect an adjustment in telecommunications expenses. $27,270 $27,270 $27,270 State General Funds $4,204 $4,204 $4,204 275.100-Facility Protection Appropriation (HB 741) 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 $953,639 $953,639 $953,639 State General Funds $953,639 $953,639 $953,639 TOTAL FEDERAL FUNDS $1,188,246 $1,188,246 $1,188,246 Federal Funds Not Itemized $1,188,246 $1,188,246 $1,188,246 TOTAL PUBLIC FUNDS $2,141,885 $2,141,885 $2,141,885 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 THURSDAY, FEBRUARY 23, 2012 813 telecommunications network planning, arbitrate complaints among competitors, provide consumer protection and education, and certify competitive transportation, natural gas and telecommunications providers. TOTAL STATE FUNDS $5,979,161 $5,979,161 $5,979,161 State General Funds $5,979,161 $5,979,161 $5,979,161 TOTAL FEDERAL FUNDS $269,975 $269,975 $269,975 Federal Funds Not Itemized $28,500 $28,500 $28,500 ARRA-Electricity Delivery and Energy Reliability CFDA81.122 $241,475 $241,475 $241,475 TOTAL PUBLIC FUNDS $6,249,136 $6,249,136 $6,249,136 276.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 276.2 Increase funds to reflect an adjustment in telecommunications expenses. $96,657 $96,657 $96,657 State General Funds 276.3 Reduce funds for personnel. $15,046 $15,046 $15,046 State General Funds ($159,487) ($159,487) ($159,487) 276.100 -Utilities Regulation Appropriation (HB 741) 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 $5,931,377 $5,931,377 $5,931,377 State General Funds $5,931,377 $5,931,377 $5,931,377 TOTAL FEDERAL FUNDS $269,975 $269,975 $269,975 Federal Funds Not Itemized $28,500 $28,500 $28,500 ARRA-Electricity Delivery and Energy Reliability CFDA81.122 $241,475 $241,475 $241,475 TOTAL PUBLIC FUNDS $6,201,352 $6,201,352 $6,201,352 Section 40: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds Section Total - Continuation $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 814 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,092,583,950 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,092,583,950 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,092,583,950 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $1,704,966,581 $1,704,966,581 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 $1,704,966,581 $1,704,966,581 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 $1,704,966,581 $1,704,966,581 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 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 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $34,058,182 $34,058,182 $37,552,919 $22,000,000 THURSDAY, FEBRUARY 23, 2012 815 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 277.1 Reduce funds for personnel. State General Funds $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 ($214,068) ($214,068) ($214,068) 277.100-Agricultural Experiment Station Appropriation (HB 741) 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 $33,844,114 $33,844,114 $33,844,114 State General Funds $33,844,114 $33,844,114 $33,844,114 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $5,483,042 $5,483,042 $5,483,042 Rebates, Refunds, and Reimbursements Not Itemized $5,483,042 $5,483,042 $5,483,042 Sales and Services $10,069,877 $10,069,877 $10,069,877 Sales and Services Not Itemized $10,069,877 $10,069,877 $10,069,877 TOTAL PUBLIC FUNDS $71,397,033 $71,397,033 $71,397,033 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 $4,944,522 816 JOURNAL OF THE SENATE 278.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 741) 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $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 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 279.1 Reduce funds for personnel. State General Funds $28,589,236 $28,589,236 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $28,589,236 $28,589,236 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $28,589,236 $28,589,236 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 ($362,657) ($362,657) ($362,657) 279.100 -Cooperative Extension Service Appropriation (HB 741) 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 $28,226,579 $28,226,579 $28,226,579 State General Funds $28,226,579 $28,226,579 $28,226,579 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $13,000,000 $13,000,000 $13,000,000 THURSDAY, FEBRUARY 23, 2012 817 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 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,310,508 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,310,508 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,310,508 Enterprise Innovation 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 280.1 Reduce funds for personnel and operations. State General Funds $7,483,572 $7,483,572 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,483,572 $7,483,572 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,483,572 $7,483,572 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 ($149,671) ($149,671) ($149,671) 280.100 -Enterprise Innovation Institute Appropriation (HB 741) 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 $7,333,901 $7,333,901 $7,333,901 State General Funds $7,333,901 $7,333,901 $7,333,901 TOTAL AGENCY FUNDS $10,475,000 $10,475,000 $10,475,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 818 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,808,901 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,808,901 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,808,901 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 281.1 Reduce funds for personnel. State General Funds $507,349 $507,349 $500,000 $475,988 $475,988 $24,012 $24,012 $1,007,349 $507,349 $507,349 $500,000 $475,988 $475,988 $24,012 $24,012 $1,007,349 $507,349 $507,349 $500,000 $475,988 $475,988 $24,012 $24,012 $1,007,349 ($10,147) ($10,147) ($10,147) 281.100 -Forestry Cooperative Extension Appropriation (HB 741) 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 $497,202 $497,202 $497,202 State General Funds $497,202 $497,202 $497,202 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $475,988 $475,988 $475,988 Intergovernmental Transfers Not Itemized $475,988 $475,988 $475,988 Sales and Services $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $997,202 $997,202 $997,202 THURSDAY, FEBRUARY 23, 2012 819 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 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 282.100-Forestry Research Appropriation (HB 741) 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 $2,523,601 $2,523,601 $2,523,601 State General Funds $2,523,601 $2,523,601 $2,523,601 TOTAL AGENCY FUNDS $8,950,426 $8,950,426 $8,950,426 Intergovernmental Transfers $8,000,000 $8,000,000 $8,000,000 Intergovernmental Transfers Not Itemized $8,000,000 $8,000,000 $8,000,000 Sales and Services $950,426 $950,426 $950,426 Sales and Services Not Itemized $950,426 $950,426 $950,426 TOTAL PUBLIC FUNDS $11,474,027 $11,474,027 $11,474,027 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 $0 $0 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 $0 $0 $3,625,810 $3,625,810 820 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 283.100-Georgia Radiation Therapy Center Appropriation (HB 741) 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 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 284.1 Reduce funds for operations. State General Funds $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 ($114,447) ($114,447) ($114,447) 284.100-Georgia Tech Research Institute Appropriation (HB 741) 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. THURSDAY, FEBRUARY 23, 2012 821 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 $5,607,909 $5,607,909 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,525,867 $5,607,909 $5,607,909 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,525,867 $5,607,909 $5,607,909 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,525,867 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 285.1 Reduce funds for operations. State General Funds $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 ($14,370) ($14,370) ($14,370) 285.100 -Marine Institute Appropriation (HB 741) 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 $704,136 $704,136 $704,136 State General Funds $704,136 $704,136 $704,136 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 822 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $367,648 $118,633 $118,633 $1,190,417 $367,648 $118,633 $118,633 $1,190,417 $367,648 $118,633 $118,633 $1,190,417 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 $1,180,737 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 286.100 -Marine Resources Extension Center Appropriation (HB 741) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,180,737 $1,180,737 $1,180,737 State General Funds $1,180,737 $1,180,737 $1,180,737 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 $2,526,266 $2,526,266 $2,526,266 THURSDAY, FEBRUARY 23, 2012 823 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 287.1 Reduce funds for personnel. State General Funds $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 ($583,453) ($583,453) ($583,453) 287.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 741) 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 $28,589,189 $28,589,189 $28,589,189 State General Funds $28,589,189 $28,589,189 $28,589,189 TOTAL PUBLIC FUNDS $28,589,189 $28,589,189 $28,589,189 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 288.1 Reduce funds for personnel and operations. State General Funds $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 ($644,965) ($644,965) ($644,965) 288.100 -Public Libraries Appropriation (HB 741) 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. 824 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $31,603,280 $31,603,280 $5,222,400 $5,222,400 $5,222,400 $36,825,680 $31,603,280 $31,603,280 $5,222,400 $5,222,400 $5,222,400 $36,825,680 $31,603,280 $31,603,280 $5,222,400 $5,222,400 $5,222,400 $36,825,680 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 TOTAL PUBLIC FUNDS 289.1 Reduce funds for personnel and operations. State General Funds $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 ($238,927) ($238,927) ($238,927) 289.100 -Public Service / Special Funding Initiatives Appropriation (HB 741) 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 $11,707,447 $11,707,447 $11,707,447 State General Funds $11,707,447 $11,707,447 $11,707,447 TOTAL PUBLIC FUNDS $11,707,447 $11,707,447 $11,707,447 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 290.1 Reduce funds for personnel. State General Funds $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 ($89,708) ($89,708) ($89,708) THURSDAY, FEBRUARY 23, 2012 825 290.2 Reduce funds to the Southern Regional Education Board (SREB) to reflect the actual contract amount for slots in the Regional Contract and Doctoral Scholars program. State General Funds ($7,426) ($7,426) ($7,426) 290.100 -Regents Central Office Appropriation (HB 741) 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 $5,499,726 $5,499,726 $5,499,726 State General Funds $5,499,726 $5,499,726 $5,499,726 TOTAL PUBLIC FUNDS $5,499,726 $5,499,726 $5,499,726 Research Consortium Continuation Budget The purpose of this appropriation is to support research and development activities at Georgia's research universities to further strategic industries in the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 291.1 Reduce funds for personnel and operations. $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 State General Funds ($128,434) ($128,434) ($128,434) 291.99 SAC: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. House: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. Governor: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. State General Funds $0 $0 $0 291.100-Research Consortium Appropriation (HB 741) The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. TOTAL STATE FUNDS $6,293,244 $6,293,244 $6,293,244 826 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 292.1 Reduce funds for personnel. State General Funds $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 ($24,602) ($24,602) ($24,602) 292.100 -Skidaway Institute of Oceanography Appropriation (HB 741) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,205,499 $1,205,499 $1,205,499 State General Funds $1,205,499 $1,205,499 $1,205,499 TOTAL AGENCY FUNDS $3,550,000 $3,550,000 $3,550,000 Intergovernmental Transfers $2,650,000 $2,650,000 $2,650,000 Intergovernmental Transfers Not Itemized $2,650,000 $2,650,000 $2,650,000 Rebates, Refunds, and Reimbursements $550,000 $550,000 $550,000 Rebates, Refunds, and Reimbursements Not Itemized $550,000 $550,000 $550,000 Sales and Services $350,000 $350,000 $350,000 Sales and Services Not Itemized $350,000 $350,000 $350,000 TOTAL PUBLIC FUNDS $4,755,499 $4,755,499 $4,755,499 THURSDAY, FEBRUARY 23, 2012 827 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 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 293.1 Reduce funds for personnel and operations. State General Funds $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 ($31,075,810) ($31,075,810) ($31,075,810) 293.100 -Teaching Appropriation (HB 741) 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 $1,522,714,719 $1,522,714,719 $1,522,714,719 State General Funds $1,522,714,719 $1,522,714,719 $1,522,714,719 TOTAL AGENCY FUNDS $4,018,392,206 $4,018,392,206 $4,018,392,206 Intergovernmental Transfers $1,874,210,179 $1,874,210,179 $1,874,210,179 Intergovernmental Transfers Not Itemized $1,874,210,179 $1,874,210,179 $1,874,210,179 Rebates, Refunds, and Reimbursements $132,899,510 $132,899,510 $132,899,510 Rebates, Refunds, and Reimbursements Not Itemized $132,899,510 $132,899,510 $132,899,510 Sales and Services $2,011,282,517 $2,011,282,517 $2,011,282,517 Sales and Services Not Itemized $2,011,282,517 $2,011,282,517 $2,011,282,517 TOTAL PUBLIC FUNDS $5,541,106,925 $5,541,106,925 $5,541,106,925 828 JOURNAL OF THE SENATE 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 294.1 Reduce funds for personnel. State General Funds $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 ($23,383) ($23,383) ($23,383) 294.100 -Veterinary Medicine Experiment Station Appropriation (HB 741) 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 $2,519,490 $2,519,490 $2,519,490 State General Funds $2,519,490 $2,519,490 $2,519,490 TOTAL PUBLIC FUNDS $2,519,490 $2,519,490 $2,519,490 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 295.1 Reduce funds for personnel. State General Funds $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 ($8,675) ($8,675) ($8,675) THURSDAY, FEBRUARY 23, 2012 829 295.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 741) 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 $425,099 $425,099 $425,099 State General Funds $425,099 $425,099 $425,099 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 $10,047,050 $10,047,050 $10,047,050 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 296.1 Reduce funds for the Prep School. State General Funds 296.2 Reduce funds for the Junior College. State General Funds $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 ($32,024) ($32,024) ($32,024) ($14,318) ($14,318) ($14,318) 296.100 -Payments to Georgia Military College Appropriation (HB 741) 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 $2,270,765 $2,270,765 $2,270,765 State General Funds $2,270,765 $2,270,765 $2,270,765 TOTAL PUBLIC FUNDS $2,270,765 $2,270,765 $2,270,765 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. 830 JOURNAL OF THE SENATE TOTAL STATE FUNDS $12,431,297 $12,431,297 $12,431,297 State General Funds $12,431,297 $12,431,297 $12,431,297 TOTAL PUBLIC FUNDS $12,431,297 $12,431,297 $12,431,297 297.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $86,273 $86,273 $86,273 297.2 Reduce funds by eliminating one full-time position and one part-time position due to agency reorganization. State General Funds 297.3 Reduce funds for operations. ($154,327) ($154,327) ($154,327) State General Funds 297.4 Reduce funds for employee parking spaces. ($58,739) ($58,739) ($58,739) State General Funds ($34,560) ($34,560) ($34,560) 297.5 Eliminate funds to broadcast the Georgia Music Hall of Fame Awards Show added in HB78 (FY2012 General). State General Funds ($50,000) ($50,000) ($50,000) 297.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 741) 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 $12,219,944 $12,219,944 $12,219,944 State General Funds $12,219,944 $12,219,944 $12,219,944 TOTAL PUBLIC FUNDS $12,219,944 $12,219,944 $12,219,944 Section 41: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Section Total - Continuation $130,200,769 $130,200,769 $130,050,769 $130,050,769 $150,000 $150,000 $187,422 $187,422 $187,422 $187,422 $35,194,544 $35,194,544 $447,580 $447,580 $447,580 $447,580 $130,200,769 $130,050,769 $150,000 $187,422 $187,422 $35,194,544 $447,580 $447,580 THURSDAY, FEBRUARY 23, 2012 831 Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $191,507 $191,507 $191,507 $165,774,242 $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $191,507 $191,507 $191,507 $165,774,242 $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $191,507 $191,507 $191,507 $165,774,242 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $131,089,497 $130,939,497 $150,000 $187,422 $187,422 $35,580,839 $447,580 $447,580 $34,273,259 $6,500,000 $27,773,259 $860,000 $860,000 $239,507 $239,507 $239,507 $167,097,265 $134,819,219 $134,669,219 $150,000 $187,422 $187,422 $35,194,544 $447,580 $447,580 $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $239,507 $239,507 $239,507 $170,440,692 $137,692,674 $137,542,674 $150,000 $187,422 $187,422 $35,194,544 $447,580 $447,580 $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $239,507 $239,507 $239,507 $173,314,147 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. 832 JOURNAL OF THE SENATE TOTAL STATE FUNDS $14,278,632 $14,278,632 $14,278,632 State General Funds $14,278,632 $14,278,632 $14,278,632 TOTAL AGENCY FUNDS $350,580 $350,580 $350,580 Intergovernmental Transfers $225,580 $225,580 $225,580 Intergovernmental Transfers Not Itemized $225,580 $225,580 $225,580 Sales and Services $125,000 $125,000 $125,000 Sales and Services Not Itemized $125,000 $125,000 $125,000 TOTAL PUBLIC FUNDS $14,629,212 $14,629,212 $14,629,212 298.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $119,451 $119,451 298.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $119,451 State General Funds ($335,675) $0 $225,000 298.3 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds 298.4 Increase funds to assist with workload demands. $288,000 $288,000 $288,000 State General Funds $773,756 298.100-Customer Service Appropriation (HB 741) 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 $14,350,408 $14,686,083 $15,684,839 State General Funds $14,350,408 $14,686,083 $15,684,839 TOTAL AGENCY FUNDS $350,580 $350,580 $350,580 Intergovernmental Transfers $225,580 $225,580 $225,580 Intergovernmental Transfers Not Itemized $225,580 $225,580 $225,580 Sales and Services $125,000 $125,000 $125,000 Sales and Services Not Itemized $125,000 $125,000 $125,000 TOTAL PUBLIC FUNDS $14,700,988 $15,036,663 $16,035,419 THURSDAY, FEBRUARY 23, 2012 833 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 $7,684,788 $7,684,788 $7,684,788 State General Funds $7,684,788 $7,684,788 $7,684,788 TOTAL AGENCY FUNDS $484,210 $484,210 $484,210 Sales and Services $424,210 $424,210 $424,210 Sales and Services Not Itemized $424,210 $424,210 $424,210 Sanctions, Fines, and Penalties $60,000 $60,000 $60,000 Sanctions, Fines, and Penalties Not Itemized $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $8,168,998 $8,168,998 $8,168,998 299.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $88,358 $88,358 299.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $88,358 State General Funds 299.3 Reduce funds for personnel due to attrition. ($74,594) $0 $50,000 State General Funds ($160,000) ($160,000) ($160,000) 299.100-Departmental Administration Appropriation (HB 741) 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 $7,538,552 $7,613,146 $7,663,146 State General Funds $7,538,552 $7,613,146 $7,663,146 TOTAL AGENCY FUNDS $484,210 $484,210 $484,210 Sales and Services $424,210 $424,210 $424,210 Sales and Services Not Itemized $424,210 $424,210 $424,210 Sanctions, Fines, and Penalties $60,000 $60,000 $60,000 Sanctions, Fines, and Penalties Not Itemized $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $8,022,762 $8,097,356 $8,147,356 834 JOURNAL OF THE SENATE Forest Land Protection Grants Continuation Budget The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 300.1 Reduce funds to meet actual expenditures. State General Funds $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 ($400,301) 300.100 -Forest Land Protection Grants Appropriation (HB 741) The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session. TOTAL STATE FUNDS $14,584,551 $14,584,551 $14,184,250 State General Funds $14,584,551 $14,584,551 $14,184,250 TOTAL PUBLIC FUNDS $14,584,551 $14,584,551 $14,184,250 Fraud Detection and Prevention Continuation Budget TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 301.1 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $4,900,000 $4,900,000 $4,900,000 301.99 SAC: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. House: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. Governor: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. State General Funds $0 $0 $0 THURSDAY, FEBRUARY 23, 2012 835 301.100 -Fraud Detection and Prevention Appropriation (HB 741) The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. TOTAL STATE FUNDS $4,900,000 $4,900,000 $4,900,000 State General Funds $4,900,000 $4,900,000 $4,900,000 TOTAL PUBLIC FUNDS $4,900,000 $4,900,000 $4,900,000 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 $2,788,968 $2,788,968 $2,788,968 State General Funds $2,638,968 $2,638,968 $2,638,968 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 $2,696,996 $2,696,996 $2,696,996 Sales and Services $2,196,996 $2,196,996 $2,196,996 Sales and Services Not Itemized $2,196,996 $2,196,996 $2,196,996 Sanctions, Fines, and Penalties $500,000 $500,000 $500,000 Sanctions, Fines, and Penalties Not Itemized $500,000 $500,000 $500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $191,507 $191,507 $191,507 State Funds Transfers $191,507 $191,507 $191,507 Agency to Agency Contracts $191,507 $191,507 $191,507 TOTAL PUBLIC FUNDS $5,864,893 $5,864,893 $5,864,893 302.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $45,544 $45,544 302.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $45,544 State General Funds 302.3 Reduce funds for two vacant agent positions. ($37,297) $0 $25,000 836 JOURNAL OF THE SENATE State General Funds 302.4 Replace funds for personnel. State General Funds Agency to Agency Contracts Total Public Funds: ($43,800) ($48,000) $48,000 $0 ($43,800) ($48,000) $48,000 $0 ($43,800) ($48,000) $48,000 $0 302.100 -Industry Regulation Appropriation (HB 741) 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 $2,705,415 $2,742,712 $2,767,712 State General Funds $2,555,415 $2,592,712 $2,617,712 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 $2,696,996 $2,696,996 $2,696,996 Sales and Services $2,196,996 $2,196,996 $2,196,996 Sales and Services Not Itemized $2,196,996 $2,196,996 $2,196,996 Sanctions, Fines, and Penalties $500,000 $500,000 $500,000 Sanctions, Fines, and Penalties Not Itemized $500,000 $500,000 $500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $239,507 $239,507 $239,507 State Funds Transfers $239,507 $239,507 $239,507 Agency to Agency Contracts $239,507 $239,507 $239,507 TOTAL PUBLIC FUNDS $5,829,340 $5,866,637 $5,891,637 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 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,270,247 $2,270,247 $2,670,000 $2,670,000 THURSDAY, FEBRUARY 23, 2012 837 Sales and Services Not Itemized $2,670,000 $2,670,000 $2,670,000 TOTAL PUBLIC FUNDS $4,940,247 $4,940,247 $4,940,247 303.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $37,967 $37,967 303.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $37,967 State General Funds 303.3 Reduce funds for contracts. ($223,783) $0 $150,000 State General Funds 303.4 Reduce funds for operations. ($36,000) ($36,000) ($36,000) State General Funds ($10,000) ($10,000) ($10,000) 303.100-Local Government Services Appropriation (HB 741) 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 $2,038,431 $2,262,214 $2,412,214 State General Funds $2,038,431 $2,262,214 $2,412,214 TOTAL AGENCY FUNDS $2,670,000 $2,670,000 $2,670,000 Sales and Services $2,670,000 $2,670,000 $2,670,000 Sales and Services Not Itemized $2,670,000 $2,670,000 $2,670,000 TOTAL PUBLIC FUNDS $4,708,431 $4,932,214 $5,082,214 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 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 304.100 -Local Tax Officials Retirement and FICA Appropriation (HB 741) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $6,984,996 $6,984,996 $6,984,996 838 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 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 $4,493,717 $4,493,717 $4,493,717 State General Funds $4,493,717 $4,493,717 $4,493,717 TOTAL AGENCY FUNDS $11,981,765 $11,981,765 $11,981,765 Sales and Services $11,981,765 $11,981,765 $11,981,765 Fees Retained for License Plate Production $6,500,000 $6,500,000 $6,500,000 Sales and Services Not Itemized $5,481,765 $5,481,765 $5,481,765 TOTAL PUBLIC FUNDS $16,475,482 $16,475,482 $16,475,482 305.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $111,350 $111,350 305.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $111,350 State General Funds 305.3 Reduce funds for personnel due to attrition. ($1,156,214) $0 $775,000 State General Funds 305.4 Reduce funds for operations. ($51,000) ($51,000) ($51,000) State General Funds ($40,000) ($40,000) ($40,000) 305.5 Utilize other funds from the purchase of tag data to provide the initial step for a three-year replacement schedule for county GRATIS printers and maintenance. (Total Funds: $585,035)(H:YES)(S:NO; Work with the Department of Administrative Services to implement a statewide contract for county GRATIS printers and maintenance) State General Funds $0 $0 305.100 -Motor Vehicle Registration and Titling Appropriation (HB 741) 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 $3,357,853 $4,514,067 $5,289,067 THURSDAY, FEBRUARY 23, 2012 839 State General Funds TOTAL AGENCY FUNDS Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,357,853 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $15,339,618 $4,514,067 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,495,832 $5,289,067 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $17,270,832 Office of Special Investigations Continuation Budget The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. TOTAL STATE FUNDS $2,736,081 $2,736,081 $2,736,081 State General Funds $2,736,081 $2,736,081 $2,736,081 TOTAL PUBLIC FUNDS $2,736,081 $2,736,081 $2,736,081 306.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,174 $27,174 306.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $27,174 State General Funds 306.3 Reduce funds for personnel due to attrition. ($37,297) $0 $25,000 State General Funds ($60,000) ($60,000) ($60,000) 306.4 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $199,500 $199,500 $199,500 306.99 SAC: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. House: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. Governor: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. State General Funds $0 $0 $0 840 JOURNAL OF THE SENATE 306.100 -Office of Special Investigations Appropriation (HB 741) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. TOTAL STATE FUNDS $2,865,458 $2,902,755 $2,927,755 State General Funds $2,865,458 $2,902,755 $2,927,755 TOTAL PUBLIC FUNDS $2,865,458 $2,902,755 $2,927,755 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 $14,342,762 $14,342,762 $14,342,762 State General Funds $14,342,762 $14,342,762 $14,342,762 TOTAL PUBLIC FUNDS $14,342,762 $14,342,762 $14,342,762 307.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $90,211 $90,211 307.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $90,211 State General Funds ($37,297) $0 $25,000 307.3 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds 307.4 Reduce funds for operations. $107,500 $107,500 $107,500 State General Funds 307.5 Reduce funds for personnel due to attrition. ($120,000) ($120,000) ($120,000) State General Funds ($68,000) ($68,000) ($68,000) 307.100 -Revenue Processing Appropriation (HB 741) 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 $14,315,176 $14,352,473 $14,377,473 THURSDAY, FEBRUARY 23, 2012 841 State General Funds TOTAL PUBLIC FUNDS $14,315,176 $14,315,176 $14,352,473 $14,352,473 $14,377,473 $14,377,473 Tax Compliance Continuation Budget The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $35,515,536 $35,515,536 $35,515,536 State General Funds $35,515,536 $35,515,536 $35,515,536 TOTAL AGENCY FUNDS $16,610,993 $16,610,993 $16,610,993 Intergovernmental Transfers $222,000 $222,000 $222,000 Intergovernmental Transfers Not Itemized $222,000 $222,000 $222,000 Sales and Services $16,388,993 $16,388,993 $16,388,993 Sales and Services Not Itemized $16,388,993 $16,388,993 $16,388,993 TOTAL PUBLIC FUNDS $52,126,529 $52,126,529 $52,126,529 308.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $414,901 $414,901 308.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $414,901 State General Funds 308.3 Reduce funds by delaying in hiring revenue agents. ($298,378) $0 $200,000 State General Funds ($611,277) ($611,277) ($611,277) 308.4 Reduce funds by holding 11 positions vacant and utilize other funds to hire these positions, effective April 1, 2012. State General Funds Sales and Services Not Itemized Total Public Funds: ($710,311) $177,577 ($532,734) ($710,311) $0 ($710,311) ($710,311) $0 ($710,311) 308.100 -Tax Compliance Appropriation (HB 741) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $34,310,471 $34,608,849 $34,808,849 State General Funds $34,310,471 $34,608,849 $34,808,849 TOTAL AGENCY FUNDS $16,788,570 $16,610,993 $16,610,993 842 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $222,000 $222,000 $16,566,570 $16,566,570 $51,099,041 $222,000 $222,000 $16,388,993 $16,388,993 $51,219,842 $222,000 $222,000 $16,388,993 $16,388,993 $51,419,842 Tax 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 $1,460,248 $1,460,248 $1,460,248 State General Funds $1,460,248 $1,460,248 $1,460,248 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 Sanctions, Fines, and Penalties $300,000 $300,000 $300,000 Sanctions, Fines, and Penalties Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $1,860,248 $1,860,248 $1,860,248 309.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,849 $26,849 309.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $26,849 State General Funds 309.3 Reduce funds for contracts. ($149,189) $0 $100,000 State General Funds ($30,000) ($30,000) ($30,000) 309.100 -Tax Policy Appropriation (HB 741) 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 $1,307,908 $1,457,097 $1,557,097 THURSDAY, FEBRUARY 23, 2012 843 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $1,307,908 $400,000 $100,000 $100,000 $300,000 $300,000 $1,707,908 $1,457,097 $400,000 $100,000 $100,000 $300,000 $300,000 $1,857,097 $1,557,097 $400,000 $100,000 $100,000 $300,000 $300,000 $1,957,097 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 $23,060,243 $23,060,243 $23,060,243 State General Funds $23,060,243 $23,060,243 $23,060,243 TOTAL PUBLIC FUNDS $23,060,243 $23,060,243 $23,060,243 310.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $203,751 $203,751 310.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S:Increase funds to meet projected telecommunications expenditures) $203,751 State General Funds ($1,379,998) $0 $925,000 310.3 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds 310.4 Replace funds for two contract positions. $155,000 $155,000 $155,000 State General Funds Sales and Services Not Itemized Total Public Funds: ($208,718) $208,718 $0 ($208,718) $0 ($208,718) ($208,718) $0 ($208,718) 310.100 -Technology Support Services Appropriation (HB 741) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $21,830,278 $23,210,276 $24,135,276 844 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $21,830,278 $208,718 $208,718 $208,718 $22,038,996 $23,210,276 $23,210,276 $24,135,276 $24,135,276 The Department is authorized, per OCGA 40-2-31, 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 42: Secretary of State 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 Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $29,812,853 $29,812,853 $29,812,853 $29,812,853 $85,000 $85,000 $85,000 $85,000 $1,557,183 $1,557,183 $41,900 $41,900 $41,900 $41,900 $1,515,283 $1,515,283 $435,771 $435,771 $1,079,512 $1,079,512 $31,455,036 $31,455,036 $29,812,853 $29,812,853 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $31,455,036 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 Section Total - Final $31,501,379 $31,501,379 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $31,686,379 $31,686,379 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $31,819,650 $31,819,650 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 THURSDAY, FEBRUARY 23, 2012 845 Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS $435,771 $1,079,512 $33,143,562 $435,771 $1,079,512 $33,328,562 $435,771 $1,079,512 $33,461,833 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 $4,313,024 $4,313,024 $4,313,024 State General Funds $4,313,024 $4,313,024 $4,313,024 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 $4,845,695 $4,845,695 $4,845,695 311.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 311.2 Increase funds to reflect an adjustment in telecommunications expenses. $26,178 $26,178 $20,046 State General Funds $4,178 $4,178 $0 311.3 Increase funds for the lease escalator on the Georgia Archives building in Forest Park. State General Funds $89,098 $89,098 $89,098 311.100-Archives and Records Appropriation (HB 741) 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 $4,432,478 $4,432,478 $4,422,168 State General Funds $4,432,478 $4,432,478 $4,422,168 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 846 JOURNAL OF THE SENATE 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 $21,900 $21,900 $510,771 $435,771 $75,000 $4,965,149 $21,900 $21,900 $510,771 $435,771 $75,000 $4,965,149 $21,900 $21,900 $510,771 $435,771 $75,000 $4,954,839 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 $1,231,461 $1,231,461 $1,231,461 State General Funds $1,231,461 $1,231,461 $1,231,461 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 $1,970,973 $1,970,973 $1,970,973 312.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $22,486 $22,486 $22,668 312.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 312.3 Reduce funds for personnel. State General Funds $1,193 ($24,629) $1,193 ($24,629) $0 ($24,629) 312.100 -Corporations Appropriation (HB 741) 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 $1,230,511 $1,230,511 $1,229,500 State General Funds $1,230,511 $1,230,511 $1,229,500 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 $1,970,023 $1,970,023 $1,969,012 THURSDAY, FEBRUARY 23, 2012 847 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 $4,648,857 $4,648,857 $4,648,857 State General Funds $4,648,857 $4,648,857 $4,648,857 TOTAL FEDERAL FUNDS $85,000 $85,000 $85,000 Federal Funds Not Itemized $85,000 $85,000 $85,000 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 $4,783,857 $4,783,857 $4,783,857 313.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 313.2 Increase funds to reflect an adjustment in telecommunications expenses. $25,182 $25,182 $29,737 State General Funds 313.3 Increase funds for reapportionment expenses. $4,504 $4,504 $37,461 State General Funds $1,800,000 $1,800,000 $1,800,000 313.100 -Elections Appropriation (HB 741) 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 $6,478,543 $6,478,543 $6,516,055 State General Funds $6,478,543 $6,478,543 $6,516,055 TOTAL FEDERAL FUNDS $85,000 $85,000 $85,000 Federal Funds Not Itemized $85,000 $85,000 $85,000 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 $6,613,543 $6,613,543 $6,651,055 848 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 $5,766,114 $5,766,114 $5,766,114 State General Funds $5,766,114 $5,766,114 $5,766,114 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $5,781,114 $5,781,114 $5,781,114 314.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 314.2 Increase funds to reflect an adjustment in telecommunications expenses. $84,383 $84,383 $88,827 State General Funds 314.3 Reduce funds for operations. $5,586 $5,586 $0 State General Funds ($150,000) $0 $0 314.4 Reduce funds for personnel. (S:Reduce funds for administrative costs) State General Funds ($115,322) ($115,322) ($15,322) 314.100 -Office Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,590,761 $5,740,761 $5,839,619 State General Funds $5,590,761 $5,740,761 $5,839,619 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $5,605,761 $5,755,761 $5,854,619 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 $6,827,104 $6,827,104 $6,827,104 THURSDAY, FEBRUARY 23, 2012 849 State General Funds $6,827,104 $6,827,104 $6,827,104 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $6,977,104 $6,977,104 $6,977,104 315.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 315.2 Increase funds to reflect an adjustment in telecommunications expenses. $88,915 $88,915 $83,906 State General Funds 315.3 Reduce funds for personnel. $6,614 $6,614 $0 State General Funds ($136,542) ($136,542) 315.4 Increase funds for the Georgia Board of Pharmacy for operations and exam administration. ($68,271) State General Funds $35,000 $0 315.100 -Professional Licensing Boards Appropriation (HB 741) 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 $6,786,091 $6,821,091 $6,842,739 State General Funds $6,786,091 $6,821,091 $6,842,739 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 $6,936,091 $6,971,091 $6,992,739 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 $819,685 $819,685 $819,685 $819,685 $819,685 $819,685 850 JOURNAL OF THE SENATE 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 $869,685 $869,685 $869,685 316.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 316.2 Increase funds to reflect an adjustment in telecommunications expenses. $8,809 $8,809 $10,551 State General Funds 316.3 Reduce funds for personnel. $794 $794 $0 State General Funds ($16,934) ($16,934) ($16,934) 316.100 -Securities Appropriation (HB 741) 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 $812,354 $812,354 $813,302 State General Funds $812,354 $812,354 $813,302 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 $862,354 $862,354 $863,302 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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 THURSDAY, FEBRUARY 23, 2012 851 317.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 317.2 Reduce funds for operations. $4,471 $4,471 $4,477 State General Funds ($4,848) ($4,848) ($4,848) 317.100 -Commission on the Holocaust, Georgia Appropriation (HB 741) 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 $242,026 $242,026 $242,032 State General Funds $242,026 $242,026 $242,032 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Contributions, Donations, and Forfeitures $20,000 $20,000 $20,000 Contributions, Donations, and Forfeitures Not Itemized $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $262,026 $262,026 $262,032 Drugs and Narcotics Agency, Georgia Continuation Budget The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,950,515 $1,950,515 $1,950,515 State General Funds $1,950,515 $1,950,515 $1,950,515 TOTAL PUBLIC FUNDS $1,950,515 $1,950,515 $1,950,515 318.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 318.2 Increase funds to reflect an adjustment in telecommunications expenses. $23,034 $23,034 $23,246 State General Funds 318.3 Reduce funds for personnel. $14,592 $14,592 $0 State General Funds ($64,545) ($64,545) ($64,545) 852 JOURNAL OF THE SENATE 318.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 741) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,923,596 $1,923,596 $1,909,216 State General Funds $1,923,596 $1,923,596 $1,909,216 TOTAL PUBLIC FUNDS $1,923,596 $1,923,596 $1,909,216 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 $2,929,545 $2,929,545 $2,929,545 State General Funds $2,929,545 $2,929,545 $2,929,545 TOTAL PUBLIC FUNDS $2,929,545 $2,929,545 $2,929,545 319.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 319.2 Reduce funds to reflect an adjustment in telecommunications expenses. $36,844 $36,844 $36,844 State General Funds 319.3 Reduce funds for contracts based on reduced workload. ($4,021) ($4,021) ($4,021) State General Funds ($58,591) ($58,591) ($58,591) 319.100 -Real Estate Commission Appropriation (HB 741) 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 $2,903,777 $2,903,777 $2,903,777 State General Funds $2,903,777 $2,903,777 $2,903,777 TOTAL PUBLIC FUNDS $2,903,777 $2,903,777 $2,903,777 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. THURSDAY, FEBRUARY 23, 2012 853 TOTAL STATE FUNDS $1,084,145 $1,084,145 $1,084,145 State General Funds $1,084,145 $1,084,145 $1,084,145 TOTAL PUBLIC FUNDS $1,084,145 $1,084,145 $1,084,145 320.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 320.2 Increase funds to reflect an adjustment in telecommunications expenses. $16,225 $16,225 $16,225 State General Funds $872 $872 $872 320.100-State Ethics Commission Appropriation (HB 741) 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 $1,101,242 $1,101,242 $1,101,242 State General Funds $1,101,242 $1,101,242 $1,101,242 TOTAL PUBLIC FUNDS $1,101,242 $1,101,242 $1,101,242 Section 43: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Watershed Rehabilitation Program CFDA10.916 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers Section Total - Continuation $2,585,421 $2,585,421 $2,585,421 $2,585,421 $5,935,855 $5,935,855 $2,070,034 $2,070,034 $3,865,821 $3,865,821 $842,085 $842,085 $36,084 $36,084 $36,084 $36,084 $806,001 $806,001 $806,001 $806,001 $495,717 $495,717 $247,359 $247,359 $247,359 $247,359 $248,358 $248,358 $2,585,421 $2,585,421 $5,935,855 $2,070,034 $3,865,821 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 854 JOURNAL OF THE SENATE FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $248,358 $9,859,078 $248,358 $9,859,078 $248,358 $9,859,078 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Watershed Rehabilitation Program CFDA10.916 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS Section Total - Final $2,563,811 $2,563,811 $5,935,855 $2,070,034 $3,865,821 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,837,468 $2,615,519 $2,615,519 $5,935,855 $2,070,034 $3,865,821 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,889,176 $2,615,519 $2,615,519 $5,935,855 $2,070,034 $3,865,821 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,889,176 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 $721,339 $721,339 $721,339 State General Funds $721,339 $721,339 $721,339 TOTAL PUBLIC FUNDS $721,339 $721,339 $721,339 321.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 321.2 Reduce funds to reflect an adjustment in telecommunications expenses. $10,370 $10,370 $10,370 State General Funds ($1,640) ($1,640) ($1,640) THURSDAY, FEBRUARY 23, 2012 855 321.100 -Commission Administration Appropriation (HB 741) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $730,069 $730,069 $730,069 State General Funds $730,069 $730,069 $730,069 TOTAL PUBLIC FUNDS $730,069 $730,069 $730,069 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 $233,535 $233,535 $233,535 State General Funds $233,535 $233,535 $233,535 TOTAL FEDERAL FUNDS $1,730,528 $1,730,528 $1,730,528 Federal Funds Not Itemized $1,730,528 $1,730,528 $1,730,528 TOTAL AGENCY FUNDS $592,251 $592,251 $592,251 Intergovernmental Transfers $592,251 $592,251 $592,251 Intergovernmental Transfers Not Itemized $592,251 $592,251 $592,251 TOTAL PUBLIC FUNDS $2,556,314 $2,556,314 $2,556,314 322.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 322.2 Reduce funds to reflect an adjustment in telecommunications expenses. $2,368 $2,368 $2,368 State General Funds 322.3 Reduce funds for personnel to reflect projected expenditures. ($254) ($254) ($254) State General Funds 322.4 Reduce funds for operations. ($20,000) $0 $0 State General Funds ($5,854) $0 $0 322.100 -Conservation of Agricultural Water Supplies Appropriation (HB 741) 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. 856 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 $209,795 $209,795 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,532,574 $235,649 $235,649 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,558,428 $235,649 $235,649 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,558,428 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 $1,344,676 $1,344,676 $1,344,676 State General Funds $1,344,676 $1,344,676 $1,344,676 TOTAL FEDERAL FUNDS $339,506 $339,506 $339,506 Federal Funds Not Itemized $339,506 $339,506 $339,506 TOTAL AGENCY FUNDS $249,834 $249,834 $249,834 Contributions, Donations, and Forfeitures $36,084 $36,084 $36,084 Contributions, Donations, and Forfeitures Not Itemized $36,084 $36,084 $36,084 Intergovernmental Transfers $213,750 $213,750 $213,750 Intergovernmental Transfers Not Itemized $213,750 $213,750 $213,750 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $495,717 $495,717 $495,717 State Funds Transfers $247,359 $247,359 $247,359 Agency to Agency Contracts $247,359 $247,359 $247,359 Federal Funds Transfers $248,358 $248,358 $248,358 FF Water Quality Management Planning CFDA66.454 $248,358 $248,358 $248,358 TOTAL PUBLIC FUNDS $2,429,733 $2,429,733 $2,429,733 323.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. THURSDAY, FEBRUARY 23, 2012 857 State General Funds 323.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 323.3 Reduce funds for personnel to reflect projected expenditures. State General Funds 323.4 Reduce funds for operations. State General Funds $20,187 ($933) ($20,150) ($5,704) $20,187 ($933) $0 $0 $20,187 ($933) $0 $0 323.100 -Conservation of Soil and Water Resources Appropriation (HB 741) 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 $1,338,076 $1,363,930 $1,363,930 State General Funds $1,338,076 $1,363,930 $1,363,930 TOTAL FEDERAL FUNDS $339,506 $339,506 $339,506 Federal Funds Not Itemized $339,506 $339,506 $339,506 TOTAL AGENCY FUNDS $249,834 $249,834 $249,834 Contributions, Donations, and Forfeitures $36,084 $36,084 $36,084 Contributions, Donations, and Forfeitures Not Itemized $36,084 $36,084 $36,084 Intergovernmental Transfers $213,750 $213,750 $213,750 Intergovernmental Transfers Not Itemized $213,750 $213,750 $213,750 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $495,717 $495,717 $495,717 State Funds Transfers $247,359 $247,359 $247,359 Agency to Agency Contracts $247,359 $247,359 $247,359 Federal Funds Transfers $248,358 $248,358 $248,358 FF Water Quality Management Planning CFDA66.454 $248,358 $248,358 $248,358 TOTAL PUBLIC FUNDS $2,423,133 $2,448,987 $2,448,987 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. 858 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS ARRA-Watershed Rehabilitation Program CFDA10.916 TOTAL PUBLIC FUNDS $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 324.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 741) 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 $123,242 $123,242 $123,242 State General Funds $123,242 $123,242 $123,242 TOTAL FEDERAL FUNDS $3,865,821 $3,865,821 $3,865,821 ARRA-Watershed Rehabilitation Program CFDA10.916 $3,865,821 $3,865,821 $3,865,821 TOTAL PUBLIC FUNDS $3,989,063 $3,989,063 $3,989,063 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 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 325.100 -Water Resources and Land Use Planning Appropriation (HB 741) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $162,629 $162,629 $162,629 State General Funds $162,629 $162,629 $162,629 TOTAL PUBLIC FUNDS $162,629 $162,629 $162,629 THURSDAY, FEBRUARY 23, 2012 859 Section 44: State Personnel Administration Section Total - Continuation 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 Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 Section Total - Final 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 Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 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 $0 $0 $0 $0 $0 $0 860 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 326.100 -Recruitment and Staffing Services Appropriation (HB 741) 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 State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 System Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical support to the agency. TOTAL STATE FUNDS $0 $0 $0 State General Funds $0 $0 $0 TOTAL AGENCY FUNDS $150,433 $150,433 $150,433 Reserved Fund Balances $78,858 $78,858 $78,858 Reserved Fund Balances Not Itemized $78,858 $78,858 $78,858 Sales and Services $71,575 $71,575 $71,575 Sales and Services Not Itemized $71,575 $71,575 $71,575 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $3,530,966 $3,530,966 $3,530,966 State Funds Transfers $3,530,966 $3,530,966 $3,530,966 Merit System Assessments $3,530,966 $3,530,966 $3,530,966 TOTAL PUBLIC FUNDS $3,681,399 $3,681,399 $3,681,399 327.1 Increase funds for payment to the State Treasury by $500,000 from $1,947,035 to $2,447,035. (Total Funds: $2,447,035)(G:YES)(S:YES) Merit System Assessments $0 $0 $0 THURSDAY, FEBRUARY 23, 2012 861 327.100-System Administration The purpose of this appropriation is to provide administrative and technical support to the agency. Appropriation (HB 741) 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 Merit System Assessments TOTAL PUBLIC FUNDS $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 Total Compensation and Rewards Continuation Budget The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 328.100-Total Compensation and Rewards Appropriation (HB 741) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $4,451,987 $4,451,987 $4,451,987 $4,451,987 $4,451,987 $4,451,987 $4,451,987 $4,451,987 $4,451,987 862 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 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 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $0 $0 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $0 $0 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 329.100-Workforce Development and Alignment Appropriation (HB 741) 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 State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 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, FEBRUARY 23, 2012 863 Section 45: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $649,840,771 $649,840,771 $37,102,532 $37,102,532 $612,738,239 $612,738,239 $482,723 $482,723 $482,723 $482,723 $482,723 $482,723 $650,323,494 $650,323,494 $649,840,771 $37,102,532 $612,738,239 $482,723 $482,723 $482,723 $650,323,494 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $652,880,688 $35,562,759 $617,317,929 $1,082,723 $1,082,723 $1,082,723 $653,963,411 $652,880,688 $35,562,759 $617,317,929 $1,082,723 $1,082,723 $1,082,723 $653,963,411 $652,880,688 $35,562,759 $617,317,929 $1,082,723 $1,082,723 $1,082,723 $653,963,411 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 State General Funds TOTAL PUBLIC FUNDS 330.1 Increase funds to meet projected need. State General Funds $6,500,000 $6,500,000 $6,500,000 $2,065,101 $6,500,000 $6,500,000 $6,500,000 $2,065,101 $6,500,000 $6,500,000 $6,500,000 $2,065,101 330.100 -Accel Appropriation (HB 741) 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 $8,565,101 $8,565,101 $8,565,101 864 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $8,565,101 $8,565,101 $8,565,101 $8,565,101 $8,565,101 $8,565,101 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 TOTAL PUBLIC FUNDS 331.1 Increase funds to meet projected need. State General Funds $550,000 $550,000 $550,000 $20,000 $550,000 $550,000 $550,000 $20,000 $550,000 $550,000 $550,000 $20,000 331.100 -Engineer Scholarship Appropriation (HB 741) 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 $570,000 $570,000 $570,000 State General Funds $570,000 $570,000 $570,000 TOTAL PUBLIC FUNDS $570,000 $570,000 $570,000 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 State General Funds TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 332.100-Georgia Military College Scholarship Appropriation (HB 741) 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 $1,094,862 $1,094,862 $1,094,862 State General Funds $1,094,862 $1,094,862 $1,094,862 TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 THURSDAY, FEBRUARY 23, 2012 865 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 $800,000 333.100 -HERO Scholarship Appropriation (HB 741) 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 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 $7,770,114 $7,770,114 $7,770,114 State General Funds $0 $0 $0 Lottery Proceeds $7,770,114 $7,770,114 $7,770,114 TOTAL PUBLIC FUNDS $7,770,114 $7,770,114 $7,770,114 334.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Lottery Proceeds $46,258 $46,258 $46,258 334.100-HOPE Administration Appropriation (HB 741) 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 $7,816,372 $7,816,372 $7,816,372 Lottery Proceeds $7,816,372 $7,816,372 $7,816,372 TOTAL PUBLIC FUNDS $7,816,372 $7,816,372 $7,816,372 866 JOURNAL OF THE SENATE HOPE GED Continuation Budget The purpose of this appropriation is to award a $500 voucher once to each student receiving a general educational development (GED) diploma awarded by the Technical College System of Georgia. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 335.1 Reduce funds to meet projected need. Lottery Proceeds $2,957,061 $0 $2,957,061 $2,957,061 $2,957,061 $0 $2,957,061 $2,957,061 $2,957,061 $0 $2,957,061 $2,957,061 ($320,785) ($320,785) ($320,785) 335.100 -HOPE GED Appropriation (HB 741) 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 $2,636,276 $2,636,276 $2,636,276 Lottery Proceeds $2,636,276 $2,636,276 $2,636,276 TOTAL PUBLIC FUNDS $2,636,276 $2,636,276 $2,636,276 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 336.1 Reduce funds to meet projected need. Lottery Proceeds $130,737,363 $0 $130,737,363 $130,737,363 $130,737,363 $0 $130,737,363 $130,737,363 $130,737,363 $0 $130,737,363 $130,737,363 ($7,937,138) ($7,937,138) ($7,937,138) 336.100 -HOPE Grant Appropriation (HB 741) The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,800,225 $122,800,225 $122,800,225 THURSDAY, FEBRUARY 23, 2012 867 Lottery Proceeds TOTAL PUBLIC FUNDS $122,800,225 $122,800,225 $122,800,225 $122,800,225 $122,800,225 $122,800,225 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 337.1 Reduce funds to meet projected need. $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 Lottery Proceeds ($3,557,948) ($3,557,948) ($501,104) 337.98 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program to consolidate programs. Lottery Proceeds $2,483,765 $2,483,765 $0 337.100 -HOPE Scholarships - Private Schools Appropriation (HB 741) 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 $53,426,921 $53,426,921 $54,000,000 Lottery Proceeds $53,426,921 $53,426,921 $54,000,000 TOTAL PUBLIC FUNDS $53,426,921 $53,426,921 $54,000,000 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 338.1 Increase funds to meet projected need. Lottery Proceeds 338.2 Reduce funds to meet projected need. Lottery Proceeds $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $16,349,303 $16,349,303 $0 ($29,601,653) 868 JOURNAL OF THE SENATE 338.98 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program to consolidate programs. Lottery Proceeds $16,622,123 $16,622,123 $0 338.100 -HOPE Scholarships - Public Schools Appropriation (HB 741) 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 $410,638,135 $410,638,135 $348,065,056 Lottery Proceeds $410,638,135 $410,638,135 $348,065,056 TOTAL PUBLIC FUNDS $410,638,135 $410,638,135 $348,065,056 Low Interest Loans Continuation Budget The purpose of this appropriation is to implement a needs-based low-interest loan program to assist with the affordability of a college education. The loan is forgivable for certain critical need programs. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 339.100 -Low Interest Loans Appropriation (HB 741) The purpose of this appropriation is to implement a needs-based low-interest loan program to assist with the affordability of a college education. The loan is forgivable for certain critical need programs. TOTAL STATE FUNDS $20,000,000 $20,000,000 $20,000,000 Lottery Proceeds $20,000,000 $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $20,000,000 $20,000,000 $20,000,000 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 $1,352,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 THURSDAY, FEBRUARY 23, 2012 869 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 340.1 Reduce funds to meet projected need. State General Funds $482,723 $482,723 $482,723 $1,835,523 $482,723 $482,723 $482,723 $1,835,523 $482,723 $482,723 $482,723 $1,835,523 ($45,000) ($45,000) 340.100 -North Georgia Military Scholarship Grants Appropriation (HB 741) 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 $1,352,800 $1,307,800 $1,307,800 State General Funds $1,352,800 $1,307,800 $1,307,800 TOTAL AGENCY FUNDS $482,723 $482,723 $482,723 Intergovernmental Transfers $482,723 $482,723 $482,723 Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 TOTAL PUBLIC FUNDS $1,835,523 $1,790,523 $1,790,523 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 341.1 Increase funds to meet projected need. State General Funds $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $45,000 $802,479 $802,479 $802,479 $45,000 341.100 -North Georgia ROTC Grants Appropriation (HB 741) 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 $802,479 $847,479 $847,479 State General Funds $802,479 $847,479 $847,479 TOTAL PUBLIC FUNDS $802,479 $847,479 $847,479 870 JOURNAL OF THE SENATE Public Memorial Safety Grant Continuation Budget The purpose of this appropriation is to provide educational grant assistance to the children of Georgia law enforcement officers, fire fighters, EMTs, correctional officers, and prison guards who were permanently disabled or killed in the line of duty, to attend a public post-secondary institution in the State of Georgia. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 342.1 Increase funds to meet projected need. State General Funds $306,761 $306,761 $306,761 $70,000 $306,761 $306,761 $306,761 $70,000 $306,761 $306,761 $306,761 $70,000 342.100 -Public Memorial Safety Grant Appropriation (HB 741) 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 $376,761 $376,761 $376,761 State General Funds $376,761 $376,761 $376,761 TOTAL PUBLIC FUNDS $376,761 $376,761 $376,761 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 343.1 Reduce funds to meet projected need. $25,002,946 $25,002,946 $25,002,946 State General Funds ($3,106,623) 343.2 Replace funds with deferred revenue for the Tuition Equalization Grant program. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($600,000) $600,000 $0 $25,002,946 $25,002,946 $25,002,946 ($3,106,623) ($600,000) $600,000 $0 $25,002,946 $25,002,946 $25,002,946 ($3,106,623) ($600,000) $600,000 $0 THURSDAY, FEBRUARY 23, 2012 871 343.100 -Tuition Equalization Grants Appropriation (HB 741) The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS $21,296,323 $21,296,323 $21,296,323 State General Funds $21,296,323 $21,296,323 $21,296,323 TOTAL AGENCY FUNDS $600,000 $600,000 $600,000 Intergovernmental Transfers $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $21,896,323 $21,896,323 $21,896,323 Zell Miller Scholars Continuation Budget The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS 344.1 Increase funds to meet projected need. $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 Lottery Proceeds $42,894,112 344.98 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program to consolidate programs. Lottery Proceeds ($19,105,888) ($19,105,888) $0 344.100-Zell Miller Scholars Appropriation (HB 741) The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college. TOTAL STATE FUNDS $0 $0 $62,000,000 Lottery Proceeds $0 $0 $62,000,000 TOTAL PUBLIC FUNDS $0 $0 $62,000,000 872 JOURNAL OF THE SENATE 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 $692,684 $692,684 $692,684 State General Funds $692,684 $692,684 $692,684 TOTAL PUBLIC FUNDS $692,684 $692,684 $692,684 345.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 345.2 Increase funds to reflect an adjustment in telecommunications expenses. $11,565 $11,565 $11,565 State General Funds $184 $184 $184 345.100-Nonpublic Postsecondary Education Commission Appropriation (HB 741) 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 $704,433 $704,433 $704,433 State General Funds $704,433 $704,433 $704,433 TOTAL PUBLIC FUNDS $704,433 $704,433 $704,433 Section 46: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Section Total - Continuation $793,000 $793,000 $793,000 $793,000 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $30,061,428 $30,061,428 Section Total - Final $692,992 $692,992 $29,268,428 $692,992 $692,992 $29,268,428 $793,000 $793,000 $29,268,428 $29,268,428 $29,268,428 $30,061,428 $692,992 $692,992 $29,268,428 THURSDAY, FEBRUARY 23, 2012 873 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $29,268,428 $29,268,428 $29,961,420 $29,268,428 $29,268,428 $29,961,420 $29,268,428 $29,268,428 $29,961,420 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 $793,000 State General Funds $793,000 TOTAL PUBLIC FUNDS $793,000 346.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($100,008) $793,000 $793,000 $793,000 ($100,008) $793,000 $793,000 $793,000 ($100,008) 346.100 -Floor/COLA, Local System Fund Appropriation (HB 741) 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 $692,992 $692,992 $692,992 State General Funds $692,992 $692,992 $692,992 TOTAL PUBLIC FUNDS $692,992 $692,992 $692,992 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 874 JOURNAL OF THE SENATE 347.100-System Administration Appropriation (HB 741) 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 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 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 2012. Section 47: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $313,270,886 $313,270,886 $313,270,886 $313,270,886 $67,104,084 $67,104,084 $67,104,084 $67,104,084 $268,710,000 $268,710,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $100,000 $100,000 $100,000 $100,000 $266,510,000 $266,510,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $650,444,970 $650,444,970 $313,270,886 $313,270,886 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $650,444,970 TOTAL STATE FUNDS State General Funds Section Total - Final $314,867,975 $314,867,975 $314,867,975 $314,867,975 $314,867,975 $314,867,975 THURSDAY, FEBRUARY 23, 2012 875 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $652,042,059 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $652,042,059 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $652,042,059 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 $12,828,054 $12,828,054 $12,828,054 State General Funds $12,828,054 $12,828,054 $12,828,054 TOTAL FEDERAL FUNDS $19,110,000 $19,110,000 $19,110,000 Federal Funds Not Itemized $19,110,000 $19,110,000 $19,110,000 TOTAL AGENCY FUNDS $5,480,000 $5,480,000 $5,480,000 Intergovernmental Transfers $2,100,000 $2,100,000 $2,100,000 Intergovernmental Transfers Not Itemized $2,100,000 $2,100,000 $2,100,000 Sales and Services $3,380,000 $3,380,000 $3,380,000 Sales and Services Not Itemized $3,380,000 $3,380,000 $3,380,000 TOTAL PUBLIC FUNDS $37,418,054 $37,418,054 $37,418,054 348.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 348.2 Reduce funds to reflect an adjustment in telecommunications expenses. $317,037 $317,037 $317,037 State General Funds ($154) ($154) ($154) 876 JOURNAL OF THE SENATE 348.100 -Adult Literacy Appropriation (HB 741) 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 $13,144,937 $13,144,937 $13,144,937 State General Funds $13,144,937 $13,144,937 $13,144,937 TOTAL FEDERAL FUNDS $19,110,000 $19,110,000 $19,110,000 Federal Funds Not Itemized $19,110,000 $19,110,000 $19,110,000 TOTAL AGENCY FUNDS $5,480,000 $5,480,000 $5,480,000 Intergovernmental Transfers $2,100,000 $2,100,000 $2,100,000 Intergovernmental Transfers Not Itemized $2,100,000 $2,100,000 $2,100,000 Sales and Services $3,380,000 $3,380,000 $3,380,000 Sales and Services Not Itemized $3,380,000 $3,380,000 $3,380,000 TOTAL PUBLIC FUNDS $37,734,937 $37,734,937 $37,734,937 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 $7,635,862 $7,635,862 $7,635,862 State General Funds $7,635,862 $7,635,862 $7,635,862 TOTAL FEDERAL FUNDS $1,995,084 $1,995,084 $1,995,084 Federal Funds Not Itemized $1,995,084 $1,995,084 $1,995,084 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $110,000 $110,000 $110,000 State Funds Transfers $110,000 $110,000 $110,000 Agency to Agency Contracts $110,000 $110,000 $110,000 TOTAL PUBLIC FUNDS $9,840,946 $9,840,946 $9,840,946 349.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 349.2 Reduce funds to reflect an adjustment in telecommunications expenses. $154,073 $154,073 $154,073 THURSDAY, FEBRUARY 23, 2012 877 State General Funds 349.3 Reduce funds for personnel and operations. State General Funds 349.4 Reduce funds for contracts. State General Funds ($417) ($122,717) ($30,000) ($417) ($122,717) ($30,000) ($417) ($122,717) ($30,000) 349.100-Departmental Administration Appropriation (HB 741) 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 $7,636,801 $7,636,801 $7,636,801 State General Funds $7,636,801 $7,636,801 $7,636,801 TOTAL FEDERAL FUNDS $1,995,084 $1,995,084 $1,995,084 Federal Funds Not Itemized $1,995,084 $1,995,084 $1,995,084 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $110,000 $110,000 $110,000 State Funds Transfers $110,000 $110,000 $110,000 Agency to Agency Contracts $110,000 $110,000 $110,000 TOTAL PUBLIC FUNDS $9,841,885 $9,841,885 $9,841,885 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 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 878 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $22,699,875 $22,699,875 $22,699,875 350.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $140,548 $140,548 $140,548 350.100 -Quick Start and Customized Services Appropriation (HB 741) 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 $12,910,423 $12,910,423 $12,910,423 State General Funds $12,910,423 $12,910,423 $12,910,423 TOTAL FEDERAL FUNDS $1,000,000 $1,000,000 $1,000,000 Federal Funds Not Itemized $1,000,000 $1,000,000 $1,000,000 TOTAL AGENCY FUNDS $8,930,000 $8,930,000 $8,930,000 Sales and Services $8,930,000 $8,930,000 $8,930,000 Sales and Services Not Itemized $8,930,000 $8,930,000 $8,930,000 TOTAL PUBLIC FUNDS $22,840,423 $22,840,423 $22,840,423 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 THURSDAY, FEBRUARY 23, 2012 879 TOTAL PUBLIC FUNDS $580,486,095 $580,486,095 $580,486,095 351.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 351.2 Reduce funds to reflect an adjustment in telecommunications expenses. $7,270,627 $7,270,627 $7,270,627 State General Funds 351.3 Reduce funds to reflect savings from closing underutilized branch locations. ($19,207) ($19,207) ($19,207) State General Funds 351.4 Reduce funds for operations. ($3,990,825) ($3,990,825) ($3,990,825) State General Funds ($2,121,876) ($2,121,876) ($2,121,876) 351.100 -Technical Education Appropriation (HB 741) 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 $281,175,814 $281,175,814 $281,175,814 State General Funds $281,175,814 $281,175,814 $281,175,814 TOTAL FEDERAL FUNDS $44,999,000 $44,999,000 $44,999,000 Federal Funds Not Itemized $44,999,000 $44,999,000 $44,999,000 TOTAL AGENCY FUNDS $254,200,000 $254,200,000 $254,200,000 Sales and Services $254,200,000 $254,200,000 $254,200,000 Sales and Services Not Itemized $254,200,000 $254,200,000 $254,200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,250,000 $1,250,000 $1,250,000 State Funds Transfers $1,250,000 $1,250,000 $1,250,000 Agency to Agency Contracts $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $581,624,814 $581,624,814 $581,624,814 Section 48: Transportation, Department of TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Section Total - Continuation $720,307,033 $720,307,033 $6,704,334 $6,704,334 $713,602,699 $713,602,699 $720,307,033 $6,704,334 $713,602,699 880 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 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 Reserved Fund Balances Reserved Fund Balances 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 State Funds Transfers Section Total - Final $747,088,850 $6,329,862 $740,758,988 $1,210,491,192 $66,861,369 $1,143,629,823 $275,264,937 $269,416,648 $269,416,648 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $747,343,850 $6,584,862 $740,758,988 $1,210,491,192 $66,861,369 $1,143,629,823 $988,365,505 $982,517,216 $982,517,216 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $747,343,850 $6,584,862 $740,758,988 $1,210,491,192 $66,861,369 $1,143,629,823 $988,365,505 $982,517,216 $982,517,216 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 THURSDAY, FEBRUARY 23, 2012 881 Agency to Agency Contracts TOTAL PUBLIC FUNDS $642,602 $642,602 $642,602 $2,233,487,581 $2,946,843,149 $2,946,843,149 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 $2,454,358 $2,454,358 $2,454,358 State General Funds $2,454,358 $2,454,358 $2,454,358 TOTAL FEDERAL FUNDS $35,537,002 $35,537,002 $35,537,002 Federal Funds Not Itemized $35,537,002 $35,537,002 $35,537,002 TOTAL AGENCY FUNDS $6,350 $6,350 $6,350 Sales and Services $6,350 $6,350 $6,350 Sales and Services Not Itemized $6,350 $6,350 $6,350 TOTAL PUBLIC FUNDS $37,997,710 $37,997,710 $37,997,710 352.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $4,744 352.2 Reduce grant funds for airport aid projects to reflect state-match requirements. $4,744 $4,744 State General Funds 352.3 Increase funds for grants for Airport Aid projects. ($55,000) $0 $0 State General Funds $200,000 $200,000 352.100 -Airport Aid Appropriation (HB 741) 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 $2,404,102 $2,659,102 $2,659,102 State General Funds $2,404,102 $2,659,102 $2,659,102 TOTAL FEDERAL FUNDS $35,537,002 $35,537,002 $35,537,002 Federal Funds Not Itemized $35,537,002 $35,537,002 $35,537,002 TOTAL AGENCY FUNDS $6,350 $6,350 $6,350 882 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,350 $6,350 $37,947,454 $6,350 $6,350 $38,202,454 $6,350 $6,350 $38,202,454 Capital Construction Projects Continuation Budget The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS 353.1 Increase funds for capital outlay projects. $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 State Motor Fuel Funds $13,891,810 $13,891,810 $13,891,810 353.2 Transfer funds from the State Road and Tollway Authority program to Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $815,267 $815,267 $815,267 353.3 Transfer surplus personnel funds in the Local Road Assistance Administration program to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $11,469,601 $11,469,601 $11,469,601 353.4 Increase funds for prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects. Reserved Fund Balances Not Itemized $117,819,793 $0 $0 353.5 Increase prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects and utilize $300,000,000 for the Northwest Corridor project. Reserved Fund Balances Not Itemized $461,542,322 $436,542,322 353.100 -Capital Construction Projects Appropriation (HB 741) The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems. TOTAL STATE FUNDS $224,816,356 $224,816,356 $224,816,356 THURSDAY, FEBRUARY 23, 2012 883 State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $224,816,356 $675,252,699 $675,252,699 $117,819,793 $117,819,793 $117,819,793 $1,017,888,848 $224,816,356 $675,252,699 $675,252,699 $461,542,322 $461,542,322 $461,542,322 $1,361,611,377 $224,816,356 $675,252,699 $675,252,699 $436,542,322 $436,542,322 $436,542,322 $1,336,611,377 Capital Maintenance Projects Continuation Budget The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS $26,154,596 $26,154,596 $26,154,596 State General Funds $0 $0 $0 State Motor Fuel Funds $26,154,596 $26,154,596 $26,154,596 TOTAL FEDERAL FUNDS $128,218,385 $128,218,385 $128,218,385 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 $154,372,981 354.1 Increase funds for prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects. Reserved Fund Balances Not Itemized $131,596,855 $357,694,882 $357,694,882 354.100 -Capital Maintenance Projects Appropriation (HB 741) The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS $26,154,596 $26,154,596 $26,154,596 State Motor Fuel Funds $26,154,596 $26,154,596 $26,154,596 TOTAL FEDERAL FUNDS $128,218,385 $128,218,385 $128,218,385 Federal Highway Admin.-Planning & Construction CFDA20.205 $128,218,385 $128,218,385 $128,218,385 TOTAL AGENCY FUNDS $131,596,855 $357,694,882 $357,694,882 Reserved Fund Balances $131,596,855 $357,694,882 $357,694,882 Reserved Fund Balances Not Itemized $131,596,855 $357,694,882 $357,694,882 TOTAL PUBLIC FUNDS $285,969,836 $512,067,863 $512,067,863 884 JOURNAL OF THE SENATE Construction Administration 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 $24,357,642 State General Funds $0 State Motor Fuel Funds $24,357,642 TOTAL FEDERAL FUNDS $64,892,990 Federal Highway Admin.-Planning & Construction CFDA20.205 $64,892,990 TOTAL AGENCY FUNDS $165,000 Sales and Services $165,000 Sales and Services Not Itemized $165,000 TOTAL PUBLIC FUNDS $89,415,632 355.1 Increase funds for prior-year motor fuel funds to meet personnel projections. Reserved Fund Balances Not Itemized $20,000,000 $24,357,642 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $50,000,000 $24,357,642 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $50,000,000 355.100-Construction Administration Appropriation (HB 741) 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 $20,165,000 $50,165,000 $50,165,000 Reserved Fund Balances $20,000,000 $50,000,000 $50,000,000 Reserved Fund Balances Not Itemized $20,000,000 $50,000,000 $50,000,000 Sales and Services $165,000 $165,000 $165,000 Sales and Services Not Itemized $165,000 $165,000 $165,000 TOTAL PUBLIC FUNDS $109,415,632 $139,415,632 $139,415,632 THURSDAY, FEBRUARY 23, 2012 885 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 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 356.100-Data Collection, Compliance and Reporting Appropriation (HB 741) 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 provide administrative support for all programs of the department. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS $51,083,000 $0 $51,083,000 $10,839,823 $51,083,000 $0 $51,083,000 $10,839,823 $51,083,000 $0 $51,083,000 $10,839,823 886 JOURNAL OF THE SENATE 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 $62,821,793 $62,821,793 $62,821,793 357.1 Increase prior-year motor fuel funds for operations. Reserved Fund Balances Not Itemized $5,000,000 $5,000,000 357.99 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, 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, 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, airports, railroads, and waterways. State General Funds $0 $0 $0 357.100-Departmental Administration Appropriation (HB 741) 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, airports, railroads, and waterways. TOTAL STATE FUNDS $51,083,000 $51,083,000 $51,083,000 State Motor Fuel Funds $51,083,000 $51,083,000 $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 $5,898,970 $5,898,970 Reserved Fund Balances $5,000,000 $5,000,000 Reserved Fund Balances Not Itemized $5,000,000 $5,000,000 Sales and Services $898,970 $898,970 $898,970 Sales and Services Not Itemized $898,970 $898,970 $898,970 TOTAL PUBLIC FUNDS $62,821,793 $67,821,793 $67,821,793 Local Maintenance and Improvement Grants Continuation Budget The purpose of this appropriation is to provide financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. TOTAL STATE FUNDS $100,642,250 $100,642,250 $100,642,250 THURSDAY, FEBRUARY 23, 2012 887 State General Funds State Motor Fuel Funds TOTAL PUBLIC FUNDS 358.1 Increase prior year motor fuel funds for local road improvement grants. $0 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 Reserved Fund Balances Not Itemized $61,369,074 $61,369,074 358.99 SAC: 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. House: 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. Governor: 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. State General Funds $0 $0 $0 358.100 -Local Maintenance and Improvement Grants Appropriation (HB 741) 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. TOTAL STATE FUNDS $100,642,250 $100,642,250 $100,642,250 State Motor Fuel Funds $100,642,250 $100,642,250 $100,642,250 TOTAL AGENCY FUNDS $61,369,074 $61,369,074 Reserved Fund Balances $61,369,074 $61,369,074 Reserved Fund Balances Not Itemized $61,369,074 $61,369,074 TOTAL PUBLIC FUNDS $100,642,250 $162,011,324 $162,011,324 Local Road Assistance Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical 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 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 888 JOURNAL OF THE SENATE 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 $69,830,871 359.1 Transfer surplus personnel funds from the Local Road Assistance Administration program to the Routine Maintenance program ($8,152,802) for operations and to the Capital Construction Projects program ($11,469,601) for capital outlay projects. State Motor Fuel Funds ($19,622,403) ($19,622,403) ($19,622,403) 359.2 Increase prior year motor fuel funds to maintain level of funding for proposed capital outlay projects. Reserved Fund Balances Not Itemized $35,499,213 $35,499,213 359.99 SAC: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. House: 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. Governor: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. State General Funds $0 $0 $0 359.100 -Local Road Assistance Administration Appropriation (HB 741) 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 $16,854,565 $16,854,565 $16,854,565 State Motor Fuel Funds $16,854,565 $16,854,565 $16,854,565 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 $36,094,446 $36,094,446 Reserved Fund Balances $35,499,213 $35,499,213 Reserved Fund Balances Not Itemized $35,499,213 $35,499,213 Intergovernmental Transfers $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 TOTAL PUBLIC FUNDS $50,208,468 $85,707,681 $85,707,681 THURSDAY, FEBRUARY 23, 2012 889 Planning Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS 360.1 Increase prior year motor fuel funds for operations. Reserved Fund Balances Not Itemized $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $2,205,072 $2,205,072 360.100 -Planning Appropriation (HB 741) 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 $3,756,074 $3,756,074 $3,756,074 State Motor Fuel Funds $3,756,074 $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 AGENCY FUNDS $2,205,072 $2,205,072 Reserved Fund Balances $2,205,072 $2,205,072 Reserved Fund Balances Not Itemized $2,205,072 $2,205,072 TOTAL PUBLIC FUNDS $18,439,878 $20,644,950 $20,644,950 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. 890 JOURNAL OF THE SENATE TOTAL STATE FUNDS $698,744 $698,744 $698,744 State General Funds $698,744 $698,744 $698,744 TOTAL PUBLIC FUNDS $698,744 $698,744 $698,744 361.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 361.2 Increase funds for increased tax assessments. $2,876 $2,876 $2,876 State General Funds 361.3 Reduce funds for personnel to reflect projected expenditures. $235,000 $235,000 $235,000 State General Funds ($66,453) ($66,453) ($66,453) 361.100 -Ports and Waterways Appropriation (HB 741) 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 $870,167 $870,167 $870,167 State General Funds $870,167 $870,167 $870,167 TOTAL PUBLIC FUNDS $870,167 $870,167 $870,167 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 $174,707 $174,707 $174,707 State General Funds $174,707 $174,707 $174,707 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 $262,946 $262,946 $262,946 362.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,257 $2,257 $2,257 THURSDAY, FEBRUARY 23, 2012 891 362.2 Reduce funds for personnel to reflect projected expenditures. State General Funds ($41,643) ($41,643) ($41,643) 362.100 -Rail Appropriation (HB 741) 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 $135,321 $135,321 $135,321 State General Funds $135,321 $135,321 $135,321 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 $223,560 $223,560 $223,560 Routine 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS 363.1 Increase funds for operations. State Motor Fuel Funds 363.2 Increase funds for contracts. State Motor Fuel Funds $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $12,180,000 $12,180,000 $12,180,000 $1,084,479 $1,084,479 $1,084,479 892 JOURNAL OF THE SENATE 363.3 Transfer surplus personnel funds from the Local Road Assistance Administration program to the Routine Maintenance program for operations. State Motor Fuel Funds $8,152,802 $8,152,802 $8,152,802 363.100 -Routine Maintenance Appropriation (HB 741) 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 $184,718,326 $184,718,326 $184,718,326 State Motor Fuel Funds $184,718,326 $184,718,326 $184,718,326 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 Agency to Agency Contracts $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $210,247,380 $210,247,380 $210,247,380 Traffic Management and Control 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 THURSDAY, FEBRUARY 23, 2012 893 364.100 -Traffic Management and Control Appropriation (HB 741) 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 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 $3,376,525 $3,376,525 $3,376,525 State General Funds $3,376,525 $3,376,525 $3,376,525 TOTAL FEDERAL FUNDS $31,324,367 $31,324,367 $31,324,367 Federal Funds Not Itemized $31,324,367 $31,324,367 $31,324,367 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 $34,706,892 $34,706,892 $34,706,892 365.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 365.2 Reduce funds for contracts for metropolitan transit planning. $24,199 $24,199 $24,199 State General Funds 365.3 Reduce funds for grants to large urbanized area transit systems. ($80,452) ($80,452) ($80,452) State General Funds ($400,000) ($400,000) ($400,000) 894 JOURNAL OF THE SENATE 365.100 -Transit Appropriation (HB 741) 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 $2,920,272 $2,920,272 $2,920,272 State General Funds $2,920,272 $2,920,272 $2,920,272 TOTAL FEDERAL FUNDS $31,324,367 $31,324,367 $31,324,367 Federal Funds Not Itemized $31,324,367 $31,324,367 $31,324,367 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 $34,250,639 $34,250,639 $34,250,639 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 $86,745,811 $86,745,811 $86,745,811 State General Funds $0 $0 $0 State Motor Fuel Funds $86,745,811 $86,745,811 $86,745,811 TOTAL FEDERAL FUNDS $148,156,201 $148,156,201 $148,156,201 Federal Highway Admin.-Planning & Construction CFDA20.205 $148,156,201 $148,156,201 $148,156,201 TOTAL PUBLIC FUNDS $234,902,012 $234,902,012 $234,902,012 366.1 Transfer funds from the Payments to State Road and Tollway Authority to the Capital Projects program for capital outlay projects. State Motor Fuel Funds ($815,267) 366.2 Increase prior year motor fuel funds for the State Road and Tollway Authority. ($815,267) ($815,267) Reserved Fund Balances Not Itemized $9,206,653 $9,206,653 366.100-Payments to the State Road and Tollway Authority Appropriation (HB 741) 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 $85,930,544 $85,930,544 $85,930,544 State Motor Fuel Funds $85,930,544 $85,930,544 $85,930,544 THURSDAY, FEBRUARY 23, 2012 895 TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $148,156,201 $148,156,201 $234,086,745 $148,156,201 $148,156,201 $9,206,653 $9,206,653 $9,206,653 $243,293,398 $148,156,201 $148,156,201 $9,206,653 $9,206,653 $9,206,653 $243,293,398 Economic Development Infrastructure Grants Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 888.1 Increase funds for infrastructure grants needed for economic development projects. Reserved Fund Balances Not Itemized $25,000,000 888.99 SAC: The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. State General Funds $0 888.100-Economic Development Infrastructure Grants Appropriation (HB 741) The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $25,000,000 $25,000,000 $25,000,000 $25,000,000 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 the State Treasurer, attached agency 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. 896 JOURNAL OF THE SENATE c.) 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. d.) 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. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses. Further, from all appropriations of motor fuel funds for prior fiscal years through the fiscal year ending June 30, 2011, the balances that remain unexpended and not contractually obligated and that are not for the purpose of grants to local governments or for payment of public debt are re-allocated in this bill to the programs listed below, (or in proportionate amounts if the total be otherwise), within the fund source line item, "Reserved Fund Balances Not Itemized," as follows: 353.100 Capital Construction Projects $436,542,322 354.100 Capital Maintenance Projects $357,694,882 355.100 Construction Administration $50,000,000 357.100 Departmental Administration $5,000,000 358.100 Local Maintenance and Improvement Grants $61,369,074 359.100 Local Road Assistance Administration $35,499,213 360.100 Planning $2,205,072 366.100 Payments to State Road and Tollway Authority $9,206,653 888.100 Economic Development Infrastructure Grants $25,000,000 Section 49: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $20,536,594 $20,536,594 $20,536,594 $20,536,594 $18,178,053 $18,178,053 $18,178,053 $18,178,053 $38,714,647 $38,714,647 $20,536,594 $20,536,594 $18,178,053 $18,178,053 $38,714,647 THURSDAY, FEBRUARY 23, 2012 897 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $20,315,285 $20,315,285 $18,173,897 $18,173,897 $38,489,182 $20,315,285 $20,315,285 $18,173,897 $18,173,897 $38,489,182 $20,340,315 $20,340,315 $18,148,867 $18,148,867 $38,489,182 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 $1,283,421 $1,283,421 $1,283,421 State General Funds $1,283,421 $1,283,421 $1,283,421 TOTAL PUBLIC FUNDS $1,283,421 $1,283,421 $1,283,421 367.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 367.2 Increase funds to reflect an adjustment in telecommunications expenses. $19,107 $19,107 $19,107 State General Funds 367.3 Reduce funds for contracts. $38,404 $38,404 $38,404 State General Funds ($1,200) ($1,200) ($1,200) 367.4 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Administration program for rental expenses. State General Funds $21,268 $21,268 $21,268 367.5 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program to the Administration program for telecommunications. State General Funds $6,900 $6,900 $6,900 367.100-Departmental Administration Appropriation (HB 741) 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 $1,367,900 $1,367,900 $1,367,900 898 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,367,900 $1,367,900 $1,367,900 $1,367,900 $1,367,900 $1,367,900 Georgia Veterans Memorial Cemetery Continuation Budget 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 $562,906 $562,906 $562,906 State General Funds $562,906 $562,906 $562,906 TOTAL FEDERAL FUNDS $35,700 $35,700 $35,700 Federal Funds Not Itemized $35,700 $35,700 $35,700 TOTAL PUBLIC FUNDS $598,606 $598,606 $598,606 368.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 368.2 Increase funds to reflect an adjustment in telecommunications expenses. $10,607 $10,607 $10,607 State General Funds $4,800 368.3 Replace funds for veteran burials. (S:Replace funds to reflect federal reimbursement rate) $4,800 $4,800 State General Funds ($99,930) ($99,930) ($74,900) Federal Funds Not Itemized $99,930 $99,930 $74,900 Total Public Funds: $0 $0 $0 368.4 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Georgia Veterans Memorial Cemetery program for energy expenses and personnel. State General Funds $35,898 $35,898 $35,898 368.5 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program to the Georgia Veterans Memorial Cemetery program for telecommunications. State General Funds $3,475 $3,475 $3,475 368.100-Georgia Veterans Memorial Cemetery Appropriation (HB 741) 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 $517,756 $517,756 $542,786 THURSDAY, FEBRUARY 23, 2012 899 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $517,756 $135,630 $135,630 $653,386 $517,756 $135,630 $135,630 $653,386 $542,786 $110,600 $110,600 $653,386 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 369.1 Reduce funds due to reduced average daily patient census. $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 State General Funds ($107,653) ($107,653) ($107,653) Federal Funds Not Itemized ($16,711) ($16,711) ($16,711) Total Public Funds: ($124,364) ($124,364) ($124,364) 369.2 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program to the Administration program, Georgia Veterans Memorial Cemetery program, and Veterans Benefits program. State General Funds ($49,875) ($49,875) ($49,875) 369.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 741) 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 $5,021,239 $5,021,239 $5,021,239 State General Funds $5,021,239 $5,021,239 $5,021,239 TOTAL FEDERAL FUNDS $5,271,220 $5,271,220 $5,271,220 Federal Funds Not Itemized $5,271,220 $5,271,220 $5,271,220 TOTAL PUBLIC FUNDS $10,292,459 $10,292,459 $10,292,459 900 JOURNAL OF THE SENATE 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 370.1 Reduce funds due to reduced average daily patient census. $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 State General Funds ($200,949) ($200,949) ($200,949) Federal Funds Not Itemized ($87,375) ($87,375) ($87,375) Total Public Funds: ($288,324) ($288,324) ($288,324) 370.2 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Administration program and Georgia Veterans Memorial Cemetery program. State General Funds ($57,166) ($57,166) ($57,166) 370.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 741) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,806,178 $7,806,178 $7,806,178 State General Funds $7,806,178 $7,806,178 $7,806,178 TOTAL FEDERAL FUNDS $8,143,607 $8,143,607 $8,143,607 Federal Funds Not Itemized $8,143,607 $8,143,607 $8,143,607 TOTAL PUBLIC FUNDS $15,949,785 $15,949,785 $15,949,785 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 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $5,447,207 $5,447,207 $4,623,440 $4,623,440 THURSDAY, FEBRUARY 23, 2012 901 TOTAL PUBLIC FUNDS $10,070,647 $10,070,647 $10,070,647 371.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 371.2 Increase funds to reflect an adjustment in telecommunications expenses. $79,703 $79,703 $79,703 State General Funds 371.3 Reduce funds for contracts. $36,802 $36,802 $36,802 State General Funds ($1,000) ($1,000) 371.4 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program for telecommunications. ($1,000) State General Funds $39,500 $39,500 $39,500 371.100 -Veterans Benefits Appropriation (HB 741) 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 $5,602,212 $5,602,212 $5,602,212 State General Funds $5,602,212 $5,602,212 $5,602,212 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 $10,225,652 $10,225,652 $10,225,652 Section 50: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Section Total - Continuation $21,460,870 $21,460,870 $21,460,870 $21,460,870 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $21,984,702 $21,984,702 Section Total - Final $21,767,020 $21,767,020 $21,767,020 $21,767,020 $21,460,870 $21,460,870 $523,832 $523,832 $523,832 $21,984,702 $21,767,020 $21,767,020 902 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $523,832 $523,832 $523,832 $22,290,852 $523,832 $523,832 $523,832 $22,290,852 $523,832 $523,832 $523,832 $22,290,852 Administer the Workers' Compensation Laws Continuation Budget The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $10,891,055 $10,891,055 $10,891,055 State General Funds $10,891,055 $10,891,055 $10,891,055 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 $11,349,408 $11,349,408 $11,349,408 372.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 372.2 Increase funds to reflect an adjustment in telecommunications expenses. $186,110 $186,110 $186,110 State General Funds $56,500 $56,500 $56,500 372.100-Administer the Workers' Compensation Laws Appropriation (HB 741) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,133,665 $11,133,665 $11,133,665 State General Funds $11,133,665 $11,133,665 $11,133,665 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 $11,592,018 $11,592,018 $11,592,018 THURSDAY, FEBRUARY 23, 2012 903 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 $10,569,815 $10,569,815 $10,569,815 State General Funds $10,569,815 $10,569,815 $10,569,815 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 $10,635,294 $10,635,294 $10,635,294 373.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds 373.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $32,046 $31,494 $32,046 $31,494 $32,046 $31,494 373.100 -Board Administration Appropriation (HB 741) 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 $10,633,355 $10,633,355 $10,633,355 State General Funds $10,633,355 $10,633,355 $10,633,355 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 $10,698,834 $10,698,834 $10,698,834 Section 51: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,065,192,429 $1,065,192,429 $871,557,833 $871,557,833 $193,634,596 $193,634,596 $11,353,993 $11,353,993 $11,353,993 $11,353,993 $1,076,546,422 $1,076,546,422 $1,065,192,429 $871,557,833 $193,634,596 $11,353,993 $11,353,993 $1,076,546,422 904 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $987,710,192 $794,075,596 $193,634,596 $11,353,993 $11,353,993 $999,064,185 $979,948,825 $786,314,229 $193,634,596 $11,353,993 $11,353,993 $991,302,818 $979,948,825 $786,314,229 $193,634,596 $11,353,993 $11,353,993 $991,302,818 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS $996,364,333 $996,364,333 $996,364,333 State General Funds $802,729,737 $802,729,737 $802,729,737 State Motor Fuel Funds $193,634,596 $193,634,596 $193,634,596 TOTAL FEDERAL FUNDS $11,353,993 $11,353,993 $11,353,993 Federal Funds Not Itemized $11,353,993 $11,353,993 $11,353,993 TOTAL PUBLIC FUNDS $1,007,718,326 $1,007,718,326 $1,007,718,326 374.1 Reduce funds to capture savings associated with favorable rates received with the bond sale. State General Funds 374.2 Increase funds. ($80,670,665) ($85,243,604) ($85,243,604) State General Funds $3,188,428 $0 $0 374.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $918,882,096 $725,247,500 $193,634,596 $11,353,993 $11,353,993 $930,236,089 Appropriation (HB 741) $911,120,729 $911,120,729 $717,486,133 $717,486,133 $193,634,596 $193,634,596 $11,353,993 $11,353,993 $11,353,993 $11,353,993 $922,474,722 $922,474,722 General Obligation Debt Sinking Fund - New Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 THURSDAY, FEBRUARY 23, 2012 905 Total Debt Service Total Amount State General Funds Total Principal Amount Total Amount State General Funds 375.1 Transfer the authorization of $3,000,000 in 5-year bonds from the Department of Economic Development for the Georgia Research Alliance, to the Board of Regents, University System of Georgia, for equipment and research and development infrastructure. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 375.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $68,828,096 $68,828,096 $68,828,096 Appropriation (HB 741) $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 Bond Financing Appropriated: [Bond # 1] From State General Funds, $4,398,764 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 $44,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 2] From State General Funds, $2,175,454 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 $21,820,000 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, $11,829,405 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 $118,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 4] From State General Funds, $131,105 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $1,315,000 in principal amount of General Obligation Debt, the instruments of which shall have 906 JOURNAL OF THE SENATE maturities not in excess of two hundred and forty months. [Bond # 5] From State General Funds, $2,054,745 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,895,000 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, $997,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education (Department of Education) through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 7] From State General Funds, $177,620 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 $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 8] From State General Funds, $3,280,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 9] From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 10] From State General Funds, $278,200 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 11] From State General Funds, $359,520 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, THURSDAY, FEBRUARY 23, 2012 907 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 two hundred and forty months. [Bond # 12] From State General Funds, $1,412,400 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 $16,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 13] From State General Funds, $3,852,000 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 $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 14] From State General Funds, $650,560 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 15] From State General Funds, $1,540,800 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 $18,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 16] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. 908 JOURNAL OF THE SENATE [Bond # 17] From State General Funds, $1,797,600 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 $21,000,000 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, $667,680 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 $7,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 19] From State General Funds, $342,400 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 $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 # 20] From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 21] From State General Funds, $277,200 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 $1,200,000 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, $235,400 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and THURSDAY, FEBRUARY 23, 2012 909 forty months. [Bond # 23] From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 24] From State General Funds, $607,760 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 $7,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 25] From State General Funds, $98,440 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 Twiggs County Public Library, for that library, through the issuance of not more than $1,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 26] From State General Funds, $856,000 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 # 27] From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 28] From State General Funds, $373,065 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 $1,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 29] From State General Funds, $401,940 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, 910 JOURNAL OF THE SENATE enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,740,000 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, $679,140 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 $2,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 31] From State General Funds, $467,804 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,465,000 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, $856,000 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 # 33] From State General Funds, $273,920 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 34] From State General Funds, $131,200 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 35] From State General Funds, $716,100 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 $3,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of THURSDAY, FEBRUARY 23, 2012 911 sixty months. [Bond # 36] From State General Funds, $85,600 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 $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 # 37] From State General Funds, $2,310,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 38] From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 39] From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 40] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 41] From State General Funds, $342,400 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 $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 # 42] From State General Funds, $299,600 is specifically appropriated for the purpose of financing projects and 912 JOURNAL OF THE SENATE facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 43] From State General Funds, $339,404 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 44] From State General Funds, $173,250 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 # 45] From State General Funds, $33,495 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 $145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 46] From State General Funds, $97,020 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 $420,000 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, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 48] From State General Funds, $758,835 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 $3,285,000 in principal amount of THURSDAY, FEBRUARY 23, 2012 913 General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 49] From State General Funds, $361,232 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 $4,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 50] From State General Funds, $27,720 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 $120,000 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, $129,684 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 $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 # 52] From State General Funds, $85,600 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 $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 # 53] From State General Funds, $1,155,000 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 $5,000,000 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, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 55] From State General Funds, $739,200 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, 914 JOURNAL OF THE SENATE enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,200,000 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, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 57] From State General Funds, $262,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 58] From State General Funds, $205,590 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 $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 59] From State General Funds, $642,000 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 $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 # 60] From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 61] From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Revenue by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. THURSDAY, FEBRUARY 23, 2012 915 [Bond # 62] From State General Funds, $184,800 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 # 63] From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 64] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 65] From State General Funds, $94,160 is specifically appropriated to the Department of Agriculture for the purpose of financing projects and facilities for the Georgia Agricultural Exposition Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 66] From State General Funds, $2,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 67] From State General Funds, $1,968,800 is specifically appropriated for the Georgia Environmental Finance 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 68] From State General Funds, $513,600 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the 916 JOURNAL OF THE SENATE instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 69] From State General Funds, $1,776,200 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 70] From State General Funds, $513,600 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 71] From State General Funds, $2,739,200 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 $32,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 72] From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 73] From State General Funds, $108,284 is specifically appropriated to the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 74] From State General Funds, $454,000 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 $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. Section 52: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 51 of the General Appropriations Act for state fiscal year 2011-2012 (Ga. L. 2011, Volume THURSDAY, FEBRUARY 23, 2012 917 One, Book Two Appendix, commencing at p. 1 of 231, 225, Act No. 223, 2011 Regular Session, H.B. 78), which reads as follows: Economic Development, Department of 379.613 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. is hereby amended to read as follows: University System of Georgia, Board of Regents 379.613 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. Section 53: 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 54: 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 918 JOURNAL OF THE SENATE 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 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 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 rightmost column are for informational purposes only. Except for the prior year motor fuel funds re-allocated according to the legal text at the end of Section 48, 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 56: Flex Except for the prior year motor fuel funds re-allocated according to the legal text at the end of Section 48, (notwithstanding their fund source character), and otherwise 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 THURSDAY, FEBRUARY 23, 2012 919 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. This paragraph applies to and only to the appropriations for the "Medicaid: Low-Income Medicaid" and "Medicaid: Aged, Blind, and Disabled" programs of the Department of Community Health. The appropriation of a particular State fund source for each program is the amount stated, and each program shall also be authorized up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same State fund source for the other program to that agency is reduced in the same amount, such that the stated total in program appropriations from that State fund source for the two programs is not exceeded. However, the additional amount must be from a State fund source which is lawfully available for the program to which it is added. Section 57: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Section 58: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. 920 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 1. HB 741, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Ed Harbison District 15 431 State Capitol Atlanta, GA 30334 Committees: Veterans, Military and Homeland Security Regulated Industries and Utilities Banking and Financial Institutions Interstate Cooperation Insurance and Labor Reapportionment and Redistricting The State Senate Atlanta, Georgia 30334 THURSDAY, FEBRUARY 23, 2012 921 February 23, 2012 Honorable Bob Ewing Secretary of Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary, I wish my vote to be recorded as yes on HB 741 which was cast incorrectly today. Sincerely, /s/ Ed Harbison Senator, 15th District At 12:43 p.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. the President called the Senate to order. The Calendar was resumed. SB 378. By Senators Carter of the 1st, Williams of the 19th, McKoon of the 29th, Bethel of the 54th and Jackson of the 2nd: 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 revise a definition; to provide for certain changes to the definition of written prescriptions for dangerous drugs; to add to provisions concerning unlawful offering or selling of certain drugs; to provide for increase of penalties for violation of certain 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 378: 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 revise a definition; to provide for certain changes to the definition of written prescriptions for dangerous drugs; to add to provisions concerning 922 JOURNAL OF THE SENATE unlawful offering or selling of certain drugs; to provide for increase of penalties for violation of certain laws; 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 13 of Title 16 of the Official Code of Georgia Annotated, relating to controlled substances, is amended by revising paragraph (23) of Code Section 16-13-21, relating to definitions, as follows: "(23) 'Practitioner' means: (A) A physician, dentist, pharmacist, podiatrist, scientific investigator, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state or any other state or territory in the United States 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." SECTION 2. Said chapter is further amended by revising Code Section 16-13-74, relating to written prescriptions for dangerous drugs, content, and signature, as follows: "16-13-74. (a) All written prescription drug orders for dangerous drugs and controlled substances shall be dated as of, and be signed on, the date when issued and shall bear the name and address of the patient, together with the name and strength of the drug, the quantity to be dispensed, complete directions for administration, the printed name, address, and telephone number of the practitioner, and the number of permitted refills. A prescription drug order for a dangerous drug is not required to bear the DEA permit number of the prescribing practitioner. A prescription drug order for a dangerous drug or controlled substance may be prepared by the practitioner or the practitioner's agent. The practitioner's signature must appear on each prescription prepared by the practitioner or the practitioner's agent and the nature of the practitioner's signature must THURSDAY, FEBRUARY 23, 2012 923 meet the guidelines set forth in Chapter 4 of Title 26, the regulations promulgated by the State Board of Pharmacy, or both such guidelines and regulations. Any practitioner who shall dispense dangerous drugs or controlled substances shall comply with the provisions of Code Section 16-13-73. This subsection shall not apply to prescription drug orders written for and administered to hospital patients. (b) Any practitioner of the healing arts who fails to comply with subsection (a) of this Code section shall be guilty of a misdemeanor." SECTION 3. Said chapter is further amended by revising Code Section 16-13-78.2, relating to possession, manufacture, delivery, distribution, or sale of counterfeit substances, as follows: "16-13-78.2. (a) Except as authorized by this article, it is unlawful for any person to possess, have under his or her control, manufacture, deliver, distribute, dispense, administer, sell, offer or attempt to sell, or possess with intent to distribute a drug that is marked as a drug sample, adulterated, or misbranded; or a counterfeit substance as defined by Code Section 16-13-21 or under the provisions of the Federal Food, Drug, and Cosmetic Act. Any person who violates this Code section shall be guilty of a misdemeanor felony and upon conviction thereof shall be punished by not less than five years imprisonment or by a fine not to exceed $100,000.00 or both. (b) This Code section shall not apply to drug samples lawfully possessed by any practitioner or facility for distribution or dispensing to patients at no cost." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton 924 JOURNAL OF THE SENATE Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Gooch Y Grant Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S E Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 378, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Steve Gooch Transportation District 51 Economic Development 321-B Coverdell Legislative Office Building Government Oversight Atlanta, GA 30334 State Institutions and Property State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 2/23/12 I respectfully request the submission of a YES vote on SB 378 /s/ Steve Gooch, 51 SB 382. By Senators Shafer of the 48th and Bethel of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, FEBRUARY 23, 2012 925 The Senate Reapportionment and Redistricting Committee offered the following substitute to SB 382: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-1, relating to election of Public Service Commissioners and terms of office, as follows: "46-2-1. (a) The Georgia Public Service Commission shall consist of five members to be elected as provided in this Code section. The members in office on January 1, 2000 2012, and any member appointed or elected to fill a vacancy in such membership prior to the expiration of a term of office shall continue to serve out their respective terms of office. As terms of office expire, new members elected to the commission shall be required to be residents of one of five Public Service Commission Districts as hereafter provided, but each member of the commission shall be elected state wide by the qualified voters of this state who are entitled to vote for members of the General Assembly. Except as otherwise provided in this Code section, the election shall be held under the same rules and regulations as apply to the election of Governor. The Commissioners, who shall give their entire time to the duties of their offices, shall be elected at the general election next preceding the expiration of the terms of office of the respective incumbents. Their terms of office shall be six years and shall expire on December 31. (b) In order to be elected as a member of the commission from a Public Service Commission District, a person must shall have resided in that district for at least 12 months prior to election thereto. A person elected as a member of the commission from a Public Service Commission District by the voters of Georgia must shall continue to reside in that district during the person's term of office, or that office shall thereupon become vacant. (c) For the purpose of electing the members of the Public Service Commission, the this state shall be divided into five Public Service Commission Districts described as follows: 926 JOURNAL OF THE SENATE District 001 Appling County Atkinson County Bacon County Baker County Ben Hill County Berrien County Bleckley County Brantley County Brooks County Bryan County Bulloch County Calhoun County Camden County Candler County Charlton County Chatham County Chattahoochee County Clay County Clinch County Coffee County Colquitt County Cook County Crisp County Decatur County Dodge County Dooly County Dougherty County Early County Echols County Effingham County Evans County Glynn County Grady County Irwin County Jeff Davis County Lanier County Laurens County Lee County Liberty County Long County Lowndes County Macon County THURSDAY, FEBRUARY 23, 2012 927 Marion County McIntosh County Miller County Mitchell County Montgomery County Pierce County Pulaski County Quitman County Randolph County Schley County Seminole County Stewart County Sumter County Tattnall County Telfair County Terrell County Thomas County Tift County Toombs County Treutlen County Turner County Ware County Wayne County Webster County Wheeler County Wilcox County Worth County District 002 Baldwin County Barrow County Bibb County Burke County Butts County Clarke County Columbia County Crawford County Elbert County Emanuel County Glascock County Greene County Gwinnett County Tract: 504.15 928 JOURNAL OF THE SENATE Tract: 504.16 Tract: 504.29 Tract: 504.30 Tract: 505.09 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 BG: 3 BG: 4 Tract: 505.14 BG: 1 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1020 1021 1039 1040 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2011 2012 2013 2014 2015 2042 2043 2057 2058 2999 Tract: 505.16 BG: 1 BG: 2 2000 2001 2002 2008 2009 2010 2011 2012 2013 2022 2023 2024 2025 2026 2027 2028 2029 2030 BG: 5 Tract: 505.20 BG: 1 1000 BG: 2 2033 2034 2035 Tract: 505.21 BG: 3 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3022 3023 3024 BG: 4 4006 4007 4008 Tract: 505.22 Tract: 506.02 Tract: 506.03 BG: 2 2010 2011 2038 2039 2040 2041 2042 2043 2044 Tract: 506.04 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 THURSDAY, FEBRUARY 23, 2012 929 2024 2025 2051 2052 2053 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 BG: 3 Tract: 507.04 Tract: 507.05 Tract: 507.09 Tract: 507.13 Tract: 507.14 Tract: 507.15 Tract: 507.16 Tract: 507.17 Tract: 507.18 Tract: 507.19 Tract: 507.20 Tract: 507.21 Hancock County Houston County Jackson County Jasper County Jefferson County Jenkins County Johnson County Jones County Lincoln County Madison County McDuffie County Monroe County Morgan County Newton County Oconee County Oglethorpe County Peach County Putnam County Richmond County Rockdale County Screven County Taliaferro County Taylor County Twiggs County Walton County Warren County Washington County Wilkes County 930 Wilkinson County District 003 Clayton County DeKalb County Fulton County District 004 Banks County Bartow County Catoosa County Chattooga County Cherokee County Dade County Dawson County Fannin County Floyd County Forsyth County Franklin County Gilmer County Gordon County Gwinnett County Tract: 501.03 Tract: 501.04 Tract: 501.05 Tract: 501.06 Tract: 502.02 Tract: 502.04 Tract: 502.05 Tract: 502.06 Tract: 502.07 Tract: 503.04 Tract: 503.06 Tract: 503.07 Tract: 503.08 Tract: 503.09 Tract: 503.10 Tract: 503.11 Tract: 503.12 Tract: 503.13 Tract: 503.14 Tract: 503.15 Tract: 503.16 JOURNAL OF THE SENATE THURSDAY, FEBRUARY 23, 2012 931 Tract: 504.03 Tract: 504.10 Tract: 504.11 Tract: 504.17 Tract: 504.18 Tract: 504.19 Tract: 504.20 Tract: 504.21 Tract: 504.22 Tract: 504.23 Tract: 504.24 Tract: 504.25 Tract: 504.26 Tract: 504.27 Tract: 504.28 Tract: 505.07 Tract: 505.09 BG: 2 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 Tract: 505.10 Tract: 505.11 Tract: 505.12 Tract: 505.13 Tract: 505.14 BG: 1 1016 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 BG: 2 2010 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2059 2060 2061 Tract: 505.15 Tract: 505.16 BG: 2 2003 2004 2005 2006 2007 2014 2015 2016 2017 2018 2019 2020 2021 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 Tract: 505.17 Tract: 505.18 Tract: 505.19 Tract: 505.20 932 JOURNAL OF THE SENATE BG: 1 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 Tract: 505.21 BG: 3 3021 BG: 4 4000 4001 4002 4003 4004 4005 4009 4010 BG: 5 Tract: 506.03 BG: 1 BG: 2 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 Tract: 506.04 BG: 2 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2054 2055 2056 2057 2058 2059 Tract: 507.12 Habersham County Hall County Hart County Lumpkin County Murray County Pickens County Rabun County Stephens County Towns County Union County Walker County White County Whitfield County District 005 Carroll County THURSDAY, FEBRUARY 23, 2012 933 Cobb County Coweta County Douglas County Fayette County Haralson County Harris County Heard County Henry County Lamar County Meriwether County Muscogee County Paulding County Pike County Polk County Spalding County Talbot County Troup County Upson County District 001 Appling County Atkinson County Bacon County Baker County Ben Hill County Berrien County Brantley County Brooks County Bryan County Bulloch County Calhoun County Camden County Candler County Charlton County Chatham County Chattahoochee County Clay County Clinch County Coffee County Colquitt County Cook County Crisp County Decatur County 934 Dodge County Dooly County Dougherty County Early County Echols County Effingham County Evans County Glynn County Grady County Irwin County Jeff Davis County Lanier County Lee County Liberty County Long County Lowndes County Macon County Marion County McIntosh County Miller County Mitchell County Montgomery County Muscogee County Pierce County Pulaski County Quitman County Randolph County Schley County Seminole County Stewart County Sumter County Tattnall County Telfair County Terrell County Thomas County Tift County Toombs County Turner County Ware County Wayne County Webster County Wheeler County Wilcox County JOURNAL OF THE SENATE THURSDAY, FEBRUARY 23, 2012 935 Worth County District 002 Baldwin County Barrow County Bibb County Bleckley County Burke County Clarke County Emanuel County Glascock County Greene County Gwinnett County Hancock County Houston County Jackson County Jasper County Jefferson County Jenkins County Johnson County Jones County Laurens County Morgan County Newton County Oconee County Putnam County Screven County Treutlen County Twiggs County Walton County Washington County Wilkinson County District 003 Clayton County DeKalb County Fulton County Rockdale County District 004 Banks County Bartow County Catoosa County Chattooga County 936 Cherokee County Columbia County Dade County Dawson County Elbert County Fannin County Floyd County Forsyth County Franklin County Gilmer County Gordon County Habersham County Hall County Hart County Lincoln County Lumpkin County Madison County McDuffie County Murray County Oglethorpe County Pickens County Rabun County Richmond County Stephens County Taliaferro County Towns County Union County Walker County Warren County White County Whitfield County Wilkes County District 005 Butts County Carroll County Cobb County Coweta County Crawford County Douglas County Fayette County Haralson County Harris County JOURNAL OF THE SENATE THURSDAY, FEBRUARY 23, 2012 937 Heard County Henry County Lamar County Meriwether County Monroe County Paulding County Peach County Pike County Polk County Spalding County Talbot County Taylor County Troup County Upson County (d) The first members of the commission elected under this Code section shall be elected thereto on the Tuesday next following the first Monday in November, 2000 2012, from Public Service Commission Districts 3 and 5, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years and until the election and qualification of their respective successors. Those members of the commission elected thereto on the Tuesday next following the first Monday in November, 2002 2014, from Public Service Commission Districts 1 and 4 shall take office on the first day of January immediately following that election and shall serve for terms of office of six years and until the election and qualification of their respective successors. The member of the commission elected thereto on the Tuesday next following the first Monday in November, 2004 2016, from Public Service Commission District 2 shall take office on the first day of January immediately following that election and shall serve for a term of office of six years and until the election and qualification of his or her respective successor. All future successors to members of the commission whose terms of office are to expire shall be elected at the state-wide general election immediately preceding the expiration of such terms, shall take office on the first day of January immediately following that election, and shall serve for terms of office of six years. (e) For purposes of this Code section: (1) The terms 'Tract' and 'BG' (Block Group) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. The separate numeric designations in a Tract description which are underneath a 'BG' heading shall mean and describe individual Blocks within a Block Group as provided in the report of the Bureau of the Census for the United States decennial census of 2000 for the State of Georgia. (2) Except as otherwise provided in the description of any Public Service Commission District, whenever the description of any Public Service Commission District refers to a named city, it shall mean the geographical boundaries of that city 938 JOURNAL OF THE SENATE as shown on the census maps for the United States decennial census of 2000 for the State of Georgia. (3) Any part of the State of Georgia which is not included in any Public Service Commission District described in subsection (c) of this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia. (4) Any part of the State of Georgia which is described in subsection (c) of this Code section as being included in a particular Public Service Commission District shall nevertheless not be included within such Public Service Commission District if such part is not contiguous to such Public Service Commission District. Such noncontiguous part shall instead be included within that Public Service Commission District contiguous to such part which contains the least population according to the United States decennial census of 2000 for the State of Georgia." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares Y Jones Y Ligon Loudermilk Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer Y Sims N Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S E Tippins THURSDAY, FEBRUARY 23, 2012 939 Y Ginn Y Goggans Y Golden Gooch Y Grant Y McKoon Y Millar Y Miller N Mullis Y Murphy Y Tolleson N Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 36, nays 15. SB 382, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Committees: Senator Steve Gooch Transportation District 51 Economic Development 321-B Coverdell Legislative Office Building Government Oversight Atlanta, GA 30334 State Institutions and Property State and Local Governmental Operations The State Senate Atlanta, Georgia 30334 2/23/12 I respectfully request a yes vote on SB 382. /s/ Steve Gooch, 51 Senator Staton of the 18th recognized the Tattnall Square Academy Trojans football team on their GISA AAA State Championship, commended by SR 965, adopted previously. Head Coach Barney Hester addressed the Senate briefly. The Calendar was resumed. SB 385. By Senators Shafer of the 48th, Goggans of the 7th, Bethel of the 54th and McKoon of the 29th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection; to revise certain provisions regarding reinsurance; to provide for related matters; to repeal conflicting laws; and for other purposes. 940 JOURNAL OF THE SENATE The Senate Insurance and Labor Committee offered the following substitute to SB 385: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance to extend to state, federal, or international regulatory law enforcement; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection to include state participation in certain agreements with other states; to revise certain provisions regarding reinsurance; to revise certain provisions regarding reinsurance credits applicable to an assuming insurer licensed in its state of domicile or of certain alien assuming insurers; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsections (g) and (i) of Code Section 33-2-14, relating to preparation of written reports of examinations generally, certification of reports, admissibility in evidence, notice and hearing on reports, and use of examination documents, as follows: "(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, analysis, recorded information, documents, copies information received from another state, and any other materials created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter or in the course of analysis by the Commissioner of the financial condition or market conduct of a company must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained." "(i) Nothing contained in this Code section shall prevent or be construed as prohibiting the Commissioner from disclosing the contents of an examination report, preliminary examination report, or results or any matter relating thereto to the insurance department of this or any other state or country or to work papers, analysis, information, or a document described in subsection (g) of this Code section to state, federal, or international regulatory agencies or state, federal, or international law enforcement officials of this or any other state or agency of the federal government at any time authorities so long as such agency or office receiving the report or matter relating thereto recipient agrees in writing to treat such report confidentially and in a manner consistent with this title." THURSDAY, FEBRUARY 23, 2012 941 SECTION 2. Said title is further amended by revising subsection (b) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business and computation and allocation of tax, as follows: "(b) If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44 and a surplus line policy covers risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state." SECTION 3. Said title is further amended by revising subsection (b) of Code Section 33-5-33, relating to filing of report by persons procuring insurance with unauthorized insurers and levy, collection, and disposition of tax by persons procuring such insurance, and adding a new subsection to read as follows: "(b) For If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his property or interests, a tax at the rate of 4 percent of the gross premium paid for any such insurance covering risks or exposures located or to be performed both in and out of this state, after deduction of return premiums, if any. The sum payable shall be computed based upon an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state. Such tax shall be paid to the Commissioner coincidentally with the filing of the report provided for in subsection (a) of this Code section. (b.1) If this state does not participate in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-544, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his or her property or interests both in and out of this state, a tax at the rate of 4 percent of the gross premium paid for any such insurance, after deduction of return premiums, if any. Such tax shall be paid to the Commissioner coincidently with the filing of the report provided for in subsection (a) of this Code section." SECTION 4. Said title is further amended by revising Code Section 33-5-41, relating to Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for 942 JOURNAL OF THE SENATE collection of insurance premium taxes, as follows: "33-5-41. The Governor, on behalf of the state, advised by and in consultation with the Commissioner of Insurance, is authorized to enter into a cooperative agreement, compact, or reciprocal agreement with another state or states for the purpose of the collection of insurance premium taxes imposed by Code Section Sections 33-5-31 and 33-5-33." SECTION 5. Said title is further amended by revising Code Section 33-7-14, relating to reinsurance of risks, as follows: "33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), or (5), or (6) of this subsection. Credit shall be allowed under paragraph (1), (2), or (3) of this subsection only with respect to cessions of those kinds of classes of business for which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile, or in the case of a United States branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) (7) of this subsection must shall also be met: (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer by the Commissioner in this state. An accredited In order to be eligible for accreditation, a reinsurer is one which shall: (A) Files File with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submits Submit to this state's authority to examine its books and records; (C) Is Be licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer, is be entered through and licensed to transact insurance or reinsurance in at least one state; and (D) Files File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and: (i) Maintains a surplus with regard to policyholders in an amount which is not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or (ii) Maintains a surplus with regard to policyholders in an amount less than $20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and hearing; THURSDAY, FEBRUARY 23, 2012 943 (E) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount of not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after the submission of its application; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer: (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Subparagraph (A) of this paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; (4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million; provided, however, that, at any time after the assuming insurer has permanently discontinued underwriting new business secured by trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction of the required trusteed surplus, but only after a finding, based upon an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than 30 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers covered 944 JOURNAL OF THE SENATE by the trust. In the case of a group including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's in an amount not less than the respective underwriters' liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group for all years of account; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and, within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, the group shall make available provide to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator or, if a certification is unavailable, financial statements prepared by and its independent public accountants of each member of the group. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and financial statements prepared by its independent public accountant. (C) Such trust shall be established in a form Credit for reinsurance shall not be granted under this paragraph unless the form of the trust and any amendments to the trust have been approved by the Commissioner commissioner of the state where the trust is domiciled or the commissioner of another state, who, pursuant to the terms of the trust agreement, has accepted principal regulatory oversight of the trust. The form of the trust and any trust amendments also shall be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instruments instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as THURSDAY, FEBRUARY 23, 2012 945 determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's investments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and if such assuming insurer has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection. (A) In order to be eligible for certification, the assuming insurer shall meet the following requirements: (i) The assuming insurer shall be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner pursuant to subparagraph (C) of this paragraph; (ii) The assuming insurer shall maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation; (iii) The assuming insurer shall maintain financial strength ratings from two or more rating agencies deemed acceptable by the Commissioner pursuant to regulation; (iv) The assuming insurer shall agree to submit to the jurisdiction of this state, appoint the Commissioner as its agent for service of process in this state, and agree to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment; (v) The assuming insurer shall agree to meet applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and (vi) The assuming insurer shall satisfy any other requirements for certification deemed relevant by the Commissioner. (B) An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of subparagraph (A) of this paragraph: (i) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents, net of liabilities, of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association of any of its members, in an amount determined by the Commissioner to provide adequate protection; 946 JOURNAL OF THE SENATE (ii) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and (iii) Within 90 days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association. (C) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the Commissioner as a certified reinsurer. (i) In order to determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction shall agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered in the discretion of the Commissioner. (ii) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners (NAIC) Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions. If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations. (iii) United States jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions. (iv) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation. (D) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings. THURSDAY, FEBRUARY 23, 2012 947 (E) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subparagraph at a level consistent with its rating, as specified in regulations promulgated by the Commissioner. (i) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of subsection (b) of this Code section, or in a multibeneficiary trust in accordance with paragraph (4) of this subsection, except as otherwise provided in this paragraph. (ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to paragraph (4) of this subsection, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations subject to paragraph (4) of this subsection. It shall be a condition to the grant of certification under this paragraph that the certified reinsurer shall have bound itself, by the language of the trust and agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account. (iii) The minimum trusteed surplus requirements provided in paragraph (4) of this subsection are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million. (iv) With respect to obligations incurred by a certified reinsurer under this subparagraph, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and shall have the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due. (v) For purposes of this subparagraph, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100 percent of its obligations: (I) As used in this subparagraph, the term 'terminated' refers to revocation, suspension, voluntary surrender, and inactive status. (II) If the Commissioner continues to assign a higher rating as permitted by other provisions of this paragraph, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended. (F) If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the Commissioner shall have the discretion to defer to that 948 JOURNAL OF THE SENATE jurisdiction's certification, and shall have the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state. (G) A certified reinsurer that ceases to assume new business in this state may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this paragraph, and the Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business; (6) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), (4) or (5) of this subsection, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction; (6)(7) If the assuming insurer is not licensed, or accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That, in the event of the failure of the assuming insurer to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will shall comply with all requirements necessary to give the court jurisdiction, and will shall abide by the final decision of such the court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company insurer. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement; (8) If the assuming insurer does not meet the requirements of paragraph (1), (2), or (3) of this subsection, the credit permitted by paragraph (4) or (6) of this subsection shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions: (A) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subparagraphs (A) and (B) of paragraph (4) of this subsection, as applicable, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund; THURSDAY, FEBRUARY 23, 2012 949 (B) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies; (C) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and (D) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision. (9) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer's accreditation or certification. (A) The Commissioner shall give the reinsurer notice and opportunity for hearing. The suspension or revocation shall not take effect until after the Commissioner's order on hearing, unless: (i) The reinsurer waives its right to hearing; (ii) The Commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subparagraph (F) of paragraph (5) of this subsection; or (iii) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner's action. (B) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with subsection (b) of this Code section. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with subparagraph (E) of paragraph (5) of this subsection or subsection (b) of this Code section. (10) Concentration Risk: (A) A ceding insurer shall take steps to manage its reinsurance recoverable proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurers, or group of affiliated assuming insurers, exceeds 50 percent of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. 950 JOURNAL OF THE SENATE (B) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20 percent of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (b) A An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form of: (1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Validation Office, and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of, or in the trust for, the ceding company insurer on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c)(1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such THURSDAY, FEBRUARY 23, 2012 951 standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 952 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 53, nays 0. SB 385, having received the requisite constitutional majority, was passed by substitute. SB 402. By Senators Golden of the 8th, Millar of the 40th, Stoner of the 6th, Rogers of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide a short title; to define certain terms relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to the Employees' Retirement System of Georgia; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to amend Code Section 50-1872 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 6, 2012 The Honorable Tim Golden State Senator State Capitol, Room 121-G Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Senate Bill 402 (LC 21 1594) THURSDAY, FEBRUARY 23, 2012 953 Dear Senator Golden: This bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would define the term `alternative investments' and would allow `eligible large retirement systems' to make such alternative investments. This bill would also provide limits regarding the amount of assets that may be invested in alternative investments. Under the provisions of this bill, alternative investments, in the aggregate, may not exceed 5% of the retirement system assets at any time. In the event a system is out of compliance with the limitations, this bill provides provisions for the system to come back into compliance. 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 retirement system. Finally, this bill would require large retirement systems to provide an annual report to the chairpersons of the House and Senate Retirement Committees detailing the performance of investments made pursuant to the provisions of this bill. It should be noted that this legislation excludes the Teachers Retirement System from participating in such investment practices. This is to certify that this bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The Senate Retirement Committee offered the following substitute to SB 402: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide a short title; to define certain terms and limitations relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to certain retirement systems and certain other large retirement systems; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to provide that certain public retirement systems other than the Teachers Retirement System of Georgia may invest retirement system assets in certain types of alternative investments, private placements, and other private investments; to provide that such investments may be made up to a certain amount; to shield information related to such investment from public scrutiny; to provide that the director of certain retirement systems shall provide an annual report to the Governor and the chairperson of the Senate and House of Representatives 954 JOURNAL OF THE SENATE standing committees on retirement; to provide for the contents of such report; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Employees' Retirement System of Georgia Enhanced Investment Authority Act." SECTION 2. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by revising subsection (c) of Code Section 47-20-82, relating to investing funds, eligibility, and investment limitations, as follows: "(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost. For purposes of any investment made in alternative investments pursuant to Code Section 47-7-127 or 4720-87, aggregate historical cost shall include all contractually committed, unpaid amounts." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "47-20-87. (a) As used in this Code section, the term: (1) 'Alternative investments' means the following investments: (A) Privately placed investment pools, including, without limitation, private investment funds, such as: (i) Leveraged buyout funds; (ii) Mezzanine funds; (iii) Workout funds; (iv) Debt funds; (v) Venture capital funds; (vi) Merchant banking funds; and (vii) Funds of funds and secondary funds that include investments in privately placed investment pools described in this subparagraph, in each case whether structured as a partnership, limited liability company, trust, corporation, joint venture, or other entity or investment vehicle of any type; organized or operating in one of the states or territories of the United States or outside the United States; such pool will invest in the United States or outside the United States or any combination thereof; or such pool makes THURSDAY, FEBRUARY 23, 2012 955 investments of the type described in subparagraph (B) of this paragraph or other investments of any type or any combination thereof; (B) Private placements and other private investments, including without limitation: (i) Leveraged buyouts; (ii) Venture capital investment; (iii) Equity investments, including, without limitation, preferred and common stock; (iv) Warrants; (v) Options; (vi) Private investments in public securities; (vii) Recapitalizations; (viii) Privatizations; (ix) Mezzanine debt investments; (x) Distressed debt and equity investments, including, without limitation, cases in which the investor may take control of the issuer; (xi) Other debt investments, whether secured or unsecured, senior or subordinated, recourse or nonrecourse, convertible, or otherwise; (xii) Convertible securities; (xiii) Receivables; (xiv) Interests, as such term is referred to in 11 U.S.C. Sections 501 and 502; (xv) Claims, as such term is defined in 11 U.S.C. Section 101(5); (xvi) Debt and equity derivative instruments of all types; and (xvii) All other debt and equity private placements of all types, in each case whether issued by a partnership, limited liability company, trust, corporation, joint venture, or other entity or vehicle of any type or whether the issuer is organized or does business in one of the states or territories of the United States or outside the United States; and (C) Any distribution in kind received by an eligible large retirement system in connection with any investment described in subparagraphs (A) and (B) of this paragraph. (2) 'Eligible large retirement system' means a large retirement system as defined in subsection (a) of Code Section 47-20-84; provided, however, that such term shall not include the Teachers Retirement System of Georgia. (b) In addition to the eligible investments authorized by Code Section 47-20-82, and without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-2084, an eligible large retirement system is authorized to invest in alternative investments in accordance with the provisions of this Code section. Further, when provisions of Code Section 47-20-83 or 47-20-84 or any provisions of this article other than this Code section limit a particular form of investment to a certain percentage of retirement system assets, the denominator will include alternative investments with all other investments, but the numerator for any such calculation shall not include any alternative investments, even if any such alternative investment is of a like kind as the investments that are included in the numerator. 956 JOURNAL OF THE SENATE (c) An alternative investment shall not exceed in any case 20 percent of the aggregate amount of: (1) The capital to be invested in the applicable private pool, including all parallel pools and other related investment vehicles established as part of the investment program of the applicable private pool; and (2) The securities being issued in the applicable private placement, in each case determined at the time such alternative investment is initially either made or committed to be made, as applicable, but taking into consideration any investments that have previously been or are concurrently being made or committed to be made. Each alternative investment by an eligible large retirement system shall have previously been or shall be concurrently made or committed to be made by at least four other investors not affiliated with the issuer. Such four other investors shall be investing on substantially the same terms and conditions as those applicable to the investment by the eligible large retirement system to the extent such other investors are similarly situated with the eligible large retirement system. Alternative investments shall only be made in private pools and issuers that have at least $100 million in assets, including committed capital, at the time the investment is initially made or committed to be made by an eligible large retirement system. (d) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 5 percent of the eligible large retirement system assets at any time. The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and that is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. If the eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance, the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance. (e) The provisions of this subsection shall apply only to the Employees' Retirement System of Georgia. New commitments to alternative investments shall not in the aggregate exceed 1 percent of the retirement system assets in any calendar year until the first occurrence that 4 1/2 percent of the retirement system assets are invested in alternative investments, at which time there shall be no limit on the percentage of commitments that may be made in any calendar year, subject to compliance with the other provisions of this Code section. (f)(1) For purposes of this subsection, the term 'information' shall include, without limitation, preinvestment and postinvestment diligence information, including reviews THURSDAY, FEBRUARY 23, 2012 957 and analyses prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment. (2) In addition to those records that are exempted from being open to inspection by the general public under Code Section 47-1-14 and except as otherwise provided in this subsection, an eligible large retirement system may in its discretion treat as confidential and withhold from public inspection and disclosure all information prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment and held by an eligible large retirement system and may agree in making an alternative investment to treat such information as confidential and withhold it from public inspection and disclosure. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, any public retirement system created by this title, other than by Chapter 5 of this title, shall make publicly available the following information, but only to the extent the following information is otherwise available or maintained by said retirement system in the normal course and only after a period of one year from the date such records were created: (A) The name of any alternative investment in which the retirement system has invested; excluding, in the case of an alternative investment in a privately placed investment pool, any information concerning the investments made by such privately placed investment pool; (B) The date the retirement system first invested in an alternative investment; (C) The aggregate amount of money, expressed in dollars, the retirement system has invested in alternative investments as of the end of any fiscal quarter; (D) The aggregate amount of money and the value of any in kind or other distribution, in each case, expressed in dollars, the retirement system received from alternative investments; (E) The internal rate of return or the result under any other such standard used by the retirement system in connection with alternative investments for the asset class and for the period for which the return or standard was calculated; and (F) The remaining cost of alternative investments in which the retirement system has invested as of the end of any fiscal quarter. (4) The provisions of this Code section shall not restrict access to information and records under process of law or by officers otherwise entitled to them for official purposes, but such information and records shall have the same confidential status under process or with such officers as it does in the hands of an eligible large retirement system, and such officers shall respect such confidentiality to the extent consistent with their separate powers and duties. (5) On the third Monday in January of each year, the director of any public retirement system created by this title, other than by Chapter 5 of this title, shall provide a report to the Governor and the chairpersons of the House and Senate standing committees on retirement detailing the performance of any investments made pursuant to this Code 958 JOURNAL OF THE SENATE section, including, without limitation, a clear statement of the aggregate loss or profit on such investments for the preceding year. This paragraph shall not be construed so as to require the disclosure of any information otherwise protected by this subsection. (g) Unless the information has been publicly released, preinvestment and postinvestment diligence information, including reviews and analyses, prepared or maintained by the eligible large retirement system or by an alternative investment firm shall be confidential and exempted from being open to inspection by the general public pursuant to Article 4 of Chapter 18 of Title 50, except to the extent it is subject to disclosure from the requirements of subsection (f) of this Code section. (h) The respective boards of trustees of eligible large retirement systems making investments authorized by this Code section shall adopt a code of ethics for the consideration of and investment in and disposition of alternative investments. (i) Funds invested pursuant to this Code section and any return on such investment shall remain funds of the retirement system." SECTION 4. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, is amended in subsection (a) by striking "or" at the end of paragraph (22), by replacing the period with "; or" at the end of paragraph (23), and by adding a new paragraph to read as follows: "(24) Records that are expressly exempt from public inspection pursuant to Code Section 47-20-87." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 15, 2012 THURSDAY, FEBRUARY 23, 2012 959 The Honorable Tim Golden State Senator State Capitol, Room 121-G Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 402 (LC 21 1671S) Dear Senator Golden: This substitute bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would define the term `alternative investments' and would allow `eligible large retirement systems' to make such alternative investments. This bill would also provide limits regarding the amount of assets that may be invested in alternative investments. Under the provisions of this bill, alternative investments, in the aggregate, may not exceed 5% of the retirement system assets at any time. In the event a system is out of compliance with the limitations, this bill provides provisions for the system to come back into compliance. 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 retirement system. Furthermore, this substitute bill would require large retirement systems to provide an annual report to the chairpersons of the House and Senate Retirement Committees detailing the performance of investments made pursuant to the provisions of this bill. It should be noted that this legislation excludes the Teachers Retirement System from participating in such investment practices. This substitute bill would also clarify how the term `aggregate historical cost' is defined for purposes of any investment made in alternative investments pursuant to O.C.G.A 477-127 and for any investment made in alternative investments by retirement systems affected by this legislation. If this legislation is enacted, `aggregate historical cost' shall include all contractually committed, unpaid amounts. This is to certify that this substitute bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor On the adoption of the substitute, there were no objections, and the committee substitute was adopted. 960 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch N Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 4. SB 402, having received the requisite constitutional majority, was passed by substitute. SR 646. By Senator Rogers of the 21st: A RESOLUTION expressing the will of the Senate to ensure the necessary conditions for expanded high-quality digital learning opportunities for the students of this state; 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 Albers Y Balfour Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris Y Ramsey THURSDAY, FEBRUARY 23, 2012 961 Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 49, nays 1. SR 646, having received the requisite constitutional majority, was adopted. HB 829. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state house districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 3), so as to revise the boundaries of certain state house districts; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Hamrick N Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson N Hooks N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims 962 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 35, nays 19. HB 829, having received the requisite constitutional majority, was passed. Senator Bethel of the 54th moved that HB 829 be immediately transmitted to the House. On the motion, there was no objection, and HB 829 was immediately transmitted. The following communications were received by the Secretary: Committees: Senator Jack Murphy Banking and Financial Institutions District 27 Appropriations 325-A Coverdell Legislative Office Building Ethics Atlanta, GA 30334 Insurance and Labor Public Safety Transportation The State Senate Atlanta, Georgia 30334 2/23/12 Please count my vote as YES on HB-829 /s/ Jack Murphy Senate District 27 THURSDAY, FEBRUARY 23, 2012 963 Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE February 23, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Gail Davenport to serve as Ex-Officio member for the Senate Public Safety Committee on February 23, 2012. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE February 23, 2012 964 JOURNAL OF THE SENATE Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Butch Miller to serve as Ex-Officio member for the Senate Public Safety Committee on February 23, 2012. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Rogers of the 21st moved that the Senate adjourn until 9:00 a.m. Friday, February 24, 2012. The motion prevailed, and the President announced the Senate adjourned at 1:54 p.m. FRIDAY, FEBRUARY 24, 2012 965 Senate Chamber, Atlanta, Georgia Friday, February 24, 2012 Twenty-fifth Legislative Day The Senate met pursuant to adjournment at 9:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 183. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Greene of the 149th, 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 provide that all persons who become members of the General Assembly on or after July 1, 2012, shall become members of the Georgia Legislative Retirement System; to provide that persons who are members of the General Assembly on July 1, 2012, but who are not members of the retirement system may elect membership; to provide for creditable service and the payment of the full actuarial value; to repeal certain obsolete provisions relative to membership by certain staff members; to provide for notification of return to service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. HB 434. By Representatives Dempsey of the 13th, Rynders of the 152nd, Purcell of the 159th, Kaiser of the 59th, Sims of the 119th and others: A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise a 966 HB 790. HB 791. HB 865. HB 875. JOURNAL OF THE SENATE definition; to revise provisions relating to requirements for licensure in social work; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives McBrayer of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), so as to change the description of the education districts; to define certain terms; 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. By Representatives McBrayer of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), so as to reapportion the commissioner districts; to define certain terms; 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. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st: A BILL to be entitled an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the O.C.G.A., relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the O.C.G.A., so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, HB 879. HB 969. HB 970. FRIDAY, FEBRUARY 24, 2012 967 preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. By Representatives Ramsey of the 72nd, Cooper of the 41st, Watson of the 163rd, Coleman of the 97th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the method of election of the members of the Board of Education of White County," approved May 13, 2008 (Ga. L. 2008, p. 4291), so as to provide for new education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Commissioners of White County," approved May 13, 2008 (Ga. L. 2008, p. 4205), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for 968 HB 973. HB 978. HB 979. JOURNAL OF THE SENATE continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Stephens of the 164th and Tankersley of the 158th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 23rd, Byrd of the 20th, Jerguson of the 22nd and Hill of the 21st: A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. By Representatives Hamilton of the 23rd, Hill of the 21st, Jerguson of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4876), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 24, 2012 969 HB 1002. By Representatives Roberts of the 154th and Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5165), so as to change the description of the commissioner districts; to reassign district numbers; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1003. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal a certain Act; to repeal conflicting laws; and for other purposes. HB 1006. By Representatives Parent of the 81st, Taylor of the 79th, Bell of the 58th, Gardner of the 57th, 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. HB 1007. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3624), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this 970 JOURNAL OF THE SENATE Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1008. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3632), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1011. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th: A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4340), so as to change the composition of the board of education and the districts from which members are elected; to provide for definitions and inclusions; to provide for the election of members and terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1012. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 24, 2012 971 HB 1013. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act to reconstitute the law governing the Jackson County School System, approved May 17, 2004 (Ga. L. 2004, p. 3619), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1016. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved April 15, 1996 (Ga. L. 1996, p. 4466), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1017. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act relative to the Board of Education of Franklin County, approved April 12, 1982 (Ga. L. 1982, p. 3753), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1018. By Representatives Maddox of the 172nd and Taylor of the 173rd: A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, particularly by an Act approved September 26, 2001 (Ga. L. Ex. Sess. 2001, p. 660), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent 972 JOURNAL OF THE SENATE members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1020. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4266), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for 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 1021. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education for Evans County, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4281), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; 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 1023. By Representative Crawford of the 16th: A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4852), so as to reconstitute the Board of Education of Polk County; to provide for seven members of such board; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for elections; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1028. By Representative Hatchett of the 143rd: A BILL to be entitled an Act to amend an Act providing the method of election of the members to the Board of Education of Laurens County, FRIDAY, FEBRUARY 24, 2012 973 approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3950), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1029. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act for the election of members of the Board of Education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), as amended, so as to provide for the election of members of the Board of Education of Screven County; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1037. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1038. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for renumbering of certain districts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; 974 JOURNAL OF THE SENATE to provide for related matters; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes. HB 1039. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for manner of election and terms of office; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1040. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Glascock County, approved April 1, 1996 (Ga. L. 1996, p. 3725), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1041. By Representatives Battles of the 15th and Coomer of the 14th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 388. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act relating to the Board of Commissioners of Decatur County, approved March 4, 1935 (Ga. L. 1935, FRIDAY, FEBRUARY 24, 2012 975 p. 630), as amended, particularly by an Act approved May 5, 2006 (Ga. L. 2006, p. 4639), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SB 389. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Decatur County, approved March 18, 1986 (Ga. L. 1986, p. 4096), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5782), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for 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 479. By Senators Thompson of the 5th and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to regulation of specialized land transactions, so as to require the purchaser of a condominium development or other property development at a foreclosure sale to take title subject to a lien in favor of the condominium or property owners' association; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Special Judiciary Committee. SB 480. 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 May 17, 2004 (Ga. L. 2004, p. 3804), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of 976 JOURNAL OF THE SENATE this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 481. By Senator Jackson of the 2nd: 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 482. By Senators Tate of the 38th and Jackson of the 2nd: 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, relating to emergency telephone number 9-1-1 system, so as to revise the fees for 9-1-1 service; to change what the money from the Emergency Telephone System Fund may be used to pay for; 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 483. By Senators Mullis of the 53rd, Rogers of the 21st, Chance of the 16th, Golden of the 8th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; 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. FRIDAY, FEBRUARY 24, 2012 977 SB 484. By Senators McKoon of the 29th, Unterman of the 45th, Hamrick of the 30th, Rogers of the 21st and Shafer of the 48th: A BILL to be entitled an Act to amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating to general provisions for torts, so as to limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity; to provide for definitions; to provide for specifications for a recreational joint-use agreement; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 485. By Senator Grant of the 25th: A BILL to be entitled an Act to amend Chapter 34A of Title 43 of the Official Code of Georgia Annotated, relating to patient right to know, so as to provide for exhaustion of administrative remedies prior to an inmate filing a complaint against a physician or other medical personnel with the Georgia Composite Medical Board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State Institutions and Property Committee. The following House legislation was read the first time and referred to committee: HB 183. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Greene of the 149th, 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 provide that all persons who become members of the General Assembly on or after July 1, 2012, shall become members of the Georgia Legislative Retirement System; to provide that persons who are members of the General Assembly on July 1, 2012, but who are not members of the retirement system may elect membership; to provide for creditable service and the payment of the full actuarial value; to repeal certain obsolete provisions relative to membership by certain staff members; to provide for notification of return to service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 978 JOURNAL OF THE SENATE HB 434. By Representatives Dempsey of the 13th, Rynders of the 152nd, Purcell of the 159th, Kaiser of the 59th, Sims of the 119th and others: A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise a definition; to revise provisions relating to requirements for licensure in social work; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 790. By Representatives McBrayer of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), so as to change the description of the education districts; to define certain terms; 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 791. By Representatives McBrayer of the 153rd and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), so as to reapportion the commissioner districts; to define certain terms; 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 865. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st: A BILL to be entitled an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the O.C.G.A., relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public FRIDAY, FEBRUARY 24, 2012 979 Safety; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the O.C.G.A., so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 879. By Representatives Ramsey of the 72nd, Cooper of the 41st, Watson of the 163rd, Coleman of the 97th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 980 JOURNAL OF THE SENATE HB 969. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the method of election of the members of the Board of Education of White County," approved May 13, 2008 (Ga. L. 2008, p. 4291), so as to provide for new education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 970. By Representatives Rogers of the 10th, Allison of the 8th and Collins of the 27th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Commissioners of White County," approved May 13, 2008 (Ga. L. 2008, p. 4205), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 973. By Representatives Stephens of the 164th and Tankersley of the 158th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 978. By Representatives Hamilton of the 23rd, Byrd of the 20th, Jerguson of the 22nd and Hill of the 21st: A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, FRIDAY, FEBRUARY 24, 2012 981 approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 979. By Representatives Hamilton of the 23rd, Hill of the 21st, Jerguson of the 22nd and Byrd of the 20th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. L. 1989, p. 4295), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4876), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1002. By Representatives Roberts of the 154th and Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5165), so as to change the description of the commissioner districts; to reassign district numbers; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1003. By Representative Roberts of the 154th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 982 JOURNAL OF THE SENATE 3992), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal a certain Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1006. By Representatives Parent of the 81st, Taylor of the 79th, Bell of the 58th, Gardner of the 57th, 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 Committee. HB 1007. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3624), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1008. By Representatives Williams of the 165th, Stephens of the 164th and Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3632), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal FRIDAY, FEBRUARY 24, 2012 983 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 1011. By Representatives Heard of the 114th, McKillip of the 115th and Williams of the 113th: A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4340), so as to change the composition of the board of education and the districts from which members are elected; to provide for definitions and inclusions; to provide for the election of members and terms of office; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1012. By Representative Benton of the 31st: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1013. By Representatives Benton of the 31st and McCall of the 30th: A BILL to be entitled an Act to amend an Act to reconstitute the law governing the Jackson County School System, approved May 17, 2004 (Ga. L. 2004, p. 3619), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the 984 JOURNAL OF THE SENATE federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1016. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved April 15, 1996 (Ga. L. 1996, p. 4466), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1017. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act relative to the Board of Education of Franklin County, approved April 12, 1982 (Ga. L. 1982, p. 3753), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1018. By Representatives Maddox of the 172nd and Taylor of the 173rd: A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, particularly by an Act approved September 26, 2001 (Ga. L. Ex. Sess. 2001, p. 660), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. FRIDAY, FEBRUARY 24, 2012 985 HB 1020. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4266), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for 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 1021. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education for Evans County, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4281), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; 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 1023. By Representative Crawford of the 16th: A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4852), so as to reconstitute the Board of Education of Polk County; to provide for seven members of such board; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for elections; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 986 JOURNAL OF THE SENATE HB 1028. By Representative Hatchett of the 143rd: A BILL to be entitled an Act to amend an Act providing the method of election of the members to the Board of Education of Laurens County, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3950), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1029. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act for the election of members of the Board of Education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), as amended, so as to provide for the election of members of the Board of Education of Screven County; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1037. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. FRIDAY, FEBRUARY 24, 2012 987 HB 1038. By Representatives McCall of the 30th and Powell of the 29th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for renumbering of certain districts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1039. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for manner of election and terms of office; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1040. By Representative Hudson of the 124th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Glascock County, approved April 1, 1996 (Ga. L. 1996, p. 3725), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1041. By Representatives Battles of the 15th and Coomer of the 14th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), 988 JOURNAL OF THE SENATE as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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: HR 1162 Do Pass SB 410 Do Pass by substitute Respectfully submitted, Senator Millar 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 725 Do Pass Respectfully submitted, Senator Crosby of the 13th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 293 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman FRIDAY, FEBRUARY 24, 2012 989 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 446 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th 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 421 SR 994 Do Pass Do Pass by substitute Respectfully submitted, Senator Shafer of the 48th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 290 Do Pass Respectfully submitted, Senator Thompson of the 5th 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 873 Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th District, Chairman 990 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 693 HB 738 HB 907 HB 975 SB 437 Do Pass Do Pass Do Pass Do Pass Do Pass HB 737 HB 860 HB 909 HB 1019 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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 373 SB 468 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 642 SB 384 SR 848 HB 800 SB 424 HB 805 SB 448 SB 299 SB 458 SB 356 SR 673 SB 365 SR 766 The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Jackson of the 2nd Grant of the 25th Stoner of the 6th Heath of the 31st Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. Senator Albers of the 56th asked unanimous consent that Senator Ligon of the 3rd be excused. The consent was granted, and Senator Ligon was excused. FRIDAY, FEBRUARY 24, 2012 991 The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Gooch Hamrick Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Jones Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Rogers Seay Shafer Sims Staton Stone Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) Harbison Ligon (Excused) Golden (Excused) Heath (Excused) Stoner (Excused) Grant (Excused) Jackson, L. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Staton of the 18th introduced the chaplain of the day, Dr. Darrell Watson of Forsyth, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1030. By Senator Rogers of the 21st: A RESOLUTION commending Emily Morrison, Sprayberry High School's 2012 STAR Student; and for other purposes. SR 1031. By Senator Rogers of the 21st: A RESOLUTION commending Sara Griffin, Kell High School's 2012 STAR Teacher; and for other purposes. 992 JOURNAL OF THE SENATE SR 1032. By Senators Rogers of the 21st and Loudermilk of the 52nd: A RESOLUTION commending James Newton, Woodstock High School's 2012 STAR Student; and for other purposes. SR 1033. By Senators Rogers of the 21st and Loudermilk of the 52nd: A RESOLUTION commending Isabel Mason, Woodstock High School's 2012 STAR Teacher; and for other purposes. SR 1034. By Senator Gooch of the 51st: A RESOLUTION commending Gloria Wentworth, Pickens County Campus of the Mountain Education Center's 2012 STAR Teacher; and for other purposes. SR 1035. By Senator Gooch of the 51st: A RESOLUTION commending Melody Ewing, Pickens County Campus of the Mountain Education Center's 2012 STAR Student; and for other purposes. SR 1036. By Senator McKoon of the 29th: A RESOLUTION recognizing the United Association for its Veterans in Piping (VIP) Program; and for other purposes. SR 1037. By Senators Millar of the 40th, Murphy of the 27th, Davis of the 22nd, Loudermilk of the 52nd, Rogers of the 21st and others: A RESOLUTION recognizing and commending Comcast for its Leaders and Achievers and Internet Essentials Programs; and for other purposes. SR 1038. By Senators McKoon of the 29th and Crane of the 28th: A RESOLUTION honoring the life and memory of Dr. Charles D. Hudson; and for other purposes. SR 1039. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION recognizing and commending Emanuel County on its bicentennial; and for other purposes. SR 1040. By Senator Tolleson of the 20th: A RESOLUTION recognizing February 28, 2012, as "A Bag's Life" Day at the capitol; and for other purposes. FRIDAY, FEBRUARY 24, 2012 993 SR 1041. By Senators Millar of the 40th, Hooks of the 14th, Shafer of the 48th, Hill of the 4th and Thompson of the 33rd: A RESOLUTION recognizing and commending the Honorable James W. Tysinger; and for other purposes. SR 1042. By Senators Davenport of the 44th, Fort of the 39th, James of the 35th, Tate of the 38th, Jones of the 10th and others: A RESOLUTION recognizing the month of March as African American Business Month at the capitol; and for other purposes. SR 1043. By Senators Orrock of the 36th, Fort of the 39th, Henson of the 41st, Carter of the 42nd, Tate of the 38th and others: A RESOLUTION recognizing and commending John Sweet for being honored with the Lifetime Achievement Award by the State Bar of Georgia and the Chief Justice's Commission on Professionalism; and for other purposes. SR 1044. By Senator Hill of the 4th: A RESOLUTION commending Mr. Bruce Yawn upon the occasion of his retirement and the closing of Snooky's Restaurant; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Friday February 24, 2012 Twenty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 437 Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of 994 HB 693 HB 737 JOURNAL OF THE SENATE education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4192), so as to revise the composition of the board of education; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Stone of the 23rd SCREVEN COUNTY A BILL to be entitled an Act to amend an Act for the election and creation of a board of commissioners for Screven County, approved December 9, 1871 (Ga. L. 1871-72, p. 231), as amended, particularly by an Act approved August 19, 1912 (Ga. L. 1912, p. 456), by an Act approved August 16, 1915 (Ga. L. 1915, p. 345), by an Act approved April 3, 1972 (Ga. L. 1972, p. 3495), and by an Act approved April 1, 2002 (Ga. L. 2002, p. 3650), so as to provide for the election of members of the board of commissioners of Screven County; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Jeffares of the 17th Cowsert of the 46th WALTON COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Walton County, approved August 1, 1929 (Ga. L. 1929, p. 747), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4503), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 738 HB 860 HB 907 FRIDAY, FEBRUARY 24, 2012 995 Jeffares of the 17th Cowsert of the 46th WALTON COUNTY A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Walton County, approved April 4, 1968 (Ga. L. 1968, p. 2974), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4511), so as to change provisions relating to education districts for the board; to define certain terms; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Golden of the 8th LOWNDES COUNTY A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Lowndes County, approved April 13, 1992 (Ga. L. 1992, p. 5827), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4340), so as to change the description of the educational districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Ginn of the 47th Miller of the 49th JACKSON COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to create a board of county commissioners for the county of Jackson," approved December 18, 1901 (Ga. L. 1901, p. 257), as amended, particularly by an Act approved May 18, 2007 (Ga. L. 2007, p. 4030), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 996 JOURNAL OF THE SENATE HB 909 Ginn of the 47th Miller of the 49th CITY OF JEFFERSON A BILL to be entitled an Act to amend an Act establishing a system of public schools in the City of Jefferson, Georgia, approved July 30, 1912 (Ga. L. 1912, p. 1019), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4007), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1019 Millar of the 40th CITY OF DORAVILLE A BILL to be entitled an Act to amend an Act to reincorporate the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to provide for the filling of vacancies in the offices of mayor and councilmember; to provide for related matters; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: HB 975 Wilkinson of the 50th HABERSHAM COUNTY A BILL to be entitled an Act to provide a homestead exemption from Habersham County school district ad valorem taxes for educational purposes in the amount of $130,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older; to provide for applicability; to replace 1978 House Resolution 662-1850 granting a homestead exemption from Habersham Taxes levied for county purposes and such taxes levied for school purposes (Ga. L. 1978, p. 2444); to repeal an Act entitled "An Act to provide a homestead exemption from Habersham County school district taxes for educational purposes," approved May 4, 2006 (Ga. L. 2006, p. 4123); to provide for a referendum, effective FRIDAY, FEBRUARY 24, 2012 997 dates, and automatic repeal; to repeal conflicting laws; and for other purposes. Pursuant to Senate Rule 4-2.9(b), Senator Millar of the 40th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to SB 437, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Millar of the 40th /s/ Carter of the 1st /s/ Jeffares of the 17th Date: 2/24/12 Pursuant to Senate Rule 4-2.9(b), SB 437 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 Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis E Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Hamrick Harbison E Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones E Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 46, nays 0. 998 JOURNAL OF THE SENATE The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE LOCAL CONTESTED CALENDAR Friday February 24, 2012 Twenty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 437 Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 1st Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), and by an Act approved March 14, 1984 (Ga. L. 1984, p. 4192), so as to revise the composition of the board of education; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senator Millar of the 40th asked unanimous consent that SB 437 be committed to the Senate State and Local Governmental Operations Committee. The consent was granted, and SB 437 was committed to the Senate State and Local Governmental Operations Committee. Senator Davis of the 22nd recognized Deon Grant, commended by SR 855, adopted previously. Deon Grant addressed the Senate briefly. Senators Jones of the 10th and James of the 35th recognized the Honorable Leroy R. Johnson, commended by SR 946, adopted previously. Honorable Leroy R. Johnson addressed the Senate briefly. FRIDAY, FEBRUARY 24, 2012 999 The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Grant of the 25th Harbison of the 15th SENATE CONVENES AT 9:00 A.M. SENATE RULES CALENDAR FRIDAY, FEBRUARY 24, 2012 TWENTY-FIFTH LEGISLATIVE DAY SB 372 "Disposition of Veterans' Cremated Remains Act"; provide for a determination; deceased veteran; certain notifications (Substitute) (VM&HS-45th) SR 765 Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties (SI&P-1st) SB 447 Employment Security; unemployment compensation; prov.; change the amount of taxable wages; determination of weekly benefit amount; prov. (I&L-40th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 1000 JOURNAL OF THE SENATE The Senate Veterans, Military and Homeland Security Committee offered the following substitute to SB 372: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known as and may be cited as the "Disposition of Veterans' Cremated Remains Act." SECTION 2. Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, is amended by adding a new Code section to read as follows: "43-18-9. (a) As used in this Code section, the term: (1) 'Veteran' means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans Affairs and who was discharged under conditions other than dishonorable. (2) 'Veterans' organization' means the Department of Veterans Service, the National Cemetery Administration's National Cemetery Scheduling Office, or any association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States Congress, such as the American Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America. (b) The funeral director in charge of a crematory shall make a reasonable effort to determine whether any dead body submitted for final disposition by cremation is that of a deceased veteran. (c) The funeral director in charge of a crematory shall, at the time the cremation authorization form is signed: FRIDAY, FEBRUARY 24, 2012 1001 (1) Inquire as to whether the legally authorized person has information or belief as to whether the deceased is a veteran; and (2) Notify the legally authorized person of the responsibilities of the funeral director in charge of a crematory under this Code section. (d) If the funeral director in charge of a crematory is unable to determine with certainty whether the deceased was a veteran through an inquiry with the legally authorized agent, then any veterans' organization shall be allowed access to all information available from the United States Department of Veterans Affairs regarding the deceased in the possession of the funeral director in charge of the crematory so that any veterans' organization may attempt to determine whether the deceased is a veteran. If any veterans' organization that is allowed access to information pursuant to this Code section discovers that the deceased is a veteran, the veterans' organization shall notify the funeral director in charge of the crematory. (e)(1) If the funeral director in charge of the crematory determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, then such funeral director in charge of the crematory shall immediately notify the legally authorized person of such finding and shall advise that the deceased person may be eligible to be interred at an appropriate veterans' cemetery. (2) If the funeral director in charge of a crematory determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, and the cremated remains are not claimed by a legally authorized person, then the funeral director in charge of a crematory shall hold any such cremated remains for at least 60 days. After 60 days, the funeral director in charge of a crematory shall send written notice to the legally authorized person who signed the cremation authorization form requesting disposition instructions. If the funeral director in charge of a crematory does not receive a written response from the legally authorized person within 30 days of sending a written notice, then the funeral director in charge of the crematory shall contact a veterans' organization so that arrangements for the disposition of the cremated remains of the veteran may be made in a state or national veterans' cemetery. (f) Nothing in this Code section shall delay the authorized cremation of a deceased's remains. (g)(1) A funeral director in charge of a crematory complying with this Code section shall be immune from any criminal or civil liability regarding: (A) The determination of a deceased's status as a veteran; (B) The release of information relating to the determination of a deceased's status as a veteran; (C) The availability of interment or inurnment for a deceased veteran; or (D) The release of cremated remains to a veterans' cemetery. (2) A funeral director in charge of a crematory shall be immune from civil liability for any act or omission under this Code section except for willful or wanton misconduct. 1002 JOURNAL OF THE SENATE (h) A veterans' organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under this Act except for willful or wanton misconduct." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th offered the following amendment #1 to the Committee Substitute (LC 39 0131S) to SB 372: by delete line 29 in charge of a crematory delete line 32 in charge of a crematory delete line 36 and 37 in charge of a crematory delete line 38 in charge of a crematory delete line 45 in charge of a crematory delete line 47 in charge of a crematory delete line 49 in charge of a crematory delete line 52 in charge of a crematory delete line 55 in charge of a crematory delete line 56 in charge of a crematory delete line 59 in charge of a crematory delete line 60 in charge of a crematory delete line 66 in charge of a crematory delete line 73 in charge of a crematory On the adoption of the amendment, there were no objections, and the Unterman amendment #1 to the committee substitute was adopted. FRIDAY, FEBRUARY 24, 2012 1003 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick E Harbison E Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L James Jeffares Y Jones E Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 44, nays 0. SB 372, having received the requisite constitutional majority, was passed by substitute. SR 765. By Senators Carter of the 1st, Grant of the 25th, Jeffares of the 17th and Williams of the 19th: A RESOLUTION authorizing the change of use of certain properties located in Bryan and Butts counties currently dedicated as a heritage preserve; authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, and ingress and egress in, on, over, upon, across, or through certain state owned real property located in Bryan, Butts, and Liberty counties; to provide an effective date; to repeal conflicting laws; and for other purposes. 1004 JOURNAL OF THE SENATE The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick E Harbison E Heath Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Jeffares Y Jones E Ligon Y Loudermilk McKoon Y Millar Y Miller Y Mullis Murphy Orrock Y Paris Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 40, nays 0. SR 765, having received the requisite constitutional majority, was adopted. SB 447. By Senators Millar of the 40th, Bethel of the 54th, Goggans of the 7th, Williams of the 19th and Rogers of the 21st: A BILL to be entitled an Act to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions relating to determination of the weekly benefit amount; to change certain provisions relating to determination of eligibility for unemployment benefits generally so as to require a waiting period of one week; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. FRIDAY, FEBRUARY 24, 2012 1005 Senator Millar of the 40th offered the following amendment #1: Amend SB 447 by deleting line 193 and inserting in lieu thereof the following: (b) Section 3 of this Act shall become effective on July 1, 2012. On the adoption of the amendment, there were no objections, and the Millar amendment #1 was adopted. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Hooks of the 14th Tate of the 38th Senators Henson of the 41st, Butler of the 55th and Orrock of the 36th offered the following amendment #2: Amend SB 447 by deleting from lines 3 and 4 thereof the following: to change certain provisions relating to determination of the weekly benefit amount; By deleting lines 77 through 126 and inserting in lieu thereof the following: Reserved. On the adoption of the amendment, the President asked unanimous consent. Senator Millar of the 40th 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: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport E Davis Y Fort N Ginn N Hamrick E Harbison E Heath Y Henson N Hill, Jack N Hill, Judson E Hooks N Jackson, B E Jackson, L Y James N Jeffares Y Jones E Ligon N Loudermilk N McKoon Y Orrock Y Paris Y Ramsey N Rogers Seay N Shafer Y Sims N Staton N Stone E Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson 1006 JOURNAL OF THE SENATE N Goggans N Golden N Gooch N Grant N Millar N Miller N Mullis N Murphy N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 13, nays 34, and the Henson, et al. amendment #2 was lost. Senators Orrock of the 36th and Henson of the 41st offered the following amendment #3: Amend SB 447 by deleting from lines 4 through 6 the following: to change certain provisions relating to determination of eligibility for unemployment benefits generally so as to require a waiting period of one week; By deleting lines 128 through 181 and inserting in lieu thereof the following: Reserved. On the adoption of the amendment, the President asked unanimous consent. Senator Albers of the 56th 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 Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport E Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison E Heath Y Henson Hill, Jack N Hill, Judson E Hooks N Jackson, B E Jackson, L Y James N Jeffares Y Jones E Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Seay N Shafer Y Sims N Staton N Stone E Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams FRIDAY, FEBRUARY 24, 2012 1007 On the adoption of the amendment, the yeas were 13, nays 33, and the Orrock, Henson amendment #3 was lost. Senators Orrock of the 36th and Henson of the 41st offered the following amendment #4: Amend SB 447 by deleting lines 28 through 75 and inserting in lieu thereof the following: Reserved. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport E Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison E Heath Y Henson N Hill, Jack N Hill, Judson E Hooks N Jackson, B E Jackson, L Y James N Jeffares Y Jones E Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Seay N Shafer Y Sims N Staton N Stone E Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 13, nays 34, and the Orrock, Henson amendment #4 was lost. Senator Henson of the 41st offered the following amendment #5: Amend SB 447 by adding after "dates;" on line 7 the following: to provide for an automatic repeal of certain provisions; By adding between lines 193 and 194 the following: (c) This Act shall stand repealed in its entirety on July 1, 2014. 1008 JOURNAL OF THE SENATE On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport E Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison E Heath Y Henson N Hill, Jack N Hill, Judson E Hooks N Jackson, B E Jackson, L Y James N Jeffares Y Jones E Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Seay N Shafer Y Sims N Staton N Stone E Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 13, nays 34, and the Henson amendment #5 was lost. Senator Orrock of the 36th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. Senator Henson of the 41st moved that SB 447 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance Y Cowsert N Hamrick E Harbison E Heath Y Henson N Hill, Jack N Hill, Judson E Hooks N Jackson, B E Jackson, L Y Orrock Y Paris Y Ramsey N Rogers E Seay N Shafer Y Sims N Staton N Stone FRIDAY, FEBRUARY 24, 2012 1009 N Crane N Crosby Y Davenport E Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant Y James N Jeffares Y Jones E Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy E Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion, the yeas were 14, nays 33; the motion lost, and SB 447 was not placed on the Table. 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison E Heath N Henson Y Hill, Jack Y Hill, Judson E Hooks Y Jackson, B E Jackson, L N James Y Jeffares N Jones E Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers E Seay Y Shafer N Sims Y Staton Y Stone E Stoner E Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 34, nays 13. SB 447, having received the requisite constitutional majority, was passed as amended. 1010 JOURNAL OF THE SENATE The following communication was received by the Secretary: Senator Lester G. Jackson District 2 110-D State Capitol Atlanta, GA 30334 Committees: Agriculture and Consumer Affairs Economic Development Ethics Health and Human Services Higher Education Urban Affairs The State Senate Atlanta, Georgia 30334 Mr. Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 24 February 2012 Subject: Register Position on Vote for Friday, February 24, 2012; Twenty-fifth Legislative Day Dear Mr. Ewing, I am writing to have my position entered into the record to reflect a "NO" vote on SB 447 - Employment Security; unemployment compensation; prov.; change the amount of taxable wages; determination of weekly benefit amount; prov. Thank you for your attention to this matter. Sincerely, /s/ Dr. Lester G. Jackson, III Senator, District 2 Senator Unterman of the 45th gave notice that at the proper time she would move that the Senate reconsider its action on SB 372. Serving as doctors of the day were Drs. Chantaye and Winston Carhee. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1238 until 11:00 a.m. Monday, February 27, 2012; the motion prevailed, and at 12:15 p.m. the President announced the Senate adjourned. MONDAY, FEBRUARY 27, 2012 1011 Senate Chamber, Atlanta, Georgia Monday, February 27, 2012 Twenty-sixth Legislative Day The Senate met pursuant to adjournment at 11:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. Senator Unterman of the 45th moved that the Senate reconsider its action in passing the following bill. SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. On the motion, there was no objection; the motion prevailed, and SB 372 was reconsidered and placed at the foot of the Senate Rules Calendar. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: 1012 HB 372. HB 419. HB 795. HB 869. JOURNAL OF THE SENATE By Representatives Allison of the 8th, Powell of the 171st, Maddox of the 127th, Welch of the 110th, Pak of the 102nd and others: A BILL to be entitled an Act to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, furnishing of receipt to person posting bond, recordation of receipt of bond on docket, and disposal of unclaimed bonds, so as to provide for the release of unclaimed bonds one year after surety is released; to provide for notice to the officer in possession of the cash bond; to repeal conflicting laws; and for other purposes. By Representatives Mitchell of the 88th, Jacobs of the 80th and Willard of the 49th: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to change the time for the delivery of a notice of the initiation of foreclosure proceedings; to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring the debt current by making all past due payments along with any late fees and charges; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 29th, Rice of the 51st, Battles of the 15th and Johnson of the 37th: 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 definitions related to all-terrain vehicles, recreational off-highway vehicles, and off-road vehicles to make such definitions consistent with current industry standards and practices; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale MONDAY, FEBRUARY 27, 2012 1013 of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1025. By Representatives Oliver of the 83rd, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Benfield of the 85th 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 May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. HB 1059. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3986), so as to change the description of the commissioner districts; to define certain terms; 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. HB 1060. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th: A BILL to be entitled an Act to amend an Act creating the Burke County Board of Education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5156), so as to change the description of the education districts; to define certain terms; 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. HB 1074. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. 1014 JOURNAL OF THE SENATE L. 1988, p. 3755), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1075. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3964), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1076. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4692), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for 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 1077. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4697), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, FEBRUARY 27, 2012 1015 HB 1083. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1084. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5621), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1087. 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 re-creating the Board of Commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3691), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1088. 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 relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 1016 JOURNAL OF THE SENATE 2002, p. 3684), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1091. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. HB 1092. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1100. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1113. By Representatives Henson of the 87th, Mosby of the 90th, Drenner of the 86th, Stephenson of the 92nd, Kendrick of the 94th and others: A BILL to be entitled an Act to authorize the governing authority of DeKalb 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 MONDAY, FEBRUARY 27, 2012 1017 limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1118. By Representative Reece of the 11th: A BILL to be entitled an Act to provide a new charter for the Town of Trion; 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 repeal a specific Act; 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 392. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Marion County, approved April 18, 2002 (Ga. L. 2002, p. 3794), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3746), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 397. By Senator Miller of the 49th: A BILL to be entitled an Act to amend an Act providing for districts for the election of the Board of Education of Hall County, approved March 29, 1983 (Ga. L. 1983, p. 4553), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4915), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 1018 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 776. By Representatives Sims of the 119th, Harbin of the 118th, Maxwell of the 17th and Ramsey of the 72nd: 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, so as to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide for legislative intent; 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 486. By Senators Albers of the 56th, Loudermilk of the 52nd, Carter of the 1st and Crosby of the 13th: A BILL to be entitled an Act to amend Article 2 of Chapter 2 of Title 32 of the Official Code of Georgia Annotated, relating to the State Transportation Board, so as to provide that a member of the State Transportation Board who seeks to qualify for elective office shall first resign from the board; to provide for the creation of a vacancy upon such member qualifying for elective office; 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 members of state boards or authorities who seek to qualify for elective office shall first resign from such board or 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 487. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend Code Section 21-2-139 of the Official Code of Georgia Annotated, relating to the authorization and conduct of nonpartisan elections, so as to provide that elected municipal court judges shall be elected on a nonpartisan basis; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. MONDAY, FEBRUARY 27, 2012 1019 SB 488. By Senators Bethel of the 54th, Loudermilk of the 52nd and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to prescription drugs, so as to provide that a reference product license holder shall have immunity from liability from claims for loss arising from the use of a biosimilar biological product; to provide for definitions; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 489. By Senators Mullis of the 53rd, Unterman of the 45th, Albers of the 56th, Rogers of the 21st, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the Georgia Trauma Care Network Commission to report annually to the House and Senate Committees on Health and Human Services documenting certain outcomes and verifying certain expenditures of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 490. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to control of signs and signals on the state highway system, to provide for the authority of the Department of Transportation to lease certain state property for industrial or commercial activity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. SB 491. By Senator Hill of the 32nd: 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 certain notices for disciplinary or evaluation proceedings or conferences; to provide that the person shall have the right to be accompanied at the proceeding or conference by a nonattorney representative; to provide that the person shall have the right to record the proceeding or conference; to 1020 JOURNAL OF THE SENATE provide a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 492. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; 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 493. By Senators Loudermilk of the 52nd, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd: 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 authorize persons who are between the ages of 18 and 21 to carry firearms under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 494. By Senators Cowsert of the 46th and Ginn of the 47th: A BILL to be entitled an Act to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4246), so as to change the composition and description of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for terms of office and manner of election; to provide for definitions and inclusions; to provide for the manner of redistricting; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, FEBRUARY 27, 2012 1021 SR 1053. By Senators Loudermilk of the 52nd, Albers of the 56th, Rogers of the 21st, Williams of the 19th and Cowsert of the 46th: A RESOLUTION creating the Senate Science and Technology Innovation Study Commission; and for other purposes. Referred to the Rules Committee. SR 1054. By Senators Crane of the 28th, McKoon of the 29th, Hill of the 4th, Carter of the 1st, Loudermilk of the 52nd and others: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide for prioritized funding requirements regarding certain supplementary appropriations Acts; to provide for procedures, conditions, and limitations; to provide for the authority of the General Assembly with respect to the foregoing; to provide a short title; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. The following House legislation was read the first time and referred to committee: HB 372. By Representatives Allison of the 8th, Powell of the 171st, Maddox of the 127th, Welch of the 110th, Pak of the 102nd and others: A BILL to be entitled an Act to amend Code Section 17-6-4 of the Official Code of Georgia Annotated, relating to authorization of posting of cash bonds generally, furnishing of receipt to person posting bond, recordation of receipt of bond on docket, and disposal of unclaimed bonds, so as to provide for the release of unclaimed bonds one year after surety is released; to provide for notice to the officer in possession of the cash bond; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 419. By Representatives Mitchell of the 88th, Jacobs of the 80th and Willard of the 49th: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to foreclosure in general, so as to change the time for the delivery of a notice of the initiation of foreclosure proceedings; to provide, under certain circumstances, for an opportunity, prior to foreclosure, for a debtor to cure a foreclosure and bring 1022 JOURNAL OF THE SENATE the debt current by making all past due payments along with any late fees and charges; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 776. By Representatives Sims of the 119th, Harbin of the 118th, Maxwell of the 17th and Ramsey of the 72nd: 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, so as to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide for legislative intent; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 795. By Representatives Powell of the 29th, Rice of the 51st, Battles of the 15th and Johnson of the 37th: 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 definitions related to all-terrain vehicles, recreational off-highway vehicles, and off-road vehicles to make such definitions consistent with current industry standards and practices; 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 869. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. MONDAY, FEBRUARY 27, 2012 1023 HB 1025. By Representatives Oliver of the 83rd, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Benfield of the 85th 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 May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1059. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3986), so as to change the description of the commissioner districts; to define certain terms; 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 1060. By Representatives Frazier of the 123rd, Jackson of the 142nd and Burns of the 157th: A BILL to be entitled an Act to amend an Act creating the Burke County Board of Education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5156), so as to change the description of the education districts; to define certain terms; 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 1074. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1024 JOURNAL OF THE SENATE 1988, p. 3755), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1075. By Representative Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3964), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1076. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4692), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for 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 1077. By Representatives Buckner of the 130th, James of the 135th and Cheokas of the 134th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4697), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission MONDAY, FEBRUARY 27, 2012 1025 of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1083. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1084. By Representative Houston of the 170th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5621), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1087. 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 re-creating the Board of Commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3691), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1026 JOURNAL OF THE SENATE HB 1088. 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 relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3684), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1091. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; 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 1092. By Representative Parrish of the 156th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to 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 1100. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of MONDAY, FEBRUARY 27, 2012 1027 office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1113. By Representatives Henson of the 87th, Mosby of the 90th, Drenner of the 86th, Stephenson of the 92nd, Kendrick of the 94th and others: A BILL to be entitled an Act to authorize the governing authority of DeKalb 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 1118. By Representative Reece of the 11th: A BILL to be entitled an Act to provide a new charter for the Town of Trion; 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 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. 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 774 HB 976 HB 1000 HB 1009 HB 1031 Do Pass Do Pass Do Pass Do Pass Do Pass HB 775 HB 977 HB 1001 HB 1010 HB 1063 Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman 1028 JOURNAL OF THE SENATE The following legislation was read the second time: HB 725 SB 421 HR 1162 SB 446 SB 290 SB 468 SB 293 SR 873 SB 373 SR 994 SB 410 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Grant of the 25th Tolleson of the 20th Senator Ligon, Jr. of the 3rd asked unanimous consent that Senator Carter of the 1st be excused. The consent was granted, and Senator Carter was excused. Senator Staton of the 18th asked unanimous consent that Senator Chance of the 16th be excused. The consent was granted, and Senator Chance was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, J Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Gooch Hamrick Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Rogers Seay Shafer Sims Staton Stoner Tate Thompson, C Thompson, S Tippins Unterman Wilkinson Williams Not answering were Senators: Carter, B. (Excused) Grant (Excused) Stone Chance (Excused) Harbison Tolleson (Excused) Golden (Excused) Ramsey Senator Stone was off the floor of the Senate when the roll was called and wished to be recorded as present. MONDAY, FEBRUARY 27, 2012 1029 The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Rogers of the 21st introduced the chaplain of the day, Pastor Jon Rogers of Woodstock, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1045. By Senator Rogers of the 21st: A RESOLUTION commending Tyler Molinaro, Lassiter High School's 2012 STAR Student; and for other purposes. SR 1046. By Senator Rogers of the 21st: A RESOLUTION commending Alex Williams, Pope High School's 2012 STAR Student; and for other purposes. SR 1047. By Senator Rogers of the 21st: A RESOLUTION commending David Martin, Sprayberry High School's 2012 STAR Teacher; and for other purposes. SR 1048. By Senator Rogers of the 21st: A RESOLUTION commending Louis Salerno, Kell High School's 2012 STAR Student; and for other purposes. SR 1049. By Senator Gooch of the 51st: A RESOLUTION commending Amanda Swafford, North Forsyth High School's 2012 STAR Teacher; and for other purposes. SR 1050. By Senator Gooch of the 51st: A RESOLUTION commending Noah Sevenson Drake, North Forsyth High School's 2012 STAR Student; and for other purposes. SR 1051. By Senators Albers of the 56th, Rogers of the 21st, Bethel of the 54th, Unterman of the 45th, Murphy of the 27th and others: A RESOLUTION recognizing and commending Mr. James "Moby" Carney on his induction into the Georgia Radio Hall of Fame and the Country DJ Hall of Fame; and for other purposes. 1030 JOURNAL OF THE SENATE SR 1052. By Senators Butler of the 55th, Davenport of the 44th and Jones of the 10th: A RESOLUTION recognizing and commending Donald Cleveland; and for other purposes. SR 1055. By Senators Wilkinson of the 50th, Bulloch of the 11th, Balfour of the 9th, Gooch of the 51st, Mullis of the 53rd and others: A RESOLUTION recognizing February 1 to February 29, 2012, as Career, Technical, and Agricultural Education Month at the capitol; and for other purposes. SR 1056. By Senators Davenport of the 44th, Jones of the 10th, Seay of the 34th, Fort of the 39th, Tate of the 38th and others: A RESOLUTION recognizing and commending Dr. David Satcher; and for other purposes. SR 1057. By Senators Tippins of the 37th and Thompson of the 33rd: A RESOLUTION recognizing September 25, 2012 as the new Georgia Day at the capitol; and for other purposes. SR 1058. By Senators Millar of the 40th, Bethel of the 54th, Henson of the 41st and Unterman of the 45th: A RESOLUTION recognizing February 28, 2012, as Children's Day at the capitol; and for other purposes. Senator McKoon of the 29th introduced the doctor of the day, Dr. Daniel K. Guy. Senator Mullis of the 53rd recognized American Idol's Lauren Alaina, commended by SR 954, adopted previously. Lauren Alaina addressed the Senate briefly. Senator Mullis of the 53rd recognized the Trion High School cheerleading squad on their GHSA Class A State Championship, commended by SR 865, adopted previously. Abbye Burrage addressed the Senate briefly. Senator James of the 35th recognized Mothers Against Drunk Driving Georgia, commended by SR 877, adopted previously. Larry Hanawalt and Cynthia Hagain addressed the Senate briefly. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. MONDAY, FEBRUARY 27, 2012 1031 Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. The 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 February 27, 2012 Twenty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 774 Grant of the 25th MORGAN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Morgan County, approved March 25, 1935 (Ga. L. 1935, p. 738), as amended, particularly by an Act approved April 2, 2002 (Ga. L. 2002, p. 3748), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 775 Grant of the 25th MORGAN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Morgan County, approved March 28, 1985 (Ga. L. 1985, p. 4643), as amended, particularly by an Act approved April 4, 2002 (Ga. L. 2002, p. 3741), so as to change the composition and description of the education districts from which members of the board of education are elected; to provide for definitions and inclusions; to provide for continuation in office of current members and election of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. 1032 HB 976 HB 977 HB 1000 JOURNAL OF THE SENATE Wilkinson of the 50th HART COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to create the Board of Commissioners of Hart County," approved March 30, 1993 (Ga. L. 1993, p. 4232), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4547), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th HART COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Hart County and provide for its powers, duties, rights, obligations, and liabilities," approved March 30, 1993 (Ga. L. 1993, p. 4215), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4541), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Crosby of the 13th IRWIN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Irwin County, approved February 16, 1933 (Ga. L. 1933, p. 571), as amended, particularly by an Act approved February 10, 2004 (Ga. L. 2004, p. 3501), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1001 HB 1009 HB 1010 HB 1031 MONDAY, FEBRUARY 27, 2012 1033 Crosby of the 13th IRWIN COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Irwin County, approved February 15, 1993 (Ga. L. 1993, p. 3757), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Crosby of the 13th WORTH COUNTY A BILL to be entitled an Act to amend an Act creating and establishing a board of commissioners of Worth County, approved August 15, 1904 (Ga. L. 1904, p. 842), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4861), so as to reapportion the commissioner districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Crosby of the 13th WORTH COUNTY A BILL to be entitled an Act to amend an Act to provide for the election of a chairperson and four members of the Worth County Board of Education, approved March 12, 1986 (Ga. L. 1986, p. 3719), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5740), so as to reapportion the education districts; to define certain terms; to provide for members currently serving; to provide for the submission of this Act to the United States Department of Justice; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Grant of the 25th GREENE COUNTY A BILL to be entitled an Act to amend an Act providing for the board of education of Greene County, approved March 12, 1986 (Ga. L. 1986, p. 3696), as amended, particularly by an Act approved 1034 JOURNAL OF THE SENATE May 10, 2005 (Ga. L. 2005, p. 4089), so as to change the compensation for the chairperson and members of the board; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1063 Crane of the 28th McKoon of the 29th TROUP COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to create and establish the Troup County Airport Authority," approved March 23, 1977 (Ga. L. 1977, p. 3387), so as to change the membership of the authority; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler E Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 46, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. MONDAY, FEBRUARY 27, 2012 1035 SENATE CONVENES AT 11:00 A.M. NOTICE OF MOTION TO RECONSIDER: SB 372 "Disposition of Veterans' Cremated Remains Act"; provide for a determination; deceased veteran; certain notifications (Substitute) (Floor amend 1)(VM&HS-45th) SB 269 SB 441 SB 448 SENATE RULES CALENDAR MONDAY, FEBRUARY 27, 2012 TWENTY-SIXTH LEGISLATIVE DAY Water Resources; cooperative efforts for abatement of pollution, order of director, request for hearing; provisions (Substitute) (NR&E-17th) Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties (Substitute) (PUB SAF-13th) 'Small Business Borrower Protection Act'; enact; provide recovery limits for debt obligations by successor creditors (Substitute) (B&FI-9th) HB 800 Assistant adjutants general; certain qualifications; change (VM&HS-49th) Hatchett-143rd Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee SB 269. By Senators Jeffares of the 17th, Gooch of the 51st, Ginn of the 47th, Bethel of the 54th, Stone of the 23rd 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 change certain provisions relating to cooperative efforts for abatement of pollution, order by director, request for hearing, and allowance of reasonable time for abatement; to provide for consent orders; to provide for performance bonds in certain cases; to repeal conflicting laws; and for other purposes. Senator Jeffares of the 17th asked unanimous consent to drop SB 269 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 269 was placed at the foot of the Rules Calendar. 1036 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 441. By Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr. of the 43rd and Murphy of the 27th: 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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 441: 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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit aiming a laser pointer or projecting a laser on or at an aircraft; to prohibit laser use in the airspace; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 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 adding a new Code section to read as follows: "16-10-34. (a) For purposes of this Code section, the term 'laser device' means a device designed to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. Such term also means a device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or other means or that emits light which simulates the appearance of a beam of light. (b) It shall be unlawful for any person to knowingly and intentionally aim, point at or toward, or project upon a law enforcement officer any laser device without such officer's permission if: MONDAY, FEBRUARY 27, 2012 1037 (1) The law enforcement officer is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the law enforcement officer is employed as: (A) A peace officer as defined in paragraph (8) of Code Section 35-8-2; (B) A probation officer, or other employee with the power of arrest, by the Department of Corrections; (C) A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles; (D) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or (E) A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities. (c) Any person who violates subsection (b) of this Code section shall be guilty of a high and aggravated misdemeanor. (d) It shall not be a defense to a prosecution for a violation of this Code section that the law enforcement officer was within a motor vehicle or building at the time that a laser device was pointed at such officer where the laser device is pointed through a glass, window, or other transparent or translucent object. (e) Each violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separately from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section." SECTION 2. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code section to read as follows: "16-11-45. (a) As used in this Code section, the term 'laser pointer' means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. The term 'laser' means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (b) Except as otherwise provided in subsection (d) of this Code section, whoever knowingly or negligently aims the beam of a laser pointer, or projects a laser, at an aircraft or at the flight path of an aircraft shall be guilty of a misdemeanor. (c) Except as otherwise provided in subsection (d) of this Code section, whoever knowingly or negligently uses a laser in the airspace is guilty of a misdemeanor. 1038 JOURNAL OF THE SENATE (d) Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section." SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to 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 Albers Y Balfour N Bethel Y Bulloch Y Butler E Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick E Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy On the passage of the bill, the yeas were 43, nays 4. Y Orrock Y Paris E Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 441, having received the requisite constitutional majority, was passed by substitute. MONDAY, FEBRUARY 27, 2012 1039 SB 448. By Senators Balfour of the 9th, Chance of the 16th, Hill of the 4th, Mullis of the 53rd, Hooks of the 14th and others: A BILL to be entitled an Act to amend Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the "Small Business Borrower Protection Act"; to provide for definitions; to provide for recovery limits for debt obligations by successor creditors; to provide for applicability; to require successor creditors to submit the amount paid for a debt during recovery proceedings; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Banking and Financial Institutions Committee offered the following substitute to SB 448: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, so as to enact the "Small Business Borrower Protection Act"; to provide for definitions; to provide for recovery limits for debt obligations by successor creditors; to provide for applicability; to require successor creditors to submit the amount paid for a debt during recovery proceedings; to provide for an exemption; 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 18 of the Official Code of Georgia Annotated, relating to debtor and creditor relations, is amended by adding a new article to read as follows: "ARTICLE 5 18-2-90. This article shall be known and may be cited as the 'Small Business Borrower Protection Act.' 18-2-91. As used in this article, the term: (1) 'Guarantor' means any person who agrees to pay, in whole or in part, the original debt obligation of another person. (2) 'Guaranty' means any guaranty, indemnification, agreement to make whole, or any other arrangement under which a person shall agree to pay, in whole or in part, the original debt obligation of another person. 1040 JOURNAL OF THE SENATE (3) 'Original creditor' means any person who first extends credit to a debtor or person obligated on a debt obligation. (4) 'Person' means any natural person, corporation, limited liability company, or any form of partnership, or any combination of any of the foregoing, and the heirs, executors, administrators, successors, and assigns of such person. (5) 'Successor creditor' means any person who did not enter into the original debt obligation with the debtor and has by assignment, sale, transfer, or other means acquired the original debt obligation. 18-2-92. Any successor creditor shall be limited to recovery against any guarantor on any debt obligation to the lesser of: (1) The actual amount paid for the debt obligation, plus interest at the interest rate stated on the face of the debt obligation from the date of purchase, transfer, or assignment of the obligation. The interest rate allowed under this article shall be a nondefault rate; or (2) The maximum amount permitted to be collected under the guaranty. 18-2-93. This article shall apply to the sale, assignment, or transfer of debt obligations and the sale, assignment, or transfer of judgments rendered on debt obligations regardless of when such judgments were entered. 18-2-94. In any action to collect a debt obligation by a successor creditor, the successor creditor shall be required to prove the actual amount paid for the debt obligation. 18-2-95. This article shall not apply to institutions with federally insured deposits." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Goggans of the 7th asked unanimous consent that he be excused from voting on SB 448 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Goggans was excused. Senator Millar of the 40th asked unanimous consent that he be excused from voting on SB 448 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Millar was excused. Senator Albers of the 56th asked unanimous consent that he be excused from voting on SB 448 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Albers was excused. MONDAY, FEBRUARY 27, 2012 1041 Senator Murphy of the 27th asked unanimous consent that he be excused from voting on SB 448 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Murphy was excused. Senators Shafer of the 48th and Balfour of the 9th offered the following amendment #1: Amend the Senate Banking and Financial Institutions Committee substitute to SB 448 (LC 39 0158S) by inserting between lines 16 and 17 the following: (1) 'Affiliate' means a majority owned subsidiary or entity having common majority ownership. By renumbering paragraphs (1) through (5) on lines 17 through 29 as paragraphs (2) through (6), respectively. By inserting after "deposits" on line 45 the following: or their affiliates On the adoption of the amendment, there were no objections, and the Shafer, Balfour 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 Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Orrock Y Paris E Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson 1042 JOURNAL OF THE SENATE E Goggans Y Golden Y Gooch Y Grant E Millar Y Miller Y Mullis E Murphy Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 0. SB 448, having received the requisite constitutional majority, was passed by substitute. Senator Crosby of the 13th was excused for business outside the Senate Chamber. HB 800. By Representatives Hatchett of the 143rd, Yates of the 73rd, Amerson of the 9th, Setzler of the 35th, Holcomb of the 82nd and others: A BILL to be entitled an Act to amend Code Section 38-2-152 of the Official Code of Georgia Annotated, relating to assistant adjutants general, eligibility, appointment, duties, compensation, and tenure, so as to change certain qualifications for the position of assistant adjutant general; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Carter, B Carter, J E Chance Y Cowsert Y Crane E Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Hamrick E Harbison Y Heath N Henson N Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Orrock Paris E Ramsey Y Rogers N Seay Y Shafer N Sims N Staton Y Stone Stoner N Tate N Thompson, C Y Thompson, S N Tippins Y Tolleson Y Unterman MONDAY, FEBRUARY 27, 2012 1043 Y Golden Y Gooch N Grant Y Miller Y Mullis Y Murphy Y Wilkinson Y Williams On the passage of the bill, the yeas were 32, nays 15. HB 800, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Buddy Carter Health and Human Services District 1 Appropriations 301-A Coverdell Legislative Office Building Ethics Atlanta, GA 30334 Regulated Industries and Utilities State Institutions and Property The State Senate Atlanta, Georgia 30334 I wish to vote NO on HB 800 2/27/12 /s/ Earl L. Carter SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the committee substitute as amended by the Unterman amendment #1, which can be found in the Senate Journal for Friday, February 24, 2012, be reconsidered. The consent was granted and the committee substitute as amended was reconsidered. 1044 JOURNAL OF THE SENATE Senator Unterman of the 45th offered the following amendment #2: Amend the committee substitute (LC 39 0131S) to SB 372 by delete line 4 in charge of a crematory On the adoption of the amendment, there were no objections, and the Unterman amendment #2 to the committee substitute was adopted. On the adoption of the substitute as amended, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane E Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 48, nays 0. SB 372, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th moved that the Senate adjourn until 10:00 a.m. Tuesday, February 28, 2012. The motion prevailed, and the President announced the Senate adjourned at 12:37 p.m. TUESDAY, FEBRUARY 28, 2012 1045 Senate Chamber, Atlanta, Georgia Tuesday, February 28, 2012 Twenty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Committees: Senator Donzella James Education and Youth District 35 Special Judiciary 304-B State Capitol State Institutions and Property Atlanta, GA 30334 State and Local Governmental Operations February 28, 2012 Bob Ewing Secretary of the Senate 353 Capitol Atlanta, GA 30334 Dear Mr. Ewing, This letter is to respectfully request that my absence be excused from the session on Tuesday, February 28, 2012. I have a doctor's appointment that I need to attend. I apologize for missing session. Thanks for your attention to this matter. Sincerely, /s/ Donzella J. James Senator District 35 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 215. By Representatives Battles of the 15th, Maddox of the 172nd, Rynders of the 152nd, Shaw of the 176th and Hanner of the 148th: 1046 HB 250. HB 463. HB 820. HB 880. JOURNAL OF THE SENATE A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40, relating to commercial drivers' licenses, so as to prohibit persons convicted of a criminal offense against a victim who is a minor from driving commercial motor vehicles designed to transport 16 or more persons; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Epps of the 140th, Greene of the 149th and others: A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that a member who rejected survivor's benefits may elect such benefits by paying the actuarial cost; to provide for a revised survivor's benefit option for persons who become members on or after July 1, 2012; to provide for options; to provide for the event of death or divorce; to provide for the death of an active member; to provide for the payment of the remainder of a member's accumulated contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. By Representatives Dollar of the 45th, Black of the 174th, Harbin of the 118th, Rogers of the 26th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th, Smith of the 131st, Ehrhart of the 36th, Davis of the 109th, Rice of the 51st and others: A BILL to be entitled an Act to amend Chapter 63 of Title 33 of the Official Code of Georgia Annotated, relating to guaranteed asset protection waivers, so as to provide for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 29th, Williams of the 4th, Benton of the 31st and Dickson of the 6th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change TUESDAY, FEBRUARY 28, 2012 1047 HB 955. HB 956. HB 971. HB 1122. certain provisions relating to real estate professionals; to provide for definitions relative to real estate appraisers and to real estate brokers and salespersons; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th, Smith of the 131st and Meadows of the 5th: 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 comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Rice of the 51st: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to change certain provisions relating to settlement agreements between parties; to change the maximum weekly compensation benefit for total disability; to change the maximum weekly compensation benefit for temporary partial disability; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Dunahoo of the 25th: A BILL to be entitled an Act to amend an Act to create a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes. 1048 JOURNAL OF THE SENATE HB 1129. HB 1142. HB 1148. By Representatives England of the 108th, Benton of the 31st, Dunahoo of the 25th and Sheldon of the 105th: A BILL to be entitled an Act to amend an Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to allow the district to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Brockway of the 101st, Rice of the 51st, Sheldon of the 105th, Thomas of the 100th, Floyd of the 99th and others: A BILL to be entitled an Act to amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Maxwell of the 17th and Cooke of the 18th: A BILL to be entitled an Act to abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (Ga. L. 1915, p. 258); 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 495. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 496. By Senators Rogers of the 21st, Albers of the 56th and Loudermilk of the 52nd: 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 enact an TUESDAY, FEBRUARY 28, 2012 1049 alternative homestead option sales and use tax; to provide for a short title; to provide for definitions; to provide for creation of special districts; to provide for a referendum on levying the tax; to provide for collection and administration of the tax; to provide for a credit for similar taxes collected in other jurisdictions; to provide for a referendum on discontinuation of the tax; to provide an exemption for building and construction materials; to provide that the commissioner shall have the power to issue rules and regulations to administer this tax; 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 497. By Senator Jeffares of the 17th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Rockdale County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 498. By Senators Carter of the 42nd, Millar of the 40th, Henson of the 41st, Butler of the 55th, Jones of the 10th and others: A BILL to be entitled an Act to amend Title 36 and Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to local government and public property, respectively, so as to require certain procedures of the state and a local government prior to leasing public property to a private entity for nongovernmental purposes; to provide for definitions; to provide for notice and hearings; to provide for policies and procedures; to provide for standards; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SB 499. By Senators Hill of the 4th and Stone of the 23rd: A BILL to be entitled an Act to amend Code Section 12-5-51 of the Official Code of Georgia Annotated, relating to civil liability for violations of water pollution provisions, so as to require violators to pay for the costs of third-party monitoring; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 500. By Senators Tippins of the 37th and Thompson of the 33rd: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to change the date of Georgia Day; to repeal conflicting laws; and for other purposes. 1050 JOURNAL OF THE SENATE Referred to the Rules Committee. SB 501. By Senators Thompson of the 5th, Rogers of the 21st, Williams of the 19th, Davis of the 22nd, Sims of the 12th and others: A BILL to be entitled an Act to amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to repeal an article relating to the Georgia Charter Schools Commission; to establish the Georgia Charter Schools Advisory Commission; to provide for its membership, duties, and powers; to eliminate the Charter Advisory Committee; to require charter petitioners to concurrently submit a charter petition to the Georgia Charter Schools Advisory Commission; to authorize the State Board of Education to grant exclusive local charter school authority to a local board of education; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. SB 502. By Senator Cowsert of the 46th: A BILL to be entitled an Act to amend Chapter 4 of Title 33 of the Official Code of Georgia Annotated, relating to actions against insurance companies, so as to provide for procedure relative to claimant's offers to settle tort claims involving liability insurance policies; to provide that failure to make an offer to settle in conformity with the law precludes the recovery of a claim for bad faith or negligent failure to settle; to provide for construction; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 503. By Senators Golden of the 8th, Bethel of the 54th, Goggans of the 7th, Shafer of the 48th and Stoner of the 6th: A BILL to be entitled an Act to amend Chapter 25 of Title 33 of the Official Code of Georgia Annotated, relating to life insurance, so as to provide for insurers to offer wellness endorsements or riders under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 504. By Senator Fort of the 39th: 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 certain requirements of sleep centers; to provide for certain personnel to be present on a 24 hour basis; to require sleep technologists to be trained and certified in life-saving techniques; to provide for certain training and recertification of personnel; to require TUESDAY, FEBRUARY 28, 2012 1051 defibrillators in each patient room; to provide for contact of the patient's family at the onset of a medical emergency; to provide each patient a consent form advising in a conspicuous manner the potential hazards and risks of sleep studies; to provide for a short title; to provide for related matters; to repeal conflicting laws; for other purposes. Referred to the Health and Human Services Committee. SB 505. By Senators Bethel of the 54th and Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 5-6-34 and Article 2 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to judgements and rulings deemed directly appealable and medical malpractice arbitration, respectively, so as to substantially revise the law relating to arbitration of medical malpractice claims; to provide for direct appeal; to change and provide for definitions; to provide for qualifications, terms, and conditions in order for a medical malpractice arbitration agreement to be enforceable; to provide for persons other than a patient to enter into binding arbitration on behalf of a patient; to provide for construction of arbitration agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. SB 506. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity, so as to provide that state immunity extends to certain health care providers engaged in graduate medical education training programs in certain Georgia medical facilities; to provide for related matters; to repeal conflicting laws; and other purposes. Referred to the Government Oversight Committee. SR 1060. By Senators Rogers of the 21st and Mullis of the 53rd: A RESOLUTION recognizing Dr. Johnny M. Hunt and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. SR 1061. By Senator Bulloch of the 11th: A RESOLUTION urging the United States Department of Labor to recall proposed policies; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. 1052 JOURNAL OF THE SENATE SR 1064. By Senators Ligon, Jr. of the 3rd, Jeffares of the 17th, Hooks of the 14th, Hill of the 4th and James of the 35th: A RESOLUTION urging the Department of Natural Resources to take measures to preserve, protect, and promote the important historical heritage and beautiful natural treasures of Sapelo Island, Georgia; and for other purposes. Referred to the Natural Resources and the Environment Committee. SR 1065. By Senator Thompson of the 33rd: A RESOLUTION amending the Rules of the Senate; and for other purposes. Referred to the Rules Committee. SR 1067. By Senator Rogers of the 21st: A RESOLUTION proposing an amendment to the Constitution of the State of Georgia so as to provide that the re-creation of a previously existing county which was merged into another county may be accomplished by law, subject to the approval of the voters therein and subject to certain conditions; to provide for the status and effect of the implementing law; to provide for submission of this amendment for ratification or rejection; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. SR 1068. By Senator McKoon of the 29th: A RESOLUTION creating the Georgia Ethics and Accountability Joint Study Committee; and for other purposes. Referred to the Rules Committee. SR 1069. By Senators Stone of the 23rd, Millar of the 40th, Loudermilk of the 52nd, Jeffares of the 17th, Davis of the 22nd and others: A RESOLUTION urging the Department of Community Affairs and the Georgia Environmental Finance Authority to set aside the adoption of the Georgia amendments to the 2009 International Energy Conservation Code; 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 215. By Representatives Battles of the 15th, Maddox of the 172nd, Rynders of the 152nd, Shaw of the 176th and Hanner of the 148th: A BILL to be entitled an Act to amend Article 7 of Chapter 5 of Title 40, relating to commercial drivers' licenses, so as to prohibit persons convicted of a TUESDAY, FEBRUARY 28, 2012 1053 criminal offense against a victim who is a minor from driving commercial motor vehicles designed to transport 16 or more persons; 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 250. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Epps of the 140th, Greene of the 149th and others: A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that a member who rejected survivor's benefits may elect such benefits by paying the actuarial cost; to provide for a revised survivor's benefit option for persons who become members on or after July 1, 2012; to provide for options; to provide for the event of death or divorce; to provide for the death of an active member; to provide for the payment of the remainder of a member's accumulated contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 463. By Representatives Dollar of the 45th, Black of the 174th, Harbin of the 118th, Rogers of the 26th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; 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 Insurance and Labor Committee. HB 820. By Representatives Maxwell of the 17th, Smith of the 131st, Ehrhart of the 36th, Davis of the 109th, Rice of the 51st and others: A BILL to be entitled an Act to amend Chapter 63 of Title 33 of the Official Code of Georgia Annotated, relating to guaranteed asset protection waivers, so as to provide for an exception to a retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. 1054 JOURNAL OF THE SENATE HB 880. By Representatives Powell of the 29th, Williams of the 4th, Benton of the 31st and Dickson of the 6th: A BILL to be entitled an Act to amend Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, so as to change certain provisions relating to real estate professionals; to provide for definitions relative to real estate appraisers and to real estate brokers and salespersons; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 955. By Representatives Hembree of the 67th, Smith of the 131st and Meadows of the 5th: 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 comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; 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 956. By Representative Rice of the 51st: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. L. 1999, p. 3636), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 971. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to change certain provisions relating to settlement agreements between parties; to change the maximum weekly compensation benefit for total disability; to change the maximum weekly compensation benefit for temporary partial disability; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. TUESDAY, FEBRUARY 28, 2012 1055 HB 1122. By Representative Dunahoo of the 25th: A BILL to be entitled an Act to amend an Act to create a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1129. By Representatives England of the 108th, Benton of the 31st, Dunahoo of the 25th and Sheldon of the 105th: A BILL to be entitled an Act to amend an Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to allow the district to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1142. By Representatives Brockway of the 101st, Rice of the 51st, Sheldon of the 105th, Thomas of the 100th, Floyd of the 99th and others: A BILL to be entitled an Act to amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1148. By Representatives Maxwell of the 17th and Cooke of the 18th: A BILL to be entitled an Act to abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (Ga. L. 1915, p. 258); to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The Banking and Financial Institutions Committee has had under consideration the 1056 JOURNAL OF THE SENATE following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 886 Do Pass Respectfully submitted, Senator Murphy of the 27th District, Chairman Mr. President: The Economic Development Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 514 Do Pass SB 379 Do Pass as amended SB 257 SR 719 Do Pass Do Pass by substitute Respectfully submitted, Senator Chance of the 16th 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 729 Do Pass by substitute SB 284 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st 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 288 SB 386 SB 416 Do Pass by substitute Do Pass Do Pass by substitute SB 292 SB 414 SB 470 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman The following Minority Report on SB 292 was filed with the Secretary: TUESDAY, FEBRUARY 28, 2012 1057 Senate Health and Human Services Committee Minority Report on SB 292 February 28, 2012 The undersigned senators file this Minority Report objecting to the Committee's favorable report of SB 292 on February 27, 2012 on the grounds discussed below. SB 292 fosters an unwarranted stereotype, blaming people who need help from safety net programs for their circumstances and casting suspicion on them as likely users of illicit drugs. The drug testing requirement would be extremely burdensome for families and difficult for the state to manage. I. Under the bill, applicants would have to pay for the drug tests in advance and wait for reimbursement through their first TANF check after they test negative. The families targeted by this bill are usually out of money, and often the children are hungry by the time they apply for TANF. To be eligible for TANF, the family can have very little income, and the maximum payment for a family of three is $280 a month. The amount of money they would have to pay out for the drug test, not including what they might have to pay for transportation to have the test, would buy groceries for several meals. II. Applicants would have to take the test within 48 hours of the state's determining they are eligible for TANF. It is not clear how the Department of Human Services could assure they would know they are eligible soon enough to meet the deadline. Distances to drug testing sites and lack of transportation could make compliance impossible for some. III.DFCS eligibility workers already have caseloads exceeding 700 per worker. The drug testing requirement would likely add confusion and delays and increase paperwork. State staff would have to process reimbursements for TANF applicants who test negative. Staff would also have to identify accessible drug testing sites and notify applicants, and would have to establish policies and implement procedures for determining which individuals are exempt from testing. Very few parents in Georgia receive TANF; nearly three quarters of children receiving TANF are already in the care of other relatives. IV. In September 2011, there were only 4,278 Georgia adults who were part of a TANF grant. There were 26,678 children receiving TANF in child-only grants. Most were already living with another relative who has taken them into their care, usually their grandparents or even great-grandparents, aunts, or adult siblings. V. The state's treating these good Samaritans as suspected drug users could discourage them from taking on the responsibility and increase the number of children in foster care. The bill is more likely to increase state costs than to save money. VI. The section requiring testing as a condition for Medicaid eligibility was removed after a fiscal note showed a net cost to the state of $3.8 million to $31 million, but the portion requiring drug testing for TANF applicants remains in the bill. 1058 JOURNAL OF THE SENATE VII. While SB 292 assumes Medicaid would pay for the drug tests for TANF applicants who already have Medicaid, the Department of Community Health has determined that most likely Medicaid could not pay because the tests are not medically necessary. Therefore, the state will have to reimburse applicants for the cost when they test negative for drugs. The bill also irrationally assumes the state will collect a nonrefundable $17 fee from any TANF applicant who has Medicaid at the time of application. VIII. A fiscal note posits a range of possible outcomes from costing $84,500 to saving $103,000. However, the fiscal note understates the likely net costs to the state for several reasons. It assumes, because the bill calls for it, that the state could collect $228,000 in the nonrefundable fees for TANF applicants who have Medicaid at the time of application; however, charging this fee to some TANF applicants could violate federal TANF law requiring "fair and equitable" treatment in determination of eligibility and delivery of benefits. The fiscal note also is likely erroneous in assuming 17% of applicants will test positive and thus lose the $45/month for the adult in the grants. It cites a 2007 study showing 17% of Georgians between the ages of 18 and 25 report using illicit drugs, a figure which includes young single men who do not qualify for TANF. A more reasonable estimate is 10% or fewer based on an October 2011 report by the U.S. Department of Health and Human Services that examined studies of public benefits recipients; using the more reasonable figure would decrease the savings from eliminating an adult's portion of the TANF grant and increase the amount the state would have to reimburse for negative tests. Furthermore, the fiscal note does not assess costs for a provision requiring the Department of Human Services to determine, apparently on an individual basis, which applicants qualify for an exemption from testing because they are "significantly hindered" in complying with the requirement due to a disability. Finally, the fiscal note does not take into account costs for litigation the state is almost certain to face if SB 292 passes. IX. Claims that the state of Florida saved money from its program before it was halted are unsupported by the evidence. Presentations of SB 292 have included information, apparently from an organization called Foundation for Government Accountability, claiming Florida saved money during the brief time it operated its program. However, FGA's claim was discredited by the Florida federal court that issued a preliminary injunction halting the program and has been criticized by Georgia's Department of Audits and Accounts because of methodological flaws; for example, FGA counted 574 TANF applicants as drug-related denials when only 9 were denied for a drug-related reason or a positive test. The author also suggests Florida saved money due to applicants deciding not to continue with the application after learning a drug test was required; however, the Committee heard testimony that many Florida applicants could not get the tests because they could not afford it, because test sites required credit or debit cards they did not have instead of cash, and/or because of long travel distances. Using drug tests to identify people in need of treatment for use of illicit substances is medically and scientifically unsound. X. The Ga. Council on Substance Abuse testified before the Committee on the reasons why these kinds of methods do not work and are inconsistent with best practices that are much more likely to identify people with problems and to lead to a successful outcome. TUESDAY, FEBRUARY 28, 2012 1059 XI. The bill's thrust is not to assist anyone with a substance abuse problem or to help families stay together because it emphasizes that the state will not be responsible for providing or paying for treatment. SB 292 is likely to be found unconstitutional because it targets individuals for governmentmandated, suspicionless drug testing without meeting the requirement that governments show a "special need" for such searches. XII. In a letter to the Committee Chair, Legislative Counsel outlined why SB 292 is likely subject to constitutional challenge. XIII. The U.S. District Court for the Middle District of Florida issued a preliminary injunction on constitutional grounds against Florida's TANF drug testing law in October, 2011. The case will be heard before the 11th Circuit Court of Appeals. In summary, SB 292 targets Georgians for drug testing solely because they need help from a safety net program, harms families, wastes taxpayer dollars, is likely unconstitutional, is medically unsound and creates an unjustified cloud of suspicion around people at the lowest rungs of the income ladder who are trying to help their families in a bad economy. /s/ Honorable Steve Henson, 41st Minority Leader /s/ Honorable Lester Jackson, 2nd /s/ Honorable Horacena Tate, 38th /s/ Honorable Nan Orrock, 36th /s/ Honorable Miriam Paris, 26th 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 229 Do Pass SB 355 Do Pass by substitute SB 341 Do Pass by substitute SB 431 Do Pass Respectfully submitted, Senator Hamrick of the 30th 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 374 SB 464 Do Pass Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman 1060 JOURNAL OF THE SENATE Mr. President: The Regulated Industries and Utilities Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 453 SB 459 SB 483 Do Pass by substitute Do Pass 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 HB 970 HB 979 HB 1016 HB 1020 HB 1029 HB 1038 HB 1040 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 969 HB 978 HB 980 HB 1017 HB 1021 HB 1037 HB 1039 HB 1070 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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 485 Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th District, Chairman Senator Mullis of the 53rd 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 of the United States of America and to the flag of Georgia. TUESDAY, FEBRUARY 28, 2012 1061 Senator Butler of the 55th introduced the chaplain of the day, Reverend Sharon Junn of Atlanta, Georgia, who offered scripture reading and prayer. Senator Harbison of the 15th introduced the doctor of the day, Dr. Leland McCluskey. The following resolutions were read and adopted: SR 1059. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mill Creek Middle School students Camille Roty and Elizabeth Pfaff; and for other purposes. SR 1062. By Senators Fort of the 39th, James of the 35th, Tate of the 38th, Orrock of the 36th and Jones of the 10th: A RESOLUTION honoring the life and memory of Miss Lenora Reese; and for other purposes. SR 1063. By Senators James of the 35th, Butler of the 55th, Tate of the 38th, Seay of the 34th, Fort of the 39th and others: A RESOLUTION honoring the life and memory of Mayor Pro Tempore Robert L. Thomas; and for other purposes. SR 1066. By Senators Thompson of the 33rd and Tippins of the 37th: A RESOLUTION recognizing and commending Lieutenant James Freeland for his outstanding and brave services upon the occasion of his retirement; and for other purposes. Senator Hamrick of the 30th moved that the following bill be withdrawn from the consideration of the Senate. SB 445. By Senators Hamrick of the 30th, Mullis of the 53rd, Hooks of the 14th, Chance of the 16th, Rogers of the 21st and others: A BILL to be entitled an Act to amend the O.C.G.A., so as to create within the office of the Secretary of State the position of director of professional licensing; to provide for powers, duties, and responsibilities; to provide that the director shall implement rules and regulations relating to certain regulated professions and businesses; to provide that the director shall test, license, and discipline persons licensed pursuant to such title; to create the Georgia Board of Licensing and Regulation; to provide that such board shall promulgate rules and regulations governing certain regulated business and professions; to provide that such board shall hear administrative appeals; to transfer certain powers and duties of licensing boards and commissions to the director of professional licensing and the Georgia Board of Licensing and Regulation; to amend various titles of the O.C.G.A. so as to correct cross-references and to 1062 JOURNAL OF THE SENATE conform those provisions to the duties of the director and the Georgia Board of Licensing and Regulation; and for other purposes. On the motion, there was no objection; the motion prevailed, and SB 445 was withdrawn from consideration of the Senate. Senator Butler of the 55th asked unanimous consent that Senator James of the 35th be excused. The consent was granted, and Senator James was excused. Senator Staton of the 18th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator Ramsey, Sr. of the 43rd asked unanimous consent that Senator Henson of the 41st be excused. The consent was granted, and Senator Henson was excused. Senator Jackson of the 2nd asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday February 28, 2012 Twenty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 959 Hooks of the 14th Staton of the 18th CRAWFORD COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crawford County, approved March 2, 1874 (Ga. L. 1874, p. 339), as amended, so as to revise districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 969 Wilkinson of the 50th Gooch of the 51st WHITE COUNTY HB 970 HB 978 HB 979 TUESDAY, FEBRUARY 28, 2012 1063 A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the method of election of the members of the Board of Education of White County," approved May 13, 2008 (Ga. L. 2008, p. 4291), so as to provide for new education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th Gooch of the 51st WHITE COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Commissioners of White County," approved May 13, 2008 (Ga. L. 2008, p. 4205), so as to provide new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Rogers of the 21st Murphy of the 27th CHEROKEE COUNTY A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Rogers of the 21st Murphy of the 27th CHEROKEE COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Cherokee County, approved March 30, 1989 (Ga. 1064 HB 980 HB 1016 HB 1017 JOURNAL OF THE SENATE L. 1989, p. 4295), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4876), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Miller of the 49th CITY OF GAINESVILLE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Gainesville, approved April 11, 1979 (Ga. L. 1979, p. 3302), as amended, particularly by an Act approved June 3, 2003, (Ga. L. 2003, p. 4670), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th FRANKLIN COUNTY A BILL to be entitled an Act to amend an Act creating a new board of commissioners of Franklin County, approved April 4, 1991 (Ga. L. 1991, p. 4681), as amended, particularly by an Act approved April 15, 1996 (Ga. L. 1996, p. 4466), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th FRANKLIN COUNTY A BILL to be entitled an Act to amend an Act relative to the Board of Education of Franklin County, approved April 12, 1982 (Ga. L. 1982, p. 3753), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the HB 1020 HB 1021 HB 1029 TUESDAY, FEBRUARY 28, 2012 1065 federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th EVANS COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners for Evans County, approved August 15, 1915 (Ga. L. 1915, p. 220), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4266), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Hill of the 4th EVANS COUNTY A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education for Evans County, approved March 26, 1987 (Ga. L. 1987, p. 4782), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4281), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; 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. Stone of the 23rd SCREVEN COUNTY A BILL to be entitled an Act to amend an Act for the election of members of the Board of Education of Screven County, approved April 1, 2002 (Ga. L. 2002, p. 3659), as amended, so as to provide for the election of members of the Board of Education of Screven County; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the filling of vacancies; to provide for qualifications; to provide for the election of a chairperson; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 1066 HB 1037 HB 1038 HB 1039 HB 1040 JOURNAL OF THE SENATE Ginn of the 47th MADISON COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Madison County, approved March 24, 1988 (Ga. L. 1988, p. 4698), as amended, so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Ginn of the 47th MADISON COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Madison County, approved March 27, 1965 (Ga. L. 1965, p. 2667), as amended, so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for method of election; to provide for renumbering of certain districts; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes. Williams of the 19th MONTGOMERY COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Montgomery County, approved February 27, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2729), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for manner of election and terms of office; to provide for submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Jackson of the 24th GLASCOCK COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Glascock County, approved April 1, 1996 (Ga. L. 1996, p. 3725), as amended, so as to revise the districts for TUESDAY, FEBRUARY 28, 2012 1067 the election of members of the board of education; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1070 Ligon, Jr. of the 3rd BRANTLEY COUNTY A BILL to be entitled an Act to provide a homestead exemption from Brantley County school district ad valorem taxes for educational purposes in the amount of $15,000.00 of the assessed value of the homestead for residents of that school district who are 65 years of age or older and whose income does not exceed $30,000.00; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating thereto; to provide for applicability; to provide for a referendum, effective dates, and automatic repeal; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L E James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 1068 JOURNAL OF THE SENATE On the passage of the local legislation, the yeas were 47, nays 0. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Davenport of the 44th recognized Ambassador Cheick Sidi Diarra, commended by SR 804, adopted previously. Ambassador Cheick Sidi Diarra addressed the Senate briefly. Senator Davenport of the 44th recognized Chief Tunde Adetunji and the Africa Heritage Foundation, commended by SR 1017, adopted previously. Chief Tunde Adetunji addressed the Senate briefly. Senator Millar of the 40th recognized February 28, 2012, as Children's Day at the capitol, commended by SR 1058, adopted previously. Pat Willis addressed the Senate briefly. Senator McKoon of the 29th honored the life and memory of Dr. Charles D. Hudson, commended by SR 1038, adopted previously. Senator Bethel of the 54th moved to engross SB 430, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L E James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner E Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 35, nays 18; the motion prevailed, and SB 430 was engrossed. TUESDAY, FEBRUARY 28, 2012 1069 SB 176 SB 293 SB 340 SB 350 SB 365 SB 371 SB 430 SB 446 SR 590 SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR TUESDAY, FEBRUARY 28, 2012 TWENTY-SEVENTH LEGISLATIVE DAY Open and Public meetings; authorize all agencies to conduct meetings by teleconference under certain circumstances (SLGO(G)-16th) License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal (Substitute) (FIN-31st) Property; covenants; provisions; adopted prior to the adoption of zoning laws (SLGO(G)-51st) Crimes and Offenses; disposition of firearms used in burglaries or armed robberies (Substitute) (JUDY-9th) Property; collected funds; change prov.; residential real property; provide form Acknowledgment and Waiver of Borrower's Rights (Substitute) (JUDY-23rd) Aviation; provide for local governments' ability to accept community improvement district funds (SLGO(G)-37th) State Senate Districts; revise certain boundaries (R&R-54th) Fire Protection and Safety; buildings; transfer certain functions; Dept. of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner (Substitute) (PUB SAF-53rd) Georgia Dept. of Education; urged to implement cardiopulmonary resuscitation (CPR) classes in the public schools (Substitute) (ED&Y-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 176. By Senators Chance of the 16th, Mullis of the 53rd, Gooch of the 51st, Stoner of the 6th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Code Section 50-14-1 of the Official Code of Georgia Annotated, relating to meetings to be open to the public, limitation on action to contest agency action, recording, notice of time and 1070 JOURNAL OF THE SENATE place, access to minutes, and telecommunications conferences, so as to authorize all agencies to conduct meetings by teleconference under certain circumstances; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L E James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 53, nays 0. Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Wilkinson Y Williams SB 176, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator John Wilkinson Agriculture and Consumer Affairs District 50 Economic Development 303-B Coverdell Legislative Office Building Education and Youth Atlanta, GA 30334 Health and Human Services My vote on SB 176 is yes. 2/28/12 /s/ John Wilkinson, 50 TUESDAY, FEBRUARY 28, 2012 1071 Senator Grant of the 25th was excused for business outside the Senate Chamber. SB 293. By Senators Heath of the 31st, Rogers of the 21st, Tippins of the 37th, Hill of the 4th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require the nation's motto, "In God We Trust," to be printed on license plates; to provide that purchasers of license plates may cover the motto with a county name decal; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 293: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to delete provisions requiring license plates to display a county decal; to require the nation's motto, "In God We Trust," to be available on a decal for use on license plates; 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 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by repealing subsection (c) of Code Section 40-2-8, relating to the operation of a vehicle without a current license plate, as follows: "(c) It shall be unlawful and punishable as for a misdemeanor to operate any vehicle required to be registered in the State of Georgia without a valid county decal designating the county where the vehicle was last registered, unless such operation is otherwise permitted under this chapter. Any person convicted of such offense shall be punished by a fine of $25.00 for a first offense and $100.00 for a second or subsequent such offense. However, a county name decal shall not be required if there is no space provided for a county name decal on the current license plate." SECTION 2. Said chapter is further amended by revising Code Section 40-2-9, relating to the display of the "In God We Trust" decal, as follows: "40-2-9. (a) Any 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 1072 JOURNAL OF THE SENATE 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. (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 provide such decal free of charge to any person requesting it. 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 authorized decals the county name decal in lieu of the county name decal." SECTION 3. Said chapter is further amended by revising subsections (b), (d), (e), and (f) of Code Section 40-2-31, relating to the design of license plates and revalidation and county decals, as follows: "(b) Such license plates shall be 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 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 contain a space for an authorized decal, 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 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 regulations, pursuant to the provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' for the design and issuance of new license plates and to implement the other provisions of this Code section." "(d) In those years in which a 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, upon request, shall also be issued a new county decal or other authorized decal which shall be properly affixed to the license plate and shall replace the other county decal. (e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's TUESDAY, FEBRUARY 28, 2012 1073 county. Such a decal, upon request, shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. (f) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the nation's motto, 'In God We Trust.' Such a decal, upon request, shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. (g) Upon request, a A county tag agent shall issue a county name decal for the agent's county only if: (1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal." SECTION 4. Said chapter is further amended by revising subsection (d) of Code Section 40-2-60.1, relating to the administrative procedure for issuing special license plates, as follows: "(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 an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. Spaces for county name labels authorized decals, including, but not limited to, county name decals or 'In God We Trust' decals, are required for all license plates authorized under this Code section unless expressly eliminated by the request of issued in this state. If the agency, fund, or nonprofit corporation sponsoring a special license plate at the time the license plate is designed has requested that the license plate bear a special legend in the space reserved for authorized decals, it shall be permissible for the legend to be covered with an authorized decal." SECTION 5. Said chapter is further amended by revising paragraphs (2), (4), (8), (15), (17), (18), (20), (22), (30), (45), (46), (47), and (48) of subsection (l) of Code Section 40-2-86, relating to special license plates supporting certain beneficial projects, as follows: "(2) Special license plates promoting the Nongame-Endangered Wildlife Program of 1074 JOURNAL OF THE SENATE 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 but shall instead bear the legend 'Give Wildlife a Chance.' in lieu of the name of the county of issuance." "(4) A special license plate 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 name but shall instead bear the legend 'Support Wildlife.' in lieu of the name of the county of issuance." "(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 TUESDAY, FEBRUARY 28, 2012 1075 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." "(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 Georgia Health Sciences University." "(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 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. (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." "(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." "(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." "(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." 1076 JOURNAL OF THE SENATE "(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. (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.'. (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 bear the legend 'Georgia Aquarium.' in lieu of the name of the county of issuance. (48) 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 6. This Act shall become effective on July 1, 2012. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Orrock Y Paris Y Ramsey TUESDAY, FEBRUARY 28, 2012 1077 Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 3. SB 293, having received the requisite constitutional majority, was passed by substitute. Senator Gooch of the 51st asked unanimous consent to drop SB 340 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 340 was placed at the foot of the Rules Calendar. Senator Balfour of the 9th asked unanimous consent to drop SB 350 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 350 was placed at the foot of the Rules Calendar. SB 365. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes. 1078 JOURNAL OF THE SENATE Senator Ligon, Jr. of the 3rd asked unanimous consent that he be excused from voting on SB 365 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Ligon was excused. The Senate Judiciary Committee offered the following substitute to SB 365: A BILL TO BE ENTITLED AN ACT To amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to change provisions relating to the unauthorized practice of law; to provide for a civil action for damages; to amend Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, so as to change the definition of "settlement agent"; to change provisions relating to the applicability of the Code section and the availability of damages for violating the Code section; 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 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, is amended by revising Code Section 15-19-51, relating to the unauthorized practice of law, as follows: "15-19-51. (a) It shall be unlawful for any person other than a duly licensed attorney at law: (1) To practice or appear as an attorney at law for any person other than himself or herself in any court of this state or before any judicial body; (2) To make it a business to practice as an attorney at law for any person other than himself or herself in any of such courts; (3) To hold himself or herself out to the public or otherwise to any person as being entitled to practice law; (4) To render or furnish legal services or advice; (5) To furnish attorneys or counsel; (6) To render legal services of any kind in actions or proceedings of any nature; (7) To assume or use or advertise the title of 'lawyer,' 'attorney,' 'attorney at law,' or equivalent terms in any language in such manner as to convey the impression that he or she is entitled to practice law or is entitled to furnish legal advice, services, or counsel; or (8) To advertise that either alone or together with, by, or through any person, whether a duly and regularly admitted attorney at law or not, he or she has, owns, conducts, or maintains an office for the practice of law or for furnishing legal advice, services, or counsel; TUESDAY, FEBRUARY 28, 2012 1079 (9) To prepare deeds of conveyance, facilitate the execution of deeds of conveyance, or supervise the recording of deeds of conveyance; (10) To supervise the closing of any real estate transaction; or (11) To collect and disburse the funds necessary to effectuate a real estate transaction. (b) Unless otherwise provided by law or by rules promulgated by the Supreme Court, it shall be unlawful for any corporation, voluntary association, or company to do or perform any of the acts recited in subsection (a) of this Code section." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "15-19-59. Any person damaged by a person, firm, or corporation acting in violation of this article shall be entitled to maintain a civil action to recover actual damages and reasonable attorney's fees." SECTION 3. Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, is amended by revising paragraph (10) of subsection (a) and subsections (b) and (e) as follows: "(10) 'Settlement agent' means the person lender or an active member of the State Bar of Georgia responsible for conducting the settlement and disbursement of the settlement proceeds and includes any individual, corporation, partnership, or other entity conducting the settlement and disbursement of the loan funds." "(b) This Code section applies shall apply only to transactions involving purchase money loans made by a lender, or loans made to refinance, directly or indirectly, a purchase money loan made by another lender refinance loans made by the current or a new lender, which loans will be secured by deeds to secure debt or mortgages on real estate within the State of Georgia containing not more than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status." "(e) Any party violating this Code section shall be liable to any other party suffering a loss due to such violation for such other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Code section shall pay to the borrower party suffering the loss an amount of money equal to $1,000.00 or double the amount of interest payable on the loan for the first 60 days after the loan closing, whichever is greater." 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. 1080 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch E Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones E Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 2. SB 365, having received the requisite constitutional majority, was passed by substitute. SB 371. By Senators Tippins of the 37th, Rogers of the 21st, Mullis of the 53rd, Hill of the 32nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control airports and landing fields, so as to provide for local governments' ability to accept community improvement district funds to use for improvements to airports and landing fields within the district; 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. TUESDAY, FEBRUARY 28, 2012 1081 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers N Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay N Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 4. SB 371, having received the requisite constitutional majority, was passed. Senator Staton of the 18th was excused for business outside the Senate Chamber. SB 430. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state senatorial districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 139), so as to revise the boundaries of certain state senate districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the bill, was agreed to. 1082 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Shafer N Sims E Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 18. SB 430, having received the requisite constitutional majority, was passed. Senator Crosby of the 13th was excused for business outside the Senate Chamber. SB 446. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Miller of the 49th, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. TUESDAY, FEBRUARY 28, 2012 1083 The Senate Public Safety Committee offered the following substitute to SB 446: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to remove bond requirements for certain personnel; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter to read as follows: "CHAPTER 15 ARTICLE 1 25-15-1. (a) The office of Safety Fire Commissioner shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Labor in effect on June 30, 2012, or scheduled to go into effect on or after July 1, 2012, and which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Labor in effect on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the office of Safety Fire Commissioner by proper authority or as otherwise provided by law. (b) Any proceedings or other matters pending before the Department of Labor or Commissioner of Labor on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall be transferred to the office of Safety Fire Commissioner on July 1, 2012. 1084 JOURNAL OF THE SENATE (c) The rights, privileges, entitlements, obligations, and duties of parties to contracts, leases, agreements, and other transactions as identified by the Office of Planning and Budget entered into before July 1, 2012, by the Department of Labor which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall continue to exist; and none of these rights, privileges, entitlements, obligations, and duties are impaired or diminished by reason of the transfer of the functions to the office of Safety Fire Commissioner. In all such instances, the office of Safety Fire Commissioner shall be substituted for the Department of Labor, and the office of Safety Fire Commissioner shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Labor in capacities which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 on June 30, 2012, shall, on July 1, 2012, become employees of the office of Safety Fire Commissioner in similar capacities, as determined by the Commissioner of Insurance. Such employees shall be subject to the employment practices and policies of the office of Safety Fire Commissioner on and after July 1, 2012, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the office shall retain all existing rights under the State Personnel Administration. Accrued annual and sick leave possessed by the transferred employees on June 30, 2012, shall be retained by such employees as employees of the office of Safety Fire Commissioner. (e) On July 1, 2012, the office of Safety Fire Commissioner shall receive custody of the state owned real property in the custody of the Department of Labor on June 30, 2012, and which pertains to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8." SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Chapter 11, relating to regulation of boilers and pressure vessels, and redesignating it as a new article of Chapter 15 of Title 25 as follows: "CHAPTER 11 ARTICLE 2 34-11-1. 25-15-10. This chapter article shall be known and may be cited as the 'Boiler and Pressure Vessel Safety Act' and, except as otherwise provided in this chapter article, shall apply to all boilers and pressure vessels. 34-11-2. 25-15-11. As used in this chapter article, the term: TUESDAY, FEBRUARY 28, 2012 1085 (1) Reserved. (2) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term 'boiler' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term 'boiler' is further defined as follows: (A) 'Heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit. (B) 'High pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (C) 'Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (3)(2) 'Certificate of inspection' means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 34-11-15 25-15-24 may be issued. (4)(3) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (5) 'Department' means the Department of Labor. (4) 'Office' means the office of Safety Fire Commissioner. (6)(5) 'Pressure vessel' means a vessel other than those vessels defined in paragraph (2)(1) of this Code section in which the pressure is obtained from an external source or by the application of heat. 34-11-3. 25-15-12. The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article. 34-11-4. 25-15-13. (a)(1) The Department of Labor office shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the Department of Labor office may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published 1086 JOURNAL OF THE SENATE by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the Department of Labor office. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The Department of Labor office shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use in this state prior to the date upon which the first rules and regulations under this chapter article pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable. (b) The rules and regulations and any subsequent amendments thereto formulated by the Department of Labor office shall, immediately following a hearing upon not less than 20 days' notice as provided in this chapter article, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the Department of Labor office. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing. (c) Subsequent amendments to the rules and regulations adopted by the Department of Labor office shall be permissive immediately and shall become mandatory 12 months after their promulgation. 34-11-5. 25-15-14. No boiler or pressure vessel which does not conform to the rules and regulations of the Department of Labor office governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this chapter article pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the Department of Labor office. 34-11-6. 25-15-15. (a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be TUESDAY, FEBRUARY 28, 2012 1087 determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, such a boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable. (b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors. (c) This chapter article shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the department office governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition. 34-11-7. 25-15-16. (a) This chapter article shall not apply to the following boilers and pressure vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193 49 C.F.R. 192 and 193; (2) Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation; (3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight; (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains; (5) Pressure vessels that do not exceed: (A) Five cubic feet in volume and 250 psig pressure; or (B) One and one-half cubic feet in volume and 600 psig pressure; or (C) An inside diameter of six inches with no limitation on pressure; (6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size; (7) Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; (8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded: (A) A heat input of 200,000 BTU per hour; (B) A water temperature of 210 degrees Fahrenheit; and (C) A nominal water-containing capacity of 120 gallons; (9) Hot water supply boilers which are directly fired with oil, gas, or electricity when 1088 JOURNAL OF THE SENATE none of the following limitations are exceeded: (A) Heat input of 200,000 BTU per hour; (B) Water temperature of 210 degrees Fahrenheit; and (C) Nominal water-containing capacity of 120 gallons. These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves; (10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode construction or which involve destruction or reduced life expectancy of those vessels; (11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII; (12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 34-11-10 25-15-19; (13) Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19; (14) Boilers and pressure vessels operated and maintained by a public utility; and (15) Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state. (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 25-15-23 and Code Sections 34-11-15 25-15-24 and 34-11-16 25-15-26: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; (5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied TUESDAY, FEBRUARY 28, 2012 1089 petroleum gas, 2,000 gallons or above, which have been modified or altered; and (6) Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure. 34-11-8. 25-15-17. (a) The Commissioner may appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code Section 34-11-11 25-15-20. Such chief inspector may be removed for cause after due investigation by the board and its recommendation to the Commissioner. (b) The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered: (1) To take action necessary for the enforcement of the laws of the this state governing the use of boilers and pressure vessels to which this chapter article applies and of the rules and regulations of the department office; (2) To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter this article applies; (3) To publish in print or electronically and make available to anyone requesting them copies of the rules and regulations promulgated by the department office; (4) To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 34-11-15 25-15-24; and (5) To cause the prosecution of all violators of the provisions of this chapter article. 34-11-9. 25-15-18. The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 34-11-11 25-15-20. 34-11-10. 25-15-19. (a) In addition to the deputy inspectors authorized by Code Section 34-11-9 25-15-18 the Commissioner shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically 1090 JOURNAL OF THE SENATE competent individuals whose qualifications are satisfactory to the department office and causes said such pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the department office pursuant to Code Section 34-11-4 25-15-13, issue to any inspectors of said such insurance company certificates of competency as special inspectors and to any inspectors of said such company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving his or her certificate of competency shall satisfactorily pass the examination provided for by Code Section 34-11-11 25-15-20 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale. (b) Such special inspectors or owner or user inspectors shall receive no salary from nor shall any of their expenses be paid by the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized as aforesaid or in the employ of the company so operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter article. (c) Such special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies; and, when so inspected, the owners and users of such boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the Commissioner. 34-11-11. 25-15-20. The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the board office or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant fails to pass the examination, he or she may appeal to the board office for another examination which shall be given by the board office or the appointed examining board after 90 days. The record of an applicant's examination shall be accessible to said the applicant and his or her employer. TUESDAY, FEBRUARY 28, 2012 1091 34-11-12. 25-15-21. (a) An inspector's certificate of competency may be suspended by the Commissioner after due investigation and recommendation by the office for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an appeal as provided in Code Section 34-11-19 25-15-28 and to be present in person and to be represented by counsel at the hearing of the appeal. (b) If the department office has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the department office shall provide written notice to the inspector and his or her employer of the department office's determination and the right to an appeal as provided in Code Section 34-11-19 25-15-28. If, as a result of such hearing, the inspector has been determined to be no longer qualified to hold his or her certificate of competency, the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency. 34-11-13. 25-15-22. If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination. 34-11-14. 25-15-23. (a) The Commissioner, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the this state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter article. (b)(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 34-11-7 25-15-16 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows: (A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible; (B) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction 1092 JOURNAL OF THE SENATE permits; (C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector; (D) Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the board office; and (E) Nuclear vessels within the scope of this chapter article shall be inspected and reported in such form and with such appropriate information as the board office shall designate. (2) A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections. (3) The department office may provide for longer periods between certificate inspection in its rules and regulations. (4) Under the provisions of this chapter article, the department office is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (A) Previous experience, based on records of inspection, performance, and maintenance; (B) Location, with respect to personnel hazard; (C) Quality of inspection and operating personnel; (D) Provision for related safe operation controls; and (E) Interrelation with other operations outside the scope of this chapter article. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board office may, in its discretion, permit variations in the inspection requirements. (c) The inspections required in this chapter article shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this chapter article. (d) Owner or user inspection of pressure vessels is permitted, provided the owner or user inspection service is regularly established and is under the supervision of one or more individuals whose qualifications are satisfactory to the board office and said owner or user causes the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable. (e) If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel. (f) All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12 month period from the date upon which the rules and TUESDAY, FEBRUARY 28, 2012 1093 regulations of the board office shall become effective shall be inspected during construction as required by the applicable rules and regulations of the board office by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors. 34-11-15. 25-15-24. (a) Each company employing special inspectors shall, within 30 days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the Commissioner. The filing of reports of external inspections, other than certificate inspections, shall not be required except when such inspections disclose that the boiler or pressure vessel is in a dangerous condition. (b) Each company operating pressure vessels covered by an owner or user inspection service meeting the requirements of subsection (a) of Code Section 34-11-10 25-15-19 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter article, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or his the chief inspector's authorized representative during business hours. (c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the department office, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (b)(1)(D) of Code Section 34-11-14 25-15-23 for which the department office has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14 25-15-23, the certificate shall be valid for a period of not more than two months beyond the period set by the department office. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination. (d) No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance. (e) The Commissioner or his the Commissioner's authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure 1094 JOURNAL OF THE SENATE vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this chapter article. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the department office and until said such inspection certificate shall have been reinstated. (f) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his or her authorized representative. 34-11-15.1. 25-15-25. (a) Boilers and pressure vessels subject to operating certificate inspections by special, or owner or user, inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected. (b)(1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections. (2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (c) The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department office. 34-11-16. 25-15-26. After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following July 1, 1984, it It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Code Section 34-11-15 25-15-24, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate or at a pressure exceeding that specified in such inspection certificate or in violation of this chapter article shall constitute a misdemeanor. 34-11-17. 25-15-27. The owner or user of a boiler or pressure vessel required by this chapter article to be inspected by the chief inspector or his a deputy inspector shall pay directly to the chief TUESDAY, FEBRUARY 28, 2012 1095 inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor Safety Fire Commissioner. 34-11-18. The chief inspector shall furnish a bond in the sum of $5,000.00 and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of $2,000.00 conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them, respectively, and the payment thereof to the proper recipient. 34-11-19. 25-15-28. (a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this chapter article may, within 15 days of notice thereof, request a hearing before an administrative law judge of the department office of State Administrative Hearings, as provided by Code Section 50-13-41. (b) Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 34-11-20. 25-15-29. No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of such county, municipality, or other political subdivision; and any such laws, ordinances, or resolutions heretofore made or passed shall be void and of no effect. 34-11-21. 25-15-30. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to boilers and pressure vessels and any injury or damages arising therefrom. 34-11-22. In the event any Code section, subsection, sentence, clause, or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Code sections, subsections, sentences, clauses, or phrases of this chapter, which shall remain of full force and effect, as if the Code section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional." 1096 JOURNAL OF THE SENATE SECTION 3. Said title is further amended by revising Chapter 12, relating to amusement ride safety, and redesignating it as a new article of Chapter 15 of Title 25 to read as follows: "CHAPTER 12 ARTICLE 3 34-12-1. 25-15-50. This chapter article shall be known and may be cited as the 'Amusement Ride Safety Act.' 34-12-2. 25-15-51. As used in this chapter article, the term: (1) Reserved. (2)(1) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site. (3)(2) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or his or her representative. (3.1)(3) 'Certificate fee' means the fee charged by the department office for a certificate to operate an amusement ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations. (7)(6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department office to possess the requisite training and experience to perform competently the inspections required by this chapter article and who is licensed by the department office to perform inspections of amusement rides. (8)(7) 'Operator' means a person or persons actually engaged in or directly controlling the operation of an amusement ride. (8) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee. (10) 'Permit' means a permit to operate an amusement ride issued to an owner by the department office. (11) 'Permit fee' means the fee charged by the department office for a permit to TUESDAY, FEBRUARY 28, 2012 1097 operate an amusement ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department office. 34-12-3. 25-15-52. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article. 34-12-4. Reserved. 34-12-5. 25-15-53. (a) The department office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department office is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides. (b) The department office shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect amusement rides; (3) Issue permits upon compliance with this chapter article and such standards and regulations adopted pursuant to this chapter article; and (4) Establish a fee schedule for the issuance of permits for amusement rides. 34-12-6. 25-15-54. The department office may license such private inspectors as may be necessary to carry out the provisions of this chapter article. 34-12-7. 25-15-55. (a) No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the department office. The owner of an amusement ride shall apply for a permit to the department office on a form furnished by the department office providing such information as the department office may require. (b) No such application shall be complete without including a certificate of inspection 1098 JOURNAL OF THE SENATE from a licensed inspector that the amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator. 34-12-8. 25-15-56. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner's or operator's expense. If the amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation. (b) Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter article. 34-12-9. 25-15-57. The department office may waive the requirement of subsection (a) of Code Section 3412-8 25-15-56 if the owner of an amusement ride gives satisfactory proof to the department office that the amusement ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter article. 34-12-10. 25-15-58. The department office shall issue a permit to operate an amusement ride to the owner thereof upon successful completion of a safety inspection of the amusement ride conducted by a licensed inspector and upon receiving an application for permit with a certificate of insurance. The permit shall be valid for the calendar year in which issued. 34-12-11. 25-15-59. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this chapter article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-12-12. 25-15-60. No person shall be permitted to operate an amusement ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time. TUESDAY, FEBRUARY 28, 2012 1099 34-12-13. 25-15-61. The owner of the amusement ride shall report to the department office any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department office in person or by phone in accordance with regulations adopted by the department office. 34-12-14. 25-15-62. (a) No person shall operate an amusement ride unless at the time there is in existence: (1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department office. (b) Regulations under this chapter article shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department office. 34-12-15. 25-15-63. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter article, or if any person is aggrieved by any order issued by the department office, the person may make a written application to the department office stating his or her grounds and applying for a variance. The department office may grant such a variance in the spirit of the provisions of this chapter article with due regard to the public safety. The granting or denial of a variance by the department office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department office and such record shall be open to inspection by the public. 34-12-16. 25-15-64. This chapter article shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. 34-12-17. 25-15-65. This chapter article shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter article. Owners of 1100 JOURNAL OF THE SENATE amusement rides in operation on or before the effective date of this chapter article shall comply with the provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article within six months after the adoption of said such standards and regulations. 34-12-18. 25-15-66. (a) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or his the Commissoner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter article. (c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter article and the rules and regulations promulgated under this chapter article. The imposition of a penalty for a violation of this chapter article or the rules and regulations promulgated under this chapter article shall not excuse the violation or permit it to continue. 34-12-19. 25-15-67. The owner or operator of an amusement ride may deny entry to a person to an amusement ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will shall permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his or her duties under this chapter article. 34-12-20. 25-15-68. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom. TUESDAY, FEBRUARY 28, 2012 1101 34-12-21. 25-15-69. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to amusement rides or their time of operation or noise levels generated. Nothing in this chapter article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48." SECTION 4. Said title is further amended by revising Chapter 13, relating to carnival ride safety, and redesignating it as a new article of Chapter 15 of Title 25, as follows: "CHAPTER 13 ARTICLE 4 34-13-1. 25-15-80. This chapter article shall be known and may be cited as the 'Carnival Ride Safety Act.' 34-13-2. 25-15-81. As used in this chapter article, the term: (1) Reserved. (2)(1) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or the owner's representative. (3)(2) 'Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 Article 3 of this title chapter, known as the 'Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. (3.1)(3) 'Certificate fee' means the fee charged by the department office for a certificate to operate a carnival ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations. (7)(6) 'Licensed inspector' means a registered professional engineer or any other 1102 JOURNAL OF THE SENATE person who is found by the department office to possess the requisite training and experience to perform competently the inspections required by this chapter article and who is licensed by the department office to perform inspections of carnival rides. (7) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) 'Permit' means a permit to operate a carnival ride issued to an owner by the department office. (11) 'Permit fee' means the fee charged by the department office for a permit to operate a carnival ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department office. 34-13-3. 25-15-82. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article. 34-13-4. Reserved. 34-13-5. 25-15-83. (a) The department office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter article shall become effective prior to January 1, 1987. (b) The department office shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; and (3) Issue permits upon compliance with this chapter article and such standards and regulations adopted pursuant to this chapter article. (c) The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All TUESDAY, FEBRUARY 28, 2012 1103 funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor Safety Fire Commissioner. 34-13-6. 25-15-84. The department office may license such private inspectors as may be necessary to carry out the provisions of this chapter article. 34-13-7. 25-15-85. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department office. The owner of a carnival ride shall apply for a permit to the department office on a form furnished by the department office, providing such information as the department office may require. 34-13-8. 25-15-86. All carnival rides and attractions shall be inspected annually and may be inspected more frequently by the Office of Safety Engineering of the department a licensed inspector at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation. 34-13-9. 25-15-87. The department office may waive the requirement of Code Section 34-13-8 25-15-86 if the owner of a carnival ride gives satisfactory proof to the department office that the carnival ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter article. 34-13-10. 25-15-88. The department office shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the department office. The permit shall be valid for the calendar year in which issued. 34-13-11. 25-15-89. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 1104 JOURNAL OF THE SENATE 34-13-12. 25-15-90. (a) No person shall be permitted to operate a carnival ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time. (b) No carnival ride shall be operated at standards below those recommended by the manufacturer of such carnival ride or below the standards adopted or variants approved by the department office, whichever is greater. 34-13-13. 25-15-91. The owner of the carnival ride shall report to the department office any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department office in person or by phone in accordance with regulations adopted by the department office. 34-13-14. 25-15-92. (a) No person shall operate a carnival ride unless at the time there is in existence: (1) A policy of insurance in an amount not less than $1 million (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department office. (b) Regulations under this chapter article shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department office. 34-13-15. 25-15-93. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter article, or if any person is aggrieved by any order issued by the department office, the person may make a written application to the department office stating his or her grounds and applying for a variance. The department office may grant such a variance in the spirit of the provisions of this chapter article with due regard to the public safety. The granting or denial of a variance by the department office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department office and such record shall be open to inspection by the public. TUESDAY, FEBRUARY 28, 2012 1105 34-13-16. 25-15-94. This chapter article shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. 34-13-17. 25-15-95. This chapter article shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter article. Owners of carnival rides in operation on or before March 26, 1986, shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations. 34-13-18. 25-15-96. (a) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or his the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter article. (c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter article and the rules and regulations promulgated under this chapter article. The imposition of a penalty for a violation of this chapter article or the rules and regulations promulgated under this chapter article shall not excuse the violation or permit it to continue. 34-13-19. 25-15-97. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will shall permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his or her duties under this chapter article. 1106 JOURNAL OF THE SENATE 34-13-20. 25-15-98. (a) The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury. (b) It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride. 34-13-21. 25-15-99. The owner of any itinerant carnival ride which is located within the this state must shall continuously maintain in this state a registered agent of record, which agent who may be an individual who resides in the state and whose business address is identical with the address of the owner's required office. 34-13-22. 25-15-100. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office , or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom. 34-13-23. 25-15-101. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this chapter article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48." SECTION 5. Said title is further amended by reserving the Chapter 11, Chapter 12, and Chapter 13 designations. SECTION 6. Said title is further amended by revising Code section 34-1-1, relating to requirements for scaffolding and staging design and inspection by the Commissioner, and redesignating it as a part of a new article of Chapter 15 of Title 25, as follows: TUESDAY, FEBRUARY 28, 2012 1107 "ARTICLE 5 "34-1-1. 25-15-110. (a)(1) All scaffolding or staging that is swung or suspended from an overhead support or erected with stationary supports, which scaffolding or staging and is suspended or rises 30 feet or more above the ground, shall have a safety rail properly attached, bolted, braced, and otherwise secured; and the, which safety rail shall rise at least 34 inches above the floor or main portions of such scaffolding or staging and extend for the full length of such staging and along the ends thereof with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall also be so fastened as to prevent it from swaying from the building or structure. However, this paragraph shall not apply to any scaffolding or staging which is wholly within the interior of a building or other structure and which covers the entire floor space therein. (2) It shall be unlawful for any person to employ or direct others to perform labor of any kind in the erecting, demolishing, repairing, altering, cleaning, or painting of a building or other structure without first having furnished proper protection to such person so employed or directed, as provided in paragraph (1) of this subsection. (b) All scaffolding or staging shall be so constructed that it will bear at least four times the weight required to be hanging therefrom or placed thereon when in use. (c)(1) The Commissioner of Labor Safety Fire Commissioner, upon receipt of any complaint, shall make or cause to be made an immediate inspection of the scaffold, or mechanical device connected therewith, concerning which complaint has been made. (2) The Commissioner shall attach to every scaffold, staging, mechanism, or mechanical device inspected by him or her a certificate bearing his the Commissioner's name and the date of inspection, on which and the certificate he shall plainly state whether he or she has found the scaffolding, staging, or mechanical device 'safe' or 'unsafe.' (3) If the Commissioner of Labor Commissioner finds any scaffolding, staging, or mechanical device complained of to be unsafe, he the Commissioner shall at once notify in writing the person responsible for the erection and maintenance of the scaffolding, staging, or mechanical device that he the Commissioner has found it to be unsafe. Such notice may be served personally upon the person responsible under the law or may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service shall be within the discretion of the Commissioner of Labor Commissioner. The Commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device by any person until all danger has been removed or until it has been made to comply with the terms of this Code section by alteration, reconstruction, demolition, or replacement, as the Commissioner may direct. (d) Any person who willfully, knowingly, and persistently continues the use of a scaffold, staging, or other mechanical device in violation of any provision of this Code section shall be guilty of a misdemeanor." 1108 JOURNAL OF THE SENATE SECTION 7. Said title is further amended by reserving the Code Section 34-1-1 designation. SECTION 8. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by revising Part 6, relating to elevators, dumbwaiters, escalators, manlifts and moving walks, as follows: "Part 6 8-2-100. As used in this part, the term: (1) 'Alteration' means any change or addition to the equipment other than ordinary repairs or replacements. (2) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (3) 'Department' means the Department of Labor. (4)(3) 'Dumbwaiter' means a hoisting and lowering mechanism which is equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total inside height of which, whether or not provided with fixed or removable shelves, does not exceed four feet, the capacity of which does not exceed 500 pounds, and the use of which is exclusively for carrying materials. Such term includes a power dumbwaiter and a hand dumbwaiter. (5)(4)(A) 'Elevator' means a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings. (B) Except as specifically provided in subsection (a) of Code Section 8-2-102, 'elevator' also means a freight elevator, gravity elevator, hand elevator, inclined elevator, multideck elevator, observation elevator, passenger elevator, power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic elevator, electrohydraulic elevator, maintained pressure hydraulic elevator, roped-hydraulic elevator, private residence elevator, and sidewalk elevator. (6)(5) 'Enforcement authority' means the Commissioner, officers, and inspectors of the department office authorized to enforce the provisions of this part and local inspectors authorized to enforce the provisions of this part. (7)(6) 'Escalator' means a power driven, inclined, continuous stairway used for raising or lowering passengers. (8)(7) 'Hand dumbwaiter' means a dumbwaiter driven by manual power, serving more than two consecutive stories, whose capacity exceeds 20 pounds and whose car platform area exceeds two square feet. (9)(8) 'Hand elevator' means an elevator utilizing manual power to move the car. (10)(9) 'Hoistway' means a shaftway or an opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to the roof or floor above. TUESDAY, FEBRUARY 28, 2012 1109 (11)(10) 'Manlift' means a device consisting of a power driven endless belt moving in one direction only which is provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. (12)(11) 'Moving walk' means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted. (12) 'Office' means the office of Safety Fire Commissioner. (13) 'Power dumbwaiter' means a dumbwaiter driven by the application of energy other than hand or gravity. (14) 'Power freight elevator' means an elevator used primarily for carrying freight, utilizing energy other than gravity or hand to move the car and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride. (15) 'Power passenger elevator' means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading and utilizing energy other than gravity or hand to move the car. 8-2-101. (a) Prior to January 1, 1986, the owner or lessee of every existing elevator, escalator, manlift, moving walk, and dumbwaiter shall register with the department or local enforcement authority each such elevator, escalator, manlift, moving walk, or dumbwaiter owned or operated by him, giving type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such other information as the department or local enforcement authority may require. Such registration shall be made on a form to be furnished by the department or local enforcement authority on request. All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1, 1986, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service. (b) Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by subsection (b) of Code Section 8-2-104. (c) Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the enforcement authority of any such alteration. The enforcement authority shall be authorized to conduct an inspection after any such alteration. 8-2-102. (a)(1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period. (2) Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period. (b) Inspections and installations shall be made in accordance with the standards set 1110 JOURNAL OF THE SENATE forth in Part 'X' of ANSI A17.1-1984, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equipment rooms, and access thereto, and shall include lobby smoke detectors. (c) A report of any inspection required by this Code section shall be filed with the department office if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his or her information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations. (d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 82-104. (e) Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Section Sections 43-14-8 and Code Section 43-14-8.1. (f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the department office and an inspection report issued. The department office shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection. 8-2-103. (a) An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104 and upon payment of a permit fee. Such permits shall be valid for a period of 12 months. TUESDAY, FEBRUARY 28, 2012 1111 (b) No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by the owner or lessee thereof unless a valid operating permit, or a limited operating permit when permitted by the rules and regulations of the Commissioner, has been issued. (c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises. (d) If the enforcement authority has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations specified in subsection (b) of Code Section 8-2-104, it shall so notify such owner or lessee and shall give notice of a date for a hearing thereon to such owner or lessee. If, after such hearing, it shall find that such owner or lessee is not complying with such rules and regulations, it shall revoke such permit and require the owner or lessee to discontinue the use of such elevator, escalator, manlift, moving walk, or power dumbwaiter. 8-2-104. (a) The Commissioner shall be authorized to employ inspectors to carry out the provisions of this part. The Commissioner shall also be authorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company licensed to insure and insuring elevators in this state and technically competent individuals of a regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors. (b)(1)(A) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. (B) The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in subparagraph (A) of this paragraph. (2) Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to operating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected. (3) Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar 1112 JOURNAL OF THE SENATE days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (4) The Commissioner may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department office. (c) The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1-1976 are adopted as rules and regulations of the Department of Labor office for the purposes of this part until otherwise amended by rules and regulations of the Commissioner. (d) In addition to the rules and regulations adopted pursuant to subsections (b) and (c) of this Code section, the Commissioner shall be authorized to adopt such rules and regulations as may be reasonably necessary to carry out the provisions of this part. (e) The Commissioner shall also have the power in any particular case to grant exceptions and variations from the literal requirements of the rules and regulations adopted pursuant to subsection (c) of this Code section. Such exceptions and variations shall be granted only in any particular case where it is clearly evident that they are necessary to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the Commissioner, reasonable safety will be secured thereby. 8-2-105. (a) The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts, moving walks, and dumbwaiters as provided in subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have the power: (1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of such local standards adopted applicable to elevators, escalators, manlifts, moving walks, and dumbwaiters, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of such local standards; (2) To provide for inspection of buildings or similar structures to ensure compliance with the local standards; (3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such standards, provided that such inspectors meet the minimum qualifications of state inspectors and are certified by the Commissioner pursuant to subsection (a) of Code Section 8-2-104; TUESDAY, FEBRUARY 28, 2012 1113 (4) To contract with other municipalities or counties adopting at least state minimum standards, or with the state, to administer such standards and to provide inspection and enforcement personnel and services necessary to ensure compliance with the standards; and (5) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the local standards within the boundaries of the other contracting party. (b) When a local enforcement authority conducts an inspection or issues an operating permit as provided in this part, any inspection fee or operating permit fee due shall be paid to the municipality or county employing the enforcement authority. 8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days. (b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter. (c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority. 8-2-107. (a) The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the department office, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant. (b)(1) Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense. (2) In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice 1114 JOURNAL OF THE SENATE and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promulgated under this part shall not excuse the violation or permit it to continue. 8-2-108. (a) Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Commissioner shall be given to all interested parties. (b) This part, as it applies to the Commissioner and the department office, shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 8-2-109. (a) For the purpose of assisting the Commissioner in the adoption of rules and regulations and in carrying out the provisions of this part, the Commissioner shall consult with the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants and members of the Governor's Employment and Training Council to assist the Commissioner in carrying out his or her duties under this part. 8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight. (b) This part shall not apply to any single-seat, single-passenger chairlift located in a building owned and operated by an incorporated or unincorporated nonprofit organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes. (c) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the Department of Labor office; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect." SECTION 9. Code Section 8-2-31, relating to effect of part relative to state building, plumbing, and electrical codes, is amended by revising paragraph (2) of subsection (c) as follows: "(2) Chapter 11 of Title 34 Article 2 of Chapter 15 of Title 25, the 'Boiler Vessel Safety Act';" TUESDAY, FEBRUARY 28, 2012 1115 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, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 446, having received the requisite constitutional majority, was passed by substitute. SR 590. By Senators Mullis of the 53rd, Unterman of the 45th, Grant of the 25th and Albers of the 56th: A RESOLUTION urging the Georgia Department of Education to implement cardiopulmonary resuscitation (CPR) classes in the public schools of this state; and for other purposes. 1116 JOURNAL OF THE SENATE The Senate Education and Youth Committee offered the following substitute to SR 590: A RESOLUTION Urging the Georgia Department of Education to implement cardiopulmonary resuscitation (CPR) classes and the implementation of automated external defibrillators in the public schools of this state; and for other purposes. WHEREAS, as early as 1740, the Paris Academy of Sciences officially recommended mouth-to-mouth resuscitation for drowning victims; and WHEREAS, in 1891, Dr. Friedrich Maass performed the first unequivocally documented chest compression in humans, and, in 1903, Dr. George Crile reported the first successful use of external chest compressions in human resuscitation; and WHEREAS, in 1957, the United States military adopted the mouth-to-mouth resuscitation method to revive unresponsive victims; and WHEREAS, in 1960, cardiopulmonary resuscitation (CPR) was developed, and the American Heart Association started a program to acquaint physicians with closed-chest cardiac resuscitation and became the forerunner of CPR training for the general public; and WHEREAS, emergency medical services personnel treat about 300,000 victims of outof-hospital cardiac arrest each year in the United States, and less than 8 percent of people who suffer cardiac arrest outside the hospital survive; and WHEREAS, sudden cardiac arrest can happen to anyone at any time, and many victims appear healthy with no known heart disease or other risk factors; and WHEREAS, about 5,900 children 18 years old and under suffer out-of-hospital cardiac arrest each year from all causes, including trauma, cardiovascular causes, and sudden infant death syndrome; and WHEREAS, the incidence of out-of-hospital sudden cardiac arrest in high school athletes ranges from .28 to 1 death per 100,000 high school athletes annually in the United States; and WHEREAS, the American Heart Association does not have a minimum age requirement for people to learn CPR since the ability to perform CPR is based more on body strength rather than age; and WHEREAS, studies have shown that children as young as nine years old can learn and retain CPR skills; and TUESDAY, FEBRUARY 28, 2012 1117 WHEREAS, effective bystander CPR, provided immediately after sudden cardiac arrest, can double or triple a victim's chance of survival. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge the Georgia Department of Education to implement cardiopulmonary resuscitation (CPR) classes and the implementation of automated external defibrillators in the public schools of this state. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to send a copy of this resolution to the Georgia Department of Education. On the 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the adoption of the resolution, the yeas were 49, nays 1. SR 590, having received the requisite constitutional majority, was adopted by substitute. 1118 JOURNAL OF THE SENATE Senator Hill of the 32nd asked unanimous consent to suspend Senate Rules to first read and assign to committee SB 508. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 508. By Senators Hill of the 32nd and Loudermilk of the 52nd: A BILL to be entitled an Act to amend Code Section 36-91-21 of the Official Code of Georgia Annotated, relating to competitive award requirements, so as to provide for certain requirements as to public advertisements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. Senator Rogers of the 21st asked unanimous consent to suspend Senate Rules to first read and assign to committee SB 509. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: SB 509. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state senatorial districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 139), so as to revise the boundaries of certain state Senate districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes. Referred to the Reapportionment and Redistricting Committee. Senator Ramsey of the 43rd asked unanimous consent to suspend Senate Rules to first read and assign to committee SB 510. There was no objection. The following Senate legislation was introduced, read the first time and referred to committee: TUESDAY, FEBRUARY 28, 2012 1119 SB 510. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th, Henson of the 41st, Stoner of the 6th, Henson of the 41st and others: A BILL to be entitled an Act to amend Code Section 42-9-45 of the Official Code of Georgia Annotated, relating to the general rule-making power of the State Board of Pardons and Paroles, so as to provide that the State Board of Pardons and Paroles shall issue a certificate of restoration of voting rights to each person convicted of a felony involving moral turpitude within 30 days following the completion of such person's sentence; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. Senator Rogers of the 21st moved that the Senate adjourn until 1:00 p.m. Wednesday, February 29, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:55 a.m. 1120 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, February 29, 2012 Twenty-eighth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE February 29, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Chip Rogers and Senator Jeff Mullis to serve as Ex-Officio Members for the Senate Government Oversight Committee on February 29, 2012. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore WEDNESDAY, FEBRUARY 29, 2012 1121 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 456. By Representatives Byrd of the 20th, Hill of the 21st, Braddock of the 19th, Jerguson of the 22nd, Sheldon of the 105th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 541. HB 548. By Representatives Epps of the 140th, Benton of the 31st, Baker of the 78th, Allison of the 8th, Weldon of the 3rd 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 provide for the offense of threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to workers' compensation, so as to provide that individuals who are parties to a franchise agreement shall not be considered employees; to repeal conflicting laws; and for other purposes. 1122 HB 692. HB 766. HB 772. HB 773. JOURNAL OF THE SENATE By Representative Mitchell of the 88th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores which were falsified or known or caused to be falsified by such teacher or professional; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Benton of the 31st, England of the 108th, Burns of the 157th, Meadows of the 5th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), so as to reconstitute the board of education; to change the HB 845. HB 877. HB 900. WEDNESDAY, FEBRUARY 29, 2012 1123 description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. By Representatives Watson of the 163rd, Cooper of the 41st, Purcell of the 159th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require early care and education programs to provide information on the influenza vaccine; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jones of the 46th, Bruce of the 64th, Riley of the 50th, Fludd of the 66th, Martin of the 47th and others: A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, particularly by an Act approved March 27, 1992 (Ga. L. 1992, p. 5078), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; to provide for related matters; to repeal conflicting laws; and for other purposes. 1124 HB 932. HB 933. HB 942. HB 944. JOURNAL OF THE SENATE By Representatives Williams of the 4th, Dickson of the 6th and Powell of the 29th: A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, so as to change the required percentage of withholding payments due a nonresident subcontractor; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes. 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 revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 29, 2012 1125 HB 957. By Representative Williamson of the 111th: A BILL to be entitled an Act to amend an Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members of the board of education; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1004. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1005. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 1126 JOURNAL OF THE SENATE HB 1022. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1082. By Representative Houston of the 170th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1095. By Representative Black of the 174th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880 - 1881, p. 518), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3680), so as to provide for new commissioner districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1096. By Representative Black of the 174th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for reapportionment of the board of education of Brooks County," approved March 5, 1984 (Ga. L. 1984, p. 3717), so as to provide for new education districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 29, 2012 1127 HB 1098. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to provide for new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1099. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4441), so as to change the description of the districts from which members of such board are elected; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1101. By Representative Allison of the 8th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Rabun County by the qualified electors of the Rabun County School District, approved March 13, 1978 (Ga. L. 1978, p. 3430), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1106. By Representative Epps of the 128th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871 - 1872, p. 230), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to 1128 JOURNAL OF THE SENATE provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1107. By Representative Epps of the 128th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Meriwether County Board of Education," approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4795), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1108. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Monroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), as amended, so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1109. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to change the description of the districts from which members of the commission are elected; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1111. By Representatives Shaw of the 176th and Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson (now the WEDNESDAY, FEBRUARY 29, 2012 1129 Board of Commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1112. By Representatives Shaw of the 176th and Sims of the 169th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3797), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1126. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3676), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1127. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3667), so as to change the education districts; to provide for definitions and inclusions; to provide for the continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 1130 JOURNAL OF THE SENATE HB 1131. By Representatives Cooke of the 18th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act relative to the Board of Commissioners of Haralson County, approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 247), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1144. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 763), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1145. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 770), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 29, 2012 1131 HB 1146. By Representatives McCall of the 30th, Carter of the 175th, Hatchett of the 143rd, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to labor and industrial relations and social services, respectively, so as to create the Georgia Vocational Rehabilitation Services Board; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Georgia Vocational Rehabilitation Agency; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to repeal conflicting laws; and for other purposes. HB 1154. By Representative Jones of the 46th: A BILL to be entitled an Act to amend an Act to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), so as to authorize city councilmembers to be appointed to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1158. By Representatives Roberts of the 154th and Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5169), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for terms of office and manner of election; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1376. By Representatives Greene of the 149th, Neal of the 1st, Bryant of the 160th, Horne of the 71st and Cheokas of the 134th: A RESOLUTION authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of 1132 JOURNAL OF THE SENATE certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; to provide an effective date; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 394. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Marion County, approved February 21, 1951 (Ga. L. 1951, p. 2880), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4117), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 435. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Webster County, approved April 9, 1993 (Ga. L. 1993, p. 5075), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3826), so as to change the description of the education districts; to define certain terms; to provide for continuation in office of current members; to provide for method of election; 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. SB 436. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act to provide for the election of the initial chief magistrate of the Magistrate Court of Webster County, approved March 21, 1984 (Ga. L. 1984, p. 4451), as amended, particularly by an Act approved April 1, 1996 (Ga. L. 1996, p. 3834), so as to provide WEDNESDAY, FEBRUARY 29, 2012 1133 the terms of office of magistrates other than the chief magistrate; to provide for the nomination and appointment of magistrates other than the chief magistrate; to provide for the renewal of terms for magistrates other than the chief magistrate; to provide for a limit on the number of other magistrates to be appointed other than the chief magistrate; 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 507. By Senators Sims of the 12th, Seay of the 34th, Crosby of the 13th and Hooks of the 14th: A BILL to be entitled an Act to amend an Act to amend, consolidate, and supersede the several Acts of the General Assembly of the State of Georgia, pertaining to the City of Dawson in the County of Terrell, and to provide a new charter therefore, approved March 21, 1970 (Ga. L. 1970, p. 3121), as amended, so as to change the terms of the mayor and city councilmembers; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a referendum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 511. By Senators Chance of the 16th and Staton of the 18th: A BILL to be entitled an Act to amend Code Section 40-5-21.1 of the Official Code of Georgia Annotated, relating to the issuance of temporary drivers' licenses, permits, or special identification card and evidence of foreign licenses or identification cards as evidence of legal presence in the United States, so as to provide for the issuance of a temporary license, permit, or special identification card to a noncitizen upon the presentation of certain documentation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. SR 1071. By Senator Mullis of the 53rd: A RESOLUTION recognizing veterans of the Korean War and dedicating a highway in their honor; and for other purposes. Referred to the Transportation Committee. 1134 JOURNAL OF THE SENATE SR 1072. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Marine Lance Corporal William Taylor Richards and dedicating an intersection in his honor; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 456. By Representatives Byrd of the 20th, Hill of the 21st, Braddock of the 19th, Jerguson of the 22nd, Sheldon of the 105th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 541. By Representatives Epps of the 140th, Benton of the 31st, Baker of the 78th, Allison of the 8th, Weldon of the 3rd 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 provide for the offense of threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 548. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to workers' compensation, so as to provide that individuals who are parties to a franchise WEDNESDAY, FEBRUARY 29, 2012 1135 agreement shall not be considered employees; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 692. By Representative Mitchell of the 88th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores which were falsified or known or caused to be falsified by such teacher or professional; 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 766. By Representatives Benton of the 31st, England of the 108th, Burns of the 157th, Meadows of the 5th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 772. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; 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. 1136 JOURNAL OF THE SENATE HB 773. By Representatives Holt of the 112th, Welch of the 110th and Dickerson of the 95th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 845. By Representatives Watson of the 163rd, Cooper of the 41st, Purcell of the 159th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require early care and education programs to provide information on the influenza vaccine; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 877. By Representatives Jones of the 46th, Bruce of the 64th, Riley of the 50th, Fludd of the 66th, Martin of the 47th and others: A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. 1984, p. 3591), as amended, particularly by an Act approved March 27, 1992 (Ga. L. 1992, p. 5078), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, FEBRUARY 29, 2012 1137 HB 900. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 932. By Representatives Williams of the 4th, Dickson of the 6th and Powell of the 29th: A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, so as to change the required percentage of withholding payments due a nonresident subcontractor; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 942. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal 1138 JOURNAL OF THE SENATE portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 944. 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 revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 957. By Representative Williamson of the 111th: A BILL to be entitled an Act to amend an Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members of the board of education; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1004. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent WEDNESDAY, FEBRUARY 29, 2012 1139 members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1005. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1022. By Representatives Carter of the 175th, Black of the 174th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval 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 1082. By Representative Houston of the 170th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1140 JOURNAL OF THE SENATE HB 1095. By Representative Black of the 174th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880 1881, p. 518), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3680), so as to provide for new commissioner districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1096. By Representative Black of the 174th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for reapportionment of the board of education of Brooks County," approved March 5, 1984 (Ga. L. 1984, p. 3717), so as to provide for new education districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1098. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to provide for new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of 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 1099. By Representatives Houston of the 170th and Shaw of the 176th: A BILL to be entitled an Act to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4441), so as to WEDNESDAY, FEBRUARY 29, 2012 1141 change the description of the districts from which members of such board are elected; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of 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 1101. By Representative Allison of the 8th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Rabun County by the qualified electors of the Rabun County School District, approved March 13, 1978 (Ga. L. 1978, p. 3430), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1106. By Representative Epps of the 128th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871 - 1872, p. 230), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1107. By Representative Epps of the 128th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Meriwether County Board of Education," approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4795), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this 1142 JOURNAL OF THE SENATE Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1108. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Monroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), as amended, so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1109. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to change the description of the districts from which members of the commission are elected; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1111. By Representatives Shaw of the 176th and Sims of the 169th: A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson (now the Board of Commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as WEDNESDAY, FEBRUARY 29, 2012 1143 amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1112. By Representatives Shaw of the 176th and Sims of the 169th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3797), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1126. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3676), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1127. By Representative Powell of the 171st: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3667), so as to change the education districts; to provide for definitions and inclusions; to provide for the continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1144 JOURNAL OF THE SENATE HB 1131. By Representatives Cooke of the 18th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act relative to the Board of Commissioners of Haralson County, approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 247), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1144. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 763), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1145. By Representatives Knight of the 126th, Maddox of the 127th, Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 770), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, FEBRUARY 29, 2012 1145 HB 1146. By Representatives McCall of the 30th, Carter of the 175th, Hatchett of the 143rd, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to labor and industrial relations and social services, respectively, so as to create the Georgia Vocational Rehabilitation Services Board; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Georgia Vocational Rehabilitation Agency; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 1154. By Representative Jones of the 46th: A BILL to be entitled an Act to amend an Act to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), so as to authorize city councilmembers to be appointed to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1158. By Representatives Roberts of the 154th and Pruett of the 144th: A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5169), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for terms of office and manner of election; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 1146 JOURNAL OF THE SENATE HR 1376. By Representatives Greene of the 149th, Neal of the 1st, Bryant of the 160th, Horne of the 71st and Cheokas of the 134th: A RESOLUTION authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; to provide an effective date; and for other purposes. Referred to the State Institutions and Property Committee. At 1:15 p.m. the President announced that the Senate would stand in recess until 1:30 p.m. At 1:30 p.m. Senator Hooks of the 14th called the Senate to order. 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 364 SB 491 SR 999 Do Pass by substitute Do Not Pass Do Pass SB 452 Do Pass by substitute SB 501 Do Pass Respectfully submitted, Senator Millar 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: SB 487 Do Pass Respectfully submitted, Senator Crosby of the 13th District, Chairman WEDNESDAY, FEBRUARY 29, 2012 1147 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 48 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st 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 320 SB 506 SB 508 Do Pass by substitute Do Pass Do Pass by substitute Respectfully submitted, Senator Hill of the 32nd 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 312 SB 376 SB 484 Do Pass by substitute Do Pass by substitute Do Pass by substitute SB 368 SB 380 SB 489 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Higher Education Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 478 Do Pass by substitute Respectfully submitted, Senator Carter of the 1st District, Chairman 1148 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: HB 785 SB 438 SB 460 SB 471 Do Pass Do Pass by substitute Do Pass Do Pass SB 434 SB 450 SB 469 SB 503 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Goggans of the 7th 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 432 SB 449 SB 493 Do Pass by substitute Do Pass by substitute Do Pass Respectfully submitted, Senator Hamrick of the 30th 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 895 Do Pass SB 400 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman WEDNESDAY, FEBRUARY 29, 2012 1149 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 1065 Do Not Pass Respectfully submitted, Senator Balfour of the 9th District, Chairman Mr. President: The Special Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 465 Do Pass Respectfully submitted, Senator McKoon of the 29th District, Acting 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 1007 HB 1018 HB 1060 HB 1075 HB 1077 HB 1084 HB 1088 HB 1092 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1008 HB 1059 HB 1074 HB 1076 HB 1083 HB 1087 HB 1091 HB 1100 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman 1150 JOURNAL OF THE SENATE Mr. President: The State and Local Governmental Operations (General) Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 457 SB 498 Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Miller 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 444 SR 819 Do Pass by substitute Do Pass SB 492 SR 843 Do Pass by substitute 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 327 SB 473 Do Pass by substitute Do Pass by substitute SB 344 SR 872 Do Pass Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: HB 514 SB 292 SB 414 SB 470 HB 729 SB 341 SB 416 SB 483 HB 886 SB 355 SB 431 SB 485 SB 257 SB 374 SB 453 SR 719 SB 284 SB 379 SB 459 SB 288 SB 386 SB 464 WEDNESDAY, FEBRUARY 29, 2012 1151 The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Golden of the 8th Grant of the 25th Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Gooch Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Rogers Seay Shafer Sims Staton Stone Stoner Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Chance (Excused) Hooks (Presiding) Golden (Excused) Tate (Excused) Grant (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Paris of the 26th introduced the chaplain of the day, Pastor David Neeley of Macon, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1070. By Senators Jackson of the 24th, Goggans of the 7th, Tolleson of the 20th and Bulloch of the 11th: A RESOLUTION commending American Bikers Active Toward Education and recognizing February 29, 2012, as Bikers Day at the capitol; and for other purposes. 1152 JOURNAL OF THE SENATE SR 1073. By Senators Loudermilk of the 52nd, Heath of the 31st, Hill of the 32nd, Hill of the 4th, Bethel of the 54th and others: A RESOLUTION recognizing the Civil Air Patrol for their service to the citizens of Georgia; and for other purposes. SR 1074. By Senators Shafer of the 48th, Unterman of the 45th, Goggans of the 7th, Carter of the 1st, Tate of the 38th and others: A RESOLUTION commending the American Red Cross and proclaiming March, 2012, American Red Cross Month in Georgia; and for other purposes. SR 1075. By Senators Loudermilk of the 52nd and Bethel of the 54th: A RESOLUTION recognizing and commending the Coosa High School cheerleading squad on their exceptional performance in the 2011 GHSA Class AA State Cheerleading Championship; and for other purposes. SR 1076. By Senators Ligon, Jr. of the 3rd, Harbison of the 15th, Thompson of the 33rd, Stoner of the 6th, Chance of the 16th and others: A RESOLUTION recognizing and commending Jeffrey Lyndon Chapman; and for other purposes. SR 1077. By Senators Ramsey, Sr. of the 43rd, Jones of the 10th, Butler of the 55th, Tate of the 38th, Davenport of the 44th and others: A RESOLUTION recognizing the DeKalb Section of the National Council of Negro Women; and for other purposes. SR 1078. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION honoring the life and memory of Stuart Frederick Sligh, Jr.; and for other purposes. SR 1079. By Senators Carter of the 1st, Jackson of the 2nd and Hill of the 4th: A RESOLUTION honoring the life and memory of Michelle Gignilliat Harvey; and for other purposes. SR 1080. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Ms. Melanie B. HarrisSimmons on the occasion of her retirement; and for other purposes. WEDNESDAY, FEBRUARY 29, 2012 1153 SR 1081. By Senator Hill of the 32nd: A RESOLUTION recognizing the month of April, 2012, as Genocide Prevention and Awareness Month at the capitol; and for other purposes. SR 1082. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Georgia Women of Achievement's 2012 honoree, Ethel Harpst; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday February 29, 2012 Twenty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1007 Carter of the 1st Williams of the 19th LIBERTY COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Liberty County, approved March 12, 1935 (Ga. L. 1935, p. 712), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3624), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1008 Carter of the 1st Williams of the 19th LIBERTY COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Education of Liberty County, approved February 10, 1986 (Ga. L. 1986, p. 3542), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3632), so as to change the description of the education districts; to provide for definitions and inclusions; to 1154 HB 1018 HB 1059 HB 1060 JOURNAL OF THE SENATE provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Bulloch of the 11th GRADY COUNTY A BILL to be entitled an Act to amend an Act creating a new board of education of Grady County, approved March 5, 1968 (Ga. L. 1968, p. 2120), as amended, particularly by an Act approved September 26, 2001 (Ga. L. Ex. Sess. 2001, p. 660), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Stone of the 23rd BURKE COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Burke County, approved August 21, 1911 (Ga. L. 1911, p. 390), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3986), so as to change the description of the commissioner districts; to define certain terms; 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. Stone of the 23rd BURKE COUNTY A BILL to be entitled an Act to amend an Act creating the Burke County Board of Education, approved March 27, 1985 (Ga. L. 1985, p. 4481), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5156), so as to change the description of the education districts; to define certain terms; 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. HB 1074 HB 1075 HB 1076 WEDNESDAY, FEBRUARY 29, 2012 1155 Williams of the 19th LONG COUNTY A BILL to be entitled an Act to amend an Act to re-create and establish the Board of Commissioners of Long County, approved March 10, 1988 (Ga. L. 1988, p. 3755), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Williams of the 19th LONG COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the Board of Education of Long County, approved March 23, 1977 (Ga. L. 1977, p. 3293), as amended, particularly by an Act approved March 15, 1988 (Ga. L. 1988, p. 3964), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Hooks of the 14th TALBOT COUNTY A BILL to be entitled an Act to amend an Act establishing a Board of Commissioners of Talbot County, approved February 16, 1876 (Ga. L. 1876, p. 291), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4692), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for 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. 1156 HB 1077 HB 1083 HB 1084 JOURNAL OF THE SENATE Hooks of the 14th TALBOT COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Talbot County, approved April 5, 1993 (Ga. L. 1993, p. 4710), as amended, particularly by an Act approved June 4, 2003 (Ga. L. 2003, p. 4697), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th Golden of the 8th COOK COUNTY A BILL to be entitled an Act to amend an Act creating the Cook County Board of Education, approved March 28, 1986 (Ga. L. 1986, p. 5499), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5615), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th Golden of the 8th COOK COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cook County, approved August 12, 1919 (Ga. L. 1919, p. 627), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5621), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1087 HB 1088 HB 1092 WEDNESDAY, FEBRUARY 29, 2012 1157 Bulloch of the 11th COLQUITT COUNTY A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Colquitt County, approved March 24, 1974 (Ga. L. 1974, p. 3078), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3691), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Bulloch of the 11th COLQUITT COUNTY A BILL to be entitled an Act to amend an Act relating to the Board of Education of Colquitt County, approved March 12, 1970 (Ga. L. 1970, p. 2582), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3684), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th STILLMORE, CITY OF A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Stillmore, approved April 10, 1998 (Ga. L. 1998, p. 4316), so as to provide for staggered terms for members of the city council; to provide for the manner of election; to provide that the mayor and council shall appoint the city attorney and city clerk; to revise the duties of the mayor and council; to revise the amount of fines that may be imposed by the municipal court; to provide for the applicability of Chapter 2 of Title 21 of the O.C.G.A. to municipal elections; to provide for related matters; to repeal conflicting laws; and for other purposes. 1158 JOURNAL OF THE SENATE HB 1100 Goggans of the 7th BERRIEN COUNTY A BILL to be entitled an Act to amend an Act to establish an airport authority for Berrien County, approved March 20, 1985 (Ga. L. 1985, p. 3873), so as to increase the membership of the board of such authority; to provide for terms of office for such additional members; to provide for a quorum; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following local bill relating to homestead exemptions requires a two-thirds roll-call vote for passage: HB 1091 Chance of the 16th PIKE COUNTY A BILL to be entitled an Act to amend an Act providing for a homestead exemption from Pike County School District ad valorem taxation for certain residents, approved April 4, 1991 (Ga. Laws 1991, p. 3695), so as to increase the amount of the exemption from school district taxes for residents who are 65 and older; 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 Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Hamrick Y Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Orrock Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner E Tate Y Thompson, C WEDNESDAY, FEBRUARY 29, 2012 1159 Y Davis N Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local legislation, the yeas were 43, nays 1. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Jack Hill District 4 234 State Capitol Atlanta, GA 30334 Committees: Appropriations Natural Resources and the Environment Regulated Industries and Utilities Rules Finance The State Senate Atlanta, Georgia 30334 2/29/12 Mr. Secretary- Please record me voting "Aye" on the "Local Consent" Calendar. /s/ Jack Hill, 4th Senator Miller of the 49th introduced the doctor of the day, Dr. Hal Silcox III. Senator Millar of the 40th recognized Comcast for its Leaders and Achievers and Internet Essentials Programs, commended by SR 1037, adopted previously. Michael Hewitt addressed the Senate briefly. Senator Unterman of the 45th recognized Wednesday, February 29, 2012, as Skin Cancer Awareness Day at the state capitol, commended by SR 714, adopted previously. Senator Staton of the 18th recognized Wesleyan College, commended by SR 797, adopted previously. President Ruth Knox addressed the Senate briefly. 1160 JOURNAL OF THE SENATE Senator Jackson of the 24th recognized American Bikers Active Toward Education and declared February 29, 2012, as Bikers Day at the capitol, commended by SR 1070, adopted previously. Dan Forrest addressed the Senate briefly. Senator Balfour of the 9th recognized LifeSouth Community Blood Centers and the Five Points of Life Foundation, commended by SR 1026, adopted previously. Senator Paris of the 26th honored the life and memory of Senator Robert Brown, commended by SR 1023, adopted previously. Senator Staton of the 18th spoke in remembrance to the Senate. Senator Paris of the 26th recognized citizens and public officials from Macon and Bibb County and observing February 29, 2012, as Macon Day at the state capitol, commended by SR 966, adopted previously. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Ramsey, Sr. of the 43rd SENATE CONVENES AT 1:00 P.M. SENATE RULES CALENDAR WEDNESDAY, FEBRUARY 29, 2012 TWENTY-EIGHTH LEGISLATIVE DAY SB 238 Handicapped Persons; motorized wheelchair/scooter operated on public ways after dark shall be equipped with reflectors (Substitute) (PUB SAF-35th) SB 381 Local Government; electronic transmission of budgets; change certain definitions (ED&Y-3rd) SB 403 Education; school health nurse programs; revise provisions (Committee amend AM 33 1150) (APPROP-40th) SB 404 Education; provide for development of category -level expenditure controls for staff development funds (Substitute) (APPROP-40th) SB 405 Student Achievement Office of; private college submit confidential student data to Dept. of Education shall not be liable for breach (Substitute) (ED&Y-49th) WEDNESDAY, FEBRUARY 29, 2012 1161 SB 412 SB 424 SB 427 SB 429 SR 858 HR 1103 SB 346 HR 1162 SB 321 SB 348 SB 384 SB 406 County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section (ED&Y-40th) Foundations of American Law and Government Displays; revise provisions (GvtO-31st) Administrative Procedure; require agency procedures for timely processing; applications for issuance/renewal of licenses (Substitute) (ECD-20th) General Assembly; fiscal notes for bills changing compensation; change provisions (Substitute) (ECD-20th) U.S.Congress; urge to permit the use of "cellular jammers" for the prevention of illegal cell phone use in prisons, jails, youth detention facilities (PUB SAF-25th) Deputy James D. Paugh Memorial Highway; Richmond County; dedicate (TRANS-22nd) Sims-119th State Board of Pharmacy; prescription drugs by mail/other common carriers; provisions (Substitute) (H&HS-9th) General Assembly; state-wide education policy; clarify authority - CA (ED&Y-16th) Jones-46th Secondary Metal Recyclers; comprehensive revision of provisions (Substitute) (RI&U-45th) Civil Practice; personal service of a summons on a corporation; provisions (Substitute) (S JUDY-10th) Conservation/Natural Resources; commercial lawn/landscape companies shall not deposit grass trimmings; within 50 meters of storm drain (Substitute) (NR&E-43rd) 'Jace Hester Law'; emergency closure of an early care and education program upon death of a minor (ED&Y-12th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee 1162 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: SB 238. By Senators James of the 35th, Davenport of the 44th, Tate of the 38th, Seay of the 34th, Orrock of the 36th and others: A BILL to be entitled an Act to amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to provide that any motorized wheelchair or scooter operated on public ways and sidewalks after dark shall be equipped with reflectors; to provide that any such wheelchairs and scooters sold in this state shall be equipped with reflectors; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 238: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, so as to provide that any motorized wheelchair or scooter operated on public ways and sidewalks shall be equipped with reflectors; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 1 of Title 30 of the Official Code of Georgia Annotated, relating to general provisions relative to handicapped persons, is amended by adding a new Code section to read as follows: "30-1-7. Every motorized wheelchair and scooter which is operated on the sidewalks and public ways of this state shall be equipped with reflectors of a type approved by the Department of Public Safety for bicycles. The reflectors shall be so designed and situated as to be visible from the front, side, and rear of the motorized wheelchair or scooter during darkness from a distance of 200 feet." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. WEDNESDAY, FEBRUARY 29, 2012 1163 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 2. SB 238, having received the requisite constitutional majority, was passed by substitute. SB 381. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Hill of the 4th, Stone of the 23rd, Crane of the 28th and others: A BILL to be entitled an Act to amend Chapter 80 of Title 36 of the Official Code of Georgia Annotated, relating to local government general provisions, so as to change certain definitions relating to the electronic transmission of budgets; 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 Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Orrock Paris E Ramsey 1164 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 381, having received the requisite constitutional majority, was passed. The President resumed the Chair. SB 403. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: 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 school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following amendment: Amend SB 403 by inserting after "funding." on line 62 the following: Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses. On the adoption of the amendment, there were no objections, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. WEDNESDAY, FEBRUARY 29, 2012 1165 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 403, having received the requisite constitutional majority, was passed as amended. The following communication was received by the Secretary: Senator Bill Hamrick District 30 121-H State Capitol Atlanta, GA 30334 Committees: Judiciary Rules Public Safety Appropriations Ethics Senator Bill Hamrick District 30 2/29/12 I vote Yes on SB 403 /s/ Bill Hamrick District 30 1166 JOURNAL OF THE SENATE Senator Rogers of the 21st was excused for business outside the Senate Chamber. SB 404. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Appropriations Committee offered the following substitute to SB 404: A BILL TO BE ENTITLED AN ACT To amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising paragraph (3) of subsection (a) of Code Section 20-2-167, relating to funding for direct instructional, media center, and staff development costs, as follows: "(3) The state board shall annually compute, based upon the initial allotment of funds to each local school system, the total funds needed system wide for staff development costs. In computing the total funds needed for these categories, the state board shall apply the percentage that these costs represent of the total costs used in developing the program weights. Following the midterm adjustment, the state board shall issue allotment sheets for each local school system and each school reflecting the total amount, initial earnings, and midterm adjustment, if any, of earnings for each program specified in subsection (b) of Code Section 20-2-161. Each local school system shall spend 100 percent of the funds designated for staff and professional development costs, as allowed by State Board of Education policy, for such costs. The State Board of Education, in consultation with the Professional Standards Commission, shall WEDNESDAY, FEBRUARY 29, 2012 1167 establish category-level expenditure controls to ensure that the staff development funds allotted pursuant to this paragraph are utilized in such a manner as to help align professional learning with results in improved student achievement. Such categorylevel expenditure controls shall be established no later than July 1, 2015, and shall reflect the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. For each local school system which is granted an additional allotment for the midterm adjustment pursuant to Code Section 20-2-162, these amounts shall be increased by the portion of the midterm adjustment allotment which is applied to staff development. In the event a local school system does not actually enroll the full-time equivalent count that was anticipated by its initial allocation and it elects to return a portion of its allocation for staff development and professional development costs to the state, the 100 percent amount for staff development shall be reduced by that returned amount. Quality Basic Education Formula funds in excess of the amount required by this paragraph to be expended by a local school system for staff development and professional development of certificated and instructional personnel which are not expended for this purpose may be expended only for staff development of noncertificated personnel employed by the local school system and the members of the local school board, for meeting certification requirements of personnel, and for administration and operation of the staff development and professional development programs authorized pursuant to subsection (h) of Code Section 20-2-182." SECTION 2. Said article is further amended by revising subsection (h) of Code Section 20-2-182, relating to program weights to reflect funds for payment of salaries and benefits, as follows: "(h) All program weights, when multiplied by the base amount, shall reflect, whenever they are revised pursuant to subsection (f) of Code Section 20-2-161, an amount of funds for the purpose of providing staff and professional development to certificated and classified personnel and local school board members which shall be at least equivalent to 1.5 1.0 percent of salaries of all certificated professional personnel used in the development of each respective program weight, subject to appropriation by the General Assembly. Beginning in Fiscal Year 2014, such amount shall include funding for school level administrators in the same manner as for other certificated professional personnel. Beginning in Fiscal Year 2015, such amount shall be at least equivalent to 0.9 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight, subject to appropriation by the General Assembly. Funds used for professional or staff development purposes may be used throughout the fiscal year, including days when students are not present at school, to meet professional or staff development needs in the order of priority determined by the local board of education within the comprehensive professional and staff development program plan approved by the State 1168 JOURNAL OF THE SENATE Board of Education pursuant to Code Section 20-2-232. Such professional and staff development program plan shall address deficiencies of certificated personnel as identified by evaluations required under Code Section 20-2-210. Where possible, professional Further, professional and staff development funds shall be used for activities that enhance the skills of certificated personnel and directly relate to student achievement, as reflected in the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. Subsequent certificated personnel evaluations shall include an assessment of an employee's professional and staff development activities and their effect on identified deficiencies and student achievement. Funds for professional development purposes may be used for activities occurring at any time during the fiscal year outside of an employee's normal contract hours." SECTION 3. Said article is further amended in Part 5, relating to program weights and funding requirements, by adding a new Code section to read as follows: "20-2-190. (a) Subject to appropriations by the General Assembly, the State Board of Education shall provide professional development centered on state-wide strategic initiatives. Such strategic initiatives may include, but are not limited to, training on the new common core curriculum, support for under-performing educators, and mentoring programs in specific subject areas. (b) It is the intention of the General Assembly that: (1) For Fiscal Year 2014, an amount equivalent to 0.15 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section; and (2) For Fiscal Year 2015 and thereafter, an amount equivalent to 0.25 percent of salaries of all certificated professional personnel, including school level administrators, used in the development of each respective program weight be appropriated to the State Board of Education for purposes of funding state-wide strategic initiatives for professional development, as provided in subsection (a) of this Code section." SECTION 4. Said article is further amended by revising subsection (b) of Code Section 20-2-201, relating to specific course requirements, in-service or continuing education, and on-line offerings for certificated professional personnel, as follows: "(b) Each local unit of administration shall be required to provide all professional personnel certificated by the Professional Standards Commission 12 clock hours of inservice or continuing education in each calendar year, or meet requirements of the WEDNESDAY, FEBRUARY 29, 2012 1169 Southern Association of Colleges and Schools. Such in-service programs shall be developed by the local unit of administration in conjunction with such agencies as regional educational service agencies, colleges and universities, and other appropriate organizations. These programs shall be designed to address identified needs determined by appropriate personnel evaluation instruments. These programs shall also focus on improving the skills of certificated personnel that directly relate to improving student achievement, as reflected in the revised certification renewal rules established by the Professional Standards Commission pursuant to paragraph (4.1) of subsection (b) of Code Section 20-2-200 regarding the impact of professional learning on student achievement. Records of attendance shall be maintained by local units of administration and shall be monitored by appropriate Department of Education staff." 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 Albers Y Balfour N Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones N Ligon N Loudermilk Y McKoon Y Millar N Miller N Mullis Y Murphy Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 1170 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 45, nays 6. SB 404, having received the requisite constitutional majority, was passed by substitute. SB 405. By Senators Miller of the 49th, Jackson of the 24th, Wilkinson of the 50th, Orrock of the 36th, Albers of the 56th and others: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the office of student achievement, so as to provide that a private college that submits confidential student data and records to the Department of Education shall not be liable for the breach of the confidentiality of such data and records by the Department of Education; 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 405: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Office of Student Achievement, so as to provide that a private college that submits confidential student data and records to the Office of Student Achievement shall not be liable for the breach of the confidentiality of such data and records by the Office of Student Achievement; 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 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the Office of Student Achievement, is amended by adding a new Code section to read as follows: "20-14-29. (a) When private colleges and universities in this state provide the Office of Student Achievement with confidential student data or records concerning students enrolled in such private colleges and universities, such private colleges and universities shall not be held liable in any court in this state for any breach of confidentiality, disclosure, use, retention, or destruction of such information if such breach, disclosure, use, retention, or destruction resulted from actions of the Office of Student Achievement or its staff and not from the transmission of the information by the private college or university before such information reached the Office of Student Achievement. (b) This Code section shall apply to any student data or records that are confidential WEDNESDAY, FEBRUARY 29, 2012 1171 under any law of this state or any federal law, including, but not limited to, the federal Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g." 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 Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 405, having received the requisite constitutional majority, was passed by substitute. 1172 JOURNAL OF THE SENATE The following communication was received by the Secretary: Committees: Senator William Ligon Education and Youth District 3 Ethics 323-B Coverdell Legislative Office Building Health and Human Services Atlanta, GA 30334 Judiciary Public Safety Regulated Industries and Utilities The State Senate Atlanta, Georgia 30334 Feb. 29, 2012 Please let the record reflect that I intended to vote yes on SB 405. Thank you, /s/ William Ligon SB 412. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Code Section 20-2-52.1 of the Official Code of Georgia Annotated, relating to composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes and terms of service, so as to delay the effective date of such Code section until January 1, 2015; 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N Orrock N Paris E Ramsey E Rogers N Seay Y Shafer N Sims Y Staton Y Stone WEDNESDAY, FEBRUARY 29, 2012 1173 Y Crane Y Crosby N Davenport N Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 37, nays 17. SB 412, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Vincent Fort District 39 121-J State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Interstate Cooperation Judiciary Reapportionment and Redistricting Urban Affairs The State Senate Atlanta, Georgia 30334 2/29/12 It was my intent to vote against SB 412. /s/ Vincent Fort The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Millar of the 40th SB 424. By Senators Heath of the 31st, Loudermilk of the 52nd, Wilkinson of the 50th, Williams of the 19th, Hill of the 32nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives 1174 JOURNAL OF THE SENATE and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Stoner N Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 41, nays 9. SB 424, having received the requisite constitutional majority, was passed. SB 427. By Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of the 40th, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedure upon grant, denial, renewal, revocation, suspension, annulment, or withdrawal of licenses, so as to require agency procedures for timely processing of and status reports regarding applications for issuance or renewal of licenses; to repeal conflicting laws; and for other purposes. WEDNESDAY, FEBRUARY 29, 2012 1175 The Senate Economic Development Committee offered the following substitute to SB 427: A BILL TO BE ENTITLED AN ACT To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the director of the division, the Environmental Advisory Council, appeal procedures generally, permit applications, and inspections, so as to require procedures for timely processing of and status reports regarding applications for issuance or renewal of permits and variances; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the director of the division, the Environmental Advisory Council, appeal procedures generally, permit applications, and inspections, is amended by revising subparagraph (c)(1)(A) as follows: "(c)(1)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall develop and implement procedures for timely processing of applications made to the division for issuance or renewal of permits or variances, subject to compliance with requirements of law regarding such applications. Such procedures shall also provide any applicant who has applied to the division for issuance or renewal of a permit or variance with the ability to securely track the status of his or her application, with real time updates, via the division's Internet website. The director shall notify all permit or variance applicants within ten days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall notify applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance." 1176 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. SB 427, having received the requisite constitutional majority, was passed by substitute. SB 429. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs relative to the General Assembly, so as to change certain provisions relating to fiscal notes for bills changing compensation; to change certain provisions relating to introduction of bills having significant impact upon anticipated revenues or expenditures WEDNESDAY, FEBRUARY 29, 2012 1177 and furnishing of fiscal notes; to change certain provisions relating to state and local government partnership; to amend Part 1 of Article 1 of Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to the State Employees' Health Insurance Plan, so as to change certain provisions relating to fiscal notes required for bills impacting employees' health insurance plans; to repeal conflicting laws; and for other purposes. The Senate Economic Development Committee offered the following substitute to SB 429: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs relative to the General Assembly, so as to change certain provisions relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 28 of the Official Code of Georgia Annotated, relating to financial affairs relative to the General Assembly, is amended by revising Code Section 28-5-42, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, as follows: "28-5-42. (a)(1) Any general bill having a significant impact on the anticipated revenue or expenditure level of any state department, bureau, board, council, committee, commission, or other state agency must or having a significant impact on costs incurred by private employers in this state shall be introduced no later than the twentieth day of any session. The sponsor of such legislation must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by November 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. With respect to a member-elect of the General Assembly, such person must request a fiscal note from the Office of Planning and Budget and the Department of Audits and Accounts by December 1 of the year preceding the annual convening of the General Assembly in which the bill is to be introduced, but subsequent to the preparation of such bill by the Office of Legislative Counsel. The director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note not later than the day of convening of the General Assembly. 1178 JOURNAL OF THE SENATE (2) The failure to request a fiscal note by November 1 or December 1, as applicable, as provided in paragraph (1) of this subsection shall preclude consideration of the measure by the Senate or the House of Representatives unless the committee to which a bill is assigned in the chamber in which it is introduced: (A)(i) Determines that such bill will have a significant impact as described in paragraph (1) of this subsection; (ii) Waives the applicable November 1 or December 1 deadline of paragraph (1) of this subsection; (iii) Requests a fiscal note from the director of the Office of Planning and Budget and the state auditor, except as otherwise provided in subsection (e) of this Code section; and (iv) Among fiscal notes so requested, the chairperson of such committee suggests a preferred order of completion to guide the director of the Office of Planning and Budget and the state auditor; or (B) Determines that such bill will not have a significant impact as described in paragraph (1) of this subsection. (3) Any such determination or waiver shall be by the affirmative vote of a majority of the members of the committee, on a specific motion for waiver, and shall allow consideration of the measure by both chambers so long as the bill has been introduced not later than the twentieth day of any session. (4) Any general bill having a significant impact on the anticipated revenue or expenditure level of counties and municipalities must be introduced no later than the twentieth day of any session. (5) This article shall not apply to any local bill affecting a county or municipality which must be advertised in accordance with the requirements of Code Section 28-114, relating to the advertisement of local legislation. (b) In the event any general bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced after the twentieth day of any session, it shall not be considered or acted upon in any manner by either the Senate or the House of Representatives. The President of the Senate shall decide whether a bill which is introduced in the Senate falls within this category; and the Speaker of the House of Representatives shall decide whether a bill which is introduced in the House of Representatives falls within this category. The President of the Senate shall have the same right of decision on House bills which reach the Senate; and the Speaker of the House of Representatives shall have the same right of decision on Senate bills which reach the House of Representatives. (c)(1) In the event a general bill having a significant impact as described in paragraph (1) of subsection (a) of this Code section is introduced not later than the twentieth day of any session, the chairperson of the committee to which such bill is referred shall request the director of the Office of Planning and Budget and the state auditor to submit any such fiscal note as to the fiscal effect of any such bill and to file a copy of such fiscal note with the Senate Budget Office and the House Budget Office. The chairperson shall make such request after the bill is referred to the WEDNESDAY, FEBRUARY 29, 2012 1179 committee. (2) The chairperson shall not be required to make such request with respect to any bill for which: (A) A fiscal note has been requested by the sponsor of the bill pursuant to paragraph (1) of subsection (a) of this Code section and the chairperson has been duly notified in writing of such request by such sponsor; or (B) The director of the Office of Planning and Budget and the state auditor have previously submitted a fiscal note pursuant to a request under paragraph (1) of subsection (a) of this Code section. (d) In the event a determination is made under subparagraph (a)(2)(B) of this Code section that a bill will not have a significant impact, if the director of the Office of Planning and Budget or the state auditor has information or knowledge that any bill will have a significant impact as described in paragraph (1) of subsection (a) of this Code section, a fiscal note may be prepared according to the criteria outlined in subsection (g) of this Code section. Such a fiscal note may be prepared without a request by the bill's author or the committees to which it is assigned in either chamber. Any fiscal note prepared according to this subsection shall be distributed consistent with Code Section 28-5-44. (e) During any regular session of the General Assembly, the director of the Office of Planning and Budget and the state auditor shall prepare and submit the fiscal note within five days after receipt of the request or within ten days if the director of the Office of Planning and Budget and the state auditor have made a formal request for extension of time. (f) The principal administrative and fiscal officers of all departments, boards, councils, committees, commissions, and other agencies of the state government and, when applicable, of counties, municipalities, and other political subdivisions are authorized and directed to cooperate fully with the director of the Office of Planning and Budget and the state auditor in providing any information and assistance necessary in the preparation of fiscal notes pursuant to this Code section. (g) The fiscal note required by this Code section shall include a reliable estimate in dollars of the anticipated change in revenue or expenditures under the provisions of the bill, along with an estimate of costs of incurred by private employers in complying with the bill. It shall also include a statement as to the immediate effect and, if determinable or reasonably foreseeable, the long-range effect of the measure. If, after careful investigation, it is determined that no dollar estimate is possible, the fiscal note shall contain a statement to that effect, setting forth the reasons why no dollar estimate can be given. In this event, the fiscal note shall contain an example based on a specific situation or reflecting the average group of persons possibly affected by the bill so as to provide an indication of the cost of such bill to the General Assembly. Assumptions used to develop these averages shall be noted in the fiscal note and the criteria included herein shall constitute a fiscal note. No comment or opinion regarding the merits of the measure for which the statement is prepared shall be included in the fiscal note; however, technical or mechanical defects may be noted. The state auditor and the 1180 JOURNAL OF THE SENATE director of the Office of Planning and Budget shall jointly prepare their fiscal note; and, if there is a difference of opinion between such officials, it shall be noted in the fiscal note. In the event the director of the Office of Planning and Budget and the state auditor concur that the fiscal note on any such bill cannot be prepared within the fiveday limitation in effect during any regular session of the General Assembly, they shall so inform the chairperson in writing and shall be allowed to submit said note not later than ten days after the request for it is made." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Hill of the 32nd offered the following amendment #1: Amend LC 37 1404S to SB 429 by inserting on line 101 after the period, "The fiscal note shall also set forth the estimated savings to the state by enactment of such bill." On the adoption of the amendment, there were no objections, and the Hill of the 32nd amendment #1 to the committee substitute was adopted. Senator Carter of the 42nd offered the following amendment #2: Amend the committee substitute to SB 429 by adding after line 52 (6) If any member of the General Assembly requests from the Chair of the committee to which a bill is assigned, the Committee shall determine whether the bill has a significant impact on anticipated revenue or expenditure level for purposes of this Code Section." Senator Carter of the 42nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Carter of the 42nd amendment #2 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath N Orrock N Paris E Ramsey WEDNESDAY, FEBRUARY 29, 2012 1181 Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Goggans Y Golden Y Gooch N Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers N Seay Y Shafer Sims N Staton Y Stone Y Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 39, nays 13. SB 429, having received the requisite constitutional majority, was passed by substitute. Senator Albers of the 56th recognized Mr. James "Moby" Carney on his induction into the Georgia Radio Hall of Fame and the Country DJ Hall of Fame, commended by SR 1051, adopted previously. Mr. James "Moby" Carney addressed the Senate briefly. Senator Miller of the 49th asked unanimous to suspend Senate Rules to read a State and Local Governmental Operations Committee Report. There was no objection. The following committee report was read by the Secretary: Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SB 494 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman 1182 JOURNAL OF THE SENATE Senator Tate of the 38th was excused for business outside the Senate Chamber. The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Wednesday February 29, 2012 Twenty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 494 Ginn of the 47th Cowsert of the 46th CLARKE COUNTY A BILL to be entitled an Act to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4246), so as to change the composition and description of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for terms of office and manner of election; to provide for definitions and inclusions; to provide for the manner of redistricting; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The report of the committee, which was favorable to the passage of the local legislation as reported, was agreed to. On the passage of the legislation, a roll call was taken, and the vote was as follows: Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims WEDNESDAY, FEBRUARY 29, 2012 1183 Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Golden N Gooch Y Grant Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon N Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 46, nays 6. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th was excused for business outside the Senate Chamber. The Calendar was resumed. SR 858. By Senators Grant of the 25th, Hill of the 4th, Goggans of the 7th, Carter of the 1st, Unterman of the 45th and others: A RESOLUTION urging the Congress of the United States to amend the Communications Act of 1934 and the Federal Communication Commission's rules so as to permit the use of "cellular jammers" for the prevention of illegal cell phone use in prisons, jails, and youth detention facilities; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims 1184 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the adoption of the resolution, the yeas were 51, nays 0. SR 858, having received the requisite constitutional majority, was adopted. HR 1103. By Representatives Sims of the 119th, Murphy of the 120th, Howard of the 121st, Smith of the 122nd and Frazier of the 123rd: A RESOLUTION honoring the life of Deputy James D. Paugh and dedicating a road in his memory; and for other purposes. Senate Sponsor: Senator Davis of the 22nd. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner E Tate Y Thompson, C Y Thompson, S WEDNESDAY, FEBRUARY 29, 2012 1185 Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 51, nays 0. HR 1103, having received the requisite constitutional majority, was adopted. SB 346. By Senators Balfour of the 9th, Carter of the 1st and Henson of the 41st: A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to 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 346: A BILL TO BE ENTITLED AN ACT To amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to 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 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, is amended by revising paragraph (11) of subsection (a) as follows: "(11) Regularly employing the mails or other common carriers to sell, distribute, and deliver a drug which requires a prescription directly to a patient; provided, however, that this provision shall not prohibit the use of the mails or other common carriers to sell, distribute, and deliver a prescription drug directly to: (A) A patient or directly to a patient's guardian or caregiver or a physician or 1186 JOURNAL OF THE SENATE physician acting as the patient's agent for whom the prescription drug was prescribed if: (i) Such prescription drugs are prescribed for complex chronic, terminal, or rare conditions; (ii) Such prescription drugs require special administration, comprehensive patient training, or the provision of supplies and medical devices or have unique patient compliance and safety monitoring requirements; (iii) Due to the prescription drug's high monetary cost, short shelf life, special manufacturer specified packaging and shipping requirements or instructions which require temperature sensitive storage and handling, limited availability or distribution, or other factors, the drugs are not carried in the regular inventories of retail pharmacies such that the drugs could be immediately dispensed to multiple retail walk-in patients; (iv) Such prescription drug has an annual retail value to the patient of more than $10,000.00; (v) The patient receiving the prescription drug consents to the delivery of the prescription drug via expedited overnight common carrier and designates the specialty pharmacy to receive the prescription drug on his or her behalf; (vi) The specialty pharmacy utilizes, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (vii) The specialty pharmacy establishes and notifies the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs; or (B) An institution or to sell, distribute, or deliver prescription drug refills drugs, upon his or her request, to an enrollee in a health benefits plan of a group model health maintenance organization or its affiliates by a pharmacy which is operated by that same group model health maintenance organization and licensed under Code Section 26-4-110 or to a patient on behalf of a pharmacy. Any pharmacy using the mails or other common carriers to dispense prescriptions pursuant to this paragraph shall comply with the following conditions: (i) The pharmacy shall provide an electronic, telephonic, or written communications mechanism which reasonably determines whether the medications distributed by the mails or other common carriers have been received by the enrollee and through which a pharmacist employed by the group model health maintenance organization or a pharmacy intern under his or her direct supervision is enabled to offer counseling to the enrollee as authorized by and in accordance with his or her obligations under Code Section 26-4-85, unless the enrollee refuses such consultation or counseling pursuant to subsection (e) of such Code section. In addition, the enrollee shall receive information indicating what WEDNESDAY, FEBRUARY 29, 2012 1187 he or she should do if the integrity of the packaging or medication has been compromised during shipment; (ii) In accordance with clinical and professional standards, the State Board of Pharmacy shall promulgate a list of medications which may not be delivered by the mails or other common carriers. However, until such list is promulgated, the group model health maintenance organization shall not deliver by use of the mails or other common carriers Class II controlled substance medications, medications which require refrigeration, chemotherapy medications deemed by the federal Environmental Protection Agency as dangerous, medications in suppository form, and other medications which, in the professional opinion of the dispensing pharmacist, may be clinically compromised by distribution through the mail or other common carriers; (iii) The pharmacy shall utilize, as appropriate and in accordance with standards of the manufacturer, United States Pharmacopeia, and Federal Drug Administration and other standards adopted by the State Board of Pharmacy, temperature tags, time temperature strips, insulated packaging, or a combination of these; and (iv) The pharmacy shall establish and notify the enrollee of its policies and procedures to address instances in which medications do not arrive in a timely manner or in which they have been compromised during shipment and to assure that the pharmacy replaces or makes provisions to replace such drugs. For purposes of subparagraph (B) of this paragraph, the term 'group model health maintenance organization' means a health maintenance organization that has an exclusive contract with a medical group practice to provide or arrange for the provision of substantially all physician services to enrollees in health benefits plans of the health maintenance organization; or (C) A pharmacist or pharmacy to dispense a prescription and deliver it to another pharmacist or pharmacy to make available for a patient to receive the prescription and patient counseling according to Code Section 26-4-85. The State Board of Pharmacy shall adopt any rules and regulations necessary to implement this subparagraph." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th offered the following amendment #1: Amend Senate Health and Human Services Committee substitute to SB 346 by inserting after "carriers;" on line 4 the following: to amend Code Sections 26-4-5 and 26-4-80 of the Official Code of Georgia Annotated, relating to definitions and dispensing of prescription drugs, respectively, so as to authorize the use of remote order entry for hospital pharmacies; to provide for submission of policies; 1188 JOURNAL OF THE SENATE By inserting between lines 84 and 85 the following: SECTION 1A. Code Section 26-4-5 of the Official Code of Georgia Annotated, relating to definitions relative to pharmacists and pharmacies, by adding a new paragraph to read as follows: "(37.2) 'Remote order entry' means the entry made by a pharmacist located within the State of Georgia from a remote location indicating that the pharmacist has reviewed the patient specific drug order for a hospital patient, has approved or disapproved the administration of the drug for such patient, and has entered the information in the hospital's patient record system." SECTION 1B. Code Section 26-4-80 of the Official Code of Georgia Annotated, relating to dispensing of prescription drugs, is amended by revising paragraph (7) of subsection (c) as follows: "(7)(A) The board shall promulgate rules and regulations which may provide specific exceptions under this Code section for institutional settings such as hospital pharmacies, nursing home pharmacies, clinic pharmacies, or pharmacies owned or operated directly by health maintenance organizations. (B) The rules established pursuant to subparagraph (A) of this paragraph shall specifically authorize hospital pharmacies to use remote order entry when: (i) The licensed pharmacist is not physically present in the hospital, the hospital pharmacy is closed, and a licensed pharmacist will be physically present in the hospital pharmacy within 16 hours; or (ii) When at least one licensed pharmacist is physically present in the hospital pharmacy and at least one other licensed pharmacist is practicing pharmacy in the hospital but not physically present in the hospital pharmacy. (C) Before a hospital may engage in remote order entry as provided in this paragraph, the director of pharmacy of the hospital shall submit to the board written policies and procedures for the use of remote order entry. The required policies and procedures to be submitted to the board shall be in accordance with the American Society of Health-System Pharmacists and shall contain provisions addressing quality assurance and safety, mechanisms to clarify medication orders, processes for reporting medication errors, documentation and record keeping, secure electronic access to the hospital pharmacy's patient information system and to other electronic systems that the on-site pharmacist has access to, access to hospital policies and procedures, confidentiality and security, and mechanisms for real-time communication with prescribers, nurses, and other care givers responsible for the patient's health care. (D) If the board concludes that the hospital's actual use of remote order entry does not comply with this paragraph or the rules adopted pursuant to this chapter, it may issue a cease and desist order after notice and hearing." WEDNESDAY, FEBRUARY 29, 2012 1189 On the adoption of the amendment, there were no objections, and the Balfour 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson 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. The following communication was received by the Secretary: Senator Butch Miller District 49 109 State Capitol Atlanta, GA 30334 Committees: State and Local Governmental Operations Economic Development Agriculture and Consumer Affairs Transportation Natural Resources and the Environment 1190 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 2/29/12 It was my intention to vote yes on SB 346. /s/ Butch Miller, 49th 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 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include state charter schools; to provide for related matters; to provide for the submission of this amendment for ratification or rejection; and for other purposes. WEDNESDAY, FEBRUARY 29, 2012 1191 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section I of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law." SECTION 2. Article VIII, Section V of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established." SECTION 3. Article VIII, Section V of the Constitution is amended by revising Paragraph VII as follows: "Paragraph VII. Special schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of the local board of education and a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools may include state charter schools; provided, however, that special schools shall 1192 JOURNAL OF THE SENATE only be public schools. A state charter school under this section shall mean a public school that operates under the terms of a charter between the State Board of Education and a charter petitioner; provided, however, that such state charter schools shall not include private, sectarian, religious, or for profit schools or private educational institutions; provided, further, that this Paragraph shall not be construed to prohibit a local board of education from establishing a local charter school pursuant to Article VIII, Section V, Paragraph I. The state is authorized to expend state funds for the support and maintenance of special schools in such amount and manner as may be provided by law; provided, however, no deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to general law as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside within the geographic boundaries of the local school system. (b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983." SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to allow state or local ( ) NO approval of public charter schools upon the request of local communities?" 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 Chance of the 16th asked unanimous consent that HR 1162 be placed on the Table. The consent was granted, and HR 1162 was placed on the Table. The following Senators were excused for business outside the Senate Chamber: Chance of the 16th Rogers of the 21st Davis of the 22nd Hamrick of the 30th SB 321. By Senators Unterman of the 45th, McKoon of the 29th, Stone of the 23rd and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as WEDNESDAY, FEBRUARY 29, 2012 1193 to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 321: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to provide for definitions, procedures, conditions, and limitations relating to the buying and selling of regulated metal property; to provide for powers, duties, and authority of sheriffs and other law enforcement officers; to provide for permits and fees; to provide for a state-wide data base; to provide for criminal offenses and penalties; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; 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: PART I SECTION 1-1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Article 14, relating to secondary metals recyclers, to read as follows: 1194 JOURNAL OF THE SENATE "ARTICLE 14 10-1-350. As used in this article, the term: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (1)(3) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (4) 'Fixed site' means any site in this state occupied by a secondary metals recycler as an owner or a lessee of such site or in the case of a natural person, where such person resides, is primarily located, or primarily engages in business as a secondary metals recycler. (2)(5) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (3)(6) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (4)(7) 'Person' means an individual, partnership, corporation, joint venture, trust, association, and any other legal business entity. (5)(8) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security, which shall contain the individual's name, address, and photograph. (6)(9) 'Purchase transaction' means a transaction in which a secondary metals recycler gives consideration in exchange for regulated metal property. (7)(10) 'Regulated metal property' means any item composed primarily of any ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converter but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. (8)(11) 'Secondary metals recycler' means any person who is engaged, from a fixed location site or otherwise, in the business in this state of paying compensation for ferrous or nonferrous metals that have served their original economic purpose, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. 10-1-350.1. (a) As used in this Code section, the term 'coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within WEDNESDAY, FEBRUARY 29, 2012 1195 the system itself, or coil from an automobile condenser. (b) No secondary metals recycler shall purchase any coil unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; or (2) A person with verifiable documentation, such as a receipt or work order, indicating that the coils are the result of a replacement of condenser coils or a heating or air-conditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43. (c) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; or (2) A person with a certified copy of a police report showing that such person's real property was involved in a fire. 10-1-351. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information: (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a clear, undistorted manner; (4)(5) The amount of consideration given in a purchase transaction for the regulated metal property; (5)(6) A signed statement from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the regulated metal property or is entitled to sell the regulated metal property being sold; (7) A signed statement from the person selling the regulated metal property stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed site or otherwise, in the business in this state of paying compensation for ferrous or nonferrous metals that have served their original economic purpose, whether or not engaged in the business of performing the 1196 JOURNAL OF THE SENATE manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (aluminum beverage containers, used beverage containers, or similar beverage containers are exempt), may be sold to a secondary metals recycler unless such secondary metals recycler is a holder of a valid permit issued pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated'; (6)(8) A photocopy scanned or photocopied copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler; (9) A classifiable, electronically recorded thumbprint of the person delivering the regulated metal property to the secondary metals recycler; (7)(10) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler; and (8)(11) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; (12) A scanned or photocopied copy of the verifiable documentation, reports, and licenses required pursuant to Code Section 10-1-350.1; and (13) A scanned or photocopied copy of the permit issued by the sheriff pursuant to Code Section 10-1-358, if the regulated metal property is purchased from a secondary metals recycler. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. In addition, all of the information required by subsection (a) of this Code section, except for the scanned or photocopied copy of the permit specified in paragraph (13) of subsection (a) of this Code section, shall be provided to the sheriff of the county from which the secondary metals recycler has received the permit under Code Section 10-1-358. The sheriff shall place or cause to be placed such information in the data base established under Code Section 10-1-358. (c) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles statement on a form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form. WEDNESDAY, FEBRUARY 29, 2012 1197 10-1-352. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect: (1) Any and all purchased regulated metal property in the possession of the secondary metals recycler; and (2) Any and all records required to be maintained under Code Section 10-1-351. 10-1-352.1. 10-1-353. (a) As used in this Code section, the terms: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper A secondary metals recycler shall pay only by check or electronic funds transfer for regulated metal property. Such check or electronic funds transfer shall not be made by the secondary metals recycler to the seller of regulated metal property for a period of 14 days immediately following the sale. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity Any such check or electronic funds transfer shall be payable only to the person who was recorded as the seller of the regulated property to the secondary metals recycler and must be mailed to or electronically transferred using the address indicated on the personal identification card of the seller presented at the time of such sale; provided, however, that if the seller is an employee or authorized representative or agent of a business entity as evidenced by a copy of a valid business license and a letter from the owner or operator of the business expressly recognizing the seller as an employee or authorized agent or representative, the check or electronic transfer may be made payable to the business entity and mailed to or electronically transferred using the address of such business entity. (c) The provisions of this Code section shall not apply to any transaction between business entities. 10-1-353. 10-1-354. (a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been 1198 JOURNAL OF THE SENATE stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the notice issued in accordance with this Code section, the secondary metals recycler receiving the notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (b) No later than the expiration of the 15 day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the extended hold notice issued in accordance with this Code section, the secondary metals recycler receiving the extended hold notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (c) At the expiration of the hold period or, if extended in accordance with this Code section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless other disposition has been ordered by a court of competent jurisdiction. 10-1-354. 10-1-355. (a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located. The petition for such action shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler. (b) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the person who sold the regulated metal property to the secondary metals recycler is convicted of theft by taking, theft by conversion, a violation of this article, theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court WEDNESDAY, FEBRUARY 29, 2012 1199 costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate. (c) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the lawful owner. 10-1-355. 10-1-356. This article shall not apply to purchases of regulated metal property from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business. 10-1-356. 10-1-357. It shall be unlawful for: (1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 9:00 7:00 P.M. and 6:00 7:00 A.M.; and (2) Any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a secondary metals recycler in return for regulated metal property. 10-1-358. (a) It shall be unlawful to sell regulated metal property in any amount to a secondary metals recycler unless the secondary metals recycler has a valid permit to purchase regulated metal property issued pursuant to this Code section and it shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without a valid permit to purchase regulated metal property pursuant to this Code section. (b) Each secondary metals recycler shall obtain from the sheriff of each county in which such secondary metals recycler's fixed sites are located a permit to purchase regulated metal property. The sheriff shall issue the permit to the secondary metals recycler if the secondary metals recycler has a fixed site located in the sheriff's county and declares on a form provided by the sheriff that he or she is informed of and will 1200 JOURNAL OF THE SENATE comply with the provisions of this article. The sheriff shall keep a record of all permits issued pursuant to this subsection containing, at a minimum, the date of issuance and the name and address of the permit holder. Such records shall be entered into an electronic data base accessible statewide. Such data base shall be established through coordination with the Georgia Bureau of Investigation and shall be searchable by all law enforcement officers in this state. The sheriff shall be authorized to assess a reasonable permit fee on the issuance of each permit for the purpose of establishing and maintaining the data base, not to exceed $200.00. Each permit shall be valid for 12 months. (c) Any person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature. Each violation shall constitute a separate offense. 10-1-357. 10-1-359. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (a) Except as provided for in subsection (c) of Code Section 10-1-358, any person who buys or sells regulated metal property in violation of any provision of this article: (1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and (3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than ten years. (b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property and any repairs and related expense necessitated by the crime, plus court costs and reasonable attorney's fees. WEDNESDAY, FEBRUARY 29, 2012 1201 10-1-358. 10-1-359.1. The General Assembly finds that although this article is a matter of state-wide concern, local regulation may nonetheless be appropriate in order to enhance further the ability of law enforcement personnel to perform their duties. This article supersedes and preempts all Consequently, this article shall be supplementary to local regulation and shall not supersede or preempt any rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property." SECTION 1-2. Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by revising paragraphs (2) and (3) of subsection (a) as follows: "(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 $500.00 or less and is at least 12 20 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a secondary metals recycler under Code Section 10-1-351, a licensed used motor vehicle parts dealer under Code Section 43-47-7, or a licensed scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle, including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner: (i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 $500.00 or less; (ii) Is at least 12 20 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; 1202 JOURNAL OF THE SENATE (I) A certification by the business that $850.00 $500.00 or less was paid to acquire the vehicle; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration." PART II SECTION 2-1. Code Section 40-3-36 of the Official Code of Georgia Annotated, as amended by Section 21(b) of Ga. L. 2011, p. 355, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by revising paragraphs (2) and (3) of subsection (a) as follows: "(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 $500.00 or less and is at least 12 20 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner: (i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 $500.00 or less; (ii) Is at least 12 20 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; WEDNESDAY, FEBRUARY 29, 2012 1203 (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 $500.00 or less was paid to acquire the vehicle; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3)(A) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (B) Notwithstanding the requirement to mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department, the department shall provide a mechanism for the receipt of the information required to be obtained in the statement by electronic means, at no cost to the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor, in lieu of the physical delivery of the statement, in which case the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years. (C) Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, either by facsimile or by other electronic means to be made available by the department by January 1, 2012, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information: (i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle. There shall be no charge to either a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department. (D) For purposes of this subsection, the term 'motor vehicle' shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no 1204 JOURNAL OF THE SENATE longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years. (E) The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56. (F) The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities. (G) All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card." PART III SECTION 3-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective July 1, 2012, and shall apply to all offenses committed on or after such date. (b) Part II of this Act shall become effective only upon Section 21(b) of Ga. L. 2011, p. 355 becoming effective. SECTION 3-2. All laws and parts of laws in conflict with this Act are repealed. Senator Stone of the 23rd offered the following amendment #1: Amend the Committee Substitute to SB 321 by amending O.C.G.A. 10-1-351 by inserting after the word "signed" on line 94, the words "and sworn affidavit", and deleting the word "statement"; by inserting after the word "signed" on line 97, the words "and sworn affidavit", and deleting the word "statement"; by inserting after line 138, the following: WEDNESDAY, FEBRUARY 29, 2012 1205 "(d) It shall be unlawful to make a false statement in executing the affidavit required by paragraphs (6) and (6.1) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 16-10-71." On the adoption of the amendment, there were no objections, and the Stone amendment #1 to the committee substitute was adopted. Senator Unterman of the 45th offered the following amendment #2: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by striking lines 50 through 55 and inserting in lieu thereof the following: (8)(11) 'Secondary metals recycler' means any person who is engaged, from a fixed location site or otherwise, in the business in this state of paying compensation for ferrous or nonferrous metals regulated metal property that have has served their its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. On the adoption of the amendment, there were no objections, and the Unterman amendment #2 to the committee substitute was adopted. Senators Ginn of the 47th, Unterman of the 45th, Shafer of the 48th, Butler of the 55th, Hooks of the 14th and others offered the following amendment #3: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by striking line 93 and inserting in lieu thereof the following: metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; By striking lines 147 through 175 and inserting in lieu thereof the following: (a) As used in this Code section, the terms: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper 1206 JOURNAL OF THE SENATE property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (c) The provisions of this Code section shall not apply to any transaction between business entities. (a) A secondary metals recycler shall pay only by check, voucher, or electronic funds transfer for regulated metal property. (b) If the seller of the regulated metal property is an employee or authorized agent of a business as evidenced by a copy of a valid business license and a letter from the owner or operator of the business expressly recognizing the seller as an employee or authorized agent, then payment for the regulated metal property shall be made only by check or electronic funds transfer made payable to the business and mailed to or electronically transferred using the address of such business entity 14 days immediately following the sale. (c)(1) If the seller of the regulated metal property is not an employee or authorized agent of a business or elects to be paid in his or her name, the payment for the regulated metal property shall be by check, electronic funds transfer, or voucher, at the option of the seller. (2) If the seller elects payment by check or electronic funds transfer pursuant to paragraph (1) of this subsection, the check or electronic funds transfer shall be made payable only to the natural person who was recorded as the seller of the regulated metal property to the secondary metals recycler and mailed to or electronically transferred using the address indicated on the personal identification card of the seller presented at the time of such sale 14 days immediately following the sale. (3) If the seller elects payment by voucher pursuant to paragraph (1) of this subsection, the secondary metals recycler shall mail the seller a voucher for the amount of regulated metal property purchased 14 days immediately following the sale. Such voucher shall made payable only to the natural person who was recorded as the seller of the regulated metal property to the secondary metals recycler and mailed to the address indicated on the personal identification card of the seller presented at the time of such sale. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date. WEDNESDAY, FEBRUARY 29, 2012 1207 Senators Loudermilk of the 52nd and Hill of the 32nd offered the following amendment #3a: Amend Amendment 3 to SB 321 by: deleting lines 1 through 56 of Amendment 3 and inserting in lieu thereof the following: "A secondary metals recycler shall pay only by cash, check, or electronic funds transfer for regulated metal property. Cash payments shall be made by the secondary metals recycler to the seller of regulated metals property no sooner than 24 hours immediately following the sale." On the adoption of amendment #3a, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of amendment #3a, the yeas were 11, nays 30, and the Loudermilk, Hill of the 32nd amendment #3a to the Ginn, et al. amendment #3 to the committee substitute was lost. On the adoption of amendment #3, the yeas were 28, nays 16, and the Ginn, et al. amendment #3 to the committee substitute was adopted. Senators Albers of the 56th, Loudermilk of the 52nd, Gooch of the 51st, Crane of the 28th and Bethel of the 54th offered the following amendment #4: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by striking lines 111 and 112 and inserting in lieu thereof the following: (9) Reserved; On the adoption of the amendment, there were no objections, and the Albers, et al. amendment #4 to the committee substitute was adopted. Senators Loudermilk of the 52nd, Hill of the 32nd, Albers of the 56th and Gooch of the 51st offered the following amendment #5: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by deleting lines 300 through 306 and inserting in lieu thereof the following: The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property." 1208 JOURNAL OF THE SENATE On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 16, nays 31, and the Loudermilk, et al. amendment #5 to the committee substitute was lost. Senators Loudermilk of the 52nd, Hill of the 32nd, Albers of the 56th, Bethel of the 54th, Gooch of the 51st and Unterman of the 45th offered the following amendment #6: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by inserting after "property;" on line 4 the following: to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to provide that only licensed funeral directors, registered cemetery owners, and certain other persons may sell certain burial objects as scrap metal; By inserting between lines 306 and 307 the following: SECTION 1-1A. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by adding a new Code section to read as follows: "16-8-22. (a) As used in this Code section, the term 'burial object' means any item reasonably believed to have been placed at a human burial or interment site including, without limitation, any memorial, tombstone, grave marker, shrine, statue, urn, or other metal burial place adornments. (b) Only licensed funeral directors, registered cemetery owners, and burial object manufacturers and distributors, or individuals authorized by such persons, shall be authorized to sell burial objects as scrap metal. Any person other than such authorized persons who sells such items as scrap metal shall be guilty of a felony and, upon conviction, shall be sentenced to incarceration for not fewer than five years. (c) Any purchaser of scrap metals shall employ due diligence to ensure that any person selling burial objects has the proper credentials. Any purchaser of scrap metals who negligently fails to comply with this subsection shall be guilty of a felony and, upon conviction, shall be sentenced to incarceration for not fewer than five years." On the adoption of the amendment, there were no objections, and the Loudermilk, et al. amendment #6 to the committee substitute was adopted. Senators Loudermilk of the 52nd, Hill of the 32nd, Albers of the 56th and Bethel of the 54th offered the following amendment #7: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by deleting lines 128 through 131 and replacing with the following: WEDNESDAY, FEBRUARY 29, 2012 1209 paragraph (13) of subsection (a) of this Code section, shall be submitted daily to a data base established and coordinated through the Georgia Bureau of Investigation and shall be searchable by all law enforcement officers in this state. Secondary metals recyclers shall electronically submit such information no later than 12:00 Noon of the following business day. By deleting lines 255 through 267 and replacing with the following: (b) Each secondary metals recycler shall register with the office of the Secretary of State in order to purchase regulated metal property. The Secretary of State shall register the secondary metals recycler if the secondary metals recycler has a fixed site or otherwise and declares on a form provided by the Secretary of State that he or she is informed of and will comply with the provisions of this article. The Secretary of State shall maintain a record of each registration and shall enter the information into an electronic data base monitored and updated by the Secretary of State. The data base shall be searchable by all law enforcement personnel in this state. The Secretary of State shall be authorized to assess a reasonable fee not to exceed $200.00 annually upon each registration for the purpose of establishing and maintaining the data base. Each registration shall be valid for a calendar year and shall be renewed not later than January 1 of each year. The office of the Secretary of State shall provide a monthly report to each sheriff's office in this state listing the name and address of each secondary metals recycler registered in their respective county. Such monthly report shall be sent electronically or through regular mail service. Senator Hill of the 32nd offered the following amendment #7a: Amend AM 36 0337 Amendment 7 to SB 321 by: inserting on line 7 after the period and also on line 19 after the period, the following: "this subsection shall become effective only if funds are specifically appropriated for purposes of this subsection in an appropriations Act and shall become effective when funds so appropriated become available for expenditure." and deleting after the period on line 19 through the period on line 22. On the adoption of amendment #7a, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of amendment #7a, the yeas were 9, nays 34, and the Hill of the 32nd amendment #7a to the Loudermilk, et al. amendment #7 to the committee substitute was lost. 1210 JOURNAL OF THE SENATE On the adoption of amendment #7, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 13, nays 31, and the Loudermilk, et al. amendment #7 to the committee substitute was lost. Senators Hill of the 32nd and Loudermilk of the 52nd offered the following amendment #8: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by striking lines 150 through 153 and inserting in lieu thereof the following: composed completely of copper A secondary metals recycler shall pay only by cash, check, or electronic funds transfer for regulated metal property. Cash payments shall be made by the secondary metals recycler to the seller of regulated metal property no sooner than 24 hours immediately following the sale. Senator Hill of the 32nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hill of the 32nd, Loudermilk amendment #8 to the committee substitute was withdrawn. Senators Hill of the 32nd, Unterman of the 45th and Loudermilk of the 52nd offered the following amendment #9: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by inserting after "property;" on line 4 the following: to provide for forfeiture of certain property and procedure therefor; By inserting between lines 248 and 249 the following: 10-1-357.1. (a) As used in this Code section, the term 'crime' means: (1) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property; (2) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or (3) A criminal violation of this article. (b) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a crime are subject to forfeiture under this Code section, but: (1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier shall be subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a WEDNESDAY, FEBRUARY 29, 2012 1211 consenting party or privy to the commission of a crime; (2) No motor vehicle shall be subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission shall be protected to the extent of the interest of such co-owner; and (3) A forfeiture of a motor vehicle encumbered by a bona fide security interest shall be subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission. (c) Property subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) The seizure is incident to an arrest or a search under a search warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of this state in a criminal injunction or forfeiture proceeding based upon this Code section; or (3) Probable cause exists that the vehicle, tool, or weapon is subject to seizure. (d) Property taken or detained under this Code section shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the seizure was made or in the custody of the superior court of the county where it can be proven that the crime was committed, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this Code section, law enforcement officers seizing such property shall: (1) Place the property under seal; (2) Remove the property to a place designated by the judge of the superior court having jurisdiction over the forfeiture as set out in this subsection; or (3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. (e) When property is seized under this Code section, the sheriff or law enforcement officer seizing the same shall report the seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 60 days from the date he or she receives notice of the seizure, the district attorney of the judicial circuit shall cause to be filed in the superior court of the county in which the property was seized or detained an in rem complaint for forfeiture of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the complaint shall be verified by a duly authorized agent of this state in a manner required by the law of this state. The complaint shall describe the property; state its location; state its present custodian; state the name of the owner, if known to the duly authorized agent of this state; allege the essential elements of the violation upon which the forfeiture is based; and conclude with a prayer of due process to enforce the 1212 JOURNAL OF THE SENATE forfeiture. Upon the filing of such a complaint, the court shall promptly cause process to issue to the present custodian in possession of the property described in the complaint, commanding him or her to seize the property described in the complaint and to hold that property for further order of the court. A copy of the complaint shall be served upon the owner or lessee, if known, and upon any person having a duly recorded security interest in or lien upon that property. If the owner or lessee is unknown, resides outside this state, departs this state, cannot after due diligence be found within this state, or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown, resides outside this state, departs this state, cannot after due diligence be found within this state, or conceals himself or herself to avoid service. An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer shall be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer shall set forth: (1) The caption of the proceedings as set forth in the complaint and the name of the claimant; (2) The address at which the claimant will accept mail; (3) The nature and extent of the claimant's interest in the property; (4) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (5) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (6) All essential facts supporting each assertion; and (7) The precise relief sought. If at the expiration of the period set forth in this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. If an answer is filed, a hearing shall be held within 60 days after service of the complaint unless continued for good cause and shall be held by the court without a jury. If the court determines that a claimant defending the complaint knew or by the exercise of ordinary care should have known that the property was to be used for an unlawful purpose subjecting it to forfeiture under this Code section, the court shall order the disposition of the seized property as provided in this Code section and that claimant shall have no claim upon the property or proceeds from the sale thereof. (f)(1) When property is forfeited under this Code section, the judge of the superior WEDNESDAY, FEBRUARY 29, 2012 1213 court of the county where the seizure was made or of the county in which it can be proven that the crime was committed may dispose of the property by issuing an order to: (A) Retain it for official use by any agency of this state or any political subdivision thereof; (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including but not limited to the expenses of seizure, maintenance of custody, advertising, and court costs; or (C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law. (2)(A) Money, currency, or proceeds which are realized from the sale or disposition of forfeited property shall after satisfaction of the interest of secured parties and after payment of all costs vest in the local political subdivision whose law enforcement officers seized it. If the property was seized by a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that municipality. If the property was seized by a county law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county. If the property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the property was seized by a state law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs, the local government in which the money, currency, or proceeds realized from the forfeited property vests shall expend or use such funds or proceeds received for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (B) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof. Senator Hill of the 32nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hill of the 32nd, et al. amendment #9 to the committee substitute was withdrawn. 1214 JOURNAL OF THE SENATE Senators McKoon of the 29th and Unterman of the 45th offered the following amendment #10: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by striking line 229 and inserting in lieu thereof the following: (a) This article shall not apply to purchases of regulated metal property from: By inserting between lines 241 and 242 the following: (b) This article shall not apply to the purchase of any battery. 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 27, nays 20, and the McKoon, Unterman amendment #10 to the committee substitute was adopted. Senators Unterman of the 45th and Ligon, Jr. of the 3rd offered the following amendment #11: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by inserting after "parts;" on line 11 the following: to provide for verification that a vehicle is not subject to any secured interest or lien; By inserting between "parts" and "," on line 13 the following: and verification that a vehicle is not subject to any secured interest or lien By inserting after "contingency;" on line 13 the following: to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, so as to change certain provisions relating to the release of security interests and liens; By striking line 316 and inserting in lieu thereof the following: $850.00 or less and is at least 12 model years old. The statement described By striking lines 331 and 332 and inserting in lieu thereof the following: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and By striking lines 341 and 342 and inserting in lieu thereof the following: (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and WEDNESDAY, FEBRUARY 29, 2012 1215 By inserting between lines 342 and 343 the following: (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and By striking line 343 and inserting in lieu thereof the following: (J)(K) The business agent's signature and date along with a printed name and title if the By inserting between lines 348 and 349 the following: SECTION 1-3. Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, is amended by revising paragraph (1) of subsection (a) and revising subsection (c) as follows: "(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the 'holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release." "(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest for a vehicle which is 11 model years old or less shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. For a vehicle which is 12 model years old and greater, any lien or security interest shall be considered satisfied and a release shall not be required after four years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years for a vehicle which is 11 model years old or less or beyond a period of more than four years for a vehicle which is 12 model years old or greater, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle which is 11 model years old or less or more than four years for a vehicle which is 12 model years old and greater, other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle 1216 JOURNAL OF THE SENATE weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent." By striking line 360 and inserting in lieu thereof the following: $850.00 or less and is at least 12 model years old. The statement described By striking lines 374 and 375 and inserting in lieu thereof the following: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and By striking lines 384 and 385 and inserting in lieu thereof the following: (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and By inserting between lines 385 and 386 the following: (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and By striking line 386 and inserting in lieu thereof the following: (J)(K) The business agent's signature and date along with a printed name and title if the On the adoption of the amendment, there were no objections, and the Unterman, Ligon amendment #11 to the committee substitute was adopted. Senators Unterman of the 45th and Albers of the 56th offered the following amendment #12: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by deleting lines 111 and 112 and inserting in lieu thereof the following: (9) A photograph, videotape, or digital recording depicting a recognizable facial image of any person with whom the secondary metals recycler conducts a purchase transaction, employing technology allowing the image to be retained in electronic storage and in a transferable format such that the image may be provided to law enforcement upon request; WEDNESDAY, FEBRUARY 29, 2012 1217 On the adoption of the amendment, the President asked unanimous consent. Senator Bethel of the 54th objected. On the adoption of the amendment, the yeas were 33, nays 9, and the Unterman, Albers amendment #12 to the committee substitute was adopted. Senators Hill of the 32nd and Loudermilk of the 52nd offered the following amendment #13: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by inserting after "property;" on line 4 the following: to provide for forfeiture of certain property and procedure therefor; By inserting between lines 248 and 249 the following: 10-1-357.1. (a) As used in this Code section, the term 'crime' means: (1) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property; (2) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or (3) A criminal violation of this article. (b) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a crime are subject to forfeiture under this Code section, but: (1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier shall be subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a crime; (2) No motor vehicle shall be subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission shall be protected to the extent of the interest of such co-owner; and (3) A forfeiture of a motor vehicle encumbered by a bona fide security interest shall be subject to the interest of the secured party if he or she neither had knowledge of nor consented to the act or omission. (c) Property subject to forfeiture under this Code section may be seized by any law enforcement officer of this state or any political subdivision thereof who has the power to make arrests upon process issued by any court having jurisdiction over the property. Seizure without process or warrant may be made if: (1) The seizure is incident to an arrest or a search under a search warrant; 1218 JOURNAL OF THE SENATE (2) The property subject to seizure has been the subject of a prior judgment in favor of this state in a criminal injunction or forfeiture proceeding based upon this Code section; or (3) Probable cause exists that the vehicle, tool, or weapon is subject to seizure. (d) Property taken or detained under this Code section shall not be subject to replevin but shall be deemed to be in the custody of the superior court of the county wherein the seizure was made or in the custody of the superior court of the county where it can be proven that the crime was committed, subject only to the orders and decrees of the court having jurisdiction over the forfeiture proceedings. When property is seized under this Code section, law enforcement officers seizing such property shall: (1) Place the property under seal; (2) Remove the property to a place designated by the judge of the superior court having jurisdiction over the forfeiture as set out in this subsection; or (3) Deliver such property to the sheriff or police chief of the county in which the seizure occurred, and the sheriff or police chief shall take custody of the property and remove it to an appropriate location for disposition in accordance with law. On the adoption of the amendment, there were no objections, and the Hill of the 32nd, Loudermilk amendment #13 to the committee substitute was adopted. Senators Hill of the 32nd and Loudermilk of the 52nd offered the following amendment #14: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 321 by inserting between lines 248 and 249 the following: 10-1-357.2. (a) When property is seized under Code Section 10-1-357.1, the sheriff or law enforcement officer seizing the same shall report the seizure, within 20 days thereof, to the district attorney of the judicial circuit having jurisdiction in the county where the seizure was made. Within 60 days from the date he or she receives notice of the seizure, the district attorney of the judicial circuit shall cause to be filed in the superior court of the county in which the property was seized or detained an in rem complaint for forfeiture of such property as provided for in this Code section. The proceedings shall be brought in the name of the state by the district attorney of the circuit in which the property was seized, and the complaint shall be verified by a duly authorized agent of this state in a manner required by the law of this state. The complaint shall describe the property; state its location; state its present custodian; state the name of the owner, if known to the duly authorized agent of this state; allege the essential elements of the violation upon which the forfeiture is based; and conclude with a prayer of due process to enforce the forfeiture. Upon the filing of such a complaint, the court shall promptly cause process to issue to the present custodian in possession of the property described in the complaint, commanding him or her to seize the property described in the complaint and to hold that property for further order of the court. A copy of the WEDNESDAY, FEBRUARY 29, 2012 1219 complaint shall be served upon the owner or lessee, if known, and upon any person having a duly recorded security interest in or lien upon that property. If the owner or lessee is unknown, resides outside this state, departs this state, cannot after due diligence be found within this state, or conceals himself or herself so as to avoid service, notice of the proceedings shall be published once a week for two weeks in the newspaper in which the sheriff's advertisements are published. Such publication shall be deemed notice to any and all persons having an interest in or right affected by such proceeding and from any sale of the property resulting therefrom but shall not constitute notice to any person having a duly recorded security interest in or lien upon such property and required to be served under this Code section unless that person is unknown, resides outside this state, departs this state, cannot after due diligence be found within this state, or conceals himself or herself to avoid service. An owner of or interest holder in the property may file an answer asserting a claim against the property in the action in rem. Any such answer shall be filed within 30 days after the service of the summons and complaint. Where service is made by publication and personal service has not been made, an owner or interest holder shall file an answer within 30 days of the date of final publication. An answer shall be verified by the owner or interest holder under penalty of perjury. In addition to complying with the general rules applicable to an answer in civil actions, the answer shall set forth: (1) The caption of the proceedings as set forth in the complaint and the name of the claimant; (2) The address at which the claimant will accept mail; (3) The nature and extent of the claimant's interest in the property; (4) The date, identity of transferor, and circumstances of the claimant's acquisition of the interest in the property; (5) The specific provision of this Code section relied on in asserting that the property is not subject to forfeiture; (6) All essential facts supporting each assertion; and (7) The precise relief sought. If at the expiration of the period set forth in this subsection no answer has been filed, the court shall order the disposition of the seized property as provided for in this Code section. If an answer is filed, a hearing shall be held within 60 days after service of the complaint unless continued for good cause and shall be held by the court without a jury. If the court determines that a claimant defending the complaint knew or by the exercise of ordinary care should have known that the property was to be used for an unlawful purpose subjecting it to forfeiture under this Code section, the court shall order the disposition of the seized property as provided in this Code section and that claimant shall have no claim upon the property or proceeds from the sale thereof. (b)(1) When property is forfeited under Code Section 10-1-357.1, the judge of the superior court of the county where the seizure was made or of the county in which it can be proven that the crime was committed may dispose of the property by issuing an order to: (A) Retain it for official use by any agency of this state or any political subdivision 1220 JOURNAL OF THE SENATE thereof; (B) Sell that which is not required to be destroyed by law and which is not harmful to the public. The proceeds shall be used for payment of all proper expenses of the proceedings for forfeiture and sale, including but not limited to the expenses of seizure, maintenance of custody, advertising, and court costs; or (C) Require the sheriff or police chief of the county in which the seizure occurred to take custody of the property and remove it for disposition in accordance with law. (2)(A) Money, currency, or proceeds which are realized from the sale or disposition of forfeited property shall after satisfaction of the interest of secured parties and after payment of all costs vest in the local political subdivision whose law enforcement officers seized it. If the property was seized by a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that municipality. If the property was seized by a county law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county. If the property was seized by joint action of a county law enforcement agency and a municipal law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in that county and that municipality and shall be divided equally between the county and municipality. If the property was seized by a state law enforcement agency, then the money, currency, or proceeds realized from the sale or disposition of the property shall vest in the county where the condemnation proceedings are filed. Except as otherwise provided in subparagraph (B) of paragraph (1) of this subsection for payment of all costs, the local government in which the money, currency, or proceeds realized from the forfeited property vests shall expend or use such funds or proceeds received for any official law enforcement purpose except for the payment of salaries or rewards to law enforcement personnel, at the discretion of the chief officer of the local law enforcement agency, or to fund victim-witness assistance programs. Such property shall not be used to supplant any other local, state, or federal funds appropriated for staff or operations. (B) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submitted with the agency's budget request and shall itemize the property received during the fiscal year and the utilization made thereof. On the adoption of the amendment, there were no objections, and the Hill of the 32nd, Loudermilk amendment #14 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. WEDNESDAY, FEBRUARY 29, 2012 1221 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert N Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch N Grant E Hamrick Harbison Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson N Williams On the passage of the bill, the yeas were 44, nays 5. SB 321, having received the requisite constitutional majority, was passed by substitute. The following Minority Report on SB 458 was filed with the Secretary: Senate Democratic Caucus Minority Report Meeting of the Senate Judiciary Committee Tuesday, February 21, 2012 As a member of the Senate Judiciary Committee, pursuant to Senate Rule 2-6.1 (a), I Senator Vincent Fort submit this Minority Report on behalf of the Senate Democratic Caucus. XIV. SB 458 SB 458 would ban undocumented students from attending all 35 public universities and colleges as well as 26 schools in the Technical College System. 1222 JOURNAL OF THE SENATE XV. Economically Shortsighted Many of these students will eventually regularize their status under current or future federal law, denying them the ability to pursue a postsecondary education will limit their ability to contribute to Georgia's economy. Educational attainment is directly related to economic growth. Increasing the number of college graduates who earn higher wages generates higher sales, property, and income taxes. Denying these students access to higher education will cost Georgia money in the long-term. XVI. Fundamentally Unfair Banning access to higher education to students who graduate from high schools in Georgia violates notions of fundamental fairness that have been recognized by the U.S. Supreme Court. In Plyler v. Doe the Court found a statute that discriminated based on immigration status to violate the Equal Protection Clause of the Fourteenth Amendment. Higher education is also increasingly essential to an individual's ability to provide for his or her self, denying this right is tantamount to denying an individual the right to earn a living. XVII. Unnecessary The University System of Georgia Board of Regents conducted an investigation and found only 501 of the 310,000 students to be undocumented. Burdening the University system with additional verification requirements solely to attempt to exclude so few students is extremely inefficient. These students also pose no additional cost to the state as they pay out-of-state tuition which more than covers the cost of instruction. In the Technical College System this rate is four times the in-state rate of both tuition and fees. In-state students are also not being disadvantaged because these students count as part of the out-of-state population thus they are not taking a spot typically reserved for Georgia residents. /s/ Vincent D. Fort The following communication was received by the Secretary: Senator Johnny Grant District 25 110-A State Capitol Atlanta, GA 30334 Committees: Public Safety Higher Education Appropriations Health and Human Services State Institutions and Property The State Senate Atlanta, Georgia 30334 WEDNESDAY, FEBRUARY 29, 2012 1223 February 29, 2012 Mr. Robert Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Re: SB 466 Mortage, Liens, Security; provide for lenders to give notice to contractors; construction loan is nearing default; definitions; procedures Dear Bob, I respectfully request that you accept this letter as my official request to be removed as a co-sponsor of SB 466. I appreciate your assistance in this matter. If additional information is required, please do not hesitate to contact me. Sincerely, /s/ Johnny Grant, 25th Senator Balfour of the 9th moved that the Senate stand adjourned pursuant to HR 1238 until 10:00 a.m. Monday, March 5, 2012; the motion prevailed, and at 8:16 p.m. the President announced the Senate adjourned. 1224 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 5, 2012 Twenty-ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 208. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes. HB 289. By Representatives Welch of the 110th and Knight of the 126th: 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 a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 513. By Representatives Shaw of the 176th, Dollar of the 45th, Smith of the 131st, Maxwell of the 17th, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life 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 HB 520. HB 641. HB 746. HB 751. MONDAY, MARCH 5, 2012 1225 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. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 46-3-56 of the Official Code of Georgia Annotated, relating to requirements to purchase energy from a customer generator and safety standards and regulations, so as to change the amount of energy an electric service provider is required to purchase from an eligible customer generator; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Collins of the 27th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings; to provide for the Office of the Child Advocate for the Protection of Children; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services so as to provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Services fails to provide aftercare and transitional services to certain children; to provide for the Department of Human Services to provide for performance measures for an independent living skills program; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct crossreferences; and for other purposes. By Representatives Maddox of the 127th, Willard of the 49th, McCall of the 30th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, so as to clarify the timing of the Commissioner's final decision and decision for reconsideration of the final decision; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Holmes of the 125th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Jasper County shall be nonpartisan 1226 HB 817. HB 863. HB 898. JOURNAL OF THE SENATE elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Nimmer of the 178th, Roberts of the 154th, Burns of the 157th, Sheldon of the 105th and Dollar of the 45th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes. By Representatives Ehrhart of the 36th, Morris of the 155th and Harden of the 28th: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to prohibit certain fees; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for MONDAY, MARCH 5, 2012 1227 minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 990. By Representatives Jones of the 46th, Riley of the 50th, Martin of the 47th, Willard of the 49th, Dudgeon of the 24th and others: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1167. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend an Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so to provide for term limits for the chairperson and commission members; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation 1228 JOURNAL OF THE SENATE Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; 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 512. By Senators Miller of the 49th, Stone of the 23rd and Jackson of the 24th: A BILL to be entitled an Act to amend Article 5 of Chapter 4 of Title 10 of the Official Code of Georgia Annotated, relating to self-service storage facilities, so as to provide a short title; to provide for definitions; to change the due date for monthly rental payments; to provide procedures for sending notice of default; to provide for print or electronic publication of notice of public sale of property; to provide for limitations on an owner's liability; to provide for towing of motor vehicles and watercraft; to provide for delay in filing an owner's lien if an occupant is deployed overseas by the armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SB 513. By Senators Hill of the 32nd, Loudermilk of the 52nd, McKoon of the 29th and Bethel of the 54th: 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 relative to state government, so as to define certain terms; to provide that the state, any political subdivision, or any member of the Georgia National Guard or State Defense Force shall assist or cooperate with the armed forces of the United States for certain purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. SR 1083. By Senator Rogers of the 21st: A RESOLUTION honoring the life of the Honorable William G. Long and dedicating a road in his memory; and for other purposes. Referred to the Transportation Committee. MONDAY, MARCH 5, 2012 1229 SR 1084. By Senator Stone of the 23rd: A RESOLUTION honoring the life of Mr. Preston B. Lewis, Jr., and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 208. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 289. By Representatives Welch of the 110th and Knight of the 126th: 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 a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 513. By Representatives Shaw of the 176th, Dollar of the 45th, Smith of the 131st, Maxwell of the 17th, Cheokas of the 134th and others: A BILL to be entitled an Act to amend Chapter 27 of Title 33 of the Official Code of Georgia Annotated, relating to group life 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. Referred to the Insurance and Labor Committee. HB 520. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 46-3-56 of the Official Code of Georgia Annotated, relating to requirements to purchase energy from a customer generator and safety standards and regulations, so as to change the 1230 JOURNAL OF THE SENATE amount of energy an electric service provider is required to purchase from an eligible customer generator; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 641. By Representatives Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Collins of the 27th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to substantially revise, supersede, and modernize provisions relating to juvenile proceedings; to provide for the Office of the Child Advocate for the Protection of Children; to amend Article 1 of Chapter 5 of Title 49 of the Official Code of Georgia Annotated, relating to children and youth services so as to provide for an appeal procedure when the Division of Family and Children Services of the Department of Human Services fails to provide aftercare and transitional services to certain children; to provide for the Department of Human Services to provide for performance measures for an independent living skills program; to amend the Official Code of Georgia Annotated so as to conform provisions to the new Chapter 11 of Title 15 and correct cross-references; and for other purposes. Referred to the Judiciary Committee. HB 746. By Representatives Maddox of the 127th, Willard of the 49th, McCall of the 30th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, so as to clarify the timing of the Commissioner's final decision and decision for reconsideration of the final decision; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 751. By Representative Holmes of the 125th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Jasper County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, MARCH 5, 2012 1231 HB 817. By Representatives Nimmer of the 178th, Roberts of the 154th, Burns of the 157th, Sheldon of the 105th and Dollar of the 45th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; 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 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes. Referred to the Government Oversight Committee. HB 898. By Representatives Ehrhart of the 36th, Morris of the 155th and Harden of the 28th: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to prohibit certain fees; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to 1232 JOURNAL OF THE SENATE provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 990. By Representatives Jones of the 46th, Riley of the 50th, Martin of the 47th, Willard of the 49th, Dudgeon of the 24th and others: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1167. By Representatives Harbin of the 118th, Anderson of the 117th and Sims of the 119th: A BILL to be entitled an Act to amend an Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so to provide for term limits for the chairperson and commission members; to provide for related matters; to provide for a MONDAY, MARCH 5, 2012 1233 referendum; to provide for contingent 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 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 790 HB 904 HB 973 HB 1003 HB 1012 HB 1028 HB 1129 SB 477 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 791 HB 941 HB 1002 HB 1011 HB 1013 HB 1122 HB 1148 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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 345 Do Pass Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: HB 785 SB 364 SB 434 SB 457 SB 478 SB 498 SR 843 HB 895 SB 368 SB 438 SB 460 SB 484 SB 501 SR 872 SB 312 SB 376 SB 444 SB 465 SB 487 SB 503 SR 999 SB 320 SB 380 SB 449 SB 469 SB 489 SB 506 SB 327 SB 400 SB 450 SB 471 SB 492 SB 508 SB 344 SB 432 SB 452 SB 473 SB 493 SR 819 1234 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Tolleson of the 20th Senator Butler of the 55th asked unanimous consent that Senator Seay of the 34th be excused. The consent was granted, and Senator Seay was excused. Senator Murphy of the 27th asked unanimous consent that Senator Crane of the 28th be excused. The consent was granted, and Senator Crane was excused. Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. Senator Stone of the 23rd asked unanimous consent that Senator Grant of the 25th be excused. The consent was granted, and Senator Grant was excused. Senator Stone of the 23rd asked unanimous consent that Senator Jeffares of the 17th be excused. The consent was granted, and Senator Jeffares was excused. Senator Davis of the 22nd 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: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Heath Henson Hill, Jack Hooks Jackson, B Jackson, L James Jones Ligon Loudermilk McKoon Millar Miller Orrock Paris Shafer Sims Staton Stone Stoner Tate Thompson, S Tippins Unterman Wilkinson MONDAY, MARCH 5, 2012 1235 Not answering were Senators: Crane (Excused) Harbison (Excused) Mullis Rogers Tolleson (Excused) Grant (Excused) Hill, Judson Murphy Seay (Excused) Williams Hamrick (Excused) Jeffares (Excused) Ramsey (Excused) Thompson, C. (Excused) The following members were off the floor of the Senate when the roll was called and wish to be recorded as present: Senators: Murphy Stone Senator Albers of the 56th introduced the doctor of the day, Dr. Peter A. King. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator James of the 35th introduced the chaplain of the day, Pastor Gregory Pollard of College Park, Georgia, who offered scripture reading and prayer. Senator James of the 35th recognized the contributions of members of the clergy in Georgia and declared March 5, 2012, as the 11th annual Clergy Day at the capitol, commended by SR 968, adopted previously. Former State Representative and Pastor Randal Mangham addressed the Senate briefly. Senator Butler of the 55th recognized the 2011 Child Fatality Review Committee of the Year from Gwinnett County, commended by SR 786, adopted previously. Tina McCullough addressed the Senate briefly. Senator Butler of the 55th recognized Ms. Nickie Stockel, commended by SR 785, adopted previously. Ms. Nickie Stockel addressed the Senate briefly. Senator Butler of the 55th recognized Vanita Hullander, commended by SR 790, adopted previously. Vanita Hullander addressed the Senate briefly. Senator Butler of the 55th recognized the Honorable Judge Velma Tilley, commended by SR 784, adopted previously. Tanya Franklin, Deputy Director of Development at the Georgia Center for Child Advocacy, addressed the Senate briefly. 1236 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 1085. By Senator Albers of the 56th: A RESOLUTION recognizing and commending the 2012 Atlanta Sports Awards Finalist for High School Scholar Athlete of the Year, Cyrus Carrier Wilson; and for other purposes. SR 1086. By Senator Unterman of the 45th: A RESOLUTION commending the March of Dimes and recognizing March 5, 2012, as March of Dimes Day at the capitol; and for other purposes. SR 1087. By Senators Seay of the 34th, Davenport of the 44th, James of the 35th, Sims of the 12th and Butler of the 55th: A RESOLUTION recognizing and commending Reverend Isaiah J. Waddy on the occasion of his 30th pastoral anniversary; and for other purposes. SR 1088. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending Patton's Meat Market; and for other purposes. SR 1089. By Senators Hamrick of the 30th and Crane of the 28th: A RESOLUTION recognizing and commending the Carrollton High School cheerleading squad on their GHSA Class AAA State Championship; and for other purposes. SR 1090. By Senators Cowsert of the 46th, Carter of the 1st, Ginn of the 47th and Bulloch of the 11th: A RESOLUTION recognizing the Morrill Act on the grand occasion of its 150th anniversary; and for other purposes. SR 1091. By Senators Hamrick of the 30th, James of the 35th and Carter of the 42nd: A RESOLUTION recognizing and commending Dot Padgett; and for other purposes. SR 1092. By Senator Hamrick of the 30th: A RESOLUTION recognizing and commending Carrollton High School for being named an Advanced Placement Honor School; and for other purposes. MONDAY, MARCH 5, 2012 1237 SR 1093. By Senator Jackson of the 2nd: A RESOLUTION honoring the life and memory of Mr. Donald (Jones) Bland; and for other purposes. SR 1094. By Senators Crosby of the 13th, Bulloch of the 11th, Sims of the 12th, Hooks of the 14th, Miller of the 49th and others: A RESOLUTION recognizing and commending the 2012 Georgia Cotton Queens; and for other purposes. SR 1095. By Senators Heath of the 31st, Williams of the 19th, Carter of the 1st and Rogers of the 21st: A RESOLUTION commending SFC Wade Chaffin of the Georgia State Patrol; and for other purposes. SR 1096. By Senators Heath of the 31st, Williams of the 19th, Carter of the 1st and Rogers of the 21st: A RESOLUTION commending the Bremen Wal-Mart security and Manager Patrick Eller; and for other purposes. SR 1097. By Senators Heath of the 31st, Williams of the 19th, Carter of the 1st and Rogers of the 21st: A RESOLUTION commending Brittney Baxter; and for other purposes. SR 1098. By Senators Heath of the 31st, Williams of the 19th, Carter of the 1st and Rogers of the 21st: A RESOLUTION commending Tallapoosa Primary School; and for other purposes. SR 1099. By Senators Heath of the 31st, Williams of the 19th, Carter of the 1st and Rogers of the 21st: A RESOLUTION commending the Bremen Police Department; and for other purposes. SR 1100. By Senators Heath of the 31st, Williams of the 19th, Carter of the 1st and Rogers of the 21st: A RESOLUTION commending the Tallapoosa Police Department; and for other purposes. 1238 JOURNAL OF THE SENATE SR 1101. By Senator Goggans of the 7th: A RESOLUTION recognizing and commending William H. "Bill" Hecht; 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 Monday March 5, 2012 Twenty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 477 Sims of the 12th BAKER COUNTY A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Baker County and provide for its powers and duties, approved May 6, 2009 (Ga. L. 2009, p. 3716), so as to reconstitute and change the composition of the board and the selection and appointment of its members; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective date; to repeal conflicting laws; and for other purposes. HB 790 Crosby of the 13th TIFT COUNTY A BILL to be entitled an Act to amend an Act creating the Tift County Board of Education, approved March 31, 1971 (Ga. L. 1971, p. 2722), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5720), so as to change the description of the education districts; to define certain terms; 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. HB 791 Crosby of the 13th TIFT COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Tift County, approved August 9, 1917 (Ga. L. HB 904 HB 941 HB 973 MONDAY, MARCH 5, 2012 1239 1917, p. 396), as amended, particularly by an Act approved May 10, 2002 (Ga. L. 2002, p. 5712), so as to reapportion the commissioner districts; to define certain terms; 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. Chance of the 16th Staton of the 18th MONROE COUNTY A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Monroe County shall be nonpartisan elections; to provide for submission of this Act 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. Staton of the 18th Tolleson of the 20th Paris of the 26th HOUSTON COUNTY A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Houston County, approved March 31, 1994 (Ga. L. 1994, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5590), so as to change the description of the education districts; to provide definitions and inclusions; to provide for the continuance in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Carter of the 1st BRYAN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Commissioners of Bryan County, approved April 12, 1982 (Ga. L. 1982, p. 4270), as amended, so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval 1240 HB 1002 HB 1003 HB 1011 JOURNAL OF THE SENATE under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Crosby of the 13th BEN HILL COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Ben Hill County, approved August 15, 1914 (Ga. L. 1914, p. 232), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5165), so as to change the description of the commissioner districts; to reassign district numbers; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th TELFAIR COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Commissioners of Telfair County, approved June 3, 2003 (Ga. L. 2003, p. 3992), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal a certain Act; to repeal conflicting laws; and for other purposes. Cowsert of the 46th Ginn of the 47th CITY OF ATHENS A BILL to be entitled an Act to amend an Act providing for the merger of the existing independent school system of the mayor and council of the City of Athens and the existing school system in the County of Clarke, approved March 7, 1955 (Ga. L. 1955, p. 3057), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4340), so as to change the composition of the board of education and the districts from which members are elected; to provide for definitions and inclusions; to provide for the election of members and terms of office; to provide for related matters; to HB 1012 HB 1013 HB 1028 MONDAY, MARCH 5, 2012 1241 provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Ginn of the 47th CITY OF COMMERCE A BILL to be entitled an Act to amend an Act providing a new charter for the City of Commerce, approved April 4, 1991 (Ga. L. 1991, p. 4042), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3926), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for a contingent effective date; to repeal conflicting laws; and for other purposes. Ginn of the 47th Miller of the 49th JACKSON COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the law governing the Jackson County School System, approved May 17, 2004 (Ga. L. 2004, p. 3619), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th LAURENS COUNTY A BILL to be entitled an Act to amend an Act providing the method of election of the members to the Board of Education of Laurens County, approved March 18, 1986 (Ga. L. 1986, p. 3821), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3950), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights 1242 JOURNAL OF THE SENATE Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1122 Miller of the 49th CITY OF FLOWERY BRANCH A BILL to be entitled an Act to amend an Act to create a new charter for the City of Flowery Branch, approved April 11, 1979 (Ga. L. 1979, p. 3404), as amended, so as to establish the corporate limits of the City of Flowery Branch; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1129 Unterman of the 45th Ginn of the 47th Miller of the 49th TOWN OF BRASELTON A BILL to be entitled an Act to amend an Act creating the Town of Braselton Community Improvement District, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to allow the district to apply for, receive, administer, or utilize grants from federal, state, county, or municipal governments or agencies or any other public sources under certain conditions; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1148 Heath of the 31st HARALSON COUNTY A BILL to be entitled an Act to abolish the office of county treasurer of Haralson County; to repeal an Act entitled "An Act to fix the salary of the Treasurer of Haralson County," approved August 16, 1915 (Ga. L. 1915, p. 258); 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: Y Albers Balfour Y Bethel Y Bulloch E Hamrick E Harbison Y Heath Y Henson Y Orrock Y Paris E Ramsey Y Rogers MONDAY, MARCH 5, 2012 1243 Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy E Seay Y Shafer Y Sims Y Staton Stone Stoner Y Tate E Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 40, nays 2. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR MONDAY, MARCH 5, 2012 TWENTY-NINTH LEGISLATIVE DAY SB 257 Local Government; clarify development authorities are authorized to conduct redevelopment (ECD-51st) SB 284 Georgia Land Bank Act; governing creation/operation of land banks; provisions (Substitute) (FIN-8th) SB 288 Physicians; authorize the administration of vaccines by pharmacists/nurses; vaccine protocol agreements with physicians (Substitute) (H&HS-54th) SB 355 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception (Substitute) (JUDY-45th) SB 373 Counties; provide authority; operate vehicle for hire equipped to transport passengers in wheelchair throughout the state (Substitute) (TRANS-53rd) 1244 SB 386 SB 407 SB 410 SB 414 SB 416 SB 428 SB 431 SB 458 SB 464 SB 470 SB 483 JOURNAL OF THE SENATE Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise prov. (H&HS-25th) Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee (H&HS-45th) Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools/school sys. (Substitute) (ED&Y-19th) Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group (Substitute) (H&HS-45th) Insurance Dept; authorize to develop exchange standards regarding electronic prior authorization drug requests with health care providers (Substitute) (H&HS-1st) Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state/federal regulation (Substitute) (ECD-20th) Forgery and Fraudulent Practices; add medical identity fraud to the provisions relating to identity fraud; definitions (JUDY-32nd) Government; modify provisions; verification requirements, procedures, and conditions for applicants for public benefits (Substitute) (JUDY-52nd) Fish and Fishing; limit the number of commercial crabbing licenses issued (NR&E-3rd) Patient Self-Referral; revise the definition of "rural area" (H&HS-7th) Public Service Commission; chairperson; change the term/manner of election (Substitute) (RI&U-53rd) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee MONDAY, MARCH 5, 2012 1245 The following legislation was read the third time and put upon its passage: SB 257. By Senators Gooch of the 51st and Mullis of the 53rd: A BILL to be entitled an Act to amend Article 2 of Chapter 62A of Title 36 of the Official Code of Georgia Annotated, relating to development authorities, so as to clarify that development authorities are authorized to conduct redevelopment; to modify provisions related to mandatory initial and continuing training for directors and members of development authorities; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 257, having received the requisite constitutional majority, was passed. 1246 JOURNAL OF THE SENATE SB 284. By Senator Golden of the 8th: A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2011; to provide a short title and a statement of construction, intent and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; to provide an effective date; to repeal conflicting laws; and for other purposes. The Senate Finance Committee offered the following substitute to SB 284: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2012; to provide a short title and a statement of construction, intent, and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for financing of land banks; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; 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 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-61, relating to land bank authority established by interlocal cooperation agreement, powers, purpose, and dissolution, by adding a new subsection to read as follows: "(f) No land bank authority shall be created pursuant to this article on or after July 1, 2012. Except as otherwise provided in subsection (j) of Code Section 48-4-104, any land bank created pursuant to this article prior to July 1, 2012, shall continue to be governed by this article." MONDAY, MARCH 5, 2012 1247 SECTION 2. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 6 48-4-100. (a) This article shall be known and may be cited as the 'Georgia Land Bank Act.' (b) Any land bank created prior to July 1, 2012, pursuant to Article 4 of this chapter shall not be affected by this article but shall be entitled to continue in existence and exercise all powers granted in such article. The board of any existing land bank may vote, in the manner provided in subsection (j) of Code Section 48-4-104, to continue in existence under the provisions of this article, thus exercising the additional authorities and powers contained herein. 48-4-101. The General Assembly finds and declares that: (1) Georgia's communities are important to the social and economic vitality of this state. Whether urban, suburban, or rural, many communities are struggling to cope with dilapidated, abandoned, and tax delinquent properties; (2) Citizens of Georgia are affected adversely by dilapidated, abandoned, and tax delinquent properties, including properties that have been abandoned due to mortgage foreclosure; (3) Dilapidated, abandoned, and tax delinquent properties impose significant costs on neighborhoods and communities by lowering property values, increasing fire and police protection costs, decreasing tax revenues, and undermining community cohesion; (4) There is an overriding public need to confront the problems caused by dilapidated, abandoned, and tax delinquent properties, and to return properties which are in nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide affordable housing, new industry, and jobs for the citizens of this state through the creation of new tools that enable communities to turn abandoned spaces into vibrant places; and (5) Land banks are one of the tools that can be utilized by communities to facilitate the return of dilapidated, abandoned, and tax delinquent properties to productive use. 48-4-102. As used in this article, the term: (1) 'Board of directors' or 'board' means the board of directors of a land bank. (2) 'Consolidated government' means a unified government created pursuant to Article IX, Section III, Paragraph II of the Constitution of Georgia. (3) 'Intergovernmental contract' means a contract as authorized pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia and paragraph (5) of Code Section 36-34-2, and entered into by counties, consolidated governments, and 1248 JOURNAL OF THE SENATE municipal corporations pursuant to this article. (4) 'Land bank' means a public body corporate and politic established in accordance with the provisions of this article. (5) 'Land bank member' means the local governments that are parties to the intergovernmental contract or resolution creating a land bank and the local governments that join a land bank subsequent to its creation pursuant to the provisions of this article. (6) 'Real property' means all lands and the buildings thereon, all things permanently attached to land or to the buildings thereon, and any interest existing in, issuing out of, or dependent upon land or the buildings thereon. (7) 'School district' means any school district, independent school system, or other local school system in this state. 48-4-103. (a) Any county, municipal corporation, or consolidated government may elect to create a land bank in accordance with subsection (b) of this Code section by the adoption of a local law, ordinance, or resolution as appropriate to the applicable counties, consolidated governments, or municipal corporations, which action specifies the following: (1) The name of the land bank; (2) The number of members of the board of directors, which shall consist of an odd number of board members and be not less than five board members or more than 11 board members; (3) The initial individuals to serve as board members and the length of terms for which they will serve; and (4) The qualifications, manner of selection or appointment, and terms of office of board members. (b) A land bank may be created pursuant to an intergovernmental contract by any of the following and any combination of the following methods: (1) A county and one or more municipal corporations located wholly or partially within the county; (2) Two or more counties and one or more municipal corporations located wholly or partially within the geographical boundaries of each county; (3) A consolidated government and one or more municipal corporations located wholly or partially within the same county as the consolidated government; or (4) Any consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government may create a land bank as follows: (A) Through ordinance or resolution of the governing authority of the consolidated government; (B) Through an intergovernmental contract with another consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government; or MONDAY, MARCH 5, 2012 1249 (C) Through an intergovernmental contract with other counties, municipal corporations, or consolidated governments creating land banks pursuant to paragraph (1), (2), or (3) of this subsection. (c) Any intergovernmental contract creating a land bank shall specify the matters identified in subsection (a) of this Code section. (d) Subject to the limitations of subsection (b) of this Code section, any county or municipal corporation or consolidated government may elect to join any preexisting land bank by executing the intergovernmental contract or resolution that created the land bank and such other documentation as may be necessary. (e) A land bank shall have the power to acquire real property only in those portions of the county located outside of the geographical boundaries of a nonparticipating municipal corporation located within the county; provided, however, that a land bank may acquire real property lying within such nonparticipating municipal corporation with the consent of such municipal corporation. (f) A school district may participate in a land bank pursuant to an intergovernmental contract provided such contract specifies any members of the board of education serving on the board of the land bank and any actions of the land bank which are subject to approval by the board of education. (g) A land bank shall be a public body corporate and politic and shall have permanent and perpetual duration until terminated and dissolved in accordance with the provisions of subsection (c) of Code Section 48-4-111. 48-4-104. (a) The initial size of a board shall be determined in accordance with paragraph (2) of subsection (a) of Code Section 48-4-103. Unless restricted by the actions or agreements specified in Code Section 48-4-103, and subject to the limits stated in this Code section, the size of the board may be adjusted in accordance with the bylaws of the land bank. (b) In the event the board of a land bank created by a county and a municipal corporation or by a consolidated government before July 1, 2012, votes to continue in existence under the provisions of this article, the land bank members shall jointly nominate and approve at least one additional board member so that there is an odd number of board members. In the event the land bank members of such a preexisting land bank are unable to approve such additional board members, such preexisting land bank shall not exist under the provisions of this article unless and until a new intergovernmental contract is approved in accordance with this article. (c) Notwithstanding any law to the contrary, an elected member of the municipal governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any municipal employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of the county governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any county employee shall be eligible to serve as a board 1250 JOURNAL OF THE SENATE member. Notwithstanding any law to the contrary, an elected member of a consolidated government governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any consolidated government employee shall be eligible to serve as a board member. A tax commissioner or tax collector, or both, may serve ex officio as a member of the land bank board if so authorized by the intergovernmental contract, local law, ordinance, or resolution that creates the land bank or by subsequent intergovernmental contracts with the land bank members. (d) The members of the board shall select annually from among themselves a chairperson, vice chairperson, secretary, treasurer, and such other officers as the board may determine and shall establish their duties as may be regulated by the intergovernmental contract or by rules adopted by the board. When in actual conflict the intergovernmental contract shall control over the bylaws or rules adopted by the board. (e)(1) The board shall establish rules and regulations relative to the attendance and participation of board members in its regular and special meetings. The rules and regulations may prescribe a procedure whereby a board member who fails to comply with the rules and regulations of the board may be removed from office by no less than a majority vote of the remaining members of the board, and that board member's position shall be vacant as of the first day of the next calendar month. (2) A land bank member may remove any board member appointed by that land bank member. (3) Any board member removed under the provisions of this subsection shall be ineligible for reappointment to the board, unless the reappointment is confirmed by at least a two-thirds' vote of the governing authority of the appointing land bank member. (f) A vacancy on the board shall be filled in the same manner as the original appointment. (g) Board members shall serve without compensation. The board may reimburse a board member for expenses actually incurred in the performance of duties on behalf of the land bank. (h) The board shall meet in regular session according to a schedule adopted by the board and also shall meet in special session as convened by the chairperson or upon written notice signed by a majority of the board members. (i) A quorum of board membership shall be a simple majority of the entire board membership, and no action of the board shall be taken in the absence of a quorum. All actions of the board must be approved by the affirmative vote of a majority of the members of the board present and voting; provided, however, that no action of the board shall be authorized on the following matters unless approved by a majority of the entire board membership: (1) Adoption of bylaws and other rules and regulations for conduct of the land bank's business; (2) Hiring or firing of any employee or contractor of the land bank. Such function MONDAY, MARCH 5, 2012 1251 may by majority vote be delegated by the board to a specified officer or committee of the land bank under such terms and conditions and to the extent that the board may specify; (3) Incurring of debt; (4) Adoption or amendment of the annual budget; and (5) Sale, lease, encumbrance, or alienation of real property, improvements, or personal property with a value of more than $50,000. (j) A land bank created pursuant to Article 4 of this chapter may continue in existence in accordance with provisions of this article upon the unanimous consent of the board members, and contingent upon the appointment of at least one additional board member pursuant to subsection (b) of this Code section. (k) A board member shall not be liable personally on obligations of the land bank, and the rights of creditors of a land bank shall be solely against the land bank. (l) A board member shall be prohibited from voting by proxy. A board member may request a recorded vote on any resolution or action of the land bank. 48-4-105. A land bank may employ an executive director, its own counsel and legal staff, and such technical experts, other agents, and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation and benefits of those persons. A land bank may also enter into contracts and agreements with municipal corporations or counties or consolidated governments for staffing services to be provided to the land bank by agencies or departments thereof or for a land bank to provide such staffing services to agencies or departments thereof. 48-4-106. (a) A land bank shall constitute a public body, corporate and politic, and shall have all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this article, including the following powers: (1) To adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business; (2) To sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to property of the land bank; (3) To adopt a seal and to alter the same at pleasure; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the land bank; (5) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure credit extended by the land bank; (6) To borrow from private lenders, from municipal corporations, counties, or 1252 JOURNAL OF THE SENATE consolidated governments, from the state, or from federal government funds, as may be necessary, for the operation and work of the land bank; (7) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the land bank, to evidence and to provide security for such borrowing; (8) To issue notes or other obligations of the land bank and use the proceeds thereof for the purpose of paying all or any part of the cost of any land bank projects and otherwise to further or carry out the public purpose of the land bank and to pay all costs of the land bank incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the land bank's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (10) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the land bank; (11) A land bank shall have no authority to lend money to a nongovernmental entity; provided, however, that a land bank may administer funds in the form of a loan to a nongovernmental entity when such funds are received from federal, state, and local government entities for the purpose of making such loans; provided, further, that only such transactions which are fully consistent with the purpose of the land bank shall be permitted. As to any real property owned by a land bank, and only to such real property, to extend credit to any person, corporation, partnership, whether limited or general, or other entity for the costs of any land bank projects which credit may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the land bank shall determine to be reasonable in connection with such extension of credit, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted by this article in connection with any land bank projects the land bank shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the land bank may deem necessary or desirable; (12) As security for repayment of any notes or other obligations of the land bank, to MONDAY, MARCH 5, 2012 1253 pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the land bank, including, but not limited to, real property, fixtures, personal property, and revenues or other funds, and to execute any lease, trust indenture, trust agreement, agreement for the sale of the land bank's notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the land bank, to secure any such notes or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the land bank upon default in any obligation of the land bank, either in payment of principal, premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the land bank upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be in the best interests of the land bank and the public purpose thereof; (15) To procure insurance or guarantees from the General Assembly or federal government of the payments of any debts or parts thereof incurred by the land bank and to pay premiums in connection therewith; (16) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental contracts for the joint exercise of powers under this article. Intergovernmental contracts with municipal corporations, counties, or consolidated governments may include contracts for the performance of services by municipal corporations, counties, or consolidated governments on behalf of the land bank or by the land bank on behalf of municipal corporations, counties, or consolidated governments, whether or not such counties, consolidated governments, or municipal corporations are located inside or outside the geographical boundaries of the land bank members; (17) To procure insurance against losses in connection with the real property, assets, or activities of the land bank; (18) To accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) of Code Section 16-13-49; (19) To finance by loan, grant, lease, or otherwise, refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, rehabilitate, modify, maintain, 1254 JOURNAL OF THE SENATE extend, improve, install, sell, equip, expand, add to, operate, or manage real property or rights or interests in property, and to pay the costs of any such project from the proceeds of loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the land bank is authorized to receive, accept, and use; (20) To fix, charge, and collect rents, fees, and charges for the use of real property of the land bank and for services provided by the land bank; (21) To grant or acquire a license, easement, lease, as lessor or lessee, or option with respect to real property of the land bank; (22) To enter into partnerships, joint ventures, and other collaborative relationships with municipalities and other public and private entities for the ownership, management, development, and disposition of real property; (23) To hold title to real property for purposes of establishing contracts with nonprofit community land trusts, including, but not limited to, long-term lease contracts; (24) To organize and reorganize the executive, administrative, clerical, and other departments of the land bank and to fix the duties, powers, and compensation of all employees, agents, and consultants of the land bank; and (25) To do all other things necessary or convenient to achieve the objectives and purposes of the land bank or other laws that relate to the purposes and responsibilities of the land bank. (b) The exercise of a specific power by a land bank may be limited or withdrawn by a land bank member when the land bank is acting with respect to real property within the jurisdiction of such member. Procedures for the exercise of such limitation or withdrawal of power shall be provided in the intergovernmental contract. 48-4-107. A land bank shall neither possess nor exercise the power of eminent domain. 48-4-108. (a) The real property of a land bank and its income and operations are exempt from all taxation by the state and by any of its political subdivisions, including, but not limited to, real property held by a land bank as lessor pursuant to long-term lease contracts with community land trusts. (b) A land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the board considers is in the best interest of the land bank. (c)(1) A land bank may acquire real property by purchase contracts, lease-purchase agreements, and may accept transfers from municipal corporations, counties, or consolidated governments upon such terms and conditions as agreed to by the land bank and the municipal corporation, county, or consolidated government. (2) Notwithstanding any other law to the contrary, a municipal corporation, county, or consolidated government may transfer to a land bank real property and interests in real property of the municipal corporation, county, or consolidated government on MONDAY, MARCH 5, 2012 1255 such terms and conditions and according to such procedures as determined by the municipal corporation, county, or consolidated government, so long as the real property is located within the geographical boundaries of the land bank. (3) The acquisition of property by the land bank shall not be governed or controlled by any regulations or laws relating to procurement or acquisition of property of the counties, consolidated governments, or municipal corporations that are members of the land bank unless specifically provided in the applicable intergovernmental contract or resolution, and transfers of property by municipal corporations, counties, or consolidated governments to the land bank shall be treated as transfers to a body politic as contemplated by subparagraph (a)(2)(A) of Code Section 36-9-3. (d) A land bank shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, a land bank shall not own or hold real property located outside the geographical boundaries of the land bank members. (2) A land bank may be granted pursuant to an intergovernmental contract with a county, consolidated government, or municipal corporation the authority to manage and maintain real property located within the geographical boundaries of such county, consolidated government, or municipal corporation, but outside the geographical boundaries of the land bank members. 48-4-109. (a) A land bank shall hold in its own name all real property acquired by the land bank without regard to the identity of the transferor of the property. (b) A land bank shall maintain and make available for public review and inspection an inventory of all real property held by the land bank. (c) A land bank may convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any and all interests in, upon, or to real property of the land bank in some form and by such method as determined by the board to be in the best interest of the land bank. (d)(1) A land bank shall determine the terms, conditions, form, and substance of consideration necessary to convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any interests in, upon, or to real property. (2) Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board to be in the best interest of the land bank. (e)(1) The board shall determine and state in the land bank policies and procedures the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real property. (2) The disposition of property by the land bank shall not be governed or controlled by any regulations or laws of the participating land bank members unless specifically provided in the applicable intergovernmental contract. 1256 JOURNAL OF THE SENATE (f) Land bank members may, in the resolution or intergovernmental contract creating a land bank, establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, or, if the resolution or intergovernmental contract creating the land bank is silent, the board of directors may establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, including but not limited to: (1) Use for purely public spaces and places; (2) Use for affordable housing; (3) Use for retail, commercial, and industrial activities; (4) Use as conservation areas; (5) Use for land trusts or for other public entities; and (6) Such other uses and in such hierarchical order as determined by the board of directors of the land bank. (g)(1) Subject to the requirements of paragraph (5) of subsection (i) of Code Section 48-4-104, a county, municipal corporation, or consolidated government may, in the applicable intergovernmental contract or in the resolution creating a land bank, require that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions, be subject to specified voting and approval requirements of the board. (2) Except and unless restricted or constrained as provided in paragraph (1) of this subsection, the board may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of real property by the land bank. 48-4-110. (a) A land bank may receive funding through grants and loans from the land bank members, from any other municipal corporations, counties, or consolidated governments in the state, from the General Assembly, from the federal government, and from other public and private sources. (b) A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under this article. (c) Up to 75 percent of the real property taxes collected on real property, exclusive of any state or school district ad valorem tax, conveyed by a land bank pursuant to the laws of this state shall be remitted to the land bank. The specific percentage of such taxes to be remitted, as to each land bank member, shall be set forth in the local law, ordinance, or resolution or in the intergovernmental contract of the land bank. Such allocation of property tax revenues shall commence with the first taxable year following the date of conveyance and shall continue for a period of five years. Such funds shall be remitted to the land bank in accordance with the administrative procedures established by the tax commissioner or tax collector of the county or counties in which MONDAY, MARCH 5, 2012 1257 the land bank is located. Such allocation of property tax revenues shall not occur if such taxes have been previously allocated to a tax allocation district, or to secure a debt of the municipal corporation or consolidated government, unless the tax allocation district, municipal corporation, county, or consolidated government enters into an agreement with the land bank for the remittance of such funds to the land bank. (d) At the time that the land bank sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be allocated as determined by the land bank among the following priorities: (1) Furtherance of land bank operations; (2) Recovery of land bank expenses; and (3) Remitter to the tax commissioner or tax collector for distribution to the appropriate taxing entity in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to any applicable intergovernmental contract or land bank rules, regulations, or bylaws in accordance with the public policy stated in this article. 48-4-111. (a) All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. All records of a land bank shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. (b) No board member or employee of a land bank shall acquire any interest, direct or indirect, in real property owned or to be acquired by the land bank, nor shall any board member assist any third party in negotiating against the land bank for property identified by the land bank for acquisition by the land bank. No board member or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank. The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for board members and land bank employees. (c)(1) A land bank may be dissolved as a public body corporate and politic 60 calendar days after an affirmative resolution approved by two-thirds of the membership of the board. (2) Sixty calendar days' advance written notice of consideration of a resolution of dissolution shall be given to the governing authorities of the land bank members, shall be published in a local newspaper of general circulation. (3) Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become the assets of the municipal corporation, county, or consolidated government in which the property is located, unless provided otherwise in any applicable intergovernmental contracts. (4) Land banks created pursuant to paragraphs (2) through (4) of subsection (b) of Code Section 48-4-103 shall not automatically dissolve upon the withdrawal of one or more land bank members unless the intergovernmental contract so provides, except 1258 JOURNAL OF THE SENATE that no municipal corporation may maintain the existence of a land bank if the county in which the municipal corporation is located withdraws from the land bank, and no county may maintain the existence of a land bank if the single municipal corporation that is both located within that county and is a member of the land bank withdraws from the land bank. 48-4-112. (a) Whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to one or more of the land bank members or to municipal corporations, counties, or consolidated governments that have an intergovernmental contract with the land bank, the land bank may, by resolution of the board, discharge and extinguish any and all such liens or claims. The decision by the board to extinguish such liens or claims is subject to the voting requirements contained in subsection (i) of Code Section 48-4-104. Unless provided otherwise in an applicable intergovernmental contract, whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to a school district, the land bank shall notify the school district of its intent to extinguish all such liens and claims in writing. If the school district fails to object in written form to the proposed extinguishment within 30 days of receipt of such notice to the land bank, the land bank shall have the power, by resolution of the board, to discharge and extinguish any and all such liens or claims. To the extent necessary and appropriate, the land bank shall file in appropriate public records evidence of the extinguishment and dissolution of such liens or claims. (b) To the extent that a land bank receives payments of any kind attributable to liens or claims for real property taxes owed to a municipal corporation, county, consolidated government, or school district on property acquired by the land bank, the land bank shall remit the full amount of the payments to the tax commissioner or tax collector for distribution to the appropriate taxing entity. (c)(1) A tax commissioner or tax collector may assign, transfer, or sell to a land bank any ad valorem tax executions issued against a single property or ad valorem tax executions issued against multiple tracts of property in the geographical jurisdiction of the land bank in one or more transactions and upon such terms and conditions as are mutually acceptable to the tax commissioner and the land bank. Notwithstanding the notice requirements in subsection (c) of Code Section 48-3-19, when the land bank is the holder of a tax execution, the land bank shall provide notice of the transfer of the tax execution to the land bank in the following manner: (A) Immediately upon acquisition of one or more tax executions, the land bank shall send notice of the tax execution transfer by certified mail, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the notice of the tax execution transfer shall also be sent by first class mail to the property address to the attention of the occupants of the property, if any. In addition, notice shall be posted on the property; and (B) Within 30 days of the tax execution transfer, the land bank shall cause a notice MONDAY, MARCH 5, 2012 1259 of the tax execution transfer to be published on two separate dates in the official organ of the county in which the property is located. (2) The notice contained in subparagraphs (A) and (B) of paragraph (1) of this subsection shall specify: (A) The name of the land bank and the contact information for the individual responsible for collecting the delinquent taxes; (B) The property address; (C) A description of the property; (D) The tax identification number of the property; (E) The applicable period of tax delinquency; and (F) The principal amount of the delinquent taxes together with interest and penalties. (3) The land bank may submit the execution to the levying officer 12 months after the date of transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. (d)(1) Notwithstanding any other provision of law, at a nonjudicial tax sale conducted pursuant to Article 1 of this chapter where the tax commissioner or tax collector or the land bank is the holder of the tax execution giving rise to the sale, a land bank may tender a bid in an amount equal to the total amount of all tax liens which were the basis of the execution and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid comprises the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (e)(1) A land bank may tender a bid at any sale ordered by the court pursuant to Article 5 of this chapter in an amount equal to the total amount of all tax liens which were the basis of the judgment and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid shall comprise the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties. If there is no other bid and the property is not redeemed by the owner in accordance with subsection (c) of Code Section 48-4-81, the tax commissioner or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (3) Subject to the statutory 60 day redemption period required pursuant to subsection 1260 JOURNAL OF THE SENATE (c) of Code Section 48-4-81, the land bank, as purchaser at such sale, shall take and thereafter have an absolute title to the property sold, free and discharged of all tax and municipal claims, liens, mortgages, charges, and estates of whatsoever kind except for those interests referenced in subsection (b) of Code Section 48-4-79. In the event of purchase by a land bank, the conveying instrument described in subsection (g) of Code Section 48-4-81 shall note the conveyance to the land bank pursuant to this article. (4) The deed to the land bank shall be executed and delivered to the land bank within 90 days of the sale pursuant to subsection (d) of Code Section 48-4-81. (5) Notwithstanding any other provision of law, a land bank that is a transferee and holder of tax executions may file petitions of foreclosure pursuant to Article 5 of this chapter on real property located within a jurisdiction that has authorized the ad valorem tax foreclosure process contained in Article 5 of this chapter. In a petition of foreclosure pursuant to Article 5 of this chapter, a land bank is authorized to combine in a single petition multiple tracts of real property, and the court may order in a single final judgment that all or part of the real properties identified in the petition be sold to the land bank free and clear of all liens and encumbrances so long as the petition and accompanying affidavits provide: (A) Identification of each tract of real property; (B) The identities of all parties having an interest in each respective tract of property; (C) The amount of the tax lien due and owing; and (D) The nature of the notice of the proposed sale provided to such interested parties. 48-4-113. (a) A land bank may file an action to quiet title pursuant to Code Section 23-3-44 as to any real property in which the land bank has an interest. For purposes of any such action, the land bank shall be deemed to be the holder of sufficient legal and equitable interests and possessory rights so as to qualify the land bank as an adequate complainant in the action. (b) Prior to the filing of an action to quiet title, the land bank shall conduct an examination of title to determine the identity of any person and entity possessing a claim or interest in or to the real property. Service of the complaint to quiet title shall be provided to all such interested parties by the following methods: (1) By first class mail to such identities and addresses as are reasonably ascertainable by an inspection of public records; (2) In the case of occupied real property, by first class mail, addressed to 'Occupant'; (3) By posting a copy of the notice on the real property; (4) By publication; or (5) By such other methods as the court may order. (c) As part of the complaint to quiet title, a land bank must file an affidavit identifying all parties potentially having an interest in the real property and the form of notice MONDAY, MARCH 5, 2012 1261 provided. (d) The court shall schedule a hearing on the complaint within 90 days following filing of the complaint, and as to all matters upon which an answer was not filed by an interested party, the court shall issue its final judgment within 120 days of the filing of the complaint." SECTION 3. This Act shall become effective on July 1, 2012. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 284, having received the requisite constitutional majority, was passed by substitute. 1262 JOURNAL OF THE SENATE SB 288. By Senators Bethel of the 54th, Loudermilk of the 52nd, Carter of the 1st and Goggans of the 7th: A BILL to be entitled an Act to amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to provide for definitions; to provide requirements for the content of vaccine protocol agreements; to provide that a party to a vaccine protocol agreement shall not delegate his or her authority; to limit the number of vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; 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 288: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, so as to authorize the administration of vaccines by pharmacists or nurses pursuant to vaccine protocol agreements with physicians; to provide for definitions; to provide requirements for the content of vaccine protocol agreements; to provide that a party to a vaccine protocol agreement shall not delegate his or her authority; to limit the number of vaccine protocol agreements into which a physician may enter at any one time; to prohibit certain entities from entering into vaccine protocol agreements; to provide for rules and regulations; to provide for limited liability; to provide for applicability; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, is amended by revising Code Section 43-34-26.1, relating to influenza vaccine protocol agreements, as follows: "43-34-26.1. (a) As used in this Code section, the term: (1) 'Administer' means the provision of a unit dose of influenza vaccine by a pharmacist or nurse pursuant to an influenza a vaccine order contained in an influenza MONDAY, MARCH 5, 2012 1263 a vaccine protocol agreement with a physician. (2) 'Adverse event' means an event that is a negative consequence of the administration of influenza vaccine by a pharmacist or nurse that results in an unintended reaction, injury, or illness, which may or may not have been preventable. (3) 'Board' means the Georgia Composite Medical Board. (4) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician engaged in the active practice of medicine. (5) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (6) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (7) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (4)(8) 'Vaccine' 'Influenza vaccine' means 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. The term 'vaccine' shall not include the vaccine for human papillomavirus. (5)(9) 'Vaccine order' 'Influenza vaccine order' means a prescription drug order, contained in an influenza a vaccine protocol agreement, for influenza a vaccine issued by a physician for a group of patients who meet certain criteria and to be administered by a pharmacist or a nurse. An influenza A vaccine order shall also mean a prescription drug order, contained in an influenza a vaccine protocol agreement, for epinephrine issued by a physician for a group of patients who meet certain criteria and to be administered by a pharmacist or a nurse only upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (6)(10) 'Vaccine protocol agreement' 'Influenza vaccine protocol agreement' means a written document mutually agreed upon and signed by a physician and a pharmacist or by a physician and a nurse, by which document the physician prescribes influenza a vaccine and epinephrine, if determined appropriate by the physician, by means of an influenza a vaccine order for administration by a pharmacist or a nurse. (7) 'Nurse' means a registered professional nurse as defined in paragraph (9) of Code Section 43-26-3. The term shall also mean a licensed practical nurse as defined in paragraph (5) of Code Section 43-26-32 who is regularly employed by a physician 1264 JOURNAL OF THE SENATE who actively engaged in the private practice of medicine. (8) 'Pharmacist' means an individual licensed under Chapter 4 of Title 26 to engage in the practice of pharmacy in the State of Georgia. (9) 'Pharmacy intern' means a pharmacy intern as defined in paragraph (19) of Code Section 26-4-5. (10) 'Physician' means an individual licensed to practice medicine and surgery pursuant to this article and whose principal place of practice is located in this state. (b) A physician engaged in the active practice of medicine may prescribe influenza a vaccine for a group of patients via an influenza a vaccine order contained in an influenza a vaccine protocol agreement to be administered by a pharmacist, provided the physician is registered with the vaccination registry established by the Department of Public Health pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the pharmacist is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the pharmacist holds current certification in Basic Cardiac Life Support and has completed a course of training accredited by the Accreditation Council for Pharmacy Education or similar health authority or professional body approved by the Georgia State Board of Pharmacy. A physician who is a party to an influenza a vaccine protocol agreement may also prescribe epinephrine via an influenza a vaccine order contained in an influenza a vaccine protocol agreement for administration by a pharmacist upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (c) A physician engaged in the active practice of medicine may prescribe influenza a vaccine for a group of patients via an influenza a vaccine order contained in an influenza a vaccine protocol agreement to be administered by a nurse, provided the physician is registered with the vaccination registry established by the Department of Public Health pursuant to Code Section 31-12-3.1, commonly known as the Georgia Registry of Immunization Transactions and Services, the nurse is located within the county of the physician's place of registration with the vaccination registry or a county contiguous thereto, and the nurse holds current certification in Basic Cardiac Life Support. A physician who is a party to an influenza a vaccine protocol agreement may also prescribe epinephrine via an influenza a vaccine order contained in an influenza a vaccine protocol agreement for administration by a nurse upon the occurrence of an actual or perceived anaphylactic adverse reaction to the administered influenza vaccine provided that the influenza vaccine protocol agreement sets forth the signs and symptoms that warrant the administration of epinephrine. (d) A An influenza vaccine protocol agreement between a physician and a pharmacist or a physician and a nurse pursuant to this Code section shall, without limitation: (1) Contain the current names, addresses, telephone numbers, and professional license numbers of the physician and the pharmacist or nurse; (2) Contain a provision for immediate consultation between the pharmacist or nurse MONDAY, MARCH 5, 2012 1265 and the physician. If the physician is not available, the physician for purposes of consultation may designate another physician who concurs with the terms of the influenza vaccine protocol agreement; (3) Require the pharmacist or nurse to provide the influenza vaccine recipient with the appropriate and current Vaccine Information Statement (VIS) as provided by the federal Centers for Disease Control and Prevention; (4) Require the pharmacist or nurse or his or her employer to retain documentation of each dose of influenza vaccine administered. Such documentation shall include, but not be limited to: (A) The administering pharmacist's or nurse's name, address, telephone number, and professional license number; (B) The name, dose, manufacturer, and lot number of the influenza vaccine; (C) The vaccine recipient's name, address, date of birth, and telephone number; (D) The date of administration and injection site; (E) A signed and dated consent form by which the vaccine recipient acknowledges receipt of the VIS and consents to the administration of the influenza vaccine; and (F) Any adverse events or complications that occur; (5) Require the pharmacist or nurse to enter the patient's influenza vaccine information in the Georgia Registry of Immunization Transactions and Services within the registry's designated time frame, or as designated by the Department of Community Health; (6) Require, as a condition of administration of the influenza vaccine, the influenza vaccine recipient to remain under the observation of the administering pharmacist or nurse for a period of not less than 15 minutes immediately subsequent to the administration of the influenza vaccine; (7) Contain procedures to follow up on the occurrence of an adverse event or complication including, if prescribed via an influenza a vaccine order contained in an influenza a vaccine protocol agreement, the administration of epinephrine; (8) Provide for prioritization of influenza vaccine recipients in the event the supply of influenza a vaccine is limited; and (9) Be renewed and, if necessary, revised or updated biennially by the physician and the pharmacist or nurse. A An influenza vaccine protocol agreement that is not renewed biennially shall expire. (e) A pharmacist who is a party to an influenza a vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza a vaccine to any individual other than a pharmacy intern under the direct supervision of the pharmacist whether or not any such other individual is under the supervision, direct or otherwise, of the pharmacist. (f) A nurse who is a party to an influenza a vaccine protocol agreement pursuant to this Code section shall not delegate the administration of influenza a vaccine to any individual, whether or not any such individual is under the supervision, direct or otherwise, of the nurse; provided, however, that notwithstanding the requirement of employment by a physician in paragraph (7) (4) of subsection (a) of this Code section, a 1266 JOURNAL OF THE SENATE registered professional nurse who is a party to an influenza a vaccine protocol agreement pursuant to this Code section may delegate the administration of influenza a vaccine to a licensed practical nurse under the direct on-site supervision of the registered professional nurse. (g) Notwithstanding any law to the contrary, a nurse acting pursuant to an influenza a vaccine protocol agreement as provided in this Code section may possess and transport influenza such vaccine and epinephrine. (h) A pharmacist or nurse administering influenza vaccines pursuant to an influenza a vaccine protocol agreement authorized by this Code section shall maintain policies and procedures for the handling and disposal of used or contaminated equipment and supplies. (i) Nothing in this Code section shall be construed to authorize a physician to prescribe any other vaccines or other drugs pursuant to an influenza a vaccine protocol agreement or influenza vaccine order contained in an influenza a vaccine protocol agreement other than influenza those vaccines and epinephrine specifically authorized in such vaccine protocol agreement or vaccine order. (j) A delegating physician may not enter into an influenza a vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time; provided, however, and notwithstanding the geographic limitations provided in subsections (b) and (c) of this Code section, a delegating physician may enter into an influenza a vaccine protocol agreement with more than ten pharmacists or nurses, or any combination thereof, at any one time so long as the pharmacists or nurses are in the same public health district as established pursuant to Code Section 31-3-15 and are employees or agents of the same corporate entity. (k) It shall be unlawful for a physician who is employed by a pharmacist or nurse to enter into an influenza a vaccine protocol agreement or otherwise delegate medical acts to such pharmacist or nurse. It shall be unlawful for a physician who is employed by a pharmacy to enter into an influenza a vaccine protocol agreement or otherwise delegate medical acts to a pharmacist or nurse who is also employed by such pharmacy. (l) The board shall have the authority to promulgate rules and regulations governing a physician who is a party to an influenza a vaccine protocol agreement in order to carry out the intent and purposes of this Code section. Further, the board shall: (1) Require that the influenza vaccine protocol agreement be filed by the physician with the board and be made available by the board for public inspection; and (2) Promulgate by rule an approved standard protocol template that may be utilized as an influenza a vaccine protocol agreement and make such template available on the board's website. (m) Nothing in this Code section shall be construed to require a physician to enter into an influenza a vaccine protocol agreement. A public or private managed care system, health plan, hospital, insurance company, or similar entity shall not require a physician, pharmacist, or nurse to enter into an influenza a vaccine protocol agreement as a condition for participation in or reimbursement from such entity. (n) No physician who complies with the provisions of this Code section shall be MONDAY, MARCH 5, 2012 1267 subject to criminal or civil liability or discipline for unprofessional conduct for: (1) Entering into an influenza a vaccine protocol agreement with a pharmacist or nurse; (2) Issuing an influenza a vaccine order contained in an influenza a vaccine protocol agreement with a pharmacist or nurse; or (3) The acts or omissions of a pharmacist or nurse pursuant to an influenza a vaccine protocol agreement including the administration of influenza a vaccine or epinephrine. Nothing in this subsection shall be interpreted as altering liability of an employer for acts of his or her employees. (o) This Code section shall not apply to any activities conducted within a hospital or within any other facility or entity owned, operated, or leased by a hospital. (p) This Code section shall not be interpreted as limiting the authority of any authorized person to dispense or administer influenza vaccine vaccines or other medications. (q) No influenza vaccine protocol agreement entered into pursuant to this Code section shall permit a pharmacist or nurse to administer an influenza a vaccine to any child person under the age of 13 19 without an individual prescription from a physician, and consent of the child's parent or legal guardian shall be a condition precedent to the administration of an influenza a vaccine to a child under the age of 18." 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 Albers N Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer N Sims N Staton Y Stone Y Stoner Y Tate 1268 JOURNAL OF THE SENATE Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jones N Ligon Y Loudermilk Y McKoon Y Millar N Miller Y Mullis Y Murphy E Thompson, C Y Thompson, S Y Tippins N Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 43, nays 7. SB 288, having received the requisite constitutional majority, was passed by substitute. SB 355. By Senators Unterman of the 45th and Rogers of the 21st: A BILL to be entitled an Act to amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as expand mandatory reporting requirements; to provide for procedure; to provide for an exception; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 355: A BILL TO BE ENTITLED AN ACT To amend Code Section 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, so as expand mandatory reporting requirements; to define certain terms; to provide for procedure; to provide for an exception; 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 19-7-5 of the Official Code of Georgia Annotated, relating to reporting of child abuse, is amended by revising subsection (a); by revising subsection (b) by designating paragraphs (3.1) and (4) as paragraphs (7) and (8), respectively, and adding three new paragraphs; and by revising subsections (c), (d), (e), (g), (h), and (i) to read as follows: "(a) The purpose of this Code section is to provide for the protection of children whose health and welfare are adversely affected and further threatened by the conduct of those responsible for their care and protection. It is intended that the mandatory reporting of such cases will cause the protective services of the state to be brought to bear on the MONDAY, MARCH 5, 2012 1269 situation in an effort to prevent further abuses, to protect and enhance the welfare of these children, and to preserve family life wherever possible. This Code section shall be liberally construed so as to carry out the purposes thereof." "(4) 'Child service organization personnel' means persons employed by or volunteering at a business or an organization, whether public, private, for profit, not for profit, or voluntary, that provides care, treatment, education, training, supervision, coaching, counseling, recreational programs, or shelter to children. (5) 'Clergy' means ministers, priests, rabbis, imams, or similar functionaries, by whatever name called, of a bona fide religious organization. (6) 'School' means any public or private pre-kindergarten, elementary school, secondary school, technical school, vocational school, college, university, or institution of postsecondary education." "(c)(1) The following persons having reasonable cause to believe that a child has been abused suspected child abuse has occurred shall report or cause reports of that abuse to be made as provided in this Code section: (A) Physicians licensed to practice medicine, interns, or residents; (B) Hospital or medical personnel; (C) Dentists; (D) Licensed psychologists and persons participating in internships to obtain licensing pursuant to Chapter 39 of Title 43; (E) Podiatrists; (F) Registered professional nurses or licensed practical nurses licensed pursuant to Chapter 24 of Title 43; (G) Professional counselors, social workers, or marriage and family therapists licensed pursuant to Chapter 10A of Title 43; (H) School teachers; (I) School administrators; (J) School guidance counselors, visiting teachers, school social workers, or school psychologists certified pursuant to Chapter 2 of Title 20; (K) Child welfare agency personnel, as that agency is defined pursuant to Code Section 49-5-12; (L) Child-counseling personnel; (M) Child service organization personnel; or (N) Law enforcement personnel. (2) If a person is required to report child abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. A staff member who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise 1270 JOURNAL OF THE SENATE any control, restraint, modification, or make other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report. (d)(1) Any other person, other than one specified in subsection (c) of this Code section, who has reasonable cause to believe that a child is abused suspected child abuse has occurred may report or cause reports to be made as provided in this Code section. (2) Any adult who witnesses child abuse as defined by subsection (b) of this Code section or receives reliable information from a person who has witnessed child abuse that child abuse has occurred shall report such information as provided in this paragraph. An oral report shall be made as soon as possible, but in no case later than 72 hours from the observation or receipt of information regarding such abuse, by telephone to a law enforcement agency. Such report shall include any information that may be relevant to the suspected child abuse, including, as far as the reporting person knows, the name and address or identity of the child and the child's parents or caretakers, the child's age, the nature and extent of the child's injuries, the cause of the injuries, and the identity of the alleged perpetrator. This paragraph shall not apply to privileged communications between an attorney and his or her client. (e) With respect to reporting required by subsection (c) of this Code section, an An oral report shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Services, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff, physicians, law enforcement personnel, school officials, or staff of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Such photograph photographs shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority." "(g) Suspected child abuse which is required to be reported by any person pursuant to this Code section shall be reported notwithstanding that the reasonable cause to believe such abuse has occurred or is occurring is based in whole or in part upon any communication to that person which is otherwise made privileged or confidential by MONDAY, MARCH 5, 2012 1271 law; provided, however, that a member of the clergy shall not be required to report child abuse reported solely within the context of confession or other similar communication required to be kept confidential under church doctrine or practice. When a clergy member receives information about child abuse from any other source, the clergy member shall comply with the reporting requirements of this Code section, even though the clergy member may have also received a report of child abuse from the confession of the perpetrator. (h) Any person or official required by subsection (c) of this Code section and any person required by paragraph (2) of subsection (d) of this Code section to report a suspected case of child abuse who knowingly and willfully fails to do so shall be guilty of a misdemeanor. (i) A report of child abuse or information relating thereto and contained in such report, when provided to a law enforcement agency or district attorney pursuant to subsection (d) or (e) of this Code section or pursuant to Code Section 49-5-41, shall not be subject to public inspection under Article 4 of Chapter 18 of Title 50 even though such report or information is contained in or part of closed records compiled for law enforcement or prosecution purposes unless: (1) There is a criminal or civil court proceeding which has been initiated based in whole or in part upon the facts regarding abuse which are alleged in the child abuse reports and the person or entity seeking to inspect such records provides clear and convincing evidence of such proceeding; or (2) The superior court in the county in which is located the office of the law enforcement agency or district attorney which compiled the records containing such reports, after application for inspection and a hearing on the issue, shall permit inspection of such records by or release of information from such records to individuals or entities who are engaged in legitimate research for educational, scientific, or public purposes and who comply with the provisions of this paragraph. When those records are located in more than one county, the application may be made to the superior court of any one of such counties. A copy of any application authorized by this paragraph shall be served on the office of the law enforcement agency or district attorney which compiled the records containing such reports. In cases where the location of the records is unknown to the applicant, the application may be made to the Superior Court of Fulton County. The superior court to which an application is made shall not grant the application unless: (A) The application includes a description of the proposed research project, including a specific statement of the information required, the purpose for which the project requires that information, and a methodology to assure the information is not arbitrarily sought; (B) The applicant carries the burden of showing the legitimacy of the research project; and (C) Names and addresses of individuals, other than officials, employees, or agents of agencies receiving or investigating a report of abuse which is the subject of a report, shall be deleted from any information released pursuant to this subsection 1272 JOURNAL OF THE SENATE unless the court determines that having the names and addresses open for review is essential to the research and the child, through his or her representative, gives permission to release the information." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Ligon of the 3rd offered the following amendment #1: Amend Senate Substitute to SB 355 by adding (B) (C) and (D) and 3.1 and 4 after "b" on line 64. Senator Ligon, Jr. of the 3rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Ligon amendment #1 to the committee substitute was withdrawn. Senator Ligon of the 3rd offered the following amendment #2: Amend Senate Substitute SB 355 by adding 3 (B) (C) and (D) and 3.1 and 4 after "b" on line 64. On the adoption of the amendment, there were no objections, and the Ligon 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 Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Hamrick E Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate MONDAY, MARCH 5, 2012 1273 Y Davenport Y Davis Y Fort N Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 2. SB 355, having received the requisite constitutional majority, was passed by substitute. The following communications were received by the Secretary: Senator Judson Hill District 32 421-D State Capitol Atlanta, GA 30334 Committees: Government Oversight Appropriations Health and Human Services Insurance and Labor Reapportionment and Redistricting Special Judiciary Transportation Georgia Senate March 5, 2012 Bob Ewing Secretary of the Senate State of Georgia I wish to hereby be recorded as a "NO" vote on Senate Bill 355 substitute as amended. Please have the Senate Journal reflect this vote. After reflection, the Ligon amendment does not ease my concerns that otherwise law abiding citizens will be subject to criminal prosecution. Thank you. /s/ Judson Hill 1274 JOURNAL OF THE SENATE Senator Barry Loudermilk District 52 323-A State Capitol Atlanta, GA 30334 Committees: Science and Technology Veterans, Military and Homeland Security Economic Development Regulated Industries and Utilities Transportation The State Senate Atlanta, Georgia 30334 March 5, 2012 I wish to have my vote on SB 355 to reflect a "Nay" vote. After reading more fully the Ligon amendment that passed, I do not feel it fully clarifies sections of the bill that subjects citizens to potential prosecution for failure to report incidents of suspected child abuse. The definition of what constitutes child abuse is too vague and could subject citizens to prosecution for not reporting something that they do not believe rises to the level of abuse, (i.e. corporal punishment/spanking by parents). I further believe that current law provides for the prosecution of anyone who has knowledge of the commission of a crime but withholds information. /s/ Barry Loudermilk Senator Crosby of the 13th was excused for business outside the Senate Chamber. SB 373. By Senators Mullis of the 53rd, Jackson of the 24th, Unterman of the 45th, Hill of the 32nd, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 36-60-25 of the Official Code of Georgia Annotated, relating to certificates of public necessity and convenience and medallions for vehicles for hire, so as to provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs throughout the state; to provide for an exemption from public necessity and convenience and medallions requirements for vehicles for hire equipped to transport passengers in wheelchairs; to provide for the authority of county and municipal corporations to create distinctive decals to identify vehicles for hire equipped to transport passengers in wheelchairs; to provide for requirements for classification as a vehicle for hire equipped to transport passengers in wheelchairs; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 5, 2012 1275 The Senate Transportation Committee offered the following substitute to SB 373: A BILL TO BE ENTITLED AN ACT To amend Code Section 36-60-25 of the Official Code of Georgia Annotated, relating to certificates of public necessity and convenience and medallions for vehicles for hire, so as to provide for authority to operate vehicles for hire equipped to transport passengers in wheelchairs throughout the state; to provide for a one-time exemption from public necessity and convenience and medallions requirements outside the original county of operations for vehicles for hire equipped to transport passengers in wheelchairs when the destination county or municipality has no such similar vehicles for hire registered; to provide for limitations on the number of pick ups by exempt vehicles for hire; to provide for the issuance of distinctive decals to identify vehicles for hire equipped to transport passengers in wheelchairs; to provide for the maintenance of records by vehicles for hire equipped to transport passengers in wheelchairs; to provide for penalties; to provide for requirements for classification as a vehicle for hire equipped to transport passengers in wheelchairs; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-60-25 of the Official Code of Georgia Annotated, relating to certificates of public necessity and convenience and medallions for taxicabs, is amended as follows: "36-60-25. (a) Each county and municipal corporation may require the owner or operator of a taxicab or vehicle for hire to obtain a certificate of public necessity and convenience or medallion in order to operate such taxicab or vehicle for hire within the unincorporated areas of the county or within the corporate limits of the municipal corporation, respectively, and may exercise its authority under Code Section 48-13-9 to require such owners or operators to pay a regulatory fee to the county or municipal corporation. The General Assembly finds and declares that any county or municipality exercising the powers granted in this Code section is legitimately concerned with the qualifications and records of drivers of taxicabs and other vehicles for hire; with the location, accessibility, and insured state of companies operating taxicabs and other vehicles for hire; and with the safety and comfort of taxicabs and other vehicles for hire. Without limitation, each such county or municipality may exercise the powers granted in this Code section by ordinance to the same extent as the ordinances reviewed by the Georgia Court of Appeals in the case of Hadley v. City of Atlanta, 232 Ga. App. 871, 875 (1998), and each certificate of public convenience and necessity issued under those ordinances shall remain in full force and effect. (b) Each certificate of public necessity and convenience or medallion issued at any 1276 JOURNAL OF THE SENATE time by a county or municipal corporation shall be fully transferable pursuant to a purchase, gift, bequest, or acquisition of the stock or assets of a corporation to any person otherwise meeting the requirements of the applicable local ordinance. Each such certificate of public necessity and convenience or medallion may be used as collateral to secure a loan and each lending institution making such a loan shall have all rights of secured parties with respect to such loan. (c)(1) The owner or operator of a vehicle for hire equipped to provide services to individuals utilizing wheelchairs shall be authorized to operate in any county or municipal corporation so long as such vehicle is regulated under subsection (a) of this Code section by at least one county or municipality and operated under the conditions set forth in this subsection. (2) The owner or operator of a vehicle for hire equipped to provide services to individuals utilizing wheelchairs and regulated under subsection (a) of this Code section shall be authorized to operate such vehicle in any county or municipal corporation which does not regulate vehicles for hire and in those jurisdictions which regulate vehicles for hire but in which there are no vehicles for hire equipped to provide services to individuals utilizing wheelchairs. Owners or operators of vehicles for hire equipped to provide services to individuals utilizing wheelchairs shall notify the county or municipal corporation within which they are regulated of their availability to provide such services. The local governing authority shall post such information in a prominent location on the authority's official website or other official public information media for notification to the public and other operators or owners of such vehicles. (3) Vehicles for hire equipped to provide services to individuals utilizing wheelchairs may originate trips in the jurisdiction under which they operate pursuant to subsection (a) of this Code section, may deliver an individual utilizing a wheelchair outside their regulatory jurisdiction, and may pick up customers, whether they utilize a wheelchair or not, in the destination jurisdiction upon delivery of the individual utilizing a wheelchair for a trip returning to the jurisdiction of the initial trip. (4) A county or municipal corporation that regulates vehicles for hire shall issue a distinctive decal or other marking for display on each vehicle for hire equipped to provide services to individuals utilizing wheelchairs in order to identify the county or municipal corporation exercising regulatory authority over such vehicle. (5) Vehicles for hire equipped to provide services to individuals utilizing wheelchairs shall maintain accurate origin and destination logs which shall be available for review by any county, any municipality or the general public. (6)(A) Failure to comply with this subsection or the applicable regulations or ordinances of any county or municipal corporation which regulates vehicles for hire shall subject the operator of such vehicle to warnings, penalties, and fines as set forth in this paragraph. (B) Upon the first instance of violation of the provisions of this subsection, a written warning shall be issued by the county or municipal corporation wherein the violation occurred, with a copy of the warning to be sent to the jurisdiction wherein MONDAY, MARCH 5, 2012 1277 the vehicle for hire is regulated. (C) Upon the second instance of violation of the provisions of this subsection, a fine of $500.00 shall be levied by the county or municipal corporation against the operator of the vehicle for hire, and a copy of the documents levying such fine shall be sent to the jurisdiction wherein the vehicle for hire is regulated. (D) Upon any subsequent violation by the same vehicle for hire, the county or municipal corporation wherein the violations occurred shall send to the offending operator and the county or municipal corporation in which the vehicle for hire is regulated notice setting forth the details of the offense. The county or municipal corporation in which the vehicle for hire is regulated may, in its discretion, suspend the operating certificate or medallion of the offending operator if such operator is found guilty of the offenses at a hearing held in the jurisdiction where the offenses were alleged to have occurred. (7) For the purposes of this subsection, vehicles equipped to provide services to individuals utilizing wheelchairs shall be equipped with fully functioning wheelchair lifts or fold out ramps. (8) This subsection shall be repealed in its entirety on July 1, 2014." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd offered the following amendment #1: Amend the Senate Transportation Committee substitute to SB 373 (LC 39 0150S) by deleting line 62 and inserting in lieu thereof the following: for a trip returning to the jurisdiction of the initial trip; provided, however, if the destination jurisdiction regulates vehicles for hire and there are vehicles for hire equipped to provide services to individuals utilizing wheelchairs in the destination jurisdiction, then the vehicle for hire may only pick up customers utilizing a wheelchair in the destination jurisdiction for a trip returning to the jurisdiction of the initial trip. By deleting on line 86 "may, in its discretion," and inserting in lieu thereof "shall". On the adoption of the amendment, there were no objections, and the Mullis amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. 1278 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 373, having received the requisite constitutional majority, was passed by substitute. SB 386. By Senators Grant of the 25th and Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 43-34-25 of the Official Code of Georgia Annotated, relating to delegation of certain medical acts to advanced practice registered nurses, so as to revise provisions relating to the delegation of authority to order radiographic imaging tests; 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: N Albers N Balfour N Bethel Y Bulloch N Hamrick E Harbison N Heath Y Henson Y Orrock Y Paris E Ramsey Y Rogers MONDAY, MARCH 5, 2012 1279 Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport N Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk N McKoon Y Millar N Miller N Mullis Y Murphy E Seay N Shafer N Sims N Staton N Stone N Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins N Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 32, nays 19. SB 386, having received the requisite constitutional majority, was passed. SB 407. By Senators Unterman of the 45th, Chance of the 16th and Miller of the 49th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the creation of the Health Strategies Council and the Clinical Laboratory, Blood Bank, and Tissue Bank Committee; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner 1280 JOURNAL OF THE SENATE Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 407, having received the requisite constitutional majority, was passed. SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Education and Youth Committee offered following substitute to SB 410: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 5, 2012 1281 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, is amended by revising Code Section 20-14-33, relating to indicators of quality of learning in individual schools and school systems, comparison to state standards, rating schools and school systems, and other matters, as follows: "20-14-33. (a) The office, in coordination with the Department of Education, shall adopt and biennially annually review, and revise as necessary, indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems in an individual school and school system. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to quality of learning shall be based on data that include student achievement, achievement gap closure, and student progress. The performance indicators of quality of learning shall include all students regardless of ethnicity, sex, disability, language proficiency, and socioeconomic status and must include shall be disaggregated by all subgroups as required under the federal Elementary and Secondary Education Act, as amended: (1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office adopts. (c) Performance on the indicator indicators of quality of learning, financial efficiency, 1282 JOURNAL OF THE SENATE school climate, and any other indicators the office adopts shall be compared to state standards, progress on improved student achievement, and comparable performance. The standards for comparison shall be established by the office as provided in Code Section 20-14-31, in coordination with the Department of Education. Data and information regarding the standard standards shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. Financial efficiency may include an analysis of how federal and state funds spent by local school systems impact student achievement and school improvement, and components used to determine financial efficiency may include actual achievement, resource efficiency, and student participation in standardized testing. School climate determinations may utilize data from student health surveys, data on environmental and behavior indicators, data on student behavioral and school-based reactions, and teacher and parent survey instruments. Financial efficiency and school climate shall have one of the following star ratings based upon the factors included in this subsection, as further defined by rules and regulations of the office: (1) '5-star' schools ranked excellent according to the state determined financial efficiency or school climate index, as appropriate; (2) '4-star' schools ranked above average according to the state determined financial efficiency or school climate index, as appropriate; (3) '3-star' schools ranked satisfactory according to the state determined financial efficiency or school climate index, as appropriate; (4) '2-star' schools ranked below satisfactory according to the state determined financial efficiency or school climate index, as appropriate; or (5) '1-star' schools ranked failing according to the state determined financial efficiency or school climate index, as appropriate. (d) The office, in coordination with the Department of Education, shall establish and annually calculate individual school and school system ratings, which shall be a numerical score on a scale of 0-100, for each public school and school system in this state based on the indicators of quality of learning adopted pursuant to this Code section for student achievement, achievement gap closure, and student progress for annual academic performance on the assessment instruments required under Code Section 202-281. (e) Each school system shall provide all student performance data and all other student school completion and attendance data necessary for the calculation of the school and school system rating to the Department of Education's educational information system in accordance with rules and timelines established by the State Board of Education and the Department of Education shall make such data available to the office to enable it to conduct its required duties. (f) The office shall develop and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the MONDAY, MARCH 5, 2012 1283 office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. School completion data shall be included in the performance indicators of quality of learning for each school and school system. (g) The office shall develop and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h) The office shall annually review the performance of each school and school system on the indicators in subsection (b) of this Code section and determine whether a change in the school or school system rating status of the school or school system is warranted." SECTION 2. Said chapter is further amended by revising Code Section 20-14-34, relating to school report cards and the required information and dissemination of such report cards, as follows: "20-14-34. (a) Each school year, the office shall prepare and distribute to each school system in the State of Georgia a report card for each school in the school system and for the school system in the State of Georgia. The school report cards must be shall include performance data on quality of learning, financial efficiency, and school climate as calculated pursuant to Code Section 20-14-33 and based on the most current data available disaggregated by student groups. Beginning with the 2013-2014 school year, the office shall assign a letter grade of A, B, C, D, or F, including plus or minus delineations, for each school and school system. Such letter grade shall be derived from the numerical rating score calculated pursuant to Code Section 20-14-33 with a majority of the grade based upon student achievement. School performance must be compared to: (1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card cards shall include the following information, where applicable: (1) The school or school system letter grade assigned pursuant to subsection (a) of 1284 JOURNAL OF THE SENATE this Code section; (2) The individual school and school system ratings in a numerical format as provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators in subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (3) A financial efficiency rating for each school and school system; (4) A school climate rating for each school and school system; (5) An explanation of the criteria that informs the school and school system rating; and (6) An explanation of the criteria that informs the financial efficiency and school climate ratings. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school and each school system in the state and a rating and letter grade for each school and each school system as provided for in subsection (d) of Code Section 20-14-33 and subsection (a) of this Code section. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school and school system report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school or school system report card to any other party. These reports report cards shall be posted on the Office of Student Achievement website, the Department of Education website, and the existing website of such local school system." SECTION 3. Said chapter is further amended by revising Code Section 20-14-38, relating to financial awards and proclamations by the Governor, as follows: "20-14-38. (a) Financial awards will may be provided to the schools that the director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion achievement gap closure, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will may be provided to each school that is identified by the director for performance on either or both excellence in student achievement and or student progress on student achievement. The certificated personnel in a school that is identified by the director as either a best performing school or better performing school in either or both categories will may be provided a bonus for the year the school was identified of $1,000.00 for each best performing school designation and $500.00 for MONDAY, MARCH 5, 2012 1285 each better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional financial award will may be provided to each school for noncertificated personnel in the amount of $10,000.00 for each designation of best performing school and $5,000.00 for each designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30." SECTION 4. Said chapter is further amended in Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, by revising subsection (a) as follows: "(a) The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievement standard or on progress on improved student achievement, achievement gap closure, or student progress, or any combination thereof. In specifying levels of assistance and intervention, the State Board of Education shall consider the number of years a school has received an unacceptable rating and may include one or more of the following interventions: (1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to: (A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school 1286 JOURNAL OF THE SENATE principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall, subject to the provisions of subsection (f) of this Code section, implement one or more of the following interventions or sanctions: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student; MONDAY, MARCH 5, 2012 1287 (E) Mandate a monitor, master, or management team in the school that shall be paid by the district; (F) Continue the intensive student achievement improvement plan provided for in paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the school's governance arrangement and internal organization of the school." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Henson of the 41st offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SB 410 (LC 33 4617S) by inserting after "interventions;" on line 8 the following: to amend Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, so as to require certain reporting from qualified schools and programs enrolling eligible students; By inserting between lines 256 and 257 the following: SECTION 4A. Chapter 2A of Title 20 of the Official Code of Georgia Annotated, relating to student scholarship organizations, is amended by adding a new Code section to read as follows: "20-2A-8. Each qualified school or program which enrolls an eligible student who has received a scholarship or tuition grant from a student scholarship organization pursuant to this chapter shall annually report to the Department of Education aggregated demographic data of the eligible students attending such school or program with respect to gender, race, and county of residence." 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 13, nays 31, and the Henson 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. 1288 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Miller Y Mullis Y Murphy N Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 38, nays 13. SB 410, having received the requisite constitutional majority, was passed by substitute. SB 414. By Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th: 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 require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; 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 414: MONDAY, MARCH 5, 2012 1289 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 require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for applicability of the Georgia Administrative Procedures Act; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows: "CHAPTER 25A 43-25A-1. As used in this chapter, the term: (1) 'Advisory group' means the Music Therapy Advisory Group. (2) 'Board certified music therapist' means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination or transitioned into board certification, and remains actively certified by the Certification Board for Music Therapists. (3) 'Music therapist' means a person licensed to practice music therapy. (4) 'Music therapy' means the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship by a credentialed professional who has completed an approved music therapy program. (5) 'Office' means the office of the Secretary of State. (6) 'Secretary' means the Secretary of State or his or her designee. 43-25A-2. (a) There is created within the office of the Secretary of State a Music Therapy Advisory Group which shall consist of five members. (b) The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of music therapy to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter. (c) The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint three members who practice as music therapists 1290 JOURNAL OF THE SENATE in this state; one member shall be appointed as a representative of the American Music Therapy Association or any successor organization; and one member shall be appointed as a representative of the Certification Board for Music Therapists or any successor organization. (d) Members shall serve without compensation. (e) Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments. 43-25A-3. (a) The advisory group shall meet at least once per year or as otherwise called by the Secretary. (b) The Secretary shall consult with the advisory group prior to setting or changing fees in this chapter. (c) The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings. (d) The advisory group may act as a facilitator of state-wide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the Secretary. (e) The advisory group may provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once per year. (f) The Secretary may seek the advice of the advisory group for issues related to music therapy. 43-25A-4. After January 1, 2014, no person without a license as a music therapist shall use the title 'music therapist' or similar title, or perform the duties of a music therapist, provided that this chapter shall not prohibit any practice of music therapy that is an integral part of a program of study for students enrolled in an accredited music therapy program. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of any profession including occupational therapists, speech therapists, physical therapists, or audiology specialists that may also use music therapy in the scope of their practice. 43-25A-5. An applicant for a music therapy license shall submit a completed application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that: (1) The applicant is at least 18 years of age; (2) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association or MONDAY, MARCH 5, 2012 1291 any successor organization within an accredited college or university; (3) The applicant successfully completes a minimum of 1,200 hours of clinical training, with at least 180 hours in preinternship experiences and at least 900 hours in internship experiences, provided that the internship shall be approved by an academic institution, the American Music Therapy Association or any successor organization, or both; (4) The applicant is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant; (5) The applicant provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board certified music therapist; and (6) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary or his or her representative to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure by examination agrees to provide the Secretary 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. 43-25A- 6. (a) Every license issued under this chapter shall be renewed biennially. A license shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following shall also be required for license renewal: (1) Proof of maintenance of the applicant's Certification Board for Music Therapists credentials; and (2) Proof of completion of a minimum of 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization and any other continuing education requirements established by the Secretary. (b) A licensee shall inform the Secretary of any changes to his or her address. Each licensee shall be responsible for timely renewal of his or her license. (c) Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and the Secretary may require the individual to reapply for licensure as a new applicant. (d) Upon written request of a licensee, the Secretary may place an active license on an 1292 JOURNAL OF THE SENATE inactive status subject to an inactive status fee established by the Secretary. The licensee, upon request and payment of the inactive license fee, may continue on inactive status for a period up to two years. An inactive license may be reactivated at any time by making a written request to the Secretary and by fulfilling requirements established by the Secretary. 43-25A-7. The Secretary shall waive the examination requirement for an applicant until January 1, 2014, who is: (1) Certified as a music therapist and in good standing with the Certification Board for Music Therapists; or (2) Designated as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the National Music Therapy Registry. 43-25A-8. (a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee: (1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony as provided under state law; (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care; (4) Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual's practice of music therapy in any other jurisdiction; (5) Has committed a fraudulent insurance act; (6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or (7) Has a physical or mental disability that renders the individual incapable of safely administering music therapy services. (b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section. (c) In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation. (d) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the Secretary of State and the provisions of this chapter." MONDAY, MARCH 5, 2012 1293 SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th offered the following amendment #1: Amend SB 414 sub by: Insert after line 124 the following: All persons with a music therapy License shall abide by the Scope of Practice set forth by the Certification Board for Music Therapists. and renumber accordingly. On the adoption of the amendment, there were no objections, and the Unterman amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel N Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport N Davis N Fort N Hamrick E Harbison N Heath Y Henson Y Hill, Jack N Hill, Judson N Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y Orrock Y Paris E Ramsey Y Rogers E Seay Y Shafer N Sims N Staton Y Stone Y Stoner N Tate E Thompson, C N Thompson, S Y Tippins 1294 JOURNAL OF THE SENATE Y Ginn Y Goggans Golden N Gooch Y Grant N McKoon Y Millar Miller Y Mullis N Murphy Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 17. SB 414, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Horacena Tate District 38 110-C State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services State and Local Governmental Operations Urban Affairs The State Senate Atlanta, Georgia 30334 MEMORANDUM TO: Mr. Bob Ewing Secretary of Senate FROM: Senator Horacena Tate /s/ H.T. 38th District SUBJECT: VOTE CORRECTION DATE: 5 March 2012 I am writing to request a correction in my vote on SB 414. Please have the record show my vote for SB 414 as a "YES" vote. Thank you in advance for your consideration. At 12:23 p.m. the President announced that the Senate would stand in recess until 1:00 p.m. At 1:00 p.m. the President called the Senate to order. MONDAY, MARCH 5, 2012 1295 The Calendar was resumed. SB 416. By Senators Carter of the 1st, Bethel of the 54th and Golden of the 8th: A BILL to be entitled an Act to amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for standards consistent with the National Council of Prescription Drug Programs; to provide clinical workflow decision support of physician providers; to provide transmission security; 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 416: A BILL TO BE ENTITLED AN ACT To amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for adoption of the National Council of Prescription Drug Programs standards; to provide clinical workflow decision support of physician providers; to provide transmission security; 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 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by adding a new Code section to read as follows: "33-64-8. (a) As used in this Code section, 'electronic prior authorization' or 'e-prior authorization' means a requirement that a prescriber obtain approval via electronic media from a health plan to prescribe a specific medication prior to dispensing. Facsimiles shall not be considered an electronic submission under this Code section except in the event that such electronic media is temporarily unavailable due to system failure or outage. (b) Within 12 months of the adoption of standards by the National Council of Prescription Drug Programs, the department shall under the direction of the 1296 JOURNAL OF THE SENATE Commissioner adopt standards by which the pharmacy benefits manager shall exchange standard e-prior authorization requests with health care providers for drugs and devices using electronic data interchange standards consistent with those adopted by the National Council of Prescription Drug Programs. Such standards shall support clinical workflow decision support of the physician provider. (c) Within 12 months of the adoption of standards by the National Council of Prescription Drug Programs, e-prior authorization requests shall be accessible and submitted by providers to pharmacy benefits managers and health plans through secure electronic transmissions utilizing the current National Council of Prescription Drug Programs electronic prior authorization standard. (d) Nothing in this Code section shall require any health care provider to participate in e-prior authorization or electronic prior authorization in order to obtain the necessary authorization for patient care." 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey Y Rogers E Seay Shafer N Sims Y Staton Y Stone Y Stoner Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams MONDAY, MARCH 5, 2012 1297 On the passage of the bill, the yeas were 43, nays 2. SB 416, having received the requisite constitutional majority, was passed by substitute. SB 428. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, so as to provide for agency reports regarding federal government mandates and duplicate state and federal regulation; to repeal conflicting laws; and for other purposes. The Senate Economic Development Committee offered the following substitute to SB 428: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, so as to provide for agency reports regarding federal government mandates and duplicate state and federal regulation; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, is amended by adding a new Code section to read as follows: "50-13-4.1. Each agency shall prepare annually a report that specifies with detail those federal government mandates that require agency promulgation of rules and regulations rather than enactment of law by the General Assembly. Such report shall also identify state and federal regulatory duplication. A copy of such report shall be submitted to the Governor, Secretary of State, President of the Senate, Speaker of the House of Representatives, Secretary of the Senate, Clerk of the House of Representatives, and legislative counsel." 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. 1298 JOURNAL OF THE SENATE The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey Y Rogers E Seay Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 1. SB 428, having received the requisite constitutional majority, was passed by substitute. SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd: 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 add medical identity fraud to the provisions relating to identity fraud; to provide for 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. MONDAY, MARCH 5, 2012 1299 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 431, having received the requisite constitutional majority, was passed. Senator Loudermilk of the 52nd asked unanimous consent to drop SB 458 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 458 was placed at the foot of the Rules Calendar. SB 464. By Senators Ligon, Jr. of the 3rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; 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. 1300 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. SB 464, having received the requisite constitutional majority, was passed. SB 470. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Orrock Y Paris Y Ramsey Y Rogers E Seay MONDAY, MARCH 5, 2012 1301 Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 470, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Fran Millar Education and Youth District 40 Retirement 319-B Coverdell Legislative Office Building Economic Development Atlanta, GA 30334 Government Oversight Health and Human Services The State Senate Atlanta, Georgia 30334 I intended to vote yes on SB 416, SB 428, SB 431, SB 464 and SB 470. /s/ Fran Millar 3/5/12 SB 483. By Senators Mullis of the 53rd, Rogers of the 21st, Chance of the 16th, Golden of the 8th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an 1302 JOURNAL OF THE SENATE effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Regulated Industries and Utilities Committee offered the following substitute to SB 483: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-5, relating to chairman of the commission and selection, as follows: "46-2-5. (a) There shall be a chairman chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The chairperson currently serving on the effective date of this Code section shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any three members of the commission may call for an election of a chairperson at any time prior to the end of the term of a chairperson; provided, however, that such elections shall not be held more than twice per calendar year, except in the case of a vacancy by the chairperson; and provided, further, that any chairperson so elected shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. No commissioner shall be elected or serve as chairperson for more than two consecutive terms. The chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chairman shall take office within 15 days after the first day of January in 1993 and each subsequent year; and each such chairman shall serve for a one-year term of office as chairman. (b) The chairman shall be selected by the members of the commission according to the following rules; and for purposes of these rules, seniority on the commission shall be MONDAY, MARCH 5, 2012 1303 determined according to the longest period of continuous unbroken service: (1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman; (2) A member of the commission who has previously served as chairman shall not be eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman; (3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall be selected to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and (4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot. (c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman as specified in subsection (a) of this Code section. (d)(b) The chairman chairperson shall give his or her entire time to the duties of his the office." SECTION 2. This Act shall become effective on December 31, 2012. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd offered the following amendment #1: Amend the Senate Regulated Industries and Utilities Committee substitute to SB 483 (LC 36 2144S) by deleting "three" on line 18 and inserting in lieu thereof "four". By deleting line 54 and inserting in lieu thereof the following: This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. On the adoption of the amendment, there were no objections, and the Mullis amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. 1304 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby N Davenport Y Davis N Fort N Ginn Y Goggans Y Golden Y Gooch Y Grant N Hamrick E Harbison N Heath N Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares Y Jones N Ligon N Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers E Seay Y Shafer Y Sims Y Staton Stone Y Stoner N Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 34, nays 18. SB 483, having received the requisite constitutional majority, was passed by substitute. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. SB 458. By Senators Loudermilk of the 52nd, Rogers of the 21st, Hill of the 32nd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to the verification of lawful presence within the United States, so as to modify provisions relating to verification requirements, procedures, and conditions for applicants for public benefits; to modify the definition of a secure and verifiable document; to modify provisions relating to the Immigration Enforcement Review Board; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 5, 2012 1305 The Senate Judiciary Committee offered the following substitute to SB 458: A BILL TO BE ENTITLED AN ACT To amend Chapter 36 of Title 50 of the Official Code of Georgia Annotated, relating to the verification of lawful presence within the United States, so as to modify provisions relating to verification requirements, procedures, and conditions for applicants for public benefits; to modify the definition of a secure and verifiable document; to modify provisions relating to the Immigration Enforcement Review Board; 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 36 of Title 50 of the Official Code of Georgia Annotated, relating to the verification of lawful presence within the United States, is amended by revising Code Section 50-36-1, relating to verification requirements, procedures, conditions, exceptions, regulations, and criminal and other penalties for violations, as follows: "50-36-1. (a) As used in this Code section, the term: (1) 'Agency head' means a director, commissioner, chairperson, mayor, councilmember, board member, sheriff, or other executive official, whether appointed or elected, responsible for establishing policy for a public employer. (2) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (3) 'Applicant' means any natural person, 18 years of age or older, who has made application for access to public benefits on behalf of an individual, business, corporation, partnership, or other private entity. (4)(A) 'Public benefit' means a federal benefit as defined in 8 U.S.C. Section 1611, a state or local benefit as defined in 8 U.S.C. Section 1621, a benefit identified as a public benefit by the Attorney General of Georgia, or a and the following public benefit which shall include the following benefits: (i) Adult education; (ii) Authorization to conduct a commercial enterprise or business; (iii) Business certificate, license, or registration; (iv) Business loan; (v) Cash allowance; (vi) Disability assistance or insurance; (vii) Down payment assistance; (viii) Energy assistance; (ix) Food stamps; 1306 JOURNAL OF THE SENATE (x) Gaming license; (xi) Health benefits; (xii) Housing allowance, grant, guarantee, or loan; (xiii) Loan guarantee; (xiv) Medicaid; (xv) Occupational license; (xvi) Postsecondary education; (xvii) Professional license; (xvii)(xviii) Registration of a regulated business; (xviii)(xix) Rent assistance or subsidy; (xix)(xx) State grant or loan; (xx)(xxi) State identification card; (xxi)(xxii) Tax certificate required to conduct a commercial business; (xxii)(xxiii) Temporary assistance for needy families (TANF); (xxiii)(xxiv) Unemployment insurance; and (xxiv)(xv) Welfare to work. (B) Each year before August 1, the Attorney General shall prepare a detailed report indicating any all 'public benefit benefits' that may be administered in this state as defined in 8 U.S.C. Sections 1611 and 1621 and whether such benefit is. The report shall include all public benefits listed in subparagraph (A) of this paragraph. The report shall also provide notice that each benefit listed is subject to SAVE verification pursuant to this Code section. The Attorney General shall not remove or fail to disclose or report any public benefit listed in subparagraph (A) of this paragraph, and he or she shall only be authorized to add to such list and not remove therefrom. Such report shall provide the description of the benefit and shall be updated annually and distributed to the members of the General Assembly and be posted to the Attorney General's website. (b) Except as provided in subsection (d) of this Code section or where exempted by federal law, every agency or political subdivision shall verify the lawful presence in the United States of any applicant for public benefits. (c) This Code section shall be enforced without regard to race, religion, gender, ethnicity, or national origin. (d) Verification of lawful presence under this Code section shall not be required: (1) For any purpose for which lawful presence in the United States is not required by law, ordinance, or regulation; (2) For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; (3) For short-term, noncash, in-kind emergency disaster relief; (4) For public health assistance for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; MONDAY, MARCH 5, 2012 1307 (5) For programs, services, or assistance such as soup kitchens, crisis counseling and intervention, and short-term shelter specified by the United States Attorney General, in the United States Attorney General's sole and unreviewable discretion after consultation with appropriate federal agencies and departments, which: (A) Deliver in-kind services at the community level, including through public or private nonprofit agencies; (B) Do not condition the provision of assistance, the amount of assistance provided, or the cost of assistance provided on the individual recipient's income or resources; and (C) Are necessary for the protection of life or safety; or (6) For prenatal care; or (7) For postsecondary education, whereby the Board of Regents of the University System of Georgia or the State Board of the Technical College System of Georgia shall set forth, or cause to be set forth, policies regarding postsecondary benefits that comply with all federal law including but not limited to public benefits as described in 8 U.S.C. Section 1611, 1621, or 1623. (d.1) All policies of agencies or political subdivisions regarding public benefits for postsecondary education shall comply with federal law as described in 8 U.S.C. Section 1623. (e)(1) An agency or political subdivision providing or administering a public benefit shall require every applicant for such benefit to: (1)(A) Provide at least one secure and verifiable document, as defined in Code Section 50-36-2; and (2)(B) Execute a signed and sworn affidavit verifying the applicant's lawful presence in the United States, which affidavit shall state: (A)(i) The applicant is a United States citizen or legal permanent resident 18 years of age or older; or (B)(ii) The applicant is a qualified alien or nonimmigrant under the federal Immigration and Nationality Act, Title 8 U.S.C., 18 years of age or older lawfully present in the United States and provide the applicant's alien number issued by the Department of Homeland Security or other federal immigration agency; and. (2) An applicant may satisfy the requirements of this subsection by submitting documents at any time within nine months prior to the application deadline, provided that documents that are submitted early remain valid through the licensing or approval period, or such other period for which the applicant is applying to receive a public benefit. (3) If an applicant for a public benefit for postsecondary education is under 18 years of age, the applicant shall be required to execute the signed and sworn affidavit within 30 days following such applicant's eighteenth birthday to continue the enrollment process or attendance at a public postsecondary educational institution. (3)(4) The state auditor shall create affidavits for use under this Code section subsection and shall keep a current version of such affidavits on the Department of Audits and Account's Accounts' official website. 1308 JOURNAL OF THE SENATE (4)(5) Documents or copies of documents required by this Code section subsection may be submitted in person, by mail, or electronically, provided the submission complies with Chapter 12 of Title 10. Copies of documents submitted in person, by mail, or electronically shall satisfy the requirements of this Code section. For purposes of this paragraph, electronic submission includes a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmission. (6) The requirements of this subsection shall not apply to any applicant renewing an application for a public benefit, within the same agency, where the applicant has previously complied with the requirements of this subsection by submission of a secure and verifiable document establishing that such applicant is a United States citizen. (f) For any applicant who has executed an affidavit that he or she is an alien lawfully present in the United States, eligibility for public benefits shall be made through the Systematic Alien Verification of Entitlement (SAVE) program operated by the United States Department of Homeland Security or a successor program designated by the United States Department of Homeland Security. Until such eligibility verification is made, the affidavit may be presumed to be proof of lawful presence for the purposes of this Code section. (g) Any person who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in an affidavit executed pursuant to this Code section shall be guilty of a violation of Code Section 16-10-20. (h) Verification of citizenship through means required by federal law shall satisfy the requirements of this Code section. (i) It shall be unlawful for any agency or political subdivision to provide or administer any public benefit in violation of this Code section. On or before January 1 of each year, each agency or political subdivision which administers any public benefit shall provide an annual report to the Department of Community Affairs that identifies each public benefit, as defined in subparagraph (a)(3)(A) of this Code section, administered by the agency or political subdivision and a listing of each public benefit for which SAVE authorization for verification has not been received. (j) Any and all errors and significant delays by SAVE shall be reported to the United States Department of Homeland Security. (k) Notwithstanding subsection (g) of this Code section, any applicant for public benefits shall not be guilty of any crime for executing an affidavit attesting to lawful presence in the United States that contains a false statement if said affidavit is not required by this Code section. (l) In the event a legal action is filed against any agency or political subdivision alleging improper denial of a public benefit arising out of an effort to comply with this Code section, the Attorney General shall be served with a copy of the proceeding and shall be entitled to be heard. (m) Compliance with this Code section by an agency or political subdivision shall include taking all reasonable, necessary steps required by a federal agency to receive authorization to utilize the SAVE program or any successor program designated by the MONDAY, MARCH 5, 2012 1309 United States Department of Homeland Security or other federal agency, including providing copies of statutory authorization for the agency or political subdivision to provide public benefits and other affidavits, letters of memorandum of understanding, or other required documents or information needed to receive authority to utilize the SAVE program or any successor program for each public benefit provided by such agency or political subdivision. An agency or political subdivision that takes all reasonable, necessary steps and submits all requested documents and information as required in this subsection but either has not been given access to use such programs by such federal agencies or has not completed the process of obtaining access to use such programs shall not liable for failing to use the SAVE program or any such successor program to verify eligibility for public benefits. (n) In the case of noncompliance with the provisions of this Code section by an agency or political subdivision, the appropriations committee of each house of the General Assembly may consider such noncompliance in setting the budget and appropriations. (o) No employer, agency, or political subdivision shall be subject to lawsuit or liability arising from any act to comply with the requirements of this chapter; provided, however, that the intentional and knowing failure of any agency head to abide by the provisions of this chapter shall: (1) Be a violation of the code of ethics for government service established in Code Section 45-10-1 and subject such agency head to the penalties provided for in Code Section 45-10-28, including removal from office and a fine not to exceed $10,000.00; and (2) Be a high and aggravated misdemeanor offense where such agency head acts to willfully violate the provisions of this Code section or acts so as to intentionally and deliberately interfere with the implementation of the requirements of this Code section. The Attorney General shall have the authority to conduct a criminal and civil investigation of an alleged violation of this chapter by an agency or agency head and to bring a prosecution or civil action against an agency or agency head for all cases of violations under this chapter. In the event that an order is entered against an employer, the state shall be awarded attorney's fees and expenses of litigation incurred in bringing such an action and investigating such violation." SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 50-36-2, relating to secure and verifiable identification documents, as follows: "(b) As used in this Code section, the term: (1) 'Agency or political subdivision' means any department, agency, authority, commission, or government entity of this state or any subdivision of this state. (2) 'Public official' means an elected or appointed official or an employee or an agent of an agency or political subdivision. (3) 'Secure and verifiable document' means a an unexpired document issued by a state or federal jurisdiction or recognized by the United States government and that is 1310 JOURNAL OF THE SENATE verifiable by federal or state law enforcement, intelligence, or homeland security agencies. Secure and verifiable document shall not mean a Matricula Consular de Alta Seguridad, matricula consular card, consular matriculation card, consular identification card, or similar identification card issued by a foreign government regardless of the holder's immigration status. Secure and verifiable documents shall not include any foreign passport unless the passport is submitted with a valid United States Homeland Security Form I-94 or I-94A or other federal document specifying an alien's lawful immigration status. Only those documents approved and posted by the Attorney General pursuant to subsection (f) of this Code section shall be considered secure and verifiable documents. No secure and verifiable document shall be submitted or relied upon for purposes that are in conflict with any limitation or restriction specified in such document. Copies of secure and verifiable documents submitted in person, by mail, or electronically shall satisfy the definition of 'secure and verifiable document' in this chapter. For purposes of this paragraph, electronic submission includes a submission via facsimile, Internet, electronic texting, or any other electronically assisted transmission." SECTION 3. This Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Stone of the 23rd, Grant of the 25th, Davis of the 22nd and Williams of the 19th offered the following amendment #1: Amend committee substitute (LC 35 2604S) to SB 458 by inserting the words "state subsidized" on line 42 before the words "postsecondary education"; by inserting the words "state subsidized" on line 93 before the words "postsecondary education"; and by inserting the words "state subsidized" on line 111 before the words "postsecondary education." Senator Stone of the 23rd asked unanimous consent that his amendment #1 be withdrawn. The consent was granted, and the Stone, et al. amendment #1 to the committee substitute was withdrawn. MONDAY, MARCH 5, 2012 1311 Senator Loudermilk of the 52nd offered the following amendment #2: Amend Substitute to SB 458 by striking lines 42, 92, 93, 94 Strike on line 111 "for postsecondary education" Strike lines 113-114 beginning with "to continue" Add on line 26 after "benefits" the words ", regardless of whether such benefit is subsidized by state or federal funds" On the adoption of the amendment, there were no objections, and the Loudermilk 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 Albers Y Balfour Y Bethel N Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane N Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 34, nays 19. SB 458, having received the requisite constitutional majority, was passed by substitute. 1312 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 1700. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1238 until 10:00 a.m. Wednesday, March 7, 2012; the motion prevailed, and at 3:17 p.m. the President announced the Senate adjourned. WEDNESDAY, MARCH 7, 2012 1313 Senate Chamber, Atlanta, Georgia Wednesday, March 7, 2012 Thirtieth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Hooks of the 14th 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 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 334. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 397. By Representatives Powell of the 171st, Bearden of the 68th, Powell of the 29th, Greene of the 149th, Baker of the 78th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to comprehensively revise the provisions of law 1314 HB 535. HB 648. HB 732. HB 743. JOURNAL OF THE SENATE regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; to repeal conflicting laws; and for other purposes. By Representatives Oliver of the 83rd, Yates of the 73rd, England of the 108th, Houston of the 170th and Heard of the 114th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to authorize the Veterans Service Board to establish a fee for residency in a facility of the Georgia State War Veterans' Home; to provide for a waiver of fees based on economic need; to provide for rules and regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes. By Representatives Golick of the 34th, Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to change certain provisions so that certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts; to change provisions relating to the budget of the council; to provide a contingent effective date; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. By Representatives McBrayer of the 153rd, Yates of the 73rd, Collins of the 27th, Rice of the 51st, Setzler of the 35th and others: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain HB 745. HB 808. HB 825. HB 846. WEDNESDAY, MARCH 7, 2012 1315 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. By Representatives Welch of the 110th, Ramsey of the 72nd, Cooper of the 41st, Manning of the 32nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Yates of the 73rd, Collins of the 27th, Black of the 174th, Holcomb of the 82nd, Hatchett of the 143rd and others: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for an exclusion applicable to certain income of certain disabled veterans; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. By Representatives Nix of the 69th, Ashe of the 56th, Coleman of the 97th and Kaiser of the 59th: A BILL to be entitled an Act to amend Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, so as to eliminate a time frame relative to hearings before administrative law judges; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 126th and Peake of the 137th: 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 various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter rulings; to define the term "ruling"; to substantially modernize the provisions governing the commissioner's levy and sale of personal 1316 HB 871. HB 896. HB 897. HB 899. JOURNAL OF THE SENATE property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Battles of the 15th, Coomer of the 14th, Meadows of the 5th and Powell of the 171st: A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. By Representatives Harden of the 28th, England of the 108th, Coomer of the 14th, Neal of the 1st, Powell of the 29th and others: 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 extensively revise the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Brockway of the 101st, Hamilton of the 23rd, Williamson of the 111th, Powell of the 29th, Morgan of the 39th 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, HB 916. HB 928. HB 931. WEDNESDAY, MARCH 7, 2012 1317 so as to provide for the dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Knight of the 126th, England of the 108th, McCall of the 30th, Roberts of the 154th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representatives Riley of the 50th, Greene of the 149th, Maddox of the 172nd, Wilkerson of the 33rd, Anderson of the 117th and others: 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 the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Shaw of the 176th, Meadows of the 5th, Jasperse of the 12th, Smith of the 131st, Maxwell of the 17th 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 update this state's domestic farmers' mutual fire insurance companies provisions; to provide that the companies are organized for the purpose of insuring property; to provide for minimum surplus requirements for the issuance of a certificate of authority; to provide that certain changes to a plan of operation require filing and approval by the Commissioner; to provide for bylaw amendment at least 30 days prior to adoption; to provide for minimum surplus requirements; to provide for limitations on amount that may be retained on any subject of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. 1318 HB 934. HB 945. HB 972. HB 986. JOURNAL OF THE SENATE By Representatives Parsons of the 42nd, Williams of the 4th, Horne of the 71st and Baker of the 78th: A BILL to be entitled an Act to amend Code Section 50-37-3 of the Official Code of Georgia Annotated, relating to state agencies entering into guaranteed energy savings performance contracts, so as to change certain provisions relating to the process of implementing guaranteed energy savings performance contracts for governmental units; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the issuance of non-cash valued shares by a bank or trust company with approval from the Department of Banking and Finance; to provide for the issuance of dividends from sources other than retained earnings with prior approval from the department; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Weldon of the 3rd, Lane of the 167th, Dollar of the 45th, Benton of the 31st, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to amend Article 2 of Chapter 16 of Title 45 of the O.C.G.A., relating to death investigations by coroners, so as to require coroners to report to the board when a death may be the result of medication administered or prescribed; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Hembree of the 67th, Smith of the 131st, Maxwell of the 17th, Meadows of the 5th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that 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. WEDNESDAY, MARCH 7, 2012 1319 HB 987. By Representatives Riley of the 50th and Maxwell of the 17th: A BILL to be entitled an Act to amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member of the fund who ceases to be employed as a peace officer shall have a duty to so notify the retirement fund immediately; to provide for a cessation of membership; to repeal conflicting laws; and for other purposes. HB 991. By Representatives Maddox of the 127th, Baker of the 78th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to change provisions relating to how vacancies are filled; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 997. By Representatives Pak of the 102nd, Atwood of the 179th, Tankersley of the 158th, Hightower of the 68th, Cooke of the 18th 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 provide for the new crime of false lien statements against public officers or public employees; to provide for definitions; to provide for penalties; to provide a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1024. By Representatives Rice of the 51st and Harrell of the 106th: A BILL to be entitled an Act to amend an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, so as to revise and change the population and census application; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1026. By Representatives Sheldon of the 105th, Rice of the 51st and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law 1320 JOURNAL OF THE SENATE enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, so as to change the provisions relative to population brackets and the census regarding the exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1049. By Representative Willard of the 49th: 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 change its applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to provide for notices of delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1056. By Representatives Battles of the 15th, Ehrhart of the 36th, Hanner of the 148th, Amerson of the 9th, Williams of the 165th and others: A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to clarify the application of ad valorem taxation provisions consistent with the federal provisions in the Service Members Civil Relief Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1065. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits sold by the package or disposed of by wholesale dealers; to provide for electronic record keeping; to declare certain distilled spirits to be contraband; to change certain provisions relating to authorization of the levy of tax on the sale of distilled spirits by the package and imposition of tax by both counties and municipalities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 7, 2012 1321 HB 1069. By Representatives Weldon of the 3rd, Harden of the 147th, Holt of the 112th, Dollar of the 45th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1097. By Representative Battles of the 15th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Emerson; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes. HB 1117. By Representatives Clark of the 104th, Clark of the 98th, Thomas of the 100th, Dickerson of the 95th, Pak of the 102nd and others: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to change certain provisions relating to population brackets and the census; 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 1166. By Representatives Atwood of the 179th, Smith of the 131st, Meadows of the 5th, Maxwell of the 17th, Williams of the 113th 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 individual health insurance coverage to children through child-only health plans; to provide for legislative intent; to establish a mandatory, uniform open enrollment period; to provide for definitions; to provide for guaranteedissue coverage regardless of health status; to provide for special enrollment periods for loss of coverage because of a qualifying event; to provide for a list of qualifying events; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1171. By Representatives Randall of the 138th, Epps of the 140th, Dickey of the 136th, Beverly of the 139th, Holmes of the 125th and others: A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1172. By Representatives Epps of the 128th and James of the 135th: A BILL to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4813), so as to provide for election districts to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1177. By Representatives Ehrhart of the 36th, Wilkerson of the 33rd, Evans of the 40th, Johnson of the 37th, Dollar of the 45th and others: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as WEDNESDAY, MARCH 7, 2012 1323 HB 1183. HB 1184. HB 1185. HB 1187. amended, so as to provide for the collection of law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act relating to the Montgomery County Board of Education, approved March 21, 1979 (Ga. L. 1979, p. 3151), as amended, so as to change the description of the education districts; to provide for the manner of election; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Horne of the 71st: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), so as to change the terms and dates of election of the mayor and aldermen; to provide for a referendum; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. By Representative Pruett of the 144th: A BILL to be entitled an Act to provide a new charter for the City of Cochran; 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 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. By Representatives Braddock of the 19th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to create the position of city manager and define the powers and duties of said position; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1324 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 977. By Representatives Golick of the 34th, Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Ramsey of the 72nd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for dedication of certain existing fees and assessments for the purpose of funding legal services for indigent persons accused of crimes and delinquent acts; to provide that such funds shall not be subject to lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. HR 1177. By Representatives Williams of the 113th and Channell of the 116th: A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 514. By Senator Rogers of the 21st: A BILL to be entitled an Act to provide a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax 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. WEDNESDAY, MARCH 7, 2012 1325 SB 515. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a date of expiration of office for terms of councilmembers and the mayor; to provide for taking of office and swearing in of newly elected or reelected councilmembers and mayors; to provide for meetings for the establishment of council business; to provide for the administration of the oath of office; to provide for a quorum and presiding officers at meetings; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 516. By Senator Carter of the 1st: A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Magistrate Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4222), so as to provide for the collection of additional costs as law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 517. By Senators Jackson of the 2nd, James of the 35th, Orrock of the 36th, Tate of the 38th and Paris of the 26th: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide that the act of a mother breast-feeding her child shall not be considered lewd, lascivious, indecent, or unlawful conduct; to provide that no person or entity shall cause a breast-feeding mother to leave a place because of such activity; to provide a penalty; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SB 518. By Senators Jones of the 10th, Butler of the 55th, Henson of the 41st, Carter of the 42nd, Millar of the 40th and others: A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers 1326 JOURNAL OF THE SENATE constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of commissioner districts; to provide for definitions and inclusions; to provide for election and terms of office of subsequent members; to revise provisions relating to amending the Act; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 519. By Senator Williams of the 19th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5085), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 520. By Senators McKoon of the 29th and Crane of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Troup 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's ability to perform certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 7, 2012 1327 SR 1104. By Senators Hill of the 32nd, Loudermilk of the 52nd, Crane of the 28th, McKoon of the 29th and Rogers of the 21st: A RESOLUTION urging state and local officers and employees and members of the Georgia National Guard and State Defense Force not to assist or cooperate with the armed forces of the United States; 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 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 334. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 397. By Representatives Powell of the 171st, Bearden of the 68th, Powell of the 29th, Greene of the 149th, Baker of the 78th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to comprehensively revise the provisions of law regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 1328 JOURNAL OF THE SENATE HB 535. By Representatives Oliver of the 83rd, Yates of the 73rd, England of the 108th, Houston of the 170th and Heard of the 114th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to authorize the Veterans Service Board to establish a fee for residency in a facility of the Georgia State War Veterans' Home; to provide for a waiver of fees based on economic need; to provide for rules and regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 648. By Representatives Golick of the 34th, Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Title 15 and Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to courts and legal defense for indigents, respectively, so as to change certain provisions so that certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts; to change provisions relating to the budget of the council; to provide a contingent effective date; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 732. By Representatives McBrayer of the 153rd, Yates of the 73rd, Collins of the 27th, Rice of the 51st, Setzler of the 35th and others: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; 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 743. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public WEDNESDAY, MARCH 7, 2012 1329 transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 745. By Representatives Welch of the 110th, Ramsey of the 72nd, Cooper of the 41st, Manning of the 32nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 808. By Representatives Yates of the 73rd, Collins of the 27th, Black of the 174th, Holcomb of the 82nd, Hatchett of the 143rd and others: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for an exclusion applicable to certain income of certain disabled veterans; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 825. By Representatives Nix of the 69th, Ashe of the 56th, Coleman of the 97th and Kaiser of the 59th: A BILL to be entitled an Act to amend Code Section 20-2-751.7 of the Official Code of Georgia Annotated, relating to the process for students to follow in reporting instances of alleged inappropriate behavior by teachers, so as to eliminate a time frame relative to hearings before administrative law judges; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. 1330 JOURNAL OF THE SENATE HB 846. By Representatives Knight of the 126th and Peake of the 137th: 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 various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter rulings; to define the term "ruling"; to substantially modernize the provisions governing the commissioner's levy and sale of personal property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all purposes; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 871. By Representatives Battles of the 15th, Coomer of the 14th, Meadows of the 5th and Powell of the 171st: A BILL to be entitled an Act to amend Code Section 15-21-179 of the Official Code of Georgia Annotated, relating to the additional penalty for violations of traffic laws or ordinances to be assessed for driver education purposes, so as to extend the expiration date of the Code section; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 896. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 897. By Representatives Harden of the 28th, England of the 108th, Coomer of the 14th, Neal of the 1st, Powell of the 29th and others: 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 extensively revise WEDNESDAY, MARCH 7, 2012 1331 the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 899. By Representatives Brockway of the 101st, Hamilton of the 23rd, Williamson of the 111th, Powell of the 29th, Morgan of the 39th 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 dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Ethics Committee. HB 916. By Representatives Knight of the 126th, England of the 108th, McCall of the 30th, Roberts of the 154th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 928. By Representatives Riley of the 50th, Greene of the 149th, Maddox of the 172nd, Wilkerson of the 33rd, Anderson of the 117th and others: 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 the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. 1332 JOURNAL OF THE SENATE HB 931. By Representatives Shaw of the 176th, Meadows of the 5th, Jasperse of the 12th, Smith of the 131st, Maxwell of the 17th 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 update this state's domestic farmers' mutual fire insurance companies provisions; to provide that the companies are organized for the purpose of insuring property; to provide for minimum surplus requirements for the issuance of a certificate of authority; to provide that certain changes to a plan of operation require filing and approval by the Commissioner; to provide for bylaw amendment at least 30 days prior to adoption; to provide for minimum surplus requirements; to provide for limitations on amount that may be retained on any subject of insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 934. By Representatives Parsons of the 42nd, Williams of the 4th, Horne of the 71st and Baker of the 78th: A BILL to be entitled an Act to amend Code Section 50-37-3 of the Official Code of Georgia Annotated, relating to state agencies entering into guaranteed energy savings performance contracts, so as to change certain provisions relating to the process of implementing guaranteed energy savings performance contracts for governmental units; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 945. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the issuance of non-cash valued shares by a bank or trust company with approval from the Department of Banking and Finance; to provide for the issuance of dividends from sources other than retained earnings with prior approval from the department; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. WEDNESDAY, MARCH 7, 2012 1333 HB 972. By Representatives Weldon of the 3rd, Lane of the 167th, Dollar of the 45th, Benton of the 31st, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to amend Article 2 of Chapter 16 of Title 45 of the O.C.G.A., relating to death investigations by coroners, so as to require coroners to report to the board when a death may be the result of medication administered or prescribed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 986. By Representatives Hembree of the 67th, Smith of the 131st, Maxwell of the 17th, Meadows of the 5th and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that in the event of a dispute or complaint arising involving material not in English, the English version of the material shall control the resolution of the dispute or complaint; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 987. By Representatives Riley of the 50th and Maxwell of the 17th: A BILL to be entitled an Act to amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member of the fund who ceases to be employed as a peace officer shall have a duty to so notify the retirement fund immediately; to provide for a cessation of membership; to repeal conflicting laws; and for other purposes. Referred to the Retirement Committee. HB 991. By Representatives Maddox of the 127th, Baker of the 78th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative 1334 JOURNAL OF THE SENATE to sheriffs, so as to change provisions relating to how vacancies are filled; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Public Safety Committee. HB 997. By Representatives Pak of the 102nd, Atwood of the 179th, Tankersley of the 158th, Hightower of the 68th, Cooke of the 18th 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 provide for the new crime of false lien statements against public officers or public employees; to provide for definitions; to provide for penalties; to provide a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1024. By Representatives Rice of the 51st and Harrell of the 106th: A BILL to be entitled an Act to amend an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, so as to revise and change the population and census application; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1026. By Representatives Sheldon of the 105th, Rice of the 51st and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, so as to change the provisions relative to population brackets and the census regarding the exception to such Code section; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 1049. By Representative Willard of the 49th: 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 WEDNESDAY, MARCH 7, 2012 1335 Telephone Number 9-1-1 Service Act of 1977," so as to change its applicability and requirements; to change certain definitions; to correct certain crossreferences; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to provide for notices of delinquency to be sent by the director 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 1056. By Representatives Battles of the 15th, Ehrhart of the 36th, Hanner of the 148th, Amerson of the 9th, Williams of the 165th and others: A BILL to be entitled an Act to amend Part 2 of Article 10 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of motor vehicles, so as to clarify the application of ad valorem taxation provisions consistent with the federal provisions in the Service Members Civil Relief Act; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1065. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to tax payment and reporting by licensees; to provide a date by which taxes must be paid for distilled spirits sold by the package or disposed of by wholesale dealers; to provide for electronic record keeping; to declare certain distilled spirits to be contraband; to change certain provisions relating to authorization of the levy of tax on the sale of distilled spirits by the package and imposition of tax by both counties and municipalities; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1069. By Representatives Weldon of the 3rd, Harden of the 147th, Holt of the 112th, Dollar of the 45th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to general provisions regarding pharmacists and pharmacies, so as to revise the definition of "security paper"; 1336 JOURNAL OF THE SENATE 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 1097. By Representative Battles of the 15th: A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Emerson; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. HB 1117. By Representatives Clark of the 104th, Clark of the 98th, Thomas of the 100th, Dickerson of the 95th, Pak of the 102nd and others: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to change certain provisions relating to population brackets and the census; 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. WEDNESDAY, MARCH 7, 2012 1337 HB 1166. By Representatives Atwood of the 179th, Smith of the 131st, Meadows of the 5th, Maxwell of the 17th, Williams of the 113th 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 individual health insurance coverage to children through child-only health plans; to provide for legislative intent; to establish a mandatory, uniform open enrollment period; to provide for definitions; to provide for guaranteed-issue coverage regardless of health status; to provide for special enrollment periods for loss of coverage because of a qualifying event; to provide for a list of qualifying events; 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 1171. By Representatives Randall of the 138th, Epps of the 140th, Dickey of the 136th, Beverly of the 139th, Holmes of the 125th and others: A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name MaconBibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; 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 1172. By Representatives Epps of the 128th and James of the 135th: A BILL to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4813), so as to provide for election districts to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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. 1338 JOURNAL OF THE SENATE HB 1177. By Representatives Ehrhart of the 36th, Wilkerson of the 33rd, Evans of the 40th, Johnson of the 37th, Dollar of the 45th and others: A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as amended, so as to provide for the collection of law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1183. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act relating to the Montgomery County Board of Education, approved March 21, 1979 (Ga. L. 1979, p. 3151), as amended, so as to change the description of the education districts; to provide for the manner of election; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1184. By Representative Horne of the 71st: A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), so as to change the terms and dates of election of the mayor and aldermen; to provide for a referendum; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1185. By Representative Pruett of the 144th: A BILL to be entitled an Act to provide a new charter for the City of Cochran; 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 WEDNESDAY, MARCH 7, 2012 1339 members of such governing authority; 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. Referred to the State and Local Governmental Operations Committee. HB 1187. By Representatives Braddock of the 19th and Maxwell of the 17th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to create the position of city manager and define the powers and duties of said position; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HR 977. By Representatives Golick of the 34th, Willard of the 49th, Lindsey of the 54th, Abrams of the 84th, Ramsey of the 72nd and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for dedication of certain existing fees and assessments for the purpose of funding legal services for indigent persons accused of crimes and delinquent acts; to provide that such funds shall not be subject to lapse; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Appropriations Committee. HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Referred to the Finance Committee. 1340 JOURNAL OF THE SENATE HR 1177. By Representatives Williams of the 113th and Channell of the 116th: A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; and for other purposes. Referred to the Transportation Committee. The following committee reports were read by the Secretary: Mr. President: The Agriculture and Consumer Affairs Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 409 Do Pass SR 1061 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: HB 772 HB 957 HB 1005 HB 1095 HB 1098 HB 1106 HB 1108 HB 1111 HB 1126 HB 1144 HB 1158 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 773 HB 1004 HB 1022 HB 1096 HB 1099 HB 1107 HB 1109 HB 1112 HB 1127 HB 1145 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman WEDNESDAY, MARCH 7, 2012 The following legislation was read the second time: SB 345 1341 Senator Tolleson of the 20th was excused for business outside the Senate Chamber. Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Rogers Shafer Sims Staton Stone Stoner Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Bulloch Tate Ramsey Thompson, S. (Excused) Seay Tolleson (Excused) Senator Tate was off the floor of the Senate when the roll was called and wished to be recorded as present. Senator Hill of the 4th introduced the doctor of the day, Dr. W. Scott Bohlke. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. 1342 JOURNAL OF THE SENATE Senator James of the 35th introduced the chaplain of the day, Bishop Paul Morton of Atlanta, Georgia, who offered scripture reading and prayer. Senator Fort of the 39th asked unanimous consent to move Points of Personal Privilege to the next order of business. Senator Staton of the 18th objected. SENATE CONVENES AT 10:00 A.M. CONSENT CALENDAR EXPRESSING THE WILL OF THE SENATE WEDNESDAY, MARCH 7, 2012 THIRTIETH LEGISLATIVE DAY SR 673 U.S. Congress; making renewed application to call for a convention; proposing an amendment to the Constitution of the United States (GvtO-46th) SR 766 U.S. Congress; urged to adopt/submit to states a balanced budget amendment to U.S. Constitution and balance current budget (Substitute) (GvtO-32nd) SR 848 Congress; urge to prohibit Environmental Protection Agency from further regulating greenhouse gas emissions; without comprehensive economic and environmental study (Substitute) (NR&E-20th) Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The President asked unanimous consent that the resolutions on the Consent Calendar Expressing the Will of the Senate be adopted. Senator Henson of the 41st objected. The resolutions were placed at the foot of the Rules Calendar for today. The following resolutions were read and adopted: SR 1102. By Senator Rogers of the 21st: A RESOLUTION commending Georgia's cooperatives and recognizing 2012 as the International Year of Cooperatives; and for other purposes. WEDNESDAY, MARCH 7, 2012 1343 SR 1103. By Senators Miller of the 49th, Gooch of the 51st, Ginn of the 47th and Mullis of the 53rd: A RESOLUTION recognizing and commending Gainesville High School Key Club; and for other purposes. SR 1105. By Senator Grant of the 25th: A RESOLUTION recognizing and commending the Baldwin County Mayor's Commission on Youth Leadership and the High Achievers Program; and for other purposes. SR 1106. By Senators Paris of the 26th, Davenport of the 44th, Tate of the 38th, Butler of the 55th, Henson of the 41st and others: A RESOLUTION recognizing and commending Georgia Women of Achievement and 2012 honoree Sarah Randolph Bailey; and for other purposes. SR 1107. By Senator Balfour of the 9th: A RESOLUTION recognizing and commending Ms. Evonne Yancey on the occasion of her retirement; and for other purposes. SR 1108. By Senator Gooch of the 51st: A RESOLUTION commending Mr. David Dyer, Fannin County High School's 2012 STAR Teacher; and for other purposes. SR 1109. By Senator Hamrick of the 30th: A RESOLUTION recognizing March 7, 2012, as Youth Villages Georgia Day at the state capitol; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 7, 2012 Thirtieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 1344 HB 772 HB 773 HB 957 JOURNAL OF THE SENATE Jeffares of the 17th NEWTON COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners of Newton County, approved April 6, 1967 (Ga. L. 1967, p. 2784), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4004), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Jeffares of the 17th NEWTON COUNTY A BILL to be entitled an Act to amend an Act relating to the Board of Education of Newton County, approved March 31, 1967 (Ga. L. 1967, p. 2405), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3778), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Jeffares of the 17th SOCIAL CIRCLE A BILL to be entitled an Act to amend an Act to continue the charter for the Academy of Social Circle and to create a body politic known as the School District of Social Circle, approved April 29, 1997 (Ga. L. 1997, p. 4557), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of the current members of the board of education; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1004 HB 1005 HB 1022 WEDNESDAY, MARCH 7, 2012 1345 Goggans of the 7th COUNTY OF COFFEE A BILL to be entitled an Act to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. SUBSTITUTE Goggans of the 7th COUNTY OF COFFEE A BILL to be entitled an Act to amend an Act establishing a Board of Education of Coffee County, approved March 10, 1970 (Ga. L. 1970, p. 2441), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3672), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 755), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Golden of the 8th LOWNDES COUNTY A BILL to be entitled an Act to amend an Act to amend and supersede the laws pertaining to the governing authority of Lowndes County, approved March 15, 2011 (Ga. L. 2011, p. 3508), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for related matters; to provide for submission of this Act for approval under Section 5 of the federal 1346 HB 1095 HB 1096 HB 1098 JOURNAL OF THE SENATE Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Golden of the 8th BROOKS COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Brooks County, approved August 11, 1881 (Ga. L. 1880 - 1881, p. 518), as amended, particularly by an Act approved March 1, 1984 (Ga. L. 1984, p. 3680), so as to provide for new commissioner districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. Golden of the 8th BROOKS COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for reapportionment of the board of education of Brooks County," approved March 5, 1984 (Ga. L. 1984, p. 3717), so as to provide for new education districts; to provide for definitions; to provide for inclusions; to provide for a continuation in office; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for effective dates; to repeal conflicting laws; and for other purposes. Goggans of the 7th BERRIEN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Roads and Revenues of Berrien County, approved February 28, 1887 (Ga. L. 1886-87, p. 664), as amended, so as to provide for new commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1099 HB 1106 HB 1107 WEDNESDAY, MARCH 7, 2012 1347 Goggans of the 7th BERRIEN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Education of Berrien County, approved April 5, 1971 (Ga. L. 1971, p. 3044), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4441), so as to change the description of the districts from which members of such board are elected; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. McKoon of the 29th MERIWETHER COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Meriwether County, approved December 14, 1871 (Ga. L. 1871 - 1872, p. 230), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4805), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. McKoon of the 29th MERIWETHER COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Meriwether County Board of Education," approved March 28, 1985 (Ga. L. 1985, p. 4611), as amended, particularly by an Act approved April 5, 1993 (Ga. L. 1993, p. 4795), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. 1348 HB 1108 HB 1109 HB 1111 JOURNAL OF THE SENATE Chance of the 16th Staton of the 18th MONROE COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to reconstitute the Board of Education of Monroe County, Georgia," approved February 25, 1993 (Ga. L. 1993, p. 3857), as amended, so as to change the description of the districts from which members of such board are elected; to define certain terms; to provide for the submission of this Act for approval pursuant to Section 5 of the federal Voting Rights Act of 1965; to provide effective dates; to repeal conflicting laws; and for other purposes. Chance of the 16th Staton of the 18th MONROE COUNTY A BILL to be entitled an Act to amend an Act to create a board of commissioners of roads and revenues for the county of Monroe, approved August 19, 1907 (Ga. L. 1907, p. 318), as amended, so as to change the description of the districts from which members of the commission are elected; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Goggans of the 7th ATKINSON COUNTY A BILL to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Atkinson (now the Board of Commissioners of Atkinson County), approved July 23, 1931 (Ga. L. 1931, p. 380), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3791), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1112 HB 1126 HB 1127 WEDNESDAY, MARCH 7, 2012 1349 Goggans of the 7th ATKINSON COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Atkinson County, approved April 5, 1993 (Ga. L. 1993, p. 4771), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3797), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Bulloch of the 11th Sims of the 12th MITCHELL COUNTY A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Mitchell County, approved February 20, 1873 (Ga. L. 1873, p. 279), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3676), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Bulloch of the 11th Sims of the 12th MITCHELL COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Mitchell County, approved March 4, 1970 (Ga. L. 1970, p. 2239), as amended, particularly by an Act approved April 1, 2002 (Ga. L. 2002, p. 3667), so as to change the education districts; to provide for definitions and inclusions; to provide for the continuation in office for current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 1350 HB 1144 HB 1145 HB 1158 JOURNAL OF THE SENATE Chance of the 16th LAMAR COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Lamar County Board of Education, approved March 30, 1971 (Ga. L. 1971, p. 2710), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 763), so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Chance of the 16th LAMAR COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lamar County, approved March 8, 1943 (Ga. L. 1943, p. 1066), as amended, particularly by an Act approved July 26, 2001 (Ga. L. 2001, Ex. Sess., p. 770), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Crosby of the 13th BEN HILL COUNTY A BILL to be entitled an Act to amend an Act providing for the composition of the Board of Education of Ben Hill County, approved March 22, 1990 (Ga. L. 1990, p. 4435), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5169), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for terms of office and manner of election; to provide for the submission of this Act for preclearance WEDNESDAY, MARCH 7, 2012 1351 pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 1004: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1004: A BILL TO BE ENTITLED AN ACT To amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), is amended by striking Sections 1 and 2 and inserting in lieu thereof the following: "SECTION 1. The Board of Commissioners of Coffee County which existed on December 31, 2011, is continued in existence but on and after the effective date of this Act, shall be constituted as provided in this Act. The Board of Commissioners of Coffee County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2012. 1352 JOURNAL OF THE SENATE SECTION 2. (a) Those members of the Board of Commissioners of Coffee County who are serving as such on December 31, 2011, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Coffee County shall consist of five members all of whom shall be elected from commissioner districts described in subsection (b) of this section. (b) For purposes of electing members of the board of commissioners, Coffee County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: coffeeccsb-2012 Plan Type: local Administrator: coffee User: bak'. (c) When used in such attachment, the terms 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Coffee County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Coffee County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia." SECTION 2. The Board of Commissioners of Coffee County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. WEDNESDAY, MARCH 7, 2012 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: coffeeccsb-2012 Plan Type: local Administrator: coffee User: bak District 001 Coffee County VTD: 0691 - DOUGLAS 010400: 1061 1063 1065 1066 1067 2004 2007 2008 2009 2010 2011 2017 2018 2022 2023 2028 2029 2034 2035 2036 2037 2038 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3019 3023 3024 3036 3037 010500: 2000 2007 2013 2014 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 010700: 1012 1013 1016 1017 1027 1031 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1049 1065 1066 1067 1070 1071 1077 1082 1083 2000 2002 2003 2026 2027 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 010801: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2040 2041 2042 2043 2044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 010802: 1037 1038 1039 1040 1042 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2022 2024 2025 2048 3000 3001 3002 3003 3004 3005 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 1353 1354 JOURNAL OF THE SENATE District 002 Coffee County VTD: 0691 - DOUGLAS 010200: 1040 1055 1056 1057 1058 1059 1060 1096 1097 1098 1099 1101 1105 1106 1107 1108 1109 1110 1114 1116 1129 1158 1159 1160 1161 1162 1163 1164 1165 1166 1169 1173 010300: 1193 010801: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 010802: 2000 2001 2026 2027 2028 2029 2030 2031 2032 2033 2034 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2051 VTD: 0695 - NICHOLLS 010200: 1088 1089 1090 1104 1167 1168 1189 1192 2154 010300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1141 1142 1143 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1192 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1248 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 WEDNESDAY, MARCH 7, 2012 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 010802: 2035 VTD: 0696 - WEST GREEN 010200: 1000 1001 1037 1038 1039 1041 1042 1043 1044 1045 1046 1047 1054 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1091 1092 1093 1094 1095 1100 1102 1103 1185 1190 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2151 2152 2153 2155 2156 2157 District 003 Coffee County VTD: 0691 - DOUGLAS 010500: 1087 1088 1090 3011 3012 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3068 3069 3070 3073 3074 3075 3076 3077 3078 3079 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3091 3092 3094 010600: 1355 1356 JOURNAL OF THE SENATE 1000 1001 1002 1055 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1136 1137 1138 1140 3083 3084 3086 3088 3089 010700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 1018 1019 1020 1021 1022 1023 1024 1025 1026 1028 1029 1030 1032 1033 1034 1045 1046 1047 1048 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1068 1069 1072 1073 1074 1075 1076 1078 1079 1080 1081 2001 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 010801: 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1034 1035 1071 1091 2031 2032 2033 2034 2035 2036 2037 2038 2039 010802: 2018 2019 2020 2021 2023 2049 2050 District 004 Coffee County VTD: 0691 - DOUGLAS 010100: 2100 2101 010200: 1111 1112 1113 1115 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1170 1171 1172 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1186 1187 1188 1191 010300: 1135 1139 1247 010400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 WEDNESDAY, MARCH 7, 2012 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1062 1064 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 2000 2001 2002 2003 2005 2006 2012 2013 2014 2015 2016 2019 2020 2021 2024 2025 2026 2027 2030 2031 2032 2033 2039 3000 3001 3002 3003 3017 3018 3020 3021 3022 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 010500: 1000 1001 1002 1003 1004 1005 1010 1011 1014 1015 1016 1020 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1089 1091 1092 1093 1094 1096 1097 1098 2001 2002 2003 2004 2005 2006 2008 2009 2010 2011 2012 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3059 3060 3061 3062 3064 3065 3066 3067 3071 3072 010802: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1041 1043 1044 1045 1046 1047 1048 1049 2002 2003 2004 2005 2036 3006 3007 3008 VTD: 0694 - BROXTON 010100: 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3078 3080 3081 3082 3083 3084 3085 3086 3087 3088 3089 3090 3093 3094 3095 3096 3101 3102 3103 3104 VTD: 0695 - NICHOLLS 010300: 1134 1136 1137 1138 1140 1144 1145 1146 1147 1191 District 005 Coffee County VTD: 0691 - DOUGLAS 1357 1358 JOURNAL OF THE SENATE 010100: 3047 3048 010500: 1006 1007 1008 1009 1012 1013 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1095 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3013 3014 3015 3016 3029 3030 3063 3093 010600: 2141 2144 2145 2146 2147 3009 3010 3011 3012 3085 3118 VTD: 0692 - AMBROSE VTD: 0693 - BRIDGETOWN VTD: 0694 - BROXTON 010100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2102 2103 2104 2105 2106 2107 2108 3000 3001 3002 3003 3004 3017 3018 3019 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3079 3091 3092 3097 3098 3099 3100 010200: 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1117 1118 1193 2033 2034 2035 2036 2037 VTD: 0696 - WEST GREEN 010200: 1002 1003 1004 1032 1033 1034 1035 1036 1048 1049 1050 1051 1052 1053 2029 2030 2032 2038 2039 2040 WEDNESDAY, MARCH 7, 2012 1359 On the adoption of the substitute, the yeas were 47, nays 1, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 47, nays 1. The bills on the Local Consent Calendar, except HB 1004, having received the requisite constitutional majority, were passed. HB 1004, having received the requisite constitutional majority, was passed by substitute. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. Senator Crane of the 28th moved to engross SB 438, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. 1360 JOURNAL OF THE SENATE On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34, nays 19; the motion prevailed, and SB 438 was engrossed. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, MARCH 7, 2012 THIRTIETH LEGISLATIVE DAY SB 473 License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services (Substitute) (VM&HS-15th) SB 356 Superior Courts; provide additional judge of the Bell-Forsyth Judicial Circuit; initial appointment; election and term of office (Substitute) (JUDY-27th) SB 364 Educational Programs; use of standards base grading in grades 4 through 12; prohibit (Substitute) (ED&Y-3rd) SB 368 Nurses; provide for continuing competency requirements; renewal of licenses (Substitute) (H&HS-1st) SB 380 SB 411 SB 312 SB 459 SB 460 SB 350 SB 493 SB 432 SB 471 SB 489 SB 492 SB 506 SR 843 WEDNESDAY, MARCH 7, 2012 1361 Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions (Substitute) (H&HS-1st) Georgia Sheriffs' Cooperative Authority; create (Substitute) (PUB SAF-25th) Public Assistance; applicants for food stamps and temporary assistance; require personal growth activities (Substitute) (H&HS-3rd) Electric Utilities; consumers may elect not to use smart meters; Public Service Commission may create/regulate a surcharge for consumers who elect not to use smart meters (RI&U-48th) Insurance; provide a religious exception; requirement that every health benefit policy provide coverage for contraceptives (I&L-29th) Crimes and Offenses; disposition of firearms used in burglaries or armed robberies (Substitute) (JUDY-9th) Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances (JUDY-52nd) Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale/possession of knife than general law (Substitute) (JUDY-31st) Insurance; authorize Insurance Commissioner to establish coalition of other states; alternative policy approval process for comprehensive major medical policies (I&L-32nd) Georgia Trauma Care Network Commission; report annually; House/Senate Committees on Health and Human Services; outcomes (H&HS-53rd) State Purchasing; require state contracts awards for heavy equipment follow certain specific procedures (Substitute) (TRANS-53rd) State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Ga medical facilities (GvtO-53rd) Bert Ward Memorial Bridge; Catoosa County; dedicate (Substitute) (TRANS-53rd) 1362 SR 873 SB 501 SB 379 SB 468 SB 438 SB 508 SB 292 SB 469 SB 87 SB 299 SB 348 SB 406 SB 465 JOURNAL OF THE SENATE Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties (Substitute) (SI&P-51st) Education; repeal article relating to Georgia Charter Schools Commission; establish Georgia Charter Schools Advisory Commission; membership (ED&Y-5th) Pawnbrokers; provide limitations regarding certain fees or taxes; transactions (Committee amend AM 37 0158) (ECD-16th) Rules of the Road; bicycles; single file on roadways not specially designated for the use of bicycles (Substitute) (TRANS-49th) State Employees' Health Insurance Plan; provide that no health insurance plan for employees of the state shall offer coverage for abortion services (Substitute) (I&L-28th) Local Government; public advertisements; provide for certain requirements (Substitute) (GvtO-32nd) Social Responsibility and Accountability Act; enact; drug test; temporary assistance for needy families/Medicaid benefits; requirements (Substitute) (H&HS-56th) Labor; provide provisions prohibiting mass picketing shall apply to certain private residences (Substitute) (I&L-9th) Education; rename to Georgia Educational Freedom Act; expand eligibility for the program; revise requirements relating to qualifications for scholarship (Substitute) (ED&Y-21st) Uniform Fraudulent Transfers Act; define certain terms; provide charitable contribution made to a charitable contribution; good faith (Substitute) (JUDY-22nd) Civil Practice; personal service of a summons on a corporation; provisions (Substitute) (S JUDY-10th) 'Jace Hester Law'; emergency closure of an early care and education program upon death of a minor (ED&Y-12th) Crimes and Offenses; increase the punishment for aggravated assault upon a nurse while engaged in his or her official duties (S JUDY-5th) WEDNESDAY, MARCH 7, 2012 1363 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 473. By Senators Harbison of the 15th, Jeffares of the 17th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to amend Code Section 48-5-478.2 of the Official Code of Georgia Annotated, relating to veterans awarded Purple Heart exempt from ad valorem taxes provided license plate issued under Code Section 40-2-84, so as to provide for a refund of ad valorem taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Veterans, Military and Homeland Security Committee offered the following substitute to SB 473: A BILL TO BE ENTITLED AN ACT To amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; 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 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, is amended by revising subsection (a) as follows: "(a)(1) Motor vehicle or motorcycle owners who are veterans of the armed forces of the United States who have been awarded the Purple Heart citation shall be eligible to receive a special and distinctive vehicle license plate for a private passenger car, motorcycle, or truck used for personal transportation, provided that the requisite number of applications are is received by the commissioner as provided in subsection (b) of this Code section. Such license plate shall be issued in compliance with the state motor vehicle laws relating to registration and licensing of motor vehicles as prescribed in Article 2 of this chapter. 1364 JOURNAL OF THE SENATE (2) For purposes of this Code section, the term 'veteran' shall include a member of the armed forces or reserves who is still serving on active duty after being awarded the Purple Heart citation." SECTION 2. This Act shall become effective on July 1, 2012. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 54, nays 0. SB 473, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 7, 2012 1365 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 1188. By Representative Spencer of the 180th: A BILL to be entitled an Act to create the Oak Grove Cemetery Authority; to provide for its purposes, funding, responsibilities, jurisdiction, membership, meetings, records, filling of vacancies, powers and duties, and application of conflicts of interest and ethics provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1191. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to authorize the governing authority of the City of Lavonia 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 1193. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act entitled "Monroe County Public Facilities Authority Act," approved May 14, 2008 (Ga. L. 2008, p. 4432), so as to repeal certain provisions limiting such authority's authority to issue revenue bonds to four years; to repeal conflicting laws; and for other purposes. HB 1195. By Representative Reece of the 11th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), so as to revise the compensation of the commissioner of Chattooga County; to provide for related matters; to repeal conflicting laws; and for other purposes. 1366 JOURNAL OF THE SENATE HB 1196. By Representatives Randall of the 138th, Peake of the 137th, Holmes of the 125th, Beverly of the 139th, Dickey of the 136th and others: A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), so as to change the description of the electoral districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1202. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Scott of the 76th, Heckstall of the 62nd, Waites of the 60th and others: A BILL to be entitled an Act to amend an Act creating the Clayton County board of commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 356. By Senators Murphy of the 27th, Cowsert of the 46th, Hamrick of the 30th, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Bell-Forsyth Judicial Circuit; to provide for the initial appointment of such judge by the Governor; to provide for the election and term of office of such judge; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 356: WEDNESDAY, MARCH 7, 2012 1367 A BILL TO BE ENTITLED AN ACT To amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the courts of the Bell-Forsyth and Middle judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and terms of office of such judges; to provide for the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising the judicial circuits; to provide for jurors; to authorize the judges of the circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuits; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of superior court judges for each judicial circuit, is amended by revising paragraphs (5.1) and (24) as follows: "(5.1) Bell-Forsyth Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3" "(24) Middle Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3" PART II SECTION 2-1. A new judge of the superior court is added to the Bell-Forsyth Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 2-2. The additional judge of the superior court of the Bell-Forsyth Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2013, and expiring December 31, 2014, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2014, for a term of four years beginning on January 1, 2015, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. 1368 JOURNAL OF THE SENATE SECTION 2-3. The additional judge of the superior court of the Bell-Forsyth Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The chief judge of the Bell-Forsyth Judicial Circuit shall be the judge who has the most experience as a sitting judge of a superior court in the State of Georgia. The three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall equally share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement between the judges as to the operation of the superior court, the majority shall rule, or failing a majority, the decision of the chief judge shall control. SECTION 2-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges. The additional judge's compensation, salary, and expense allowance from the State of Georgia and from Forsyth County shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by Forsyth County of the salary of the judges of the superior court of the Bell-Forsyth Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 2-6. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior court of the Bell-Forsyth Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit. All writs and processes in the superior court of the Bell-Forsyth Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge. SECTION 2-7. The choosing of all jurors, whether grand or trial, may be by any of the judges of the superior court of said circuit; and any such judge of the superior court of said circuit shall have full power and authority to choose jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. WEDNESDAY, MARCH 7, 2012 1369 SECTION 2-8. The three judges of the superior court of the Bell-Forsyth Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Bell-Forsyth Judicial Circuit as the same is now fixed or may hereafter be fixed. The additional judge shall be authorized to employ other court personnel on the same basis as other judges of the Bell-Forsyth Judicial Circuit. SECTION 2-9. The governing authority of the county comprising the Bell-Forsyth Judicial Circuit is authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior court of the Bell-Forsyth Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior court is added to the Middle Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 3-2. The additional judge of the superior court of the Middle Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2013, and expiring December 31, 2014, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2014, for a term of four years beginning on January 1, 2015, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 3-3. The additional judge of the superior court of the Middle Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 3-4. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges, and his or her compensation, 1370 JOURNAL OF THE SENATE salary, and expense allowance from the State of Georgia and from the counties of such circuit shall be the same as that of the other judges of the superior court of the Middle Judicial Circuit. SECTION 3-5. All writs and processes in the superior court of the Middle Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said court shall be held in the same manner as though there were but one judge. SECTION 3-6. The three judges of the superior court of the Middle Judicial Circuit of Georgia in transacting the business of said court and in performing their duties and responsibilities shall share, divide, and allocate the work and duties to be performed by each. In the event of any disagreement between said judges as to the operation of the superior court, the decision of the senior judge in point of service, who shall be known as the chief judge, shall control. The judge with the longest period of time of service shall be the chief judge. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments. The three judges of the superior court of the Middle Judicial Circuit shall have full power, authority, and discretion to determine from time to time, and term to term, the manner of calling the dockets and fixing the calendars and the order of business in said court. They may assign the hearing of trials by jury for a term to one of said judges and the hearing of all other matters not requiring a trial by a jury to another judge, and they may alternate such order of business at the next term. They may conduct trials by jury at the same time in the same county or otherwise within said circuit, or they may all or any one of them hear chamber's business and motion business at the same time at any place within said circuit. They may provide in all respects for holding the superior court of said circuit so as to facilitate the hearing and determination of all the business of said court at any time pending and ready for trial or hearing. In all such matters relating to the manner of fixing, arranging for, and disposing of the business of said court, and making appointments as authorized by law where the judges cannot agree or differ, the opinion or order of the chief judge shall control. SECTION 3-7. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior court of the Middle Judicial Circuit may bear teste in the name of any judge of said Middle Judicial Circuit. When issued by and in the name of any judge of said circuit, they shall be fully valid and may be determined before any judge in the regular course of business of said court. Any judge of said court may preside over any cause therein and perform any official act as judge thereof. WEDNESDAY, MARCH 7, 2012 1371 SECTION 3-8. The choosing of all jurors, whether grand or trial, may be by any of the judges of the superior court of the circuit; and any such judge shall have full power and authority to choose jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. SECTION 3-9. The additional judge of the superior court of the Middle Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 3-10. The governing authority of each county comprising the Middle Judicial Circuit is hereby authorized to furnish the judges of the superior court of the Middle Judicial Circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary to the proper functioning of the court. All of the expenditures authorized by this Act are declared to be an expense of court and payable out of each county treasury as such. PART IV SECTION 4-1. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. SECTION 4-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2013. SECTION 4-3. 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: 1372 JOURNAL OF THE SENATE Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock N Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 2. SB 356, 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 1067. By Representatives Rogers of the 26th, Smith of the 131st and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to the limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 7, 2012 1373 HB 1115. By Representatives Dudgeon of the 24th, Parsons of the 42nd and Martin of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 14 and Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations and public utilities and public transportation, respectively, so as to revise and update certain provisions relating to telecommunications; to remove telegraph companies from the jurisdiction of the Public Service Commission; to eliminate certain provisions relating to telegraph service; to amend various other titles of the Official Code of Georgia Annotated, so as to revise cross-references for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1178. By Representatives Dickson of the 6th, England of the 108th and Coleman of the 97th: A BILL to be entitled an Act to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, so as to require a ten-year projection of costs for bills which would create a new program or funding category and which would have a significant impact upon anticipated revenues or expenditures of the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1198. By Representatives Meadows of the 5th, Houston of the 170th, Smith of the 131st, Hembree of the 67th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit grandparent visitation; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. 1374 JOURNAL OF THE SENATE SB 364. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Rogers of the 21st, Carter of the 1st, Williams of the 19th and others: 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 prohibit the use of standards based grading in grades four through 12; to provide for legislative findings; to provide for a definition; 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 364: 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 prohibit the use of standards based grading in grades four through 12; to provide for legislative findings; to provide for a definition; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds: (1) The weakness of the standards based grading system is its failure to differentiate among students who excel academically and those who merely meet minimal standards; (2) The assessment focus is on equal outcomes for all students, referred to as mastery of minimal standards, in which students can take as long as they need through the school year to meet standards without incurring grading penalties, and further, it removes grade averaging for all students, with a sole outcome based focus on meeting minimum standards; (3) Students who master a standard early in the academic year conclude the school year with the same assessment grade as a student who takes all year to master the standards, resulting in equalized outcomes that can reduce the individual incentive to excel; (4) This grading system penalizes students who excel academically, and in some cases, schools do not include an assessment scale that recognizes students who have mastered a standard above the proficient level; (5) This assessment system can place additional pressure on a teacher with a class of differentiated learners of all ability levels to disproportionately focus classroom time, attention, and resources on the students who have not meet the minimum proficiency levels, leaving little instructional attention for students who quickly master the standards; WEDNESDAY, MARCH 7, 2012 1375 (6) When used in higher grades, standards based grading is often accompanied by the elimination of academic honors programs, academic societies, and academic awards and recognitions, including class rankings and valedictorian designations; (7) This lack of academic recognition and grade point averages can inhibit the competitiveness of Georgia students in college admissions; (8) The assessment includes the use of unreliable subjective measures, including peer judgments of a student's work and other collaborative models; and (9) When used in higher grade levels, standards based grading can also create confusion and difficulty for Georgia students transferring into other school districts or states with traditional grading, as well as with standards-based grading that utilizes a different scale or that is based on another state's curriculum standards. SECTION 2. Part 3 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to educational programs, is amended by adding a new Code section to read as follows: "20-2-159.6. (a) As used in this Code section, the term 'standards based grading system' means a multilayered process of measuring student progress and performance solely based on a checklist of curriculum content and performance standards representing only student mastery of minimum learning outcomes. Such grading system typically includes the replacement of traditional report cards by an assessment that is typically based on either a three-point or four-point scale. Such grading system is also known under alternate names, including, but not limited to, 'nongraded integrated education model,' a '3-2-1 report card,' 'skills based grading,' a 'standards based achievement report,' 'formative assessment,' or 'assessment for learning.' (b) Local school systems shall not utilize a standards based grading system in grades four through 12. (c) The State Board of Education shall establish consistent measures for use in standards based reporting in grades one through three for the purpose of facilitating the transfer of students between local school systems in Georgia. (d) The State Board of Education shall not be authorized to waive the provisions of this Code section pursuant to Code Section 20-2-82, 20-2-244, or 20-2-2065. (e) This Code section shall be effective beginning in school year 2012-2013. (f) This Code section shall not apply to any local school system which has received a waiver on or before June 30, 2012, from the State Board of Education to utilize a standards based grading system." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. 1376 JOURNAL OF THE SENATE Senators Jones of the 10th and Jackson of the 2nd offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to SB 364 (LC 33 4643S) by inserting after "definition;" on line 4 "to amend Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE, so as to revise a definition;" By inserting between lines 60 and 61 the following: SECTION 2A. Code Section 20-3-519 of the Official Code of Georgia Annotated, relating to definitions relative to HOPE, is amended by revising subparagraphs (A) and (B) of paragraph (27) as follows: "(A) As an incoming freshman: (i) Having graduated from an eligible high school with a grade point average of at least 3.7 calculated in accordance with Code Section 20-2-157 and having received a score of at least 1,200 combined critical reading score and math score on a single administration of the SAT or an ACT composite scale score of at least 26 in the top 3 percent of their graduating class; (ii) Having graduated from an eligible high school as a valedictorian or salutatorian; or (iii)(ii) Having completed a home study program meeting the requirements of subsection (c) of Code Section 20-2-690, having received a score of at least 1,200 combined critical reading score and math score on a single administration of the SAT or an ACT composite scale score of at least 26, and earning a cumulative grade point average of at least 3.3 at an eligible postsecondary institution at the end of the quarter or semester in which the student has attempted 45 quarter hours or 30 semester hours, provided that such student shall be eligible to receive a retroactive scholarship for such student's freshman year to be paid at the end of the freshman year; and (B) As a sophomore, junior, senior, or first professional student who met the requirements of subparagraph (A) of this paragraph, having a cumulative grade point average of at least 3.3 at the checkpoints set forth in paragraph (1) of subsection (b) of Code Section 20-3-519.2. Notwithstanding the foregoing, a student that entered an eligible postsecondary institution as a freshman between July 1, 2007, and June 30, 2011, and met the requirements of subparagraph (A) of this paragraph may become a Zell Miller Scholar as a sophomore, junior, senior, or first professional student." Senator Staton of the 18th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Jones, Jackson of the 2nd amendment #1 to the committee substitute not germane. WEDNESDAY, MARCH 7, 2012 1377 Senators Carter of the 42nd, Henson of the 41st and Tate of the 38th offered the following amendment #2: Amend the Senate Education and Youth Committee substitute to SB 364 (LC 33 4643S) by inserting after "definition;" on line 4 the following: to amend Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, so as to eliminate the minimum grade point average requirement for maintaining eligibility for a HOPE grant; By inserting between lines 60 and 61 the following: SECTION 2A. Code Section 20-3-519.5 of the Official Code of Georgia Annotated, relating to eligibility requirements for HOPE grants, is amended by revising subsection (a) as follows: "(a) To be eligible for a HOPE grant, a student seeking a diploma or certificate at a branch of the Technical College System of Georgia or a unit of the University System of Georgia shall, in addition to meeting the residency requirements set forth in subsection (a) of Code Section 20-3-519.1:, (1) Meet achievement standards by earning a cumulative grade point average of at least 3.0 at the end of the quarter or semester in which the student has attended 30 or 60 semester hours or 45 or 90 quarter hours of courses towards a diploma or certificate for which the student received HOPE funds pursuant to this part. The grade point average shall be calculated using such 30 semester or 45 quarter hours taken pursuant to this subsection. An otherwise eligible student who attains or regains a cumulative grade point average of at least 3.0 at the end of a quarter or semester in which the student has attempted 30 or 60 semester hours or 45 or 90 quarter hours may qualify or requalify for a HOPE grant; provided, however, that a student who receives a HOPE grant and loses eligibility pursuant to this paragraph is only eligible to regain or requalify for the HOPE grant one time; and (2) Meet meet enrollment standards by being admitted, enrolled, and classified as an undergraduate student in a matriculated status in a program of study leading to a certificate or diploma and maintaining satisfactory academic progress in accordance with the standards and practices used for federal Title IV programs by the institution at which the student is enrolled." Senator Staton of the 18th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Carter of the 42nd, et al. amendment #2 to the committee substitute not germane. 1378 JOURNAL OF THE SENATE Senators Carter of the 42nd, Henson of the 41st and Tate of the 38th offered the following amendment #3: Amend the Senate Education and Youth Committee substitute to SB 364 (LC 33 4643S) by inserting after "definition;" on line 4 the following: to amend Code Section 20-3-519.1 of the Official Code of Georgia Annotated, relating to eligibility for HOPE scholarships and grants, so as to add a maximum annual household income requirement for purposes of eligibility; to provide for an annual determination; to exempt Zell Miller Scholars; to provide for applicability; By inserting between lines 60 and 61 the following: SECTION 2A. Code Section 20-3-519.1 of the Official Code of Georgia Annotated, relating to eligibility for HOPE scholarships and grants, is amended by adding a new subsection to read as follows: "(c)(1) Except as otherwise provided for in paragraph (4) of this subsection, a student whose family income exceeds the maximum annual household income level established annually by the Georgia Student Finance Commission shall not be eligible for a HOPE scholarship or grant. (2) In setting the maximum annual household income level, the commission shall take into consideration the amount of funds appropriated for HOPE scholarships and grants pursuant to the applicable Appropriations Act and set the maximum annual household income level so as to maximize, to the extent possible, the number of persons eligible to receive a HOPE scholarship or grant. (3) This subsection shall not apply to a student that meets the requirements to be a Zell Miller Scholar. (4) A student who meets the income eligibility requirements pursuant to paragraph (1) of this subsection shall be deemed eligible under such paragraph for the remainder of his or her postsecondary education for purposes of this part. (5) This subsection shall apply beginning with the 2012-2013 academic year." Senator Staton of the 18th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Carter of the 42nd, et al. amendment #3 to the committee substitute not germane. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: WEDNESDAY, MARCH 7, 2012 1379 Y Albers Y Balfour N Bethel N Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane N Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant N Hamrick N Harbison Y Heath N Henson N Hill, Jack Y Hill, Judson N Hooks N Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk N McKoon Y Millar N Miller N Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton N Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins N Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 23, nays 33. SB 364, having failed to receive the requisite constitutional majority, was lost. The following resolution was read and put upon its adoption: HR 1700. By Representative O`Neal of the 146th: 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 2012 regular session of the General Assembly for the period of Tuesday, March 13, 2012, through Thursday, March 22, 2012, shall be as follows: Tuesday, March 13...........................................................in session for legislative day 32 Wednesday, March 14 .....................................................in session for legislative day 33 Thursday, March 15 through Sunday, March 18 .............in adjournment Monday, March 19...........................................................in session for legislative day 34 Tuesday, March 20...........................................................in session for legislative day 35 Wednesday, March 21 .....................................................in session for legislative day 36 Thursday, March 22 .........................................................in session for legislative day 37 1380 JOURNAL OF THE SENATE BE IT FURTHER RESOLVED that on and after March 22, 2012, the periods of adjournment of the 2012 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 was no objection, and the resolution was adopted. The following Senators were excused for business outside the Senate Chamber: Heath of the 31st Hill of the 32nd Loudermilk of the 52nd The Calendar was resumed. SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; 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 368: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising Code Section 43-26-9, relating to the biennial renewal of licenses, WEDNESDAY, MARCH 7, 2012 1381 voluntary surrender or failure to renew a license, and restoration and reissuance of a license, as follows: "43-26-9. (a) Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board. (b) A renewed license shall be issued to a registered professional nurse or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board. (b.1) Beginning with the 2015 license renewal cycle, an applicant for license renewal shall also meet one of the following continuing competency requirements during the previous two calendar years: (1) Completion of 30 continuing education hours by a board approved provider; (2) Maintenance of certification or recertification by a national certifying body recognized by the board; (3) Completion of an accredited academic program of study in nursing or a related field recognized by the board; (4) Verification of competency and at least 500 hours practiced as evidenced by employer certification on a form approved by the board; or (5) Other activities as prescribed and approved by the board that show competency in the nursing field. Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the continuing competency requirement stated by rule or regulation in cases of hardship, disability, illness, or under such other circumstances as the board, in its discretion, deems appropriate. (c) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 or 43-26-11 or Code Section 43-1-19." SECTION 2. Said chapter is further amended by revising Code Section 43-26-39, relating to the renewal of a license, voluntary surrender, application for reinstatement, and temporary permits, as follows: "43-26-39. (a) Licenses issued under this article shall be renewed biennially prior to the expiration of the license according to schedules and fees decided by the board and approved by the division director. (b) A license shall be renewed for any licensed practical nurse who remits the required fee and complies with the requirements established by the board. (b.1) Beginning with the 2015 license renewal cycle, an applicant for license renewal shall also meet such continuing competency requirements as the board may require by 1382 JOURNAL OF THE SENATE rule or regulation. (c) The voluntary surrender of a license or the failure to renew a license by the end of an established renewal period shall have the same effect as revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license, and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 upon such grounds as specified in Code Sections 431-19 and 43-26-40. (d) Any license that is not renewed by the end of the renewal period may not thereafter be renewed, and the licensee must apply for reinstatement. Applicants for reinstatement who have not been engaged in the active practice of practical nursing as licensed practical nurses for a period which exceeds five years shall be required to obtain such additional education and training as provided in the rules and regulations of the board, which may include but not be limited to returning to school for full training and taking the licensing examination. Upon completion of the program, an application may be made for licensure as a new applicant. (e) The board may issue a temporary permit to qualified applicants under such terms and conditions as specified in the rules and regulations of the board, but in no event shall such a temporary permit be issued to an applicant who has failed to pass the required examination. (f) Other criteria for reinstatement may be determined by the rules of the board, including, but not limited to, the following: additional coursework, a refresher course, supervised clinical practice, or examination by the board." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Hamrick Y Harbison E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone WEDNESDAY, MARCH 7, 2012 1383 Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 1. SB 368, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Butch Miller District 49 109 State Capitol Atlanta, GA 30334 Committees: State and Local Governmental Operations Economic Development Agriculture and Consumer Affairs Transportation Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/7/12 I respectfully request to submit a yes vote for SB 368. /s/ Butch Miller, 49th 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 Representative Maddox of the 127th: A BILL to be entitled an Act to amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of the O.C.G.A., relating to civil practice, courts, property, state printing and documents, and storage of 1384 HB 844. HB 965. HB 967. HB 994. JOURNAL OF THE SENATE documents, respectively, so as to modernize provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices; to amend Code Section 1-3-1, Code Section 9-13-142, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, requirements for an official organ of publication, courts, and penal institutions, respectively, so as to conform provisions and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Martin of the 47th, Willard of the 49th, Wilkinson of the 52nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 36-62-8 of the Official Code of Georgia Annotated, relating to obligations of an authority, use of proceeds, status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, interest rates, and issuance and validation, so as to provide for certain validation hearing appearance provisions; to provide that the confirmation and validation of bonds may include ancillary or related agreements or documents; to provide for procedures relating to an individual who desires to be party to the validation proceedings; to provide for related matters; to repeal conflicting law; and for other purposes. By Representatives Knight of the 126th, Peake of the 137th and Carson of the 43rd: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representative Lindsey of the 54th: 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 WEDNESDAY, MARCH 7, 2012 1385 regarding ad valorem taxation of property, so as to extend the preferential assessment of brownfield property under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1123. By Representative O`Neal of the 146th: 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, so as to repeal Article 6, relating to annexation of unincorporated islands; to provide a definition; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 380. By Senators Carter of the 1st, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; 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 380: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; to amend Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription and compliance, so as to provide a definition relating to dispensers located outside this state that deliver dangerous drugs into this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1386 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (38.5) of Code Section 26-4-5, relating to the definition of security paper, as follows: "(38.5) 'Security paper' means a prescription pad or paper that has been approved by the board for use and: (A) Contains contains the following characteristics: (A)(i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form; (B)(ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and (C)(iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms. Where security paper is in the form of a prescription pad, each pad shall bear an identifying lot number, and each piece of paper in the pad shall be numbered sequentially beginning with the number one.; or (B) Meets the requirements of the United States Centers for Medicare and Medicaid Services (CMS) for a tamper-resistant prescription." SECTION 2. Said chapter is further amended by adding a new paragraph to subsection (a) of Code Section 26-4-28, relating to the power, duty, and authority of the Georgia State Board of Pharmacy over the licensure and regulation of pharmacies and pharmacy interns, to read as follows: "(6.1)(A) The registration of any pharmacy or facility, other than one owned by or operated by an entity licensed or registered under Title 33, which is located outside this state which ships, mails, or delivers, in any manner, a dispensed dangerous drug or controlled substance, or medical device medicinal into this state by issuing a nonresident pharmacy or a nonresident device distributor permit. A firms registered with the board and which has been issued a nonresident pharmacy or nonresident device distributor permit shall provide pharmacy and medical device services to the residents of this state in a manner which does not endanger life and protects the health, safety, and welfare of these residents and shall disclose to the board the following specific information: (i) That it maintains at all times and provides proof of a valid unexpired license, permit, or registration to operate a pharmacy and a device distributor in compliance with the laws and rules of the state in which the facility is located where it receives prescription drug orders or medical device orders and from which it dispenses dangerous drugs and controlled substances or medical devices. (ii) The location, names, and titles of all principal corporate officers and the WEDNESDAY, MARCH 7, 2012 1387 pharmacist who serves as the pharmacist in charge for dispensing all drugs or the person responsible for dispensing medical devices to residents of this state. This disclosure shall be made within ten days after any change of such corporate officer or pharmacist serving as the pharmacist in charge for dispensing all drugs or the person responsible for dispensing medical devices to residents of this state; (iii) When it changes the location of its registered location, it must file a change of location application with the board and submit a copy of its new state and United States Drug Enforcement Admininstration registration for the new location; (iv) That it complies with all lawful directions and requests for information from the regulatory or licensing agency of all states in which it is licensed as well as with all requests for information made by the board pursuant to this Code section. It shall respond directly within ten days to all communications from the board concerning emergency circumstances arising from errors in the dispensing of all drugs or medical devices to the residents of this state; (v) That each pharmacy or medical device distributor location notifies the board in writing of the location at which it maintains its records for all prescription drug or medical device orders dispensed to patients in this state so that the records are readily retrievable from the other business records of the pharmacy; and (vi) That during its regular hours of operation but not less than six days per week, for a minimum of 60 hours per week, a toll-free telephone service shall be provided to facilitate communication between patients in this state and a pharmacist at the pharmacy or person at the medical device distributor who has access to the patient's records. This toll-free number must be disclosed on the label affixed to each container of all dispensed drugs. (B) Applications for a nonresident pharmacy or medical device distributor permit under this Code section shall be made on a written or electronic form made available by the board. The board may require such information as the board deems reasonably necessary to carry out a background investigation to ensure the purposes of this Code section will be met by the applicant. (C) The registration fee and the biennial renewal fee for a permit shall be set by board rule. (D) The board may deny, revoke, or suspend registration of, or fine or reprimand, a nonresident pharmacy or medical device distributor for failure to comply with rules of the board or with any requirement of this Code section in accordance with the provisions of this chapter. (E) In addition to the prohibitions of subparagraph (D) of this Code section, the board may deny, revoke, sanction, or suspend the registration of, or fine or reprimand, a nonresident pharmacy or medical device distributor in accordance with the provisions of this chapter for conduct which causes serious bodily injury or serious psychological injury to a resident of this state if the board has referred the matter to the regulatory or licensing agency in the state in which the pharmacy medical device distributor is located and the regulatory or licensing agency fails to 1388 JOURNAL OF THE SENATE investigate the matter within 180 days of the referral. (F) After the effective date set by the board for all nonresident pharmacies and medical device distributors to hold a registration in this state, it shall be unlawful for any nonresident pharmacy or medical device distributor which is not registered pursuant to this Code section to advertise its services in this state, or for any person who is a resident of this state to advertise the services of a nonresident pharmacy or medical device distributor which has not registered with the board, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy or medical device distributor to fill prescriptions. (G) Notwithstanding the rules of the board, for purposes of this Code section, the nonresident pharmacy and the pharmacist designated as the pharmacist in charge of the nonresident pharmacy or the equivalent must be licensed in his or her state of location in order for a nonresident pharmacy to dispense into this state. (H) Such registration shall only be enabled when legislation amends Code Section 26-4-60 enabling a person or pharmacy regulated by the board to regularly employ the mails or other common carriers to sell, distribute, or deliver a drug which requires a prescription drug order directly to a patient. (I) Nothing in this paragraph shall be construed to limit or prohibit interstate commerce, including but not limited to the practice of pharmacy by mail." SECTION 3. Said chapter is further amended by adding a new subsection to Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency continuance, appointment, requirements, duties of director, power to make arrests, report of violations of drug laws, and dangerous drug list, to read as follows: "(f) The Georgia Drugs and Narcotics Agency is authorized to accept donations, contributions, grants, or bequests of funds or property, including funds or property from the disposition of forfeited property." SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 26-4-80, dispensing of valid prescription drug orders, as follows: "(b) Prescription drugs shall be dispensed only pursuant to a valid prescription drug order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. As used in this subsection, the term 'valid prescription drug order' means a prescription drug order issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state, or any other state or territory of the United States, to prescribe dangerous drugs and controlled substances." SECTION 5. Said chapter is further amended by revising Code Section 26-4-80.1, relating to use of security paper for hard copy prescription drug orders, as follows: WEDNESDAY, MARCH 7, 2012 1389 "26-4-80.1. (a) Effective October 1, 2011, every hard copy prescription drug order for any Schedule II controlled substance written in this state by a practitioner must be written on security paper. (b) A pharmacist shall not fill a hard copy prescription drug order for any Schedule II controlled substance from a practitioner unless it is written on security paper, except that a pharmacist may provide emergency supplies in accordance with the board and other insurance contract requirements. (c) If a hard copy of an electronic data prescription drug order for any Schedule II controlled substance is given directly to the patient, the manually signed hard copy prescription drug order must be on approved security paper that meets the requirements of paragraph (38.5) of Code Section 26-4-5. (d) Practitioners shall employ reasonable safeguards to assure against theft or unauthorized use of security paper and shall promptly report to appropriate authorities any theft or unauthorized use. (e) All vendors shall have their security paper approved by the board prior to marketing or sale in this state. (f) The board shall create a seal of approval that confirms that security paper contains all three industry recognized characteristics required by paragraph (38.5) of Code Section 26-4-5. The seal shall be affixed to all security paper used in this state. (g)(e) The board may adopt rules necessary for the administration of this Code section. (h)(f) The security paper requirements in this Code section shall not apply to: (1) Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or electronic means; or (2) Prescriptions written for inpatients of a hospital, outpatients of a hospital, residents of a nursing home, inpatients or residents of a mental health facility, or individuals incarcerated in a local, state, or federal correctional facility when the health care practitioner authorized to write prescriptions writes the order into the patient's medical or clinical record, the order is given directly to the pharmacy, and the patient never has the opportunity to handle the written order." SECTION 6. Code Section 16-13-59 of the Official Code of Georgia Annotated, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription and compliance, is amended by adding a new subsection to read as follows: "(g) For purposes of this Code section, the term 'dispenser' shall also include any pharmacy or facility which is located outside this state and which ships, mails, or delivers, in any manner, a dispensed dangerous drug or controlled substance into this state." SECTION 7. This Act shall become effective on July 1, 2012. 1390 JOURNAL OF THE SENATE SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senators Carter of the 1st and Balfour of the 9th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SB 380 (LC 37 1437S) by inserting on line 39 after "permit." the following: The board may only deny a registration for good cause related to substantial evidence of misfeasance or malfeasance by an applicant. On the adoption of the amendment, there were no objections, and the Carter of the 1st, Balfour 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. SB 380, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 7, 2012 1391 SB 411. By Senators Grant of the 25th, Mullis of the 53rd, Hamrick of the 30th, Williams of the 19th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to create the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide a definition; to provide for the purposes of the authority; to provide for the membership of the authority; to provide for terms of the members; to provide for the administration of the authority; to provide for the powers of the authority; to provide for tax exempt status of the authority; to provide for jurisdiction of actions brought against the authority; to provide that moneys received by the authority shall be held as trust funds; to provide for liberal construction; to provide for related matters; to provide for the filing of proposed charges; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Public Safety Committee offered the following substitute to SB 411: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to create the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; to provide for the purposes of the authority, which purposes shall include the provision of alternative and easier accessability to public records in the custody of each sheriff's office throughout this state; to provide accessability to sheriffs' records free of charge to law enforcement agencies and other state agencies; to provide easier access to sheriffs' records for the general public at a reasonable fee; to establish a state-wide computerized accessible repository of sheriffs' public records not only for those offices that are currently able to provide such an accessible repository but also and, in particular, for those counties with fewer economic or technical resources; to provide for the voluntary collection of sheriffs' records; to make available on a state-wide basis services and resources to the offices of the sheriff; to provide a collective representative body better able to negotiate favorable provisions for contractual services for sheriff; to provide for the return of funds collected to offset costs of operation and of providing training for sheriffs' offices throughout this state; to provide for the membership of the authority; to provide for the duties of the authority; to provide for legislative oversight of fees charged; to provide for tax exempt status of the authority; to provide for jurisdiction of actions brought against the authority; to provide that moneys received by the authority shall be held as trust funds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 1392 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, is amended by adding a new Code section to read as follows: "15-16-29. (a)(1) There is established the Georgia Sheriffs' Cooperative Authority as a body corporate and politic, an instrumentality of the state, and a public corporation; and by that name, the authority may contract and be contracted with and bring and defend actions. (2) As used in this Code section, the term 'authority' means the Georgia Sheriffs' Cooperative Authority. (3) The purpose of the authority shall be to establish a representative group able to act on behalf of those sheriffs throughout this state who voluntarily participate in such group and to provide on their behalf for: (A) The development, acquisition, and distribution of a public records management system and a case records management system. Such systems shall contain only records which are provided with the written consent of the submitting agency or office; (B) The maintenance of a state-wide public safety information data base which shall be made available to the public at a reasonable fee and made available to all law enforcement agencies and state agencies free of charge; provided, however, that nonpublic case file information or other information not subject to public disclosure shall only be made available to approved law enforcement agencies; (C) Consistent with the criminal justice laws of this state, the development of uniform electronic monitoring services contracts which may be offered to local sheriffs' offices in order to facilitate the cost-effective availability of such monitoring services, particularly to areas of this state with fewer economic resources; and (D) To develop, acquire, and distribute services, supplies, and materials, including lifesaving equipment and training, for sheriffs of this state, on such terms and conditions as may be determined to be in the best interests of the operation of the offices of the sheriff, local government, and this state, in light of the following factors: (i) The public interest in providing cost-efficient and computerized access to record management systems, public records information, and mass notification of public safety resources in a more effective, faster, and uniform manner; (ii) Cost savings to local government and the state through efficiency in the provision of record management systems, information, and public safety related data bases; (iii) Fair and adequate compensation to local governments for costs incurred in the operation of the offices of sheriffs; and WEDNESDAY, MARCH 7, 2012 1393 (iv) The degree to which information or a state-wide contract for equipment or services may assist law enforcement agencies in preventing crime, solving crime, and protecting the lives of peace officers. (b) All information provided to the authority shall be done on a voluntary basis. The authority shall not be authorized to mandate the provision of any documents, information, or collection of data from any source or entity. No records of any agency shall be placed into the authority's data base without such agency's written permission. The authority shall prescribe the manner and format in which information shall be submitted to the authority. (c) The authority shall be the sole owner of information compiled or developed through any function performed or any program or system administered by, or on behalf of, the authority such that no private person or public entity shall be authorized to sell or otherwise exercise control over the data collected and made available by the authority. (d) The authority shall be authorized to establish reasonable fees for records provided to the public as provided in paragraph (6) of subsection (l) of this Code section. The data base shall be available to law enforcement agencies and state agencies free of charge; provided, however, that the authority shall not be required to incur any additional expense as a result of an agency's request for or access to the data base. (e) Only that information subject to release pursuant to the inspection of public records provisions in Article 4 of Chapter 18 of Title 50 shall be released or provided to the public. (f) The authority shall consist of seven members as follows: (1) Two members to be appointed by the Governor who shall be duly elected Georgia sheriffs. One of such members shall serve for an initial term of one year beginning January 1, 2013, and until his or her respective successor is appointed, and one of such members shall serve for an initial term of two years beginning January 1, 2013, and until his or her respective successor is appointed. Following the initial term, such members shall serve for terms of two years; (2) One member to be appointed by the Lieutenant Governor who shall be a duly elected Georgia sheriff. Such member shall serve for an initial term of two years beginning January 1, 2013, and until his or her respective successor is appointed. Following the initial term, such member shall serve for terms of two years; (3) One member to be appointed by the Speaker of the House of Representatives who shall be a duly elected Georgia sheriff. Such member shall serve for an initial term of one year beginning January 1, 2013, and until his or her respective successor is appointed. Following the initial term, such member shall serve for terms of two years; (4) One member to be appointed by the Governor who shall be a member of the executive board of the Georgia Sheriffs' Association or a similar state-wide organization of sheriffs. Such member shall serve for an initial term of one year beginning January 1, 2013, and until his or her respective successor is appointed. Following the initial term, such member shall serve for terms of two years; (5) One member to be appointed by the Governor who shall be a duly elected county 1394 JOURNAL OF THE SENATE commissioner to serve for terms of two years, beginning January 1, 2013, and until such member's respective successor is appointed; and (6) One member to be appointed by the Governor who shall be a duly elected superior court judge to serve for terms of two years, beginning January 1, 2013, and until such member's respective successor is appointed. (g) Each member of the authority may be authorized by the authority to receive an expense allowance and reimbursement from funds of the authority in the same manner as provided for in Code Section 45-7-21. (h) Four members of the authority shall constitute a quorum, and the affirmative votes of four members of the authority shall be required for any action to be taken by the authority. (i) The authority may, in its discretion, appoint an executive director as the administrative head of the authority and shall set his or her salary. The executive director, with the concurrence and approval of the authority, shall hire officers, agents, and employees; prescribe their duties, responsibilities, and qualifications and set their salaries; and perform such other duties as may be prescribed by the authority. Such officers, agents, and employees shall serve at the pleasure of the executive director. (j) The authority may promulgate rules and regulations for its own government and for discharging its duties as may be permitted or required by law or applicable rules and regulations. (k) The Attorney General shall provide legal services for the authority in the same manner provided for in Code Sections 45-15-13 through 45-15-16. (l) The authority shall have the following powers: (1) To have a seal and alter the same at its pleasure; (2) To make and execute contracts, lease agreements, and all other instruments necessary or convenient to exercise the duties of the authority or to further the public purpose for which the authority is created; (3) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purpose of the authority; (4) To apply for and to accept any gifts or grants or loan guarantees or loans of funds or property or financial or other aid in any form from the federal government or any agency or instrumentality thereof, or from the state or any agency or instrumentality thereof, or from any other source for any or all of the purposes specified in this Code section and to comply, subject to the provisions of this Code section, with the terms and conditions thereof; (5) To contract with state agencies or any local government for the use by the authority of any property, facilities, or services of the state or any such state agency or local government or for the use by any state agency or local government of any facilities or services of the authority; and such state agencies and local governments shall be authorized to enter into such contracts; (6) To fix and collect fees and charges for data, media, and other services furnished by it to any private individual or private entity; provided, however, that a schedule of WEDNESDAY, MARCH 7, 2012 1395 proposed fees and charges shall be filed with the Clerk of the House of Representatives and the Secretary of the Senate by January 2, 2013, and annually thereafter for such action as the General Assembly may desire to take thereon, if any; (7) To deposit or otherwise invest funds held by it in any state depository or in any investment which is authorized for the investment of proceeds of state general obligation bonds and to use for its corporate purposes or redeposit or reinvest interest earned on such funds; (8) To exercise any power granted by the laws of this state to public or private corporations which is not in conflict with the public purpose of the authority; and (9) To do all things necessary or convenient to carry out the powers conferred by this Code section and to carry out such duties and activities as are specifically imposed upon the authority by law. (m) The creation of the authority and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and are public purposes, and in no event shall the authority assess a fee against a sheriff's office, state agency, or local government of this state for access to the information compiled by the authority. The authority shall perform an essential government function in the exercise of the powers conferred upon it by this Code section. The authority shall not be required to pay taxes or assessments upon any property acquired or under its jurisdiction, control, possession, or supervision. (n) Any action against the authority shall be brought in the superior court of the county in which its primary office is situated, and such court shall have exclusive, original jurisdiction of such actions; provided, however, that actions seeking equitable relief may be brought in the county of residence of any member of the authority. (o) All money received by the authority pursuant to this Code section shall be deemed to be trust funds to be held and applied solely as provided in this Code section. (p) The provisions of this Code section shall be deemed to provide an additional and alternative method for doing things authorized by this Code section and shall be regarded as supplemental and additional to powers conferred by the Constitution and laws of the State of Georgia and shall not be regarded as in derogation of any powers now existing." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Grant of the 25th, Mullis of the 53rd, Goggans of the 7th, Hooks of the 14th, Carter of the 42nd and others offered the following amendment #1: Amend the Senate Public Safety Committee substitute to SB 411 (LC 35 2600S) by deleting "sole" from line 67. 1396 JOURNAL OF THE SENATE By replacing line 70 with the following: make available or distribute the data collected and made available by the authority. Nothing contained in this Code section shall be construed so as to prevent any agency, department, or other governmental entity from collecting, selling, or disseminating data as otherwise provided by law, and, specifically, the Department of Transportation shall continue to be authorized to collect, sell, and disseminate accident reports as provided in Article 2 of Chapter 9 of Title 40. By inserting at the end of line 77 the following: Nothing contained herein shall be construed so as to modify or conflict with these open records provisions, and any information not subject to public inspection under federal or state law shall be confidential and not subject to public disclosure. By replacing line 147 with the following: such funds; provided, however, that the authority shall not be authorized to issue revenue bonds, refunding bonds, notes, interim certificates, or any other type of or similar bonded indebtedness or evidences of indebtedness of the authority; On the adoption of the amendment, there were no objections, and the Grant, et al. amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Hamrick Y Harbison E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon E Loudermilk Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins WEDNESDAY, MARCH 7, 2012 1397 Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. SB 411, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 1188. By Representative Spencer of the 180th: A BILL to be entitled an Act to create the Oak Grove Cemetery Authority; to provide for its purposes, funding, responsibilities, jurisdiction, membership, meetings, records, filling of vacancies, powers and duties, and application of conflicts of interest and ethics provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1191. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to authorize the governing authority of the City of Lavonia 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 1193. By Representatives Dickey of the 136th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act entitled "Monroe County Public Facilities Authority Act," approved May 14, 2008 (Ga. L. 2008, p. 4432), so as to repeal certain provisions limiting such authority's authority to issue revenue bonds to four years; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1195. By Representative Reece of the 11th: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 1398 JOURNAL OF THE SENATE 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), so as to revise the compensation of the commissioner of Chattooga County; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1196. By Representatives Randall of the 138th, Peake of the 137th, Holmes of the 125th, Beverly of the 139th, Dickey of the 136th and others: A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), so as to change the description of the electoral districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1202. By Representatives Abdul-Salaam of the 74th, Jordan of the 77th, Scott of the 76th, Heckstall of the 62nd, Waites of the 60th and others: A BILL to be entitled an Act to amend an Act creating the Clayton County board of commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. At 12:27 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 message was received from the House through Mr. Rivers, the Clerk thereof: WEDNESDAY, MARCH 7, 2012 1399 Mr. President: The House has passed by the requisite constitutional majority the following Bill of the House: HB 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. The Calendar was resumed. SB 312. By Senators Ligon, Jr. of the 3rd, Albers of the 56th, Carter of the 1st and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to require applicants for food stamps and temporary assistance for needy families to engage in personal growth activities; to provide for applicability; to provide for exemptions; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SB 312: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to require applicants for food stamps to engage in professional development activities; to provide for exemptions; to provide for revision to the state plan or to rules and regulations; to provide for a pilot program; to provide for related matters; to provide for contingent effectiveness; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended in Article 1, relating to general provisions, by adding a new Code section to read as follows: 1400 JOURNAL OF THE SENATE "49-4-20. (a) In order to be eligible for food stamps, an applicant shall engage in professional development activities as provided, made available, or approved by the department, which may include, but not be limited to, working toward a general educational development (GED) diploma, if not a high school graduate; pursuing technical education; attending self-development classes; and enrolling in an adult literacy class. (b) The department shall promulgate rules and regulations to implement the requirements of this Code section. (c) This Code section shall not apply to an applicant who is: (1) Under 16 years of age or over 59 years of age; (2)(A) Developmentally disabled, which means having a severe, chronic disability that meets all of the following conditions: (i) Is attributable to: (I) Cerebral palsy or epilepsy; or (II) Any other condition found to be closely related to mental retardation due to the condition resulting in impairment of general intellectual functioning or adaptive behavior similar to that of mentally retarded persons and requiring treatment or services similar to that required for those persons. (ii) Manifested before the person reaches age 22; (iii) Is likely to continue indefinitely; and (iv) Results in substantial functional limitations in three or more of the following areas of major life activity: (I) Self-care; (II) Understanding and use of language; (III) Learning; (IV) Mobility; (V) Self-direction; and (VI) Capacity for independent living. (B) Physically or mentally unfit for employment, which may consist of a permanent disability, as evidenced by receipt of supplemental security income under Title XVI of the federal Social Security Act, or a temporary disability, as evidenced by a statement from a licensed physician or psychologist; (3) A caretaker for a dependent child under six years of age or for an incapacitated adult; (4) Employed at least 30 hours per week; (5) Participating in a drug or alcohol treatment and rehabilitation program; (6) A student enrolled at least half time; or (7) Receiving unemployment insurance." SECTION 2. (a) The Department of Human Services shall take any necessary steps to revise any applicable state plan or rules and regulations to effectuate the requirements of this Act. (b) Prior to the state-wide implementation of the requirements of this Act, the WEDNESDAY, MARCH 7, 2012 1401 Department of Human Services shall develop and implement a pilot program to determine the most beneficial manner of implementing such requirements. The department shall be authorized to establish such rules and regulations as may be necessary or desirable in order to execute the pilot program. The pilot program shall be conducted in five counties designated by the department. SECTION 3. This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 1, 2012 Honorable William T. Ligon, Jr. State Senator 323-B Coverdell Legislative Office Building Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 312 Substitute (LC 33 4686S) Dear Senator Ligon: This bill would require applicants for food stamps to engage in professional development activities as a condition of eligibility. Such professional development activities would include, for example, working toward a general education development (GED) diploma, 1402 JOURNAL OF THE SENATE pursuing technical education, or enrolling in an adult literacy class. The Department of Human Services (DHS) would be required to take necessary steps, including revising applicable program rules, to implement the bill's program eligibility requirements. Applicable changes would initially be implemented in a five-county pilot program, prior to statewide implementation. The specific five counties that would be involved in the pilot program would be designated by the DHS and timeframes for expanding to a statewide basis are not stipulated. The bill stipulates that this Act would become effective only if funds are specifically appropriated for its purpose in an Appropriations Act that specifically refers to this Act. Implementation of this bill in the five-county pilot program is estimated to cost a total of approximately $23 million annually and would be subject to approval of a state plan amendment from the appropriate federal agency. Subsequent to this expenditure, it is assumed that the state would be reimbursed 50% by federal funds, as DHS explained this is the current federal reimbursement level for food stamp administration expenses, although direct food stamp client benefits are 100% federally funded. It should be noted that these pilot program costs were calculated by taking 3.14% (representing the five pilot program counties as a percentage of the state's entire 159 counties) of the bill's estimated total statewide impact, which totals about $772 million, comprised of $365.2 million in state costs and an assumption of receiving the remaining $406.8 million in federal funds. Actual costs of the pilot program could vary substantially, depending upon the specific demographics of any particular five counties that may be selected for the pilot program. Additionally, although it may be assumed that the bill could result in an increased likelihood of food stamp recipients obtaining employment and leaving the food stamp program, no offsetting state savings were calculated. This is because direct food stamp benefits are 100% federally funded and also because food stamp clients who obtain employment may still qualify for food stamp benefits, depending upon their respective employment income levels. It should also be noted that the costs presented in this fiscal note do not include any eventual expenditures that may be needed to increase the state's capacity to provide GED, technical education, adult literacy, and other "professional development" classes to any increased number of adults enrolling in such classes as a result of this bill. The DHS estimates that, statewide, over 400,000 adults may be covered and that the bill's stipulated pilot program could result in over 12,000 adults (3.14% of the total) being covered. Information was not readily available, however, to accurately estimate how many of these adults may eventually become enrolled in "professional development" classes and, consequently, necessitate additional state expenditures to accomplish provision of such services to enrollees. Assuming federal reimbursement is received for 50% of the $23 million total expenditures resulting from the bill's stipulated pilot program, the state's net cost would total approximately $11.5 million annually. As outlined below and explained in WEDNESDAY, MARCH 7, 2012 1403 subsequent paragraphs, most of these costs would result from providing affiliated employment and training services to food stamp program participants. The federal Supplemental Nutrition Assistance Program Employment and Training (SNAP-ET) Program pertains to the type of "professional development" activities stipulated in the bill and requires that participants be reimbursed for all expenses that are reasonable, necessary, and directly related to participation in the program. Resultantly, the state's $11.5 million increased annual expenditures would be comprised of approximately: $7.85 million for providing child care services to the children of parents who are enrolled in such "professional development" activities; $2.0 million for transporting participating adults to such activities; $1.3 million for related costs to attend; and about $368,000 for DCH's increased costs associated with determining and monitoring participants' eligibility. An additional $1.3 million was estimated by the DHS to contract with a firm to contact, assess, and direct all affiliated adult participants to the appropriate professional development training. This $1.3 million would be 100% reimbursed by the federal government, according to the DHS, up to a maximum of $2 million annually. The $7.85 million for child care services was derived by estimating that approximately 4,900 children between the ages of six and 13 would need after-school care while parents were engaged in professional development services, at an annual cost of about $3,000 per child (50% of which would be federally reimbursed). The remaining balance of this cost would be for expansion of the DHS' eligibility system and program support to assess, process, and monitor such child care service aspects. The $2.0 million for transportation services was estimated by assuming that each of the 12,000 adults would utilize approximately three months of transportation services to/from related professional development services, at an average monthly cost of slightly more than $106 per participant (50% of which would be federally reimbursed). The $1.3 million of related costs covers the state's portion of costs for participant expenses such as books, tools, clothing, etc. relating to their attending such professional development activities. The $368,000 cost element is the state's portion of estimated expenses for handling the increased participant workload, including: an additional 14 staff to process applications, renewals, and case changes; affiliated support costs, such as phones and office space; and affiliated computer service fees related to Georgia Enterprise Technology Services. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, Director Office of Planning and Budget 1404 JOURNAL OF THE SENATE Senators Seay of the 34th and Fort of the 39th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SB 312 (LC 33 4686S) by striking line 43 and inserting in lieu thereof the following: (3) A caretaker for a dependent child under six years of age or for an incapacitated adult or is a single parent who is the primary caregiver of a dependent child under 12 years of age; Senators Bethel of the 54th and Loudermilk of the 52nd offered the following amendment #1a: Amend Amendment 1 AM 33 1189 to the Committee Substitute to SB 312 by striking the word "single" on line 4. On the adoption of amendment #1a, there were no objections, and the Bethel, Loudermilk amendment #1a to the Seay, Fort amendment #1 to the committee substitute was adopted. On the adoption of amendment #1, there were no objections, and the Seay, Fort amendment #1 to the committee substitute was adopted as amended. Senator Jones of the 10th offered the following amendment #2: Amend LC 33 4686S to SB 312 by amending line 47 to add: (8) Spouse of any active duty military personnel (9) Involved in worker comp claims that suffers partial or permanent disability Senator Bethel of the 54th offered the following amendment #2a: Amend Amendment #2 by the Senator from the 10th to the Committee Substitute to SB 312 by striking lines 4 - 6. On the adoption of amendment #2a, the President asked unanimous consent. Senator Ligon, Jr. of the 3rd objected. On the adoption of the amendment, the yeas were 8, nays 31, and the Bethel amendment #2a to the Jones amendment #2 to the committee substitute was lost. WEDNESDAY, MARCH 7, 2012 1405 On the adoption of amendment #2, the President asked unanimous consent. Senator Ligon, Jr. of the 3rd objected. On the adoption of the amendment, the yeas were 18, nays 31, and the Jones amendment #2 to the committee substitute was lost. Senator Jones of the 10th offered the following amendment #3: Amend SB 312 (LC 33 4686S) by inserting after "program;" on line 4 "to change certain provisions relating to eligibility for assistance; to provide for applicability and contingencies; to provide for an effective date;" and by inserting between lines 47 and 48 the following: SECTION 1.1. Said chapter is further amended by revising paragraph (5) of subsection (a) of Code Section 49-4-184, referring to eligibility for assistance, as follows: "(5) The applicant or recipient is convicted of any felony under Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' on or after January 1, 1997; provided, however, that on and after July 1, 2012, if the applicant or recipient was convicted only of drug possession on or after July 1, 2012, and the Board of Human Services determines that such person has successfully completed a substance abuse treatment program designated as an approved program by the board, such person shall be eligible to receive assistance under this article;" SECTION 1.2. The changes in law created by Section 1.1 of this Act shall apply only to a determination of eligibility of a person seeking temporary assistance for needy families made on or after July 1, 2012. A determination of eligibility made before the effective date of this Act shall be governed by the former provisions of Code Section 49-4-184. By inserting "of Section 1" after "requirements" on line 51. By revising lines 58 through 60 as follows: (a) Sections 1, 2, and this subsection of this Act shall become effective only if funds are specifically appropriated for purposes of these sections of this Act in an appropriations Act making specific reference to these sections of this Act and shall become effective when funds so appropriated become available for expenditure. (b) Sections 1.1, 1.2, and 4 of this Act and this subsection shall become effective on July 1, 2012. On the adoption of the amendment, the President asked unanimous consent. 1406 JOURNAL OF THE SENATE Senator Ligon, Jr. of the 3rd objected. On the adoption of the amendment, the yeas were 13, nays 32, and the Jones amendment #3 to the committee substitute was lost. Senator Davis of the 22nd offered the following amendment #4: Amend the Senate Health and Human Services Committee Substitute to SB 312 (LC 33 4686S) by inserting after "activities;" on line 3 the following: to provide for identification cards for food stamp recipients; By deleting the quotes at the end of line 47 and inserting between lines 47 and 48 the following: (d) Except as provided in subsection (b) of this Code section, each applicant for food stamps shall be provided by the department with a state identification card for use in professional development. The department shall provide for at least one location within each county for the submission of applications for such cards. No fee shall be charged or collected for the application for or issuance of a Georgia professional development identification card. (e) No person shall be eligible for a Georgia professional development state identification card if such person has a valid unexpired driver's license or identification card issued under Code Section 40-5-100. The applications collected by the department shall satisfy all requirements of the Department of Driver Services for the issuance of state identification cards pursuant to Code Section 40-5-100. Such applications shall be forwarded to the Department of Driver Services and, upon approval, the Department of Driver Services shall issue the identification cards and provide the cards to the department for distribution to the applicants." On the adoption of the amendment, the President asked unanimous consent. Senator Ligon, Jr. of the 3rd objected. On the adoption of the amendment, the yeas were 17, nays 31, and the Davis amendment #4 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: WEDNESDAY, MARCH 7, 2012 1407 Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 40, nays 14. SB 312, having received the requisite constitutional majority, was passed by substitute. SB 459. By Senators Shafer of the 48th, Goggans of the 7th and Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution of electricity generally, so as to provide that consumers may elect not to use smart meters; to provide that the Public Service Commission may create and regulate a surcharge for consumers who elect not to use smart meters; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Shafer of the 48th asked unanimous consent to drop SB 459 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 459 was placed at the foot of the Rules Calendar. The following House legislation was read the first time and referred to committee: HB 1067. By Representatives Rogers of the 26th, Smith of the 131st and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to the limited licenses for insurance 1408 JOURNAL OF THE SENATE agents, agencies, subagents, counselors, and adjustors, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. HB 1115. By Representatives Dudgeon of the 24th, Parsons of the 42nd and Martin of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 14 and Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations and public utilities and public transportation, respectively, so as to revise and update certain provisions relating to telecommunications; to remove telegraph companies from the jurisdiction of the Public Service Commission; to eliminate certain provisions relating to telegraph service; to amend various other titles of the Official Code of Georgia Annotated, so as to revise cross-references for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1178. By Representatives Dickson of the 6th, England of the 108th and Coleman of the 97th: A BILL to be entitled an Act to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, so as to require a ten-year projection of costs for bills which would create a new program or funding category and which would have a significant impact upon anticipated revenues or expenditures of the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 1198. By Representatives Meadows of the 5th, Houston of the 170th, Smith of the 131st, Hembree of the 67th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to WEDNESDAY, MARCH 7, 2012 1409 grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit grandparent visitation; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 665. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of the O.C.G.A., relating to civil practice, courts, property, state printing and documents, and storage of documents, respectively, so as to modernize provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices; to amend Code Section 1-3-1, Code Section 9-13-142, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, requirements for an official organ of publication, courts, and penal institutions, respectively, so as to conform provisions and correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 844. By Representatives Martin of the 47th, Willard of the 49th, Wilkinson of the 52nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 36-62-8 of the Official Code of Georgia Annotated, relating to obligations of an authority, use of proceeds, status as revenue obligations, subsequent series of bonds or notes, bond anticipation notes, interest rates, and issuance and validation, so as to provide for certain validation hearing appearance provisions; to provide that the confirmation and validation of bonds may include ancillary or related agreements or documents; to provide for procedures relating to an individual who desires to be party to the validation proceedings; to provide for related matters; to repeal conflicting law; and for other purposes. Referred to the State and Local Governmental Operations (General) Committee. HB 965. By Representatives Knight of the 126th, Peake of the 137th and Carson of the 43rd: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so 1410 JOURNAL OF THE SENATE as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; 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 967. By Representative Knight of the 126th: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 994. By Representative Lindsey of the 54th: 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 extend the preferential assessment of brownfield property under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1123. By Representative O`Neal of the 146th: 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, so as to repeal Article 6, relating to annexation of unincorporated islands; to provide a definition; 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 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. Referred to the Appropriations Committee. WEDNESDAY, MARCH 7, 2012 1411 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 247. By Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of all applicants for licensure and currently licensed emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 450. By Representatives Sims of the 169th, Powell of the 29th, Pruett of the 144th, Rogers of the 26th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. HB 797. By Representatives Jones of the 46th, Coleman of the 97th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to revise funding for state chartered special schools; to provide for submittal of charter petitions to the Charter Committee of the State Board of Education; to provide for resubmittal of a charter petition to a local board of education upon expiration of the charter term of a state chartered special school; to provide for related matters; to repeal conflicting laws; and for other purposes. 1412 JOURNAL OF THE SENATE HB 868. By Representatives Collins of the 27th, Carter of the 175th, Atwood of the 179th, Hatchett of the 143rd, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 460. By Senators McKoon of the 29th, Shafer of the 48th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating generally to insurance, so as to provide a religious exception for the requirement that every health benefit policy in this state provide coverage for contraceptives; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th moved the previous question. Senator Tate of the 38th objected. On the motion, Senator Henson of the 41st, called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C WEDNESDAY, MARCH 7, 2012 1413 N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 35; nays 19, the motion prevailed, and the previous question was ordered. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 38, nays 15. N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 460, having received the requisite constitutional majority, was passed. SB 350. By Senators Balfour of the 9th, Sims of the 12th, Hamrick of the 30th and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary 1414 JOURNAL OF THE SENATE or armed robbery, so as to provide for the disposition of firearms used in burglaries or armed robberies; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, so as to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; 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 350: A BILL TO BE ENTITLED AN ACT To amend Chapter 16 of Title 16 and Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery and disposition of seized property, respectively, so as to provide for the disposition of firearms that were otherwise subject to forfeiture; to provide for the disposition of firearms used in burglaries or armed robberies; to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to provide for definitions; to change provisions relating to the disposition of personal property in custody of a law enforcement agency; 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 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery, is amended by revising subsection (a) of Code Section 16-16-2, relating to motor vehicles, tools, and weapons subject to forfeiture, grounds for seizure, custody of property, duties of officers, proceedings for forfeiture, and disposition of property, as follows: "(a) All motor vehicles, tools, and weapons which are used or intended for use in any manner in the commission of or to facilitate the commission of a burglary or armed robbery are shall be subject to forfeiture under this chapter, but: (1) No motor vehicle used by any person as a common carrier in the transaction of business as a common carrier is shall be subject to forfeiture under this Code section unless it appears that the owner or other person in charge of the motor vehicle is a consenting party or privy to the commission of a burglary or armed robbery; (2) No motor vehicle is shall be subject to forfeiture under this Code section by reason of any act or omission established by the owner thereof to have been committed or omitted without his or her knowledge or consent, and any co-owner of a motor vehicle without knowledge of or consent to the act or omission is shall be WEDNESDAY, MARCH 7, 2012 1415 protected to the extent of the interest of such co-owner; and (3) A forfeiture of a motor vehicle encumbered by a bona fide security interest is shall be subject to the interest of the secured party if he or she neither had knowledge of or nor consented to the act or omission. Notwithstanding any provisions of this Code section to the contrary, any firearm forfeited under this chapter shall be disposed of in accordance with the provisions of Code Section 17-5-52." SECTION 2. Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to disposition of seized property, is amended by revising Code Section 17-5-51, relating to forfeiture of weapons used in commission of crime, possession of which constitutes crime or delinquent act, or illegal concealment generally, as follows: "17-5-51. (a) Except as provided in subsection (c) of this Code section, any 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 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, that this exception shall not be construed to prohibit the seizure, condemnation, and sale of motor vehicles used in the illegal transportation of alcoholic beverages. (b) As used in this Code section, the term: (1) 'Firearm' shall have the same meaning as set forth in Code Section 16-11-171. (2) 'Innocent owner' means a person who: (A) Did not beforehand know or in the exercise of ordinary care would not have known of the conduct which caused his or her firearm to be forfeited, seized, or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources; (B) Did not participate in the commission of a crime or delinquent act involving his or her firearm; (C) Legally owned and presently owns the firearm forfeited, seized, or abandoned; and (D) Is authorized by state and federal law to receive and possess his or her firearm. (c) A firearm that is the property of an innocent owner shall be returned to such person when such firearm is no longer needed for evidentiary purposes. (d) The costs of returning the firearm to the innocent owner shall be borne by the innocent owner. Such costs shall be limited to the actual costs of shipping and associated costs from any transfer and background check fees charged when delivering the firearm to the innocent owner. (e) If six months elapse after notification to the innocent owner of the possession of the 1416 JOURNAL OF THE SENATE firearm by a political subdivision or state custodial agency and the innocent owner fails to bear the costs of return of his or her firearm or fails to respond to the political subdivision or state custodial agency, then the political subdivision or state custodial agency may follow the procedures under subsection (d) of Code Section 17-5-52.1." SECTION 3. Said article is further amended by revising subsection (a) of Code Section 17-5-52, relating to sale or destruction of weapons used in commission of crime or delinquent act involving possession, sale of weapons not the property of the defendant, disposition of proceeds of sale, and record keeping, as follows: "(a) When a final judgment is entered finding a defendant guilty of the commission or attempted commission of a crime against any person or guilty of the commission of a crime or delinquent act involving the illegal possession or carrying of a weapon, any device which was used as a weapon in the commission of the crime or delinquent act shall be turned over by the person having custody of the weapon or device to the sheriff, chief of police, or other executive officer of the law enforcement agency that originally confiscated the weapon or device when the weapon or device is no longer needed for evidentiary purposes. With the exception of firearms, as such term is defined in Code Section 17-5-51, which shall be disposed of in accordance with Code Section 17-5-52.1, within Within 90 days after receiving the weapon or device, the sheriff, chief of police, or other executive officer of the law enforcement agency shall retain the weapon or device for use in law enforcement, destroy the same, or sell the weapon or device pursuant to judicial sale as provided in Article 7 of Chapter 13 of Title 9 or by any commercially feasible means, provided that, if the weapon or device used as a weapon in the crime is not the property of the defendant, there shall be no forfeiture of such weapon or device." SECTION 4. Said article is further amended by adding a new Code section to read as follows: "17-5-52.1. (a) As used in this Code section, the terms 'firearm' and 'innocent owner' shall have the same meaning as set forth in Code Section 17-5-51. (b) Notwithstanding any other provision of law to the contrary and subject to the duty to return firearms to innocent owners pursuant to subsection (c) of Code Section 17-551 and this Code section, all firearms that are forfeited or abandoned to any law enforcement agency of this state or a political subdivision of this state, including the Department of Natural Resources, or that are otherwise acquired by the state or a political subdivision and are no longer needed, shall be disposed of as provided in this Code section. (c) Prior to the disposal of any firearm that has been forfeited or abandoned to the state or a political subdivision of the state, the political subdivision or state custodial agency with possession of the firearm shall use its best efforts to determine if the firearm has been lost by, stolen from, or otherwise illegally obtained from an innocent owner and, if WEDNESDAY, MARCH 7, 2012 1417 so, shall return the firearm to its innocent owner in accordance with Code Section 17-551. (d) If an innocent owner of a firearm cannot be located or after proper notification he or she fails to pay for the return of his or her firearm, if the political subdivision is: (1) A municipal corporation, it shall dispose of its firearms as provided for in Code Section 36-37-6; provided, however, that municipal corporations shall not have the right to reject any and all bids or to cancel any proposed sale of such firearms, and all sales shall be to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. Any political subdivision which disposes of firearms shall use proceeds from the sale of a firearm as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the political subdivision; or (2) Not a municipal corporation, the state custodial agency or the political subdivision shall dispose of its firearms by sale at public auction to persons who are licensed as firearms collectors, dealers, importers, or manufacturers under the provisions of 18 U.S.C. Section 921, et seq., and Chapter 16 of Title 43 and who are authorized to receive such firearms under the terms of such license. A state custodial agency shall retain only such proceeds as are necessary to cover the costs of administering this Code section, with any surplus to be transferred to the general fund of the state, provided that a state custodial agency may be reimbursed for any firearms formerly in use by the state custodial agency that are sold under this Code section. (e) Auctions required by paragraph (2) of subsection (d) of this Code section may occur online on a rolling basis or at live events, but in no event shall such auctions occur less frequently than once every six months during any time in which the political subdivision or state custodial agency has an inventory of saleable firearms. (f) The requirements of subsection (d) of this Code section shall not apply to a firearm if no bids from eligible recipients are received within six months from when bidding opened on such firearm or the sheriff, chief of police, agency director, or designee of such official certifies the firearm is unsafe for use because of wear, damage, age, or modification or because any federal or state law prohibits the sale or distribution of such firearm. Any such firearm shall, at the discretion of the sheriff, chief of police, agency director, or designee of such official, be transferred to the Division of Forensic Sciences of the Georgia Bureau of Investigation, a municipal or county law enforcement forensic laboratory for training or experimental purposes, or be destroyed. (g) All agencies subject to the provisions of this Code section shall keep records of the firearms acquired and disposed of as provided by this Code section as well as records of the proceeds of the sales thereof and the disbursement of such proceeds in accordance with records retention schedules adopted in accordance with Article 5 of Chapter 18 of Title 50, the 'Georgia Records Act.' (h) Neither the state nor any political subdivision of the state nor any of its officers, agents, or employees shall be liable to any person, including the purchaser of a firearm, 1418 JOURNAL OF THE SENATE for personal injuries or damage to property arising from the sale of a firearm under this Code section unless the state or political subdivision acted with gross negligence or willful or wanton misconduct." SECTION 5. Said article is further amended by revising subsection (a) of Code Section 17-5-54, relating to the disposition of personal property in the custody of law enforcement agencies, as follows: "(a)(1) Except as provided in Code Sections 17-5-55 and 17-5-56 and subsections (d), (e), and (f) of this Code section, when a law enforcement agency assumes custody of any personal property which is the subject of a crime or has been abandoned or is otherwise seized, a disposition of such property shall be made in accordance with the provisions of this Code section. When a final verdict and judgment is entered finding a defendant guilty of the commission of a crime, any personal property used as evidence in the trial shall be returned to the rightful owner of the property within 30 days following the final judgment; provided, however, that if the judgment is appealed or if the defendant files a motion for a new trial and if photographs, videotapes, or other identification or analysis of the personal property will not be sufficient evidence for the appeal of the case or new trial of the case, such personal property shall be returned to the rightful owner within 30 days of the conclusion of the appeal or new trial, whichever occurs last. All personal property in the custody of a law enforcement agency, including personal property used as evidence in a criminal trial, which is unclaimed after a period of 90 days following its seizure, or following the final verdict and judgment in the case of property used as evidence, and which is no longer needed in a criminal investigation or for evidentiary purposes in accordance with Code Section 17-5-55 or 17-5-56 shall be subject to disposition by the law enforcement agency. The sheriff, chief of police, or other executive officer of a law enforcement agency shall make application to the superior court for an order to retain, sell, or discard such property. In the application the officer shall state each item of personal property to be retained, sold, or discarded. Upon the superior court's granting an order for the law enforcement agency to retain such property, the law enforcement agency shall retain such property for official use. Upon the superior court's granting an order which authorizes that the property be discarded, the law enforcement agency shall dispose of the property as other salvage or nonserviceable equipment. Upon the superior court's granting an order for the sale of personal property, the officer shall provide for a notice to be placed once a week for four weeks in the legal organ of the county specifically describing each item and advising possible owners of items of the method of contacting the law enforcement agency; provided, however, that miscellaneous items having an estimated fair market value of $75.00 or less may be advertised or sold, or both, in lots. Such notice shall also stipulate a date, time, and place said items will be placed for public sale if not claimed. Such notice shall also stipulate whether said items or groups of items are to be sold in blocks, by lot numbers, by entire list of items, or separately." WEDNESDAY, MARCH 7, 2012 1419 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock N Paris E Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 4. SB 350, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th assumed the Chair. 1420 JOURNAL OF THE SENATE SB 493. By Senators Loudermilk of the 52nd, Rogers of the 21st, Mullis of the 53rd and Hill of the 32nd: 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 authorize persons who are between the ages of 18 and 21 to carry firearms under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Heath of the 31st, Loudermilk of the 52nd and Rogers of the 21st offered the following amendment #1: Amend SB 493 (LC 28 6175) by inserting after "circumstances;" on line 3 "to provide for a designation on a firearms license that the licensee has received firearms training;" and by inserting after "mandamus," on line 10 "and adding a new paragraph to subsection (f) to read" and by inserting after line 12 the following: "(3) The weapons carry license of a licensee who provides proof to the judge of the probate court of successfully passing a course of firearms instruction which is equivalent to or surpasses the minimum training specified in subsection (c) of Code Section 16-11136 shall reflect that such licensee has received such training." On the adoption of the amendment, there were no objections, and the Heath, et al. amendment #1 was adopted. Senators Seay of the 34th and Henson of the 41st offered the following amendment #2: Amend SB 493 (LC 28 6175) by inserting after "circumstances;" on line 3 the following: to provide for the crime of carrying a firearm while intoxicated; By replacing "a new Code Section" on line 14 with "two new Code sections". By deleting the quotation mark at the end of line 36 and by inserting between lines 36 and 37 the following: "16-11-137. A person whose alcohol concentration is .08 grams or more at any time within three hours after carrying a firearm shall be guilty of carrying a firearm while intoxicated and shall upon conviction be guilty of a misdemeanor." Senator Seay of the 34th offered the following amendment #2a: Amend Amendment 2 to SB 493 by striking line 7 beginning with "at" and striking from line 8 the word "after" and replacing that language with the word "while." WEDNESDAY, MARCH 7, 2012 1421 On the adoption of amendment #2a, the President asked unanimous consent. Senator Loudermilk of the 52nd objected. On the adoption of the amendment, Senator Seay of the 34th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Hooks (PRS) N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 35, and the Seay amendment #2a to the Seay, Henson amendment #2 was lost. On the adoption of amendment #2, the President asked unanimous consent. Senator Loudermilk of the 52nd objected. On the adoption of the amendment, Senator Carter of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B N Hamrick Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer 1422 JOURNAL OF THE SENATE Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn Y Goggans N Golden N Gooch N Grant Hooks (PRS) N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 18, nays 35, and the Seay, Henson amendment #2 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 41, nays 13. N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams SB 493, having received the requisite constitutional majority, was passed as amended. WEDNESDAY, MARCH 7, 2012 1423 SB 432. By Senators Heath of the 31st, Mullis of the 53rd, Loudermilk of the 52nd and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to define a certain term; to provide that a political subdivision shall not enact any ordinance which is more restrictive of the sale or possession of a knife than general law; to repeal conflicting laws; and for other purposes. The Senate Judiciary Committee offered the following substitute to SB 432: 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 define certain terms; to provide that a county, municipality, or consolidated government shall not enact any ordinance which is more restrictive of the sale or possession of a knife than general law except in courthouses or government buildings; 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 adding a new Code section to read as follows: "16-11-136. (a) As used in this Code section, the term: (1) 'Courthouse' shall have the same meaning as set forth in Code Section 16-11-127. (2) 'Government building' shall have the same meaning as set forth in Code Section 16-11-127. (3) 'Knife' means any cutting instrument with a blade and shall include, without limitation, a knife as such term is defined in Code Section 16-11-125.1. (b) Except for restrictions in courthouses and government buildings, no county, municipality, or consolidated government shall, by rule or ordinance, constrain the possession, manufacture, sale, or transfer of a knife more restrictively than the provisions of this part." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. 1424 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 41, nays 12. SB 432, having received the requisite constitutional majority, was passed by substitute. SB 471. By Senators Hill of the 32nd and Gooch of the 51st: 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 authorize the Commissioner of Insurance to establish a coalition of other states to adopt an alternative policy approval process for comprehensive major medical policies; to authorize the Commissioner of Insurance to approve policies for sale in Georgia that comply with such alternative approval process standards under certain circumstances; to provide a definition; to authorize the Commissioner of Insurance to promulgate related rules and regulations; to provide for alternative dispute WEDNESDAY, MARCH 7, 2012 1425 resolution; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Fort of the 39th and Stoner of the 6th offered the following amendment #1: Amend SB 471 (LC 28 6094ER) by inserting after "provide" on line 2 the following: that each individual accident and sickness policy sold pursuant to this article shall provide coverage for treatment of dependent children with cancer and provide coverage for autism; to provide By deleting line 13 and inserting in lieu thereof the following: health insurance coverage, is amended by revising Code Section 33-29A-32, relating to the Commissioner to authorize insurers to offer individual accident and sickness insurance policies in Georgia that have been approved for issuance in other states, as follows: "33-29A-32. The Commissioner shall approve for sale in Georgia any individual accident and sickness insurance policy that is currently approved for issuance in another state where the insurer or the insurer's affiliate or subsidiary is authorized to transact insurance so long as the insurer or the insurer's affiliate or subsidiary filing and issuance issuing such policy in Georgia is also authorized to transact insurance in this state pursuant to Chapter 3 of this title and provided that any such policy meets the requirements set forth in this article. Additionally, any insurer authorized to transact insurance in this state can may offer an individual accident and sickness insurance policy with benefits equivalent to those in any policy approved for sale in Georgia under this article, provided that any such offered policy meets the requirements set forth in this article. Further, any insurer authorized to transact insurance in this state may offer an individual accident and sickness insurance policy, provided that all such policies shall include mandated coverage for treatment of dependent children with cancer pursuant to Code Section 33-24-59.1 and provide coverage for autism pursuant to Code Section 3324-59.10." SECTION 1.1. Said chapter is further amended by adding a new article to read as follows: Senators Hill of the 32nd, Bethel of the 54th and Rogers of the 21st offered the following amendment #1a: Amend Amendment 1 to SB 471 by striking "shall" on lines 2 & 21 and replace with "may" On the adoption of amendment #1a, the President asked unanimous consent. 1426 JOURNAL OF THE SENATE Senator Carter of the 42nd objected. On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson N Williams On the adoption of the amendment, the yeas were 34, nays 17, and the Hill of the 32nd, et al. amendment #1a to the Fort, Stoner amendment #1 was adopted. Senator Fort of the 39th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Fort, Stoner amendment #1 as amended was withdrawn. The Hill of the 32nd, et al. amendment #1a to the Fort, Stoner amendment #1 was moot. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Hamrick N Harbison Y Heath N Henson N Orrock N Paris E Ramsey Y Rogers WEDNESDAY, MARCH 7, 2012 1427 N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 36, nays 16. SB 471, having received the requisite constitutional majority, was passed. SB 489. By Senators Mullis of the 53rd, Unterman of the 45th, Albers of the 56th, Rogers of the 21st, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the Georgia Trauma Care Network Commission to report annually to the House and Senate Committees on Health and Human Services documenting certain outcomes and verifying certain expenditures of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Staton of the 18th, Mullis of the 53rd and Unterman of the 45th offered the following amendment #1: Amend SB 489 by deleting lines 19 through 21 and inserting in lieu thereof the following: Committee. Such report shall provide an update on state-wide trauma system development and the impact of fund distribution on trauma patient care and outcomes." 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. 1428 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. SB 489, having received the requisite constitutional majority, was passed as amended. The President resumed 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 100. By Representatives Peake of the 137th, Williams of the 4th, Lindsey of the 54th, Knight of the 126th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Titles 15, 9, 48, and 50 of the Official Code of Georgia Annotated, relating, respectively, to courts, civil practice, revenue and taxation, and state government, so as to create the Georgia Tax Court as a pilot project of limited duration under Article VI, WEDNESDAY, MARCH 7, 2012 1429 Section I, Paragraph X of the Georgia Constitution; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 818. By Representatives Parsons of the 42nd, Smith of the 131st and Smith of the 122nd: A BILL to be entitled an Act to amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, so as to include certain commercial geothermal heat pumps with the definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1080. By Representatives Purcell of the 159th, Neal of the 1st, Powell of the 171st, Cheokas of the 134th, Carter of the 175th and others: 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 eliminate the 9-1-1 Advisory Committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. 1430 JOURNAL OF THE SENATE SB 492. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; 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 492: A BILL TO BE ENTITLED AN ACT To amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and general authority, duties, and procedure relative to state purchasing, respectively, so as to require that state contract awards for heavy equipment follow certain specific procedures; 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. Code Section 36-91-21 of the Official Code of Georgia Annotated, relating to competitive award requirements, is amended by redesignating existing subsections (f) and (g) as subsections (g) and (h), respectively, and by adding a new subsection (f) to read as follows: "(f) Unless otherwise required by law, no governmental entity that contracts for public works construction shall in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract: (1) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or (2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects. Nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into agreements described in paragraph (1) of this subsection." WEDNESDAY, MARCH 7, 2012 1431 SECTION 2. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended by revising subsection (b) of Code Section 50-5-67, relating to state purchasing through competitive bidding, as follows: "(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. (2)(A) Any contract for the purchase of heavy equipment awarded by the state or any of its departments or divisions, including but not limited to the Department of Administrative Services, shall provide to the agency, department, municipality, or county which will be the end user of the heavy equipment the option to purchase such heavy equipment, so long as the dealer: (i) Is the exclusive dealer of heavy equipment for a manufacturer with an established manufacturing facility for the production of heavy equipment in this state; and (ii) Submitted a complete responsive bid as provided for under paragraph (1) of this subsection; provided, however, that such dealers shall have the option to provide either a fixed dollar price or a guaranteed minimum discount off of the manufacturer's suggested consumer list price for heavy equipment. (B) As used in this paragraph, the term 'heavy equipment' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines, weighing 5,000 pounds or more and primarily employed for construction, industrial, maritime, mining, or forestry use. The term shall not include: (i) Motor vehicles requiring registration and a certificate of title; (ii) Farm machinery, equipment, or implements; or (iii) Equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102." 1432 JOURNAL OF THE SENATE SECTION 3. Said part is further amended by revising Code Section 50-5-72, relating to construction and public works contracts conducted by the Department of Administrative Services and exceptions, as follows: "50-5-72. (a) Notwithstanding any other provision of this part or any other law dealing with the subject matter contained in this Code section to the contrary, all construction or public works contracts, exceeding a total expenditure of $100,000.00, of any department, board, bureau, commission, office, or agency of the state government, except as provided in this Code section, shall be conducted and negotiated by the Department of Administrative Services in accordance with this part; provided, however, that any expenditure of less than $100,000.00 shall still be subject to review and approval by the Department of Administrative Services, which may approve noncompetitive expenditures of up to $100,000.00. (b) All advertising costs incurred in connection with such contracts shall be borne by and paid from the funds appropriated to and available to the department, board, bureau, commission, office, or agency of the state government for which the contract is negotiated. (c) Unless otherwise required by law, the Department of Administrative Services shall not in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract: (1) Require or prohibit bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; or (2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects. Nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into agreements described in paragraph (1) of this subsection. (d) The commissioner of administrative services is authorized and directed to promulgate such rules and regulations as shall carry out the additional duties and responsibilities placed upon the department by this Code section. (e) Nothing contained in this Code section shall apply to or affect the Department of Transportation, the several public authorities of this state, including the Stone Mountain Memorial Association and the Board of Regents of the University System of Georgia, or the expenditure of money credited to the account of this state in the Unemployment Trust Fund by the secretary of the treasury of the United States pursuant to Section 903 of the Social Security Act and appropriated as provided in Code Section 34-8-85. No contract in existence on March 18, 1964, shall be affected by this Code section, and such contract may continue to be utilized." WEDNESDAY, MARCH 7, 2012 1433 SECTION 4. This Act shall become effective on July 1, 2012, and shall apply to all contracts entered into on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd offered the following amendment #1: Amend the Senate Transportation Committee Substitute to SB 492 (LC 39 0187S) by replacing "Any" after "(2)(A)"on line 48 with "In addition to the provisions of paragraph (1) of this subsection, any". By replacing lines 52-54 with the following: heavy equipment from a dealer which: (i) Is the exclusive dealer in this state of heavy equipment for a manufacturer; and On the adoption of the amendment, there were no objections, and the Mullis amendment #1 to the committee substitute was adopted. Senator Henson of the 41st offered the following amendment #2: Amend SB 492 (LC 39 0187S) by deleting Section 1 and Section 3 and renumbering accordingly. On the adoption of the amendment, the President asked unanimous consent. Senator Bethel of the 54th 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: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby E Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Sims N Staton N Stone Y Stoner Y Tate 1434 JOURNAL OF THE SENATE Y Davenport Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 35, and the Henson amendment #2 to the committee substitute was lost. Senator Orrock of the 36th offered the following amendment #3: Amend the Senate Transportation Committee substitute to SB 492 by inserting "to provide requirements for the procurement of services;" following "procedures;" on line 4. By inserting following line 25 the following: SECTION 1.1. Chapter 4 of Title 50 of the Official Code of Georgia Annotated, relating to organization of the executive branch generally, is amended by adding a new Code section to read as follows: "50-4-8. No contract between a state agency and a private provider or vendor for the provision of all or part of any governmental services provided by the agency or for the provision of any services to the agency shall be entered into on or after July 1, 2012, if any such services will be performed outside the boundaries of the United States, except for those limited circumstances where the nature of the service being performed is unique to that location and cannot be performed within the boundaries of the United States. If at any time during the performance of a contract the private contracting party uses any services which are performed outside the boundaries of the United States, such private contracting party shall be liable to the state agency for damages in an amount equal to the contract value of such services. Each such contract entered into on or after July 1, 2012, shall contain a provision requiring compliance with the provisions of this Code section and providing that a breach of such provision, at the election of the agency, shall constitute a breach of the contract. In the event an agency brings an action in any court to enforce such provisions, it shall be entitled to reasonable attorney's fees in addition to any other damages." Senator Mullis of the 53rd requested a ruling of the Chair as to the germaneness of amendment #3. The President ruled the Orrock amendment #3 to the committee substitute germane. WEDNESDAY, MARCH 7, 2012 1435 On the adoption of the amendment, the President asked unanimous consent. Senator Mullis of the 53rd 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 Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert Y Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans Golden Y Gooch Y Grant E Hamrick Y Harbison N Heath Y Henson N Hill, Jack Y Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk Y McKoon N Millar Y Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay Y Shafer Y Sims Y Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson Williams On the adoption of the amendment, the yeas were 27, nays 25, and the Orrock 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Orrock Y Paris E Ramsey Y Rogers N Seay 1436 JOURNAL OF THE SENATE Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Shafer N Sims Y Staton Y Stone N Stoner Y Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 10. SB 492, having received the requisite constitutional majority, was passed by substitute. SB 506. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Chapter 21 of Title 50 of the Official Code of Georgia Annotated, relating to waiver of sovereign immunity, so as to provide that state immunity extends to certain health care providers engaged in graduate medical education training programs in certain Georgia medical facilities; to provide for related matters; to repeal conflicting laws; and other purposes. Senators Mullis of the 53rd and Bethel of the 54th offered the following amendment #1: Amend SB506 by striking lines 31 and 32 and inserting the following: shall also include any health care provider receiving graduate medical education training affiliated with a medical education program located outside of this state but no more than 15 miles from this state when such graduate medical education training occurs in a hospital facility leased or governed by a hospital authority in this state and located no more than 15 miles from a border between this state and an adjacent state; provided, however, that such hospital authority shall be liable for any negligent acts or omissions to act by such a recipient of graduate medical education training committed in a hospital facility leased or governed by that hospital authority. An On the adoption of the amendment, there were no objections, and the Mullis, Bethel amendment #1 was adopted. WEDNESDAY, MARCH 7, 2012 1437 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 Albers Y Balfour N Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 3. SB 506, having received the requisite constitutional majority, was passed as amended. The following House legislation was read the first time and referred to committee: HB 100. By Representatives Peake of the 137th, Williams of the 4th, Lindsey of the 54th, Knight of the 126th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Titles 15, 9, 48, and 50 of the Official Code of Georgia Annotated, relating, respectively, to courts, civil practice, revenue and taxation, and state government, so as to create the Georgia Tax Court as a pilot project of limited duration under Article VI, Section I, Paragraph X of the Georgia Constitution; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. 1438 JOURNAL OF THE SENATE HB 247. By Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of all applicants for licensure and currently licensed emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 450. By Representatives Sims of the 169th, Powell of the 29th, Pruett of the 144th, Rogers of the 26th, Stephens of the 164th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to setoff debt collection, so as to authorize a setoff of certain debts owed to public housing authorities; to change certain provisions relating to definitions; to provide for procedures, conditions, and limitations; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 797. By Representatives Jones of the 46th, Coleman of the 97th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to revise funding for state chartered special schools; to provide for submittal of charter petitions to the Charter Committee of the State Board of Education; to provide for resubmittal of a charter petition to a local board of education upon expiration of the charter term of a state chartered special school; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Education and Youth Committee. HB 818. By Representatives Parsons of the 42nd, Smith of the 131st and Smith of the 122nd: A BILL to be entitled an Act to amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, so as to include certain commercial geothermal heat pumps with the WEDNESDAY, MARCH 7, 2012 1439 definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 868. By Representatives Collins of the 27th, Carter of the 175th, Atwood of the 179th, Hatchett of the 143rd, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Economic Development Committee. HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; 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 1080. By Representatives Purcell of the 159th, Neal of the 1st, Powell of the 171st, Cheokas of the 134th, Carter of the 175th and others: 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 eliminate the 9-1-1 1440 JOURNAL OF THE SENATE Advisory Committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Veterans, Military and Homeland Security Committee. The Calendar was resumed. SR 843. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Mr. Bert Ward and dedicating a bridge in his memory; and for other purposes. The Senate Transportation Committee offered the following substitute to SR 843: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I WHEREAS, Mr. Bert Ward was born on May 30, 1922, in Catoosa County, Georgia, was educated in the Catoosa County public school system, and graduated from Ringgold High School; and WHEREAS, Mr. Ward served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting his fellow Americans during World War II on the USS Gillis and the USS Williamson in the Pacific; and WHEREAS, he sustained injuries during his service when his ship was torpedoed by Japanese submarines in the North Pacific; and WHEREAS, upon returning home after the war, Mr. Ward continued his public service as Catoosa County Tax Commissioner, diligently and conscientiously devoting innumerable hours of his time, talents, and energy toward the betterment of his community and state for 19 years; and WHEREAS, he was elected to represent Catoosa County as a State Representative in the Georgia General Assembly in 1967 and 1968; and WHEREAS, Mr. Ward served as a judge in Catoosa County for several years before he was elected to serve on the Board of Commissioners of Catoosa County; and WHEREAS, as a member of the Board of Commissioners, Mr. Ward was instrumental in establishing procedures, policies, and rules and regulations of the board and helped in the WEDNESDAY, MARCH 7, 2012 1441 establishment of the county's 911emergency response system and the naming of the Catoosa Parkway; and WHEREAS, Mr. Ward's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized. PART II WHEREAS, the Rev. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and WHEREAS, Rev. King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and WHEREAS, in 1957, he was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over 6 million miles and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and WHEREAS, he also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and 1442 JOURNAL OF THE SENATE WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and WHEREAS, it is fitting and proper to dedicate the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr. Parkway as an appropriate tribute to this outstanding Georgian. PART III WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for 19 years, the last several as general manager; and WHEREAS, he also served two years on active duty with the United States Army in Korea; and WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six, four-year terms; and WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; and building and operating an animal shelter, 16 fire stations, and 126 bridges; and WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and WEDNESDAY, MARCH 7, 2012 1443 WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they have two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established. PART IV WHEREAS, Dr. Johnny M. Hunt has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and WHEREAS, Dr. Hunt was born on July 17, 1952, in Lumberton, North Carolina, and is a graduate of Gardner-Webb College and Southeastern Baptist Theological Seminary; and WHEREAS, he has served as pastor of Longleaf Baptist Church in Wilmington, North Carolina; Falls Baptist Church in Wake Forest, North Carolina; and Lavonia Baptist Church in Mooresboro, North Carolina; and WHEREAS, Dr. Hunt was called by the Lord in 1986 to lead the congregation of First Baptist Church of Woodstock as the church's senior pastor; and WHEREAS, his vision and direction have helped First Baptist Church of Woodstock grow in size and influence, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship; and WHEREAS, Dr. Hunt has served as president of the Southern Baptist Convention and president of the Pastors' Conference of the Southern Baptist Convention; and WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Hunt serves as a shining example of God's righteous path; and WHEREAS, the unmatched spiritual assistance offered by Dr. Hunt is a source of strength and direction for persons in all walks of life and from all economic strata; and WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized. 1444 JOURNAL OF THE SENATE PART V 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, Korean War veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and WHEREAS, they served as guardians of this nation's freedom and liberty and diligently and conscientiously underwent intensive and rigorous training in order to serve their country with honor and distinction during a time of war; and WHEREAS, it is important that Korean War veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and WHEREAS, Korean War veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately. PART VI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Lance Corporal William Taylor Richards; and WHEREAS, Lance Corporal Richards served as a guardian of this nation's freedom and liberty with the United States Marines Corps; and WHEREAS, he was born on January 31, 1990, in Trenton, Georgia, and graduated from Dade County High School, where he was known as a talented musician; and WHEREAS, Lance Corporal Richards was stationed in the Helmand province of Afghanistan when he was killed while serving in support of Operation Enduring Freedom; and WHEREAS, Lance Corporal Williams was awarded a Rifle Expert Medal, an Afghanistan Campaign Medal, a National Defense Service Medal, a Global War Service Medal, a War on Terrorism Medal, and a Purple Heart; and WHEREAS, he leaves behind many who will cherish his memory, including his wife Emily and his beautiful daughter Kayden Leigh; and WEDNESDAY, MARCH 7, 2012 1445 WHEREAS, it is only fitting and proper that a lasting memorial to Lance Corporal Richards' life of service to his country be established. PART VII WHEREAS, Mr. William G. Long has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Long diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to the City of Woodstock as a city council member, a member of the Planning Commission, a city judge, and mayor over the course of 40 years; and WHEREAS, first elected to serve the public in 1966 as a member of the Woodstock City Council, Mr. Long is one of Woodstock's most distinguished citizens and dedicated servants; and WHEREAS, Mr. Long's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART VIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Preston B. Lewis, Jr.; and WHEREAS, a graduate of Waynesboro High School, Mr. Lewis served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting America during the Korean War; and WHEREAS, he trained at the United States Navy Submarine School, received a Bronze Star, and attained the rank of captain; and WHEREAS, Mr. Lewis graduated from the University of Georgia with a bachelor's degree in business administration and a law degree before he joined his father's legal practice, Lewis & Lewis, where he practiced law for 30 years; and WHEREAS, he served as juvenile court judge for more than 30 years and served the people of Georgia as a member of the Georgia House of Representatives for six terms and the Georgia Senate for one term; and 1446 JOURNAL OF THE SENATE WHEREAS, a community leader, Mr. Lewis was a Rotarian and served as president of the Waynesboro Shrine Club and as a member of the Waynesboro Masonic Lodge, the American Legion, and First United Methodist Church; and WHEREAS, he left behind many who will cherish his memory, including his wife of 58 years, Katherine Honey Hill; four children, Preston Brooks Lewis III, Clifford Ellis Lewis, Julian Carlton Lewis, and Katherine Virginia Lewis Jones; and 11 grandchildren; and WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Lewis' life of service to this state be established. PART IX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and WHEREAS, Deputy Paugh was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, known by friends and family as "J.D.," Deputy Paugh was a dedicated deputy with the Richmond County Sheriff's Office for 17 years; and WHEREAS, Deputy Paugh's life was tragically cut short after stopping behind a vehicle on Interstate Route 520 in Augusta-Richmond County when the occupant of the vehicle opened fire upon him; and WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and WHEREAS, a native of Augusta, Georgia, Deputy Paugh was the beloved son of Wayne and Anita Paugh and father of Brandon; and WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him. PART X NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that: (1) The bridge on Catoosa Parkway over Tiger Creek in Catoosa County is dedicated as the Bert Ward Memorial Bridge; WEDNESDAY, MARCH 7, 2012 1447 (2) The entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line is dedicated as the Martin Luther King, Jr. Parkway; (3) This body desires to honor Roy Parrish by renaming the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway; (4) The portion of State Route 92 in Cherokee County from Neese Road to Trickum Road is dedicated as the Johnny Hunt Highway; (5) This body hereby joins in honoring veterans of the Korean War and dedicates Interstate 59 in Dade County from the Alabama state line to the interchange with I-24 as the Korean War Veterans Memorial Highway; (6) This body hereby joins in honoring the life and memory of Marine Lance Corporal William Taylor Richards and dedicates the portion of Highway 11 in Dade County from the Alabama state line to the Tennessee state line as the Lance Corporal William Taylor Richards Memorial Highway; (7) The interchange at Interstate 575 and Ridgewalk Parkway in the City of Woodstock is dedicated as the William G. Long Interchange at Ridgewalk Parkway; (8) This body hereby joins in honoring the life and memory of Mr. Preston B. Lewis, Jr., and dedicates the portion of U.S. Highway 25N from Waynesboro to Walnut Branch as the Preston B. Lewis, Jr., Memorial Highway; (9) The portion of Interstate Route 520 in Richmond County from Exit 2 (Wrightsboro Road) to Exit 3 (Gordon Highway) is dedicated as the Deputy James D. Paugh Memorial Highway; (10) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and (11) The Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the family of Mr. Bert Ward, the family of Rev. Martin Luther King, Jr., the family of Roy Parrish, Jr., the family of Dr. Johnny M. Hunt, and the family of Marine Lance Corporal William Tyler Richards, the Honorable William G. Long, the family of Mr. Preston B. Lewis, Jr., and the family of Deputy James D. Paugh. On the 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 Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris E Ramsey 1448 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 54, nays 0. SR 843, having received the requisite constitutional majority, was adopted by substitute. SR 873. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares of the 17th, Staton of the 18th and others: A RESOLUTION authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Fulton, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate State Institutions and Properties Committee offered the following substitute to SR 873: A RESOLUTION Authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 7, 2012 1449 WHEREAS, the State of Georgia is the owner of certain real property located in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; and WHEREAS, Central Georgia Joint Development Authority, Georgia Department of Transportation, Greystone Power Corporation, Flint EMC, Georgia Department of Natural Resources, Georgia Department of Transportation, Georgia Power Company, Jackson EMC, John S. Braddy and L & M Farms, Inc. desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property, and restrictive easements; and WHEREAS, these restrictive easements, facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Department of Corrections, Department of Natural Resources, Georgia Bureau of Investigation, Georgia Forestry Commission, State Properties Commission, and the Technical College System of Georgia. 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 hereinafter described real property lying and being in Land Lot 321 of District 23, Section 2, Bartow County, Georgia, and that the property is in the custody of the Georgia Forestry Commission which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of an electrical power line. Said easement area is located at 3700 Hwy. 140, Rydal, Georgia and is more particularly described as follows: That approximately 0.301 of an acre easement area and that portion only as shown highlighted in yellow on a drawing prepared by Rhodes Engineering Services (Paul R. Rogers, RLS) and being Job Title- Survey for State of Georgia, Department of The Georgia Forestry Commission. and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. 1450 JOURNAL OF THE SENATE SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line. SECTION 5. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns. SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. WEDNESDAY, MARCH 7, 2012 1451 SECTION 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 10. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 14. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 205, 206, 211, and 212, 5th. Land District, Bibb County and in Land Lots 250, 255, 265, 266, and 272, 5th. Land District, Houston County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does 1452 JOURNAL OF THE SENATE not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Central Georgia Joint Development Authority (a State entity serving Bibb, Crawford, Houston, Jones, Monroe and Twiggs Counties), or its successors and assigns, a nonexclusive easement for the purpose of a restrictive easement to eliminate incompatible land use around Robins Air Force Base ("the Base") in Bibb and Houston Counties, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement is near or adjacent to the Base at Echeconnee Creek Natural Area in Bibb and Houston Counties, Georgia, and is more particularly described as follows: That approximately 527.5 acres portion and that portion only as shown on a drawing prepared by Department of Natural Resources stamped Exhibit "A" showing the 367.924 acres in Houston County and the 159.576 acres in Bibb County highlighted in black outline, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 16. That the above-described premises shall be used solely for the purpose of a restrictive easement. SECTION 17. That, after the Central Georgia Joint Development Authority completes the restrictive easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Central Georgia Joint Development Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 18. That no title shall be conveyed to the Central Georgia Joint Development Authority and, except as herein specifically granted to the Central Georgia Joint Development Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Central Georgia Joint Development Authority. WEDNESDAY, MARCH 7, 2012 1453 SECTION 19. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 21. That the easement granted to the Central Georgia Joint Development Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 22. That the consideration for such easement shall be future conveyance by the Central Georgia Joint Development Authority to the State of Georgia of additional properties to be used as buffer for the Base, such properties to be subject to the same easement restrictions, and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia. 1454 JOURNAL OF THE SENATE SECTION 23. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bibb and Houston Counties and a recorded copy shall be forwarded to the State Properties Commission. SECTION 24. That the authorization in this resolution to grant the above-described restrictive easement to the Central Georgia Joint Development Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 25. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 26. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 245, 3rd. Land District, Butts County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 27. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the purpose of widening SR 36 at Towaliga River in Butts County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Butts County, Georgia, and is more particularly described as follows: That approximately 0.13 of an acre portion and that portion only as shown in yellow on a drawing prepared by Lowe Engineers and being Project No. BRSTO-0054-01(064), and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 28. That the above-described premises shall be used solely for the purpose of widening SR 36 at Towaliga River. WEDNESDAY, MARCH 7, 2012 1455 SECTION 29. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road widening. SECTION 30. That, after the Georgia Department of Transportation completes the road widening project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 31. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 32. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon 1456 JOURNAL OF THE SENATE written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 34. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 35. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 36. That this grant of easement shall be recorded by the grantee in the Superior Court of Butts County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 37. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IV SECTION 39. That the State of Georgia is the owner of the hereinafter described real property lying and being in 5th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. WEDNESDAY, MARCH 7, 2012 1457 SECTION 40. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of replacing and upgrading an old utility line. Said easement area is located at Skidaway Island State Park, Chatham County, Georgia and is more particularly described as follows: That approximately 2.9 acre easement area and that portion only as shown highlighted in orange on a drawing marked Exhibit "A" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 41. That the above-described premises shall be used solely for the purpose of replacing and upgrading the old utility line. SECTION 42. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line. SECTION 43. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns. SECTION 44. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 45. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its 1458 JOURNAL OF THE SENATE discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 46. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 47. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 48. That the consideration for such easement shall be for fair market value not less than $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 49. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 50. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. WEDNESDAY, MARCH 7, 2012 1459 SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE V SECTION 52. That the State of Georgia is the owner of the hereinafter described real property lying and being in 6th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Bureau of Investigation, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 53. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is located at the Coastal Regional Crime Lab, Savannah Regional Drug Office, and the Bomb Truck Garage in Savannah, Georgia and is more particularly described as follows: That approximately 0.027 and 0.10 of an acre easement areas and that portion only as shown highlighted in purple on two drawings prepared by Harmon A. Vedder and being Job Title Little Ogeechee-New Dutchtown 115V Transmission Line Parcel 177 (0.10 Acre) and Parcel 178 (0.27 Acre). and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 54. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 55. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said electrical power line. SECTION 56. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power 1460 JOURNAL OF THE SENATE Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns. SECTION 57. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 58. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 59. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 60. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. WEDNESDAY, MARCH 7, 2012 1461 SECTION 61. That the consideration for such easement shall be $46,500 and Georgia Power Company has agreed to provide as in-kind-cost-to-cure to GBI for the removal of existing trees, the planting of 29 Japanese Ligustrum trees and centipede sod, the installation of an irrigation system, and a two year maintenance and guarantee, to be installed upon completion of the transmission line, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 62. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 63. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VI SECTION 65. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 470, Seventh Land District, Clinch County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 66. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the purpose of construction of a road widening project for US Hwy 441 Widening Project No. EDS-441(46) Clinch County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Clinch County, Georgia, and is more particularly described as follows: Those approximately 0.045 of an acre portion and that portion only as shown in yellow on a drawing prepared by Georgia Department of Transportation and being Job Title 1462 JOURNAL OF THE SENATE "US Hwy 441 Widening Project, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 67. That the above-described premises shall be used solely for the purpose of constructing the road widening project. SECTION 68. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road widening. SECTION 69. That, after the Georgia Department of Transportation completes the road widening project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 70. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 71. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 72. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the WEDNESDAY, MARCH 7, 2012 1463 easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 73. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 74. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 75. That this grant of easement 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 76. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 77. 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. 1464 JOURNAL OF THE SENATE ARTICLE VII SECTION 78. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 176 and 180, 1st. District, 5th. Section, Douglas County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 79. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation and maintenance of an electrical power line. Said easement area is located at the Sweetwater Creek State Park, Riverside Parkway in Douglas County and is more particularly described as follows: That approximately 2.74 acres easement area and that portion only as shown highlighted in blue on that drawing prepared by Greystone Power Corporation, and being Job "Exhibit A" Riverside Parkway Double Circuit Land Lot 176, 1st.District, 5th. Section, Douglas County, and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 80. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 81. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line. SECTION 82. That, after Greystone Power Corporation has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns. WEDNESDAY, MARCH 7, 2012 1465 SECTION 83. That no title shall be conveyed to Greystone Power Corporation and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation. SECTION 84. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 85. That the easement granted to Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 86. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. 1466 JOURNAL OF THE SENATE SECTION 87. That the consideration for such easement shall be fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 88. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 89. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 90. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VIII SECTION 91. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 26 of the 14th. Land District, 3rd. Section, Gordon County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 92. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area to reconstruct the Interchange Improvement at I-75 Interchange located on the Northwest corner side of SR 136 and I-75 in Resaca, Gordon County and is more particularly described as follows: That approximately 0.030 acre easement area and that portion only as shown highlighted in Orange and an area shown colored in Pink for the reconstruction of a driveway on that drawing prepared by Briendley Pieters & Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. WEDNESDAY, MARCH 7, 2012 1467 SECTION 93. That the above-described premises shall be used solely for the purpose of reconstructing the Interchange Improvement at I-75 Interchange @SR 136 in Gordon County, Georgia. SECTION 94. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction of the road reconstruction. SECTION 95. That, after Georgia Department of Transportation has constructed the road reconstruction this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the road reconstruction shall become the property of the State of Georgia, or its successors and assigns. SECTION 96. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation. SECTION 97. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. 1468 JOURNAL OF THE SENATE SECTION 98. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 99. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 100. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 101. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 102. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 103. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX SECTION 104. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 13 of the 14th. Land District, Gordon County, Georgia, and that the property is in the custody of the State Properties Commission, which does not object to WEDNESDAY, MARCH 7, 2012 1469 the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 105. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area for the construction of a road widening at SR3/US41/SR136 at SR136 in Gordon County and is more particularly described as follows: That approximately 0.121 acre easement area and that portion only as shown highlighted in Orange on that drawing prepared by Briendley Pieters & Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 106. That the above-described premises shall be used solely for the purpose of constructing a road widening at SR3/US41/SR136 at SR136 in Gordon County, Georgia. SECTION 107. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction of the road widening. SECTION 108. That, after Georgia Department of Transportation has constructed the road widening this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the road widening shall become the property of the State of Georgia, or its successors and assigns. SECTION 109. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation. 1470 JOURNAL OF THE SENATE SECTION 110. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 111. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 112. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 113. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 114. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. WEDNESDAY, MARCH 7, 2012 1471 SECTION 115. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. 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 X SECTION 117. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 169, 171, 10th. Land District, Hall County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 118. That the State of Georgia, acting by and through its State Properties Commission, may grant to Hall County, or its successors and assigns, a nonexclusive easement for the purpose of constructing, maintaining, and operating county roads in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows: That approximate total .407 of an acre consisting of three parcels of 0.007, 0.12, and 0.28 acres and that portion only as shown in red on an Exhibit "A" labeled Don Carter State Park Road Easements, Hall County and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 119. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating county roads at Don Carter State Park. SECTION 120. That Hall County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said roads. 1472 JOURNAL OF THE SENATE SECTION 121. That after Hall County completes the road construction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Hall County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 122. That no title shall be conveyed to Hall County and, except as herein specifically granted to Hall County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Hall County. SECTION 123. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 124. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. WEDNESDAY, MARCH 7, 2012 1473 SECTION 125. That the easement granted to Hall County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 126. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 127. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 128. That the authorization in this resolution to grant the above-described easement to Hall County shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 129. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XI SECTION 130. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165, 166, 168-172, 10th. Land District and Land Lots 96, 97, 120, 12th. Land District, GMD 1695, Hall County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 131. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jackson EMC, or its successors and assigns, a nonexclusive easement for the purpose of installing, maintaining, and operating overhead power lines in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of 1474 JOURNAL OF THE SENATE Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows: That approximate area shown (engineered drawings to follow for approximate area and as built surveys to be provided upon completion of installation) and that portion only as shown in blue on an Exhibit "A" labeled Don Carter State Park Power Lines, Hall County and being on file in the offices of the State Properties Commission; and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 132. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating power lines at Don Carter State Park. SECTION 133. That Jackson EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said power lines. SECTION 134. That after Jackson EMC completes the utility lines project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment Jackson EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 135. That no title shall be conveyed to Jackson EMC and, except as herein specifically granted to Jackson EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Jackson EMC. SECTION 136. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. WEDNESDAY, MARCH 7, 2012 1475 SECTION 137. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 138. That the easement granted to Jackson EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 139. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 140. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 141. That the authorization in this resolution to grant the above-described easement to Jackson EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 142. 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. 1476 JOURNAL OF THE SENATE ARTICLE XII SECTION 143. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165 and 166, 10th. District, Houston County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 144. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint EMC, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is located at the Middle Georgia Technical College, Main Campus, Houston County and is more particularly described as follows: That approximately 0.774 of an acre easement areas (two areas comprised of 0.104 and 0.162 acres) and that portion only as shown highlighted in yellow on that survey prepared by Christopher A. Branscom, Georgia Registered Surveyor No. 3164 and being Job Title Easement Plats for Flint Energies, Waddell & Company and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 145. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 146. Flint EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation and maintenance of said electrical power line. SECTION 147. That, after Flint EMC has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment Flint EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns. WEDNESDAY, MARCH 7, 2012 1477 SECTION 148. That no title shall be conveyed to Flint EMC and, except as herein specifically granted to Flint EMC all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint EMC. SECTION 149. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 150. That the easement granted to Flint EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 151. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 152. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 1478 JOURNAL OF THE SENATE SECTION 153. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 154. That the authorization in this resolution to grant the above-described easement to Flint EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 155. 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 156. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 134th. GMD, McDuffie County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 157. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an underground electrical power line. Said easement area is located at the Thompson campus of Augusta Technical College in McDuffie County and is more particularly described as follows: That approximately 0.101 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by WK Dickson and being Job Title "Utility Plan Augusta Technical College Aircraft Technology Building Project #DTAE147" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 158. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 159. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation and maintenance of said electrical power line. WEDNESDAY, MARCH 7, 2012 1479 SECTION 160. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns. SECTION 161. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 162. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 163. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. 1480 JOURNAL OF THE SENATE SECTION 164. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 165. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 166. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 167. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 168. 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 XIV SECTION 169. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 295, 9th. District, Newton County, Georgia, and the property is in the custody of the Technical College System of Georgia which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 170. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the reconstruction of SR 142 under DOT Project NumberSTP-00-1418-00(003) in Newton County, Georgia together with the right of ingress and WEDNESDAY, MARCH 7, 2012 1481 egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Newton County, Georgia, and is more particularly described as follows: That approximately 0.0107 acre easement area and that portion only as shown in orange on a drawing prepared by Georgia Department of Transportation and being Job Title Project No. STP-00-1418-00(003), and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 171. That the above-described premises shall be used solely for the purpose of the road reconstruction project. SECTION 172. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the road reconstruction project. SECTION 173. That, after the Georgia Department of Transportation completes the road reconstruction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 174. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 175. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. 1482 JOURNAL OF THE SENATE SECTION 176. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 177. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 178. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 179. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 180. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 181. 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. WEDNESDAY, MARCH 7, 2012 1483 ARTICLE XV SECTION 182. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1645th. GMD, Tattnall County, Georgia, and that the property is in the custody of the Georgia Department of Corrections, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 183. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Federal Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Department of Corrections' Georgia State Prison Property in Tattnall County, Reidsville, Georgia and is more particularly described as follows: That approximately 0.0574 of an acre easement area and that portion only as shown highlighted in Gold on that drawing prepared by Georgia Power Company Land Department and being Job Title "Plant Hatch Alert Notification (Siren) System Exhibit "A" Map, Siren #045" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 184. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment. SECTION 185. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said siren. SECTION 186. That, after Georgia Power Company has put into use the siren this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the siren shall become the property of the State of Georgia, or its successors and assigns. 1484 JOURNAL OF THE SENATE SECTION 187. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 188. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 189. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 190. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. WEDNESDAY, MARCH 7, 2012 1485 SECTION 191. That the consideration for such easement shall be for fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 192. That this grant of easement 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 193. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 194. 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 XVI SECTION 195. That the State of Georgia is the owner of the hereinafter described real property lying and being in original Land Lot 32, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 196. That the State of Georgia, acting by and through its State Properties Commission, may grant to John S. Braddy a nonexclusive easement for a permanent access easement together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. The easement will terminate at the time that John S. Braddy transfers property title or at the time John S. Braddy is deceased. Said easement area is located at 4333 Okefenokee Swamp Road, Waycross, Ga. 31503 in Ware County, Georgia, and is more particularly described as follows: That 0.207 of an acre portion and that portion only as shown highlighted in yellow on a drawing prepared by D Lavone Herrin and being Job Title "Resurvey of 0.813 Acre including 25' Easement", and all being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. 1486 JOURNAL OF THE SENATE SECTION 197. That the above-described premises shall be used solely for the purpose of a permanent access easement. SECTION 198. That John S. Braddy shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the permanent access easement. SECTION 199. That, after John S. Braddy has put into use the permanent access easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, John S. Braddy, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 200. That no title shall be conveyed to the John S. Braddy, and, except as herein specifically granted to John S. Braddy, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to John S. Braddy. SECTION 201. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 202. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or WEDNESDAY, MARCH 7, 2012 1487 relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 203. That the easement granted to John S. Braddy shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 204. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 205. 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 206. That the authorization in this resolution to grant the above-described easement to John S. Braddy shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 207. 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 XVII SECTION 208. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 12, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. 1488 JOURNAL OF THE SENATE SECTION 209. That the State of Georgia, acting by and through its State Properties Commission, may grant to Steve and Julie Mullis/L & S Mullis Farms, Inc. a nonexclusive easement for a permanent access easement and installation of a power line/pole at Dixon Memorial State Forest together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement will be for a total of 45' in width (30' for the road and 15' for the power line/pole). The easement will be for farm access only and if the land is converted or rezoned for other than agriculture purposes the easement is terminated and reverts back to the Georgia Forestry Commission. Said easement area is located on Lloyd Strickland Road in the Dixon Memorial State Forest in Ware County, Georgia, and is more particularly described as follows: That 0.944 of an acre portion and that portion only as shown highlighted in yellow on a survey prepared by Registered Surveyor, Charles H. Tomberlin and being titled Survey for L & S Mullis Farms, Inc., and being on file in the offices of the State Properties Commission, and more particularly described in said plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 210. That the above-described premises shall be used solely for the purpose of a permanent access easement and power line/pole installation. SECTION 211. That L & S Mullis Farms, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the permanent access easement. SECTION 212. That, after L & S Mullis Farms, Inc. has put into use the permanent access easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, L & S Mullis Farms, Inc. or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 213. That no title shall be conveyed to L & S Mullis Farms, Inc., and except as herein specifically granted to L & S Mullis Farms, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to L & S Mullis Farms, Inc. WEDNESDAY, MARCH 7, 2012 1489 SECTION 214. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 215. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 216. That the easement granted to L & S Mullis Farms, Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 217. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 218. 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. 1490 JOURNAL OF THE SENATE SECTION 219. That the authorization in this resolution to grant the above-described easement to L & S Mullis Farms, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 220. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVIII SECTION 221. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XIX SECTION 222. That all laws or parts of laws in conflict with this resolution are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson WEDNESDAY, MARCH 7, 2012 1491 Y Goggans Y Golden Y Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 55, nays 0. SR 873, having received the requisite constitutional majority, was adopted by substitute. Senator Thompson of the 5th asked unanimous consent to drop SB 501 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 501 was placed at the foot of the Rules Calendar. SB 379. By Senators Chance of the 16th, Mullis of the 53rd, Stoner of the 6th, Jackson of the 2nd, Albers of the 56th and others: A BILL to be entitled an Act to amend Part 5 of Article 3 of Chapter 12 of Title 44 of the Official Code of Georgia Annotated, relating to pawnbrokers, so as to provide for limitations regarding certain fees or taxes for pawnbroker transactions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Senate Economic Development Committee offered the following amendment: Amend SB 379 by inserting at the end of line 19 after the period the following: This subsection shall not apply to any adopted ordinance or resolution effective prior to the effective date of this subsection. On the adoption of the amendment, there were no objections, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bill as amended, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers N Balfour N Bethel Y Bulloch Y Butler N Carter, B Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson N Orrock N Paris E Ramsey Y Rogers Y Seay N Shafer 1492 JOURNAL OF THE SENATE N Carter, J Y Chance Y Cowsert N Crane N Crosby N Davenport Y Davis N Fort N Ginn Y Goggans Golden Y Gooch Y Grant N Hooks Y Jackson, B Y Jackson, L N James Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar N Miller N Mullis Y Murphy Y Sims Y Staton N Stone Y Stoner N Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 29, nays 24. SB 379, having received the requisite constitutional majority, was passed as amended. Senator Miller of the 49th asked unanimous consent to drop SB 468 to the foot of today's Senate Rules Calendar. The consent was granted, and SB 468 was placed at the foot of the Rules Calendar. At 5:19 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. Senator Bulloch of the 11th was excused for business outside the Senate Chamber. 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 985. By Representatives Powell of the 29th and Rice of the 51st: 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 provisions relating to temporary license plates for motor vehicles; to WEDNESDAY, MARCH 7, 2012 1493 provide for an extension of time for registration of motor vehicles under certain circumstances; to remove lamination requirements for motor vehicle decals; to provide for the furnishing of motor vehicle driver information to the Department of Revenue for the purpose of detecting fraud; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the O.C.G.A., relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Title 51 of the O.C.G.A., relating to torts, so as to provide for civil liability for wrongful death caused by assisted suicide; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1119. By Representative Sims of the 169th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1120. By Representative Sims of the 169th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1121. By Representative Sims of the 169th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Coffee County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 1494 JOURNAL OF THE SENATE Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 827. By Representatives Hembree of the 67th, Talton of the 145th, Purcell of the 159th, Hanner of the 148th, Neal of the 1st and others: A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to modify provisions relating to fleeing or attempting to elude a pursuing police vehicle or police officer; to increase the penalty for fleeing or attempting to elude under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th: A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1051. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. HB 1052. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th 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 WEDNESDAY, MARCH 7, 2012 1495 (Ga. L. 1965, p. 2243), as amended, so as to reconstitute the board of directors; to provide for staggered terms for board members; provide for a limit on re-appointment of board members; to provide for a method for nonparticipating counties to join the Authority; to prohibit the Authority from entering into certain transactions; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SB 438. By Senators Crane of the 28th, Rogers of the 21st, Shafer of the 48th, Williams of the 19th, Ligon, Jr. of the 3rd 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 the state employees' health insurance plan, so as to provide that no health insurance plan for employees of the state shall offer coverage for abortion services; to repeal conflicting laws, and for other purposes. The Senate Insurance and Labor Committee offered the following substitute to SB 438: 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 the state employees' health insurance plan, so as to provide that no health insurance plan for employees of the state shall offer coverage for abortion services; 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 the state employees' health insurance plan, is amended by revising subsection (a) of Code Section 45-18-2, relating to the board's authority to establish health insurance plan, rules and regulations, provisions of plan generally, and coverage for retiring or retired employees, as follows: "(a) The board is authorized to establish a health insurance plan for employees of the state and to adopt and promulgate rules and regulations for its administration, subject to the limitations contained in this part. The health insurance plan may provide for group hospitalization and surgical and medical insurance against the financial costs of hospitalization, surgery, and medical treatment and care and may also include, among other things, prescribed drugs, medicines, prosthetic appliances, hospital inpatient and 1496 JOURNAL OF THE SENATE outpatient service benefits, dental benefits, vision care benefits, and medical expense indemnity benefits, including major medical benefits. No health insurance plan shall offer coverage for abortions as defined in Code Section 31-9A-2. This limitation shall not apply when a physician terminates a pregnancy in a manner which, in the reasonable medical judgment of the physician, provides the best opportunity for the unborn child to survive unless, in the reasonable medical judgment of the physician, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 42nd moved that SB 438 be placed on the Table. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour N Bethel E Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans Golden N Gooch Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion, the yeas were 19, nays 33; the motion lost, and SB 438 was not placed on the Table. WEDNESDAY, MARCH 7, 2012 1497 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon N Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 18. SB 438, having received the requisite constitutional majority, was passed by substitute. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 534. By Representatives Fullerton of the 151st, Willard of the 49th, Oliver of the 83rd, Powell of the 171st, Dukes of the 150th and others: A BILL to be entitled an Act to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements 1498 JOURNAL OF THE SENATE in certain counties, so as to modify the eligibility requirements; to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, powers of appointed clerks, so as to modify provisions relating to the application of the Code section; to amend Code Section 159-120 of the Official Code of Georgia Annotated, relating to definitions for probate courts, so as to modify provisions relating to the definition of probate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 861. By Representatives Harden of the 28th, Ramsey of the 72nd, Allison of the 8th, Dempsey of the 13th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers, so as to require law enforcement agencies to report drug related arrests to the Department of Human Services; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to require drug testing for applicants and recipients of state administered TANF benefits; to provide for legislative intent; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th, Hatchett of the 143rd and Dollar of the 45th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to the tax credit for film or video production in Georgia; to change certain provisions relating to the exemptions from sales and use tax for film producers and film production companies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1132. By Representatives Dickey of the 136th, Harden of the 147th, Carter of the 175th, McCall of the 30th and Carson of the 43rd: 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 oversight by the administrator of certain telemarketing practices; to provide for definitions; to provide for conduct by telephone solicitors; to provide for class actions; WEDNESDAY, MARCH 7, 2012 1499 to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 651. By Representatives Maxwell of the 17th, Dickson of the 6th, Ashe of the 56th, Amerson of the 9th, Neal of the 1st and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to repeal Code Section 202-165.1, relating to charter system earnings for each full-time equivalent student; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1066. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to alcoholic beverage licenses; to provide for staggered renewal dates for certain licenses; to revise certain provisions relating to sales of alcoholic beverages near churches, school buildings, and other sites; to declare certain distilled spirits to be contraband if not acquired from certain licensees; to establish an annual occupational license tax upon special event applicants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1110. By Representatives Cooper of the 41st, Benton of the 31st, Yates of the 73rd, Howard of the 121st, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise provisions relating to penalties relative to the owning or operating of unlicensed personal care homes; to authorize the Department of Community Health to provide for additional criminal offenses for background checks for owners and employees of personal care homes; to provide for related matters; to repeal conflicting laws; and for other purposes. 1500 JOURNAL OF THE SENATE HB 1165. By Representatives Clark of the 98th, Sheldon of the 105th, Rice of the 51st, Harrell of the 106th, Thomas of the 100th and others: A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, assessments against unreturned property, penalty for unreturned property, and changing real property values established by appeal in prior year, so as to eliminate a population provision; to provide for penalties for certain unreturned property; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 681. By Representatives Dickerson of the 95th, Fludd of the 66th, Clark of the 104th, Harrell of the 106th, Rice of the 51st 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 revise definitions relating to food sales establishments and food service establishments; to exempt certain activities relating to public and private schools and nonprofit entities; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th, Oliver of the 83rd and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the O.C.G.A., relating to equitable remedies and proceedings generally and public assistance, respectively, so as to comprehensively address the submission of false claims to the state, the Georgia Medicaid program, and local governments; to enact the "Georgia Taxpayer Protection False Claims Act"; to substantially revise the "State False Medicaid Claims Act"; to change and provide for definitions; to change the elements of false or fraudulent Medicaid claims; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 940. By Representatives Pak of the 102nd, Ramsey of the 72nd, Atwood of the 179th, Setzler of the 35th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the Georgia Public WEDNESDAY, MARCH 7, 2012 1501 Defender Standards Council, so as to change certain provisions relating to payment of attorney in event of conflict of interest in capital cases, number of attorneys appointed, county governing authority's financial responsibility, and expenses; to repeal conflicting laws; and for other purposes. HB 946. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and brokers, so as to prohibit certain mortgage activities without a license; to provide for qualifications for the issuance of a mortgage loan originator license; to provide for the power of the department to revoke or decline to issue a license or registration in certain instances; to provide for the prohibition of certain conduct by persons engaged in mortgage activities; to provide for a grace period for serving residential mortgages with an inactive license or registration; to provide for certain criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1048. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to who may serve process; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees collected by superior court clerks, so as to provide for filing fees for applications for certified process servers; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1089. By Representatives Carson of the 43rd, Rice of the 51st, Manning of the 32nd, Ehrhart of the 36th, Lindsey of the 54th and others: A BILL to be entitled an Act to repeal and reserve Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. 1502 JOURNAL OF THE SENATE SB 292. By Senators Albers of the 56th, Rogers of the 21st, Gooch of the 51st, Shafer of the 48th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, so as to enact the "Social Responsibility and Accountability Act"; to define certain terms; to provide that the Department of Human Services shall create an established drug test to be administered to each applicant for temporary assistance for needy families or Medicaid benefits; to provide requirements; to provide that each applicant shall undergo a drug test in order to qualify for benefits; to provide that any person who fails such drug test shall be ineligible to receive benefits; to provide for reapplication; to provide for children's benefits; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 18, 2012 Honorable John Albers State Senator Coverdell Legislative Office Building, Room 324-B Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 292 (LC 33 4358) Dear Senator Albers: This bill would require applicants for both Temporary Assistance for Needy Families (TANF) and Georgia Medicaid to undergo drug testing as a condition for receiving benefits. Those testing positive for controlled substances would be ineligible to receive WEDNESDAY, MARCH 7, 2012 1503 TANF and/or Medicaid benefits for specified time periods. The state Department of Human Services (DHS) would be required to select which particular type of drug test to adopt and to develop regulations applicable to the drug testing function for TANF applicants. The Department of Community Health (DCH) would be required to do likewise for applicants of medical assistance. Dependent children under the age of 18 would be exempt; however, parents of dependent children who receive TANF and/or Medicaid benefits would be subject to such testing as well as protective payees, who are designated adults receiving benefits on behalf of the dependents. The cost of the drug tests would be the responsibility of the applicant. However, TANF applicants whose test results are negative would receive reimbursement in the form of an increase in their initial TANF benefit. Additionally, regarding Medicaid applicants whose test results are negative, the bill directs DCH to increase the amount of the person's initial medical assistance by the amount they paid for the drug testing. Overall, the bill's fiscal impact is presented through the following two distinct considerations: 1) an estimated annual cost, ranging from approximately $20.4 million to $48 million each year, to administer the TANF and Medicaid drug testing functions and 2) an estimated reduction in TANF and Medicaid benefit expenditures totaling approximately $16.5 million annually, based upon the extent to which applicants may test positive for drugs and, consequently, be ineligible to receive benefits. Resultantly, the net fiscal impact of implementing the bill is estimated to cost from $3.8 million to $31.5 million annually. It should be noted that these figures are based upon the bill's provisions of testing TANF and Medicaid applicants and, consequently, do not consider testing TANF and Medicaid recipients during subsequent annual benefit renewal periods. The following two sections provide more detailed information regarding these cost estimates regarding TANF and Medicaid. XVIII. Fiscal Impact of Drug Testing for TANF Applicants To implement the TANF portion of this bill, it is estimated that there would be: 1) an estimated annual cost, ranging from approximately $567,000 to $834,000, to administer the drug testing function and 2) an estimated reduction in TANF benefit expenditures of approximately $441,000 annually, based upon the extent to which applicants may test positive for drugs and, consequently, be ineligible to receive TANF benefits. Resultantly, the net fiscal impact of implementing the TANF portion of this bill is estimated to cost from $126,000 to $393,000 annually. As noted earlier, these figures are based upon the bill's provisions of testing TANF applicants and, consequently, do not consider testing TANF recipients during subsequent annual benefit renewal periods. The analysis also does not consider that individuals who fail the drug test can reapply for benefits multiple times within the year. The overall annual cost of administering the drug testing function is estimated to total from $567,000 to $834,000, primarily depending upon the specific type of drug testing 1504 JOURNAL OF THE SENATE adopted by the DHS. For example, the cost of each drug test through a urine sample method is estimated to cost about $28.50 while utilizing a saliva swab method is estimated to cost about $14.00. The drug testing portion of these annual costs is estimated to total from about $257,000 (via the saliva swab method) to about $524,000 (via the urine sample method). This is based upon DHS information, showing that there are approximately 19,200 new applicants for TANF each year (1,600 each month) who meet current TANF eligibility requirements and reducing this total by the number who may test positive for substance abuse and would, thereby, be responsible for the cost of their respective drug test. It should be noted that there are another 64,800 TANF applicants annually (5,400 per month) who do not meet existing TANF eligibility requirements, such as mandatory work activity and income-level restrictions. As these applicants are already being deemed ineligible for TANF, they are not included within the equation of this bill's impact. The remaining $310,000 in administrative cost is for additional DHS personnel. The DHS expects that two additional positions would be needed to coordinate the overall drug testing function and five additional personnel would be needed to process drug testing reimbursements to applicants who test negative. Annually, the offsetting reduction in TANF benefit expenditures, based upon the drug testing function preventing applicants with positive drug test results from receiving TANF benefits, is estimated to total about $441,000. This figure is based upon 25% (4,800) of the total 19,200 new TANF applicants each year, as this percentage represents TANF households headed by a parental adult. In such households, the average portion of TANF benefits that would be cut when the parental adult tests positive was estimated by DHS at $45 per month. In the remaining 75% (14,400) of TANF applicant cases, DHS indicated that non-parental adult protective payees are heading the households and no TANF benefits are paid to them; consequently, no such TANF benefits would be cut if these non-parental adults tested positive for substance abuse. To arrive at the estimated $441,000 reduction of benefits that may occur, only 17% (816) of the above 4,800 parental adult figure is used, as this percentage represents the proportion of adults in Georgia (in the 18-25 age category) who used illicit drugs, according to a 2007 modelbased study by the federal Department of Health and Human Services. This $441,000 is likely a liberal presentation of the possible estimated reduction of TANF benefit payments applicable through the bill, as it reflects ineligibility for a full year while the bill stipulates that applicants who test positive are ineligible for time periods of less than 12 months and may reapply per the following timetable: for a first positive drug test result, one month of ineligibility; for a second positive drug test result, three months of ineligibility; and for a third positive drug test result, one year of ineligibility, but allowed to reapply after six months if a substance abuse treatment program is completed. WEDNESDAY, MARCH 7, 2012 1505 Compared to the estimated net fiscal cost to implement this bill in Georgia, a report by the Foundation of Government Accountability regarding a similar drug testing function recently implemented in Florida's TANF Program shows estimated savings of $923,000 the first month and over $9 million in savings projected annually. However, in reviewing the report and contacting the Florida program, we found that: These reported savings are based upon 574 TANF applicants labeled in the report as "drug-related denials" although the report clearly states that only nine of these 574 applicants were denied for a "drug-related reason" or a "positive test." The report further states that the remaining 565 applicants were "missing drug test results" and "almost all remaining applicants never completed a drug test." These reported $923,000 monthly savings include no offset for the cost of administering Florida's function, although the number of TANF applicants in Florida is, reportedly, more than five times greater than in Georgia (37,400 applicants per month in Florida versus Georgia's estimated 7,000). The Florida savings calculations use a monthly TANF benefit amount to each applicable adult that is three times Georgia's monthly amount ($134 versus Georgia's $45). XIX. Fiscal Impact of Drug Testing for Medicaid Applicants To implement the Medicaid portion of this bill, it is estimated that there would be: 1) an estimated annual cost of approximately $19.8 million to administer the drug testing function; 2) approximately $27.3 million in state funds to cover Medicaid benefits during the time period applicants would be presumed eligible pending drug test results; and 3) an estimated reduction in Medicaid benefit expenditures of approximately $16.1 million annually, based upon the extent to which applicants may test positive for drugs and, consequently, be ineligible to receive Medicaid benefits. Resultantly, (depending upon whether state funds would be required to cover periods of applicants' presumed eligibility), the net fiscal impact of implementing the Medicaid portion of this bill is estimated to cost from $3.7 million to $31 million annually. As noted earlier, these figures are based upon the bill's provisions of testing Medicaid applicants and, consequently, do not consider testing such recipients during subsequent annual benefit renewal periods. The analysis also does not consider that individuals who fail the drug test can reapply for benefits multiple times within the year, as with TANF. The annual cost of administering the drug testing function is estimated to total about $19.8 million. The drug testing portion of these annual costs is estimated to total approximately $16.5 million via the urine sample method, which would cost about $28.50 per test. This is based upon DCH information, showing that there are approximately 700,000 new applicants for Medicaid annually, including Low Income Medicaid as well as Aged, Blind, and Disabled Medicaid applicants. Of these applicants, 119,000 (17%) may test positive for substance abuse and would, thereby, be responsible for the cost of their respective drug test. The state would be required to reimburse the cost 1506 JOURNAL OF THE SENATE of the drug tests through Medicaid for the remaining 581,000 applicants whose test results are negative. Although this cost is based on using urine samples, the DCH noted that blood tests have been determined to be more reliable but would be more expensive, at a cost of about $34 each. The remaining $3.3 million represents annual administrative costs of the drug testing function including: approximately $99,000 per year for a program specialist to operate the program; $128,000 per year for an attorney to handle administrative hearings, appeals, and program oversight; and $50,000 for IT system revisions and maintenance. Additionally, approximately $3 million per year is estimated for the vendor currently handling Medicaid eligibility to administer the bill's procedural requirements, including handling lab education and compliance oversight and providing notice of adverse test results to applicable parties. Information provided by the DCH indicates that the state could be liable for approximately $27.3 million in Medicaid benefits coverage during the period that Medicaid applicants meet existing eligibility requirements and are awaiting the results of the bill's added drug testing results criterion. State funding liability for this added eligibility criterion is likely, according to the DCH, as the federal Centers for Medicare and Medicaid Services (CMS) may not approve drug testing as an authorized Medicaid eligibility criterion (see later paragraphs regarding DCH legal staff explanations). In order to implement the drug testing requirement, the DCH indicated that they would need to submit a Medicaid State Plan amendment to the federal CMS. If such an added drug testing criterion is not approved beyond existing, approved eligibility criteria, applicants would be presumed eligible for Medicaid benefits upon meeting existing criteria. Consequently, state funds would be necessary to cover any time period during which applicants would be presumed eligible and awaiting drug test results. It was estimated that such time period would be about one month. The $27.3 million estimate was based upon this time period applying to about 17% of Medicaid applicants (which is the percentage that research indicates may test positive) or about 119,000 individuals at a current Medicaid per capita monthly payment rate to care management organizations of $230. Regarding individuals whose test results are negative, the bill requires DCH to "increase the amount of the initial medical assistance by the amount paid by the individual for the drug testing." However, in Georgia's Medicaid Program, Medicaid payments are not made to individuals. Instead, the state pays contracted care management organizations based upon a per capita Medicaid beneficiary amount. Consequently, to implement the bill's requirement, the DCH would be required to obtain authorization from CMS to issue medical assistance payment amounts to individual applicants who have negative test results. While DCH indicated that it may be possible to handle such payments through its Medicaid Management Information System (MMIS), this would require significant revision to the MMIS at a cost that would likely exceed several hundred thousand dollars. WEDNESDAY, MARCH 7, 2012 1507 Annually, the offsetting reduction in Medicaid benefit expenditures, based upon the drug testing function preventing applicants with positive drug test results from receiving Medicaid benefits, is estimated to total about $16.1 million. DCH estimates that 59% (413,000) of the 700,000 annual Medicaid applicants will be approved for benefits and that 17% of these approved individuals (totaling about 70,210) will test positive for drugs. This percentage represents the proportion of adults in Georgia (in the 18-25 age category) who used illicit drugs, according to a 2007 model-based study by the federal Department of Health and Human Services. To arrive at the estimated $16.1 million reduction of benefits that may occur, the per capita rate of $230 per month paid to care management organizations was applied to the 17% of individuals who may test positive for drugs. Other points regarding implementation of this bill were noted by the DCH's legal staff, which may further impact fiscal considerations. As presented by the DCH, these points include: 1. Currently, federal regulations do not support drug testing for Medicaid applicants, as the federal Social Security Act (Title XIX) does not authorize criteria other than income, resources, and medical condition as eligibility criteria for Medicaid benefits. While the state is given latitude to establish Medicaid eligibility criteria, such criteria must meet the objectives of the Social Security Act and address the potential recipients' income and resource availability. 2. Given this lack of federal authority to use drug testing as a condition for Medicaid eligibility, it is unlikely that the federal CMS would approve a submitted Medicaid State Plan Amendment to permit this change in Medicaid eligibility criteria. 3. The State may anticipate litigation to result from the bill's drug testing requirement as a drug test may be considered a "search" under the U.S. Constitution. While there is a class of constitutionally permissible suspicionless searches, the Supreme Court has ruled that the submission to a drug test amounts to an unconstitutional suspicionless search that does not meet the "special needs" test. Successful application of the "special needs" test is predicated upon balancing an individual's private interests against public needs. 4. If an applicant fails the drug test, the bill outlines a staggered application and approval protocol based upon the number of times that the applicant fails the test. However, appeal rights attach at the time of application. Therefore, each time an applicant fails the drug test, he or she may appeal the denial of benefits. An applicant alleging constitutional violations associated with this denial may request, or a judge may require, that those constitutional issues be addressed at Superior Court, requiring representation from an attorney at the Attorney General's Office. 1508 JOURNAL OF THE SENATE 5. State caseworkers represent the state's interests in eligibility determination cases. There could be an increase in the number of hearings resulting from applicants that either refuse to take the test or who fail the test. The state can incur additional litigation costs associated with securing witnesses to testify to the validity of the test and chain of custody. This does not include administrative costs for the Office of State Administrative Hearings to process appeals and send judges to hear such cases. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, Director Office of Planning and Budget The Senate Health and Human Services Committee offered the following substitute to SB 292: A BILL TO BE ENTITLED AN ACT To provide a short title; to provide a statement of legislative intent; 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 define certain terms; to provide that the Department of Human Services shall create an established drug test to be administered to each applicant for temporary assistance for needy families; to provide requirements; to provide that each applicant shall undergo a drug test in order to qualify for benefits; to provide that any person who fails such drug test shall be ineligible to receive benefits; to provide for reapplication; to provide for children's benefits; to provide for confidentiality of records; 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 "Social Responsibility and Accountability Act." SECTION 2. It is the intent of the General Assembly to: (1) Ensure that TANF funds are ultimately utilized for the intended purpose of alleviating the effects of poverty and are not diverted to illicit drug use; WEDNESDAY, MARCH 7, 2012 1509 (2) Protect children of poverty by ensuring such funds strengthen family life and reduce the danger that illicit drugs will be introduced into the home environment; (3) Assist adults addicted to drugs to avoid the temptation and restructure their lives by focusing on employment and becoming better parents; and (4) Ensure that the government does not subsidize the public health risk posed by drug use and the associated criminal activities. SECTION 3. Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, is amended by adding a new Code section to read as follows: "49-4-193. (a) As used in this Code section, the term 'established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 C.F.R. 11979, et seq., as amended) or other professionally valid procedures approved by the department; provided, however, that where possible and practicable, a swab test shall be used in lieu of a urinalysis. (b) The department shall adopt rules and regulations for an established drug test which shall include the following: (1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; (6) A list of approved substance abuse treatment providers; (7) Procedures for persons undergoing drug testing, prior to the collection of body fluid specimens for such testing, to provide information regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test; (8) A requirement that the test be conducted no later than 48 hours after the application is approved by the department for TANF eligibility. Proof of eligibility from the department shall be issued to the applicant. The applicant shall show proof of eligibility to an authorized test examiner prior to submitting to the test; and (9) A requirement that any applicant who demonstrates proof of active and current Medicaid benefits shall pay a drug screening application fee of no more than $17.00, and no authorized test examiner shall conduct a drug test if an applicant demonstrates active and current Medicaid benefits unless the applicant presents a receipt proving that he or she has paid the required drug screening application fee. Eligible applicants who do not have active and current Medicaid benefits shall be responsible for paying 1510 JOURNAL OF THE SENATE the full cost of administering the drug test upon presentation to an authorized examiner. (c) The department shall require a drug test consistent with subsection (b) of this Code section to screen each individual who applies for assistance. The cost of drug testing shall be the responsibility of the individual tested, provided that the individual does not submit proof of active Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (9) of subsection (b) of this Code section. No assistance payment shall be delayed because of the requirements of this Code section, and any payments made prior to the department's receipt of a test result showing a failure shall be recoverable. (d) Any recipient of cash assistance under this article who tests positive for controlled substances as a result of a drug test required under this Code section shall be ineligible to receive TANF benefits as follows: (1) For a first positive result, the recipient shall be ineligible for TANF benefits for one month and until he or she tests negative in a retest; (2) For a second positive result, the recipient shall be ineligible for TANF benefits for three months and until he or she tests negative in a retest; and (3) For a third and each subsequent positive result, the recipient shall be ineligible for TANF benefits for one year and until he or she tests negative in a retest unless the individual meets the requirements of subsection (f) of this Code section. (e) The department shall: (1) Provide notice of drug testing to each individual at the time of application. The notice shall advise the individual that drug testing will be conducted as a condition for receiving TANF benefits and that the individual shall bear the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing. However, if the individual used an active and current Medicaid benefit pursuant to paragraph (9) of subsection (b) of this Code section to subsidize the cost of the test, the individual shall not be eligible for direct TANF reimbursement. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for TANF benefits. Dependent children under the age of 18 are exempt from the drug testing requirement; (2) Require that for two-parent families, one parent shall comply with the drug testing requirement; (3) Require that any teen parent who is not required to live with a parent, legal guardian, or other adult caretaker relative shall comply with the drug testing requirement; (4) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over the counter medication he or she is taking; (5) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (1) and (4) of this subsection; WEDNESDAY, MARCH 7, 2012 1511 (6) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample; (7) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests; (8) Inform an individual who tests positive for a controlled substance and is deemed ineligible for TANF benefits for one year pursuant to paragraph (3) of subsection (d) of this Code section that the individual may reapply for those benefits six months after the date of the positive drug test if he or she meets the requirements of subsection (f) of this Code section; and (9) Provide any individual who tests positive with a list of substance abuse treatment providers approved by the department which are available in the area in which he or she resides. Neither the department nor the state shall be responsible for providing or paying for substance abuse treatment. (f) An individual who tests positive for an illegal drug and is denied TANF benefits for one year may reapply for TANF benefits after six months if the individual can document the successful completion of a substance abuse treatment program offered by a provider approved by the department. An individual who has met the requirements of this subsection and reapplies for TANF benefits shall also pass an initial drug test and meet the requirements of subsection (c) of this Code section. Any drug test conducted while the individual is undergoing substance abuse treatment shall meet the requirements of subsection (b) of this Code section. The cost of any drug testing provided under this Code section and substance abuse treatment shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (c) of this Code section may reapply for TANF benefits under this subsection only once. (g) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this Code section: (1) The dependent child's eligibility for TANF benefits shall not be affected; (2) An appropriate protective payee shall be designated to receive benefits on behalf of the child; and (3) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual approved by the department. The designated individual shall also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, he or she shall be ineligible to receive benefits on behalf of the child. (h) The results of any drug test done according to this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records. Such results shall not be used as a part of a criminal investigation or criminal prosecution. Such results shall not be used in a civil action or otherwise disclosed to any person or entity without the express written consent of the person tested or his or 1512 JOURNAL OF THE SENATE her heirs or legal representative. All such records shall be destroyed and deleted five years after the date of the test. (i) No testing shall be required by the provisions of this Code section for any person whom the department determines is significantly hindered, because of a physical or mental handicap or developmental disability, from doing so or for any person enrolled in an enhanced primary care case management program operated by the Department of Community Health, Division of Medical Assistance to serve frail elderly and disabled beneficiaries to improve the health outcomes of persons with chronic health conditions by linking primary medical care with home and community based services. (j) The department shall adopt rules to implement this Code section." 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 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 28, 2012 Honorable Renee Unterman, Chairman Senate Health and Human Services Committee State Capitol, Room 121-E Atlanta, Georgia 30334 SUBJECT: Fiscal Note Senate Bill 292 Substitute (LC 21 1745S) Dear Chairman Unterman: This bill would require Temporary Assistance for Needy Families (TANF) applicants to undergo drug testing as a condition for receiving benefits. Those testing positive for WEDNESDAY, MARCH 7, 2012 1513 controlled substances would be ineligible to receive TANF benefits for specified time periods. The state Department of Human Services (DHS) would be required to develop applicable regulations. The bill stipulates that, where possible and practicable, a (saliva) swab test be used in lieu of a urinalysis to test for the presence of drugs. Further, the bill precludes from such testing any person whom the department determines is significantly hindered due to a physical or mental handicap or developmental disability or any person enrolled in certain Medicaid programs serving the frail elderly and disabled. Dependent children under the age of 18 would also be exempt; however, parents of TANF dependents would be subject to such testing as well as protective payees, who are designated adults receiving TANF benefits on behalf of TANF dependents. Those TANF applicants who have current Medicaid coverage would pay no more than a $17 drug screening application fee. Regarding such applicants, the bill specifies that Medicaid benefits would subsidize the cost of such drug testing. Applicants who do not have Medicaid coverage would be responsible for paying the full cost of the drug test. However, unlike applicants who have Medicaid coverage, applicants without Medicaid coverage whose test results are negative would receive reimbursement in the form of an increase in their initial TANF benefit that equals the amount they paid for the drug testing. To implement this bill, it is estimated that there would be: 1) an annual cost of approximately $161,500 to administer the drug testing function; 2) estimated revenue of $228,000 in fees collected from the drug screening application fee (this assumes a $17 application fee); and 3) an estimated reduction in TANF benefit expenditures of approximately $37,000 annually, based upon the extent to which applicants may test positive for drugs and, consequently, be ineligible to receive TANF benefits. Resultantly, the fiscal impact of the bill could range from a net cost of approximately $84,500 to a positive budget impact of about $103,000 annually, as explained below. The overall annual cost of administering the drug testing function is estimated to total $161,500. The drug testing portion of these annual costs is estimated to total about $69,500 using the saliva swab method. This is based upon DHS information, showing that there are approximately 19,200 new applicants for TANF each year who meet current TANF eligibility requirements and that an estimated 816 of these applicants will likely test positive for substance abuse and, consequently, not be eligible for reimbursement of their respective drug test cost (explained more fully in later paragraphs). Of the remaining 18,384 applicants with negative test results, an estimated 4,964 (27%) would not have Medicaid coverage and the state would be required to reimburse them for the full cost of their respective drug test. The remaining estimated 13,420 (73%) applicants with negative drug test results would have Medicaid coverage that, according to the bill, would subsidize the cost of their drug test and they would be required to pay the drug screening application fee. The DHS expects to collect an estimated $228,000 annually through these fees (assuming this fee is $17). 1514 JOURNAL OF THE SENATE It should be noted that these figures are based upon the bill's presumption that Medicaid benefits would subsidize the cost of all drug tests for applicants who have Medicaid coverage. However, while drug tests are a covered Medicaid procedure, there may be a resulting cost to the state if these are done via a required application process as stipulated through this bill. If such tests are not deemed medically necessary, the state may be unable to utilize Medicaid benefits. Consequently, the state may be liable for the costs, which could total an additional $188,000. This is based upon an estimated 13,420 TANF applicants annually who would have Medicaid coverage and obtain a drug test through the saliva swab method at $14 each. The remaining $92,000 estimated cost of administering the drug testing function is for additional DHS personnel. The DHS expects that one additional position would be needed to coordinate the overall drug testing function and another position would be needed to process drug testing reimbursements to applicants who test negative. Annually, the offsetting reduction in TANF benefit expenditures, based upon the drug testing function preventing applicants with positive drug test results from receiving TANF benefits, is estimated to total about $37,000. This figure is based upon 25% (4,800) of the total 19,200 new TANF applicants each year, as this percentage represents TANF households headed by a parental adult. In such households, the average portion of TANF benefits that would be cut when the parental adult tests positive was estimated by DHS at $45 per month. In the remaining 75% (14,400) of TANF applicant cases, DHS indicated that non-parental adult protective payees are heading the households and no TANF benefits are paid to them; consequently, no such TANF benefits would be cut if these non-parental adults tested positive for substance abuse. To arrive at the estimated $37,000 reduction of benefits that may occur, only 17% (816) of the above 4,800 parental adult figure is used, as this percentage represents the proportion of adults in Georgia (in the 18-25 age category) who used illicit drugs, according to a 2007 model-based study by the federal Department of Health and Human Services. Respectfully, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, Director Office of Planning and Budget Senator Rogers of the 21st moved the previous question. On the motion, Senator Jackson of the 2nd, called for the yeas and nays; the call was sustained, and the vote was as follows: WEDNESDAY, MARCH 7, 2012 1515 Y Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 35; nays 18, the motion prevailed, and the previous question was ordered. Senators Fort of the 39th, Seay of the 34th, Henson of the 41st and Jones of the 10th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to SB 292 (LC 21 1745S) by inserting after "To" at the beginning of line 1 the following: provide for drug testing of certain recipients of public funds; to By inserting after "legislative intent;" on line 1 the following: to amend Part 1 of Article 4 of Chapter 2 of Title 21, relating to general provisions relative to selection and qualification of candidates and presidential electors, so as to provide for mandatory drug testing for candidates seeking to qualify for nomination or election to certain state offices; to provide for definitions; to provide for certification of such testing as a condition of qualification for nomination or election to state office; to provide for payment of testing costs; to provide for filing, maintenance, and inspection of such certifications; to provide for powers, duties, and authority of the Secretary of State and the commissioner of human services with respect to the foregoing; By replacing "TANF" with "certain public" on line 16. By inserting "and compensation for public service in elected office" after "poverty" on line 17. 1516 JOURNAL OF THE SENATE By deleting "of poverty" on line 18. By replacing "adults" with "recipients of public funds who are" on line 20. By replacing "parents" with "citizens" on line 21. By inserting after Section 2 the following: SECTION 2.1. Part 1 of Article 4 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to general provisions relative to the selection and qualification of candidates and presidential electors, is amended by adding a new Code section to read as follows: "21-2-140. (a) As used in this Code section, the term: (1) 'Candidate' means any person seeking to qualify for nomination or election to a state office in this state. (2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 C.F.R. 11979, et seq.) as such existed on January 1, 2012, or other professionally valid procedures approved by the commissioner of human services. (3) 'Illegal drug' means marijuana or any controlled substance included in Schedule I or II of Code Section 16-13-25 or 16-13-26 but not when used pursuant to a valid prescription or when used as otherwise authorized by state or federal law. (4) 'State office' includes the office of any of the following: the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and members of the Public Service Commission. (b) Each candidate seeking to qualify for nomination or election to a state office shall as a condition of such qualification be required to certify that such candidate has tested negative for illegal drugs. (c) At the time a candidate for state office qualifies for nomination or election, each such candidate shall file a certificate with the officer with whom such candidate qualifies stating that such candidate has been tested for illegal drugs as required under this Code section within 30 days prior to qualifying for nomination or election to state office and that the results of such test are negative. Such certificate shall be in a form approved by the Secretary of State from a laboratory listed by the commissioner of human services under subsection (e) of this Code section. Such tests shall be conducted at the expense of the candidates; provided, however, that upon submission of a valid certificate of negative test results and a valid receipt, a candidate shall be reimbursed by the Secretary of State for the cost of such test in an amount not to exceed $25.00. No candidate shall be allowed to qualify for nomination or election to a state office unless WEDNESDAY, MARCH 7, 2012 1517 he or she presents such certificate for filing at the time of such qualification. (d) The certificates required under subsection (c) of this Code section shall be filed with the Secretary of State and shall be available for public inspection. If a candidate qualifies with a political party for nomination or election to a state office, such party shall submit all such certifications to the Secretary of State at such time as such candidates are certified by the party to the Secretary of State. Such certificates shall be maintained by the Secretary of State for a period of three years. (e) The commissioner of human services shall be authorized to establish guidelines governing the administration of drug tests performed pursuant to this Code section and shall maintain a list of those laboratories qualified to conduct established drug tests; provided, however, that no laboratory shall be so certified unless that laboratory, on a daily basis, adds one to three blind test samples per shift to its testing program according to the number of tests run in each shift as determined by the laboratory. (f) The commissioner of human services and the Secretary of State shall be authorized to promulgate rules and regulations to carry out the provisions of this Code section." On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel E Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert Y Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans Golden N Gooch Y Grant Y Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk Y McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 23, nays 30, and the Fort et al. amendment #1 to the committee substitute was lost. 1518 JOURNAL OF THE SENATE Senator Davis of the 22nd offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to SB 292 (LC 21 1745S) by inserting "to provide for identification cards for TANF recipients;" after "records;" on line 8. By replacing line 152 with the following: (j) Except as provided in subsection (k) of this Code section, each applicant for TANF benefits shall be provided by the department with a state identification card. The department shall provide for at least one location within each county for the submission of applications for such cards. No fee shall be charged or collected for the application for or issuance of an identification card. (k) No person shall be eligible for a state identification card if such person has a valid unexpired driver's license or identification card issued under Code Section 40-5-100. The applications collected by the department shall satisfy all requirements of the Department of Driver Services for the issuance of state identification cards pursuant to Code Section 40-5-100. Such applications shall be forwarded to the Department of Driver Services and, upon approval, the Department of Driver Services shall issue the identification cards and provide the cards to the department for distribution to the applicants. (l) The department shall adopt rules to implement this Code section." Senator Davis of the 22nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Davis amendment #2 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. The Minority Report filed on SB 292 is recorded in the Senate Journal for Tuesday, February 28, 2012. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer WEDNESDAY, MARCH 7, 2012 1519 N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 35, nays 18. SB 292, having received the requisite constitutional majority, was passed by substitute. Senator James of the 35th moved that the Senate adjourn. On the motion, a roll call was taken, and the vote was as follows: N Albers N Balfour N Bethel E Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport N Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson N Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock N Paris E Ramsey N Rogers Y Seay N Shafer Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion to adjourn the yeas were 14, nays 38; the motion to adjourn lost. 1520 JOURNAL OF THE SENATE Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The Calendar was resumed. SB 469. By Senators Balfour of the 9th, Hamrick of the 30th, Cowsert of the 46th and Tolleson of the 20th: A BILL to be entitled an Act to amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that certain provisions prohibiting mass picketing shall apply to certain private residences; to provide for an action to enjoin unlawful mass picketing; to provide for punishment and penalties; to provide for injunctive relief; to provide for public policy concerning refusal or decision to withdraw from a labor union or employee organization; to amend Code Section 16-7-21, relating to criminal trespass, so as to provide for both criminal trespass and criminal conspiracy; to provide for punishment and fines; 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 469: A BILL TO BE ENTITLED AN ACT To amend Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, so as to provide that certain provisions prohibiting mass picketing shall apply to certain private residences; to provide for an action to enjoin unlawful mass picketing; to provide for punishment and penalties; to provide for injunctive relief; to provide for public policy concerning refusal or decision to withdraw from a labor union or employee organization; to provide for certain contract and agreement employment rights; to provide for the development by the Department of Labor of employee rights information; to provide certain posting requirements by private employers; to provide for enforcement; to provide for changes to agreements and contracts permitting labor organizations to deduct fees from employees' earnings; to amend Code Section 16-7-21, relating to criminal trespass, so as to provide for both criminal trespass and criminal conspiracy; to provide for punishment and fines; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 34 of the Official Code of Georgia Annotated, relating to labor organizations and labor relations, is amended by revising Code Section 34-6-5, relating to interference with public ways of travel, transportation, or conveyance by mass picketing near site of a labor dispute, as follows: WEDNESDAY, MARCH 7, 2012 1521 "34-6-5. (a) It shall be unlawful for any person to engage in mass picketing at or near any place, including private residences, where a labor dispute exists in such number or manner as to obstruct or interfere with or constitute a threat to obstruct or interfere with the entrance to or egress from any place of employment or the free and uninterrupted use of public roads, streets, highways, railroads, airports, or other ways of travel, transportation, or conveyance. (b) A person, or organization that he or she is affiliated with or acting on behalf of, commits an offense when he or she engages in targeted picketing of a private residence that has or intends the effect of interfering with the resident's right to quiet enjoyment, or when such targeted picketing has or intends the effect of violence or intimidation. This subsection shall not apply to private residences that are also places of employment when targeted picketing relates to or is targeted at such employment. (c) An employer or other person or entity that is the target of an activity prohibited under subsection (a) of this Code section may bring an action to enjoin the prohibited activity against an individual or organization affiliated with such individual in the circuit court for the county in which the affected employer, person, or entity is located. A court having jurisdiction of an action brought under this subsection shall grant injunctive relief if the court finds that any person, union, or organization has engaged or is engaging in any of the conduct prohibited under subsection (a) of this Code section, without regard to the existence of other remedies, demonstration of irreparable harm, or other factors. The court shall award court costs and reasonable attorney fees to a plaintiff who prevails in an action brought under this subsection. (d) Failure to comply with an order of the court issued under this Code section may be punished as contempt. (e) A person who violates subsection (a) of this Code section and has previously been enjoined for a violation of subsection (a) of this Code section is subject to a civil fine of $1,000.00 for each day of the violation. If a union or organization continues to sponsor or assist in the prohibited activity in violation of an injunction, the union or organization is subject to a civil fine of $10,000.00 for each day of the violation. The civil fine assessed under this subsection shall be paid to the court, and, upon a showing of damages to business sales, business opportunities, or property, the employer, person, or entity that was the target of the activity prohibited under subsection (a) of this Code section shall be compensated from the payment made to the court. (f) An employer that is the target of picketing may obtain injunctive relief against picketers without a showing of irreparable harm if the court finds the picketing to be in violation of subsection (a) of this Code section." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "34-6-9. (a) It is the public policy of the State of Georgia that: (1) Employees in Georgia have the right to employment without regard to any 1522 JOURNAL OF THE SENATE person's refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind; (2) Employees in Georgia have the right to be employed free from the restraints of any contract, combination, or agreement, written or oral, that provides for exclusion from employment of any person due to their refusal to join or affiliate with, or decision to withdraw from or cease membership in, any labor union or employee organization of any kind; (3) Employees in Georgia have the right to be employed without regard to any person's refusal to pay dues, fees, assessments, or other charges to any labor union or employee organization of any kind; and (4) Employees in Georgia have the right to decertify a union or other bargaining representative upon compliance with the applicable provisions of federal law. (b) The Department of Labor shall develop and display on its website a suitable form of notice providing employees with information regarding their rights under this Code section. (c) Private employers shall physically post adequate notice informing employees of the rights described in this Code section at locations where notices are normally posted or, if no such normal location for posting exists, physically disseminate such notice to employees. A private employer may also, at its discretion, post such notices on the company's intranet or disseminate them via other electronic means of communication. (d) If compliance by an employer with subsection (c) of this Code section will create an undue hardship posing significant difficulty or expense, or if an employer is subject to the Railway Labor Act, as amended, then such employer is exempted from compliance with subsection (c) of this Code section. (e) The Commissioner of Labor shall be charged with enforcement of the obligations contained in this Code section. In carrying out the commissioner's responsibility to ensure compliance, the commissioner, or the person to whom the commissioner delegates such responsibility, is authorized to: (1) Receive complaints or reports of noncompliance from any person; (2) Inspect and investigate any report of noncompliance; and (3) Give notice of noncompliance to any employer who is in violation of this Code section. (f) The commissioner shall designate those persons in the commissioner's department responsible for carrying out the commissioner's powers, duties, and responsibilities under this Code section." SECTION 3. Said chapter 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. (a) 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 WEDNESDAY, MARCH 7, 2012 1523 shall not be irrevocable for a period of more than one year annual written authorization from the employee which shall not exceed a period greater than one year. Such authorization may be revoked at any time at the request of the employee. (b) Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to the effective date of this Code section." SECTION 4. Said chapter is further amended by revising Code Section 34-6-26, relating to contracts allowing deductions from employees' earnings of fees of labor organizations, as follows: "34-6-26. (a) It shall be unlawful for any employer to contract with any labor organization and for any labor organization to contract with any employer for the deduction of any fee, assessment, or other sum of money whatsoever from the wages or other earnings of an employee to be held for or to be paid over to a labor organization except upon the condition to be embodied in said contract that such deduction will be made only on the individual order or request of the employee, which shall not be irrevocable for a period of more than one year annual written authorization. Such authorization may be revoked at any time at the request of the employee. (b) Nothing in this Code section shall be construed to impair any contract, agreement, or collective bargaining agreement in existence prior to the effective date of this Code section." SECTION 5. Code Section 16-7-21 of the Official Code of Georgia Annotated, relating to criminal trespass, is amended by revising subsection (d) as follows: "(d)(1) A person who commits the offense of criminal trespass shall be guilty of a misdemeanor. (2) The provisions of Code Section 16-4-8.1 notwithstanding, a person may be convicted of both conspiracy to commit criminal trespass and the completed crime of criminal trespass, in which event such separate crime of conspiracy shall be a misdemeanor of a high and aggravated nature." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st moved the previous question. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch E Hamrick Harbison Y Heath N Henson N Orrock N Paris E Ramsey Y Rogers 1524 JOURNAL OF THE SENATE N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34; nays 17, the motion prevailed, and the previous question was ordered. Senators Bethel of the 54th and Loudermilk of the 52nd offered the following amendment #1: Amend Committee Substitute LC 37 1440ERS to SB 469 by striking the word "shall" on Line 74 and inserting in its place the word "may". On the adoption of the amendment, there were no objections, and the Bethel, Loudermilk amendment #1 to the committee substitute was adopted. Senators Balfour of the 9th, Millar of the 40th, Bethel of the 54th, Golden of the 8th, McKoon of the 29th, Gooch of the 51st and others offered the following amendment #2: Amend the committee substitute LC 37 1440ERS to SB 469 by deleting lines 106 and 121 and inserting in both places the following: "section. (c) This Code section shall not apply to any collective bargaining agreement entered into pursuant to the Railway Labor Act, as amended, or to any professional association whose membership is exclusively composed of educators nor any fraternal order or brotherhood not engaged or engaging in contracting or collective bargaining." WEDNESDAY, MARCH 7, 2012 1525 On the adoption of the amendment, there were no objections, and the Balfour, et al. amendment #2 to the committee substitute was adopted. Senator Carter of the 42nd offered the following amendment #3: Amend Substitute to SB 469 by at line 101 striking the word "annual" at line 102 striking the words "which shall not exceed a period greater than one year" at line 117 striking the work "annual" On the adoption of the amendment, the President asked unanimous consent. Senator Balfour of the 9th objected. On the adoption of the amendment, Senator Stoner of the 6th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel E Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Fort N Ginn N Goggans N Golden N Gooch N Grant E Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 18, nays 34, and the Carter of the 42nd amendment #3 to the committee substitute was lost. 1526 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 34, nays 18. SB 469, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 534. By Representatives Fullerton of the 151st, Willard of the 49th, Oliver of the 83rd, Powell of the 171st, Dukes of the 150th and others: A BILL to be entitled an Act to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements in certain counties, so as to modify the eligibility requirements; to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, powers of appointed clerks, so as to modify provisions relating to the WEDNESDAY, MARCH 7, 2012 1527 application of the Code section; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions for probate courts, so as to modify provisions relating to the definition of probate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 651. By Representatives Maxwell of the 17th, Dickson of the 6th, Ashe of the 56th, Amerson of the 9th, Neal of the 1st and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to repeal Code Section 20-2-165.1, relating to charter system earnings for each full-time equivalent student; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Appropriations Committee. HB 681. By Representatives Dickerson of the 95th, Fludd of the 66th, Clark of the 104th, Harrell of the 106th, Rice of the 51st 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 revise definitions relating to food sales establishments and food service establishments; to exempt certain activities relating to public and private schools and nonprofit entities; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Agriculture and Consumer Affairs Committee. HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th, Oliver of the 83rd and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the O.C.G.A., relating to equitable remedies and proceedings generally and public assistance, respectively, so as to comprehensively address the submission of false claims to the state, the Georgia Medicaid program, and local governments; to enact the "Georgia Taxpayer Protection False Claims Act"; to substantially revise the "State False Medicaid Claims Act"; to change and provide for definitions; to change the elements of false or fraudulent Medicaid claims; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 1528 JOURNAL OF THE SENATE HB 827. By Representatives Hembree of the 67th, Talton of the 145th, Purcell of the 159th, Hanner of the 148th, Neal of the 1st and others: A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to modify provisions relating to fleeing or attempting to elude a pursuing police vehicle or police officer; to increase the penalty for fleeing or attempting to elude under certain circumstances; 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 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th: A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; 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 861. By Representatives Harden of the 28th, Ramsey of the 72nd, Allison of the 8th, Dempsey of the 13th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers, so as to require law enforcement agencies to report drug related arrests to the Department of Human Services; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to require drug testing for applicants and recipients of state administered TANF benefits; to provide for legislative intent; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. HB 940. By Representatives Pak of the 102nd, Ramsey of the 72nd, Atwood of the 179th, Setzler of the 35th, Weldon of the 3rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 12 of Title 17 of the Official Code of Georgia Annotated, relating to the Georgia Public WEDNESDAY, MARCH 7, 2012 1529 Defender Standards Council, so as to change certain provisions relating to payment of attorney in event of conflict of interest in capital cases, number of attorneys appointed, county governing authority's financial responsibility, and expenses; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 946. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend Article 13 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to the licensing of mortgage lenders and brokers, so as to prohibit certain mortgage activities without a license; to provide for qualifications for the issuance of a mortgage loan originator license; to provide for the power of the department to revoke or decline to issue a license or registration in certain instances; to provide for the prohibition of certain conduct by persons engaged in mortgage activities; to provide for a grace period for serving residential mortgages with an inactive license or registration; to provide for certain criminal penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Banking and Financial Institutions Committee. HB 985. By Representatives Powell of the 29th and Rice of the 51st: 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 provisions relating to temporary license plates for motor vehicles; to provide for an extension of time for registration of motor vehicles under certain circumstances; to remove lamination requirements for motor vehicle decals; to provide for the furnishing of motor vehicle driver information to the Department of Revenue for the purpose of detecting fraud; 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 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th, Hatchett of the 143rd and Dollar of the 45th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to the tax credit for film or video production in Georgia; to change 1530 JOURNAL OF THE SENATE certain provisions relating to the exemptions from sales and use tax for film producers and film production companies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. HB 1048. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to who may serve process; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees collected by superior court clerks, so as to provide for filing fees for applications for certified process servers; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1051. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 1052. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th 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 reconstitute the board of directors; to provide for staggered terms for board members; provide for a limit on reappointment of board members; to provide for a method for nonparticipating counties to join the Authority; to prohibit the Authority from entering into WEDNESDAY, MARCH 7, 2012 1531 certain transactions; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Transportation Committee. HB 1066. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to alcoholic beverage licenses; to provide for staggered renewal dates for certain licenses; to revise certain provisions relating to sales of alcoholic beverages near churches, school buildings, and other sites; to declare certain distilled spirits to be contraband if not acquired from certain licensees; to establish an annual occupational license tax upon special event applicants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1089. By Representatives Carson of the 43rd, Rice of the 51st, Manning of the 32nd, Ehrhart of the 36th, Lindsey of the 54th and others: A BILL to be entitled an Act to repeal and reserve Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures; 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 1110. By Representatives Cooper of the 41st, Benton of the 31st, Yates of the 73rd, Howard of the 121st, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise provisions relating to penalties relative to the owning or operating of unlicensed personal care homes; to authorize the Department of Community Health to provide for additional criminal offenses for background checks for owners and employees of personal care homes; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. 1532 JOURNAL OF THE SENATE HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the O.C.G.A., relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Title 51 of the O.C.G.A., relating to torts, so as to provide for civil liability for wrongful death caused by assisted suicide; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1119. By Representative Sims of the 169th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1120. By Representative Sims of the 169th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1121. By Representative Sims of the 169th: A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Coffee County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 7, 2012 1533 HB 1132. By Representatives Dickey of the 136th, Harden of the 147th, Carter of the 175th, McCall of the 30th and Carson of the 43rd: 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 oversight by the administrator of certain telemarketing practices; to provide for definitions; to provide for conduct by telephone solicitors; to provide for class actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. HB 1165. By Representatives Clark of the 98th, Sheldon of the 105th, Rice of the 51st, Harrell of the 106th, Thomas of the 100th and others: A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, assessments against unreturned property, penalty for unreturned property, and changing real property values established by appeal in prior year, so as to eliminate a population provision; to provide for penalties for certain unreturned property; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Finance Committee. The Calendar was resumed. SB 87. By Senators Rogers of the 21st, Williams of the 19th, Albers of the 56th, Stone of the 23rd, McKoon of the 29th 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 article the "Georgia Educational Freedom Act"; to revise definitions; to revise requirements relating to qualifications for the scholarship; to provide for related matters; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that SB 87 be placed on the Table. The consent was granted, and SB 87 was placed on the Table. 1534 JOURNAL OF THE SENATE SB 299. By Senators Davis of the 22nd, James of the 35th, Hamrick of the 30th, Carter of the 42nd and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend Article 4 of Chapter 2 of Title 18 of the Official Code of Georgia Annotated, the "Uniform Fraudulent Transfers Act," so as to define certain terms; to provide that a charitable contribution made to a charitable organization shall not be deemed a fraudulent transfer where the charitable organization receives such contribution in good faith; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that SB 299 be placed on the Table. The consent was granted, and SB 299 was placed on the Table. SB 348. By Senators Jones of the 10th, Carter of the 42nd, Chance of the 16th, Hooks of the 14th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to personal service of a summons on a corporation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that SB 348 be placed on the Table. The consent was granted, and SB 348 was placed on the Table. SB 406. By Senators Sims of the 12th, Stoner of the 6th, Hooks of the 14th, Tate of the 38th, Butler of the 55th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to general provisions relative to early care and learning, so as to give a short title to a Code section relating to emergency closure of an early care and education program upon the death of a minor or under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that SB 406 be placed on the Table. The consent was granted, and SB 406 was placed on the Table. SB 465. By Senators Thompson of the 5th, Unterman of the 45th, Crosby of the 13th, Golden of the 8th and McKoon of the 29th: 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 increase the punishment for aggravated assault, battery, and aggravated battery WEDNESDAY, MARCH 7, 2012 1535 upon a nurse while he or she is engaged in or on account of his or her official duties; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that SB 465 be placed on the Table. The consent was granted, and SB 465 was placed on the Table. Senator Unterman of the 45th was excused for business outside the Senate Chamber. SR 673. By Senators Cowsert of the 46th, Rogers of the 21st, Williams of the 19th, Mullis of the 53rd, Staton of the 18th and others: A RESOLUTION making renewed application to the Congress of the United States to call for a convention for the purpose of proposing an amendment to the Constitution of the United States; 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 Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant E Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay N Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C Thompson, S Y Tippins Y Tolleson E Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 30, nays 20. SR 673, having received the requisite constitutional majority, was adopted. 1536 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 684. By Representatives Buckner of the 130th, Neal of the 1st, Stephens of the 164th, Greene of the 149th, Abrams of the 84th and others: 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 authorize the Department of Natural Resources to transfer certain operating responsibilities for state parks and recreational areas to local governing authorities on certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 685. By Representatives Maddox of the 172nd, Black of the 174th, Atwood of the 179th, Shaw of the 176th, Taylor of the 173rd and others: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to extensively revise provisions relating to dogs and especially provisions relating to dangerous and vicious dogs; to define and redefine terms; to provide for liability for injuries and damage caused by dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for a conforming amendment; to state legislative intent; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. HB 1071. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to amend Code Section WEDNESDAY, MARCH 7, 2012 1537 50-13-2 of the Official Code of Georgia Annotated, relating to definitions relative to administrative procedure, so as to revise a definition to include hearings related to tobacco within its meaning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1093. By Representatives Braddock of the 19th, Jacobs of the 80th, Coomer of the 14th, Knight of the 126th, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to change provisions relating to removal of shopping carts and the required posting of the Code section in stores and markets; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The Calendar was resumed. SR 766. By Senators Hill of the 32nd, Rogers of the 21st, Loudermilk of the 52nd, Mullis of the 53rd, Shafer of the 48th and others: A RESOLUTION urging the United States Congress to adopt and to submit to the states a balanced budget amendment to the United States Constitution and to balance our current budget; and for other purposes. The Senate Government Oversight Committee offered the following substitute to SR 766: A RESOLUTION Urging the United States Congress to adopt and to submit to the states a balanced budget amendment to the United States Constitution and to balance our current budget; and for other purposes. WHEREAS, the gravity of federal debt and federal obligations was established early in American history with deficits occurring only in relation to extraordinary circumstances, such as war; and WHEREAS, for much of the 20th century and into the 21st, the United States has operated on a budget deficit, including the 2010 budget year which surpassed an astounding $1.3 trillion; and WHEREAS, the federal debt is greater than $16 trillion, a sum that if shared equally by each person in America would be a burden of over $45,000.00 per person, and yet the federal government continues to accrue debt; and 1538 JOURNAL OF THE SENATE WHEREAS, the higher the deficit, the more the government must spend on paying interest on the debt; and WHEREAS, compounding the debt problem is the use of deficit spending, which becomes a responsibility for future generations of Americans to assume without their consent; and WHEREAS, Congress has attempted to set budgetary restraints for itself in the form of a balanced budget amendment, which won wide support in 1995, failing by only one vote in the United States Senate; and WHEREAS, many states have previously requested that Congress propose a constitutional amendment requiring a balanced budget; and WHEREAS, the growing burden of public debt is a threat to this nation's economic health, and action must be taken to restore fiscal responsibility; and WHEREAS, a balanced budget amendment would require the federal government not to spend more than it receives in revenues and compel lawmakers to carefully consider choices about spending and taxes; and WHEREAS, by encouraging spending control and discouraging deficit spending, a balanced budget amendment will help put this nation on the path to lasting prosperity; and WHEREAS, in the meantime, Congress should take the appropriate steps to adopt for the current year and subsequent fiscal years a balanced budget so that the nation will live within its means and thereby allow us to begin to reduce our massive accumulation of debt. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY that the members of this body hereby respectfully urge the Congress of the United States to propose and submit to the states for ratification an amendment to the United States Constitution providing that, except during a war declared by the Congress of the United States pursuant to Article I, Section 8, Clause 11 of the United States Constitution or other national emergency, the total of all federal appropriations for a fiscal year may not exceed the total of all estimated federal revenue for that fiscal year and also providing for a spending limitation. BE IT FURTHER RESOLVED that the members of this body respectfully urge the Congress of the United States to begin adopting balanced budgets starting with this fiscal year. WEDNESDAY, MARCH 7, 2012 1539 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, to the Speaker of the House of Representatives and the President of the Senate of the United States Congress, and to all the members of the Georgia congressional delegation with a request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States of America. On the 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 Albers Y Balfour Y Bethel E Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant E Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson E Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 36, nays 15. SR 766, having received the requisite constitutional majority, was adopted by substitute. SR 848. By Senators Tolleson of the 20th, Shafer of the 48th, Bulloch of the 11th and Grant of the 25th: A RESOLUTION urging Congress to prohibit the Environmental Protection Agency (EPA) from further regulating greenhouse gas emissions without a comprehensive economic and environmental study; and for other purposes. 1540 JOURNAL OF THE SENATE The Senate Natural Resources and the Environment Committee offered the following substitute to SR 848: A RESOLUTION Urging Congress to prohibit the Environmental Protection Agency (EPA) from further regulating greenhouse gas emissions without a comprehensive economic and environmental study; and for other purposes. WHEREAS, the Senate supports reasonable and responsible air quality regulations that take all factors, both economic and environmental, into account for the benefit of the citizens of Georgia; and WHEREAS, the United States Environmental Protection Agency (EPA) has proposed or is proposing numerous new regulations, particularly in the area of air quality and regulation of greenhouse gases, that will have major effects on consumers, the economy, jobs, and U.S. competitiveness in worldwide markets, especially in Georgia; and WHEREAS, concern is growing that, with cap-and-trade legislation having failed in Congress, the EPA is attempting to obtain the same results through the adoption of numerous concurrent regulations; and WHEREAS, the EPA's proposed over-reaching regulations will drive jobs and industry out of Georgia and much of the United States in general; and WHEREAS, the EPA has not undertaken any comprehensive study of the cumulative effect of the proposed new regulatory activity on consumers, the economy, jobs, competitiveness, and system reliability; and WHEREAS, the EPA has not performed any comprehensive study of what the environmental benefits of its recently enacted and proposed emissions (new versus existing) and greenhouse regulations will be in terms of impact on regional air and water quality or global climate change; and WHEREAS, state agencies in Georgia are routinely required to identify the costs of their regulations and to justify those costs relative to the benefits; and WHEREAS, since the EPA has identified "taking action on climate change and improving air quality" as its first strategic goal for the 2011-15 time period, it should be required to identify the specific actions it intends to take to achieve these goals and to assess the total cost of all these actions together; and WEDNESDAY, MARCH 7, 2012 1541 WHEREAS, the South is rich in natural resources, and has historically provided more than half of our nation's energy supply; and WHEREAS, more than 85 percent of our nation's energy supply comes from coal, natural gas, and crude oil, and the greatest regional supplier of these three fuels is the South; and WHEREAS, based on a 2008 Bureau of Labor Statistics study, seven of the top ten states ranked by manufacturing jobs per capita are in the South; and WHEREAS, the Georgia Senate supports continuing improvements in the quality of the nation's air but believes that such improvements can be made in a sensible fashion without damaging consumers and the economy so long as there is a full understanding of the cost benefit of the regulations at issue; and WHEREAS, the primary goal of government at this time must be to promote economic recovery and to foster a stable and predictable business environment that will lead to the creation of jobs. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge Congress to adopt legislation prohibiting the EPA by any means necessary from regulating greenhouse gas emissions or enacting any new air quality regulations without first undertaking a comprehensive study of the environmental and economic impact of the regulations, and requiring the Obama Administration to undertake a further study to identify all regulatory activity that the EPA intends to undertake in the furtherance of its goals. BE IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed to transmit an appropriate copy of this resolution to each member of the Georgia congressional delegation. On the 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 Albers Y Balfour Y Bethel E Bulloch N Butler E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack N Orrock N Paris E Ramsey Y Rogers N Seay 1542 JOURNAL OF THE SENATE Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Shafer Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson E Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 34, nays 16. SR 848, having received the requisite constitutional majority, was adopted by substitute. The following House legislation was read the first time and referred to committee: HB 684. By Representatives Buckner of the 130th, Neal of the 1st, Stephens of the 164th, Greene of the 149th, Abrams of the 84th and others: 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 authorize the Department of Natural Resources to transfer certain operating responsibilities for state parks and recreational areas to local governing authorities on certain conditions; 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 685. By Representatives Maddox of the 172nd, Black of the 174th, Atwood of the 179th, Shaw of the 176th, Taylor of the 173rd and others: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to extensively revise provisions relating to dogs and especially provisions relating to dangerous and vicious dogs; to define and redefine terms; to provide for liability for injuries and damage caused by dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for a conforming WEDNESDAY, MARCH 7, 2012 1543 amendment; to state legislative intent; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. HB 1071. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to 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 include hearings related to tobacco within its meaning; 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 1093. By Representatives Braddock of the 19th, Jacobs of the 80th, Coomer of the 14th, Knight of the 126th, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to change provisions relating to removal of shopping carts and the required posting of the Code section in stores and markets; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the Judiciary Committee. Senator Heath of the 31st was excused for business outside the Senate Chamber. The Calendar was resumed. SB 459. By Senators Shafer of the 48th, Goggans of the 7th and Carter of the 1st: A BILL to be entitled an Act to amend Article 1 of Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to the generation and distribution 1544 JOURNAL OF THE SENATE of electricity generally, so as to provide that consumers may elect not to use smart meters; to provide that the Public Service Commission may create and regulate a surcharge for consumers who elect not to use smart meters; to provide for related matters; to repeal conflicting laws; and for other purposes. Senators Staton of the 18th, Rogers of the 21st and Gooch of the 51st offered the following amendment #1: Amend SB 459 by deleting "may" on line 4 and inserting in lieu thereof "shall not". By deleting the colon at the end of line 12 and deleting lines 13 through 15 and inserting in lieu thereof the following: provide that consumers may elect not to use smart meters of any investor owned electric light and power company subject to regulation by the commission; provided, however, that the commission shall not create and regulate a surcharge for consumers who make such an election. 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 Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport N Davis Y Fort Y Ginn Y Goggans Golden N Gooch N Grant E Hamrick Y Harbison E Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks N Jackson, B N Jackson, L N James N Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon N Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton N Stone N Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins N Tolleson E Unterman Y Wilkinson Y Williams WEDNESDAY, MARCH 7, 2012 1545 On the passage of the bill, the yeas were 37, nays 13. SB 459, having received the requisite constitutional majority, was passed as amended. Senator Rogers of the 21st moved that the Senate stand in recess until midnight and then adjourn pursuant to HR 1238 until 10:00 a.m. Monday, March 12, 2012; the motion prevailed, and at 10:39 p.m. the President announced the Senate adjourned. 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 792. By Representatives Casas of the 103rd, Hembree of the 67th, Allison of the 8th, Amerson of the 9th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for authorization to operate by means of accreditation for nonpublic postsecondary institutions that meet certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted by the requisite constitutional majority the following Resolutions of the House: HR 1160. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. HR 1161. By Representatives Buckner of the 130th, Hugley of the 133rd and Smyre of the 132nd: A RESOLUTION compensating Mr. James A. Cauley and providing for a state income tax exclusion with respect to such compensation; and for other purposes. 1546 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 792. By Representatives Casas of the 103rd, Hembree of the 67th, Allison of the 8th, Amerson of the 9th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for authorization to operate by means of accreditation for nonpublic postsecondary institutions that meet certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Higher Education Committee. HR 1160. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Referred to the Appropriations Committee. HR 1161. By Representatives Buckner of the 130th, Hugley of the 133rd and Smyre of the 132nd: A RESOLUTION compensating Mr. James A. Cauley and providing for a state income tax exclusion with respect to such compensation; and for other purposes. Referred to the Appropriations Committee. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. MONDAY, MARCH 12, 2012 1547 Senate Chamber, Atlanta, Georgia Monday, March 12, 2012 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 Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following Senate legislation was introduced, read the first time and referred to committee: SB 521. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 12-5-179 of the Official Code of Georgia Annotated, relating to permits and performance bonds for operation of public water systems, so as to require public water suppliers utilizing a waste-water sewer system owned or operated by a county, municipality, or local authority to transmit customer water consumption data to such county, municipality, or local authority; to require public water suppliers to suspend water supply to customers who have failed to pay charges for use of the waste-water sewer system; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment Committee. SB 522. By Senators Gooch of the 51st and Wilkinson of the 50th: A BILL to be entitled an Act to provide a homestead exemption from White County ad valorem taxes for county purposes in the amount of $100,000.00 of the assessed value of the homestead for residents of that county 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. 1548 JOURNAL OF THE SENATE SB 523. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), and an Act approved August 17, 2001 (Ga. L. 2001 Ex. Sess., p. 203), so as to provide for the appointment of the judges of such court; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 524. By Senator Tolleson of the 20th: A BILL to be entitled an Act to amend Code Section 36-34-5 of the Official Code of Georgia Annotated, relating to the acquisition and construction of water and sewage systems by municipal corporations, so as to prohibit municipal corporations from requiring certain persons served by a private onsite sewage management system to use the sewage system maintained by the municipal corporation; to repeal conflicting laws; and for other purposes. Referred to the Natural Resources and the Environment 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 751 HB 958 HB 1082 HB 1113 HB 1172 HB 1184 HB 1187 HB 1195 Do Pass Do Pass Do Pass Do Pass as amended Do Pass Do Pass Do Pass Do Pass HB 838 HB 1006 HB 1101 HB 1167 HB 1183 HB 1185 HB 1191 SB 495 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman MONDAY, MARCH 12, 2012 The following legislation was read the second time: HB 409 SR 1061 1549 The following Senators were excused for business outside the Senate Chamber: Golden of the 8th Hamrick of the 30th Tolleson of the 20th 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 Davenport of the 44th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Henson of the 41st asked unanimous consent that Senator Carter of the 42nd be excused. The consent was granted, and Senator Carter was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Gooch Grant Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Carter, J. (Excused) Ramsey (Excused) Golden (Excused) Thompson, S. (Excused) Hamrick (Excused) Tolleson (Excused) 1550 JOURNAL OF THE SENATE The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Murphy of the 27th introduced the chaplain of the day, Dr. Richard Lee of Cumming, Georgia, who offered scripture reading and prayer. The President recognized the High Performance Healthy Schools Program. Ovie Mughelli of the Atlanta Falcons addressed the Senate briefly. The following resolutions were read and adopted: SR 1110. By Senator James of the 35th: A RESOLUTION honoring the life and memory of Mr. Leonard Allen Andrews; and for other purposes. SR 1111. By Senator James of the 35th: A RESOLUTION recognizing and commending Mr. Leonard Santangelo; and for other purposes. SR 1112. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Shemal B. Scott; and for other purposes. SR 1113. By Senators Seay of the 34th, Davenport of the 44th, Davis of the 22nd, Butler of the 55th and James of the 35th: A RESOLUTION honoring and celebrating the 70th birthday of Pastor Harry J. Riley; and for other purposes. SR 1114. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Beverly Townsend; and for other purposes. SR 1115. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Dr. Kathryn K. Cheek; and for other purposes. MONDAY, MARCH 12, 2012 1551 SR 1116. By Senator Gooch of the 51st: A RESOLUTION commending Ms. Tera Davis Johnston, White County High School's 2012 STAR Teacher; and for other purposes. SR 1117. By Senator Gooch of the 51st: A RESOLUTION commending William Conrad Dunlap, White County High School's 2012 STAR Student; and for other purposes. SR 1118. By Senator Ginn of the 47th: A RESOLUTION recognizing and commending Officer Courtney Gale; and for other purposes. SR 1119. By Senator Miller of the 49th: A RESOLUTION recognizing March 19, 2012, as Georgia Speech-LanguageHearing Association Day at the capitol; and for other purposes. SR 1120. By Senator Tolleson of the 20th: A RESOLUTION recognizing March 12-18, 2012, as Fix a Leak Week at the capitol; and for other purposes. SR 1121. By Senators Bulloch of the 11th, Hooks of the 14th, Shafer of the 48th, Ginn of the 47th and Tolleson of the 20th: A RESOLUTION recognizing 2012 as the Georgia Year of Cooperatives; and for other purposes. SR 1122. By Senators Staton of the 18th, Paris of the 26th and Unterman of the 45th: A RESOLUTION recognizing and commending Ms. Blair Kerr Train for being honored with the 2012 Women of Achievement Award by the Career Women's Network; and for other purposes. SR 1123. By Senators Staton of the 18th, Paris of the 26th and Unterman of the 45th: A RESOLUTION recognizing and commending Ms. Ann E. Loyd for being honored with the 2012 Women of Achievement Award by the Career Women's Network; and for other purposes. 1552 JOURNAL OF THE SENATE SR 1124. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and commending the members of the St. Patrick's Day Parade Committee on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. SR 1125. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Committee Chairman Michael A. Foran on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. SR 1126. By Senators Carter of the 1st and Jackson of the 2nd: A RESOLUTION recognizing and honoring the St. Patrick's Day Parade Grand Marshal Timothy "Tim" Ansley on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia; and for other purposes. SR 1127. By Senators Chance of the 16th, Heath of the 31st, Rogers of the 21st, Hamrick of the 30th, Harbison of the 15th and others: A RESOLUTION honoring the life and memory of Mrs. Mary Beth Busbee; and for other purposes. SR 1128. By Senators Hill of the 4th, Williams of the 19th, Goggans of the 7th, Golden of the 8th, Bulloch of the 11th and others: A RESOLUTION recognizing and commending the 25th annual law enforcement cookout; and for other purposes. SR 1129. By Senators Butler of the 55th, Jones of the 10th, Henson of the 41st, Carter of the 42nd and Ramsey, Sr. of the 43rd: A RESOLUTION recognizing and commending the Retirement Housing Foundation; and for other purposes. SR 1130. By Senators Butler of the 55th, Jones of the 10th, Henson of the 41st, Carter of the 42nd, Ramsey, Sr. of the 43rd and others: A RESOLUTION honoring the life and memory of Mr. James "Jim" E. Young; and for other purposes. MONDAY, MARCH 12, 2012 1553 SR 1131. By Senators Mullis of the 53rd, Staton of the 18th, Gooch of the 51st, Stoner of the 6th and Miller of the 49th: A RESOLUTION recognizing March 14, 2012, as Concrete Day at the capitol; and for other purposes. SR 1132. By Senator Sims of the 12th: A RESOLUTION honoring the life and memory of Dr. Lawrence J. Hanks, Sr.; and for other purposes. SR 1133. By Senator Harbison of the 15th: A RESOLUTION recognizing March 13, 2012, as the Fourth Annual Omega Psi Phi Fraternity, Inc., Day at the capitol; and for other purposes. SR 1134. By Senators Loudermilk of the 52nd, Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Fred Kittle; and for other purposes. SR 1135. By Senator Miller of the 49th: A RESOLUTION recognizing and commending the Georgia IronDawgs bench press and powerlifting team for their 2011 state and national championship wins; and for other purposes. SR 1136. By Senator Tolleson of the 20th: A RESOLUTION honoring and celebrating the 100th birthday of Ms. Lottie Mae Reid Munford; and for other purposes. SR 1137. By Senator James of the 35th: A RESOLUTION recognizing and commending the Vice President of the Republic of Liberia, His Excellency Joseph N. Boakai; and for other purposes. SR 1138. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Pastor Tamarkus T. Cook; and for other purposes. Senator Tate of the 38th was excused for business outside the Senate Chamber. 1554 JOURNAL OF THE SENATE 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 12, 2012 Thirty-first Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 495 Rogers of the 21st CITY OF WOODSTOCK A BILL to be entitled an Act to amend an Act reincorporating and re-creating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 751 Grant of the 25th JASPER COUNTY A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Jasper County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 838 Hamrick of the 30th Heath of the 31st PAULDING COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Paulding County, approved April 17, 1975 (Ga. L. 1975, p. 2916), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4480), so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for method of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. HB 958 HB 1006 HB 1082 HB 1101 MONDAY, MARCH 12, 2012 1555 Hooks of the 14th Staton of the 18th CRAWFORD COUNTY A BILL to be entitled an Act to amend an Act relating to the Board of Education of Crawford County, approved March 19, 1993 (Ga. L. 1993, p. 4136), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal under certain circumstances; to repeal conflicting laws; and for other purposes. Millar of the 40th 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. SUBSTITUTE Goggans of the 7th Golden of the 8th COOK COUNTY A BILL to be entitled an Act to provide that future elections for the office of chief magistrate of the Magistrate Court of Cook County shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th RABUN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Rabun County by the qualified electors of the Rabun County School District, 1556 HB 1113 HB 1167 HB 1172 JOURNAL OF THE SENATE approved March 13, 1978 (Ga. L. 1978, p. 3430), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to authorize the governing authority of DeKalb 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. AMENDMENT Jackson of the 24th COLUMBIA COUNTY A BILL to be entitled an Act to amend an Act creating a new Board of Commissioners of Columbia County, approved March 21, 1980 (Ga. L. 1980, p. 3707), as amended, so to provide for term limits for the chairperson and commission members; to provide for related matters; to provide for a referendum; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. McKoon of the 29th CITY OF MANCHESTER A BILL to be entitled an Act to amend an Act incorporating the City of Manchester, approved August 16, 1909 (Ga. L. 1909, p. 1071), as amended, particularly by an Act approved March 30, 1989 (Ga. L. 1989, p. 4813), so as to provide for election districts to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this HB 1183 HB 1184 HB 1185 MONDAY, MARCH 12, 2012 1557 Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Williams of the 19th MONTGOMERY COUNTY A BILL to be entitled an Act to amend an Act relating to the Montgomery County Board of Education, approved March 21, 1979 (Ga. L. 1979, p. 3151), as amended, so as to change the description of the education districts; to provide for the manner of election; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Crane of the 28th TOWN OF MORELAND A BILL to be entitled an Act to amend an Act creating a new charter for the Town of Moreland, approved March 28, 1985 (Ga. L. 1985, p. 5053), as amended, particularly by an Act approved March 30, 1993 (Ga. L. 1993, p. 4213), so as to change the terms and dates of election of the mayor and aldermen; to provide for a referendum; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Tolleson of the 20th CITY OF COCHRAN A BILL to be entitled an Act to provide a new charter for the City of Cochran; 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 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. 1558 JOURNAL OF THE SENATE HB 1187 Hamrick of the 30th CITY OF HIRAM A BILL to be entitled an Act to amend an Act creating a new charter for the City of Hiram, approved February 27, 1956 (Ga. L. 1956, p. 2620), as amended, so as to create the position of city manager and define the powers and duties of said position; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1191 Wilkinson of the 50th CITY OF LAVONIA A BILL to be entitled an Act to authorize the governing authority of the City of Lavonia 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 1195 Mullis of the 53rd CHATTOOGA COUNTY A BILL to be entitled an Act to amend an Act creating the office of commissioner of Chattooga County, approved March 6, 1956 (Ga. L. 1956, p. 2899), as amended, particularly by an Act approved March 20, 1990 (Ga. L. 1990, p. 4002), so as to revise the compensation of the commissioner of Chattooga County; 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 1006: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1006: 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. MONDAY, MARCH 12, 2012 1559 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Chamblee, approved March 28, 1935 (Ga. L. 1935, p. 944), as amended, is amended by annexing to the existing corporate limits of the City of Chamblee the following described territory: "Beginning on the easterly right-of-way line of Clairmont Road at the point where the existing corporate limit line intersects the easterly right-of-way line of Clairmont Road, thence southerly along the easterly right-of-way line of Clairmont Road to a point, said point being the intersection of the easterly right-of-way line of Clairmont Road with the southerly right-of-way line of the access road which runs on the southerly side of Interstate Highway 85 in a northeasterly direction toward Chamblee-Tucker Road, if such access road was extended westerly in a straight line, running thence in a northeasterly direction along the southerly right-of-way line of the said Interstate Highway 85 access road to a point where the southerly right-of-way line of the Interstate Highway 85 access road would intersect the easterly right-of-way line of Chamblee-Tucker Road, if such access road was extended easterly in a straight line; running thence in a northerly and westerly direction along the easterly right-of-way line of Chamblee-Tucker Road to a point, said point being the intersection of the easterly right-of-way line of Chamblee-Tucker Road and the existing corporate limit line of the City of Chamblee at the southeasterly side of Shallowford Road; running thence southerly and westerly along the existing corporate limit line and following the corporate limit line of the City of Chamblee in all its courses, distances, curves, and meanderings so as to reach a point where the said corporate limit line intersects the easterly right-of-way line of Clairmont Road, this being the point of beginning." SECTION 2. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of the territory sought to be annexed into the City of Chamblee under this Act for approval or rejection. The election superintendent shall conduct that election on the Tuesday after the first Monday in November in 2012 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 annexes certain land into the City of ( ) NO Chamblee?" All persons desiring to vote for approval of the annexation shall vote "Yes," and all persons desiring to vote for rejection of the annexation shall vote "No." If more than one-half of the votes cast on such question are for approval of the annexation, then this 1560 JOURNAL OF THE SENATE Act shall become effective on December 30, 2012. If more than one-half of the votes cast on such question are for rejection of the annexation, this Act shall not become effective and 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 Chamblee. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 43, nays 1, and the committee substitute was adopted. The amendment to the following bill was put upon its adoption: *HB 1113: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 1113 (LC 28 6040) by striking "8" in line 9 and inserting in lieu thereof "7". On the adoption of the amendment, the yeas were 43, nays 1, and the committee amendment was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Hamrick Y Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner E Tate Y Thompson, C MONDAY, MARCH 12, 2012 1561 Y Davis N Fort Y Ginn Goggans E Golden Y Gooch Y Grant Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local bills, the yeas were 43, nays 1. The bills on the Local Consent Calendar, except HB 1006 and HB 1113, having received the requisite constitutional majority, were passed. HB 1006, having received the requisite constitutional majority, was passed by substitute. HB 1113, having received the requisite constitutional majority, was passed as amended. The President recognized Special Olympics Week. Senator Davenport of the 44th recognized the month of March as African American Business Month at the capitol, commended by SR 1042, adopted previously. Senator Carter of the 1st introduced the doctor of the day, Dr. D. Keith Cobb. The President recognized Pamela Berger with the Georgia Court Appointed Special Advocates, commended by SR 1020, adopted previously. Pamela Berger addressed the Senate briefly. Senator Miller of the 49th recognized Gainesville High School Key Club, commended by SR 1103, adopted previously. Senator Davis of the 22nd was excused for business outside the Senate Chamber. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR MONDAY, MARCH 12, 2012 THIRTY-FIRST LEGISLATIVE DAY HB 48 Ad valorem tax; freeport exemptions; revise and change certain provisions (Substitute) (FIN-21st) Powell-171st 1562 JOURNAL OF THE SENATE HB 110 Mortgages and liens; vacant property registry; provisions (Substitute) (B&FI-23rd) Jacobs-80th HB 175 Online Clearinghouse Act; enact (Substitute) (ED&Y-21st) Casas-103rd Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 48. By Representatives Powell of the 171st, Lindsey of the 54th, Stephens of the 164th, England of the 108th, Allison of the 8th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to 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 Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 48: 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 provide for severability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem tax exemptions, is amended by revising Code Section 48-5-48.1, MONDAY, MARCH 12, 2012 1563 relating to freeport exemption applications, waivers, denials, and renewals, as follows: "48-5-48.1. (a) Any person, firm, or corporation seeking an a level 1 freeport exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia or Code Section 48-5-48.2 shall file a written application and schedule of property with the county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes his the books for the return of taxes. (b) The application for the tangible personal property inventory level 1 freeport exemption shall provide for: (1) A schedule of the inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia; (2) A schedule of the inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods; and (3) A schedule of the inventory of finished goods which on January 1 are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment outside the State of Georgia and the inventory of finished goods which are shipped into the State of Georgia from outside this state and which are stored for transshipment to a final destination outside this state. The information required by Code Section 48-5-48.2 to be contained in the official books and records of the warehouse, dock, or wharf where such property is being stored, which official books and records are required to be open to the inspection of taxing authorities of this state and political subdivisions thereof, shall not be required to be included as a part of or to accompany the application for such exemption. (c)(1) For purposes of this subsection, the term 'file properly' shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section. (2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows: (A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the 1564 JOURNAL OF THE SENATE inventory for which the exemption is sought; and (B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year. (d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued. (e) If the tangible personal property inventory level 1 freeport exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year." SECTION 2. Said part is further amended by revising Code Section 48-5-48.2, relating to the freeport exemption, as follows: "48-5-48.2. (a) This Code section shall be known and may be cited as the 'Level 1 Freeport Exemption.' (b) As used in this Code section, the term: (1) 'Destined for shipment to a final destination outside this state' includes means, for purposes of a level 1 freeport exemption, that portion or percentage of an inventory of finished goods which the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, is reasonably anticipated to be shipped to a final destination outside this state. Such other reasonable, documented method may only be utilized in the case of a new business, in the case of a substantial change in scope of an existing business, or in other unusual situations where a historical sales or shipment analysis does not adequately reflect future anticipated shipments to a final MONDAY, MARCH 12, 2012 1565 destination outside this state. It is not necessary that the actual final destination be known as of January 1 in order to qualify for the exemption. (2) 'Finished goods' shall mean means, for purposes of a level 1 freeport exemption, goods, wares, and merchandise of every character and kind but shall not include unrecovered, unextracted, or unsevered natural resources or raw materials or goods in the process of manufacture or production or the stock in trade of a retailer. (3) 'Foreign merchandise in transit' means, for purposes of a level 1 freeport exemption, any goods which are in international commerce where the title has passed to a foreign purchaser and the goods are temporarily stored in this state while awaiting shipment overseas. (3)(4) 'Raw materials' shall mean means, for purposes of a level 1 freeport exemption, any material, whether crude or processed, that can be converted by manufacture, processing, or a combination thereof into a new and useful product but shall not include unrecovered, unextracted, or unsevered natural resources. (4)(5) 'Stock in trade of a retailer' means, for purposes of a level 1 freeport exemption, finished goods held by one in the business of making sales of such goods at retail in this state, within the meaning of Chapter 8 of this title, when such goods are held or stored at a business location from which such retail sales are regularly made. Goods stored in a warehouse, dock, or wharf, including a warehouse or distribution center which is part of or adjoins a place of business from which retail sales are regularly made, shall not be considered stock in trade of a retailer to the extent that the taxpayer can establish, through a historical sales or shipment analysis, either of which utilizes information from the preceding calendar year, or other reasonable, documented method, the portion or percentage of such goods which is reasonably anticipated to be shipped outside this state for resale purposes. (b)(c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, all or any combination of the following types of tangible personal property: (1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in this state. The exemption provided for in this paragraph shall apply only to tangible personal property which is substantially modified, altered, or changed in the ordinary course of the taxpayer's manufacturing, processing, or production operations in this state. For purposes of this paragraph, the cleaning, drying, pest control treatment, or segregation by grade of grain, peanuts or other oil seeds, or cotton shall constitute substantial modification in the course of processing or production operations. For purposes of this paragraph, remanufacture of aircraft engines or aircraft engine parts or components shall constitute manufacturing operations in this state. 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; (2) Inventory of finished goods manufactured or produced within this state in the 1566 JOURNAL OF THE SENATE ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is produced or manufactured; or (3) Inventory of finished goods which, on January 1, are stored in a warehouse, dock, or wharf, whether public or private, and which are destined for shipment to a final destination outside this state and inventory of finished goods which are shipped into this state from outside this state and stored for transshipment to a final destination outside this state, including foreign merchandise in transit. The exemption provided for in this paragraph shall be for a period not exceeding 12 months from the date such property is stored in this state. Such period shall be determined based on application of a first-in, first-out method of accounting for the inventory. The official books and records of the warehouse, dock, or wharf where such property is being stored shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such property for which a freeport exemption has been claimed shall be at all times open to the inspection of all taxing authorities of this state and of any political subdivision of this state. (c)(d) Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined in this Code section which are being proposed to be exempted from taxation. 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. (d)(e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code MONDAY, MARCH 12, 2012 1567 section, within the discretion of such governing authority. (e)(1)(f)(1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year. (2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (g) Level 1 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 2 freeport exemptions under Code Section 48-548.6. (f)(h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section." SECTION 3. Said part is further amended by adding new Code sections to read as follows: "48-5-48.5. (a) Any person, firm, or corporation seeking a level 2 freeport exemption from ad valorem taxation of certain tangible personal property inventory when such exemption has been authorized by the governing authority of any county or municipality after approval of the electors of such county or municipality pursuant to the authority of the Constitution of Georgia and Code Section 48-5-48.6 shall file a written application and schedule of property with the county board of tax assessors on forms furnished by such board. Such application shall be filed in the year in which exemption from taxation is sought no later than the date on which the tax receiver or tax commissioner of the county in which the property is located closes the books for the return of taxes. (b) The application for the level 2 freeport exemption shall provide for a schedule of the inventory of finished goods held by one in the business of making sales of such goods in this state. (c)(1) For purposes of this subsection, the term 'file properly' shall mean and include the timely filing of the application and complete schedule of the inventory for which exemption is sought on or before the due date specified in subsection (a) of this Code section. (2) The failure to file properly the application and schedule shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to make the application for such exemption for that year as follows: 1568 JOURNAL OF THE SENATE (A) The failure to report any inventory for which such exemption is sought in the schedule provided for in the application shall constitute a waiver of the exemption on the part of the person, firm, or corporation failing to so report for that taxable year in an amount equal to the difference between fair market value of the inventory as reported and the fair market value finally determined to be applicable to the inventory for which the exemption is sought; and (B) The failure to file timely such application and schedule shall constitute a waiver of the exemption until the first day of the month following the month such application and schedule are filed properly with the county tax assessor; provided, however, that unless the application and schedule are filed on or before June 1 of such year, the exemption shall be waived for that entire year. (d) Upon receiving the application required by this Code section, the county board of tax assessors shall determine the eligibility of all types of tangible personal property listed on the application. If any property has been listed which the board believes is not eligible for the exemption, the board shall issue a letter notifying the applicant that all or a portion of the application has been denied. The denial letter shall list the type and total fair market value of all property listed on the application for which the exemption has been approved and the type and total fair market value of all property listed on the application for which the exemption has been denied. The applicant shall have the right to appeal from the denial of the exemption for any property listed, and such appeal shall proceed as provided in Code Section 48-5-311. Except as otherwise provided in subparagraph (c)(2)(A) of this Code section, the county board of assessors shall not send a second letter of notification denying the exemption of all or a portion of such property listed on the application on new grounds that could and should have been discerned at the time the initial denial letter was issued. (e) If the level 2 freeport exemption has been granted to a taxpayer for a taxable year, the county board of tax assessors shall issue a notice of renewal to the taxpayer for the immediately following taxable year. Such notice of renewal shall be issued not later than January 15 of such immediately following taxable year to facilitate the filing of a timely application and schedule by the taxpayer for such taxable year. 48-5-48.6. (a) This Code section shall be known and may be cited as the 'Level 2 Freeport Exemption.' (b) As used in this Code section, the term 'finished goods' means, for purposes of a level 2 freeport exemption, goods, wares, and merchandise of every character and kind constituting a business's inventory which would not otherwise qualify for a level 1 freeport exemption. (c) The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for state purposes, inventory of finished goods. (d) Whenever the governing authority of any county or municipality wishes to exempt MONDAY, MARCH 12, 2012 1569 such tangible property from ad valorem taxation, as provided in this Code section, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent to issue the call for an election for the purpose of submitting to the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify retail business inventory as the types of property as defined in this Code section which are being proposed to be exempted from taxation. 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. (e) The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided in this Code section may, by appropriate resolution, a copy of which shall be immediately transmitted to the state revenue commissioner, exempt from taxation 20 percent, 40 percent, 60 percent, 80 percent, or all of the value of such tangible personal property as defined in this Code section; provided, however, that once an exemption has been granted, no reduction in the percent of the value of such property to be exempted may be made until and unless such exemption is revoked or repealed as provided in this Code section. An increase in the percent of the value of the property to be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted to the state revenue commissioner, provided that such increase shall be in increments of 20 percent, 40 percent, 60 percent, or 80 percent of the value of such tangible personal property as defined in this Code section, within the discretion of such governing authority. (f)(1) If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing on the first day of any ensuing calendar year; otherwise, such exemption may not be granted. This paragraph is intended to clearly provide that following approval of such exemption in such referendum, such exemption may be granted on the first day of any calendar year following the year in which such referendum was conducted. This paragraph shall not be construed to imply that the granting of such exemption could not previously be delayed to any such calendar year. (2) Exemptions may only be revoked by a referendum election called and conducted as provided in this Code section, provided that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum. (g) Level 2 freeport exemptions effected pursuant to this Code section may be granted either in lieu of or in addition to level 1 freeport exemptions under Code Section 48-548.2. (h) The commissioner shall by regulation adopt uniform procedures and forms for the use of local officials in the administration of this Code section." 1570 JOURNAL OF THE SENATE SECTION 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 5. If any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words of this Act is found to be unconstitutional, the same is declared to be severable, and the balance of this Act shall remain effective notwithstanding such unconstitutionality. The General Assembly declares that it would have enacted this Act and each Code section, subsection, sentence, clause, phrase, or word thereof irrespective of the fact that any one or more provisions, Code sections, subsections, sentences, clauses, phrases, or words would be declared unconstitutional. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Stoner E Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams MONDAY, MARCH 12, 2012 1571 On the passage of the bill, the yeas were 44, nays 0. HB 48, having received the requisite constitutional majority, was passed by substitute. Senator Rogers of the 21st asked unanimous consent to drop HB 110 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 110 was placed at the foot of the Rules Calendar. Senator Hill of the 4th was excused for business outside the Senate Chamber. HB 175. By Representatives Casas of the 103rd, Harrell of the 106th, Davis of the 109th, Brockway of the 101st, Nix of the 69th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems may offer their computer-based courses to students of other local school systems; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Education and Youth Committee offered the following substitute to HB 175: A BILL TO BE ENTITLED AN ACT To amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to provide various additional academic and extracurricular options for students; to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems and charter schools may offer their computer-based courses to students in other local school systems and charter schools; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; to provide for course fees and payment; to provide for assignment of grades; to provide for offering of courses as dual enrollment and to nonpublic school students; to provide for rules and regulations; to provide for statutory construction; to enact the "Rachel Sackett Act"; to authorize public school students to participate in extracurricular activities at other public 1572 JOURNAL OF THE SENATE schools in their attendance zone; to provide for definitions; to provide that the student is subject to the same rules and regulations applicable to other students; to provide for rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," is amended by adding new Code sections to read as follows: "20-2-319.3. (a) This Code section shall be known and may be cited as the 'Online Clearinghouse Act.' (b) As used in this Code section, the term: (1) 'Charter school' means a local charter school, as defined in paragraph (7) of Code Section 20-2-2062, a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062, and a commission charter school, as defined in paragraph (2) of Code Section 20-2-2081. (2) 'Clearinghouse' means the clearinghouse established pursuant to subsection (b) of this Code section. (3) 'One credit' and 'half-credit' mean the customary academic unit of credit granted for secondary school courses in this state. (4) 'Student's school system' means the local school system operating the school in which the student is lawfully enrolled. (c)(1) The department shall establish a clearinghouse of interactive distance learning courses and other distance learning courses delivered via a computer-based method offered by local school systems and charter schools for sharing with other local school systems and charter schools for the fee set pursuant to subsection (e) of this Code section. The department shall review the content of each course prior to including it in the clearinghouse to ensure that it meets state curriculum standards. The department is authorized to approve courses for inclusion in the clearinghouse if the content meets state curriculum standards, the applicant meets all technical requirements, and the course is delivered by a highly qualified teacher who exhibits exceptional teaching skills and methodology as certified by the local school system or charter school, which teacher's credentials and skills shall be subject to review and approval by the department. (2) To offer a course through the clearinghouse, a local school system or charter school shall apply to the department in a form and manner prescribed by the department. The application for each course shall describe the course of study in as much detail as required by the department, the qualification and credentials of the teacher, the number of hours of instruction, the technology required to deliver and receive the course, the technical capacity of the local school system or charter school MONDAY, MARCH 12, 2012 1573 to deliver the course, the times that the local school system or charter school plans to deliver the course, and any other information required by the department. The department may require local school systems and charter schools to include in their applications information recommended by the State Board of Education. (3) The department shall review the technical specifications of each application submitted pursuant to paragraph (2) of this subsection and shall determine if the local school system or charter school can satisfactorily deliver the course through the technology necessary for that delivery. All such courses shall be delivered only in accordance with technical specifications approved by the department. (4) The department may request additional information from a local school system or charter school that submits an application pursuant to paragraph (2) of this subsection, if the department determines that such information is necessary. The department may negotiate changes in the proposal to offer a course, if the department determines that changes are necessary in order to approve the course. (5) The department shall catalog each course approved for the clearinghouse, through a print or electronic medium, displaying the following: (A) Information necessary for a student and the student's parent, guardian, or custodian and the student's school system or the student's charter school to decide whether to enroll in the course; and (B) Instructions for enrolling in that course, including deadlines for enrollment. (6) The department shall identify the copyright owner of each course in the catalog and shall assist local school systems and charter schools in understanding the process of registering copyrights and other protections of intellectual property under federal law, if requested. (d)(1) A student who is enrolled in a school operated by a local school system or in a charter school may enroll in a course included in the clearinghouse only if both of the following conditions are satisfied: (A) The student's enrollment in the course is approved by the student's school system or the student's charter school; and (B) The student's school system or the student's charter school agrees to accept for credit the grade assigned by the local school system or charter school delivering the course. (2) For each student enrolling in a course, the student's school system or the student's charter school shall transmit the student's identification number and the student's name to the local school system or charter school delivering the course. The school system or charter school delivering the course may request from the student's school system or the student's charter school other information from the student's school record. The student's school system or the student's charter school shall provide the requested information only in accordance with state law. (3) The student's school system or the student's charter school shall determine the manner in which and facilities at which the student shall participate in the course consistent with specifications for technology and connectivity adopted by the department. 1574 JOURNAL OF THE SENATE (4) A student may withdraw from a course prior to the end of the course only by a date and in a manner prescribed by the student's school system or the student's charter school. (5) A student who is enrolled in a school operated by a local school system or in a charter school and who takes a course included in the clearinghouse shall be counted in the funding formula of the student's school system or the student's charter school as if the student were taking the course from the student's school system or the student's charter school. (e)(1) The department shall set appropriate fees for one-credit and half-credit courses. (2) The department shall proportionally reduce the fee for any student who withdraws from a course prior to the end of the course pursuant to paragraph (4) of subsection (d) of this Code section. (3) For each student enrolled in a course included in the clearinghouse, and not later than the last day of that course, the department shall deduct the amount of the fee for that course from the student's school system or charter school allotment and shall pay that amount to the local school system or charter school delivering the course. (4) From the funds received pursuant to paragraph (3) of this subsection, the local school system or charter school delivering the course shall pay the teacher conducting the course such additional amount of compensation as set by the department based on the number of students taking the course and the course fee. (f) The grade for a student who enrolls in a course included in the clearinghouse shall be assigned by the local school system or charter school that delivers the course and shall be transmitted by that school system or charter school to the student's school system or the student's charter school. (g) The department may determine the manner in which a course included in the clearinghouse may be offered as a dual enrollment program, may be offered to students who are enrolled in nonpublic schools or a home study program pursuant to Code Section 20-2-690, or may be offered at times outside the normal school day or school week, including any necessary additional fees and methods of payment for a course so offered. (h) The department shall promulgate rules and regulations for the implementation of this Code section. The department may coordinate the clearinghouse established pursuant to this Code section with the Georgia Virtual School established pursuant to Code Section 20-2-319.1. (i) Nothing in this Code section shall prohibit a local school system or charter school from offering an interactive distance learning course or other distance learning course using a computer-based method through any means other than the clearinghouse established and maintained under this Code section. 20-2-319.4. (a) This Code section shall be known and may be cited as the 'Rachel Sackett Act.' (b) As used in this Code section, the term: (1) 'Charter school' means a local charter school, as defined in paragraph (7) of Code MONDAY, MARCH 12, 2012 1575 Section 20-2-2062, a state chartered special school, as defined in paragraph (16) of Code Section 20-2-2062, and a commission charter school, as defined in paragraph (2) of Code Section 20-2-2081. (2) 'Nonenrolled student' means a student enrolled in a traditional public school, a charter school, or a virtual school who resides within the attendance zone of another public school but who is not enrolled in such school. For purposes of a charter school and a virtual school, the attendance zone shall be as designated in its charter. (3) 'Public school' means, without limitation, a traditional public school and a charter school. (4) 'Virtual school' means a charter school in which students attend all courses via the Internet or other electronic medium not involving on-site interaction with a teacher. (c) A public school shall allow any nonenrolled student to participate in any extracurricular activity offered or conducted by such public school in the same manner as any student currently enrolled at such public school as long as the public school that the student is attending does not offer such extracurricular activity. A nonenrolled public school student desiring to participate in an extracurricular activity shall register with the principal of the public school, or his or her designee, such intent to participate in extracurricular activities of the public school in accordance with rules and regulations established by the State Board of Education. The final approval for such participation shall reside in the discretion of the principal which shall only be withheld with just cause in accordance with state board rules and regulations as established pursuant to subsection (e) of this Code section and in accordance with local board policies, or State Board of Education or Georgia Charter Schools Commission policies, for a state chartered special school or a commission charter school, respectively. If approval is not granted, the principal shall provide notice in writing to the student and his or her parent or guardian which shall include the reason the participation was not approved. (d) A nonenrolled student shall comply with the same rules and requirements and be subject to the same code of conduct applicable to any student's participation in the same activity. (e) The State Board of Education shall establish rules and regulations to implement the provisions of this Code section, including procedures to follow if the interest in an extracurricular activity at a particular public school exceeds the capacity of such activity." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st offered the following amendment #1: Amend Senate Substitute to HB 175 by striking lines 129 - 164 1576 JOURNAL OF THE SENATE 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis N Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson E Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 175, having received the requisite constitutional majority, was passed by substitute. Senator Mullis of the 53rd recognized Heritage High School girls cross country team on winning the 2011 GHSA Class AAA State Championship, commended by SR 867, adopted previously. Head Coach Jeremy Wynne addressed the Senate briefly. The following message was received from the House through Mr. Rivers, the Clerk thereof: MONDAY, MARCH 12, 2012 1577 Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II). Senator Hooks of the 14th assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Tolleson of the 20th Rogers of the 21st Sims of the 12th The Calendar was resumed. HB 110. By Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide for a vacant property registry; to provide for a definition; to provide for required elements of a form for such registration; to provide for exemptions and maximum fees for such registration and for removal from the registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. The Senate Banking and Financial Institutions Committee offered the following substitute to HB 110: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide 1578 JOURNAL OF THE SENATE for vacant and foreclosed real property registries; to provide for definitions; to provide for required elements of a form for such registrations; to provide for exemptions from registration; to provide for maximum fees and penalties for registration and failure to register; to provide for appellate rights; 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 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, is amended by adding a new Code section to read as follows: "44-14-14. (a) For purposes of this Code section, the term: (1) 'Agent' means an individual with a place of business in this state at which he or she is authorized to accept inquiries, notices, and service of process on behalf of a vacant or foreclosed real property owner. (2) 'Department' means the Department of Community Affairs. (3) 'Foreclosed real property' means improved or unimproved real property for which a land disturbance permit has been issued by a county or municipal corporation and is held pursuant to a judicial or nonjudicial foreclosure of a mortgage, deed of trust, security deed, deed to secure debt, or other security instrument securing a debt or obligation owed to a creditor or a deed in lieu of foreclosure in full or partial satisfaction of a debt or obligation owed to a creditor. (4) 'Street address' means the street or route address. Such term shall not mean or include a post office box. (5) 'Vacant real property' means real property that: (A) Is intended for habitation, has not been lawfully inhabited for at least 60 days, and has no evidence of utility usage within the past 60 days; or (B) Is partially constructed or incomplete, without a valid building permit. Such term shall not include a building or structure containing multiple units with common ownership that has at least one unit occupied with evidence of utility usage. (b) Effective July 1, 2012: (1) A county or municipal corporation may establish by ordinance or resolution for the requirement of registration of vacant or foreclosed real property as provided in this Code section; (2) Notwithstanding county or municipal ordinances or resolutions that require registration for repeated ordinance violations that remain uncorrected for at least 90 days, no county or municipal corporation shall require registration of vacant property or real property that is unoccupied, uninhabited, abandoned, foreclosed, or advertised for foreclosure on any basis other than as set forth in this Code section or as may be otherwise authorized by general law; and MONDAY, MARCH 12, 2012 1579 (3) No county or municipal corporation shall require for purposes of a vacant or foreclosed real property registry established pursuant to this Code section any information or documentation other than as set forth in this Code section. Any requirements of a foreclosed real property registry established by a county or municipal ordinance or resolution in effect as of July 1, 2012, that are in conflict with the requirements of this Code section shall be hereby preempted. (c) Each registrant shall be required to file with a specifically identified office or officer a registration form, in paper or electronic format, as required by the county or municipal corporation, requiring submission of only the following information: (1) The real property owner's name, street address, mailing address, phone number, facsimile number, and e-mail address; (2) The agent's name, street address, mailing address, phone number, facsimile number, and e-mail address; (3) The real property's street address and tax parcel number; (4) The transfer date of the instrument conveying the real property to the owner; and (5) At such time as it becomes available, recording information, including deed book and page numbers, of the instrument conveying the real property to the owner. (d) The department may promulgate a standard vacant or foreclosed real property registry form that requires only the information set forth in subsection (c) of this Code section, in paper and electronic format. If such form is promulgated by the department, all counties and municipal corporations with a vacant or foreclosed real property registry shall use such form. (e)(1) When any real property is acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure and: (A) The deed under power of sale or deed in lieu of foreclosure contains the information specified in paragraphs (1) through (5) of subsection (c) of this Code section; (B) The deed is filed with the clerk of superior court within 60 days of the transfer; and (C) Proof of the following is provided to the office or officer in charge of the county or municipal foreclosed real property registry: (i) A filing date stamp or a receipt showing payment of the applicable filing fees; and (ii) The entire deed under power of sale or entire deed in lieu of foreclosure, a county or municipal corporation shall not require the transferee to register such foreclosed real property pursuant to this Code section or the payment of any administrative fees pursuant to subsection (h) of this Code section. (2) No county or municipal corporation may require registration of vacant or foreclosed real property pursuant to this Code section within 90 days of such real property's transfer: (A) Pursuant to a deed under power of sale or deed in lieu of foreclosure; or (B) To the first subsequent transferee after the vacant real property has been 1580 JOURNAL OF THE SENATE acquired by foreclosure under power of sale pursuant to Code Section 44-14-160 or acquired pursuant to a deed in lieu of foreclosure. (f) An ordinance or resolution establishing a registry pursuant to this Code section may require a vacant or foreclosed real property owner to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section within 30 days after any change in such required information regardless of whether the information provided to the registry was in the deed under power of sale or deed in lieu of foreclosure. (g) A vacant or foreclosed real property owner, or the agent of such owner, may apply to remove such vacant or foreclosed real property from the registry at such time as the real property no longer constitutes vacant or foreclosed real property. The county or municipal corporation shall grant or deny such application within 30 days, and if no such determination is made within 30 days, the application shall be deemed granted. (h) An ordinance or resolution establishing a vacant or foreclosed real property registry may require the payment of administrative fees for registration which shall reasonably approximate the cost to the county or municipal corporation of the establishment, maintenance, operation, and administration of the registry. Such fees shall not exceed $100.00 per registration. (i) An ordinance or resolution establishing a vacant or foreclosed real property registry may require penalties for failure to register or failure to update the information specified in paragraphs (1) through (5) of subsection (c) of this Code section, provided that such penalties shall not exceed $1,000.00. (j) A county or municipal ordinance or resolution requiring the registration of vacant or foreclosed real property shall provide for administrative procedures. The administrative procedures shall include the right to appeal to the municipal or recorder's court in the city where the vacant or foreclosed real property is located or to the magistrate or recorder's court of the county in which the vacant or foreclosed real property is located, subject to applicable jurisdictional requirements. Any vacant or foreclosed real property owner affected by a county or municipal ordinance or resolution requiring vacant or foreclosed real property registration may challenge any determination made pursuant to such ordinance or resolution. (k) An ordinance or resolution adopted by the governing authority of a county to establish a registry pursuant to this Code section may, subject to and in accordance with the requirements of this Code section, require registration of vacant or foreclosed real property within the entire territory of the county, except territory located within the boundaries of any municipal corporation, unless otherwise allowed by intergovernmental agreement between the county and municipal corporation. (l) Nothing in this Code section shall be construed to prohibit a county or municipal ordinance or resolution requiring the registration of vacant or foreclosed real property from providing for exemptions from such registration. (m) Nothing in this Code section shall be construed to impair, limit, or preempt in any way the power of a county or municipal corporation to enforce any applicable codes, as defined in Code Section 42-2-8, or to define or declare nuisances and to cause their MONDAY, MARCH 12, 2012 1581 removal or abatement by summary proceedings or otherwise. (n) Notwithstanding Code Section 36-74-30, an ordinance or resolution establishing a vacant or foreclosed real property registry may require the registration of residential rental property if such property is vacant or foreclosed real property." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. The President resumed the Chair. Senators Fort of the 39th and Jones of the 10th offered the following amendment #1: Amend the Senate Banking and Financial Institutions Committee substitute to HB 110 (LC 39 0096S) by inserting after "rights;" on line 6 the following: to provide that any funds received pursuant to a settlement among the states, the federal government, and financial institutions relative to alleged mortgage fraud shall be expended only for the purposes of enhancing mortgage fraud detection and prosecution and foreclosure relief; to authorize the Department of Community Affairs to contract with nonprofit organizations; By replacing "a new Code section" with "two new Code sections" on lines 11 and 12. By deleting the quotation mark at the end of line 127 and inserting between lines 127 and 128 the following: 44-14-15. Fifty percent of any funds received by the state pursuant to a settlement among the states, the federal government, and financial institutions relative to alleged mortgage fraud shall be expended solely for the purposes of enhancing mortgage fraud detection and prosecution and foreclosure relief. The Department of Community Affairs is authorized to contract with nonprofit organizations to provide foreclosure relief programs as directed by rule or regulation." Senator Staton of the 18th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment not germane. Senator Fort of the 39th appealed the ruling of the Chair. On the motion, a roll call was taken, and the vote was as follows: 1582 JOURNAL OF THE SENATE Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis N Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey E Rogers N Seay Y Shafer E Sims Y Staton Y Stone N Stoner E Tate Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34; nays 13, the motion prevailed, and the ruling of the Chair was sustained. Senators Jones of the 10th, Fort of the 39th and Davenport of the 44nd offered the following amendment #2: Amend the Senate Banking and Financial Institutions Committee substitute to HB 110 (LC 39 0096S) by inserting after "rights;" on line 6 the following: to provide that any funds received pursuant to a settlement among the states, the federal government, and financial institutions relative to alleged mortgage fraud shall be expended only for the purposes of enhancing mortgage fraud detection and prosecution and foreclosure relief; to authorize the Department of Community Affairs to contract with nonprofit organizations; By replacing "a new Code section" with "two new Code sections" on lines 11 and 12. By deleting the quotation mark at the end of line 127 and inserting between lines 127 and 128 the following: 44-14-15. All conveyances, obligations, bills of sale, and other instruments of writing executed on or after January 1, 2013, that convey or sell real property with the intention of securing the payment of money, whether such instrument is from the debtor to the creditor or MONDAY, MARCH 12, 2012 1583 from the debtor to a third person in trust for the creditor, shall be deemed to be mortgages and shall be subject to all provisions of law relating to mortgages. No such instrument executed on or after January 1, 2013, shall be foreclosed through any procedure other than those governed by the provisions governing the foreclosure of mortgages. Nothing in this Code section shall be construed so as to impair any contract entered into prior to January 1, 2013." Senator Unterman of the 45th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment not germane. Senators Rogers of the 21st and Gooch of the 51st offered the following amendment #3: Amend the Senate Banking and Financial Institutions Committee substitute to HB 110 (LC 39 0096S) by inserting after "Any requirements of a" on line 46 "vacant or". On the adoption of the amendment, there were no objections, and the Rogers, Gooch amendment #3 to the committee substitute was adopted. Senators Gooch of the 51st, Rogers of the 21st, Loudermilk of the 52nd, Tippins of the 37th and Chance of the 16th offered the following amendment #4: Amend the Senate Banking and Financial Institutions Committee substitute to HB 110 (LC 39 0096S) by deleting lines 37 through 42 and inserting in lieu thereof the following: (2) No county or municipal corporation shall require registration of foreclosed real property or real property on any basis other than as set forth in this Code section or as may be hereafter authorized by general law, and all existing county ordinances or resolutions shall hereby be preempted. By deleting "vacant and" on line 3. By deleting lines 27 through 32. By deleting "vacant or" on lines 16, 35, 43, 60, 63, 78, 85, 89, 90, 91, 94, 99, 103, 106, 107, 108, 109, 114, 119, 126, and 127. By deleting "vacant" on line 81. On the adoption of the amendment, the President asked unanimous consent. 1584 JOURNAL OF THE SENATE Senator Unterman of the 45th objected. On the adoption of the amendment, the yeas were 9, nays 33, and the Gooch, et al. amendment #4 to the committee substitute was lost. Senators Heath of the 31st and Loudermilk of the 52nd offered the following amendment #5: Amend Comm Substitute LC 39 0096S to HB 110 by changing $100.00 on line 98 to $10.00 On the adoption of the amendment, the President asked unanimous consent. Senator Stone of the 23rd objected. On the adoption of the amendment, Senator Heath of the 31st called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch N Butler N Carter, B E Carter, J Y Chance N Cowsert Y Crane N Crosby N Davenport E Davis N Fort N Ginn N Goggans E Golden Y Gooch N Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks N Jackson, B N Jackson, L N James N Jeffares N Jones Y Ligon Y Loudermilk Y McKoon N Millar N Miller N Mullis N Murphy N Orrock N Paris N Ramsey E Rogers N Seay Y Shafer E Sims Y Staton N Stone N Stoner E Tate N Thompson, C N Thompson, S N Tippins E Tolleson N Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 13, nays 36, and the Heath, Loudermilk amendment #5 to the committee substitute was lost. MONDAY, MARCH 12, 2012 1585 Senator Orrock of the 36th offered the following amendment #6: Amend LC 39 0096S to HB 110 by striking, on line 79, the word "90", and replacing it with the word "30" On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th 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 Albers Y Balfour N Bethel N Bulloch Y Butler N Carter, B E Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport E Davis Y Fort N Ginn N Goggans E Golden N Gooch N Grant N Hamrick Y Harbison N Heath N Henson N Hill, Jack N Hill, Judson N Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey E Rogers Y Seay Y Shafer E Sims N Staton N Stone Y Stoner E Tate Y Thompson, C Y Thompson, S N Tippins E Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 16, nays 33, and the Orrock amendment #6 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: 1586 JOURNAL OF THE SENATE Y Albers Y Balfour N Bethel Y Bulloch N Butler Y Carter, B E Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport E Davis N Fort Y Ginn Y Goggans E Golden N Gooch Y Grant Y Hamrick Y Harbison N Heath N Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Jeffares N Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Paris N Ramsey E Rogers N Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 15. HB 110, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th assumed the Chair. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Murphy of the 27th The following bill was taken up to consider House action thereto: HB 741. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to amend an Act providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the "General Appropriations Act," House Bill 78, Act No. 223, approved May 12, 2011, (Ga. L. 2011, Vol. I, Book II). The House amendment to the Senate substitute was as follows: MONDAY, MARCH 12, 2012 1587 Amend the Senate Substitute to HB 741 by striking all matter beginning immediately after the enacting clause through the end of the document and inserting in place thereof the following: Part I An Act making and providing appropriations for the State Fiscal Year beginning July 1, 2011, and ending June 30, 2012, known as the general appropriations Act, approved May 12, 2011, as House Bill 78, Act No. 223, Ga. Laws 2011, Volume One, Book Two Appendix, commencing at Page 1 of 231, 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, 2011 and ending June 30, 2012, as prescribed hereinafter for such fiscal year: HB 741 (FY 2012A) Governor House Senate Amendment Revenue Sources Available for Appropriation TOTAL STATE FUNDS $18,550,987,951 $18,550,987,951 $18,503,799,022 $18,503,799,022 State General Funds $16,023,068,183 $16,023,068,183 $15,975,879,254 $15,975,879,254 Revenue Shortfall Reserve for K-12 Needs $165,586,475 $165,586,475 $165,586,475 $165,586,475 State Motor Fuel Funds $934,393,584 $934,393,584 $934,393,584 $934,393,584 Lottery Proceeds $918,008,929 $918,008,929 $918,008,929 $918,008,929 Tobacco Settlement Funds $138,472,267 $138,472,267 $138,472,267 $138,472,267 Brain & Spinal Injury Trust Fund $2,333,708 $2,333,708 $2,333,708 $2,333,708 Nursing Home Provider Fees $143,556,543 $143,556,543 $143,556,543 $143,556,543 Hospital Provider Fee $225,568,262 $225,568,262 $225,568,262 $225,568,262 TOTAL FEDERAL FUNDS $10,654,791,199 $11,220,419,440 $11,095,468,390 $11,099,711,611 Federal Funds Not Itemized $2,927,329,239 $3,477,580,150 $3,477,555,120 $3,477,555,120 CCDF Mandatory & Matching Funds CFDA93.596 $93,207,077 $93,207,077 $93,207,077 $93,207,077 Child Care & Development Block Grant CFDA93.575 $130,957,733 $130,957,733 $130,957,733 $130,957,733 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 $14,163,709 Community Services Block Grant CFDA93.569 $17,282,159 $17,282,159 $17,282,159 $17,282,159 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,143,641,430 $1,143,641,430 $1,143,641,430 $1,143,641,430 Foster Care Title IV-E CFDA93.658 $77,728,169 $77,728,169 $77,728,169 $77,728,169 Low-Income Home Energy Assistance CFDA93.568 $24,827,737 $24,827,737 $24,827,737 $24,827,737 Maternal & Child Health Services Block Grant CFDA93.994 $20,893,965 $20,893,965 $20,893,965 $20,893,965 Medical Assistance Program CFDA93.778 $5,433,905,069 $5,449,282,399 $5,321,519,219 $5,325,028,708 1588 JOURNAL OF THE SENATE Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 FFIND 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 FFIND Temp. Assistance for Needy Families 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 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 Accounting System Assessments $51,480,893 $2,226,545 $52,945,743 $35,981,142 $266,205,440 $330,741,739 $330,741,739 $21,721,810 $9,551,600 $5,636,268,062 $8,146,958 $8,146,958 $368,807,740 $368,807,740 $3,706,288 $3,706,288 $2,349,508,356 $214,057,828 $2,135,450,528 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,966,332 $6,500,000 $435,771 $2,651,014,433 $1,016,128 $13,055,304 $13,055,304 $3,503,697,210 $3,494,796,086 $12,192,899 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $266,205,440 $330,741,739 $330,741,739 $21,721,810 $9,551,600 $6,348,982,335 $8,146,958 $8,146,958 $1,081,908,308 $1,081,908,308 $3,706,288 $3,706,288 $2,349,508,356 $214,057,828 $2,135,450,528 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,580,037 $6,500,000 $435,771 $2,650,628,138 $1,016,128 $13,055,304 $13,055,304 $3,503,697,210 $3,494,796,086 $12,192,899 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $244,451,346 $355,332,993 $355,332,993 $21,721,810 $9,551,600 $6,348,982,335 $8,146,958 $8,146,958 $1,081,908,308 $1,081,908,308 $3,706,288 $3,706,288 $2,349,508,356 $214,057,828 $2,135,450,528 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,580,037 $6,500,000 $435,771 $2,650,628,138 $1,016,128 $13,055,304 $13,055,304 $3,503,546,746 $3,494,645,622 $12,192,899 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $245,185,078 $355,332,993 $355,332,993 $21,721,810 $9,551,600 $6,351,482,335 $8,146,958 $8,146,958 $1,081,908,308 $1,081,908,308 $3,706,288 $3,706,288 $2,352,008,356 $214,057,828 $2,137,950,528 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,658,580,037 $6,500,000 $435,771 $2,650,628,138 $1,016,128 $13,055,304 $13,055,304 $3,503,546,746 $3,494,645,622 $12,192,899 MONDAY, MARCH 12, 2012 1589 Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments Income from DECAL for Supplemental Childcare Services Central State Hospital Food and Utility Sales Indemnification Funds Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases Liability Funds Loss Control Funds Mail and Courier Services Merit System Assessments Merit System Training and Compensation Fees Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments for GBA Facilities 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 National School Lunch Program CFDA10.555 FF Water Quality Management Planning CFDA66.454 Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $1,451,269 $1,451,269 $1,300,805 $1,300,805 $8,277,437 $8,277,437 $8,277,437 $8,277,437 $2,930,915,989 $2,930,915,989 $2,930,915,989 $2,930,915,989 $2,500,000 $2,500,000 $2,500,000 $2,500,000 $2,357,130 $2,357,130 $2,357,130 $2,357,130 $716,378 $716,378 $716,378 $716,378 $34,350,000 $34,350,000 $34,350,000 $34,350,000 $1,967,074 $1,967,074 $1,967,074 $1,967,074 $28,427,991 $28,427,991 $28,427,991 $28,427,991 $443,253 $443,253 $443,253 $443,253 $1,330,388 $1,330,388 $1,330,388 $1,330,388 $7,558,600 $7,558,600 $7,558,600 $7,558,600 $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 $23,019,185 $23,019,185 $23,019,185 $23,019,185 $727,045 $727,045 $727,045 $727,045 $46,157,764 $46,157,764 $46,157,764 $46,157,764 $2,621,163 $2,621,163 $2,621,163 $2,621,163 $18,666,404 $18,666,404 $18,666,404 $18,666,404 $89,100,000 $89,100,000 $89,100,000 $89,100,000 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $1,627,930 $6,982,905 $6,982,905 $6,982,905 $6,982,905 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,531,226 $1,531,226 $1,531,226 $1,531,226 $48,098 $48,098 $48,098 $48,098 $3,353,096 $3,353,096 $3,353,096 $3,353,096 $248,358 $248,358 $248,358 $248,358 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $34,842,047,212 $36,120,389,726 $35,948,249,747 $35,954,992,968 1590 JOURNAL OF THE SENATE Changes in Fund Availability TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs State Motor Fuel Funds Lottery Proceeds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Foster Care Title IV-E CFDA93.658 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 Temporary Assistance for Needy Families Grant CFDA93.558 FFIND Temp. Assistance for Needy Families CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts $255,156,098 $255,156,098 $207,967,169 $207,967,169 $43,710,412 $43,710,412 ($3,478,517) ($3,478,517) $165,586,475 $165,586,475 $165,586,475 $165,586,475 $27,156,289 $27,156,289 $27,156,289 $27,156,289 $4,638,104 $4,638,104 $4,638,104 $4,638,104 $400,000 $400,000 $400,000 $400,000 $12,234,604 $12,234,604 $12,234,604 $12,234,604 $1,430,214 $1,430,214 $1,430,214 $1,430,214 $449,565,349 $1,015,193,590 $865,651,286 $869,894,507 ($8,400,787) $541,850,124 $541,825,094 $541,825,094 $2,176,512 $2,176,512 $2,176,512 $2,176,512 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $432,966,945 $448,344,275 $320,581,095 $324,090,584 $200,470 $200,470 $200,470 $200,470 $66,982,008 $66,982,008 $45,227,914 $45,961,646 ($34,019,598) ($34,019,598) ($34,019,598) ($34,019,598) ($8,219,598) ($8,219,598) ($8,219,598) ($8,219,598) ($2,634,262) ($2,634,262) ($2,634,262) ($2,634,262) ($8,705,939) ($8,705,939) ($8,705,939) ($8,705,939) $353,471,960 $1,066,186,233 $1,066,186,233 $1,068,686,233 $351,939,816 $1,065,040,384 $1,065,040,384 $1,065,040,384 $351,939,816 $1,065,040,384 $1,065,040,384 $1,065,040,384 $552,576 $552,576 $552,576 $3,052,576 $552,576 $552,576 $552,576 $3,052,576 $496,301 $496,301 $496,301 $496,301 $496,301 $496,301 $496,301 $496,301 $483,267 $96,972 $96,972 $96,972 $483,267 $96,972 $96,972 $96,972 ($148,876,255) ($148,876,255) ($149,026,719) ($149,026,719) ($149,166,544) ($149,166,544) ($149,317,008) ($149,317,008) $150,464 $150,464 $0 $0 $48,000 $48,000 $48,000 $48,000 MONDAY, MARCH 12, 2012 1591 Health Insurance Payments Unemployment Compensation Funds Workers Compensation Funds Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS ($175,140,614) ($175,140,614) ($175,140,614) ($175,140,614) $3,000,000 $3,000,000 $3,000,000 $3,000,000 $22,775,606 $22,775,606 $22,775,606 $22,775,606 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $290,289 $909,317,152 $2,187,659,666 $1,990,777,969 $1,997,521,190 Reconciliation of Fund Availability to Fund Application TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 ($24,591,254) ($24,591,254) ($24,591,254) ($24,591,254) ($24,591,254) ($24,591,254) Section 1: Georgia Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $10,266,366 $10,259,750 $10,266,366 $10,259,750 $10,266,366 $10,259,750 $10,259,750 $10,259,750 $10,259,750 $10,259,750 $10,259,750 $10,259,750 Lieutenant Governor's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 1.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $19,427 $19,427 $19,427 1592 JOURNAL OF THE SENATE 1.2 Reduce funds for operations. State General Funds ($21,775) ($21,775) ($21,775) 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,187,278 $1,187,278 $1,187,278 $1,184,930 $1,184,930 $1,184,930 Appropriation (HB 741) $1,184,930 $1,184,930 $1,184,930 $1,184,930 $1,184,930 $1,184,930 Secretary of the Senate's Office Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 2.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $13,958 $13,958 $13,958 2.2 Reduce funds for operations. State General Funds ($18,680) ($18,680) ($18,680) 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,080,389 $1,080,389 $1,080,389 $7,073,613 $7,073,613 $7,073,613 $1,075,667 $1,075,667 $1,075,667 Appropriation (HB 741) $1,075,667 $1,075,667 $1,075,667 $1,075,667 $1,075,667 $1,075,667 Continuation Budget $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 MONDAY, MARCH 12, 2012 1593 3.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $90,937 $90,937 $90,937 3.2 Reduce funds for operations. State General Funds ($106,459) ($106,459) ($106,459) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,073,613 $7,073,613 $7,073,613 $7,058,091 $7,058,091 $7,058,091 Appropriation (HB 741) $7,058,091 $7,058,091 $7,058,091 $7,058,091 $7,058,091 $7,058,091 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 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 4.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $15,976 $15,976 $15,976 4.100 -Senate Budget and Evaluation Office Appropriation (HB 741) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $925,086 $941,062 $941,062 $941,062 State General Funds $925,086 $941,062 $941,062 $941,062 TOTAL PUBLIC FUNDS $925,086 $941,062 $941,062 $941,062 Section 2: Georgia House of Representatives Section Total - Continuation 1594 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 Section Total - Final $18,540,176 $18,506,135 $18,540,176 $18,506,135 $18,540,176 $18,506,135 $18,540,176 $18,540,176 $18,540,176 $18,506,135 $18,506,135 $18,506,135 $18,540,176 $18,540,176 $18,540,176 $18,506,135 $18,506,135 $18,506,135 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 5.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $224,082 $224,082 $224,082 5.2 Reduce funds for operations. State General Funds ($258,123) ($258,123) ($258,123) 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 $18,506,135 $18,506,135 $18,506,135 Appropriation (HB 741) $18,506,135 $18,506,135 $18,506,135 $18,506,135 $18,506,135 $18,506,135 Section Total - Continuation $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 MONDAY, MARCH 12, 2012 1595 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,994,033 $9,961,286 $9,994,033 $9,961,286 $9,994,033 $9,961,286 $9,961,286 $9,961,286 $9,961,286 $9,961,286 $9,961,286 $9,961,286 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 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 6.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $21,143 $21,143 $21,143 6.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,048 $8,048 $8,048 6.3 Reduce funds for operations. State General Funds ($147,096) ($147,096) ($147,096) 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,903,201 $4,785,296 State General Funds $4,903,201 $4,785,296 TOTAL PUBLIC FUNDS $4,903,201 $4,785,296 Appropriation (HB 741) $4,785,296 $4,785,296 $4,785,296 $4,785,296 $4,785,296 $4,785,296 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. 1596 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 7.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $31,318 $31,318 $31,318 7.100-Legislative Fiscal Office Appropriation (HB 741) 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 $2,244,125 $2,275,443 $2,275,443 $2,275,443 State General Funds $2,244,125 $2,275,443 $2,275,443 $2,275,443 TOTAL PUBLIC FUNDS $2,244,125 $2,275,443 $2,275,443 $2,275,443 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 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 8.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $53,840 $53,840 $53,840 8.100 -Office of Legislative Counsel Appropriation (HB 741) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,846,707 $2,900,547 $2,900,547 $2,900,547 State General Funds $2,846,707 $2,900,547 $2,900,547 $2,900,547 TOTAL PUBLIC FUNDS $2,846,707 $2,900,547 $2,900,547 $2,900,547 MONDAY, MARCH 12, 2012 1597 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $29,426,906 $29,426,906 $29,426,906 $29,426,906 $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $30,547,096 $30,547,096 $30,547,096 Section Total - Final $29,426,906 $29,900,967 $29,426,906 $29,900,967 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $30,547,096 $31,021,157 $29,900,967 $29,900,967 $1,120,190 $1,120,190 $1,120,190 $31,021,157 $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $30,547,096 $29,900,967 $29,900,967 $1,120,190 $1,120,190 $1,120,190 $31,021,157 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 1598 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $26,725,799 $26,725,799 $26,725,799 $26,725,799 9.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $436,450 $436,450 $436,450 9.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($29,509) ($29,509) ($29,509) 9.99 Amendment: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; to audit Medicaid provider claims; and to provide state financial information online to promote transparency in government. Senate: The purpose of this appropriation is to provide audit and assurance services for State Agencies, Authorities, Commissions, Bureaus, and higher education systems to facilitate Auditor's reports for the State of Georgia Comprehensive Annual Financial Report, the State of Georgia Single Audit Report, and the State of Georgia Budgetary Compliance Report; to conduct audits of public school systems in Georgia; to perform special examinations and investigations; to conduct performance audits and evaluations at the request of the General Assembly; to conduct reviews of audits reports conducted by other independent auditors of local governments and non-profit organizations contracting with the State; and to provide state financial information online to promote transparency in government. State General Funds $0 $0 9.100 -Audit and Assurance Services Appropriation (HB 741) 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; and to provide state financial information online to promote transparency in government. TOTAL STATE FUNDS $25,605,609 $26,012,550 $26,012,550 $26,012,550 MONDAY, MARCH 12, 2012 State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 1599 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 $26,012,550 $1,120,190 $1,120,190 $1,120,190 $27,132,740 $26,012,550 $1,120,190 $1,120,190 $1,120,190 $27,132,740 $26,012,550 $1,120,190 $1,120,190 $1,120,190 $27,132,740 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 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 10.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $24,516 $24,516 $24,516 10.2 Increase funds to pass through funding for operations for the Immigration Enforcement Review Board. (S and CC:Reflect funds in new Immigration Enforcement Review Board program) State General Funds $7,650 $0 $0 10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,587,057 $1,619,223 State General Funds $1,587,057 $1,619,223 TOTAL PUBLIC FUNDS $1,587,057 $1,619,223 Appropriation (HB 741) $1,611,573 $1,611,573 $1,611,573 $1,611,573 $1,611,573 $1,611,573 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. 1600 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 11.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,324 $2,324 $2,324 11.100 -Legislative Services Appropriation (HB 741) 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 $242,758 $245,082 $245,082 $245,082 State General Funds $242,758 $245,082 $245,082 $245,082 TOTAL PUBLIC FUNDS $242,758 $245,082 $245,082 $245,082 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 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 12.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $32,630 $32,630 $32,630 MONDAY, MARCH 12, 2012 1601 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 741) 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 $1,991,482 $2,024,112 $2,024,112 $2,024,112 State General Funds $1,991,482 $2,024,112 $2,024,112 $2,024,112 TOTAL PUBLIC FUNDS $1,991,482 $2,024,112 $2,024,112 $2,024,112 Immigration Enforcement Review Board Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 800.1 Increase funds for operations for the Immigration Enforcement Review Board. State General Funds $7,650 $7,650 800.99 Amendment: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. Senate: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. State General Funds $0 $0 800.100-Immigration Enforcement Review Board Appropriation (HB 741) The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. TOTAL STATE FUNDS $7,650 $7,650 State General Funds $7,650 $7,650 1602 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,650 Section Total - Continuation $13,357,490 $13,357,490 $13,357,490 $13,357,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $13,507,490 $13,507,490 $13,507,490 Section Total - Final $13,398,030 $13,671,638 $13,398,030 $13,671,638 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $13,548,030 $13,821,638 $13,716,322 $13,716,322 $150,000 $150,000 $150,000 $13,866,322 $7,650 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,716,322 $13,716,322 $150,000 $150,000 $150,000 $13,866,322 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 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 13.1 Increase funds for vacant staff attorney position beginning March 1, 2012. State General Funds $40,540 $40,540 $40,540 $40,540 MONDAY, MARCH 12, 2012 1603 13.2 Increase funds to restore personnel reductions. State General Funds $63,000 $63,000 $63,000 13.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $209,373 $254,057 $254,057 13.4 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,235 $1,235 $1,235 13.100 -Court of Appeals Appropriation (HB 741) 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 $13,398,030 $13,671,638 $13,716,322 $13,716,322 State General Funds $13,398,030 $13,671,638 $13,716,322 $13,716,322 TOTAL AGENCY FUNDS $150,000 $150,000 $150,000 $150,000 Sales and Services $150,000 $150,000 $150,000 $150,000 Sales and Services Not Itemized $150,000 $150,000 $150,000 $150,000 TOTAL PUBLIC FUNDS $13,548,030 $13,821,638 $13,866,322 $13,866,322 Section 6: Judicial Council 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 Section Total - Continuation $13,468,577 $13,468,577 $13,468,577 $13,468,577 $13,468,577 $13,468,577 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $17,166,510 $17,166,510 $17,166,510 $13,468,577 $13,468,577 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,166,510 1604 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 Section Total - Final $13,719,217 $13,702,728 $13,719,217 $13,702,728 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $17,417,150 $17,400,661 $13,516,588 $13,516,588 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,214,521 $13,689,228 $13,689,228 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,387,161 Accountability Courts Continuation Budget The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Standing Committee on Drug Courts. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 14.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,290 $2,290 $2,290 14.100 -Accountability Courts Appropriation (HB 741) The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Standing Committee on Drug Courts. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. TOTAL STATE FUNDS $2,263,559 $2,265,849 $2,265,849 $2,265,849 State General Funds $2,263,559 $2,265,849 $2,265,849 $2,265,849 MONDAY, MARCH 12, 2012 1605 TOTAL PUBLIC FUNDS $2,263,559 $2,265,849 $2,265,849 $2,265,849 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 $0 $0 $172,890 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 $172,890 15.100-Georgia Office of Dispute Resolution Appropriation (HB 741) 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 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 $461,789 $461,789 $703,203 $461,789 $461,789 $703,203 $461,789 $461,789 $703,203 $461,789 $461,789 $703,203 1606 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $703,203 $703,203 $1,164,992 $703,203 $703,203 $1,164,992 $703,203 $703,203 $1,164,992 $703,203 $703,203 $1,164,992 16.100 -Institute of Continuing Judicial Education Appropriation (HB 741) 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 $461,789 $461,789 $461,789 $461,789 State General Funds $461,789 $461,789 $461,789 $461,789 TOTAL AGENCY FUNDS $703,203 $703,203 $703,203 $703,203 Sales and Services $703,203 $703,203 $703,203 $703,203 Sales and Services Not Itemized $703,203 $703,203 $703,203 $703,203 TOTAL PUBLIC FUNDS $1,164,992 $1,164,992 $1,164,992 $1,164,992 Judicial Council Continuation Budget The purpose of this appropriation is to support the Administrative Office of the 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, and the Children and Family Courts division; and to support the Committee on Justice for 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 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 17.1 Increase funds to provide for a remote interpreter pilot program in two rural counties. State General Funds $25,000 $25,000 $20,000 $20,000 MONDAY, MARCH 12, 2012 1607 17.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $90,326 $90,326 $90,326 17.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($94,609) ($94,609) ($94,609) 17.100 -Judicial Council Appropriation (HB 741) The purpose of this appropriation is to support the Administrative Office of the 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, and the Children and Family Courts division; and to support the Committee on Justice for Children. TOTAL STATE FUNDS $9,793,489 $9,789,206 $9,784,206 $9,784,206 State General Funds $9,793,489 $9,789,206 $9,784,206 $9,784,206 TOTAL FEDERAL FUNDS $2,552,935 $2,552,935 $2,552,935 $2,552,935 Federal Funds Not Itemized $2,552,935 $2,552,935 $2,552,935 $2,552,935 TOTAL AGENCY FUNDS $268,905 $268,905 $268,905 $268,905 Sales and Services $268,905 $268,905 $268,905 $268,905 Sales and Services Not Itemized $268,905 $268,905 $268,905 $268,905 TOTAL PUBLIC FUNDS $12,615,329 $12,611,046 $12,606,046 $12,606,046 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 18.1 Increase funds to provide for an investigative staff attorney. $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 1608 JOURNAL OF THE SENATE State General Funds $53,000 $35,000 $26,500 $26,500 18.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,504 $3,504 $3,504 18.100-Judicial Qualifications Commission Appropriation (HB 741) 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 $462,240 $447,744 $439,244 $439,244 State General Funds $462,240 $447,744 $439,244 $439,244 TOTAL PUBLIC FUNDS $462,240 $447,744 $439,244 $439,244 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 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 19.1 Increase funds to replace the elimination of all Georgia Bar Foundation funding. State General Funds $172,640 $172,640 $0 $172,640 19.100 -Resource Center Appropriation (HB 741) 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 $738,140 $738,140 $565,500 $738,140 State General Funds $738,140 $738,140 $565,500 $738,140 TOTAL PUBLIC FUNDS $738,140 $738,140 $565,500 $738,140 MONDAY, MARCH 12, 2012 1609 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,718,350 $6,718,350 $6,718,350 $6,718,350 $6,718,350 $6,718,350 $447,456 $447,456 $447,456 $447,456 $447,456 $447,456 $7,165,806 $7,165,806 $7,165,806 Section Total - Final $6,718,350 $6,740,219 $6,718,350 $6,740,219 $447,456 $447,456 $447,456 $447,456 $7,165,806 $7,187,675 $6,740,219 $6,740,219 $447,456 $447,456 $7,187,675 $6,718,350 $6,718,350 $447,456 $447,456 $7,165,806 $6,740,219 $6,740,219 $447,456 $447,456 $7,187,675 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 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 20.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $21,648 $21,648 $21,648 20.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $221 $221 $221 1610 JOURNAL OF THE SENATE 20.100 -Council of Juvenile Court Judges Appropriation (HB 741) 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 $1,413,955 $1,435,824 $1,435,824 $1,435,824 State General Funds $1,413,955 $1,435,824 $1,435,824 $1,435,824 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,861,411 $1,883,280 $1,883,280 $1,883,280 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 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 21.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 741) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,304,395 $5,304,395 $5,304,395 $5,304,395 State General Funds $5,304,395 $5,304,395 $5,304,395 $5,304,395 TOTAL PUBLIC FUNDS $5,304,395 $5,304,395 $5,304,395 $5,304,395 Section 8: Prosecuting Attorneys 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 Section Total - Continuation $57,334,703 $57,334,703 $57,334,703 $57,334,703 $57,334,703 $57,334,703 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $59,136,830 $59,136,830 $59,136,830 $57,334,703 $57,334,703 $1,802,127 $1,802,127 $1,802,127 $59,136,830 MONDAY, MARCH 12, 2012 1611 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 Section Total - Final $57,430,167 $58,402,406 $57,430,167 $58,402,406 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $59,232,294 $60,204,533 $58,434,417 $58,434,417 $1,802,127 $1,802,127 $1,802,127 $60,236,544 $58,434,417 $58,434,417 $1,802,127 $1,802,127 $1,802,127 $60,236,544 Council of Superior Court Clerks (PAC) 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 the training of superior court clerks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 22.100 -Council of Superior Court Clerks (PAC) Appropriation (HB 741) 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 $187,455 $187,455 $187,455 $187,455 State General Funds $187,455 $187,455 $187,455 $187,455 TOTAL PUBLIC FUNDS $187,455 $187,455 $187,455 $187,455 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 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 1612 JOURNAL OF THE SENATE 23.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $996,606 $1,028,617 $1,028,617 23.100-District Attorneys Appropriation (HB 741) 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 $51,702,616 $52,699,222 $52,731,233 $52,731,233 State General Funds $51,702,616 $52,699,222 $52,731,233 $52,731,233 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,802,127 $1,802,127 $1,802,127 $1,802,127 Federal Funds Transfers $1,802,127 $1,802,127 $1,802,127 $1,802,127 FF Child Support Enforcement Title IV-D CFDA93.563 $1,802,127 $1,802,127 $1,802,127 $1,802,127 TOTAL PUBLIC FUNDS $53,504,743 $54,501,349 $54,533,360 $54,533,360 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 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 24.1 Increase funds to restore rent reductions in FY2012. State General Funds $72,838 $72,838 $72,838 $72,838 24.2 Increase funds to restore personnel and operations reduced in FY2012. State General Funds $22,626 $0 $0 $0 24.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,741) ($1,741) ($1,741) MONDAY, MARCH 12, 2012 1613 24.100 -Prosecuting Attorney's Council Appropriation (HB 741) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,540,096 $5,515,729 $5,515,729 $5,515,729 State General Funds $5,540,096 $5,515,729 $5,515,729 $5,515,729 TOTAL PUBLIC FUNDS $5,540,096 $5,515,729 $5,515,729 $5,515,729 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $59,175,888 $59,925,139 $59,175,888 $59,925,139 $59,175,888 $59,925,139 $59,907,088 $59,907,088 $59,907,088 $59,925,139 $59,925,139 $59,925,139 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 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 25.1 Increase funds for temporary labor to replace eliminated positions. State General Funds $10,800 $10,800 $10,800 $10,800 25.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1614 JOURNAL OF THE SENATE State General Funds 25.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $19,416 $2,294 $19,416 $2,294 $19,416 $2,294 25.100 -Council of Superior Court Judges Appropriation (HB 741) 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 $1,213,518 $1,235,228 $1,235,228 $1,235,228 State General Funds $1,213,518 $1,235,228 $1,235,228 $1,235,228 TOTAL PUBLIC FUNDS $1,213,518 $1,235,228 $1,235,228 $1,235,228 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 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 26.1 Increase funds to restore FY2012 personnel reductions. State General Funds $36,102 $18,051 $0 $18,051 26.2 Increase funds for operations that have been reduced from FY2009 to FY2012 as a result of budget reductions. State General Funds $21,858 $0 $0 $0 26.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $36,110 $36,110 $36,110 26.100 -Judicial Administrative Districts Appropriation (HB 741) The purpose of this appropriation is to provide regional administrative support to the judges of the superior court. This support MONDAY, MARCH 12, 2012 1615 includes managing budgets, policy, procedure, and providing a liaison between local and state courts. TOTAL STATE FUNDS $2,236,989 $2,233,190 $2,215,139 State General Funds $2,236,989 $2,233,190 $2,215,139 TOTAL PUBLIC FUNDS $2,236,989 $2,233,190 $2,215,139 $2,233,190 $2,233,190 $2,233,190 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 State General Funds TOTAL PUBLIC FUNDS $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 27.1 Increase funds to restore FY2012 personnel reductions. State General Funds $337,116 $168,558 $168,558 $168,558 27.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $899,898 $899,898 $899,898 27.100 -Superior Court Judges Appropriation (HB 741) 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 $55,725,381 $56,456,721 $56,456,721 $56,456,721 State General Funds $55,725,381 $56,456,721 $56,456,721 $56,456,721 TOTAL PUBLIC FUNDS $55,725,381 $56,456,721 $56,456,721 $56,456,721 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds Section Total - Continuation $8,625,575 $8,625,575 $8,625,575 $8,625,575 $8,625,575 $8,625,575 $8,625,575 $8,625,575 1616 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,859,823 $1,859,823 $1,859,823 $10,485,398 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $1,859,823 $1,859,823 $1,859,823 $10,485,398 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,650,265 $8,800,680 $8,650,265 $8,800,680 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $10,510,088 $10,660,503 $8,800,680 $8,800,680 $1,859,823 $1,859,823 $1,859,823 $10,660,503 $8,800,680 $8,800,680 $1,859,823 $1,859,823 $1,859,823 $10,660,503 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 28.1 Increase funds to address a shortfall in the Employees' Retirement System payments. State General Funds $24,690 $24,690 $24,690 $24,690 28.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. MONDAY, MARCH 12, 2012 1617 State General Funds 28.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $146,137 $4,278 $146,137 $4,278 $146,137 $4,278 28.100-Supreme Court of Georgia Appropriation (HB 741) 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 $8,650,265 $8,800,680 $8,800,680 $8,800,680 State General Funds $8,650,265 $8,800,680 $8,800,680 $8,800,680 TOTAL AGENCY FUNDS $1,859,823 $1,859,823 $1,859,823 $1,859,823 Sales and Services $1,859,823 $1,859,823 $1,859,823 $1,859,823 Sales and Services Not Itemized $1,859,823 $1,859,823 $1,859,823 $1,859,823 TOTAL PUBLIC FUNDS $10,510,088 $10,660,503 $10,660,503 $10,660,503 Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Continuation $3,689,254 $3,689,254 $3,689,254 $3,689,254 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $15,882,153 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Section Total - Final $4,063,462 $3,751,462 $4,063,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 1618 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $16,256,361 $15,944,361 $15,944,361 $15,944,361 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 Accounting System Assessments TOTAL PUBLIC FUNDS $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 29.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $57,365 $57,365 $57,365 $57,365 29.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $78,628 $78,628 $78,628 $78,628 29.3 Reduce funds for a training contract with the Carl Vinson Institute of Government. State General Funds ($73,785) ($73,785) ($73,785) ($73,785) 29.4 Increase funds for a grants management program. State General Funds $312,000 $0 $0 $0 29.100 -State Accounting Office Appropriation (HB 741) 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. MONDAY, MARCH 12, 2012 1619 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Mail and Courier Services Motor Vehicle Rental Payments Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds $4,063,462 $4,063,462 $12,192,899 $12,192,899 $12,192,899 $16,256,361 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $15,944,361 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $15,944,361 $3,751,462 $3,751,462 $12,192,899 $12,192,899 $12,192,899 $15,944,361 Section Total - Continuation $7,860,094 $7,860,094 $7,860,094 $7,860,094 $7,860,094 $7,860,094 $18,359,092 $18,359,092 $18,359,092 $792,810 $792,810 $792,810 $792,810 $792,810 $792,810 $3,366,288 $3,366,288 $3,366,288 $3,366,288 $3,366,288 $3,366,288 $12,447,095 $12,447,095 $12,447,095 $12,447,095 $12,447,095 $12,447,095 $1,752,899 $1,752,899 $1,752,899 $1,752,899 $1,752,899 $1,752,899 $140,196,374 $140,196,374 $140,196,374 $140,196,374 $140,196,374 $140,196,374 $1,300,805 $1,300,805 $1,300,805 $142,727 $142,727 $142,727 $716,378 $716,378 $716,378 $28,427,991 $28,427,991 $28,427,991 $443,253 $443,253 $443,253 $1,330,388 $1,330,388 $1,330,388 $203,686 $203,686 $203,686 $23,019,185 $23,019,185 $23,019,185 $2,621,163 $2,621,163 $2,621,163 $15,666,404 $15,666,404 $15,666,404 $66,324,394 $66,324,394 $66,324,394 $7,860,094 $7,860,094 $18,359,092 $792,810 $792,810 $3,366,288 $3,366,288 $12,447,095 $12,447,095 $1,752,899 $1,752,899 $140,196,374 $140,196,374 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $15,666,404 $66,324,394 1620 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized 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 Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Mail and Courier Services Motor Vehicle Rental Payments Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $166,415,560 $166,415,560 Section Total - Final $6,672,925 $6,672,925 $6,672,925 $6,672,925 $18,896,952 $18,896,952 $834,369 $834,369 $834,369 $834,369 $3,366,288 $3,366,288 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $1,752,899 $1,752,899 $166,122,444 $166,122,444 $166,122,444 $166,122,444 $1,451,269 $1,451,269 $142,727 $142,727 $716,378 $716,378 $28,427,991 $28,427,991 $443,253 $443,253 $1,330,388 $1,330,388 $203,686 $203,686 $23,019,185 $23,019,185 $2,621,163 $2,621,163 $18,666,404 $18,666,404 $89,100,000 $89,100,000 $191,692,321 $191,692,321 $166,415,560 $6,807,302 $6,807,302 $18,896,952 $834,369 $834,369 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $165,971,980 $165,971,980 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $18,666,404 $89,100,000 $191,676,234 $166,415,560 $6,807,302 $6,807,302 $18,896,952 $834,369 $834,369 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $165,971,980 $165,971,980 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $18,666,404 $89,100,000 $191,676,234 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 MONDAY, MARCH 12, 2012 1621 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $2,694,069 $1,599,047 $1,599,047 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 $2,694,069 $1,599,047 $1,599,047 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 $2,694,069 $1,599,047 $1,599,047 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 $2,694,069 $1,599,047 $1,599,047 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 30.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Rebates, Refunds, and Reimbursements Not Itemized $176,927 $176,927 $176,927 $176,927 30.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,227,297 1622 JOURNAL OF THE SENATE 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 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 31.100-Fleet Management Appropriation (HB 741) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $1,020,141 $172,093 $172,093 $848,048 $848,048 $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 $0 $0 $0 $0 $0 $0 $0 $0 MONDAY, MARCH 12, 2012 1623 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 33.100 -Mail and Courier Appropriation (HB 741) 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 State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $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 Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 1624 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $136,459,599 $136,459,599 34.1 Increase funds to reflect additional billings for unemployment insurance expenses. Unemployment Compensation Funds $3,000,000 $3,000,000 $136,459,599 $3,000,000 $136,459,599 $3,000,000 34.2 Increase funds to reflect Workers' Compensation premiums. Workers Compensation Funds $22,775,606 $22,775,606 $22,775,606 $22,775,606 34.100 -Risk Management Appropriation (HB 741) 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 State Funds Transfers Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 $162,235,205 $162,235,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,666,404 $89,100,000 $162,235,205 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 $0 $0 $0 $0 MONDAY, MARCH 12, 2012 1625 State General Funds TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $0 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $0 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $0 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $0 $10,000,000 $10,000,000 $10,000,000 $10,000,000 35.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Rebates, Refunds, and Reimbursements Not Itemized $319,374 $319,374 $319,374 $319,374 35.2 Remit payment to the State Treasury. (Total Funds: $2,500,000)(G:YES)(H:YES)(S:YES) Rebates, Refunds, and Reimbursements Not Itemized $0 $0 $0 $0 35.3 Remove the funding cap on State Purchasing and Administration to allow for the completion of Team Georgia Marketplace HB78 (2011 Session). (H:YES)(S:The Department is authorized to retain only $13,611,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $1,708,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year)(CC:The Department is authorized to retain only $13,611,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year) Rebates, Refunds, and Reimbursements Not Itemized $0 $0 $0 35.100 -State Purchasing Appropriation (HB 741) 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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 1626 JOURNAL OF THE SENATE 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 36.100 -Surplus Property Appropriation (HB 741) 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 Payments to Georgia Aviation Authority Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 MONDAY, MARCH 12, 2012 1627 37.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $50,626 $50,626 $50,626 $50,626 37.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $13,581 $13,581 $13,581 $13,581 37.3 Reduce funds for operations. State General Funds ($85,941) ($85,941) ($85,941) ($85,941) 37.98 Reduce funds to reflect an Executive Order to transfer nine months funding and six positions to the Department of Public Safety. State General Funds ($958,755) ($958,755) ($958,755) ($958,755) 37.100 -Payments to Georgia Aviation Authority Appropriation (HB 741) 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 $4,275,335 $4,275,335 $4,275,335 $4,275,335 State General Funds $4,275,335 $4,275,335 $4,275,335 $4,275,335 TOTAL PUBLIC FUNDS $4,275,335 $4,275,335 $4,275,335 $4,275,335 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. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 38.1 Reduce funds for payment to the State Treasury by $19,314,908 from $20,972,832 to $1,657,924 and utilize reserves for federal overrecovery payment. (Total Funds: $1,657,924)(G:YES)(S:YES)(CC:YES) State General Funds $0 $0 $0 $0 1628 JOURNAL OF THE SENATE 38.2 Utilize Georgia Technology Authority reserves to cover Department of Revenue GETS charges. (CC:YES) State General Funds $0 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 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 39.1 Replace funds for operations. State General Funds Reserved Fund Balances Not Itemized Total Public Funds: ($41,559) $41,559 $0 ($41,559) $41,559 $0 ($41,559) $41,559 $0 ($41,559) $41,559 $0 39.100 -Certificate of Need Appeal Panel Appropriation (HB 741) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 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 $2,562,711 $2,562,711 $1,300,805 $2,562,711 $2,562,711 $1,300,805 $2,562,711 $2,562,711 $1,300,805 $2,562,711 $2,562,711 $1,300,805 MONDAY, MARCH 12, 2012 1629 State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS $1,300,805 $1,300,805 $3,863,516 $1,300,805 $1,300,805 $3,863,516 $1,300,805 $1,300,805 $3,863,516 $1,300,805 $1,300,805 $3,863,516 40.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $36,597 $36,597 $36,597 $36,597 40.2 Reduce funds for temporary employees. State General Funds ($51,254) ($51,254) ($51,254) ($51,254) 40.3 Replace funds for operations. (S and CC:Reduce funds) State General Funds Administrative Hearing Payments per OCGA50-13-44 Total Public Funds: ($150,464) $150,464 $0 ($150,464) $150,464 $0 ($16,087) $0 ($16,087) ($16,087) $0 ($16,087) 40.100-Administrative Hearings, Office of State Appropriation (HB 741) 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 $2,397,590 $2,397,590 $2,531,967 $2,531,967 State General Funds $2,397,590 $2,397,590 $2,531,967 $2,531,967 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,451,269 $1,451,269 $1,300,805 $1,300,805 State Funds Transfers $1,451,269 $1,451,269 $1,300,805 $1,300,805 Administrative Hearing Payments per OCGA50-13-44 $1,451,269 $1,451,269 $1,300,805 $1,300,805 TOTAL PUBLIC FUNDS $3,848,859 $3,848,859 $3,832,772 $3,832,772 State Treasurer, Office of the 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 $0 $0 $0 $0 $0 $0 $0 $0 1630 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 41.100 -State Treasurer, Office of the Appropriation (HB 741) 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 Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 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 Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Continuation $30,926,045 $30,926,045 $30,926,045 $30,926,045 $30,926,045 $30,926,045 $7,263,921 $7,263,921 $7,263,921 $7,263,921 $7,263,921 $7,263,921 $11,181,826 $11,181,826 $11,181,826 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $11,006,826 $11,006,826 $11,006,826 $11,006,826 $11,006,826 $11,006,826 $846,739 $846,739 $846,739 $846,739 $846,739 $846,739 $225,000 $225,000 $225,000 $30,926,045 $30,926,045 $7,263,921 $7,263,921 $11,181,826 $175,000 $175,000 $11,006,826 $11,006,826 $846,739 $846,739 $225,000 MONDAY, MARCH 12, 2012 1631 TOTAL PUBLIC FUNDS 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $50,218,531 $50,218,531 Section Total - Final $30,332,748 $30,352,748 $30,332,748 $30,352,748 $7,163,980 $7,163,980 $7,163,980 $7,163,980 $11,148,443 $11,148,443 $175,000 $175,000 $175,000 $175,000 $10,973,443 $10,973,443 $10,973,443 $10,973,443 $846,739 $846,739 $846,739 $846,739 $225,000 $225,000 $49,491,910 $49,511,910 $50,218,531 $30,352,748 $30,352,748 $7,163,980 $7,163,980 $11,148,443 $175,000 $175,000 $10,973,443 $10,973,443 $846,739 $846,739 $225,000 $49,511,910 $50,218,531 $30,352,748 $30,352,748 $7,163,980 $7,163,980 $11,148,443 $175,000 $175,000 $10,973,443 $10,973,443 $846,739 $846,739 $225,000 $49,511,910 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 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 42.1 Reduce funds for operations. State General Funds ($57,350) ($57,350) ($57,350) ($57,350) 42.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 741) 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 $2,810,149 $2,810,149 $2,810,149 $2,810,149 State General Funds $2,810,149 $2,810,149 $2,810,149 $2,810,149 1632 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $2,810,149 $2,810,149 $2,810,149 $2,810,149 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 43.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $238,156 $238,156 $238,156 $238,156 43.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($20,966) ($20,966) ($20,966) ($20,966) 43.3 Reduce funds for personnel to reflect projected expenditures. MONDAY, MARCH 12, 2012 1633 State General Funds Federal Funds Not Itemized Total Public Funds: ($322,309) ($99,941) ($422,250) ($322,309) ($99,941) ($422,250) ($322,309) ($99,941) ($422,250) ($322,309) ($99,941) ($422,250) 43.100 -Consumer Protection Appropriation (HB 741) 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 $16,441,699 $16,441,699 $16,441,699 $16,441,699 State General Funds $16,441,699 $16,441,699 $16,441,699 $16,441,699 TOTAL FEDERAL FUNDS $7,128,980 $7,128,980 $7,128,980 $7,128,980 Federal Funds Not Itemized $7,128,980 $7,128,980 $7,128,980 $7,128,980 TOTAL AGENCY FUNDS $7,392,920 $7,392,920 $7,392,920 $7,392,920 Contributions, Donations, and Forfeitures $175,000 $175,000 $175,000 $175,000 Contributions, Donations, and Forfeitures Not Itemized $175,000 $175,000 $175,000 $175,000 Sales and Services $7,217,920 $7,217,920 $7,217,920 $7,217,920 Sales and Services Not Itemized $7,217,920 $7,217,920 $7,217,920 $7,217,920 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $225,000 $225,000 $225,000 $225,000 State Funds Transfers $225,000 $225,000 $225,000 $225,000 Agency to Agency Contracts $225,000 $225,000 $225,000 $225,000 TOTAL PUBLIC FUNDS $31,188,599 $31,188,599 $31,188,599 $31,188,599 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 AGENCY FUNDS $2,219,566 $2,219,566 $2,424,228 $2,219,566 $2,219,566 $2,424,228 $2,219,566 $2,219,566 $2,424,228 $2,219,566 $2,219,566 $2,424,228 1634 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,424,228 $2,424,228 $4,643,794 $2,424,228 $2,424,228 $4,643,794 $2,424,228 $2,424,228 $4,643,794 $2,424,228 $2,424,228 $4,643,794 44.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $33,753 $33,753 $33,753 $33,753 44.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($5,578) ($5,578) ($5,578) ($5,578) 44.3 Reduce funds for personnel to reflect projected expenditures and eliminate two filled positions. State General Funds ($96,417) ($96,417) ($96,417) ($96,417) 44.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $2,151,324 $2,151,324 $2,151,324 $2,151,324 State General Funds $2,151,324 $2,151,324 $2,151,324 $2,151,324 TOTAL AGENCY FUNDS $2,424,228 $2,424,228 $2,424,228 $2,424,228 Sales and Services $2,424,228 $2,424,228 $2,424,228 $2,424,228 Sales and Services Not Itemized $2,424,228 $2,424,228 $2,424,228 $2,424,228 TOTAL PUBLIC FUNDS $4,575,552 $4,575,552 $4,575,552 $4,575,552 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 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS $5,180,528 $5,180,528 $35,000 $35,000 $1,364,678 $5,180,528 $5,180,528 $35,000 $35,000 $1,364,678 $5,180,528 $5,180,528 $35,000 $35,000 $1,364,678 $5,180,528 $5,180,528 $35,000 $35,000 $1,364,678 MONDAY, MARCH 12, 2012 1635 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 45.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $72,587 $72,587 $72,587 $72,587 45.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($8,617) ($8,617) ($8,617) ($8,617) 45.3 Reduce funds for personnel to reflect projected expenditures and eliminate one vacant position. State General Funds Sales and Services Not Itemized Total Public Funds: ($62,914) ($33,383) ($96,297) ($62,914) ($33,383) ($96,297) ($62,914) ($33,383) ($96,297) ($62,914) ($33,383) ($96,297) 45.4 Reduce funds for travel. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 45.5 Reduce funds for contracts. State General Funds ($55,000) ($55,000) ($55,000) 45.6 Increase funds for H1B/H2A guest worker program. State General Funds $75,000 $75,000 $75,000 45.100-Marketing and Promotion Appropriation (HB 741) 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 $5,171,584 $5,191,584 $5,191,584 $5,191,584 1636 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $5,171,584 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $7,159,618 $5,191,584 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $7,179,618 $5,191,584 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $7,179,618 $5,191,584 $35,000 $35,000 $1,331,295 $1,331,295 $1,331,295 $621,739 $621,739 $7,179,618 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 46.1 Reduce funds for operations. State General Funds $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 ($56,394) ($56,394) ($56,394) ($56,394) 46.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 741) 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 $2,763,298 $2,763,298 $2,763,298 $2,763,298 State General Funds $2,763,298 $2,763,298 $2,763,298 $2,763,298 TOTAL PUBLIC FUNDS $2,763,298 $2,763,298 $2,763,298 $2,763,298 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 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 MONDAY, MARCH 12, 2012 1637 TOTAL PUBLIC FUNDS 47.1 Replace state funds with other funds for operations. State General Funds $1,291,942 $1,291,942 $1,291,942 $1,291,942 ($297,248) ($297,248) ($297,248) ($297,248) 47.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 741) 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 $994,694 $994,694 $994,694 $994,694 State General Funds $994,694 $994,694 $994,694 $994,694 TOTAL PUBLIC FUNDS $994,694 $994,694 $994,694 $994,694 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 $11,110,830 Consumer Protection and Assistance Continuation Budget The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 48.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,403 $3,403 $3,403 $3,403 1638 JOURNAL OF THE SENATE 48.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $117 $117 $117 $117 48.100-Consumer Protection and Assistance Appropriation (HB 741) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $214,712 $214,712 $214,712 $214,712 State General Funds $214,712 $214,712 $214,712 $214,712 TOTAL PUBLIC FUNDS $214,712 $214,712 $214,712 $214,712 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 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 49.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,776 $27,776 $27,776 $27,776 49.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,067 $1,067 $1,067 $1,067 49.3 Reduce funds for information technology expenses. State General Funds ($14,000) ($14,000) ($14,000) ($14,000) 49.4 Reduce funds for operations. State General Funds ($4,980) ($4,980) ($4,980) ($4,980) 49.5 Reduce funds for personnel due to retirements. MONDAY, MARCH 12, 2012 1639 State General Funds ($31,000) ($31,000) 49.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $1,949,076 $1,949,076 State General Funds $1,949,076 $1,949,076 TOTAL PUBLIC FUNDS $1,949,076 $1,949,076 ($31,000) ($31,000) Appropriation (HB 741) $1,949,076 $1,949,076 $1,949,076 $1,949,076 $1,949,076 $1,949,076 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 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 50.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $108,917 $108,917 $108,917 $108,917 50.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,871 $3,871 $3,871 $3,871 50.3 Reduce funds for information technology. State General Funds ($25,000) ($25,000) ($25,000) ($25,000) 50.4 Reduce funds for operations. State General Funds ($20,110) ($20,110) ($20,110) ($20,110) 50.5 Reduce funds for personnel due to attrition and retirement savings and retain sufficient funding to fill critical vacancies effective March 2012. 1640 JOURNAL OF THE SENATE State General Funds ($23,166) ($23,166) ($23,166) ($23,166) 50.100 -Financial Institution Supervision Appropriation (HB 741) 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 $7,078,398 $7,078,398 $7,078,398 $7,078,398 State General Funds $7,078,398 $7,078,398 $7,078,398 $7,078,398 TOTAL PUBLIC FUNDS $7,078,398 $7,078,398 $7,078,398 $7,078,398 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 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 State General Funds TOTAL PUBLIC FUNDS $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 51.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,055 $27,055 $27,055 $27,055 51.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,022 $1,022 $1,022 $1,022 51.3 Reduce funds for personnel due to attrition and retirement savings and retain sufficient funding to fill critical vacancies effective March 2012. State General Funds ($15,334) ($15,334) ($15,334) ($15,334) 51.100 -Non-Depository Financial Institution Supervision Appropriation (HB 741) The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices MONDAY, MARCH 12, 2012 1641 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 $1,868,644 $1,868,644 $1,868,644 $1,868,644 State General Funds $1,868,644 $1,868,644 $1,868,644 $1,868,644 TOTAL PUBLIC FUNDS $1,868,644 $1,868,644 $1,868,644 $1,868,644 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $893,724,585 $893,724,585 $893,724,585 State General Funds $883,469,447 $883,469,447 $883,469,447 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $163,215,780 $163,215,780 $163,215,780 Federal Funds Not Itemized $18,590,052 $18,590,052 $18,590,052 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $22,458,262 $22,458,262 $22,458,262 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $51,480,893 $51,480,893 $51,480,893 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $20,541,722 $20,541,722 $20,541,722 TOTAL AGENCY FUNDS $53,571,932 $53,571,932 $53,571,932 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 $5,839 Intergovernmental Transfers $577,343 $577,343 $577,343 Intergovernmental Transfers Not Itemized $577,343 $577,343 $577,343 Rebates, Refunds, and Reimbursements $257,036 $257,036 $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 $257,036 $257,036 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $52,063,690 $52,063,690 $52,063,690 Sales and Services Not Itemized $52,063,690 $52,063,690 $52,063,690 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 $5,004,491 State Funds Transfers $4,956,393 $4,956,393 $4,956,393 Agency to Agency Contracts $2,599,263 $2,599,263 $2,599,263 Central State Hospital Food and Utility Sales $2,357,130 $2,357,130 $2,357,130 $893,724,585 $883,469,447 $10,255,138 $163,215,780 $18,590,052 $14,163,709 $22,458,262 $51,480,893 $35,981,142 $20,541,722 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 1642 JOURNAL OF THE SENATE Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $48,098 $1,115,516,788 $1,115,516,788 $1,115,516,788 $1,115,516,788 Section Total - Final TOTAL STATE FUNDS $880,056,300 $880,056,300 State General Funds $869,801,162 $869,801,162 Tobacco Settlement Funds $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $161,510,404 $161,760,404 Federal Funds Not Itemized $18,590,052 $18,590,052 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $23,387,148 $23,637,148 Prevention & Treatment of Substance Abuse Grant CFDA93.959$51,480,893 $51,480,893 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $17,907,460 $17,907,460 TOTAL AGENCY FUNDS $53,571,932 $53,571,932 Contributions, Donations, and Forfeitures $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 Intergovernmental Transfers $577,343 $577,343 Intergovernmental Transfers Not Itemized $577,343 $577,343 Rebates, Refunds, and Reimbursements $257,036 $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 $257,036 Royalties and Rents $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 Sales and Services $52,063,690 $52,063,690 Sales and Services Not Itemized $52,063,690 $52,063,690 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 State Funds Transfers $4,956,393 $4,956,393 Agency to Agency Contracts $2,599,263 $2,599,263 Central State Hospital Food and Utility Sales $2,357,130 $2,357,130 Federal Funds Transfers $48,098 $48,098 FF Grant to Local Educational Agencies CFDA84.010 $48,098 $48,098 TOTAL PUBLIC FUNDS $1,100,143,127 $1,100,393,127 $880,031,270 $869,776,132 $10,255,138 $161,760,404 $18,590,052 $14,163,709 $23,637,148 $51,480,893 $35,981,142 $17,907,460 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,100,368,097 $880,031,270 $869,776,132 $10,255,138 $161,760,404 $18,590,052 $14,163,709 $23,637,148 $51,480,893 $35,981,142 $17,907,460 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,100,368,097 MONDAY, MARCH 12, 2012 1643 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 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Temp. Assistance for Needy Families 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 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 52.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $613,406 $613,406 $613,406 $613,406 52.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,626 $5,626 $5,626 $5,626 52.3 Reduce funds to reflect one-time credit from the Employee Retirement System. State General Funds ($86,758) ($86,758) ($86,758) ($86,758) 52.4 Reduce funds to recognize the loss of the TANF Supplemental grant. 1644 JOURNAL OF THE SENATE FFIND Temp. Assistance for Needy Families CFDA93.558 ($2,223,028) ($2,223,028) ($2,223,028) ($2,223,028) 52.100 -Adult Addictive Diseases Services Appropriation (HB 741) 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 $44,120,186 $44,120,186 $44,120,186 $44,120,186 State General Funds $44,120,186 $44,120,186 $44,120,186 $44,120,186 TOTAL FEDERAL FUNDS $48,167,291 $48,167,291 $48,167,291 $48,167,291 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959$30,059,831 $30,059,831 $30,059,831 $30,059,831 FFIND Temp. Assistance for Needy Families CFDA93.558 $17,907,460 $17,907,460 $17,907,460 $17,907,460 TOTAL AGENCY FUNDS $435,203 $435,203 $435,203 $435,203 Intergovernmental Transfers $200,000 $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 $200,000 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 $300 $300 $300 $300 Sales and Services Not Itemized $300 $300 $300 $300 TOTAL PUBLIC FUNDS $92,722,680 $92,722,680 $92,722,680 $92,722,680 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. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $259,833,323 $249,578,185 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 MONDAY, MARCH 12, 2012 1645 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $28,706,127 $28,706,127 $328,682,850 $28,706,127 $28,706,127 $328,682,850 $28,706,127 $28,706,127 $328,682,850 $28,706,127 $28,706,127 $328,682,850 53.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $1,662,334 $1,662,334 $1,662,334 $1,662,334 53.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $129,402 $129,402 $129,402 $129,402 53.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds $2,222,476 $2,222,476 $2,222,476 $2,222,476 53.4 Reduce funds and use encumbered funds for crisis service expenses. State General Funds ($11,200,000) ($11,200,000) ($11,200,000) ($11,200,000) 53.5 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) 53.6 Reduce funds to reflect one-time credit from the Employee Retirement System. State General Funds ($2,646,113) ($2,646,113) ($2,646,113) ($2,646,113) 53.7 Reduce funds to recognize the loss of the TANF Supplemental grant. FFIND Temp. Assistance for Needy Families CFDA93.558 ($411,234) ($411,234) ($411,234) ($411,234) 53.100-Adult Developmental Disabilities Services Appropriation (HB 741) 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 $249,426,422 $249,426,422 $249,426,422 $249,426,422 1646 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $239,171,284 $10,255,138 $39,582,166 $10,937,995 $28,644,171 $28,706,127 $28,706,127 $28,706,127 $317,714,715 $239,171,284 $10,255,138 $39,582,166 $10,937,995 $28,644,171 $28,706,127 $28,706,127 $28,706,127 $317,714,715 $239,171,284 $10,255,138 $39,582,166 $10,937,995 $28,644,171 $28,706,127 $28,706,127 $28,706,127 $317,714,715 $239,171,284 $10,255,138 $39,582,166 $10,937,995 $28,644,171 $28,706,127 $28,706,127 $28,706,127 $317,714,715 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 54.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $849,163 $849,163 $849,163 $849,163 54.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $67,514 $67,514 $67,514 $67,514 54.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds $4,000,457 $4,000,457 $4,000,457 $4,000,457 MONDAY, MARCH 12, 2012 1647 54.100 -Adult Forensic Services Appropriation (HB 741) 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 $60,586,897 $60,586,897 $60,586,897 $60,586,897 State General Funds $60,586,897 $60,586,897 $60,586,897 $60,586,897 TOTAL AGENCY FUNDS $26,500 $26,500 $26,500 $26,500 Sales and Services $26,500 $26,500 $26,500 $26,500 Sales and Services Not Itemized $26,500 $26,500 $26,500 $26,500 TOTAL PUBLIC FUNDS $60,613,397 $60,613,397 $60,613,397 $60,613,397 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 $2,303,357 $2,303,357 $282,085,894 $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 $2,303,357 $2,303,357 $282,085,894 $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 $2,303,357 $2,303,357 $282,085,894 $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 $2,303,357 $2,303,357 $282,085,894 55.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,394,860 $3,394,860 $3,394,860 $3,394,860 55.2 Increase funds to reflect an adjustment in telecommunications expenses. 1648 JOURNAL OF THE SENATE State General Funds $85,968 $85,968 $85,968 $85,968 55.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds $1,777,981 $1,777,981 $1,777,981 $1,777,981 55.4 Reduce funds for contracts. State General Funds ($3,045,414) ($3,045,414) ($3,045,414) ($3,045,414) 55.5 Replace funds with Medicaid administration funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 55.6 Replace funds with Mental Health Block Grant funds for contracts. State General Funds Community Mental Health Services Block Grant CFDA93.958 Total Public Funds: ($2,096,965) $2,096,965 $0 ($2,096,965) $2,096,965 $0 ($2,096,965) $2,096,965 $0 ($2,096,965) $2,096,965 $0 55.7 Reduce funds to reflect one-time savings in personnel and system development expenses. State General Funds ($521,587) ($521,587) ($521,587) ($521,587) 55.8 Reduce funds to reflect one-time credit from the Employee Retirement System. State General Funds ($1,605,019) ($1,605,019) ($1,605,019) ($1,605,019) 55.9 Reduce funds based on prior year expenditures. State General Funds ($500,000) ($500,000) ($500,000) 55.10 Increase funds for the continuation of the Opening Doors to Recovery Project. State General Funds $250,000 $250,000 $250,000 55.100 -Adult Mental Health Services Appropriation (HB 741) The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to facilitate MONDAY, MARCH 12, 2012 1649 rehabilitation and recovery for adults with mental illnesses. TOTAL STATE FUNDS $256,025,225 State General Funds $256,025,225 TOTAL FEDERAL FUNDS $23,844,101 Federal Funds Not Itemized $13,038,893 Community Mental Health Services Block Grant CFDA93.958 $8,823,143 Medical Assistance Program CFDA93.778 $1,982,065 TOTAL AGENCY FUNDS $2,303,357 Sales and Services $2,303,357 Sales and Services Not Itemized $2,303,357 TOTAL PUBLIC FUNDS $282,172,683 $255,775,225 $255,775,225 $23,844,101 $13,038,893 $8,823,143 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $281,922,683 $255,775,225 $255,775,225 $23,844,101 $13,038,893 $8,823,143 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $281,922,683 $255,775,225 $255,775,225 $23,844,101 $13,038,893 $8,823,143 $1,982,065 $2,303,357 $2,303,357 $2,303,357 $281,922,683 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 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 56.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $51,983 $51,983 $51,983 $51,983 56.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $11,252 $11,252 $11,252 $11,252 56.3 Transfer funds from the Direct Care and Support Services program to align the budget with program expenditures. State General Funds $888,990 $888,990 $888,990 $888,990 1650 JOURNAL OF THE SENATE 56.100-Adult Nursing Home Services Appropriation (HB 741) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental retardation or developmental disabilities. TOTAL STATE FUNDS $4,447,651 $4,447,651 $4,447,651 $4,447,651 State General Funds $4,447,651 $4,447,651 $4,447,651 $4,447,651 TOTAL AGENCY FUNDS $6,330,069 $6,330,069 $6,330,069 $6,330,069 Sales and Services $6,330,069 $6,330,069 $6,330,069 $6,330,069 Sales and Services Not Itemized $6,330,069 $6,330,069 $6,330,069 $6,330,069 TOTAL PUBLIC FUNDS $10,777,720 $10,777,720 $10,777,720 $10,777,720 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 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 57.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $5,458 $5,458 $5,458 $5,458 57.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,626 $5,626 $5,626 $5,626 57.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 741) 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. MONDAY, MARCH 12, 2012 1651 TOTAL STATE FUNDS $3,205,749 State General Funds $3,205,749 TOTAL FEDERAL FUNDS $11,347,030 Medical Assistance Program CFDA93.778 $226,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959$11,121,030 TOTAL PUBLIC FUNDS $14,552,779 $3,205,749 $3,205,749 $11,347,030 $226,000 $11,121,030 $14,552,779 $3,205,749 $3,205,749 $11,347,030 $226,000 $11,121,030 $14,552,779 $3,205,749 $3,205,749 $11,347,030 $226,000 $11,121,030 $14,552,779 Child and Adolescent Developmental Disabilities Continuation Budget The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 58.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $23,221 $23,221 $23,221 $23,221 58.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,626 $5,626 $5,626 $5,626 58.3 Increase funds for the Marcus Autism Center. State General Funds Medical Assistance Program CFDA93.778 $250,000 $250,000 $250,000 $250,000 $250,000 $250,000 1652 JOURNAL OF THE SENATE Total Public Funds: $500,000 $500,000 $500,000 58.100-Child and Adolescent Developmental Disabilities Appropriation (HB 741) 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 $7,930,995 $8,180,995 $8,180,995 $8,180,995 State General Funds $7,930,995 $8,180,995 $8,180,995 $8,180,995 TOTAL FEDERAL FUNDS $2,898,692 $3,148,692 $3,148,692 $3,148,692 Medical Assistance Program CFDA93.778 $2,898,692 $3,148,692 $3,148,692 $3,148,692 TOTAL AGENCY FUNDS $65,839 $65,839 $65,839 $65,839 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 Sales and Services $60,000 $60,000 $60,000 $60,000 Sales and Services Not Itemized $60,000 $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $10,895,526 $11,395,526 $11,395,526 $11,395,526 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 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 59.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $29,009 $29,009 $29,009 $29,009 59.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,626 $5,626 $5,626 $5,626 59.100 -Child and Adolescent Forensic Services Appropriation (HB 741) The purpose of this appropriation is to provide evaluation, treatment and residential services to children and adolescents clients MONDAY, MARCH 12, 2012 referred by Georgia's criminal justice or corrections system. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 1653 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 $3,237,885 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 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 60.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $87,641 $87,641 $87,641 $87,641 60.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,626 $5,626 $5,626 $5,626 60.3 Transfer funds to the Adult Mental Health services for contracts. 1654 JOURNAL OF THE SENATE Community Mental Health Services Block Grant CFDA93.958 ($2,096,965) ($2,096,965) ($2,096,965) ($2,096,965) 60.100 -Child and Adolescent Mental Health Services Appropriation (HB 741) 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 $75,351,285 $75,351,285 $75,351,285 $75,351,285 State General Funds $75,351,285 $75,351,285 $75,351,285 $75,351,285 TOTAL FEDERAL FUNDS $8,104,349 $8,104,349 $8,104,349 $8,104,349 Community Mental Health Services Block Grant CFDA93.958 $5,340,566 $5,340,566 $5,340,566 $5,340,566 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $85,000 $85,000 $85,000 $85,000 Sales and Services $85,000 $85,000 $85,000 $85,000 Sales and Services Not Itemized $85,000 $85,000 $85,000 $85,000 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 Agency to Agency Contracts $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 $86,125,415 $86,125,415 $86,125,415 $86,125,415 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 FFIND Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $35,869,230 $35,869,230 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $35,869,230 $35,869,230 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $35,869,230 $35,869,230 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $35,869,230 $35,869,230 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 MONDAY, MARCH 12, 2012 1655 TOTAL PUBLIC FUNDS $47,984,290 $47,984,290 $47,984,290 $47,984,290 61.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $205,147 $205,147 $205,147 $205,147 61.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $45,009 $45,009 $45,009 $45,009 61.3 The Department will evaluate the criteria for establishing a viable waiting list and report to the General Assembly by June 30, 2012 with recommendations for maintaining such lists. (H:YES)(S:YES) State General Funds $0 $0 $0 61.100-Departmental Administration-Behavioral Health Appropriation (HB 741) 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 $36,119,386 $36,119,386 $36,119,386 $36,119,386 State General Funds $36,119,386 $36,119,386 $36,119,386 $36,119,386 TOTAL FEDERAL FUNDS $11,715,584 $11,715,584 $11,715,584 $11,715,584 Medical Assistance Program CFDA93.778 $4,378,613 $4,378,613 $4,378,613 $4,378,613 FFIND Social Services Block Grant CFDA93.667 $7,336,971 $7,336,971 $7,336,971 $7,336,971 TOTAL AGENCY FUNDS $399,476 $399,476 $399,476 $399,476 Intergovernmental Transfers $377,343 $377,343 $377,343 $377,343 Intergovernmental Transfers Not Itemized $377,343 $377,343 $377,343 $377,343 Rebates, Refunds, and Reimbursements $22,133 $22,133 $22,133 $22,133 Rebates, Refunds, and Reimbursements Not Itemized $22,133 $22,133 $22,133 $22,133 TOTAL PUBLIC FUNDS $48,234,446 $48,234,446 $48,234,446 $48,234,446 Direct Care and Support Services The purpose of this appropriation is to operate seven state-owned and operated hospitals. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS $145,579,030 $145,579,030 $15,220,361 $145,579,030 $145,579,030 $15,220,361 $145,579,030 $145,579,030 $15,220,361 $145,579,030 $145,579,030 $15,220,361 1656 JOURNAL OF THE SENATE Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales TOTAL PUBLIC FUNDS $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 62.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $1,697,224 $1,697,224 $1,697,224 $1,697,224 62.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $189,716 $189,716 $189,716 $189,716 62.3 Transfer funds to the Adult Developmental Disabilities Services, Adult Forensic Services, Adult Mental Health Services, and Adult Nursing Home Services programs to align the budget with program expenditures. State General Funds ($8,889,904) ($8,889,904) ($8,889,904) ($8,889,904) 62.4 Utilize existing funds for unemployment insurance expenses. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 62.5 Reduce funds for operations. State General Funds ($25,030) ($25,030) 62.99 Amendment: The purpose of this appropriation is to operate six state-owned and operated hospitals. Senate: The purpose of this appropriation is to operate six state-owned and operated hospitals. House: The purpose of this appropriation is to operate six state-owned and operated hospitals. Governor: The purpose of this appropriation is to operate six state-owned and operated hospitals. State General Funds $0 $0 $0 $0 MONDAY, MARCH 12, 2012 1657 62.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS $138,576,066 $138,576,066 State General Funds $138,576,066 $138,576,066 TOTAL AGENCY FUNDS $15,220,361 $15,220,361 Royalties and Rents $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 Sales and Services $14,552,337 $14,552,337 Sales and Services Not Itemized $14,552,337 $14,552,337 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,419,710 $2,419,710 State Funds Transfers $2,419,710 $2,419,710 Agency to Agency Contracts $62,580 $62,580 Central State Hospital Food and Utility Sales $2,357,130 $2,357,130 TOTAL PUBLIC FUNDS $156,216,137 $156,216,137 Appropriation (HB 741) $138,551,036 $138,551,036 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $156,191,107 $138,551,036 $138,551,036 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $156,191,107 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 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 63.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $313 $313 $313 $313 63.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,626 $5,626 $5,626 $5,626 1658 JOURNAL OF THE SENATE 63.100 -Substance Abuse Prevention Appropriation (HB 741) 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 $200,452 $200,452 $200,452 $200,452 State General Funds $200,452 $200,452 $200,452 $200,452 TOTAL FEDERAL FUNDS $13,173,567 $13,173,567 $13,173,567 $13,173,567 Federal Funds Not Itemized $2,873,535 $2,873,535 $2,873,535 $2,873,535 Prevention & Treatment of Substance Abuse Grant CFDA93.959$10,300,032 $10,300,032 $10,300,032 $10,300,032 TOTAL PUBLIC FUNDS $13,374,019 $13,374,019 $13,374,019 $13,374,019 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 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 64.1 Reduce funds for contracts. State General Funds ($911) ($911) ($911) ($911) 64.100-Developmental Disabilities, Governor's Council on Appropriation (HB 741) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $44,635 $44,635 $44,635 $44,635 State General Funds $44,635 $44,635 $44,635 $44,635 TOTAL FEDERAL FUNDS $2,677,624 $2,677,624 $2,677,624 $2,677,624 Federal Funds Not Itemized $2,677,624 $2,677,624 $2,677,624 $2,677,624 TOTAL PUBLIC FUNDS $2,722,259 $2,722,259 $2,722,259 $2,722,259 MONDAY, MARCH 12, 2012 1659 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 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 65.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $5,992 $5,992 $5,992 $5,992 65.100 -Sexual Offender Review Board Appropriation (HB 741) 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 $783,466 $783,466 $783,466 $783,466 State General Funds $783,466 $783,466 $783,466 $783,466 TOTAL PUBLIC FUNDS $783,466 $783,466 $783,466 $783,466 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 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized Section Total - Continuation $27,220,193 $27,220,193 $27,220,193 $27,220,193 $27,220,193 $27,220,193 $167,014,537 $167,014,537 $167,014,537 $167,014,537 $167,014,537 $167,014,537 $11,307,629 $11,307,629 $11,307,629 $339,070 $339,070 $339,070 $339,070 $339,070 $339,070 $7,737,590 $7,737,590 $7,737,590 $7,737,590 $7,737,590 $7,737,590 $3,230,969 $3,230,969 $3,230,969 $3,230,969 $3,230,969 $3,230,969 $27,220,193 $27,220,193 $167,014,537 $167,014,537 $11,307,629 $339,070 $339,070 $7,737,590 $7,737,590 $3,230,969 $3,230,969 1660 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $16,410 $16,410 $16,410 $205,558,769 $16,410 $16,410 $16,410 $205,558,769 $16,410 $16,410 $16,410 $205,558,769 $16,410 $16,410 $16,410 $205,558,769 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $42,707,601 $42,513,271 $42,707,601 $42,513,271 $166,873,783 $166,873,783 $166,873,783 $166,873,783 $11,335,146 $11,335,146 $338,608 $338,608 $338,608 $338,608 $7,690,166 $7,690,166 $7,690,166 $7,690,166 $3,306,372 $3,306,372 $3,306,372 $3,306,372 $16,410 $16,410 $16,410 $16,410 $16,410 $16,410 $220,932,940 $220,738,610 $42,713,271 $42,713,271 $166,873,783 $166,873,783 $11,335,146 $338,608 $338,608 $7,690,166 $7,690,166 $3,306,372 $3,306,372 $16,410 $16,410 $16,410 $220,938,610 $42,405,689 $42,405,689 $166,873,783 $166,873,783 $11,335,146 $338,608 $338,608 $7,690,166 $7,690,166 $3,306,372 $3,306,372 $16,410 $16,410 $16,410 $220,631,028 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 $224,386 $224,386 $239,704 $239,704 $239,704 $224,386 $224,386 $239,704 $239,704 $239,704 $224,386 $224,386 $239,704 $239,704 $239,704 $224,386 $224,386 $239,704 $239,704 $239,704 MONDAY, MARCH 12, 2012 1661 TOTAL PUBLIC FUNDS $464,090 $464,090 $464,090 $464,090 66.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,516 $3,516 $3,516 $3,516 66.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,625) ($2,625) ($2,625) ($2,625) 66.100 -Building Construction Appropriation (HB 741) 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 $225,277 $225,277 $225,277 $225,277 State General Funds $225,277 $225,277 $225,277 $225,277 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 $464,981 $464,981 $464,981 $464,981 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 1662 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $62,063 $4,250,739 $62,063 $4,250,739 $62,063 $4,250,739 $62,063 $4,250,739 67.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $28,523 $28,523 $28,523 $28,523 67.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($10,500) ($10,500) ($10,500) ($10,500) 67.3 Replace funds for personnel. State General Funds Sales and Services Not Itemized Total Public Funds: ($50,865) $50,865 $0 ($50,865) $50,865 $0 ($50,865) $50,865 $0 ($50,865) $50,865 $0 67.4 Reduce funds for Regional Commissions. State General Funds ($51,536) ($51,536) ($51,536) ($51,536) 67.100 -Coordinated Planning Appropriation (HB 741) 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 $4,035,260 $4,035,260 $4,035,260 $4,035,260 State General Funds $4,035,260 $4,035,260 $4,035,260 $4,035,260 TOTAL FEDERAL FUNDS $69,038 $69,038 $69,038 $69,038 Federal Funds Not Itemized $69,038 $69,038 $69,038 $69,038 TOTAL AGENCY FUNDS $112,928 $112,928 $112,928 $112,928 Sales and Services $112,928 $112,928 $112,928 $112,928 Sales and Services Not Itemized $112,928 $112,928 $112,928 $112,928 TOTAL PUBLIC FUNDS $4,217,226 $4,217,226 $4,217,226 $4,217,226 MONDAY, MARCH 12, 2012 1663 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 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 68.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $8,890 $8,890 $8,890 $8,890 68.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,156) ($11,156) ($11,156) ($11,156) 68.3 Reduce funds for one vacant and three filled positions. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Reserved Fund Balances Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) ($37,766) ($109,600) ($462) ($462) ($47,424) ($195,714) 68.4 Reduce funds for contracts. 1664 JOURNAL OF THE SENATE State General Funds 68.5 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($25,000) ($25,000) $25,000 $0 ($25,000) ($25,000) $25,000 $0 ($25,000) ($25,000) $25,000 $0 ($25,000) ($25,000) $25,000 $0 68.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,162,817 $1,162,817 $1,162,817 $1,162,817 State General Funds $1,162,817 $1,162,817 $1,162,817 $1,162,817 TOTAL FEDERAL FUNDS $1,664,202 $1,664,202 $1,664,202 $1,664,202 Federal Funds Not Itemized $1,664,202 $1,664,202 $1,664,202 $1,664,202 TOTAL AGENCY FUNDS $2,328,369 $2,328,369 $2,328,369 $2,328,369 Reserved Fund Balances $82,629 $82,629 $82,629 $82,629 Reserved Fund Balances Not Itemized $82,629 $82,629 $82,629 $82,629 Intergovernmental Transfers $2,023,058 $2,023,058 $2,023,058 $2,023,058 Intergovernmental Transfers Not Itemized $2,023,058 $2,023,058 $2,023,058 $2,023,058 Sales and Services $222,682 $222,682 $222,682 $222,682 Sales and Services Not Itemized $222,682 $222,682 $222,682 $222,682 TOTAL PUBLIC FUNDS $5,155,388 $5,155,388 $5,155,388 $5,155,388 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 TOTAL PUBLIC FUNDS $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 MONDAY, MARCH 12, 2012 1665 69.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $21,029 $21,029 $21,029 $21,029 69.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($15,093) ($15,093) ($15,093) ($15,093) 69.3 Reduce funds for one filled position. State General Funds Federal Funds Not Itemized Total Public Funds: ($31,154) ($31,154) ($62,308) ($31,154) ($31,154) ($62,308) ($31,154) ($31,154) ($62,308) ($31,154) ($31,154) ($62,308) 69.4 Reduce grant funds to reflect match requirement for the Appalachian Regional Commission. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 69.100-Federal Community and Economic Development Programs Appropriation (HB 741) 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 $1,513,182 $1,513,182 $1,513,182 $1,513,182 State General Funds $1,513,182 $1,513,182 $1,513,182 $1,513,182 TOTAL FEDERAL FUNDS $45,174,474 $45,174,474 $45,174,474 $45,174,474 Federal Funds Not Itemized $45,174,474 $45,174,474 $45,174,474 $45,174,474 TOTAL AGENCY FUNDS $243,318 $243,318 $243,318 $243,318 Intergovernmental Transfers $243,318 $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 $243,318 TOTAL PUBLIC FUNDS $46,930,974 $46,930,974 $46,930,974 $46,930,974 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 1666 JOURNAL OF THE SENATE offering homeownership counseling and home buyer education programs through a partnership with private providers. TOTAL STATE FUNDS $0 $0 $0 $0 State General Funds $0 $0 $0 $0 TOTAL FEDERAL FUNDS $794,163 $794,163 $794,163 $794,163 Federal Funds Not Itemized $794,163 $794,163 $794,163 $794,163 TOTAL AGENCY FUNDS $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers $3,837,828 $3,837,828 $3,837,828 $3,837,828 Intergovernmental Transfers Not Itemized $3,837,828 $3,837,828 $3,837,828 $3,837,828 TOTAL PUBLIC FUNDS $4,631,991 $4,631,991 $4,631,991 $4,631,991 70.100 -Homeownership Programs Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 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 FEDERAL FUNDS Federal Funds Not Itemized $1,078,094 $1,078,094 $105,625 $105,625 $1,078,094 $1,078,094 $105,625 $105,625 $1,078,094 $1,078,094 $105,625 $105,625 $1,078,094 $1,078,094 $105,625 $105,625 MONDAY, MARCH 12, 2012 1667 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $175,000 $175,000 $175,000 $1,358,719 $175,000 $175,000 $175,000 $1,358,719 $175,000 $175,000 $175,000 $1,358,719 $175,000 $175,000 $175,000 $1,358,719 71.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $16,431 $16,431 $16,431 $16,431 71.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,812) ($11,812) ($11,812) ($11,812) 71.100 -Regional Services Appropriation (HB 741) 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 $1,082,713 $1,082,713 $1,082,713 $1,082,713 State General Funds $1,082,713 $1,082,713 $1,082,713 $1,082,713 TOTAL FEDERAL FUNDS $105,625 $105,625 $105,625 $105,625 Federal Funds Not Itemized $105,625 $105,625 $105,625 $105,625 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 $175,000 Intergovernmental Transfers $175,000 $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $1,363,338 $1,363,338 $1,363,338 $1,363,338 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 $0 $0 $0 $0 1668 JOURNAL OF THE SENATE 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 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 72.100-Rental Housing Programs Appropriation (HB 741) 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 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 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 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 PUBLIC FUNDS $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 MONDAY, MARCH 12, 2012 1669 73.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $4,464 $4,464 $4,464 $4,464 73.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,429) ($3,429) ($3,429) ($3,429) 73.100 -Research and Surveys Appropriation (HB 741) 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 $368,210 $368,210 $368,210 $368,210 State General Funds $368,210 $368,210 $368,210 $368,210 TOTAL PUBLIC FUNDS $368,210 $368,210 $368,210 $368,210 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 1670 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $5,324,954 $5,324,954 $5,324,954 $5,324,954 74.100 -Special Housing Initiatives Appropriation (HB 741) 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 $2,962,892 $2,962,892 $2,962,892 $2,962,892 State General Funds $2,962,892 $2,962,892 $2,962,892 $2,962,892 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 $1,091,056 $1,091,056 $1,091,056 $1,091,056 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 $835,077 $835,077 $835,077 $835,077 Intergovernmental Transfers Not Itemized $835,077 $835,077 $835,077 $835,077 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $16,410 $16,410 $16,410 $16,410 Agency Funds Transfers $16,410 $16,410 $16,410 $16,410 Agency Fund Transfers Not Itemized $16,410 $16,410 $16,410 $16,410 TOTAL PUBLIC FUNDS $5,324,954 $5,324,954 $5,324,954 $5,324,954 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 75.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for MONDAY, MARCH 12, 2012 1671 December 2011 to April 2012. State General Funds $12,561 75.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($9,695) $12,561 ($9,695) $12,561 ($9,695) $12,561 ($9,695) 75.100 -State Community Development Programs Appropriation (HB 741) 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 $852,774 $852,774 $852,774 $852,774 State General Funds $852,774 $852,774 $852,774 $852,774 TOTAL AGENCY FUNDS $85,166 $85,166 $85,166 $85,166 Intergovernmental Transfers $55,284 $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 $55,284 Sales and Services $29,882 $29,882 $29,882 $29,882 Sales and Services Not Itemized $29,882 $29,882 $29,882 $29,882 TOTAL PUBLIC FUNDS $937,940 $937,940 $937,940 $937,940 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 TOTAL PUBLIC FUNDS $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 76.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1672 JOURNAL OF THE SENATE State General Funds $2,691 76.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,313) 76.3 Reduce funds for Regional Economic Business Assistance (REBA) grants. State General Funds $2,691 ($1,313) ($200,000) $2,691 ($1,313) $0 $2,691 ($1,313) $0 76.100 -State Economic Development Program Appropriation (HB 741) 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 $11,560,861 $11,360,861 $11,560,861 $11,560,861 State General Funds $11,560,861 $11,360,861 $11,560,861 $11,560,861 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 $11,729,129 $11,529,129 $11,729,129 $11,729,129 Payments to Georgia Environmental Finance 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 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 77.1 Reduce funds for contracts with the Georgia Rural Water Association. State General Funds ($5,670) $0 $0 $0 77.100 -Payments to Georgia Environmental Finance Authority Appropriation (HB 741) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $277,825 $283,495 $283,495 $283,495 State General Funds $277,825 $283,495 $283,495 $283,495 MONDAY, MARCH 12, 2012 1673 TOTAL PUBLIC FUNDS $277,825 $283,495 $283,495 $283,495 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 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 78.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $41,089 $41,089 $41,089 $41,089 78.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $37,289 $37,289 $37,289 $37,289 78.3 Replace funds for two positions. State General Funds ($59,077) ($59,077) ($59,077) ($59,077) 78.4 Increase funds for Xpress operations in the Transit implementation program due to the loss of federal Congestion Mitigation and Air Quality (CMAQ) and local funds. State General Funds $5,692,616 $5,692,616 $5,692,616 $5,385,034 78.5 Utilize existing funds for staff to implement the Transportation Investment Act for transit projects. (G:YES)(S:YES)(CC:YES) State General Funds $0 $0 $0 $0 78.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 741) 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 $8,665,790 $8,665,790 $8,665,790 $8,358,208 State General Funds $8,665,790 $8,665,790 $8,665,790 $8,358,208 1674 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $8,665,790 Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. $8,665,790 $8,665,790 $8,358,208 Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 79.1 Increase funds for rural economic development. State General Funds $10,000,000 $10,000,000 $10,000,000 $10,000,000 79.100-Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS $10,000,000 State General Funds $10,000,000 TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 $10,000,000 Appropriation (HB 741) $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 $10,000,000 Section 17: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities Rebates, Refunds, and Reimbursements Section Total - Continuation $2,454,836,912 $2,454,836,912 $2,454,836,912 $1,997,183,668 $1,997,183,668 $1,997,183,668 $102,193,257 $102,193,257 $102,193,257 $131,321,939 $131,321,939 $131,321,939 $224,138,048 $224,138,048 $224,138,048 $5,121,919,026 $5,121,919,026 $5,121,919,026 $10,404,336 $10,404,336 $10,404,336 $4,912,291,258 $4,912,291,258 $4,912,291,258 $199,223,432 $199,223,432 $199,223,432 $234,675,562 $234,675,562 $234,675,562 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $1,242,519 $2,454,836,912 $1,997,183,668 $102,193,257 $131,321,939 $224,138,048 $5,121,919,026 $10,404,336 $4,912,291,258 $199,223,432 $234,675,562 $6,500,000 $6,500,000 $214,057,828 $214,057,828 $1,242,519 MONDAY, MARCH 12, 2012 1675 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities 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 INTRA-STATE GOVERNMENT TRANSFERS $1,242,519 $1,242,519 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,106,056,603 $3,106,056,603 $3,106,056,603 $3,106,056,603 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $11,198,345,365 $11,198,345,365 $11,198,345,365 $11,198,345,365 Section Total - Final $2,635,384,898 $2,620,992,424 $2,164,066,836 $2,149,674,362 $102,193,257 $102,193,257 $143,556,543 $143,556,543 $225,568,262 $225,568,262 $5,635,300,377 $5,650,427,707 $24,341,475 $24,341,475 $5,344,753,462 $5,359,880,792 $266,205,440 $266,205,440 $317,157,633 $317,157,633 $88,982,071 $88,982,071 $88,982,071 $88,982,071 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $3,211,773,251 $3,211,773,251 $2,571,160,009 $2,099,841,947 $102,193,257 $143,556,543 $225,568,262 $5,500,910,433 $24,341,475 $5,232,117,612 $244,451,346 $317,157,633 $88,982,071 $88,982,071 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $3,211,773,251 $2,573,201,509 $2,101,883,447 $102,193,257 $143,556,543 $225,568,262 $5,505,153,654 $24,341,475 $5,235,627,101 $245,185,078 $317,157,633 $88,982,071 $88,982,071 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $3,211,773,251 1676 JOURNAL OF THE SENATE State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $3,211,773,251 $3,211,773,251 $3,211,773,251 $3,211,773,251 $2,930,915,989 $2,930,915,989 $2,930,915,989 $2,930,915,989 $280,857,262 $280,857,262 $280,857,262 $280,857,262 $11,799,616,159 $11,800,351,015 $11,601,001,326 $11,607,286,047 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 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $63,956,153 $63,956,153 $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 $63,956,153 $63,956,153 $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 $63,956,153 $63,956,153 $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 $63,956,153 $63,956,153 $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 80.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $494,649 $494,649 $494,649 $494,649 80.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $29,888 $29,888 $29,888 $29,888 80.3 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the Health Information Exchange project. MONDAY, MARCH 12, 2012 1677 State General Funds Federal Funds Not Itemized Total Public Funds: $637,850 $5,607,150 $6,245,000 $637,850 $5,607,150 $6,245,000 $637,850 $5,607,150 $6,245,000 $637,850 $5,607,150 $6,245,000 80.4 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the Medicaid Incentive Program. State General Funds Federal Funds Not Itemized Total Public Funds: $925,554 $8,329,989 $9,255,543 $925,554 $8,329,989 $9,255,543 $925,554 $8,329,989 $9,255,543 $925,554 $8,329,989 $9,255,543 80.5 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the federally mandated implementation of expanded diagnosis and procedure codes for Medicaid billing. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,142,675 $10,284,075 $11,426,750 $1,142,675 $10,284,075 $11,426,750 $1,142,675 $10,284,075 $11,426,750 $1,142,675 $10,284,075 $11,426,750 80.6 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for the managed care review contract. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,250,000 $1,250,000 $2,500,000 $1,250,000 $1,250,000 $2,500,000 $1,250,000 $1,250,000 $2,500,000 $1,250,000 $1,250,000 $2,500,000 80.7 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) 80.8 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,355,230) ($1,355,230) ($2,710,460) ($1,355,230) ($1,355,230) ($2,710,460) ($1,355,230) ($1,355,230) ($2,710,460) ($1,355,230) ($1,355,230) ($2,710,460) 1678 JOURNAL OF THE SENATE 80.100-Departmental Administration and Program Support Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $66,917,489 $66,917,489 $66,917,489 $66,917,489 State General Funds $66,917,489 $66,917,489 $66,917,489 $66,917,489 TOTAL FEDERAL FUNDS $264,112,813 $264,112,813 $264,112,813 $264,112,813 Federal Funds Not Itemized $15,859,768 $15,859,768 $15,859,768 $15,859,768 Medical Assistance Program CFDA93.778 $225,216,090 $225,216,090 $225,216,090 $225,216,090 State Children's Insurance Program CFDA93.767 $23,036,955 $23,036,955 $23,036,955 $23,036,955 TOTAL AGENCY FUNDS $2,854,039 $2,854,039 $2,854,039 $2,854,039 Rebates, Refunds, and Reimbursements $1,242,519 $1,242,519 $1,242,519 $1,242,519 Rebates, Refunds, and Reimbursements Not Itemized $1,242,519 $1,242,519 $1,242,519 $1,242,519 Sanctions, Fines, and Penalties $1,611,520 $1,611,520 $1,611,520 $1,611,520 Sanctions, Fines, and Penalties Not Itemized $1,611,520 $1,611,520 $1,611,520 $1,611,520 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $21,102,191 $21,102,191 $21,102,191 $21,102,191 State Funds Transfers $21,102,191 $21,102,191 $21,102,191 $21,102,191 Health Insurance Payments $21,102,191 $21,102,191 $21,102,191 $21,102,191 TOTAL PUBLIC FUNDS $354,986,532 $354,986,532 $354,986,532 $354,986,532 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 and the Office of Health Information Technology and Transparency. 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 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 MONDAY, MARCH 12, 2012 1679 TOTAL PUBLIC FUNDS $6,792,954 $6,792,954 $6,792,954 $6,792,954 81.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $44,479 $44,479 $44,479 $44,479 81.100 -Health Care Access and Improvement Appropriation (HB 741) 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 and the Office of Health Information Technology and Transparency. TOTAL STATE FUNDS $6,148,595 $6,148,595 $6,148,595 $6,148,595 State General Funds $6,148,595 $6,148,595 $6,148,595 $6,148,595 TOTAL FEDERAL FUNDS $588,838 $588,838 $588,838 $588,838 Federal Funds Not Itemized $172,588 $172,588 $172,588 $172,588 Medical Assistance Program CFDA93.778 $416,250 $416,250 $416,250 $416,250 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $6,837,433 $6,837,433 $6,837,433 $6,837,433 Healthcare Facility Regulation 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 PUBLIC FUNDS $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 82.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $82,423 $82,423 $82,423 $82,423 1680 JOURNAL OF THE SENATE 82.100 -Healthcare Facility Regulation Appropriation (HB 741) The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $5,986,173 $5,986,173 $5,986,173 $5,986,173 State General Funds $5,986,173 $5,986,173 $5,986,173 $5,986,173 TOTAL FEDERAL FUNDS $8,461,900 $8,461,900 $8,461,900 $8,461,900 Federal Funds Not Itemized $5,521,905 $5,521,905 $5,521,905 $5,521,905 Medical Assistance Program CFDA93.778 $2,939,995 $2,939,995 $2,939,995 $2,939,995 TOTAL PUBLIC FUNDS $14,448,073 $14,448,073 $14,448,073 $14,448,073 Indigent Care Trust Fund Continuation Budget The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers 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 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 83.1 Transfer funds from the Medicaid: Aged, Blind, and Disabled ($19,416,386) and Medicaid: Low-Income Medicaid ($2,143,082) programs to the Indigent Care Trust Fund program for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds $21,559,468 $21,559,468 $21,559,468 $21,559,468 MONDAY, MARCH 12, 2012 1681 83.100 -Indigent Care Trust Fund Appropriation (HB 741) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS $21,559,468 $21,559,468 $21,559,468 $21,559,468 State General Funds $21,559,468 $21,559,468 $21,559,468 $21,559,468 TOTAL FEDERAL FUNDS $257,075,969 $257,075,969 $257,075,969 $257,075,969 Medical Assistance Program CFDA93.778 $257,075,969 $257,075,969 $257,075,969 $257,075,969 TOTAL AGENCY FUNDS $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 $429,085,656 $429,085,656 $429,085,656 $429,085,656 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 Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 1682 JOURNAL OF THE SENATE Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 84.1 Transfer funds from the Medicaid: Aged, Blind, and Disabled program to the Indigent Care Trust program for the state match for private deemed and non-deemed hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($19,416,386) ($37,606,774) ($57,023,160) ($19,416,386) ($37,606,774) ($57,023,160) ($19,416,386) ($37,606,774) ($57,023,160) ($19,416,386) ($37,606,774) ($57,023,160) 84.2 Increase funds to maintain provider reimbursement and remove the 0.5% provider rate cut. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,539,444 $2,981,684 $4,521,128 $1,539,444 $2,981,684 $4,521,128 $1,539,444 $2,981,684 $4,521,128 $1,539,444 $2,981,684 $4,521,128 84.3 Increase funds to adjust member copayments down to the nearest whole or half dollar. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,451,485 $2,811,320 $4,262,805 $1,451,485 $2,811,320 $4,262,805 $0 $1,451,485 $0 $2,811,320 $0 $4,262,805 84.4 Increase funds to reflect projected Nursing Home Provider Fees. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $3,004,967 $1,551,465 $4,556,432 $3,004,967 $1,551,465 $4,556,432 $3,004,967 $1,551,465 $4,556,432 $3,004,967 $1,551,465 $4,556,432 84.5 Increase the Nursing Home Provider Fee and use to update the nursing home reimbursement to reflect 2009 cost reports. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $20,691,720 $10,683,139 $31,374,859 $20,691,720 $10,683,139 $31,374,859 $20,691,720 $10,683,139 $31,374,859 $20,691,720 $10,683,139 $31,374,859 MONDAY, MARCH 12, 2012 1683 84.6 Increase funds to reflect FY2011 reserves and use to fund benefits expense. Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Total Public Funds: $96,410,755 $49,776,895 $146,187,650 $96,410,755 $49,776,895 $146,187,650 $96,410,755 $49,776,895 $146,187,650 $96,410,755 $49,776,895 $146,187,650 84.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 741) 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 $1,334,801,960 $1,334,801,960 $1,333,350,475 $1,334,801,960 State General Funds $1,165,757,376 $1,165,757,376 $1,164,305,891 $1,165,757,376 Nursing Home Provider Fees $143,556,543 $143,556,543 $143,556,543 $143,556,543 Hospital Provider Fee $25,488,041 $25,488,041 $25,488,041 $25,488,041 TOTAL FEDERAL FUNDS $2,714,720,059 $2,714,720,059 $2,711,908,739 $2,714,720,059 Federal Funds Not Itemized $2,787,214 $2,787,214 $2,787,214 $2,787,214 Medical Assistance Program CFDA93.778 $2,711,932,845 $2,711,932,845 $2,709,121,525 $2,711,932,845 TOTAL AGENCY FUNDS $118,619,883 $118,619,883 $118,619,883 $118,619,883 Reserved Fund Balances $56,276,895 $56,276,895 $56,276,895 $56,276,895 Reserved Fund Balances Not Itemized $56,276,895 $56,276,895 $56,276,895 $56,276,895 Intergovernmental Transfers $62,342,988 $62,342,988 $62,342,988 $62,342,988 Hospital Authorities $62,342,988 $62,342,988 $62,342,988 $62,342,988 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $267,288,632 $267,288,632 $267,288,632 $267,288,632 State Funds Transfers $267,288,632 $267,288,632 $267,288,632 $267,288,632 Optional Medicaid Services Payments $267,288,632 $267,288,632 $267,288,632 $267,288,632 TOTAL PUBLIC FUNDS $4,435,430,534 $4,435,430,534 $4,431,167,729 $4,435,430,534 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 $939,577,761 $939,577,761 $939,577,761 $939,577,761 $640,361,746 $640,361,746 $640,361,746 $640,361,746 1684 JOURNAL OF THE SENATE Tobacco Settlement Funds Hospital Provider Fee TOTAL FEDERAL FUNDS 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 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 85.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the PeachCare program to align with projected expenditures. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($7,197,930) ($13,941,365) ($21,139,295) ($7,197,930) ($13,941,365) ($21,139,295) ($7,197,930) ($13,941,365) ($21,139,295) ($7,197,930) ($13,941,365) ($21,139,295) 85.2 Increase funds to restore the FY2012 reduction to the Medicaid: Low-Income Medicaid program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $77,555,551 $150,214,055 $227,769,606 $77,555,551 $150,214,055 $227,769,606 $77,555,551 $150,214,055 $227,769,606 $77,555,551 $150,214,055 $227,769,606 85.3 Increase funds to maintain 12 months of care management organization (CMO) payments. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $75,612,649 $75,612,649 $0 $0 $146,450,931 $146,450,931 $0 $0 $222,063,580 $222,063,580 $0 $0 85.4 Increase funds to reflect FY2011 reserves and use to fund benefits expense. State General Funds Medical Assistance Program CFDA93.778 Reserved Fund Balances Not Itemized Total Public Funds: ($4,706,548) $53,597,402 $32,378,899 $81,269,753 ($4,706,548) $53,597,402 $32,378,899 $81,269,753 ($4,706,548) $53,597,402 $32,378,899 $81,269,753 ($4,706,548) $53,597,402 $32,378,899 $81,269,753 MONDAY, MARCH 12, 2012 1685 85.5 Transfer funds from the Medicaid: Low-Income Medicaid program to the Departmental Administration and Program Support program for specified projects. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($3,956,079) ($7,662,362) ($11,618,441) ($3,956,079) ($7,662,362) ($11,618,441) ($3,956,079) ($7,662,362) ($11,618,441) ($3,956,079) ($7,662,362) ($11,618,441) 85.6 Transfer funds from the Medicaid: Low-Income Medicaid program to the Indigent Care Trust Fund program for the state match for private hospitals eligible for the Disproportionate Share Hospital (DSH) program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($2,143,082) ($4,150,845) ($6,293,927) ($2,143,082) ($4,150,845) ($6,293,927) ($2,143,082) ($4,150,845) ($6,293,927) ($2,143,082) ($4,150,845) ($6,293,927) 85.7 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,189,513 $6,177,631 $9,367,144 $3,189,513 $6,177,631 $9,367,144 $3,189,513 $6,177,631 $9,367,144 $3,189,513 $6,177,631 $9,367,144 85.8 Increase funds to adjust member copayments to the nearest whole or half dollar. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $360,465 $698,169 $1,058,634 $360,465 $698,169 $1,058,634 $0 $360,465 $0 $698,169 $0 $1,058,634 85.9 Increase funds to reflect projected Hospital Provider Payment revenue. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $2,770,121 $1,430,214 $4,200,335 $2,770,121 $1,430,214 $4,200,335 $2,770,121 $1,430,214 $4,200,335 $2,770,121 $1,430,214 $4,200,335 85.10 Reduce funds based on projected benefit need. (S and CC:Increase funds to meet projected need) State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($15,127,330) $15,127,330 $0 $19,270,684 $37,324,570 $56,595,254 $19,270,684 $37,324,570 $56,595,254 1686 JOURNAL OF THE SENATE 85.100 -Medicaid: Low-Income Medicaid Appropriation (HB 741) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,079,722,514 $1,064,595,184 $1,023,020,084 $1,023,380,549 State General Funds $779,076,285 $763,948,955 $722,373,855 $722,734,320 Tobacco Settlement Funds $102,193,257 $102,193,257 $102,193,257 $102,193,257 Hospital Provider Fee $198,452,972 $198,452,972 $198,452,972 $198,452,972 TOTAL FEDERAL FUNDS $2,147,172,313 $2,162,299,643 $2,037,347,783 $2,038,045,952 Medical Assistance Program CFDA93.778 $2,147,172,313 $2,162,299,643 $2,037,347,783 $2,038,045,952 TOTAL AGENCY FUNDS $44,707,215 $44,707,215 $44,707,215 $44,707,215 Reserved Fund Balances $32,378,899 $32,378,899 $32,378,899 $32,378,899 Reserved Fund Balances Not Itemized $32,378,899 $32,378,899 $32,378,899 $32,378,899 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,285,018,889 $3,285,018,889 $3,118,491,929 $3,119,550,563 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 Hospital Provider Fee 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 $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 $151,783 $231,777,738 $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 $151,783 $231,777,738 $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 $151,783 $231,777,738 $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 $151,783 $231,777,738 86.1 Transfer funds from the Medicaid: Low-Income Medicaid program to the PeachCare program to align with projected MONDAY, MARCH 12, 2012 1687 expenditures. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $7,197,930 $23,007,399 $30,205,329 $7,197,930 $23,007,399 $30,205,329 $7,197,930 $23,007,399 $30,205,329 $7,197,930 $23,007,399 $30,205,329 86.2 Increase funds to cover the transition of eligible individuals from the State Health Benefit Plan to PeachCare. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $3,962,018 $12,664,159 $16,626,177 $3,962,018 $12,664,159 $16,626,177 $3,962,018 $12,664,159 $16,626,177 $3,962,018 $12,664,159 $16,626,177 86.3 Increase funds to maintain 12 months of care management organization (CMO) capitation payments. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $6,576,280 $6,576,280 $0 $0 $21,020,362 $21,020,362 $0 $0 $27,596,642 $27,596,642 $0 $0 86.4 Increase funds for a provider rate increase to ensure provider access for children of state employees newly eligible and enrolled in PeachCare. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $2,313,834 $7,395,918 $9,709,752 $2,313,834 $7,395,918 $9,709,752 $2,313,834 $7,395,918 $9,709,752 $2,313,834 $7,395,918 $9,709,752 86.5 Increase funds to adjust member copayments to the nearest whole or half dollar. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $229,550 $733,732 $963,282 $229,550 $733,732 $963,282 $0 $229,550 $0 $733,732 $0 $963,282 86.6 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $349,622 $1,117,529 $1,467,151 $349,622 $1,117,529 $1,467,151 $349,622 $1,117,529 $1,467,151 $349,622 $1,117,529 $1,467,151 86.7 Increase funds to recognize FY2011 reserves and use to fund expenses. 1688 JOURNAL OF THE SENATE State Children's Insurance Program CFDA93.767 Reserved Fund Balances Not Itemized Total Public Funds: $1,042,909 $326,277 $1,369,186 $1,042,909 $326,277 $1,369,186 $1,042,909 $326,277 $1,369,186 $1,042,909 $326,277 $1,369,186 86.100 -PeachCare Appropriation (HB 741) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $76,068,712 $76,068,712 $69,262,882 $69,492,432 State General Funds $74,441,463 $74,441,463 $67,635,633 $67,865,183 Hospital Provider Fee $1,627,249 $1,627,249 $1,627,249 $1,627,249 TOTAL FEDERAL FUNDS $243,168,485 $243,168,485 $221,414,391 $222,148,123 State Children's Insurance Program CFDA93.767 $243,168,485 $243,168,485 $221,414,391 $222,148,123 TOTAL AGENCY FUNDS $326,277 $326,277 $326,277 $326,277 Reserved Fund Balances $326,277 $326,277 $326,277 $326,277 Reserved Fund Balances Not Itemized $326,277 $326,277 $326,277 $326,277 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $151,783 $151,783 $151,783 $151,783 State Funds Transfers $151,783 $151,783 $151,783 $151,783 Optional Medicaid Services Payments $151,783 $151,783 $151,783 $151,783 TOTAL PUBLIC FUNDS $319,715,257 $319,715,257 $291,155,333 $292,118,615 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 87.1 Reduce funds to reflect revenue and expense projections. Health Insurance Payments ($122,019,942) ($122,019,942) ($122,019,942) ($122,019,942) MONDAY, MARCH 12, 2012 1689 87.2 Increase funds to reflect the expense for the initial year of the EnGAgement wellness plan. Health Insurance Payments $1,354,112 $1,354,112 $1,354,112 $1,354,112 87.3 Increase funds to reflect the implementation of a tobacco cessation program. Health Insurance Payments $1,200,000 $1,200,000 $1,200,000 $1,200,000 87.4 Reduce funds to reflect savings from the elimination of the bariatric surgery benefit. Health Insurance Payments ($1,750,000) ($1,750,000) ($1,750,000) ($1,750,000) 87.5 Reduce funds to reflect savings from offering the Tricare supplement to members who are former military personnel. Health Insurance Payments ($1,800,000) ($1,800,000) ($1,800,000) ($1,800,000) 87.6 Reduce funds to reflect savings from the transition of eligible members to PeachCare. Health Insurance Payments ($16,000,000) ($16,000,000) ($16,000,000) ($16,000,000) 87.7 Reduce funds to reflect savings from implementing a mandatory specialty drugs benefit. Health Insurance Payments ($3,620,000) ($3,620,000) ($3,620,000) ($3,620,000) 87.8 Reduce funds to reflect savings from implementing a voluntary mail order program for maintenance drugs. Health Insurance Payments ($1,500,000) ($1,500,000) ($1,500,000) ($1,500,000) 87.9 Reduce funds to reflect savings from decreasing reimbursement rates for out-of-network providers. Health Insurance Payments ($33,100,000) ($33,100,000) ($33,100,000) ($33,100,000) 87.10 Reduce funds to reflect savings from implementing tiers for prescriptions in the HRA plan. Health Insurance Payments ($31,300,000) ($31,300,000) ($31,300,000) ($31,300,000) 87.11 Reduce funds to reflect savings from eliminating the vision benefit in the HMO plan. Health Insurance Payments ($2,300,000) ($2,300,000) ($2,300,000) ($2,300,000) 87.12 Reduce funds to reflect savings from plan design changes in the Medicare Advantage plans. 1690 JOURNAL OF THE SENATE Health Insurance Payments ($2,989,289) ($2,989,289) ($2,989,289) ($2,989,289) 87.13 Increase funds to reflect a per member per month billings rate increase for non-certificated school service employees from $246.20 to $296.20, effective September 2011. Health Insurance Payments $32,130,984 $32,130,984 $32,130,984 $32,130,984 87.14 Increase funds to reflect a 6.2% employee premium increase due to the requirements of the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $17,900,000 $17,900,000 $17,900,000 $17,900,000 87.15 Reduce funds to reflect a reduction in projected reimbursements through the Early Retiree Reinsurance Program. Health Insurance Payments ($42,000,000) ($42,000,000) ($42,000,000) ($42,000,000) 87.16 Reduce funds to reflect the depletion of prior year funds. Health Insurance Payments ($50,580,920) ($50,580,920) ($50,580,920) ($50,580,920) 87.17 Increase funds to reflect an increase in the employer share to the State Health Benefit Plan. Health Insurance Payments $81,234,441 $81,234,441 $81,234,441 $81,234,441 87.100-State Health Benefit Plan Appropriation (HB 741) The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 $2,909,813,798 Georgia Composite Medical Board 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 MONDAY, MARCH 12, 2012 1691 professional behavior of the Board licensees. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 88.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $29,695 $29,695 $29,695 $29,695 88.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,562 $1,562 $1,562 $1,562 88.3 Reduce funds for personnel ($23,768) and rent ($5,000). (H and S:Reduce funds for personnel ($28,768)) State General Funds ($28,768) ($28,768) ($28,768) ($28,768) 88.100 -Georgia Composite Medical Board Appropriation (HB 741) 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 $1,969,535 $1,969,535 $1,969,535 $1,969,535 State General Funds $1,969,535 $1,969,535 $1,969,535 $1,969,535 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $2,069,535 $2,069,535 $2,069,535 $2,069,535 Physician Workforce, Georgia Board for: Board Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all agency programs. 1692 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 89.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $9,244 $9,244 $9,244 $9,244 89.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $269 $269 $269 $269 89.3 Transfer funds from the Georgia Board for Physician Workforce Administration program to the Physicians for Rural Areas program. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 89.100 -Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $623,929 $623,929 State General Funds $623,929 $623,929 TOTAL PUBLIC FUNDS $623,929 $623,929 Appropriation (HB 741) $623,929 $623,929 $623,929 $623,929 $623,929 $623,929 Physician Workforce, Georgia Board for: 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 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 90.1 Maximize federal participation for graduate medical education programs. (G:YES)(H:YES)(S:YES) MONDAY, MARCH 12, 2012 1693 State General Funds $0 $0 $0 $0 90.100-Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 741) The purpose of this appropriation is to address the physician workforce needs of Georgia communities through the support and development of medical education programs. TOTAL STATE FUNDS $7,878,358 $7,878,358 $7,878,358 $7,878,358 State General Funds $7,878,358 $7,878,358 $7,878,358 $7,878,358 TOTAL PUBLIC FUNDS $7,878,358 $7,878,358 $7,878,358 $7,878,358 Physician Workforce, Georgia Board for: 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 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 91.1 Reduce funds for the Mercer School of Medicine operating grant. State General Funds ($417,454) $0 $0 $0 91.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 741) 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 $19,752,457 $20,169,911 $20,169,911 $20,169,911 State General Funds $19,752,457 $20,169,911 $20,169,911 $20,169,911 TOTAL PUBLIC FUNDS $19,752,457 $20,169,911 $20,169,911 $20,169,911 Physician Workforce, Georgia Board for: 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 1694 JOURNAL OF THE SENATE primary and other needed physician specialists through a public/private partnership with the State of Georgia. TOTAL STATE FUNDS $10,671,474 $10,671,474 $10,671,474 State General Funds $10,671,474 $10,671,474 $10,671,474 TOTAL PUBLIC FUNDS $10,671,474 $10,671,474 $10,671,474 92.1 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds ($220,865) $0 $0 $10,671,474 $10,671,474 $10,671,474 $0 92.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 741) 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 $10,450,609 $10,671,474 $10,671,474 $10,671,474 State General Funds $10,450,609 $10,671,474 $10,671,474 $10,671,474 TOTAL PUBLIC FUNDS $10,450,609 $10,671,474 $10,671,474 $10,671,474 Physician Workforce, Georgia Board for: Physicians for Rural Areas 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 of aid to promising medical students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 93.1 Transfer funds from the Georgia Board for Physician Workforce Administration program to the Physicians for Rural Areas program. State General Funds $40,000 $40,000 $40,000 $40,000 93.2 Increase funds for two additional loan repayments to the Physicians for Rural Areas Assistance program. State General Funds $40,000 $40,000 $40,000 MONDAY, MARCH 12, 2012 1695 93.100 -Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 741) The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical students. TOTAL STATE FUNDS $830,000 $870,000 $870,000 $870,000 State General Funds $830,000 $870,000 $870,000 $870,000 TOTAL PUBLIC FUNDS $830,000 $870,000 $870,000 $870,000 Physician Workforce, Georgia Board for: 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 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 94.1 Reduce funds for medical education at private institutions. State General Funds ($56,537) $0 $0 $0 94.100-Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 741) 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 $2,675,099 $2,731,636 $2,731,636 $2,731,636 State General Funds $2,675,099 $2,731,636 $2,731,636 $2,731,636 TOTAL PUBLIC FUNDS $2,675,099 $2,731,636 $2,731,636 $2,731,636 Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 1696 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,086,164,264 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,086,164,264 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,086,164,264 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,086,164,264 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $1,083,172,822 $1,082,717,850 $1,083,172,822 $1,082,717,850 $3,598,119 $3,598,119 $3,598,119 $3,598,119 $27,709,215 $27,709,215 $9,239,293 $9,239,293 $9,239,293 $9,239,293 $655,104 $655,104 $655,104 $655,104 $17,814,818 $17,814,818 $17,814,818 $17,814,818 $1,114,480,156 $1,114,025,184 $1,083,172,822 $1,083,172,822 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,114,480,156 $1,082,717,850 $1,082,717,850 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,114,025,184 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 AGENCY FUNDS Sales and Services $6,005,846 $6,005,846 $7,046 $7,046 $6,005,846 $6,005,846 $7,046 $7,046 $6,005,846 $6,005,846 $7,046 $7,046 $6,005,846 $6,005,846 $7,046 $7,046 MONDAY, MARCH 12, 2012 1697 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,046 $6,012,892 $7,046 $6,012,892 $7,046 $6,012,892 $7,046 $6,012,892 95.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $61,473 $61,473 $61,473 $61,473 95.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,513 $8,513 $8,513 $8,513 95.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 741) 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 $6,075,832 $6,075,832 $6,075,832 $6,075,832 State General Funds $6,075,832 $6,075,832 $6,075,832 $6,075,832 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $6,082,878 $6,082,878 $6,082,878 $6,082,878 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 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 96.1 Increase funds for jail subsidy payments to local jails for housing Department of Corrections inmates. State General Funds $5,568,358 $5,568,358 $5,568,358 $9,596,724 $9,596,724 $9,596,724 $5,568,358 96.100 -County Jail Subsidy Appropriation (HB 741) The purpose of this appropriation is to reimburse counties for the costs of incarcerating state prisoners in their local facilities after 1698 JOURNAL OF THE SENATE sentencing. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 $15,165,082 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 $50,685,350 $50,685,350 $70,555 $70,555 $598,273 $598,273 $598,273 $51,354,178 $50,685,350 $50,685,350 $70,555 $70,555 $598,273 $598,273 $598,273 $51,354,178 $50,685,350 $50,685,350 $70,555 $70,555 $598,273 $598,273 $598,273 $51,354,178 $50,685,350 $50,685,350 $70,555 $70,555 $598,273 $598,273 $598,273 $51,354,178 97.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $597,900 $597,900 $597,900 $597,900 97.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $353,027 $353,027 $353,027 $353,027 97.3 Increase funds for the Bostick facility renovation to provide 150 beds for medically fragile offenders. State General Funds $6,000,000 $6,000,000 $6,000,000 $6,000,000 97.4 Transfer funds from the Departmental Administration program to the Offender Management, Probation Supervision, and State Prisons programs for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds ($5,450,000) ($5,450,000) ($5,450,000) ($5,450,000) 97.5 Reduce funds for personnel in the Operations, Planning, and Training Division. (CC:Reduce funds in the State Prisons program) MONDAY, MARCH 12, 2012 1699 State General Funds ($454,972) $0 $0 97.100-Departmental Administration Appropriation (HB 741) 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 $52,186,277 $51,731,305 $52,186,277 $52,186,277 State General Funds $52,186,277 $51,731,305 $52,186,277 $52,186,277 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 $70,555 TOTAL AGENCY FUNDS $598,273 $598,273 $598,273 $598,273 Sales and Services $598,273 $598,273 $598,273 $598,273 Sales and Services Not Itemized $598,273 $598,273 $598,273 $598,273 TOTAL PUBLIC FUNDS $52,855,105 $52,400,133 $52,855,105 $52,855,105 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 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 $450,000 $28,168,663 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 $450,000 $28,168,663 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 $450,000 $28,168,663 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 $450,000 $28,168,663 98.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $422,887 $422,887 $422,887 $422,887 98.2 Increase funds to reflect an adjustment in telecommunications expenses. 1700 JOURNAL OF THE SENATE State General Funds $48,947 $48,947 $48,947 $48,947 98.100 -Detention Centers Appropriation (HB 741) 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 $27,921,626 $27,921,626 $27,921,626 $27,921,626 State General Funds $27,921,626 $27,921,626 $27,921,626 $27,921,626 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 $466,491 $466,491 $466,491 $466,491 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 $450,000 $450,000 $450,000 $450,000 Sales and Services Not Itemized $450,000 $450,000 $450,000 $450,000 TOTAL PUBLIC FUNDS $28,640,497 $28,640,497 $28,640,497 $28,640,497 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 99.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $20,944 $20,944 $20,944 $20,944 MONDAY, MARCH 12, 2012 1701 99.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,606 $4,606 $4,606 $4,606 99.3 Increase funds to convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $96,818 $96,818 $96,818 $96,818 99.100-Food and Farm Operations Appropriation (HB 741) 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 $27,497,484 $27,497,484 $27,497,484 $27,497,484 State General Funds $27,497,484 $27,497,484 $27,497,484 $27,497,484 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 $200,000 $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $28,767,205 $28,767,205 $28,767,205 $28,767,205 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 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 100.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1702 JOURNAL OF THE SENATE State General Funds $177,932 100.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,088 $177,932 $4,088 $177,932 $4,088 $177,932 $4,088 100.3 Increase funds to convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $334,545 $334,545 $334,545 $334,545 100.100 -Health Appropriation (HB 741) 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 $203,070,836 $203,070,836 $203,070,836 $203,070,836 State General Funds $203,070,836 $203,070,836 $203,070,836 $203,070,836 TOTAL AGENCY FUNDS $5,390,000 $5,390,000 $5,390,000 $5,390,000 Sales and Services $5,390,000 $5,390,000 $5,390,000 $5,390,000 Sales and Services Not Itemized $5,390,000 $5,390,000 $5,390,000 $5,390,000 TOTAL PUBLIC FUNDS $208,460,836 $208,460,836 $208,460,836 $208,460,836 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 $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 101.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. MONDAY, MARCH 12, 2012 1703 State General Funds $59,315 101.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $16,981 $59,315 $16,981 $59,315 $16,981 $59,315 $16,981 101.3 Transfer funds from the Departmental Administration program to the Offender Management program for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds $150,000 $150,000 $150,000 $150,000 101.100 -Offender Management Appropriation (HB 741) 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 $42,266,539 $42,266,539 $42,266,539 $42,266,539 State General Funds $42,266,539 $42,266,539 $42,266,539 $42,266,539 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 $42,296,539 $42,296,539 $42,296,539 $42,296,539 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 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 102.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1704 JOURNAL OF THE SENATE State General Funds $78,958 102.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $7,373 $78,958 $7,373 $78,958 $7,373 $78,958 $7,373 102.100-Parole Revocation Centers Appropriation (HB 741) 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 $4,707,258 $4,707,258 $4,707,258 $4,707,258 State General Funds $4,707,258 $4,707,258 $4,707,258 $4,707,258 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 $5,119,758 $5,119,758 $5,119,758 $5,119,758 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 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 103.100 -Private Prisons Appropriation (HB 741) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $99,634,010 $99,634,010 $99,634,010 $99,634,010 State General Funds $99,634,010 $99,634,010 $99,634,010 $99,634,010 TOTAL PUBLIC FUNDS $99,634,010 $99,634,010 $99,634,010 $99,634,010 MONDAY, MARCH 12, 2012 1705 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 104.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $1,424,798 $1,424,798 $1,424,798 $1,424,798 104.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $330,999 $330,999 $330,999 $330,999 104.3 Transfer funds from the Departmental Administration program to the Probation Supervision program for the Georgia Enterprise Technology Services (GETS) contracts to align funding with the functional budget program. State General Funds $2,800,000 $2,800,000 $2,800,000 $2,800,000 104.99 Amendment: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. Senate: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. House: 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. Governor: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. State General Funds $0 $0 $0 $0 1706 JOURNAL OF THE SENATE 104.100 -Probation Supervision Appropriation (HB 741) 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 $93,909,560 $93,909,560 $93,909,560 $93,909,560 State General Funds $93,909,560 $93,909,560 $93,909,560 $93,909,560 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 Sales and Services $100,000 $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 $100,000 TOTAL PUBLIC FUNDS $94,009,560 $94,009,560 $94,009,560 $94,009,560 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 105.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $7,415,896 $7,415,896 $7,415,896 $7,415,896 MONDAY, MARCH 12, 2012 1707 105.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $616,024 $616,024 $616,024 $616,024 105.3 Increase funds to convert three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $4,200,644 $4,200,644 $4,200,644 $4,200,644 105.4 Transfer funds and 104 positions from the Transitional Centers program to the State Prisons program to align budget with expenditures. State General Funds $4,135,776 $4,135,776 $1,529,318 $1,529,318 105.5 Transfer funds from the Departmental Administration program to the State Prisons program for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds $2,500,000 $2,500,000 $2,500,000 $2,500,000 105.6 Reduce funds. State General Funds ($454,972) 105.99 Amendment: 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; and to provide fire services and work details to the Department, state agencies, and local communities. Senate: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society; and to provide fire services and work details to the Department, state agencies, and local communities. House: 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; and to provide fire services and work details to the Department, state agencies, and local communities. Governor: 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 1708 JOURNAL OF THE SENATE other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society; and to provide fire services and work details to the Department, state agencies, and local communities. State General Funds $0 $0 $0 $0 105.100 -State Prisons Appropriation (HB 741) 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; and to provide fire services and work details to the Department, state agencies, and local communities. TOTAL STATE FUNDS $486,018,274 $486,018,274 $483,411,816 $482,956,844 State General Funds $486,018,274 $486,018,274 $483,411,816 $482,956,844 TOTAL FEDERAL FUNDS $2,197,963 $2,197,963 $2,197,963 $2,197,963 Federal Funds Not Itemized $2,197,963 $2,197,963 $2,197,963 $2,197,963 TOTAL AGENCY FUNDS $20,512,405 $20,512,405 $20,512,405 $20,512,405 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 $10,634,499 $10,634,499 $10,634,499 $10,634,499 Sales and Services Not Itemized $10,634,499 $10,634,499 $10,634,499 $10,634,499 TOTAL PUBLIC FUNDS $508,728,642 $508,728,642 $506,122,184 $505,667,212 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 PUBLIC FUNDS $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 106.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $419,136 $419,136 $419,136 $419,136 MONDAY, MARCH 12, 2012 1709 106.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $45,730 $45,730 $45,730 $45,730 106.3 Transfer funds and 104 positions from the Transitional Centers program to the State Prisons program to align budget with expenditures. State General Funds ($4,135,776) ($4,135,776) ($1,529,318) ($1,529,318) 106.100 -Transitional Centers Appropriation (HB 741) 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 $24,720,044 $24,720,044 $27,326,502 $27,326,502 State General Funds $24,720,044 $24,720,044 $27,326,502 $27,326,502 TOTAL PUBLIC FUNDS $24,720,044 $24,720,044 $27,326,502 $27,326,502 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 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 Section Total - Continuation $8,862,426 $8,862,426 $8,862,426 $8,862,426 $8,862,426 $8,862,426 $51,415,118 $51,415,118 $51,415,118 $51,415,118 $51,415,118 $51,415,118 $6,448,566 $6,448,566 $6,448,566 $17,305 $17,305 $17,305 $17,305 $17,305 $17,305 $4,988,048 $4,988,048 $4,988,048 $4,988,048 $4,988,048 $4,988,048 $177,212 $177,212 $177,212 $177,212 $177,212 $177,212 $1,266,001 $1,266,001 $1,266,001 $1,266,001 $1,266,001 $1,266,001 $66,726,110 $66,726,110 $66,726,110 $8,862,426 $8,862,426 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 TOTAL STATE FUNDS Section Total - Final $8,923,542 $8,923,542 $8,923,542 $8,923,542 1710 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 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 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 $8,923,542 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,787,226 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 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 107.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $18,178 $18,178 $18,178 $18,178 107.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $46,549 $46,549 $46,549 $46,549 107.3 Reduce funds for personnel by increasing the utilization of federal funds and holding three positions vacant. State General Funds ($84,867) ($84,867) ($84,867) ($84,867) MONDAY, MARCH 12, 2012 1711 107.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,132,640 $1,132,640 $1,132,640 $1,132,640 State General Funds $1,132,640 $1,132,640 $1,132,640 $1,132,640 TOTAL FEDERAL FUNDS $594,059 $594,059 $594,059 $594,059 Federal Funds Not Itemized $594,059 $594,059 $594,059 $594,059 TOTAL PUBLIC FUNDS $1,726,699 $1,726,699 $1,726,699 $1,726,699 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 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 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 108.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $42,914 $42,914 $42,914 $42,914 1712 JOURNAL OF THE SENATE 108.100 -Military Readiness Appropriation (HB 741) 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 $4,585,870 $4,585,870 $4,585,870 $4,585,870 State General Funds $4,585,870 $4,585,870 $4,585,870 $4,585,870 TOTAL FEDERAL FUNDS $41,554,643 $41,554,643 $41,554,643 $41,554,643 Federal Funds Not Itemized $41,554,643 $41,554,643 $41,554,643 $41,554,643 TOTAL AGENCY FUNDS $6,448,566 $6,448,566 $6,448,566 $6,448,566 Contributions, Donations, and Forfeitures $17,305 $17,305 $17,305 $17,305 Contributions, Donations, and Forfeitures Not Itemized $17,305 $17,305 $17,305 $17,305 Intergovernmental Transfers $4,988,048 $4,988,048 $4,988,048 $4,988,048 Intergovernmental Transfers Not Itemized $4,988,048 $4,988,048 $4,988,048 $4,988,048 Royalties and Rents $177,212 $177,212 $177,212 $177,212 Royalties and Rents Not Itemized $177,212 $177,212 $177,212 $177,212 Sales and Services $1,266,001 $1,266,001 $1,266,001 $1,266,001 Sales and Services Not Itemized $1,266,001 $1,266,001 $1,266,001 $1,266,001 TOTAL PUBLIC FUNDS $52,589,079 $52,589,079 $52,589,079 $52,589,079 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 $3,166,690 $3,166,690 $9,266,416 $9,266,416 $12,433,106 $3,166,690 $3,166,690 $9,266,416 $9,266,416 $12,433,106 $3,166,690 $3,166,690 $9,266,416 $9,266,416 $12,433,106 $3,166,690 $3,166,690 $9,266,416 $9,266,416 $12,433,106 109.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $38,342 $38,342 $38,342 $38,342 MONDAY, MARCH 12, 2012 1713 109.100 -Youth Educational Services Appropriation (HB 741) 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 $3,205,032 $3,205,032 $3,205,032 $3,205,032 State General Funds $3,205,032 $3,205,032 $3,205,032 $3,205,032 TOTAL FEDERAL FUNDS $9,266,416 $9,266,416 $9,266,416 $9,266,416 Federal Funds Not Itemized $9,266,416 $9,266,416 $9,266,416 $9,266,416 TOTAL PUBLIC FUNDS $12,471,448 $12,471,448 $12,471,448 $12,471,448 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $57,053,533 $57,053,533 $57,053,533 $57,053,533 $57,053,533 $57,053,533 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $59,897,654 $59,897,654 $59,897,654 $57,053,533 $57,053,533 $2,844,121 $2,844,121 $2,844,121 $59,897,654 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $58,860,043 $58,860,043 $58,860,043 $58,860,043 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $61,704,164 $61,704,164 $58,860,043 $58,860,043 $2,844,121 $2,844,121 $2,844,121 $61,704,164 $58,860,043 $58,860,043 $2,844,121 $2,844,121 $2,844,121 $61,704,164 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, as well as driver training and education regulatory programs. TOTAL STATE FUNDS State General Funds $8,941,118 $8,941,118 $8,941,118 $8,941,118 $8,941,118 $8,941,118 $8,941,118 $8,941,118 1714 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $500,857 $9,441,975 $500,857 $500,857 $500,857 $9,441,975 $500,857 $500,857 $500,857 $9,441,975 $500,857 $500,857 $500,857 $9,441,975 110.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $76,068 $76,068 $76,068 $76,068 110.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $224,631 $224,631 $224,631 $224,631 110.3 Reduce funds for personnel. State General Funds ($178,822) ($178,822) ($178,822) ($178,822) 110.99 Amendment: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. Senate: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. House: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. Governor: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. State General Funds $0 $0 $0 $0 110.100-Customer Service Support Appropriation (HB 741) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,062,995 $9,062,995 $9,062,995 $9,062,995 State General Funds $9,062,995 $9,062,995 $9,062,995 $9,062,995 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 $500,857 Sales and Services $500,857 $500,857 $500,857 $500,857 MONDAY, MARCH 12, 2012 Sales and Services Not Itemized TOTAL PUBLIC FUNDS 1715 $500,857 $9,563,852 $500,857 $9,563,852 $500,857 $9,563,852 $500,857 $9,563,852 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 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 111.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $481,829 $481,829 $481,829 $481,829 111.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,186,511 $1,186,511 $1,186,511 $1,186,511 111.100 -License Issuance Appropriation (HB 741) 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 $48,945,789 $48,945,789 $48,945,789 $48,945,789 State General Funds $48,945,789 $48,945,789 $48,945,789 $48,945,789 TOTAL AGENCY FUNDS $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services $1,827,835 $1,827,835 $1,827,835 $1,827,835 Sales and Services Not Itemized $1,827,835 $1,827,835 $1,827,835 $1,827,835 TOTAL PUBLIC FUNDS $50,773,624 $50,773,624 $50,773,624 $50,773,624 1716 JOURNAL OF THE SENATE 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 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 112.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $12,016 $12,016 $12,016 $12,016 112.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $20,977 $20,977 $20,977 $20,977 112.3 Reduce funds for contracts for the Online Certification Reporting Application (OCRA). State General Funds ($16,700) ($16,700) ($16,700) ($16,700) 112.100 -Regulatory Compliance Appropriation (HB 741) 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 $851,259 $851,259 $851,259 $851,259 State General Funds $851,259 $851,259 $851,259 $851,259 TOTAL AGENCY FUNDS $515,429 $515,429 $515,429 $515,429 Sales and Services $515,429 $515,429 $515,429 $515,429 Sales and Services Not Itemized $515,429 $515,429 $515,429 $515,429 TOTAL PUBLIC FUNDS $1,366,688 $1,366,688 $1,366,688 $1,366,688 MONDAY, MARCH 12, 2012 1717 Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 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 Section Total - Continuation $301,820,403 $301,820,403 $301,820,403 $1,187,817 $1,187,817 $1,187,817 $300,632,586 $300,632,586 $300,632,586 $154,814,640 $154,814,640 $154,814,640 $123,974,758 $123,974,758 $123,974,758 $30,839,882 $30,839,882 $30,839,882 $139,250 $139,250 $139,250 $20,700 $20,700 $20,700 $20,700 $20,700 $20,700 $103,550 $103,550 $103,550 $103,550 $103,550 $103,550 $14,250 $14,250 $14,250 $14,250 $14,250 $14,250 $750 $750 $750 $750 $750 $750 $456,774,293 $456,774,293 $456,774,293 $301,820,403 $1,187,817 $300,632,586 $154,814,640 $123,974,758 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,774,293 Section Total - Final $301,901,533 $301,894,033 $1,210,533 $1,203,033 $300,691,000 $300,691,000 $154,814,640 $154,814,640 $123,974,758 $123,974,758 $30,839,882 $30,839,882 $139,250 $139,250 $20,700 $20,700 $20,700 $20,700 $103,550 $103,550 $103,550 $103,550 $14,250 $14,250 $14,250 $14,250 $301,894,033 $1,203,033 $300,691,000 $154,814,640 $123,974,758 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $301,894,033 $1,203,033 $300,691,000 $153,614,640 $123,974,758 $29,639,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 1718 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $750 $750 $456,855,423 $750 $750 $456,847,923 $750 $750 $456,847,923 $750 $750 $455,647,923 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 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 113.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $22,716 $22,716 $22,716 $22,716 113.2 Reduce funds for operations. State General Funds ($7,500) ($7,500) ($7,500) 113.100 -Child Care Services Appropriation (HB 741) 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 $1,210,533 $1,203,033 $1,203,033 $1,203,033 State General Funds $1,210,533 $1,203,033 $1,203,033 $1,203,033 TOTAL FEDERAL FUNDS $6,839,882 $6,839,882 $6,839,882 $6,839,882 Child Care & Development Block Grant CFDA93.575 $6,839,882 $6,839,882 $6,839,882 $6,839,882 MONDAY, MARCH 12, 2012 1719 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,000 $14,250 $14,250 $750 $750 $8,065,415 $15,000 $14,250 $14,250 $750 $750 $8,057,915 $15,000 $14,250 $14,250 $750 $750 $8,057,915 $15,000 $14,250 $14,250 $750 $750 $8,057,915 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 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 114.100 -Nutrition Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 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 $300,632,586 $0 $300,632,586 $300,632,586 $0 $300,632,586 $300,632,586 $0 $300,632,586 $300,632,586 $0 $300,632,586 1720 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $367,823 $367,823 $301,000,409 $367,823 $367,823 $301,000,409 $367,823 $367,823 $301,000,409 $367,823 $367,823 $301,000,409 115.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Lottery Proceeds $57,828 $57,828 $57,828 $57,828 115.2 Increase funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds $586 $586 $586 $586 115.100 -Pre-Kindergarten Program Appropriation (HB 741) 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 $300,691,000 $300,691,000 $300,691,000 $300,691,000 Lottery Proceeds $300,691,000 $300,691,000 $300,691,000 $300,691,000 TOTAL FEDERAL FUNDS $367,823 $367,823 $367,823 $367,823 Federal Funds Not Itemized $367,823 $367,823 $367,823 $367,823 TOTAL PUBLIC FUNDS $301,058,823 $301,058,823 $301,058,823 $301,058,823 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 Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 MONDAY, MARCH 12, 2012 1721 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $103,550 $26,631,185 $103,550 $26,631,185 $103,550 $26,631,185 116.1 Transfer one-time funds to the Department of Public Health for the Children 1st program. Child Care & Development Block Grant CFDA93.575 $103,550 $26,631,185 ($1,200,000) 116.100 -Quality Initiatives Appropriation (HB 741) 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 Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $25,306,935 $2,506,935 $22,800,000 $124,250 $20,700 $20,700 $103,550 $103,550 $25,431,185 Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 Section Total - Continuation $39,688,684 $39,688,684 $39,688,684 $32,019,738 $32,019,738 $32,019,738 $7,668,946 $7,668,946 $7,668,946 $909,400 $909,400 $909,400 $909,400 $909,400 $909,400 $20,370 $20,370 $20,370 $20,244 $20,244 $20,244 $20,244 $20,244 $20,244 $126 $126 $126 $126 $126 $126 $40,618,454 $40,618,454 $40,618,454 $39,688,684 $32,019,738 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,618,454 1722 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 Section Total - Final $39,131,341 $38,981,341 $31,462,395 $31,312,395 $7,668,946 $7,668,946 $909,400 $909,400 $909,400 $909,400 $20,370 $20,370 $20,244 $20,244 $20,244 $20,244 $126 $126 $126 $126 $40,061,111 $39,911,111 $39,156,341 $31,487,395 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,086,111 $39,156,341 $31,487,395 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,086,111 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 Capitol Galleries. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $574,268 $574,268 $659,400 $659,400 $1,233,668 $574,268 $574,268 $659,400 $659,400 $1,233,668 $574,268 $574,268 $659,400 $659,400 $1,233,668 $574,268 $574,268 $659,400 $659,400 $1,233,668 117.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $5,932 $5,932 $5,932 $5,932 117.100-Arts, Georgia Council for the Appropriation (HB 741) 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 STATE FUNDS $580,200 $580,200 $580,200 $580,200 State General Funds $580,200 $580,200 $580,200 $580,200 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 $659,400 MONDAY, MARCH 12, 2012 Federal Funds Not Itemized TOTAL PUBLIC FUNDS 1723 $659,400 $1,239,600 $659,400 $1,239,600 $659,400 $1,239,600 $659,400 $1,239,600 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 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 118.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $72,528 $72,528 $72,528 $72,528 118.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $666 $666 $666 $666 118.3 Reduce funds for personnel and eliminate one vacant position. State General Funds ($100,000) ($100,000) ($100,000) ($100,000) 118.4 Reduce funds for marketing. State General Funds ($196,974) ($196,974) ($206,974) ($206,974) 118.100 -Business Recruitment and Expansion Appropriation (HB 741) 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 $7,484,461 $7,484,461 $7,474,461 $7,474,461 State General Funds $7,484,461 $7,484,461 $7,474,461 $7,474,461 TOTAL PUBLIC FUNDS $7,484,461 $7,484,461 $7,474,461 $7,474,461 1724 JOURNAL OF THE SENATE Departmental Administration Continuation Budget The purpose of this appropriation is to influence, affect, and enhance economic development in Georgia and provide information to people and companies to promote the state. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 119.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $48,479 $48,479 $48,479 $48,479 119.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $251 $251 $251 $251 119.3 Reduce funds for personnel. State General Funds ($80,545) ($80,545) ($80,545) ($80,545) 119.4 Reduce funds for equipment. State General Funds ($15,597) ($15,597) ($15,597) ($15,597) 119.5 Increase funds for telecommunications expenses. State General Funds $150,000 $0 $0 $0 119.6 Reduce funds marketing. State General Funds ($14,723) ($14,723) ($14,723) ($14,723) 119.100-Departmental Administration Appropriation (HB 741) 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 $4,084,388 $3,934,388 $3,934,388 $3,934,388 MONDAY, MARCH 12, 2012 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 1725 $4,084,388 $126 $126 $126 $4,084,514 $3,934,388 $126 $126 $126 $3,934,514 $3,934,388 $126 $126 $126 $3,934,514 $3,934,388 $126 $126 $126 $3,934,514 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 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 120.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $9,753 $9,753 $9,753 $9,753 120.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $20 $20 $20 $20 120.3 Reduce funds for marketing. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 120.100-Film, Video, and Music Appropriation (HB 741) 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 $970,665 $970,665 $970,665 $970,665 State General Funds $970,665 $970,665 $970,665 $970,665 TOTAL PUBLIC FUNDS $970,665 $970,665 $970,665 $970,665 1726 JOURNAL OF THE SENATE 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; provide contract funds for Georgia Research Alliance (GRA) for economic development activities including but not limited to supporting Georgia-based companies and university research; and provide contract funds for Georgia Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 122.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $9,412 $9,412 $9,412 $9,412 122.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $52 $52 $52 $52 122.3 Reduce funds for contracts with the Georgia Research Alliance. State General Funds ($90,047) ($90,047) ($90,047) ($90,047) 122.100 -Innovation and Technology Appropriation (HB 741) 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; provide contract funds for Georgia Research Alliance (GRA) for economic development activities including but not limited to supporting Georgia-based companies and university research; and provide contract funds for Georgia Cancer Coalition for ongoing research and prevention. TOTAL STATE FUNDS $13,554,222 $13,554,222 $13,554,222 $13,554,222 State General Funds $5,885,276 $5,885,276 $5,885,276 $5,885,276 Tobacco Settlement Funds $7,668,946 $7,668,946 $7,668,946 $7,668,946 TOTAL FEDERAL FUNDS $250,000 $250,000 $250,000 $250,000 Federal Funds Not Itemized $250,000 $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $13,804,222 $13,804,222 $13,804,222 $13,804,222 MONDAY, MARCH 12, 2012 1727 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 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 123.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $16,401 $16,401 $16,401 $16,401 123.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $120 $120 $120 $120 123.100 -International Relations and Trade Appropriation (HB 741) 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 $2,118,068 $2,118,068 $2,118,068 $2,118,068 State General Funds $2,118,068 $2,118,068 $2,118,068 $2,118,068 TOTAL PUBLIC FUNDS $2,118,068 $2,118,068 $2,118,068 $2,118,068 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 $896,415 $896,415 $20,244 $20,244 $896,415 $896,415 $20,244 $20,244 $896,415 $896,415 $20,244 $20,244 $896,415 $896,415 $20,244 $20,244 1728 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $20,244 $916,659 $20,244 $916,659 $20,244 $916,659 $20,244 $916,659 124.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $12,980 $12,980 $12,980 $12,980 124.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $72 $72 $72 $72 124.3 Reduce funds for equipment. State General Funds ($5,100) ($5,100) ($5,100) ($5,100) 124.100 -Small and Minority Business Development Appropriation (HB 741) 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 $904,367 $904,367 $904,367 $904,367 State General Funds $904,367 $904,367 $904,367 $904,367 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 $924,611 $924,611 $924,611 $924,611 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 cultural and tourism development as well as the Georgia Historical Society and the Georgia Humanities Council contracts, 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 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 MONDAY, MARCH 12, 2012 1729 125.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $66,039 $66,039 $66,039 $66,039 125.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $792 $792 $792 $792 125.3 Reduce funds for personnel and eliminate two filled positions. State General Funds ($147,854) ($147,854) ($147,854) ($147,854) 125.4 Reduce funds for marketing. State General Funds ($75,000) ($75,000) ($75,000) ($75,000) 125.5 Transfer funds added in HB78 (2011 Session) to the Civil War Commission for tourism promotion related to the sesquicentennial. State General Funds ($10,000) $0 125.100 -Tourism Appropriation (HB 741) The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund cultural and tourism development as well as the Georgia Historical Society and the Georgia Humanities Council contracts, and work with communities to develop and market tourism products in order to attract more tourism to the state. TOTAL STATE FUNDS $9,434,970 $9,434,970 $9,424,970 $9,434,970 State General Funds $9,434,970 $9,434,970 $9,424,970 $9,434,970 TOTAL PUBLIC FUNDS $9,434,970 $9,434,970 $9,424,970 $9,434,970 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 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 1730 JOURNAL OF THE SENATE 126.1 Reduce funds and replace with other funds for operations. State General Funds ($175,000) ($175,000) $0 $0 126.100-Payments to Georgia Medical Center Authority Appropriation (HB 741) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $0 $0 $175,000 $175,000 State General Funds $0 $0 $175,000 $175,000 TOTAL PUBLIC FUNDS $0 $0 $175,000 $175,000 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 $0 $0 $0 $0 999.1 Transfer funds from the Department of Economic Development for tourism promotion related to the sesquicentennial. State General Funds $10,000 $0 999.2 Increase funds for tourism promotion related to the sesquicentennial. State General Funds $10,000 $10,000 999.100-Civil War Commission Appropriation (HB 741) 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 $20,000 $10,000 State General Funds $20,000 $10,000 TOTAL PUBLIC FUNDS $20,000 $10,000 MONDAY, MARCH 12, 2012 1731 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Revenue Shortfall Reserve for K-12 Needs TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,969,195,136 $6,969,195,136 $6,969,195,136 $6,969,195,136 $6,969,195,136 $6,969,195,136 $1,181,149,614 $1,181,149,614 $1,181,149,614 $1,181,149,614 $1,181,149,614 $1,181,149,614 $4,620,465 $4,620,465 $4,620,465 $1,924,130 $1,924,130 $1,924,130 $1,924,130 $1,924,130 $1,924,130 $745,406 $745,406 $745,406 $745,406 $745,406 $745,406 $828,560 $828,560 $828,560 $828,560 $828,560 $828,560 $1,122,369 $1,122,369 $1,122,369 $1,122,369 $1,122,369 $1,122,369 $8,154,965,215 $8,154,965,215 $8,154,965,215 $6,969,195,136 $6,969,195,136 $1,181,149,614 $1,181,149,614 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,154,965,215 Section Total - Final $7,060,812,381 $7,074,493,258 $6,895,225,906 $6,908,906,783 $165,586,475 $165,586,475 $1,181,149,614 $1,731,400,525 $1,181,149,614 $1,731,400,525 $4,620,465 $4,620,465 $1,924,130 $1,924,130 $1,924,130 $1,924,130 $745,406 $745,406 $745,406 $745,406 $828,560 $828,560 $828,560 $828,560 $1,122,369 $1,122,369 $1,122,369 $1,122,369 $8,246,582,460 $8,810,514,248 $7,070,206,054 $6,904,619,579 $165,586,475 $1,731,400,525 $1,731,400,525 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,806,227,044 $7,075,837,688 $6,910,251,213 $165,586,475 $1,731,400,525 $1,731,400,525 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,811,858,678 1732 JOURNAL OF THE SENATE 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 PUBLIC FUNDS $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 127.1 Reduce funds for operations for Extended Day/Year. State General Funds ($44,522) $0 $0 $0 127.2 Reduce funds for operations for Area Teacher Program. State General Funds ($21,794) $0 $0 $0 127.3 Reduce funds for operations for Young Farmers. State General Funds ($39,076) $0 $0 $0 127.4 Reduce funds for operations for Youth Camps. State General Funds ($49,164) $0 $0 $0 127.5 Reduce funds for operations. State General Funds ($77,278) ($77,278) ($77,278) 127.100 -Agricultural Education Appropriation (HB 741) 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 $7,573,231 $7,650,509 $7,650,509 $7,650,509 State General Funds $7,573,231 $7,650,509 $7,650,509 $7,650,509 TOTAL FEDERAL FUNDS $124,318 $124,318 $124,318 $124,318 Federal Funds Not Itemized $124,318 $124,318 $124,318 $124,318 TOTAL PUBLIC FUNDS $7,697,549 $7,774,827 $7,774,827 $7,774,827 MONDAY, MARCH 12, 2012 1733 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 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 TOTAL PUBLIC FUNDS $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 128.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $408,548 $408,548 $408,548 $408,548 128.2 Increase funds to reflect an adjustment in telecommunications expenses. Revenue Shortfall Reserve for K-12 Needs $24,096 $24,096 $24,096 $24,096 128.3 Reduce funds for operations. State General Funds ($33,176) ($33,176) ($33,176) ($33,176) 128.100 -Central Office Appropriation (HB 741) 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 $29,451,689 $29,451,689 $29,451,689 $29,451,689 State General Funds $29,019,045 $29,019,045 $29,019,045 $29,019,045 Revenue Shortfall Reserve for K-12 Needs $432,644 $432,644 $432,644 $432,644 TOTAL FEDERAL FUNDS $60,985,311 $60,985,311 $60,985,311 $60,985,311 Federal Funds Not Itemized $60,985,311 $60,985,311 $60,985,311 $60,985,311 1734 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,616,129 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,616,129 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,616,129 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,616,129 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 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 129.1 Reduce funds for planning grants. State General Funds ($34,973) ($34,973) ($34,973) ($34,973) 129.2 Reduce funds for facilities grants. State General Funds ($119,781) ($119,781) ($119,781) ($119,781) 129.100 -Charter Schools Appropriation (HB 741) 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 $1,993,546 $1,993,546 $1,993,546 $1,993,546 State General Funds $1,993,546 $1,993,546 $1,993,546 $1,993,546 TOTAL FEDERAL FUNDS $5,556,475 $5,556,475 $5,556,475 $5,556,475 Federal Funds Not Itemized $5,556,475 $5,556,475 $5,556,475 $5,556,475 TOTAL PUBLIC FUNDS $7,550,021 $7,550,021 $7,550,021 $7,550,021 MONDAY, MARCH 12, 2012 1735 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 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 130.1 Reduce funds for grants to local affiliates. State General Funds ($18,662) ($18,662) ($18,662) ($18,662) 130.100 -Communities in Schools Appropriation (HB 741) 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 $914,438 $914,438 $914,438 $914,438 State General Funds $914,438 $914,438 $914,438 $914,438 TOTAL PUBLIC FUNDS $914,438 $914,438 $914,438 $914,438 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 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 131.1 Reduce funds for operations. State General Funds ($20,056) ($20,056) ($20,056) ($20,056) 131.100-Curriculum Development Appropriation (HB 741) 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 $982,744 $982,744 $982,744 $982,744 1736 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $982,744 $982,744 $982,744 $982,744 $982,744 $982,744 $982,744 $982,744 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 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 132.100-Federal Programs Appropriation (HB 741) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 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 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 133.100-Georgia Learning Resources System Appropriation (HB 741) 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 $12,565,793 $12,565,793 $12,565,793 $12,565,793 MONDAY, MARCH 12, 2012 1737 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 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 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 134.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $4,409 $4,409 $4,409 $4,409 134.2 Reduce funds for operations. State General Funds ($95,856) ($95,856) ($95,856) ($95,856) 134.100 -Georgia Virtual School Appropriation (HB 741) 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 $4,701,373 $4,701,373 $4,701,373 $4,701,373 State General Funds $4,696,964 $4,696,964 $4,696,964 $4,696,964 Revenue Shortfall Reserve for K-12 Needs $4,409 $4,409 $4,409 $4,409 TOTAL AGENCY FUNDS $1,018,214 $1,018,214 $1,018,214 $1,018,214 Sales and Services $1,018,214 $1,018,214 $1,018,214 $1,018,214 Sales and Services Not Itemized $1,018,214 $1,018,214 $1,018,214 $1,018,214 TOTAL PUBLIC FUNDS $5,719,587 $5,719,587 $5,719,587 $5,719,587 1738 JOURNAL OF THE SENATE 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 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 135.1 Reduce funds for contracts. State General Funds ($2,880) ($2,880) ($2,880) ($2,880) 135.100 -Georgia Youth Science and Technology Appropriation (HB 741) 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 $141,120 $141,120 $141,120 $141,120 State General Funds $141,120 $141,120 $141,120 $141,120 TOTAL PUBLIC FUNDS $141,120 $141,120 $141,120 $141,120 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 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 136.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $3,087 $3,087 $3,087 $3,087 136.2 Reduce funds for operations. State General Funds ($19,258) ($19,258) ($19,258) ($19,258) MONDAY, MARCH 12, 2012 1739 136.100 -Governor's Honors Program Appropriation (HB 741) 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 $946,737 $946,737 $946,737 $946,737 State General Funds $943,650 $943,650 $943,650 $943,650 Revenue Shortfall Reserve for K-12 Needs $3,087 $3,087 $3,087 $3,087 TOTAL PUBLIC FUNDS $946,737 $946,737 $946,737 $946,737 Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 137.1 Reduce funds for internet access due to reduced subscription and usage. State General Funds ($66,436) ($66,436) $0 $0 137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $3,255,367 $3,255,367 State General Funds $3,255,367 $3,255,367 TOTAL PUBLIC FUNDS $3,255,367 $3,255,367 Appropriation (HB 741) $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 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 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 1740 JOURNAL OF THE SENATE 138.1 Reduce funds for Residential Treatment Centers. State General Funds ($76,628) $0 $0 $0 138.2 Reduce funds for Sparsity Grants. State General Funds ($53,700) ($53,700) ($53,700) ($53,700) 138.3 Reduce funds for Georgia Special Needs Scholarships. State General Funds ($207,020) ($207,020) $0 $0 138.4 Transfer funds to the Quality Basic Education program for Georgia Special Needs Scholarships.(S and CC:Adjust based on actual enrollment) State General Funds ($10,144,033) ($10,144,033) ($10,939,310) ($10,918,066) 138.5 Increase funds for a midterm adjustment for enrollment growth for Georgia Special Needs Scholarships. State General Funds $588,257 $567,013 138.99 Amendment: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. Senate: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. House: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. Governor: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. State General Funds $0 $0 $0 $0 138.100-Non Quality Basic Education Formula Grants Appropriation (HB 741) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $6,386,040 $6,462,668 $6,462,668 $6,462,668 State General Funds $6,386,040 $6,462,668 $6,462,668 $6,462,668 TOTAL PUBLIC FUNDS $6,386,040 $6,462,668 $6,462,668 $6,462,668 MONDAY, MARCH 12, 2012 1741 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 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 139.1 Reduce funds for the school lunch program. State General Funds ($775,965) ($775,965) ($775,965) ($775,965) 139.2 Increase funds to reflect projected receipts. Federal Funds Not Itemized $550,250,911 $550,250,911 $550,250,911 139.100 -Nutrition Appropriation (HB 741) 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 $22,343,223 $22,343,223 $22,343,223 $22,343,223 State General Funds $22,343,223 $22,343,223 $22,343,223 $22,343,223 TOTAL FEDERAL FUNDS $24,637,301 $574,888,212 $574,888,212 $574,888,212 Federal Funds Not Itemized $24,637,301 $574,888,212 $574,888,212 $574,888,212 TOTAL PUBLIC FUNDS $46,980,524 $597,231,435 $597,231,435 $597,231,435 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 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 1742 JOURNAL OF THE SENATE 140.100 -Preschool Handicapped Appropriation (HB 741) 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 $27,891,099 $27,891,099 $27,891,099 $27,891,099 State General Funds $27,891,099 $27,891,099 $27,891,099 $27,891,099 TOTAL PUBLIC FUNDS $27,891,099 $27,891,099 $27,891,099 $27,891,099 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 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 141.1 Reduce funds. State General Funds ($2,606,214) ($2,606,214) ($2,606,214) ($2,606,214) 141.100 -Pupil Transportation Appropriation (HB 741) 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 $127,704,479 $127,704,479 $127,704,479 $127,704,479 State General Funds $127,704,479 $127,704,479 $127,704,479 $127,704,479 TOTAL PUBLIC FUNDS $127,704,479 $127,704,479 $127,704,479 $127,704,479 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 MONDAY, MARCH 12, 2012 1743 142.1 Increase funds for one-time funding for school systems with decreased Equalization earnings in FY13 due to new formula calculations per HB824 (2012 Session). (S:Implement a two-year phase-in of new formula calculations per HB824 (2012 Session) instead of providing partial funding of hold harmless for school systems with decreased Equalization earnings)(CC:Reflect funds in line 142.101) Revenue Shortfall Reserve for K-12 Needs $7,000,000 $0 $0 142.100 -Quality Basic Education Equalization Appropriation (HB 741) 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 $443,158,587 $436,158,587 $436,158,587 State General Funds $436,158,587 $436,158,587 $436,158,587 $436,158,587 Revenue Shortfall Reserve for K-12 Needs $7,000,000 $0 TOTAL PUBLIC FUNDS $436,158,587 $443,158,587 $436,158,587 $436,158,587 142.101 Special Project - Quality Basic Education Equalization: The purpose of this appropriation is to increase funds for one-time funding for school systems with decreased Equalization earnings in FY13 due to new formula calculations per HB824 (2012 Session). Revenue Shortfall Reserve for K-12 Needs $5,000,000 ______________________________________________________________________________________________________ Impact of Change Record: This is a special project. For details see 142.101 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) 143.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 741) 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) 1744 JOURNAL OF THE SENATE 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) 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 PUBLIC FUNDS $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 144.1 Increase funds for a midterm adjustment for enrollment growth. (H and S:Adjust based on actuals)(CC:Reflect growth funds for Georgia Special Needs Scholarships in line 144.3) Revenue Shortfall Reserve for K-12 Needs $87,924,513 $85,913,816 $85,913,816 $85,346,803 144.2 Increase funds for a grant to the State Special Charter Schools. (H and CC:Adjust based on projected expenditures) Revenue Shortfall Reserve for K-12 Needs $8,647,953 $7,618,717 $8,647,953 $7,618,717 144.3 Transfer funds from the Non-Quality Basic Education Grants program for Georgia Special Needs Scholarships. (S and CC:Adjust based on actual enrollment) State General Funds $10,144,033 $10,144,033 $10,939,310 $10,918,066 144.4 Replace funds. State General Funds Revenue Shortfall Reserve for K-12 Needs Total Public Funds: ($68,145,242) $68,145,242 $0 ($54,871,222) $54,871,222 $0 ($59,983,159) $59,983,159 $0 ($54,367,261) $54,367,261 $0 144.5 Increase funds for certified math and science teachers per HB280 (2010 Session) not currently funded due to error. (S:Increase funds for FY2011 earnings for certified math and science teachers per HB280 (2010 Session) not funded due to error, and fund such earnings for FY2012 in the FY2013 General Budget, in accordance with the rest of training and experience)(CC:Increase funds for certified math and science teachers per HB280 (2010 Session) not currently funded due to error) MONDAY, MARCH 12, 2012 1745 Revenue Shortfall Reserve for K-12 Needs 144.6 Increase funds for Charter System Grants. Revenue Shortfall Reserve for K-12 Needs 144.7 Increase funds for virtual State Special Charter Schools. Revenue Shortfall Reserve for K-12 Needs $6,453,320 $3,512,147 $7,024,294 $2,860,633 $2,860,633 $2,860,633 $3,800,000 $2,500,000 144.100-Quality Basic Education Program Appropriation (HB 741) 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 $7,923,371,682 $7,929,645,702 $7,932,329,042 $7,932,923,696 State General Funds $7,758,653,974 $7,771,927,994 $7,767,611,334 $7,773,205,988 Revenue Shortfall Reserve for K-12 Needs $164,717,708 $157,717,708 $164,717,708 $159,717,708 TOTAL PUBLIC FUNDS $7,923,371,682 $7,929,645,702 $7,932,329,042 $7,932,923,696 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 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 145.1 Reduce funds for Education Technology Centers. State General Funds ($60,487) ($60,487) ($60,487) ($60,487) 145.2 Reduce funds for Regional Education Service Agencies (RESA) core services. State General Funds ($110,939) $0 ($36,980) $0 1746 JOURNAL OF THE SENATE 145.100 -Regional Education Service Agencies Appropriation (HB 741) 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 $8,399,873 $8,510,812 $8,473,832 $8,510,812 State General Funds $8,399,873 $8,510,812 $8,473,832 $8,510,812 TOTAL PUBLIC FUNDS $8,399,873 $8,510,812 $8,473,832 $8,510,812 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 PUBLIC FUNDS $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 146.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $72,714 $72,714 $72,714 $72,714 146.2 Reduce funds for personnel to reflect savings from holding three positions vacant for half a year. State General Funds ($125,000) ($125,000) ($125,000) ($125,000) 146.3 Reduce funds for operations. State General Funds ($100,734) ($100,734) ($100,734) ($100,734) 146.100 -School Improvement Appropriation (HB 741) 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 $5,008,661 $5,008,661 $5,008,661 $5,008,661 State General Funds $4,935,947 $4,935,947 $4,935,947 $4,935,947 MONDAY, MARCH 12, 2012 1747 Revenue Shortfall Reserve for K-12 Needs TOTAL PUBLIC FUNDS $72,714 $5,008,661 $72,714 $5,008,661 $72,714 $5,008,661 $72,714 $5,008,661 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 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 147.1 Reduce funds for operations. State General Funds ($527,990) ($527,990) ($527,990) ($527,990) 147.100 -School Nurses Appropriation (HB 741) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $25,871,530 $25,871,530 $25,871,530 $25,871,530 State General Funds $25,871,530 $25,871,530 $25,871,530 $25,871,530 TOTAL PUBLIC FUNDS $25,871,530 $25,871,530 $25,871,530 $25,871,530 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 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 148.100-Severely Emotionally Disturbed Appropriation (HB 741) 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. 1748 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 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 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 149.99 Amendment: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. Senate: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. House: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. Governor: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. State General Funds $0 $0 $0 $0 149.100-State Interagency Transfers Appropriation (HB 741) The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. TOTAL STATE FUNDS $8,497,963 $8,497,963 $8,497,963 $8,497,963 State General Funds $8,497,963 $8,497,963 $8,497,963 $8,497,963 MONDAY, MARCH 12, 2012 1749 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $16,458,804 $16,458,804 $24,956,767 $16,458,804 $16,458,804 $24,956,767 $16,458,804 $16,458,804 $24,956,767 $16,458,804 $16,458,804 $24,956,767 State Schools Continuation Budget The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 150.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Revenue Shortfall Reserve for K-12 Needs $355,913 $355,913 $355,913 $355,913 150.100 -State Schools Appropriation (HB 741) The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $23,735,032 $23,735,032 $23,735,032 $23,735,032 State General Funds $23,379,119 $23,379,119 $23,379,119 $23,379,119 Revenue Shortfall Reserve for K-12 Needs $355,913 $355,913 $355,913 $355,913 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 1750 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 $25,158,154 $828,560 $104,155 $104,155 $25,158,154 $828,560 $104,155 $104,155 $25,158,154 $828,560 $104,155 $104,155 $25,158,154 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 PUBLIC FUNDS $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 151.1 Reduce funds for the Extended Day/Year Program. (H and S:Reduce funds for operations) State General Funds ($342,207) ($200,195) ($200,195) ($200,195) 151.100-Technology/Career Education Appropriation (HB 741) 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 $13,858,957 $14,000,969 $14,000,969 $14,000,969 State General Funds $13,858,957 $14,000,969 $14,000,969 $14,000,969 TOTAL FEDERAL FUNDS $16,012,923 $16,012,923 $16,012,923 $16,012,923 Federal Funds Not Itemized $16,012,923 $16,012,923 $16,012,923 $16,012,923 TOTAL PUBLIC FUNDS $29,871,880 $30,013,892 $30,013,892 $30,013,892 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 $13,573,504 $13,573,504 $13,573,504 $13,573,504 $13,573,504 $13,573,504 $13,573,504 $13,573,504 MONDAY, MARCH 12, 2012 1751 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS 152.1 Reduce funds. State General Funds $16,681,802 $16,681,802 $30,255,306 $16,681,802 $16,681,802 $30,255,306 $16,681,802 $16,681,802 $30,255,306 $16,681,802 $16,681,802 $30,255,306 ($271,470) ($271,470) ($271,470) ($271,470) 152.100 -Testing Appropriation (HB 741) 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 $13,302,034 $13,302,034 $13,302,034 $13,302,034 State General Funds $13,302,034 $13,302,034 $13,302,034 $13,302,034 TOTAL FEDERAL FUNDS $16,681,802 $16,681,802 $16,681,802 $16,681,802 Federal Funds Not Itemized $16,681,802 $16,681,802 $16,681,802 $16,681,802 TOTAL PUBLIC FUNDS $29,983,836 $29,983,836 $29,983,836 $29,983,836 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 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 153.100 -Tuition for Multi-Handicapped Appropriation (HB 741) 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 $1,551,946 $1,551,946 $1,551,946 $1,551,946 State General Funds $1,551,946 $1,551,946 $1,551,946 $1,551,946 TOTAL PUBLIC FUNDS $1,551,946 $1,551,946 $1,551,946 $1,551,946 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. 1752 JOURNAL OF THE SENATE Section 24: Employees' Retirement System of Georgia 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 Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $17,165,784 $17,165,784 $17,165,784 $17,165,784 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $37,401,960 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 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 Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $17,165,784 $17,165,784 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 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 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 MONDAY, MARCH 12, 2012 1753 154.100 -Deferred Compensation Appropriation (HB 741) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 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 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 155.100-Georgia Military Pension Fund Appropriation (HB 741) 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 $1,281,784 State General Funds $1,281,784 $1,281,784 $1,281,784 $1,281,784 TOTAL PUBLIC FUNDS $1,281,784 $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 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 1754 JOURNAL OF THE SENATE 156.100 -Public School Employees Retirement System Appropriation (HB 741) 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 $15,884,000 $15,884,000 $15,884,000 $15,884,000 State General Funds $15,884,000 $15,884,000 $15,884,000 $15,884,000 TOTAL PUBLIC FUNDS $15,884,000 $15,884,000 $15,884,000 $15,884,000 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 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 $16,889,336 157.100-System Administration Appropriation (HB 741) 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 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 11.63% for New Plan employees and 6.88% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 7.42% 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 $391.42 per member for State Fiscal Year 2012. MONDAY, MARCH 12, 2012 1755 Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Continuation $28,365,917 $28,365,917 $28,365,917 $28,365,917 $28,365,917 $28,365,917 $5,754,274 $5,754,274 $5,754,274 $5,754,274 $5,754,274 $5,754,274 $6,798,795 $6,798,795 $6,798,795 $125,000 $125,000 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $33,000 $33,000 $33,000 $33,000 $6,640,795 $6,640,795 $6,640,795 $6,640,795 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $40,968,986 $40,968,986 $40,968,986 Section Total - Final $28,714,926 $28,714,926 $28,714,926 $28,714,926 $5,754,274 $5,754,274 $5,754,274 $5,754,274 $6,798,795 $6,798,795 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $33,000 $33,000 $6,640,795 $6,640,795 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $28,714,926 $28,714,926 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $28,365,917 $28,365,917 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $40,968,986 $28,714,926 $28,714,926 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 1756 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $41,317,995 $41,317,995 $41,317,995 $41,317,995 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 158.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $40,424 $40,424 $40,424 $40,424 158.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,483) ($1,483) ($1,483) ($1,483) 158.100 -Commission Administration Appropriation (HB 741) 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 $3,312,080 $3,312,080 $3,312,080 $3,312,080 State General Funds $3,312,080 $3,312,080 $3,312,080 $3,312,080 TOTAL FEDERAL FUNDS $42,400 $42,400 $42,400 $42,400 Federal Funds Not Itemized $42,400 $42,400 $42,400 $42,400 TOTAL AGENCY FUNDS $66,288 $66,288 $66,288 $66,288 Sales and Services $66,288 $66,288 $66,288 $66,288 Sales and Services Not Itemized $66,288 $66,288 $66,288 $66,288 TOTAL PUBLIC FUNDS $3,420,768 $3,420,768 $3,420,768 $3,420,768 MONDAY, MARCH 12, 2012 1757 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,484,030 $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,484,030 $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,484,030 $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,484,030 159.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $33,477 $33,477 $33,477 $33,477 159.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($348) ($348) ($348) ($348) 159.3 Reduce funds for personnel by eliminating one vacant position. (H and S:Reduce funds and maintain position count) State General Funds ($63,439) ($63,439) ($63,439) ($63,439) 1758 JOURNAL OF THE SENATE 159.100 -Forest Management Appropriation (HB 741) 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 $2,069,412 $2,069,412 $2,069,412 $2,069,412 State General Funds $2,069,412 $2,069,412 $2,069,412 $2,069,412 TOTAL FEDERAL FUNDS $3,331,476 $3,331,476 $3,331,476 $3,331,476 Federal Funds Not Itemized $3,331,476 $3,331,476 $3,331,476 $3,331,476 TOTAL AGENCY FUNDS $1,002,832 $1,002,832 $1,002,832 $1,002,832 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 $877,832 $877,832 $877,832 $877,832 Sales and Services Not Itemized $877,832 $877,832 $877,832 $877,832 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $50,000 $50,000 $50,000 $50,000 State Funds Transfers $50,000 $50,000 $50,000 $50,000 Agency to Agency Contracts $50,000 $50,000 $50,000 $50,000 TOTAL PUBLIC FUNDS $6,453,720 $6,453,720 $6,453,720 $6,453,720 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 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $22,993,056 $22,993,056 $2,246,681 $2,246,681 MONDAY, MARCH 12, 2012 1759 TOTAL AGENCY FUNDS Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 160.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $343,657 $343,657 $343,657 $343,657 160.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,279) ($3,279) ($3,279) ($3,279) 160.100 -Forest Protection Appropriation (HB 741) 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 $23,333,434 $23,333,434 $23,333,434 $23,333,434 State General Funds $23,333,434 $23,333,434 $23,333,434 $23,333,434 TOTAL FEDERAL FUNDS $2,246,681 $2,246,681 $2,246,681 $2,246,681 Federal Funds Not Itemized $2,246,681 $2,246,681 $2,246,681 $2,246,681 TOTAL AGENCY FUNDS $4,656,312 $4,656,312 $4,656,312 $4,656,312 Royalties and Rents $33,000 $33,000 $33,000 $33,000 Royalties and Rents Not Itemized $33,000 $33,000 $33,000 $33,000 Sales and Services $4,623,312 $4,623,312 $4,623,312 $4,623,312 Sales and Services Not Itemized $4,623,312 $4,623,312 $4,623,312 $4,623,312 TOTAL PUBLIC FUNDS $30,236,427 $30,236,427 $30,236,427 $30,236,427 1760 JOURNAL OF THE SENATE 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 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 161.100 -Tree Seedling Nursery Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Section Total - Continuation $53,016,258 $53,016,258 $53,016,258 $53,016,258 $53,016,258 $53,016,258 $44,024,117 $44,024,117 $44,024,117 $40,209,767 $40,209,767 $40,209,767 $3,814,350 $3,814,350 $3,814,350 $4,575,809 $4,575,809 $4,575,809 $3,000,000 $3,000,000 $3,000,000 $53,016,258 $53,016,258 $44,024,117 $40,209,767 $3,814,350 $4,575,809 $3,000,000 MONDAY, MARCH 12, 2012 1761 Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $101,763,509 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $101,763,509 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $101,763,509 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $101,763,509 Section Total - Final $55,597,086 $55,597,086 $55,597,086 $55,597,086 $112,189,184 $112,189,184 $108,374,834 $108,374,834 $3,814,350 $3,814,350 $4,575,809 $4,575,809 $3,000,000 $3,000,000 $3,000,000 $3,000,000 $100,000 $100,000 $100,000 $100,000 $747,064 $747,064 $747,064 $747,064 $561,056 $561,056 $561,056 $561,056 $167,689 $167,689 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $55,492,353 $55,492,353 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $55,482,353 $55,482,353 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 1762 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $147,325 $147,325 $147,325 $147,325 $172,509,404 $172,509,404 $172,404,671 $172,394,671 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 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 162.1 Increase funds for state matching funds to FEMA grant for March tornadoes. State General Funds $2,859,165 $2,859,165 $2,859,165 $2,859,165 162.100-Governor's Emergency Fund Appropriation (HB 741) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $24,561,096 $24,561,096 $24,561,096 $24,561,096 State General Funds $24,561,096 $24,561,096 $24,561,096 $24,561,096 TOTAL PUBLIC FUNDS $24,561,096 $24,561,096 $24,561,096 $24,561,096 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 MONDAY, MARCH 12, 2012 1763 163.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $78,631 $78,631 $78,631 $78,631 163.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $39,924 $39,924 $39,924 $39,924 163.3 Reduce funds for operations. State General Funds ($118,281) ($118,281) ($118,281) ($118,281) 163.100 -Governor's Office Appropriation (HB 741) 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 $5,914,339 $5,914,339 $5,914,339 $5,914,339 State General Funds $5,914,339 $5,914,339 $5,914,339 $5,914,339 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 $6,014,339 $6,014,339 $6,014,339 $6,014,339 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 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 164.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $83,128 $83,128 $83,128 $83,128 1764 JOURNAL OF THE SENATE 164.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($121,722) 164.3 Reduce funds for operations. State General Funds ($157,755) ($121,722) ($157,755) ($121,722) ($157,755) ($121,722) ($157,755) 164.100 -Planning and Budget, Governor's Office of Appropriation (HB 741) 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 $7,692,428 $7,692,428 $7,692,428 $7,692,428 State General Funds $7,692,428 $7,692,428 $7,692,428 $7,692,428 TOTAL PUBLIC FUNDS $7,692,428 $7,692,428 $7,692,428 $7,692,428 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 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 165.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $10,937 $10,937 $10,937 $10,937 165.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,469 $1,469 $1,469 $1,469 MONDAY, MARCH 12, 2012 1765 165.3 Reduce funds for operations based on projected expenditures. State General Funds 165.4 Reduce funds and replace with federal funds. State General Funds ($10,508) ($6,150) ($10,508) ($6,150) ($10,508) ($6,150) ($10,508) ($6,150) 165.100 -Child Advocate, Office of the Appropriation (HB 741) 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 $828,640 $828,640 $828,640 $828,640 State General Funds $828,640 $828,640 $828,640 $828,640 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 $918,223 $918,223 $918,223 $918,223 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 1766 JOURNAL OF THE SENATE 166.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $13,658 $13,658 $13,658 $13,658 166.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($825) ($825) ($825) ($825) 166.3 Reduce funds for implementing new Community Strategy grants. State General Funds ($59,224) ($59,224) ($59,224) ($59,224) 166.100 -Children and Families, Governor's Office for Appropriation (HB 741) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $1,043,608 $1,043,608 $1,043,608 $1,043,608 State General Funds $1,043,608 $1,043,608 $1,043,608 $1,043,608 TOTAL FEDERAL FUNDS $8,215,596 $8,215,596 $8,215,596 $8,215,596 Federal Funds Not Itemized $4,401,246 $4,401,246 $4,401,246 $4,401,246 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 $3,814,350 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances $2,500,000 $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances Not Itemized $2,500,000 $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $11,759,204 $11,759,204 $11,759,204 $11,759,204 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, 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized $2,013,369 $2,013,369 $29,703,182 $29,703,182 $2,013,369 $2,013,369 $29,703,182 $29,703,182 $2,013,369 $2,013,369 $29,703,182 $29,703,182 $2,013,369 $2,013,369 $29,703,182 $29,703,182 MONDAY, MARCH 12, 2012 1767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 167.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,251 $26,251 $26,251 $26,251 167.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $36,496 $36,496 $36,496 $36,496 167.3 Reduce funds for the Civil Air Patrol contract. State General Funds ($40,267) ($40,267) ($10,000) ($20,000) 167.100 -Emergency Management Agency, Georgia Appropriation (HB 741) 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 STATE FUNDS $2,035,849 $2,035,849 $2,066,116 $2,056,116 State General Funds $2,035,849 $2,035,849 $2,066,116 $2,056,116 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 1768 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $160,531 $147,325 $147,325 $147,325 $32,546,887 $160,531 $147,325 $147,325 $147,325 $32,546,887 $160,531 $147,325 $147,325 $147,325 $32,577,154 $160,531 $147,325 $147,325 $147,325 $32,567,154 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 $473,351 $473,351 $407,000 $407,000 $880,351 $473,351 $473,351 $407,000 $407,000 $880,351 $473,351 $473,351 $407,000 $407,000 $880,351 $473,351 $473,351 $407,000 $407,000 $880,351 168.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $9,032 $9,032 $9,032 $9,032 168.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,792) ($11,792) ($11,792) ($11,792) 168.3 Increase funds for operations. State General Funds $150,649 $150,649 $150,649 $150,649 168.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 741) 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 $621,240 $621,240 $621,240 $621,240 State General Funds $621,240 $621,240 $621,240 $621,240 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $1,028,240 $1,028,240 $1,028,240 $1,028,240 MONDAY, MARCH 12, 2012 1769 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 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 169.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $91,903 $91,903 $91,903 $91,903 169.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,536) ($1,536) ($1,536) ($1,536) 169.3 Reduce funds for personnel. State General Funds ($70,996) ($70,996) ($70,996) ($70,996) 169.4 Reduce funds for contracts. State General Funds ($45,784) ($45,784) ($45,784) ($45,784) 169.100 -Professional Standards Commission, Georgia Appropriation (HB 741) 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 $5,812,607 $5,812,607 $5,812,607 $5,812,607 State General Funds $5,812,607 $5,812,607 $5,812,607 $5,812,607 TOTAL FEDERAL FUNDS $411,930 $411,930 $411,930 $411,930 1770 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $411,930 $500 $500 $500 $6,225,037 $411,930 $500 $500 $500 $6,225,037 $411,930 $500 $500 $500 $6,225,037 $411,930 $500 $500 $500 $6,225,037 Consumer Protection, 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 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 $167,689 $167,689 $7,193,706 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 $167,689 $167,689 $7,193,706 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 $167,689 $167,689 $7,193,706 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 $167,689 $167,689 $7,193,706 170.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $65,608 $65,608 $65,608 $65,608 170.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($54,395) ($54,395) ($54,395) ($54,395) 170.3 Reduce funds for operations. State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 170.4 Reduce funds for contracts. State General Funds ($67,579) ($67,579) ($67,579) ($67,579) MONDAY, MARCH 12, 2012 1771 170.5 Reduce funds and replace with agency reserve funds. State General Funds 170.6 Reduce funds for Customer Service. State General Funds ($58,437) ($58,437) ($58,437) ($58,437) ($135,000) ($135,000) 170.100 -Consumer Protection, Governor's Office of Appropriation (HB 741) 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 $5,714,150 $5,714,150 $5,579,150 $5,579,150 State General Funds $5,714,150 $5,714,150 $5,579,150 $5,579,150 TOTAL AGENCY FUNDS $1,314,753 $1,314,753 $1,314,753 $1,314,753 Rebates, Refunds, and Reimbursements $747,064 $747,064 $747,064 $747,064 Rebates, Refunds, and Reimbursements Not Itemized $747,064 $747,064 $747,064 $747,064 Sales and Services $400,000 $400,000 $400,000 $400,000 Sales and Services Not Itemized $400,000 $400,000 $400,000 $400,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $7,028,903 $7,028,903 $6,893,903 $6,893,903 Governor's Office of Workforce Development Continuation Budget The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $5,196,851 $5,196,851 $5,196,851 $0 $0 $5,196,851 $5,196,851 $5,196,851 $0 $0 $5,196,851 $5,196,851 $5,196,851 $0 $0 $5,196,851 $5,196,851 $5,196,851 171.1 Transfer funds from the Georgia Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act. Federal Funds Not Itemized $68,165,067 $68,165,067 $68,165,067 $68,165,067 1772 JOURNAL OF THE SENATE 171.100-Governor's Office of Workforce Development Appropriation (HB 741) The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 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 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 172.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $7,959 $7,959 $7,959 $7,959 172.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,816 $1,816 $1,816 $1,816 172.100 -Office of the State Inspector General Appropriation (HB 741) 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 $565,487 $565,487 $565,487 $565,487 State General Funds $565,487 $565,487 $565,487 $565,487 TOTAL PUBLIC FUNDS $565,487 $565,487 $565,487 $565,487 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. MONDAY, MARCH 12, 2012 1773 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 173.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $15,714 $15,714 $15,714 $15,714 173.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $303 $303 $303 $303 173.3 Reduce funds for personnel. State General Funds ($16,564) ($16,564) ($16,564) ($16,564) 173.4 Reduce funds for real estate rentals. State General Funds ($20,000) ($20,000) ($20,000) ($20,000) 173.100 -Student Achievement, Office of Appropriation (HB 741) 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 $807,642 $807,642 $807,642 $807,642 State General Funds $807,642 $807,642 $807,642 $807,642 TOTAL PUBLIC FUNDS $807,642 $807,642 $807,642 $807,642 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 Protection for all the purposes for which such moneys may be appropriated pursuant to Article 28. The Mansion allowance shall be $40,000. 1774 JOURNAL OF THE SENATE Section 27: Human Services, Department of Section Total - Continuation TOTAL STATE FUNDS $493,851,322 $493,851,322 $493,851,322 $493,851,322 State General Funds $487,659,516 $487,659,516 $487,659,516 $487,659,516 Tobacco Settlement Funds $6,191,806 $6,191,806 $6,191,806 $6,191,806 TOTAL FEDERAL FUNDS $1,066,721,402 $1,066,721,402 $1,066,721,402 $1,066,721,402 Federal Funds Not Itemized $248,633,721 $248,633,721 $248,633,721 $248,633,721 CCDF Mandatory & Matching Funds CFDA93.596 $93,207,077 $93,207,077 $93,207,077 $93,207,077 Child Care & Development Block Grant CFDA93.575 $100,117,851 $100,117,851 $100,117,851 $100,117,851 Community Services Block Grant CFDA93.569 $17,282,159 $17,282,159 $17,282,159 $17,282,159 Foster Care Title IV-E CFDA93.658 $75,551,657 $75,551,657 $75,551,657 $75,551,657 Low-Income Home Energy Assistance CFDA93.568 $24,827,737 $24,827,737 $24,827,737 $24,827,737 Medical Assistance Program CFDA93.778 $63,275,687 $63,275,687 $63,275,687 $63,275,687 Social Services Block Grant CFDA93.667 $52,945,743 $52,945,743 $52,945,743 $52,945,743 Temporary Assistance for Needy Families $372,622,231 $372,622,231 $372,622,231 $372,622,231 Temporary Assistance for Needy Families Grant CFDA93.558 $346,822,231 $346,822,231 $346,822,231 $346,822,231 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 $25,800,000 $25,800,000 $25,800,000 TANF Unobligated Balance per 42 USC 604 $18,257,539 $18,257,539 $18,257,539 $18,257,539 TOTAL AGENCY FUNDS $37,800,900 $37,800,900 $37,800,900 $37,800,900 Contributions, Donations, and Forfeitures $851,404 $851,404 $851,404 $851,404 Contributions, Donations, and Forfeitures Not Itemized $851,404 $851,404 $851,404 $851,404 Intergovernmental Transfers $10,307,520 $10,307,520 $10,307,520 $10,307,520 Intergovernmental Transfers Not Itemized $10,307,520 $10,307,520 $10,307,520 $10,307,520 Sales and Services $26,641,976 $26,641,976 $26,641,976 $26,641,976 Sales and Services Not Itemized $26,641,976 $26,641,976 $26,641,976 $26,641,976 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,659,488 $4,659,488 $4,659,488 $4,659,488 State Funds Transfers $3,047,968 $3,047,968 $3,047,968 $3,047,968 Agency to Agency Contracts $547,968 $547,968 $547,968 $547,968 Income from DECAL for Supplemental Childcare Services $2,500,000 $2,500,000 $2,500,000 $2,500,000 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 $1,603,033,112 $1,603,033,112 $1,603,033,112 $1,603,033,112 MONDAY, MARCH 12, 2012 1775 Section Total - Final TOTAL STATE FUNDS $512,165,729 $512,169,690 State General Funds $505,973,923 $505,977,884 Tobacco Settlement Funds $6,191,806 $6,191,806 TOTAL FEDERAL FUNDS $1,028,336,336 $1,028,336,336 Federal Funds Not Itemized $247,211,355 $247,211,355 CCDF Mandatory & Matching Funds CFDA93.596 $93,207,077 $93,207,077 Child Care & Development Block Grant CFDA93.575 $100,117,851 $100,117,851 Community Services Block Grant CFDA93.569 $17,282,159 $17,282,159 Foster Care Title IV-E CFDA93.658 $77,728,169 $77,728,169 Low-Income Home Energy Assistance CFDA93.568 $24,827,737 $24,827,737 Medical Assistance Program CFDA93.778 $62,851,542 $62,851,542 Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 Social Services Block Grant CFDA93.667 $52,945,743 $52,945,743 Temporary Assistance for Needy Families $342,412,633 $342,412,633 Temporary Assistance for Needy Families Grant CFDA93.558 $342,412,633 $342,412,633 TANF Unobligated Balance per 42 USC 604 $9,551,600 $9,551,600 TOTAL AGENCY FUNDS $37,800,900 $37,800,900 Contributions, Donations, and Forfeitures $851,404 $851,404 Contributions, Donations, and Forfeitures Not Itemized $851,404 $851,404 Intergovernmental Transfers $10,307,520 $10,307,520 Intergovernmental Transfers Not Itemized $10,307,520 $10,307,520 Sales and Services $26,641,976 $26,641,976 Sales and Services Not Itemized $26,641,976 $26,641,976 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,659,488 $4,659,488 State Funds Transfers $3,047,968 $3,047,968 Agency to Agency Contracts $547,968 $547,968 Income from DECAL for Supplemental Childcare Services $2,500,000 $2,500,000 Agency Funds Transfers $1,611,520 $1,611,520 Agency Fund Transfers Not Itemized $1,611,520 $1,611,520 TOTAL PUBLIC FUNDS $1,582,962,453 $1,582,966,414 $514,196,234 $508,004,428 $6,191,806 $1,028,336,336 $247,211,355 $93,207,077 $100,117,851 $17,282,159 $77,728,169 $24,827,737 $62,851,542 $200,470 $52,945,743 $342,412,633 $342,412,633 $9,551,600 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,584,992,958 $512,196,234 $506,004,428 $6,191,806 $1,028,336,336 $247,211,355 $93,207,077 $100,117,851 $17,282,159 $77,728,169 $24,827,737 $62,851,542 $200,470 $52,945,743 $342,412,633 $342,412,633 $9,551,600 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,582,992,958 1776 JOURNAL OF THE SENATE 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 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $17,000,000 $46,500 $46,500 $46,500 $89,166,503 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $17,000,000 $46,500 $46,500 $46,500 $89,166,503 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $17,000,000 $46,500 $46,500 $46,500 $89,166,503 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $17,000,000 $46,500 $46,500 $46,500 $89,166,503 174.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,544 $26,544 $26,544 $26,544 174.2 Increase funds for unallowable Title IV-E expenditures based on a federal audit. State General Funds $9,643,303 $9,643,303 $9,643,303 $9,643,303 174.3 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($600,000) ($600,000) ($600,000) ($600,000) 174.100 -Adoption Services Appropriation (HB 741) 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 $43,728,966 $43,728,966 $43,728,966 $43,728,966 State General Funds $43,728,966 $43,728,966 $43,728,966 $43,728,966 MONDAY, MARCH 12, 2012 1777 TOTAL FEDERAL FUNDS $54,460,884 Federal Funds Not Itemized $38,060,884 Temporary Assistance for Needy Families $16,400,000 Temporary Assistance for Needy Families Grant CFDA93.558 $16,400,000 TOTAL AGENCY FUNDS $46,500 Contributions, Donations, and Forfeitures $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 TOTAL PUBLIC FUNDS $98,236,350 $54,460,884 $38,060,884 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $98,236,350 $54,460,884 $38,060,884 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $98,236,350 $54,460,884 $38,060,884 $16,400,000 $16,400,000 $46,500 $46,500 $46,500 $98,236,350 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 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 175.100 -After School Care Appropriation (HB 741) 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 $15,650,000 Federal Funds Not Itemized $150,000 Temporary Assistance for Needy Families $15,500,000 Temporary Assistance for Needy Families Grant CFDA93.558 $15,500,000 TOTAL PUBLIC FUNDS $15,650,000 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 1778 JOURNAL OF THE SENATE Child Care Licensing Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 177.1 Increase funds to maximize Title IV-E. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $1,096,931 $1,096,931 $2,193,862 $1,555,448 $1,096,931 $2,652,379 $1,555,448 $1,096,931 $2,652,379 $1,555,448 $1,096,931 $2,652,379 177.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,735,345) ($2,193,862) ($2,193,862) ($2,193,862) 177.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,544 $26,544 177.100 -Child Care Licensing Appropriation (HB 741) 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 $1,096,931 $1,555,448 $1,581,992 $1,581,992 State General Funds $1,096,931 $1,555,448 $1,581,992 $1,581,992 TOTAL FEDERAL FUNDS $1,555,448 $1,096,931 $1,096,931 $1,096,931 Foster Care Title IV-E CFDA93.658 $1,096,931 $1,096,931 $1,096,931 $1,096,931 MONDAY, MARCH 12, 2012 1779 Temporary Assistance for Needy Families $458,517 Temporary Assistance for Needy Families Grant CFDA93.558 $458,517 TOTAL PUBLIC FUNDS $2,652,379 $0 $0 $2,652,379 $0 $0 $2,678,923 $0 $0 $2,678,923 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 Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Income from DECAL for Supplemental Childcare Services TOTAL PUBLIC FUNDS $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 178.100 -Child Care Services Appropriation (HB 741) 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 $54,234,300 $54,234,300 $54,234,300 $54,234,300 State General Funds $54,234,300 $54,234,300 $54,234,300 $54,234,300 TOTAL FEDERAL FUNDS $168,520,261 $168,520,261 $168,520,261 $168,520,261 Federal Funds Not Itemized $2,405,811 $2,405,811 $2,405,811 $2,405,811 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 $75,415,944 $75,415,944 $75,415,944 $75,415,944 Social Services Block Grant CFDA93.667 $90 $90 $90 $90 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $2,500,000 $2,500,000 $2,500,000 $2,500,000 State Funds Transfers $2,500,000 $2,500,000 $2,500,000 $2,500,000 Income from DECAL for Supplemental Childcare Services $2,500,000 $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $225,254,561 $225,254,561 $225,254,561 $225,254,561 1780 JOURNAL OF THE SENATE Child Support Services Continuation Budget The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 179.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $292,665 $292,665 $292,665 $292,665 179.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $176,221 $176,221 $42,463 $176,221 179.3 Replace state funds with incentive funds for operations. State General Funds Federal Funds Not Itemized Total Public Funds: ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) 179.100 -Child Support Services Appropriation (HB 741) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $24,100,060 $24,100,060 $23,966,302 $24,100,060 State General Funds $24,100,060 $24,100,060 $23,966,302 $24,100,060 TOTAL FEDERAL FUNDS $71,240,292 $71,240,292 $71,240,292 $71,240,292 MONDAY, MARCH 12, 2012 1781 Federal Funds Not Itemized Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $98,577,612 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $98,577,612 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $98,443,854 $71,120,292 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $98,577,612 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 $89,712,644 State General Funds $89,712,644 TOTAL FEDERAL FUNDS $162,749,366 Federal Funds Not Itemized $29,441,489 CCDF Mandatory & Matching Funds CFDA93.596 $189,956 Foster Care Title IV-E CFDA93.658 $32,844,033 Medical Assistance Program CFDA93.778 $327,806 Social Services Block Grant CFDA93.667 $8,264,167 Temporary Assistance for Needy Families $91,681,915 Temporary Assistance for Needy Families Grant CFDA93.558 $65,881,915 TANF Transfers to Social Services Block Grant per 42 USC 604 $25,800,000 TOTAL AGENCY FUNDS $8,500,000 Sales and Services $8,500,000 Sales and Services Not Itemized $8,500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $152,208 State Funds Transfers $152,208 Agency to Agency Contracts $152,208 TOTAL PUBLIC FUNDS $261,114,218 $89,712,644 $89,712,644 $162,749,366 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $91,681,915 $65,881,915 $25,800,000 $8,500,000 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $261,114,218 $89,712,644 $89,712,644 $162,749,366 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $91,681,915 $65,881,915 $25,800,000 $8,500,000 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $261,114,218 $89,712,644 $89,712,644 $162,749,366 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $91,681,915 $65,881,915 $25,800,000 $8,500,000 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $261,114,218 1782 JOURNAL OF THE SENATE 180.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $24,468 $24,468 $1,125,116 $1,125,116 180.2 Replace funds. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 Total Public Funds: $25,800,000 ($25,800,000) $0 $25,800,000 ($25,800,000) $0 $25,800,000 ($25,800,000) $0 $25,800,000 ($25,800,000) $0 180.3 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($13,159,020) ($13,159,020) ($13,159,020) ($13,159,020) 180.4 Reduce funds for the appropriation in line 180.101. Temporary Assistance for Needy Families Grant CFDA93.558 ($250,000) ($250,000) ($250,000) ($250,000) 180.100 -Child Welfare Services Appropriation (HB 741) 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 $89,737,112 $89,737,112 $90,837,760 $90,837,760 State General Funds $89,737,112 $89,737,112 $90,837,760 $90,837,760 TOTAL FEDERAL FUNDS $149,340,346 $149,340,346 $149,340,346 $149,340,346 Federal Funds Not Itemized $29,441,489 $29,441,489 $29,441,489 $29,441,489 CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 $189,956 $189,956 Foster Care Title IV-E CFDA93.658 $32,844,033 $32,844,033 $32,844,033 $32,844,033 Medical Assistance Program CFDA93.778 $327,806 $327,806 $327,806 $327,806 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $78,272,895 $78,272,895 $78,272,895 $78,272,895 Temporary Assistance for Needy Families Grant CFDA93.558 $78,272,895 $78,272,895 $78,272,895 $78,272,895 TOTAL AGENCY FUNDS $8,500,000 $8,500,000 $8,500,000 $8,500,000 MONDAY, MARCH 12, 2012 1783 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $247,729,666 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $247,729,666 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $248,830,314 $8,500,000 $8,500,000 $152,208 $152,208 $152,208 $248,830,314 180.101 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 $250,000 $250,000 $250,000 Community Services Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 181.100 -Community Services Appropriation (HB 741) 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 Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 Departmental Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS $34,666,911 $34,666,911 $49,544,119 $34,666,911 $34,666,911 $49,544,119 $34,666,911 $34,666,911 $49,544,119 $34,666,911 $34,666,911 $49,544,119 1784 JOURNAL OF THE SENATE Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 $15,288,067 $99,499,097 $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 $15,288,067 $99,499,097 $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 $15,288,067 $99,499,097 $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 $15,288,067 $99,499,097 182.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $584,819 $584,819 $584,819 $584,819 182.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $67,961 $67,961 $235,032 $67,961 182.3 Reduce funds for operations ($173,342), contracts ($266,434), and computer charges ($228,981). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($668,757) ($264,304) ($933,061) ($668,757) ($264,304) ($933,061) ($668,757) ($264,304) ($933,061) ($668,757) ($264,304) ($933,061) 182.4 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,197,274) ($3,197,274) ($3,197,274) ($3,197,274) MONDAY, MARCH 12, 2012 1785 182.100-Departmental Administration Appropriation (HB 741) 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 $34,650,934 $34,650,934 $34,818,005 $34,650,934 State General Funds $34,650,934 $34,650,934 $34,818,005 $34,650,934 TOTAL FEDERAL FUNDS $46,082,541 $46,082,541 $46,082,541 $46,082,541 Federal Funds Not Itemized $23,580,352 $23,580,352 $23,580,352 $23,580,352 CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 $1,118,705 $1,118,705 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $92,976 $92,976 $92,976 $92,976 Foster Care Title IV-E CFDA93.658 $5,697,821 $5,697,821 $5,697,821 $5,697,821 Low-Income Home Energy Assistance CFDA93.568 $200,000 $200,000 $200,000 $200,000 Medical Assistance Program CFDA93.778 $4,548,902 $4,548,902 $4,548,902 $4,548,902 Social Services Block Grant CFDA93.667 $2,539,375 $2,539,375 $2,539,375 $2,539,375 Temporary Assistance for Needy Families $8,095,249 $8,095,249 $8,095,249 $8,095,249 Temporary Assistance for Needy Families Grant CFDA93.558 $8,095,249 $8,095,249 $8,095,249 $8,095,249 TOTAL AGENCY FUNDS $15,288,067 $15,288,067 $15,288,067 $15,288,067 Sales and Services $15,288,067 $15,288,067 $15,288,067 $15,288,067 Sales and Services Not Itemized $15,288,067 $15,288,067 $15,288,067 $15,288,067 TOTAL PUBLIC FUNDS $96,021,542 $96,021,542 $96,188,613 $96,021,542 Elder Abuse Investigations and Prevention Continuation Budget The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers $12,287,841 $12,287,841 $3,573,433 $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 $12,287,841 $12,287,841 $3,573,433 $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 $12,287,841 $12,287,841 $3,573,433 $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 $12,287,841 $12,287,841 $3,573,433 $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 1786 JOURNAL OF THE SENATE Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $1,611,520 $17,472,794 $1,611,520 $17,472,794 $1,611,520 $17,472,794 $1,611,520 $17,472,794 184.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $189,503 $189,503 $189,503 $189,503 184.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $36,922 $36,922 $127,689 $36,922 184.100 -Elder Abuse Investigations and Prevention Appropriation (HB 741) The purpose of this appropriation is to prevent disabled adults and elder persons from abuse, exploitation and neglect, and investigate situations where it might have occurred. TOTAL STATE FUNDS $12,514,266 $12,514,266 $12,605,033 $12,514,266 State General Funds $12,514,266 $12,514,266 $12,605,033 $12,514,266 TOTAL FEDERAL FUNDS $3,573,433 $3,573,433 $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 $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 $17,699,219 $17,699,219 $17,789,986 $17,699,219 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 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 MONDAY, MARCH 12, 2012 1787 Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL PUBLIC FUNDS $13,765,259 $3,761,430 $112,910,244 $13,765,259 $3,761,430 $112,910,244 $13,765,259 $3,761,430 $112,910,244 $13,765,259 $3,761,430 $112,910,244 185.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $8,578 $8,578 $8,578 $8,578 185.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,253 $2,253 $2,253 $2,253 185.100-Elder Community Living Services Appropriation (HB 741) The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $71,485,751 $71,485,751 $71,485,751 $71,485,751 State General Funds $66,411,874 $66,411,874 $66,411,874 $66,411,874 Tobacco Settlement Funds $5,073,877 $5,073,877 $5,073,877 $5,073,877 TOTAL FEDERAL FUNDS $41,435,324 $41,435,324 $41,435,324 $41,435,324 Federal Funds Not Itemized $23,908,635 $23,908,635 $23,908,635 $23,908,635 Medical Assistance Program CFDA93.778 $13,765,259 $13,765,259 $13,765,259 $13,765,259 Social Services Block Grant CFDA93.667 $3,761,430 $3,761,430 $3,761,430 $3,761,430 TOTAL PUBLIC FUNDS $112,921,075 $112,921,075 $112,921,075 $112,921,075 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 $2,847,024 $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 $2,847,024 $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 $2,847,024 $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 $2,847,024 $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 1788 JOURNAL OF THE SENATE 186.1 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,752 $1,752 $1,752 $1,752 186.100 -Elder Support Services Appropriation (HB 741) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $2,848,776 $2,848,776 $2,848,776 $2,848,776 State General Funds $1,730,847 $1,730,847 $1,730,847 $1,730,847 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $5,866,268 $5,866,268 $5,866,268 $5,866,268 Federal Funds Not Itemized $5,866,268 $5,866,268 $5,866,268 $5,866,268 TOTAL PUBLIC FUNDS $8,715,044 $8,715,044 $8,715,044 $8,715,044 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 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 187.100 -Energy Assistance Appropriation (HB 741) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. TOTAL FEDERAL FUNDS Low-Income Home Energy Assistance CFDA93.568 TOTAL AGENCY FUNDS $24,281,180 $24,281,180 $890,669 $24,281,180 $24,281,180 $890,669 $24,281,180 $24,281,180 $890,669 $24,281,180 $24,281,180 $890,669 MONDAY, MARCH 12, 2012 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS 1789 $804,904 $804,904 $85,765 $85,765 $25,171,849 $804,904 $804,904 $85,765 $85,765 $25,171,849 $804,904 $804,904 $85,765 $85,765 $25,171,849 $804,904 $804,904 $85,765 $85,765 $25,171,849 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 $1,655,000 $1,655,000 $12,131,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 188.1 Replace funds. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 Total Public Funds: $1,001,049 ($1,001,049) $0 $1,001,049 ($1,001,049) $0 $1,001,049 ($1,001,049) $0 $1,001,049 ($1,001,049) $0 188.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($495) ($495) ($495) ($495) 188.3 Increase funds for sexual assault centers. Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 $200,470 1790 JOURNAL OF THE SENATE 188.100 -Family Violence Services Appropriation (HB 741) 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 $2,656,049 $2,656,049 $2,656,049 $2,656,049 State General Funds $2,656,049 $2,656,049 $2,656,049 $2,656,049 TOTAL FEDERAL FUNDS $11,330,385 $11,330,385 $11,330,385 $11,330,385 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 $9,046,871 $9,046,871 $9,046,871 $9,046,871 Temporary Assistance for Needy Families Grant CFDA93.558 $9,046,871 $9,046,871 $9,046,871 $9,046,871 TOTAL PUBLIC FUNDS $13,986,434 $13,986,434 $13,986,434 $13,986,434 Federal Eligibility Benefit Services Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 MONDAY, MARCH 12, 2012 1791 189.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,638,381 $2,638,381 $1,537,733 $1,537,733 189.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $966,469 $966,469 $2,842,389 $966,469 189.100 -Federal Eligibility Benefit Services Appropriation (HB 741) 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 $103,508,487 $103,508,487 $104,283,759 $102,407,839 State General Funds $103,508,487 $103,508,487 $104,283,759 $102,407,839 TOTAL FEDERAL FUNDS $107,518,362 $107,518,362 $107,518,362 $107,518,362 Federal Funds Not Itemized $40,633,202 $40,633,202 $40,633,202 $40,633,202 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 $900,000 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 $43,127,713 $43,127,713 $43,127,713 $43,127,713 Temporary Assistance for Needy Families $19,628,860 $19,628,860 $19,628,860 $19,628,860 Temporary Assistance for Needy Families Grant CFDA93.558 $19,628,860 $19,628,860 $19,628,860 $19,628,860 TOTAL AGENCY FUNDS $10,234,164 $10,234,164 $10,234,164 $10,234,164 Intergovernmental Transfers $10,221,755 $10,221,755 $10,221,755 $10,221,755 Intergovernmental Transfers Not Itemized $10,221,755 $10,221,755 $10,221,755 $10,221,755 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 $221,261,013 $221,261,013 $222,036,285 $220,160,365 Federal Fund Transfers to Other Agencies Continuation Budget 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 STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 1792 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS CCDF Mandatory & Matching Funds CFDA93.596 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 $101,860,320 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 $101,860,320 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 $101,860,320 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 $101,860,320 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 190.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($6,444,262) ($6,444,262) ($6,444,262) ($6,444,262) 190.100-Federal Fund Transfers to Other Agencies Appropriation (HB 741) 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 $95,416,058 CCDF Mandatory & Matching Funds CFDA93.596 $1,200,000 Child Care & Development Block Grant CFDA93.575 $23,592,746 Social Services Block Grant CFDA93.667 $35,981,142 Temporary Assistance for Needy Families $34,642,170 Temporary Assistance for Needy Families Grant CFDA93.558 $34,642,170 TOTAL PUBLIC FUNDS $95,416,058 $95,416,058 $1,200,000 $23,592,746 $35,981,142 $34,642,170 $34,642,170 $95,416,058 $95,416,058 $1,200,000 $23,592,746 $35,981,142 $34,642,170 $34,642,170 $95,416,058 $95,416,058 $1,200,000 $23,592,746 $35,981,142 $34,642,170 $34,642,170 $95,416,058 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 $0 $0 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 MONDAY, MARCH 12, 2012 1793 TOTAL PUBLIC FUNDS $8,705,939 $8,705,939 $8,705,939 $8,705,939 191.1 Reduce funds. TANF Unobligated Balance per 42 USC 604 ($8,705,939) ($8,705,939) ($8,705,939) ($8,705,939) 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 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 193.1 Increase funds for out-of-home care utilization. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $3,896,572 $1,079,581 $4,976,153 $3,438,055 $1,079,581 $4,517,636 $3,438,055 $1,079,581 $4,517,636 $3,438,055 $1,079,581 $4,517,636 193.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,021,099) ($2,562,582) ($2,562,582) ($2,562,582) 193.100 -Out of Home Care Appropriation (HB 741) 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 $63,473,942 $63,015,425 $63,015,425 $63,015,425 1794 JOURNAL OF THE SENATE State General Funds $63,473,942 TOTAL FEDERAL FUNDS $130,987,659 Federal Funds Not Itemized $56,305 Foster Care Title IV-E CFDA93.658 $35,207,354 Temporary Assistance for Needy Families $95,724,000 Temporary Assistance for Needy Families Grant CFDA93.558 $95,724,000 TOTAL PUBLIC FUNDS $194,461,601 $63,015,425 $131,446,176 $56,305 $35,207,354 $96,182,517 $96,182,517 $194,461,601 $63,015,425 $131,446,176 $56,305 $35,207,354 $96,182,517 $96,182,517 $194,461,601 $63,015,425 $131,446,176 $56,305 $35,207,354 $96,182,517 $96,182,517 $194,461,601 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 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 194.100 -Refugee Assistance Appropriation (HB 741) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 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 $52,400,415 $100,000 $100,000 $52,400,415 $100,000 $100,000 $52,400,415 $100,000 $100,000 $52,400,415 MONDAY, MARCH 12, 2012 1795 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL PUBLIC FUNDS $42,848,815 $42,848,815 $9,551,600 $52,500,415 $42,848,815 $42,848,815 $9,551,600 $52,500,415 $42,848,815 $42,848,815 $9,551,600 $52,500,415 $42,848,815 $42,848,815 $9,551,600 $52,500,415 196.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,018,054) ($1,018,054) ($1,018,054) ($1,018,054) 196.100 -Support for Needy Families - Basic Assistance Appropriation (HB 741) 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 $51,382,361 $51,382,361 $51,382,361 $51,382,361 Temporary Assistance for Needy Families $41,830,761 $41,830,761 $41,830,761 $41,830,761 Temporary Assistance for Needy Families Grant CFDA93.558 $41,830,761 $41,830,761 $41,830,761 $41,830,761 TANF Unobligated Balance per 42 USC 604 $9,551,600 $9,551,600 $9,551,600 $9,551,600 TOTAL PUBLIC FUNDS $51,482,361 $51,482,361 $51,482,361 $51,482,361 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 $0 $0 $21,758,483 $362,173 $21,396,310 $21,396,310 $21,758,483 $0 $0 $21,758,483 $362,173 $21,396,310 $21,396,310 $21,758,483 $0 $0 $21,758,483 $362,173 $21,396,310 $21,396,310 $21,758,483 $0 $0 $21,758,483 $362,173 $21,396,310 $21,396,310 $21,758,483 1796 JOURNAL OF THE SENATE 197.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($33,000) ($33,000) ($33,000) ($33,000) 197.100 -Support for Needy Families - Work Assistance Appropriation (HB 741) 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 FEDERAL FUNDS $21,725,483 Federal Funds Not Itemized $362,173 Temporary Assistance for Needy Families $21,363,310 Temporary Assistance for Needy Families Grant CFDA93.558 $21,363,310 TOTAL PUBLIC FUNDS $21,725,483 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 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 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 199.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,839 $3,839 $3,839 $3,839 199.2 Reduce funds for operations. State General Funds ($1,694) $0 $0 $0 199.3 Reduce funds for contracts. State General Funds ($2,267) $0 $0 $0 MONDAY, MARCH 12, 2012 1797 199.100 -Council on Aging Appropriation (HB 741) 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 $197,930 $201,891 $201,891 $201,891 State General Funds $197,930 $201,891 $201,891 $201,891 TOTAL PUBLIC FUNDS $197,930 $201,891 $201,891 $201,891 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 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 200.1 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($159,841) ($159,841) ($319,682) ($159,841) ($159,841) ($319,682) ($159,841) ($159,841) ($319,682) ($159,841) ($159,841) ($319,682) 200.100 -Family Connection Appropriation (HB 741) 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 $7,832,225 $7,832,225 $7,832,225 $7,832,225 State General Funds $7,832,225 $7,832,225 $7,832,225 $7,832,225 TOTAL FEDERAL FUNDS $1,781,862 $1,781,862 $1,781,862 $1,781,862 Medical Assistance Program CFDA93.778 $581,862 $581,862 $581,862 $581,862 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 $9,614,087 $9,614,087 $9,614,087 $9,614,087 1798 JOURNAL OF THE SENATE All Temporary Assistance for Needy Families benefit payments are calculated utilizing a factor of 66.0% of the standards of need; such payments shall be made from the date of certification and not from the date of application; and the following maximum benefits and maximum standards of need shall apply: For an assistance group of one, the standard of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standard of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standard of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standard of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standard of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standard of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standard of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standard of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standard of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standard of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standard 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $16,123,050 $16,123,050 $16,123,050 $16,123,050 $16,123,050 $16,123,050 $1,958,414 $1,958,414 $1,958,414 $1,958,414 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $18,178,696 $18,178,696 $18,178,696 $16,123,050 $16,123,050 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,178,696 MONDAY, MARCH 12, 2012 1799 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $16,040,389 $16,040,389 $16,040,389 $16,040,389 $1,958,414 $1,958,414 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $81,806 $81,806 $81,806 $18,096,035 $18,096,035 $16,040,389 $16,040,389 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,096,035 $16,040,389 $16,040,389 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,096,035 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 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 201.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $31,017 $31,017 $31,017 $31,017 201.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($268) ($268) ($268) ($268) 201.100-Departmental Administration Appropriation (HB 741) 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 $1,678,523 $1,678,523 $1,678,523 $1,678,523 State General Funds $1,678,523 $1,678,523 $1,678,523 $1,678,523 TOTAL PUBLIC FUNDS $1,678,523 $1,678,523 $1,678,523 $1,678,523 1800 JOURNAL OF THE SENATE 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 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 202.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $10,173 $10,173 $10,173 $10,173 202.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($118) ($118) ($118) ($118) 202.100 -Enforcement Appropriation (HB 741) 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 $733,748 $733,748 $733,748 $733,748 State General Funds $733,748 $733,748 $733,748 $733,748 TOTAL PUBLIC FUNDS $733,748 $733,748 $733,748 $733,748 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 AGENCY FUNDS $3,977,002 $3,977,002 $954,555 $954,555 $15,426 $3,977,002 $3,977,002 $954,555 $954,555 $15,426 $3,977,002 $3,977,002 $954,555 $954,555 $15,426 $3,977,002 $3,977,002 $954,555 $954,555 $15,426 MONDAY, MARCH 12, 2012 1801 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 203.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $61,094 $61,094 $61,094 $61,094 203.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($646) ($646) ($646) ($646) 203.100-Fire Safety Appropriation (HB 741) 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 $4,037,450 $4,037,450 $4,037,450 $4,037,450 State General Funds $4,037,450 $4,037,450 $4,037,450 $4,037,450 TOTAL FEDERAL FUNDS $954,555 $954,555 $954,555 $954,555 Federal Funds Not Itemized $954,555 $954,555 $954,555 $954,555 TOTAL AGENCY FUNDS $15,426 $15,426 $15,426 $15,426 Sales and Services $15,426 $15,426 $15,426 $15,426 Sales and Services Not Itemized $15,426 $15,426 $15,426 $15,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,806 $81,806 $81,806 $81,806 State Funds Transfers $81,806 $81,806 $81,806 $81,806 Agency to Agency Contracts $81,806 $81,806 $81,806 $81,806 TOTAL PUBLIC FUNDS $5,089,237 $5,089,237 $5,089,237 $5,089,237 1802 JOURNAL OF THE SENATE 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 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 204.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $9,395 $9,395 $9,395 $9,395 204.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($102) ($102) ($102) ($102) 204.100 -Industrial Loan Appropriation (HB 741) 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 $637,631 $637,631 $637,631 $637,631 State General Funds $637,631 $637,631 $637,631 $637,631 TOTAL PUBLIC FUNDS $637,631 $637,631 $637,631 $637,631 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,210,480 $5,210,480 $1,003,859 $1,003,859 $6,214,339 $5,210,480 $5,210,480 $1,003,859 $1,003,859 $6,214,339 $5,210,480 $5,210,480 $1,003,859 $1,003,859 $6,214,339 $5,210,480 $5,210,480 $1,003,859 $1,003,859 $6,214,339 MONDAY, MARCH 12, 2012 1803 205.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $83,569 $83,569 $83,569 $83,569 205.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($846) ($846) ($846) ($846) 205.3 Reduce funds for personnel by eliminating two vacant positions. State General Funds ($101,450) $0 $0 $0 205.4 Reduce one-time funds for computer upgrades. State General Funds ($222,461) ($222,461) ($222,461) ($222,461) 205.5 Reduce funds for personnel. State General Funds ($101,450) ($101,450) ($101,450) 205.100 -Insurance Regulation Appropriation (HB 741) 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 $4,969,292 $4,969,292 $4,969,292 $4,969,292 State General Funds $4,969,292 $4,969,292 $4,969,292 $4,969,292 TOTAL FEDERAL FUNDS $1,003,859 $1,003,859 $1,003,859 $1,003,859 Federal Funds Not Itemized $1,003,859 $1,003,859 $1,003,859 $1,003,859 TOTAL PUBLIC FUNDS $5,973,151 $5,973,151 $5,973,151 $5,973,151 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 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 1804 JOURNAL OF THE SENATE 206.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $48,621 $48,621 $48,621 $48,621 206.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($639) ($639) ($639) ($639) 206.100 -Special Fraud Appropriation (HB 741) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $3,983,745 $3,983,745 $3,983,745 $3,983,745 State General Funds $3,983,745 $3,983,745 $3,983,745 $3,983,745 TOTAL PUBLIC FUNDS $3,983,745 $3,983,745 $3,983,745 $3,983,745 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $63,188,521 $63,188,521 $63,188,521 $63,188,521 $63,188,521 $63,188,521 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $19,903,129 $19,903,129 $19,903,129 $19,003,129 $19,003,129 $19,003,129 $19,003,129 $19,003,129 $19,003,129 $900,000 $900,000 $900,000 $900,000 $900,000 $900,000 $110,239,711 $110,239,711 $110,239,711 $63,188,521 $63,188,521 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $19,003,129 $900,000 $900,000 $110,239,711 Section Total - Final $63,617,815 $64,634,817 $63,617,815 $64,634,817 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $19,903,129 $19,903,129 $19,003,129 $19,003,129 $64,634,817 $64,634,817 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $64,634,817 $64,634,817 $27,148,061 $27,148,061 $19,903,129 $19,003,129 MONDAY, MARCH 12, 2012 1805 Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $19,003,129 $900,000 $900,000 $110,669,005 $19,003,129 $900,000 $900,000 $111,686,007 $19,003,129 $900,000 $900,000 $111,686,007 $19,003,129 $900,000 $900,000 $111,686,007 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 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 207.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $69,041 $69,041 $69,041 $69,041 207.2 Reduce funds to reflect an adjustment in telecommunications expenses. (H and S:Increase funds to reflect an adjustment in telecommunications expenses) State General Funds ($278,683) $564,534 $564,534 $564,534 207.100-Bureau Administration Appropriation (HB 741) 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 $7,477,469 $8,320,686 $8,320,686 $8,320,686 State General Funds $7,477,469 $8,320,686 $8,320,686 $8,320,686 TOTAL FEDERAL FUNDS $30,000 $30,000 $30,000 $30,000 Federal Funds Not Itemized $30,000 $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $7,507,469 $8,350,686 $8,350,686 $8,350,686 1806 JOURNAL OF THE SENATE 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 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 208.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $69,170 $69,170 $69,170 $69,170 208.100-Criminal Justice Information Services Appropriation (HB 741) 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 $7,047,443 $7,047,443 $7,047,443 $7,047,443 State General Funds $7,047,443 $7,047,443 $7,047,443 $7,047,443 TOTAL FEDERAL FUNDS $181,425 $181,425 $181,425 $181,425 Federal Funds Not Itemized $181,425 $181,425 $181,425 $181,425 TOTAL AGENCY FUNDS $2,990,304 $2,990,304 $2,990,304 $2,990,304 Sales and Services $2,990,304 $2,990,304 $2,990,304 $2,990,304 Sales and Services Not Itemized $2,990,304 $2,990,304 $2,990,304 $2,990,304 TOTAL PUBLIC FUNDS $10,219,172 $10,219,172 $10,219,172 $10,219,172 MONDAY, MARCH 12, 2012 1807 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 209.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $342,985 $342,985 $342,985 $342,985 209.100-Forensic Scientific Services Appropriation (HB 741) 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 $22,603,237 $22,603,237 $22,603,237 $22,603,237 State General Funds $22,603,237 $22,603,237 $22,603,237 $22,603,237 TOTAL FEDERAL FUNDS $81,131 $81,131 $81,131 $81,131 Federal Funds Not Itemized $81,131 $81,131 $81,131 $81,131 TOTAL AGENCY FUNDS $157,865 $157,865 $157,865 $157,865 Sales and Services $157,865 $157,865 $157,865 $157,865 Sales and Services Not Itemized $157,865 $157,865 $157,865 $157,865 TOTAL PUBLIC FUNDS $22,842,233 $22,842,233 $22,842,233 $22,842,233 1808 JOURNAL OF THE SENATE 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 210.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $397,588 $397,588 $397,588 $397,588 210.2 Reduce funds for three agent positions due to attrition. State General Funds ($173,785) $0 $0 $0 210.100 -Regional Investigative Services Appropriation (HB 741) 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 $26,142,341 $26,316,126 $26,316,126 $26,316,126 State General Funds $26,142,341 $26,316,126 $26,316,126 $26,316,126 TOTAL FEDERAL FUNDS $1,240,883 $1,240,883 $1,240,883 $1,240,883 Federal Funds Not Itemized $1,240,883 $1,240,883 $1,240,883 $1,240,883 TOTAL AGENCY FUNDS $204,682 $204,682 $204,682 $204,682 Sales and Services $204,682 $204,682 $204,682 $204,682 MONDAY, MARCH 12, 2012 Sales and Services Not Itemized TOTAL PUBLIC FUNDS 1809 $204,682 $27,587,906 $204,682 $27,761,691 $204,682 $27,761,691 $204,682 $27,761,691 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; 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 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 211.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $7,150 $7,150 $7,150 $7,150 211.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,715 $2,715 $2,715 $2,715 211.3 Reduce funds for temporary labor contracts. State General Funds ($6,887) ($6,887) ($6,887) ($6,887) 1810 JOURNAL OF THE SENATE 211.100-Criminal Justice Coordinating Council Appropriation (HB 741) 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 STATE FUNDS $347,325 $347,325 $347,325 $347,325 State General Funds $347,325 $347,325 $347,325 $347,325 TOTAL FEDERAL FUNDS $25,614,622 $25,614,622 $25,614,622 $25,614,622 Federal Funds Not Itemized $25,614,622 $25,614,622 $25,614,622 $25,614,622 TOTAL AGENCY FUNDS $16,550,278 $16,550,278 $16,550,278 $16,550,278 Sales and Services $15,650,278 $15,650,278 $15,650,278 $15,650,278 Sales and Services Not Itemized $15,650,278 $15,650,278 $15,650,278 $15,650,278 Sanctions, Fines, and Penalties $900,000 $900,000 $900,000 $900,000 Sanctions, Fines, and Penalties Not Itemized $900,000 $900,000 $900,000 $900,000 TOTAL PUBLIC FUNDS $42,512,225 $42,512,225 $42,512,225 $42,512,225 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Continuation $285,712,163 $285,712,163 $285,712,163 $285,712,163 $285,712,163 $285,712,163 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $4,808,833 $4,808,833 $4,808,833 $4,808,833 $4,808,833 $4,808,833 $1,531,226 $1,531,226 $1,531,226 $3,277,607 $3,277,607 $3,277,607 $292,122,259 $292,122,259 $292,122,259 $285,712,163 $285,712,163 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $4,808,833 $4,808,833 $1,531,226 $3,277,607 $292,122,259 MONDAY, MARCH 12, 2012 1811 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 Foster Care Title IV-E CFDA93.658 FF National School Lunch Program CFDA10.555 Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS Section Total - Final $289,021,702 $289,021,702 $289,021,702 $289,021,702 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $5,099,122 $5,099,122 $4,808,833 $4,808,833 $1,531,226 $1,531,226 $3,277,607 $3,277,607 $290,289 $290,289 $290,289 $290,289 $295,722,087 $295,722,087 $289,021,702 $289,021,702 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $5,099,122 $4,808,833 $1,531,226 $3,277,607 $290,289 $290,289 $295,722,087 $289,021,702 $289,021,702 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $5,099,122 $4,808,833 $1,531,226 $3,277,607 $290,289 $290,289 $295,722,087 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 212.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $34,948 $34,948 $34,948 $34,948 1812 JOURNAL OF THE SENATE 212.2 Increase funds to reflect program expenditures. State General Funds $1,937,059 $1,937,059 $1,937,059 $1,937,059 212.3 Increase funds for 50 non-secure residential beds effective January 1, 2012. (H and S:Increase funds to provide 50 non-secure beds at the Savannah River Challenge wilderness program) State General Funds $1,368,750 $1,368,750 $1,368,750 $1,368,750 212.4 Increase funds for 60 new Evening Reporting Centers effective January 1, 2012. State General Funds $288,000 $288,000 $288,000 $288,000 212.100-Community Non-Secure Commitment Appropriation (HB 741) 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 $31,871,426 $31,871,426 $31,871,426 $31,871,426 State General Funds $31,871,426 $31,871,426 $31,871,426 $31,871,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,373,480 $1,373,480 $1,373,480 $1,373,480 Federal Funds Transfers $1,373,480 $1,373,480 $1,373,480 $1,373,480 FF Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 $1,373,480 TOTAL PUBLIC FUNDS $33,244,906 $33,244,906 $33,244,906 $33,244,906 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 PUBLIC FUNDS $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 213.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $759,627 $759,627 $759,627 $759,627 MONDAY, MARCH 12, 2012 1813 213.2 Reduce funds for one full-time position due to reorganization. State General Funds ($52,160) ($52,160) ($52,160) ($52,160) 213.3 Reduce funds for motor vehicles. State General Funds ($130,543) ($130,543) ($130,543) ($130,543) 213.4 Reduce funds for one full-time quality assurance specialist position due to workload realignment. State General Funds ($39,520) ($39,520) ($39,520) ($39,520) 213.5 Reduce funds for one-time personnel savings. State General Funds ($2,016,580) ($2,016,580) ($2,016,580) ($2,016,580) 213.6 Reduce funds due to consolidation of six High Intensity Supervision (HITS) units based on caseload and eliminate 24 full-time positions. State General Funds ($424,327) ($424,327) ($424,327) ($424,327) 213.7 Replace funds with Targeted Case Management funds. State General Funds FFID Medical Assistance Program CFDA93.778 Total Public Funds: ($290,289) $290,289 $0 ($290,289) $290,289 $0 ($290,289) $290,289 $0 ($290,289) $290,289 $0 213.8 Reduce funds for two contracted eligibility specialist positions due to current workload. State General Funds ($48,000) ($48,000) ($48,000) ($48,000) 213.9 Reduce funds to reflect program expenditures. State General Funds ($128,313) ($128,313) ($128,313) ($128,313) 213.100 -Community Supervision Appropriation (HB 741) 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. 1814 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $53,978,243 $53,978,243 $290,289 $290,289 $290,289 $54,268,532 $53,978,243 $53,978,243 $290,289 $290,289 $290,289 $54,268,532 $53,978,243 $53,978,243 $290,289 $290,289 $290,289 $54,268,532 $53,978,243 $53,978,243 $290,289 $290,289 $290,289 $54,268,532 Departmental Administration Continuation Budget The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 214.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $248,588 $248,588 $248,588 $248,588 214.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($112,878) ($112,878) ($112,878) ($112,878) 214.3 Reduce funds for three full-time and three part-time positions due to workload realignment. State General Funds ($141,701) ($141,701) ($141,701) ($141,701) MONDAY, MARCH 12, 2012 1815 214.4 Reduce funds for training costs due to technological efficiencies. State General Funds ($70,000) 214.5 Reduce funds for one-time personnel savings. State General Funds ($196,701) 214.6 Reduce funds for motor vehicles. State General Funds ($63,000) 214.7 Reduce funds for operations due to telecommunication cost efficiencies. State General Funds ($500,000) 214.8 Increase funds to reflect projected expenditures. State General Funds $208,109 ($70,000) ($196,701) ($63,000) ($500,000) $208,109 ($70,000) ($196,701) ($63,000) ($500,000) $208,109 ($70,000) ($196,701) ($63,000) ($500,000) $208,109 214.100-Departmental Administration Appropriation (HB 741) 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 $26,238,494 $26,238,494 $26,238,494 $26,238,494 State General Funds $26,238,494 $26,238,494 $26,238,494 $26,238,494 TOTAL FEDERAL FUNDS $376,837 $376,837 $376,837 $376,837 Federal Funds Not Itemized $376,837 $376,837 $376,837 $376,837 TOTAL AGENCY FUNDS $15,299 $15,299 $15,299 $15,299 Sales and Services $15,299 $15,299 $15,299 $15,299 Sales and Services Not Itemized $15,299 $15,299 $15,299 $15,299 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $157,746 $157,746 $157,746 $157,746 Federal Funds Transfers $157,746 $157,746 $157,746 $157,746 FF Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 $157,746 TOTAL PUBLIC FUNDS $26,788,376 $26,788,376 $26,788,376 $26,788,376 1816 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 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 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 215.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $810,758 $810,758 $810,758 $810,758 215.2 Reduce funds for four full-time and 16 part-time educational support positions to maintain required staff ratio. State General Funds ($219,688) ($219,688) ($219,688) ($219,688) 215.3 Reduce funds for ten full-time and six part-time clerical positions due to technological efficiencies. State General Funds ($33,693) ($33,693) ($33,693) ($33,693) 215.4 Reduce funds for six full-time positions based on workload realignment. State General Funds ($229,111) ($229,111) ($229,111) ($229,111) 215.5 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Departmental Administration, Community Non-Secure Commitment, and Secure Commitment (YDCs) programs to align budget to projected expenditures. MONDAY, MARCH 12, 2012 1817 State General Funds $729,400 $729,400 $729,400 215.6 Reduce funds for motor vehicles. State General Funds ($84,803) ($84,803) ($84,803) 215.7 Reduce funds for one-time personnel savings. State General Funds ($200,000) ($200,000) ($200,000) 215.8 Increase funds for two Security Management and Response Teams (SMART) effective February 1, 2012. State General Funds $531,184 $531,184 $531,184 215.9 Increase funds for operations to open the Atlanta YDC. State General Funds $3,352,228 $3,352,228 $3,352,228 $729,400 ($84,803) ($200,000) $531,184 $3,352,228 215.100-Secure Commitment (YDCs) Appropriation (HB 741) 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 $75,324,953 $75,324,953 $75,324,953 $75,324,953 State General Funds $75,324,953 $75,324,953 $75,324,953 $75,324,953 TOTAL FEDERAL FUNDS $1,089,360 $1,089,360 $1,089,360 $1,089,360 Federal Funds Not Itemized $1,089,360 $1,089,360 $1,089,360 $1,089,360 TOTAL AGENCY FUNDS $18,812 $18,812 $18,812 $18,812 Sales and Services $18,812 $18,812 $18,812 $18,812 Sales and Services Not Itemized $18,812 $18,812 $18,812 $18,812 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,448,759 $1,448,759 $1,448,759 $1,448,759 Federal Funds Transfers $1,448,759 $1,448,759 $1,448,759 $1,448,759 FF National School Lunch Program CFDA10.555 $1,448,759 $1,448,759 $1,448,759 $1,448,759 TOTAL PUBLIC FUNDS $77,881,884 $77,881,884 $77,881,884 $77,881,884 1818 JOURNAL OF THE SENATE 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 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 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 216.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $1,356,964 $1,356,964 $1,356,964 $1,356,964 216.2 Reduce funds for four full-time teachers and 16 part-time education support positions to maintain required staff ratios. State General Funds ($106,862) ($106,862) ($106,862) ($106,862) 216.3 Reduce funds for ten full-time and six part-time clerical positions due to technological efficiencies. State General Funds ($85,555) ($85,555) ($85,555) ($85,555) 216.4 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Departmental Administration, Community Non-Secure Commitment, and Secure Commitment (YDCs) programs to align budget to projected expenditures. State General Funds ($2,746,255) ($2,746,255) ($2,746,255) ($2,746,255) 216.5 Reduce funds for motor vehicles. MONDAY, MARCH 12, 2012 1819 State General Funds 216.6 Reduce funds for one-time personnel savings. State General Funds ($65,731) ($65,731) ($65,731) ($65,731) ($330,366) ($330,366) ($330,366) ($330,366) 216.100 -Secure Detention (RYDCs) Appropriation (HB 741) 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 $101,608,586 $101,608,586 $101,608,586 $101,608,586 State General Funds $101,608,586 $101,608,586 $101,608,586 $101,608,586 TOTAL FEDERAL FUNDS $58,758 $58,758 $58,758 $58,758 Federal Funds Not Itemized $58,758 $58,758 $58,758 $58,758 TOTAL AGENCY FUNDS $42,197 $42,197 $42,197 $42,197 Sales and Services $42,197 $42,197 $42,197 $42,197 Sales and Services Not Itemized $42,197 $42,197 $42,197 $42,197 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,828,848 $1,828,848 $1,828,848 $1,828,848 Federal Funds Transfers $1,828,848 $1,828,848 $1,828,848 $1,828,848 FF National School Lunch Program CFDA10.555 $1,828,848 $1,828,848 $1,828,848 $1,828,848 TOTAL PUBLIC FUNDS $103,538,389 $103,538,389 $103,538,389 $103,538,389 Section 31: Labor, Department of 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 Section Total - Continuation $37,724,399 $37,724,399 $37,724,399 $37,724,399 $37,724,399 $37,724,399 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $31,663,664 $31,663,664 $31,663,664 $729,513 $729,513 $729,513 $729,513 $729,513 $729,513 $140,273 $140,273 $140,273 $140,273 $140,273 $140,273 $37,724,399 $37,724,399 $345,440,508 $345,440,508 $31,663,664 $729,513 $729,513 $140,273 $140,273 1820 JOURNAL OF THE SENATE 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 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $414,833,371 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $414,833,371 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $414,833,371 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $414,833,371 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Final $37,568,614 $37,568,614 $37,568,614 $37,568,614 $255,588,336 $255,588,336 $255,588,336 $255,588,336 $31,663,664 $31,663,664 $729,513 $729,513 $729,513 $729,513 $140,273 $140,273 $140,273 $140,273 $30,793,878 $30,793,878 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $324,825,414 $324,825,414 $37,568,614 $37,568,614 $255,588,336 $255,588,336 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $324,825,414 $37,568,614 $37,568,614 $255,588,336 $255,588,336 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $324,825,414 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 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 MONDAY, MARCH 12, 2012 1821 217.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,096 $2,096 $2,096 $2,096 217.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $139 $139 $139 $139 217.3 Reduce funds for computer charges to reflect projected expenditures. State General Funds ($28,000) ($28,000) ($28,000) ($28,000) 217.100 -Business Enterprise Program Appropriation (HB 741) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $264,496 $264,496 $264,496 $264,496 State General Funds $264,496 $264,496 $264,496 $264,496 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,230,581 $2,230,581 $2,230,581 $2,230,581 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 218.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1822 JOURNAL OF THE SENATE State General Funds $23,054 $23,054 $23,054 $23,054 218.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $851 $851 $851 $851 218.3 Reduce federal funds to reflect projected expenditures for implementation of the Workforce Investment Act. Federal Funds Not Itemized ($6,611,644) ($6,611,644) ($6,611,644) ($6,611,644) 218.100 -Department of Labor Administration Appropriation (HB 741) 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 $1,805,462 $1,805,462 $1,805,462 $1,805,462 State General Funds $1,805,462 $1,805,462 $1,805,462 $1,805,462 TOTAL FEDERAL FUNDS $31,312,292 $31,312,292 $31,312,292 $31,312,292 Federal Funds Not Itemized $31,312,292 $31,312,292 $31,312,292 $31,312,292 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $33,258,027 $33,258,027 $33,258,027 $33,258,027 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 $55,598,820 219.100 -Disability Adjudication Section Appropriation (HB 741) The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. MONDAY, MARCH 12, 2012 1823 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $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 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 220.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $9,428 $9,428 $9,428 $9,428 220.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $717 $717 $717 $717 220.100 -Division of Rehabilitation Administration Appropriation (HB 741) 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 $1,511,730 $1,511,730 $1,511,730 $1,511,730 State General Funds $1,511,730 $1,511,730 $1,511,730 $1,511,730 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 $4,425,248 $4,425,248 $4,425,248 $4,425,248 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. 1824 JOURNAL OF THE SENATE 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 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 221.100-Georgia Industries for the Blind Appropriation (HB 741) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 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 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 222.100 -Labor Market Information Appropriation (HB 741) The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL FEDERAL FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 MONDAY, MARCH 12, 2012 1825 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $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 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 223.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $81,453 $81,453 $81,453 $81,453 223.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,556 $2,556 $2,556 $2,556 223.100-Roosevelt Warm Springs Institute Appropriation (HB 741) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,433,140 $5,433,140 $5,433,140 $5,433,140 State General Funds $5,433,140 $5,433,140 $5,433,140 $5,433,140 TOTAL FEDERAL FUNDS $6,989,289 $6,989,289 $6,989,289 $6,989,289 Federal Funds Not Itemized $6,989,289 $6,989,289 $6,989,289 $6,989,289 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 $18,888,287 $18,888,287 1826 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $18,888,287 $4,800 $4,800 $4,800 $31,315,516 $18,888,287 $4,800 $4,800 $4,800 $31,315,516 $18,888,287 $4,800 $4,800 $4,800 $31,315,516 $18,888,287 $4,800 $4,800 $4,800 $31,315,516 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 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 224.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $41,418 $41,418 $41,418 $41,418 224.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,547 $1,547 $1,547 $1,547 224.100 -Safety Inspections Appropriation (HB 741) The purpose of this appropriation is to promote and protect public safety, to provide training and information on workplace exposure to hazardous chemicals, and to promote industrial safety. TOTAL STATE FUNDS $3,280,387 $3,280,387 $3,280,387 $3,280,387 State General Funds $3,280,387 $3,280,387 $3,280,387 $3,280,387 TOTAL FEDERAL FUNDS $168,552 $168,552 $168,552 $168,552 Federal Funds Not Itemized $168,552 $168,552 $168,552 $168,552 TOTAL PUBLIC FUNDS $3,448,939 $3,448,939 $3,448,939 $3,448,939 MONDAY, MARCH 12, 2012 1827 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 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 225.100-Unemployment Insurance Appropriation (HB 741) 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 $5,789,691 $5,789,691 $5,789,691 $5,789,691 State General Funds $5,789,691 $5,789,691 $5,789,691 $5,789,691 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 $54,962,877 $54,962,877 $54,962,877 $54,962,877 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 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 1828 JOURNAL OF THE SENATE 226.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $131,375 $131,375 $131,375 $131,375 226.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,086 $9,086 $9,086 $9,086 226.3 Reduce funds for personnel. State General Funds ($180,159) ($180,159) ($180,159) ($180,159) 226.4 Reduce funds for specialized service contracts. State General Funds ($291,952) ($291,952) ($291,952) ($291,952) 226.100 -Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $12,895,493 $12,895,493 State General Funds $12,895,493 $12,895,493 TOTAL FEDERAL FUNDS $65,667,153 $65,667,153 Federal Funds Not Itemized $65,667,153 $65,667,153 TOTAL AGENCY FUNDS $806,216 $806,216 Sales and Services $806,216 $806,216 Sales and Services Not Itemized $806,216 $806,216 TOTAL PUBLIC FUNDS $79,368,862 $79,368,862 Appropriation (HB 741) $12,895,493 $12,895,493 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,368,862 $12,895,493 $12,895,493 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,368,862 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 $6,547,609 $6,547,609 $122,790,096 $122,790,096 $6,547,609 $6,547,609 $122,790,096 $122,790,096 $6,547,609 $6,547,609 $122,790,096 $122,790,096 $6,547,609 $6,547,609 $122,790,096 $122,790,096 MONDAY, MARCH 12, 2012 1829 TOTAL PUBLIC FUNDS $129,337,705 $129,337,705 $129,337,705 $129,337,705 227.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $37,478 $37,478 $37,478 $37,478 227.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,128 $3,128 $3,128 $3,128 227.3 Reduce funds to reflect projected expenditures for implementation of the Workforce Investment Act and transfer $68,165,067 from the Georgia Department of Labor to the Governor's Office of Workforce Development. Federal Funds Not Itemized ($83,240,528) ($83,240,528) ($83,240,528) ($83,240,528) 227.100-Workforce Development Appropriation (HB 741) 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 $6,588,215 $6,588,215 $6,588,215 $6,588,215 State General Funds $6,588,215 $6,588,215 $6,588,215 $6,588,215 TOTAL FEDERAL FUNDS $39,549,568 $39,549,568 $39,549,568 $39,549,568 Federal Funds Not Itemized $39,549,568 $39,549,568 $39,549,568 $39,549,568 TOTAL PUBLIC FUNDS $46,137,783 $46,137,783 $46,137,783 $46,137,783 Section 32: Law, Department of 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 Section Total - Continuation $17,756,917 $17,756,917 $17,756,917 $17,756,917 $17,756,917 $17,756,917 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $37,105,382 $37,105,382 $37,105,382 $37,105,382 $17,756,917 $17,756,917 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 1830 JOURNAL OF THE SENATE Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $788,308 $34,350,000 $1,967,074 $58,732,340 $788,308 $34,350,000 $1,967,074 $58,732,340 $788,308 $34,350,000 $1,967,074 $58,732,340 $788,308 $34,350,000 $1,967,074 $58,732,340 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 Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS Section Total - Final $18,212,067 $18,239,867 $18,212,067 $18,239,867 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $37,105,382 $37,105,382 $788,308 $788,308 $34,350,000 $34,350,000 $1,967,074 $1,967,074 $59,187,490 $59,215,290 $18,205,167 $18,205,167 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,180,590 $18,205,167 $18,205,167 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,180,590 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 Agency to Agency Contracts $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 MONDAY, MARCH 12, 2012 1831 Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $34,350,000 $1,967,074 $54,032,397 $34,350,000 $1,967,074 $54,032,397 $34,350,000 $1,967,074 $54,032,397 $34,350,000 $1,967,074 $54,032,397 228.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $312,356 $312,356 $312,356 $312,356 228.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $30,674 $30,674 $30,674 $30,674 228.3 Increase funds for two time-limited attorney positions to handle the backlog of cases pertaining to Atlanta Public Schools. State General Funds $51,320 $51,320 $51,320 $51,320 228.4 Increase funds for one position effective January 1, 2012. (CC:Effective April 1, 2012) State General Funds $52,500 $80,300 $45,600 $45,600 228.100 -Law, Department of Appropriation (HB 741) 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 $17,103,925 $17,131,725 $17,097,025 $17,097,025 State General Funds $17,103,925 $17,131,725 $17,097,025 $17,097,025 TOTAL AGENCY FUNDS $269,940 $269,940 $269,940 $269,940 Sales and Services $269,940 $269,940 $269,940 $269,940 Sales and Services Not Itemized $269,940 $269,940 $269,940 $269,940 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $37,105,382 $37,105,382 $37,105,382 $37,105,382 State Funds Transfers $37,105,382 $37,105,382 $37,105,382 $37,105,382 Agency to Agency Contracts $788,308 $788,308 $788,308 $788,308 Legal Services - Client Reimbursable per OCGA45-15-4 $34,350,000 $34,350,000 $34,350,000 $34,350,000 Legal Services - Dept. of Administrative Services Cases $1,967,074 $1,967,074 $1,967,074 $1,967,074 TOTAL PUBLIC FUNDS $54,479,247 $54,507,047 $54,472,347 $54,472,347 1832 JOURNAL OF THE SENATE Medicaid Fraud Control 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 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 229.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $6,313 $6,313 $6,313 $6,313 229.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,987 $1,987 $1,987 $1,987 229.100 -Medicaid Fraud Control Unit Appropriation (HB 741) 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 $1,108,142 $1,108,142 $1,108,142 $1,108,142 State General Funds $1,108,142 $1,108,142 $1,108,142 $1,108,142 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 $4,708,243 $4,708,243 $4,708,243 $4,708,243 MONDAY, MARCH 12, 2012 1833 Section 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $86,544,292 $86,544,292 $86,544,292 $86,544,292 $86,544,292 $86,544,292 $54,114,156 $54,114,156 $54,114,156 $54,102,549 $54,102,549 $54,102,549 $11,607 $11,607 $11,607 $107,822,176 $107,822,176 $107,822,176 $964,534 $964,534 $964,534 $964,534 $964,534 $964,534 $115,313 $115,313 $115,313 $115,313 $115,313 $115,313 $2,485,576 $2,485,576 $2,485,576 $2,485,576 $2,485,576 $2,485,576 $20,417 $20,417 $20,417 $20,417 $20,417 $20,417 $46,703 $46,703 $46,703 $46,703 $46,703 $46,703 $104,189,633 $104,189,633 $104,189,633 $103,173,505 $103,173,505 $103,173,505 $1,016,128 $1,016,128 $1,016,128 $54,222 $54,222 $54,222 $54,222 $54,222 $54,222 $54,222 $54,222 $54,222 $248,534,846 $248,534,846 $248,534,846 $86,544,292 $86,544,292 $54,114,156 $54,102,549 $11,607 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 Section Total - Final TOTAL STATE FUNDS $86,596,913 $86,796,580 State General Funds $86,596,913 $86,796,580 TOTAL FEDERAL FUNDS $54,114,156 $54,114,156 Federal Funds Not Itemized $54,102,549 $54,102,549 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 TOTAL AGENCY FUNDS $107,822,176 $107,822,176 $86,796,580 $86,796,580 $54,114,156 $54,102,549 $11,607 $107,822,176 $86,796,580 $86,796,580 $54,114,156 $54,102,549 $11,607 $107,822,176 1834 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,587,467 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,787,134 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,787,134 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,787,134 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 Royalties and Rents $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 MONDAY, MARCH 12, 2012 1835 Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $29,328 $6,695,205 $29,328 $6,695,205 $29,328 $6,695,205 $29,328 $6,695,205 230.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $30,090 $30,090 $30,090 $30,090 230.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $15,309 $15,309 $15,309 $15,309 230.3 Reduce funds for personnel. State General Funds ($68,194) ($68,194) ($68,194) ($68,194) 230.4 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($8,375) ($8,375) ($8,375) ($8,375) 230.100 -Coastal Resources Appropriation (HB 741) 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 $2,083,043 $2,083,043 $2,083,043 $2,083,043 State General Funds $2,083,043 $2,083,043 $2,083,043 $2,083,043 TOTAL FEDERAL FUNDS $4,383,197 $4,383,197 $4,383,197 $4,383,197 Federal Funds Not Itemized $4,383,197 $4,383,197 $4,383,197 $4,383,197 TOTAL AGENCY FUNDS $197,795 $197,795 $197,795 $197,795 Contributions, Donations, and Forfeitures $168,467 $168,467 $168,467 $168,467 Contributions, Donations, and Forfeitures Not Itemized $168,467 $168,467 $168,467 $168,467 Royalties and Rents $29,328 $29,328 $29,328 $29,328 Royalties and Rents Not Itemized $29,328 $29,328 $29,328 $29,328 TOTAL PUBLIC FUNDS $6,664,035 $6,664,035 $6,664,035 $6,664,035 1836 JOURNAL OF THE SENATE 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 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 231.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $99,787 $99,787 $99,787 $99,787 231.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $81,456 $81,456 $81,456 $81,456 231.3 Reduce funds for personnel to reflect projected expenditures and eliminate one filled position. State General Funds ($53,776) ($53,776) ($53,776) ($53,776) 231.4 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($8,375) ($8,375) ($8,375) ($8,375) 231.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,342,248 $11,342,248 $11,342,248 $11,342,248 State General Funds $11,342,248 $11,342,248 $11,342,248 $11,342,248 TOTAL FEDERAL FUNDS $110,000 $110,000 $110,000 $110,000 Federal Funds Not Itemized $110,000 $110,000 $110,000 $110,000 MONDAY, MARCH 12, 2012 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 1837 $39,065 $39,065 $39,065 $11,491,313 $39,065 $39,065 $39,065 $11,491,313 $39,065 $39,065 $39,065 $11,491,313 $39,065 $39,065 $39,065 $11,491,313 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 232.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $772,135 $772,135 $772,135 $772,135 1838 JOURNAL OF THE SENATE 232.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $179,384 $179,384 $179,384 232.3 Reduce funds for personnel to reflect projected expenditures and eliminate two filled positions. State General Funds ($495,462) ($495,462) ($495,462) $179,384 ($495,462) 232.100 -Environmental Protection Appropriation (HB 741) 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 $25,229,142 $25,229,142 $25,229,142 $25,229,142 State General Funds $25,229,142 $25,229,142 $25,229,142 $25,229,142 TOTAL FEDERAL FUNDS $32,861,619 $32,861,619 $32,861,619 $32,861,619 Federal Funds Not Itemized $32,861,619 $32,861,619 $32,861,619 $32,861,619 TOTAL AGENCY FUNDS $57,028,515 $57,028,515 $57,028,515 $57,028,515 Intergovernmental Transfers $250,000 $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 $250,000 Sales and Services $56,778,515 $56,778,515 $56,778,515 $56,778,515 Sales and Services Not Itemized $56,778,515 $56,778,515 $56,778,515 $56,778,515 TOTAL PUBLIC FUNDS $115,119,276 $115,119,276 $115,119,276 $115,119,276 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. MONDAY, MARCH 12, 2012 1839 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 233.1 Reduce funds for operations. State General Funds $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 ($59,998) ($59,998) ($59,998) ($59,998) 233.100 -Hazardous Waste Trust Fund Appropriation (HB 741) 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 $2,939,882 $2,939,882 $2,939,882 $2,939,882 State General Funds $2,939,882 $2,939,882 $2,939,882 $2,939,882 TOTAL PUBLIC FUNDS $2,939,882 $2,939,882 $2,939,882 $2,939,882 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 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 234.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $30,155 $30,155 $30,155 $30,155 1840 JOURNAL OF THE SENATE 234.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $10,032 $10,032 $10,032 234.3 Reduce funds for operations. State General Funds ($18,182) ($18,182) ($18,182) 234.4 Reduce funds for personnel to reflect projected expenditures and eliminate one vacant position. State General Funds ($49,189) ($49,189) ($49,189) $10,032 ($18,182) ($49,189) 234.100 -Historic Preservation Appropriation (HB 741) 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 $1,358,287 $1,358,287 $1,358,287 $1,358,287 State General Funds $1,358,287 $1,358,287 $1,358,287 $1,358,287 TOTAL FEDERAL FUNDS $1,020,787 $1,020,787 $1,020,787 $1,020,787 Federal Funds Not Itemized $1,009,180 $1,009,180 $1,009,180 $1,009,180 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 $11,607 $11,607 TOTAL PUBLIC FUNDS $2,379,074 $2,379,074 $2,379,074 $2,379,074 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $360,715 $360,715 MONDAY, MARCH 12, 2012 1841 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 235.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $88,932 $88,932 $88,932 $88,932 235.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $96,215 $96,215 $96,215 $96,215 235.3 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($14,656) ($14,656) ($14,656) ($14,656) 235.4 Reduce funds for personnel to reflect projected expenditures and eliminate five filled positions. State General Funds ($267,873) ($267,873) ($267,873) ($267,873) 235.100 -Parks, Recreation and Historic Sites Appropriation (HB 741) 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 $13,189,970 $13,189,970 $13,189,970 $13,189,970 State General Funds $13,189,970 $13,189,970 $13,189,970 $13,189,970 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 $41,480,954 $41,480,954 $41,480,954 $41,480,954 Contributions, Donations, and Forfeitures $360,715 $360,715 $360,715 $360,715 Contributions, Donations, and Forfeitures Not Itemized $360,715 $360,715 $360,715 $360,715 Intergovernmental Transfers $2,232,646 $2,232,646 $2,232,646 $2,232,646 Intergovernmental Transfers Not Itemized $2,232,646 $2,232,646 $2,232,646 $2,232,646 1842 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $38,887,593 $38,887,593 $56,374,953 $38,887,593 $38,887,593 $56,374,953 $38,887,593 $38,887,593 $56,374,953 $38,887,593 $38,887,593 $56,374,953 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 $0 $0 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 236.100-Pollution Prevention Assistance Appropriation (HB 741) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 MONDAY, MARCH 12, 2012 1843 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 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 237.100 -Solid Waste Trust Fund Appropriation (HB 741) 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 $1,042,075 $1,042,075 $1,042,075 $1,042,075 State General Funds $1,042,075 $1,042,075 $1,042,075 $1,042,075 TOTAL PUBLIC FUNDS $1,042,075 $1,042,075 $1,042,075 $1,042,075 Wildlife Resources Continuation Budget The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft; provide hunter and boating education; license hunters, anglers, and boaters; enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; oversee the acquisition of land and the management of land leases for recreational and conservation purposes; ensure land upon which the state holds an easement remains in the required condition; protect non-game and endangered wildlife; and operate the state's archery and shooting ranges. 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 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 1844 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 238.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $419,564 $419,564 $419,564 $419,564 238.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $244,278 $244,278 $244,278 $244,278 238.3 Reduce funds and replace state funds with federal funds for operations. State General Funds ($500,148) ($500,148) ($500,148) ($500,148) 238.4 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($35,594) ($35,594) ($35,594) ($35,594) 238.5 Reduce funds for personnel to reflect projected expenditures and eliminate seven filled and five vacant positions. (S:Reduce funds for personnel)(CC:Reduce funds for five vacant positions) State General Funds ($409,894) ($210,227) ($210,227) ($210,227) MONDAY, MARCH 12, 2012 1845 238.99 Amendment: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. Senate: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. House: 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. Governor: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. State General Funds $0 $0 $0 $0 238.100 -Wildlife Resources Appropriation (HB 741) 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 $29,412,266 $29,611,933 $29,611,933 $29,611,933 State General Funds $29,412,266 $29,611,933 $29,611,933 $29,611,933 TOTAL FEDERAL FUNDS $13,937,944 $13,937,944 $13,937,944 $13,937,944 Federal Funds Not Itemized $13,937,944 $13,937,944 $13,937,944 $13,937,944 TOTAL AGENCY FUNDS $8,960,534 $8,960,534 $8,960,534 $8,960,534 Contributions, Donations, and Forfeitures $435,352 $435,352 $435,352 $435,352 Contributions, Donations, and Forfeitures Not Itemized $435,352 $435,352 $435,352 $435,352 Intergovernmental Transfers $2,930 $2,930 $2,930 $2,930 Intergovernmental Transfers Not Itemized $2,930 $2,930 $2,930 $2,930 Rebates, Refunds, and Reimbursements $20,417 $20,417 $20,417 $20,417 1846 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,364,966 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,564,633 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,564,633 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,564,633 Georgia State Games Commission Continuation Budget The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. 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 $25,000 $25,000 $25,000 239.1 Eliminate funds added in HB78 (FY2012 General). State General Funds ($25,000) ($25,000) ($25,000) ($25,000) Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state park's parking pass implemented by the Department. The above appropriations reflect receipts from Jekyll Island Convention Center and Golf Course - $579,346 for 18 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 18 of 20 years; last payment being made June 15, 2014. MONDAY, MARCH 12, 2012 1847 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 $51,867,417 $51,867,417 $51,867,417 $51,867,417 $51,867,417 $51,867,417 $806,050 $806,050 $806,050 $806,050 $806,050 $806,050 $52,673,467 $52,673,467 $52,673,467 $51,867,417 $51,867,417 $806,050 $806,050 $52,673,467 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $52,217,189 $52,217,189 $52,217,189 $52,217,189 $806,050 $806,050 $806,050 $806,050 $53,023,239 $53,023,239 $52,217,189 $52,217,189 $806,050 $806,050 $53,023,239 $52,217,189 $52,217,189 $806,050 $806,050 $53,023,239 Board Administration The purpose of this appropriation is to provide administrative support for the agency. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 240.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $54,461 $54,461 $54,461 $54,461 240.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($16,931) ($16,931) ($16,931) ($16,931) 240.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $5,024,264 $5,024,264 State General Funds $5,024,264 $5,024,264 TOTAL PUBLIC FUNDS $5,024,264 $5,024,264 Appropriation (HB 741) $5,024,264 $5,024,264 $5,024,264 $5,024,264 $5,024,264 $5,024,264 1848 JOURNAL OF THE SENATE 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 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 241.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $116,287 $116,287 $116,287 $116,287 241.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,526) ($3,526) ($3,526) ($3,526) 241.100 -Clemency Decisions Appropriation (HB 741) 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 $7,320,552 $7,320,552 $7,320,552 $7,320,552 State General Funds $7,320,552 $7,320,552 $7,320,552 $7,320,552 TOTAL PUBLIC FUNDS $7,320,552 $7,320,552 $7,320,552 $7,320,552 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 $39,232,439 $39,232,439 $806,050 $39,232,439 $39,232,439 $806,050 $39,232,439 $39,232,439 $806,050 $39,232,439 $39,232,439 $806,050 MONDAY, MARCH 12, 2012 1849 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $806,050 $40,038,489 $806,050 $40,038,489 $806,050 $40,038,489 $806,050 $40,038,489 242.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $589,033 $589,033 $589,033 $589,033 242.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($21,699) ($21,699) ($21,699) ($21,699) 242.3 Reduce funds by discontinuing the Georgia Association of Chiefs of Police certification ($800) and consolidating a parole office ($7,800). State General Funds ($8,600) ($8,600) ($8,600) ($8,600) 242.4 Reduce funds for contracts. State General Funds ($1,482) ($1,482) ($1,482) ($1,482) 242.5 Reduce funds for personnel to reflect savings from attrition. State General Funds ($286,498) ($286,498) ($286,498) ($286,498) 242.6 Reduce funds for parolee jail subsidy to reflect projected expenditures. State General Funds ($77,637) ($77,637) ($77,637) ($77,637) 242.100 -Parole Supervision Appropriation (HB 741) 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 $39,425,556 $39,425,556 $39,425,556 $39,425,556 State General Funds $39,425,556 $39,425,556 $39,425,556 $39,425,556 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $40,231,606 $40,231,606 $40,231,606 $40,231,606 1850 JOURNAL OF THE SENATE 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 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 243.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $6,837 $6,837 $6,837 $6,837 243.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($473) ($473) ($473) ($473) 243.100-Victim Services Appropriation (HB 741) 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 $446,817 $446,817 $446,817 $446,817 State General Funds $446,817 $446,817 $446,817 $446,817 TOTAL PUBLIC FUNDS $446,817 $446,817 $446,817 $446,817 Section 35: Properties Commission, State TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS Section Total - Continuation $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 MONDAY, MARCH 12, 2012 1851 Section Total - Final TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 244.100-Properties Commission, State Appropriation (HB 741) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 $114,967 1852 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $727,045 $727,045 $727,045 $842,012 $727,045 $727,045 $727,045 $842,012 $727,045 $727,045 $727,045 $842,012 $727,045 $727,045 $727,045 $842,012 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 $0 245.1 Reduce funds for payment to the State Treasury by $1,260,137 from $3,256,871 to $1,996,734 to reflect increased costs associated with statewide adjustments. (Total Funds: $1,996,734)(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 Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $38,679,115 $38,679,115 $38,679,115 $38,679,115 $38,679,115 $38,679,115 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $39,019,115 $39,019,115 $39,019,115 $38,679,115 $38,679,115 $340,000 $340,000 $340,000 $39,019,115 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $39,477,682 $39,404,504 $39,477,682 $39,404,504 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $39,817,682 $39,744,504 $39,404,504 $39,404,504 $340,000 $340,000 $340,000 $39,744,504 $39,404,504 $39,404,504 $340,000 $340,000 $340,000 $39,744,504 MONDAY, MARCH 12, 2012 1853 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 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 246.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $83,436 $83,436 $83,436 $83,436 246.2 Increase funds to reflect an adjustment in telecommunications expenses. (H:Reduce funds to reflect an adjustment in telecommunications expenses) State General Funds $9,623 ($63,555) $0 $0 246.3 Reduce funds for personnel to reflect savings from attrition. State General Funds ($98,707) ($98,707) ($98,707) ($98,707) 246.4 Reduce funds for operations. State General Funds ($10,089) ($10,089) ($10,089) ($10,089) 246.100 -Public Defender Standards Council Appropriation (HB 741) 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 $5,908,359 $5,835,181 $5,898,736 $5,898,736 State General Funds $5,908,359 $5,835,181 $5,898,736 $5,898,736 TOTAL AGENCY FUNDS $340,000 $340,000 $340,000 $340,000 Interest and Investment Income $340,000 $340,000 $340,000 $340,000 1854 JOURNAL OF THE SENATE Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS $340,000 $6,248,359 $340,000 $6,175,181 $340,000 $6,238,736 $340,000 $6,238,736 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 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 247.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $470,080 $470,080 $470,080 $470,080 247.2 Increase funds to reflect an adjustment in telecommunications expenses. (S and CC:Reduce funds to reflect an adjustment in telecommunications expenses) State General Funds $5,182 $5,182 ($58,373) ($58,373) 247.3 Increase funds for additional expenses associated with conflict cases. State General Funds $339,042 $339,042 $339,042 $339,042 247.100 -Public Defenders Appropriation (HB 741) 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 $33,569,323 $33,569,323 $33,505,768 $33,505,768 State General Funds $33,569,323 $33,569,323 $33,505,768 $33,505,768 TOTAL PUBLIC FUNDS $33,569,323 $33,569,323 $33,505,768 $33,505,768 MONDAY, MARCH 12, 2012 1855 Section 37: Public Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Continuation $205,573,503 $205,573,503 $205,573,503 $191,626,675 $191,626,675 $191,626,675 $12,013,120 $12,013,120 $12,013,120 $1,933,708 $1,933,708 $1,933,708 $471,051,140 $471,051,140 $471,051,140 $429,487,823 $429,487,823 $429,487,823 $19,893,965 $19,893,965 $19,893,965 $2,912,917 $2,912,917 $2,912,917 $2,026,075 $2,026,075 $2,026,075 $16,730,360 $16,730,360 $16,730,360 $16,730,360 $16,730,360 $16,730,360 $1,203,500 $1,203,500 $1,203,500 $459,137 $459,137 $459,137 $459,137 $459,137 $459,137 $744,363 $744,363 $744,363 $744,363 $744,363 $744,363 $88,289 $88,289 $88,289 $17,600 $17,600 $17,600 $17,600 $17,600 $17,600 $70,689 $70,689 $70,689 $70,689 $70,689 $70,689 $677,916,432 $677,916,432 $677,916,432 $205,573,503 $191,626,675 $12,013,120 $1,933,708 $471,051,140 $429,487,823 $19,893,965 $2,912,917 $2,026,075 $16,730,360 $16,730,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 Section Total - Final $206,208,375 $207,467,042 $191,861,547 $193,120,214 $12,013,120 $12,013,120 $2,333,708 $2,333,708 $469,257,536 $469,257,536 $430,504,219 $430,504,219 $208,667,042 $194,320,214 $12,013,120 $2,333,708 $469,257,536 $430,504,219 $207,467,042 $193,120,214 $12,013,120 $2,333,708 $470,457,536 $430,504,219 $1,200,000 1856 JOURNAL OF THE SENATE Maternal & Child Health Services Block Grant CFDA93.994 $20,893,965 Medical Assistance Program CFDA93.778 $2,912,917 Preventive Health & Health Services Block Grant CFDA93.991 $2,026,075 Temporary Assistance for Needy Families $12,920,360 Temporary Assistance for Needy Families Grant CFDA93.558 $12,920,360 TOTAL AGENCY FUNDS $1,203,500 Contributions, Donations, and Forfeitures $459,137 Contributions, Donations, and Forfeitures Not Itemized $459,137 Sales and Services $744,363 Sales and Services Not Itemized $744,363 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $88,289 State Funds Transfers $17,600 Agency to Agency Contracts $17,600 Federal Funds Transfers $70,689 FF National School Lunch Program CFDA10.555 $70,689 TOTAL PUBLIC FUNDS $676,757,700 $20,893,965 $2,912,917 $2,026,075 $12,920,360 $12,920,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $678,016,367 $20,893,965 $2,912,917 $2,026,075 $12,920,360 $12,920,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $679,216,367 $20,893,965 $2,912,917 $2,026,075 $12,920,360 $12,920,360 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $679,216,367 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 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 MONDAY, MARCH 12, 2012 1857 TOTAL PUBLIC FUNDS $40,643,553 $40,643,553 $40,643,553 $40,643,553 248.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $19,568 $19,568 $19,568 $19,568 248.2 Reduce grant-in-aid funds for family planning special projects. State General Funds ($80,000) ($80,000) ($80,000) ($80,000) 248.3 Reduce funds to reflect the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,810,000) ($1,810,000) ($1,810,000) ($1,810,000) 248.100 -Adolescent and Adult Health Promotion Appropriation (HB 741) 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 $8,914,924 $8,914,924 $8,914,924 $8,914,924 State General Funds $3,762,485 $3,762,485 $3,762,485 $3,762,485 Tobacco Settlement Funds $5,152,439 $5,152,439 $5,152,439 $5,152,439 TOTAL FEDERAL FUNDS $29,523,197 $29,523,197 $29,523,197 $29,523,197 Federal Funds Not Itemized $17,173,639 $17,173,639 $17,173,639 $17,173,639 Maternal & Child Health Services Block Grant CFDA93.994 $187,504 $187,504 $187,504 $187,504 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $12,120,360 $12,120,360 $12,120,360 $12,120,360 Temporary Assistance for Needy Families Grant CFDA93.558 $12,120,360 $12,120,360 $12,120,360 $12,120,360 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 PUBLIC FUNDS $38,773,121 $38,773,121 $38,773,121 $38,773,121 Adult Essential Health Treatment Services Continuation Budget The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks. 1858 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 249.100 -Adult Essential Health Treatment Services Appropriation (HB 741) The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks. TOTAL STATE FUNDS $7,231,809 $7,231,809 $7,231,809 $7,231,809 State General Funds $618,560 $618,560 $618,560 $618,560 Tobacco Settlement Funds $6,613,249 $6,613,249 $6,613,249 $6,613,249 TOTAL FEDERAL FUNDS $225,197 $225,197 $225,197 $225,197 Preventive Health & Health Services Block Grant CFDA93.991 $225,197 $225,197 $225,197 $225,197 TOTAL PUBLIC FUNDS $7,457,006 $7,457,006 $7,457,006 $7,457,006 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 250.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $257,683 $257,683 $257,683 $257,683 250.2 Increase funds to reflect an adjustment in telecommunications expenses. MONDAY, MARCH 12, 2012 1859 State General Funds $266,547 $266,547 $266,547 $266,547 250.3 Increase funds for leased space to replace the Macon district public health office scheduled to be sold in FY2012. State General Funds $142,509 $142,509 $142,509 $142,509 250.100-Departmental Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $20,480,422 $20,480,422 $20,480,422 $20,480,422 State General Funds $20,348,627 $20,348,627 $20,348,627 $20,348,627 Tobacco Settlement Funds $131,795 $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $7,082,398 $7,082,398 $7,082,398 $7,082,398 Federal Funds Not Itemized $5,275,140 $5,275,140 $5,275,140 $5,275,140 Medical Assistance Program CFDA93.778 $1,807,258 $1,807,258 $1,807,258 $1,807,258 TOTAL PUBLIC FUNDS $27,562,820 $27,562,820 $27,562,820 $27,562,820 Emergency Preparedness / Trauma System Improvement Continuation Budget The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 251.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $38,293 $38,293 $38,293 $38,293 1860 JOURNAL OF THE SENATE 251.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 741) 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 $2,437,892 $2,437,892 $2,437,892 $2,437,892 State General Funds $2,437,892 $2,437,892 $2,437,892 $2,437,892 TOTAL FEDERAL FUNDS $41,063,009 $41,063,009 $41,063,009 $41,063,009 Federal Funds Not Itemized $39,943,575 $39,943,575 $39,943,575 $39,943,575 Maternal & Child Health Services Block Grant CFDA93.994 $280,000 $280,000 $280,000 $280,000 Preventive Health & Health Services Block Grant CFDA93.991 $839,434 $839,434 $839,434 $839,434 TOTAL AGENCY FUNDS $100,976 $100,976 $100,976 $100,976 Sales and Services $100,976 $100,976 $100,976 $100,976 Sales and Services Not Itemized $100,976 $100,976 $100,976 $100,976 TOTAL PUBLIC FUNDS $43,601,877 $43,601,877 $43,601,877 $43,601,877 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $3,863,497 $3,747,860 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 $3,863,497 $3,747,860 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 $3,863,497 $3,747,860 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 $3,863,497 $3,747,860 $115,637 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 252.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. MONDAY, MARCH 12, 2012 1861 State General Funds 252.2 Reduce funds for personnel. State General Funds $20,942 $20,942 $20,942 $20,942 ($183,000) ($183,000) ($183,000) ($183,000) 252.100 -Epidemiology Appropriation (HB 741) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $3,701,439 $3,701,439 $3,701,439 $3,701,439 State General Funds $3,585,802 $3,585,802 $3,585,802 $3,585,802 Tobacco Settlement Funds $115,637 $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,961,516 $4,961,516 $4,961,516 $4,961,516 Federal Funds Not Itemized $4,764,766 $4,764,766 $4,764,766 $4,764,766 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $25,156 $25,156 $25,156 $25,156 Sales and Services $25,156 $25,156 $25,156 $25,156 Sales and Services Not Itemized $25,156 $25,156 $25,156 $25,156 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,600 $17,600 $17,600 $17,600 State Funds Transfers $17,600 $17,600 $17,600 $17,600 Agency to Agency Contracts $17,600 $17,600 $17,600 $17,600 TOTAL PUBLIC FUNDS $8,705,711 $8,705,711 $8,705,711 $8,705,711 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 253.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1862 JOURNAL OF THE SENATE State General Funds 253.2 Reduce funds for operations. State General Funds $4,885 $4,885 $4,885 $4,885 ($122,000) ($122,000) ($122,000) ($122,000) 253.100 -Immunization Appropriation (HB 741) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,567,424 $2,567,424 $2,567,424 $2,567,424 State General Funds $2,567,424 $2,567,424 $2,567,424 $2,567,424 TOTAL FEDERAL FUNDS $7,549,716 $7,549,716 $7,549,716 $7,549,716 Federal Funds Not Itemized $7,049,716 $7,049,716 $7,049,716 $7,049,716 Preventive Health & Health Services Block Grant CFDA93.991 $500,000 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $10,117,140 $10,117,140 $10,117,140 $10,117,140 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 254.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $29,599 $29,599 $29,599 $29,599 MONDAY, MARCH 12, 2012 1863 254.2 Replace funds for auditory verbal therapy services. State General Funds Federal Funds Not Itemized Total Public Funds: 254.3 Reduce funds for Regional Tertiary Care center contracts. State General Funds ($137,500) $137,500 $0 ($137,500) $137,500 $0 ($137,500) $137,500 $0 ($137,500) $137,500 $0 ($150,000) ($150,000) ($150,000) ($150,000) 254.100-Infant and Child Essential Health Treatment Services Appropriation (HB 741) 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 $22,103,144 $22,103,144 $22,103,144 $22,103,144 State General Funds $22,103,144 $22,103,144 $22,103,144 $22,103,144 TOTAL FEDERAL FUNDS $26,559,457 $26,559,457 $26,559,457 $26,559,457 Federal Funds Not Itemized $18,040,975 $18,040,975 $18,040,975 $18,040,975 Maternal & Child Health Services Block Grant CFDA93.994 $8,518,482 $8,518,482 $8,518,482 $8,518,482 TOTAL AGENCY FUNDS $75,000 $75,000 $75,000 $75,000 Contributions, Donations, and Forfeitures $75,000 $75,000 $75,000 $75,000 Contributions, Donations, and Forfeitures Not Itemized $75,000 $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $48,737,601 $48,737,601 $48,737,601 $48,737,601 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 1864 JOURNAL OF THE SENATE 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 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 255.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $35,047 $35,047 $35,047 $35,047 255.2 Replace funds for the Children 1st case management program. State General Funds Maternal & Child Health Services Block Grant CFDA93.994 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 $0 255.3 Reduce grant-in-aid funds for nurse case management. State General Funds ($150,000) ($150,000) ($150,000) ($150,000) 255.4 Reduce funds to recognize the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,000,000) ($2,000,000) ($2,000,000) ($2,000,000) 255.5 Increase funds to maintain screening and home visit services for low birth weight newborns, newborns at risk of developmental delays, and cases of abuse and neglect in the Children 1st program due to the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. (CC:Transfer one-time federal funds from the Department of Early Care and Learning, Quality Initiatives program to fund the Children 1st program) State General Funds Child Care & Development Block Grant CFDA93.575 Total Public Funds: $1,200,000 $1,200,000 $0 $1,200,000 $1,200,000 MONDAY, MARCH 12, 2012 1865 255.100 -Infant and Child Health Promotion Appropriation (HB 741) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $9,009,329 $9,009,329 $10,209,329 $9,009,329 State General Funds $9,009,329 $9,009,329 $10,209,329 $9,009,329 TOTAL FEDERAL FUNDS $288,549,107 $288,549,107 $288,549,107 $289,749,107 Federal Funds Not Itemized $276,006,719 $276,006,719 $276,006,719 $276,006,719 Child Care & Development Block Grant CFDA93.575 $1,200,000 Maternal & Child Health Services Block Grant CFDA93.994 $11,623,280 $11,623,280 $11,623,280 $11,623,280 Medical Assistance Program CFDA93.778 $119,108 $119,108 $119,108 $119,108 Temporary Assistance for Needy Families $800,000 $800,000 $800,000 $800,000 Temporary Assistance for Needy Families Grant CFDA93.558 $800,000 $800,000 $800,000 $800,000 TOTAL AGENCY FUNDS $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures $49,137 $49,137 $49,137 $49,137 Contributions, Donations, and Forfeitures Not Itemized $49,137 $49,137 $49,137 $49,137 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $70,689 $70,689 $70,689 $70,689 Federal Funds Transfers $70,689 $70,689 $70,689 $70,689 FF National School Lunch Program CFDA10.555 $70,689 $70,689 $70,689 $70,689 TOTAL PUBLIC FUNDS $297,678,262 $297,678,262 $298,878,262 $298,878,262 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 TOTAL PUBLIC FUNDS $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 256.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $124,615 $124,615 $124,615 $124,615 1866 JOURNAL OF THE SENATE 256.2 Increase funds to continue routine HIV and syphilis testing. State General Funds $228,736 $228,736 $228,736 $228,736 256.100 -Infectious Disease Control Appropriation (HB 741) 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 $30,211,075 $30,211,075 $30,211,075 $30,211,075 State General Funds $30,211,075 $30,211,075 $30,211,075 $30,211,075 TOTAL FEDERAL FUNDS $60,377,072 $60,377,072 $60,377,072 $60,377,072 Federal Funds Not Itemized $60,292,583 $60,292,583 $60,292,583 $60,292,583 Maternal & Child Health Services Block Grant CFDA93.994 $84,489 $84,489 $84,489 $84,489 TOTAL PUBLIC FUNDS $90,588,147 $90,588,147 $90,588,147 $90,588,147 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 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,070,579 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,070,579 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,070,579 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $618,231 $5,070,579 257.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $37,333 $37,333 $37,333 $37,333 MONDAY, MARCH 12, 2012 1867 257.100 -Inspections and Environmental Hazard Control Appropriation (HB 741) 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 $3,518,941 $3,518,941 $3,518,941 $3,518,941 State General Funds $3,518,941 $3,518,941 $3,518,941 $3,518,941 TOTAL FEDERAL FUNDS $970,740 $970,740 $970,740 $970,740 Federal Funds Not Itemized $547,530 $547,530 $547,530 $547,530 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 $618,231 $618,231 $618,231 $618,231 Sales and Services $618,231 $618,231 $618,231 $618,231 Sales and Services Not Itemized $618,231 $618,231 $618,231 $618,231 TOTAL PUBLIC FUNDS $5,107,912 $5,107,912 $5,107,912 $5,107,912 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 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 258.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $3,454,007 $3,454,007 $3,454,007 $3,454,007 258.2 Increase funds for the first year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds $1,258,667 $1,258,667 $1,258,667 258.100 -Public Health Formula Grants to Counties Appropriation (HB 741) 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 $75,104,785 $76,363,452 $76,363,452 $76,363,452 1868 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $75,104,785 $986,551 $986,551 $76,091,336 $76,363,452 $986,551 $986,551 $77,350,003 $76,363,452 $986,551 $986,551 $77,350,003 $76,363,452 $986,551 $986,551 $77,350,003 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 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 259.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $41,186 $41,186 $41,186 $41,186 259.2 Replace funds. State General Funds Federal Funds Not Itemized Total Public Funds: ($878,896) $878,896 $0 ($878,896) $878,896 $0 ($878,896) $878,896 $0 ($878,896) $878,896 $0 259.3 Reduce funds for operations. State General Funds ($45,000) ($45,000) ($45,000) ($45,000) 259.100 -Vital Records Appropriation (HB 741) The purpose of this appropriation is to register, enter, archive and provide to the public in a timely manner, vital records and associated documents. TOTAL STATE FUNDS $2,656,269 $2,656,269 $2,656,269 $2,656,269 State General Funds $2,656,269 $2,656,269 $2,656,269 $2,656,269 MONDAY, MARCH 12, 2012 1869 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,409,576 $1,409,576 $4,065,845 $1,409,576 $1,409,576 $4,065,845 $1,409,576 $1,409,576 $4,065,845 $1,409,576 $1,409,576 $4,065,845 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 & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $1,933,708 $0 $1,933,708 $1,933,708 $1,933,708 $0 $1,933,708 $1,933,708 $1,933,708 $0 $1,933,708 $1,933,708 $1,933,708 $0 $1,933,708 $1,933,708 260.1 Increase funds for additional awards to Georgia residents with brain and spinal injuries. Brain & Spinal Injury Trust Fund $400,000 $400,000 $400,000 $400,000 260.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 741) 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 $2,333,708 $2,333,708 $2,333,708 $2,333,708 Brain & Spinal Injury Trust Fund $2,333,708 $2,333,708 $2,333,708 $2,333,708 TOTAL PUBLIC FUNDS $2,333,708 $2,333,708 $2,333,708 $2,333,708 Georgia Trauma Care Network Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 261.1 Reduce funds to reflect revised revenue projections for Super Speeder and license reinstatement fees. State General Funds ($1,719,682) ($1,719,682) ($1,719,682) ($1,719,682) 1870 JOURNAL OF THE SENATE 261.100-Georgia Trauma Care Network Commission Appropriation (HB 741) 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 $15,937,214 $15,937,214 $15,937,214 $15,937,214 State General Funds $15,937,214 $15,937,214 $15,937,214 $15,937,214 TOTAL PUBLIC FUNDS $15,937,214 $15,937,214 $15,937,214 $15,937,214 Section 38: Public Safety, Department of 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $112,065,614 $112,065,614 $112,065,614 $112,065,614 $112,065,614 $112,065,614 $38,498,171 $38,498,171 $38,498,171 $38,498,171 $38,498,171 $38,498,171 $22,209,331 $22,209,331 $22,209,331 $4,871 $4,871 $4,871 $4,871 $4,871 $4,871 $11,897,999 $11,897,999 $11,897,999 $11,897,999 $11,897,999 $11,897,999 $234,757 $234,757 $234,757 $234,757 $234,757 $234,757 $9,419,304 $9,419,304 $9,419,304 $9,419,304 $9,419,304 $9,419,304 $652,400 $652,400 $652,400 $652,400 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $1,133,750 $1,133,750 $1,133,750 $1,133,750 $1,133,750 $1,133,750 $173,906,866 $173,906,866 $173,906,866 $112,065,614 $112,065,614 $38,498,171 $38,498,171 $22,209,331 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,419,304 $9,419,304 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Section Total - Final $114,525,596 $114,890,463 $114,525,596 $114,890,463 $38,498,171 $38,498,171 $114,890,463 $114,890,463 $38,498,171 $114,890,463 $114,890,463 $38,498,171 MONDAY, MARCH 12, 2012 1871 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,405,062 $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,769,929 $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,769,929 $38,498,171 $22,247,545 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,457,518 $9,457,518 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $176,769,929 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 262.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. 1872 JOURNAL OF THE SENATE State General Funds $26,721 $26,721 $26,721 $26,721 262.2 Increase funds to reflect an Executive Order to transfer nine months funding and six positions from the Georgia Aviation Authority. State General Funds $958,755 $958,755 $958,755 $958,755 262.100 -Aviation Appropriation (HB 741) The purpose of this appropriation is to provide aerial support for search and rescue missions and search and apprehension missions in criminal pursuits within the State of Georgia; to provide transport flights to conduct state business, for emergency medical organ transport, and to support local and federal agencies in public safety efforts with aerial surveillance and observation. TOTAL STATE FUNDS $2,548,707 $2,548,707 $2,548,707 $2,548,707 State General Funds $2,548,707 $2,548,707 $2,548,707 $2,548,707 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $174,000 $174,000 $174,000 $174,000 Sales and Services $174,000 $174,000 $174,000 $174,000 Sales and Services Not Itemized $174,000 $174,000 $174,000 $174,000 TOTAL PUBLIC FUNDS $2,922,707 $2,922,707 $2,922,707 $2,922,707 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 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 MONDAY, MARCH 12, 2012 1873 263.100 -Capitol Police Services Appropriation (HB 741) 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 264.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $108,140 $108,140 $108,140 $108,140 264.2 Reduce funds by holding two positions vacant in FY2012. State General Funds ($64,867) $0 $0 $0 1874 JOURNAL OF THE SENATE 264.100-Departmental Administration Appropriation (HB 741) 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 $8,038,199 $8,103,066 $8,103,066 $8,103,066 State General Funds $8,038,199 $8,103,066 $8,103,066 $8,103,066 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 $110,010 $110,010 $110,010 $110,010 Rebates, Refunds, and Reimbursements $6,500 $6,500 $6,500 $6,500 Rebates, Refunds, and Reimbursements Not Itemized $6,500 $6,500 $6,500 $6,500 Sales and Services $103,510 $103,510 $103,510 $103,510 Sales and Services Not Itemized $103,510 $103,510 $103,510 $103,510 TOTAL PUBLIC FUNDS $8,289,780 $8,354,647 $8,354,647 $8,354,647 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 265.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,635 $27,635 $27,635 $27,635 265.100 -Executive Security Services Appropriation (HB 741) 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. MONDAY, MARCH 12, 2012 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 1875 $1,568,670 $1,568,670 $54,000 $54,000 $54,000 $1,622,670 $1,568,670 $1,568,670 $54,000 $54,000 $54,000 $1,622,670 $1,568,670 $1,568,670 $54,000 $54,000 $54,000 $1,622,670 $1,568,670 $1,568,670 $54,000 $54,000 $54,000 $1,622,670 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 Federal Funds Not Itemized 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 266.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $1,103,531 $1,103,531 $1,103,531 $1,103,531 1876 JOURNAL OF THE SENATE 266.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $654,680 266.3 Increase funds for the increased fuel costs for Trooper patrol vehicles. State General Funds $200,000 $654,680 $500,000 $654,680 $500,000 $654,680 $500,000 266.100-Field Offices and Services Appropriation (HB 741) 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 $75,535,649 $75,835,649 $75,835,649 $75,835,649 State General Funds $75,535,649 $75,835,649 $75,835,649 $75,835,649 TOTAL FEDERAL FUNDS $12,592,428 $12,592,428 $12,592,428 $12,592,428 Federal Funds Not Itemized $12,592,428 $12,592,428 $12,592,428 $12,592,428 TOTAL AGENCY FUNDS $6,372,400 $6,372,400 $6,372,400 $6,372,400 Intergovernmental Transfers $5,000,000 $5,000,000 $5,000,000 $5,000,000 Intergovernmental Transfers Not Itemized $5,000,000 $5,000,000 $5,000,000 $5,000,000 Rebates, Refunds, and Reimbursements $170,000 $170,000 $170,000 $170,000 Rebates, Refunds, and Reimbursements Not Itemized $170,000 $170,000 $170,000 $170,000 Sales and Services $550,000 $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 $550,000 Sanctions, Fines, and Penalties $652,400 $652,400 $652,400 $652,400 Sanctions, Fines, and Penalties Not Itemized $652,400 $652,400 $652,400 $652,400 TOTAL PUBLIC FUNDS $94,500,477 $94,800,477 $94,800,477 $94,800,477 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 $9,621,843 $9,621,843 $9,621,843 $9,621,843 MONDAY, MARCH 12, 2012 1877 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 $6,451,970 $22,831,813 $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 $6,451,970 $22,831,813 $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 $6,451,970 $22,831,813 $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 $6,451,970 $22,831,813 267.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $146,186 $146,186 $146,186 $146,186 267.2 Reduce funds for civilian weighmasters due to delay in hiring. State General Funds ($750,000) ($750,000) ($750,000) ($750,000) 267.100-Motor Carrier Compliance Appropriation (HB 741) 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 $9,018,029 $9,018,029 $9,018,029 $9,018,029 State General Funds $9,018,029 $9,018,029 $9,018,029 $9,018,029 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 Rebates, Refunds, and Reimbursements $58,257 $58,257 $58,257 $58,257 Rebates, Refunds, and Reimbursements Not Itemized $58,257 $58,257 $58,257 $58,257 Sales and Services $6,451,970 $6,451,970 $6,451,970 $6,451,970 Sales and Services Not Itemized $6,451,970 $6,451,970 $6,451,970 $6,451,970 TOTAL PUBLIC FUNDS $22,227,999 $22,227,999 $22,227,999 $22,227,999 1878 JOURNAL OF THE SENATE 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 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 268.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $59,696 $59,696 $59,696 $59,696 268.100-Specialized Collision Reconstruction Team Appropriation (HB 741) 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 $3,208,912 $3,208,912 $3,208,912 $3,208,912 State General Funds $3,208,912 $3,208,912 $3,208,912 $3,208,912 TOTAL PUBLIC FUNDS $3,208,912 $3,208,912 $3,208,912 $3,208,912 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 269.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $22,971 $22,971 $22,971 $22,971 MONDAY, MARCH 12, 2012 1879 269.100 -Troop J Specialty Units Appropriation (HB 741) 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 $1,482,705 $1,482,705 $1,482,705 $1,482,705 State General Funds $1,482,705 $1,482,705 $1,482,705 $1,482,705 TOTAL PUBLIC FUNDS $1,482,705 $1,482,705 $1,482,705 $1,482,705 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 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 270.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $11,587 $11,587 $11,587 $11,587 270.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 741) 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 $635,687 $635,687 $635,687 $635,687 State General Funds $635,687 $635,687 $635,687 $635,687 TOTAL PUBLIC FUNDS $635,687 $635,687 $635,687 $635,687 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. 1880 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,910,716 $1,910,716 $50,247 $50,247 $50,247 $1,960,963 $1,910,716 $1,910,716 $50,247 $50,247 $50,247 $1,960,963 $1,910,716 $1,910,716 $50,247 $50,247 $50,247 $1,960,963 $1,910,716 $1,910,716 $50,247 $50,247 $50,247 $1,960,963 271.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,463 $27,463 $27,463 $27,463 271.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $6,223 $6,223 $6,223 $6,223 271.3 Replace funds. State General Funds Sales and Services Not Itemized Total Public Funds: ($38,214) $38,214 $0 ($38,214) $38,214 $0 ($38,214) $38,214 $0 ($38,214) $38,214 $0 271.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 741) 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 $1,906,188 $1,906,188 $1,906,188 $1,906,188 State General Funds $1,906,188 $1,906,188 $1,906,188 $1,906,188 TOTAL AGENCY FUNDS $88,461 $88,461 $88,461 $88,461 Sales and Services $88,461 $88,461 $88,461 $88,461 Sales and Services Not Itemized $88,461 $88,461 $88,461 $88,461 TOTAL PUBLIC FUNDS $1,994,649 $1,994,649 $1,994,649 $1,994,649 MONDAY, MARCH 12, 2012 1881 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 272.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $149,673 $149,673 $149,673 $149,673 272.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $634 $634 $634 $634 272.3 Reduce funds for operations. State General Funds ($73,520) ($73,520) ($73,520) ($73,520) 272.4 Reduce funds by eliminating all instructor positions at Augusta Police Force Academy effective January 1, 2012. State General Funds ($97,044) ($97,044) ($97,044) ($97,044) 272.5 Reduce funds for Augusta Police Academy operations. State General Funds ($100) ($100) ($100) ($100) 1882 JOURNAL OF THE SENATE 272.100 -Public Safety Training Center, Georgia Appropriation (HB 741) 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 $10,226,594 $10,226,594 $10,226,594 $10,226,594 State General Funds $10,226,594 $10,226,594 $10,226,594 $10,226,594 TOTAL FEDERAL FUNDS $1,778,300 $1,778,300 $1,778,300 $1,778,300 Federal Funds Not Itemized $1,778,300 $1,778,300 $1,778,300 $1,778,300 TOTAL AGENCY FUNDS $1,974,014 $1,974,014 $1,974,014 $1,974,014 Sales and Services $1,974,014 $1,974,014 $1,974,014 $1,974,014 Sales and Services Not Itemized $1,974,014 $1,974,014 $1,974,014 $1,974,014 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $122,760 $122,760 $122,760 $122,760 State Funds Transfers $122,760 $122,760 $122,760 $122,760 Agency to Agency Contracts $122,760 $122,760 $122,760 $122,760 TOTAL PUBLIC FUNDS $14,101,668 $14,101,668 $14,101,668 $14,101,668 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 MONDAY, MARCH 12, 2012 1883 273.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $8,654 $8,654 $8,654 $8,654 273.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($21,294) ($21,294) ($21,294) ($21,294) 273.3 Reduce funds for personnel to reflect savings due to attrition. State General Funds ($7,528) ($7,528) ($7,528) ($7,528) 273.100 -Highway Safety, Office of Appropriation (HB 741) 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 $356,256 $356,256 $356,256 $356,256 State General Funds $356,256 $356,256 $356,256 $356,256 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 $66,434 $66,434 $66,434 $66,434 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 $61,563 $61,563 $61,563 $61,563 Sales and Services Not Itemized $61,563 $61,563 $61,563 $61,563 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 Agency to Agency Contracts $1,010,990 $1,010,990 $1,010,990 $1,010,990 TOTAL PUBLIC FUNDS $18,519,809 $18,519,809 $18,519,809 $18,519,809 Section 39: Public Service Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Section Total - Continuation $7,974,361 $7,974,361 $7,974,361 $7,974,361 $7,974,361 $7,974,361 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $7,974,361 $7,974,361 $1,541,721 $1,541,721 1884 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $70,160 $70,160 $70,160 $9,586,242 $70,160 $70,160 $70,160 $9,586,242 $70,160 $70,160 $70,160 $9,586,242 $70,160 $70,160 $70,160 $9,586,242 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 Section Total - Final $7,963,990 $7,963,990 $7,963,990 $7,963,990 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $86,898 $86,898 $86,898 $86,898 $86,898 $86,898 $9,592,609 $9,592,609 $7,963,990 $7,963,990 $1,541,721 $1,541,721 $86,898 $86,898 $86,898 $9,592,609 $7,963,990 $7,963,990 $1,541,721 $1,541,721 $86,898 $86,898 $86,898 $9,592,609 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 274.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $19,800 $19,800 $19,800 $19,800 274.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,877 $2,877 $2,877 $2,877 MONDAY, MARCH 12, 2012 1885 274.3 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($16,738) $16,738 $0 ($16,738) $16,738 $0 ($16,738) $16,738 $0 ($16,738) $16,738 $0 274.100-Commission Administration Appropriation (HB 741) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,078,974 $1,078,974 $1,078,974 $1,078,974 State General Funds $1,078,974 $1,078,974 $1,078,974 $1,078,974 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 $83,500 Federal Funds Not Itemized $83,500 $83,500 $83,500 $83,500 TOTAL AGENCY FUNDS $86,898 $86,898 $86,898 $86,898 Sales and Services $86,898 $86,898 $86,898 $86,898 Sales and Services Not Itemized $86,898 $86,898 $86,898 $86,898 TOTAL PUBLIC FUNDS $1,249,372 $1,249,372 $1,249,372 $1,249,372 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 $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 275.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,270 $27,270 $27,270 $27,270 275.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,204 $4,204 $4,204 $4,204 1886 JOURNAL OF THE SENATE 275.100 -Facility Protection Appropriation (HB 741) 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 $953,639 $953,639 $953,639 $953,639 State General Funds $953,639 $953,639 $953,639 $953,639 TOTAL FEDERAL FUNDS $1,188,246 $1,188,246 $1,188,246 $1,188,246 Federal Funds Not Itemized $1,188,246 $1,188,246 $1,188,246 $1,188,246 TOTAL PUBLIC FUNDS $2,141,885 $2,141,885 $2,141,885 $2,141,885 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 276.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $96,657 $96,657 $96,657 $96,657 276.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $15,046 $15,046 $15,046 $15,046 276.3 Reduce funds for personnel. State General Funds ($159,487) ($159,487) ($159,487) ($159,487) MONDAY, MARCH 12, 2012 1887 276.100 -Utilities Regulation Appropriation (HB 741) 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 $5,931,377 $5,931,377 $5,931,377 $5,931,377 State General Funds $5,931,377 $5,931,377 $5,931,377 $5,931,377 TOTAL FEDERAL FUNDS $269,975 $269,975 $269,975 $269,975 Federal Funds Not Itemized $269,975 $269,975 $269,975 $269,975 TOTAL PUBLIC FUNDS $6,201,352 $6,201,352 $6,201,352 $6,201,352 Section 40: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 $4,353,668,931 $4,353,668,931 $4,353,668,931 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $2,080,815,473 $2,080,815,473 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $216,849,363 $216,849,363 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $2,052,378,285 $2,052,378,285 $2,052,378,285 $2,052,378,285 $6,092,583,950 $6,092,583,950 $6,092,583,950 $1,738,915,019 $1,738,915,019 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,092,583,950 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Section Total - Final $1,704,966,581 $1,704,966,581 $1,704,966,581 $1,704,966,581 $4,353,668,931 $4,353,668,931 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $1,704,966,581 $1,704,966,581 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $1,704,966,581 $1,704,966,581 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 1888 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,058,635,512 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 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 277.1 Reduce funds for personnel. State General Funds ($214,068) ($214,068) ($214,068) ($214,068) 277.100-Agricultural Experiment Station Appropriation (HB 741) 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 $33,844,114 $33,844,114 $33,844,114 $33,844,114 State General Funds $33,844,114 $33,844,114 $33,844,114 $33,844,114 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 $22,000,000 MONDAY, MARCH 12, 2012 1889 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,397,033 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,397,033 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,397,033 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,397,033 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 $4,944,522 278.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 741) 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $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 State General Funds TOTAL AGENCY FUNDS $28,589,236 $28,589,236 $25,083,929 $28,589,236 $28,589,236 $25,083,929 $28,589,236 $28,589,236 $25,083,929 $28,589,236 $28,589,236 $25,083,929 1890 JOURNAL OF THE SENATE 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 279.1 Reduce funds for personnel. State General Funds $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 ($362,657) ($362,657) ($362,657) ($362,657) 279.100 -Cooperative Extension Service Appropriation (HB 741) 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 $28,226,579 $28,226,579 $28,226,579 $28,226,579 State General Funds $28,226,579 $28,226,579 $28,226,579 $28,226,579 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $13,000,000 $13,000,000 $13,000,000 $13,000,000 Intergovernmental Transfers Not Itemized $13,000,000 $13,000,000 $13,000,000 $13,000,000 Rebates, Refunds, and Reimbursements $7,875,069 $7,875,069 $7,875,069 $7,875,069 Rebates, Refunds, and Reimbursements Not Itemized $7,875,069 $7,875,069 $7,875,069 $7,875,069 Sales and Services $4,208,860 $4,208,860 $4,208,860 $4,208,860 Sales and Services Not Itemized $4,208,860 $4,208,860 $4,208,860 $4,208,860 TOTAL PUBLIC FUNDS $53,310,508 $53,310,508 $53,310,508 $53,310,508 Enterprise Innovation 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 $7,483,572 $7,483,572 $10,475,000 $7,483,572 $7,483,572 $10,475,000 $7,483,572 $7,483,572 $10,475,000 $7,483,572 $7,483,572 $10,475,000 MONDAY, MARCH 12, 2012 1891 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 280.1 Reduce funds for personnel and operations. State General Funds $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 ($149,671) ($149,671) ($149,671) ($149,671) 280.100 -Enterprise Innovation Institute Appropriation (HB 741) 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 $7,333,901 $7,333,901 $7,333,901 $7,333,901 State General Funds $7,333,901 $7,333,901 $7,333,901 $7,333,901 TOTAL AGENCY FUNDS $10,475,000 $10,475,000 $10,475,000 $10,475,000 Intergovernmental Transfers $7,875,000 $7,875,000 $7,875,000 $7,875,000 Intergovernmental Transfers Not Itemized $7,875,000 $7,875,000 $7,875,000 $7,875,000 Rebates, Refunds, and Reimbursements $1,100,000 $1,100,000 $1,100,000 $1,100,000 Rebates, Refunds, and Reimbursements Not Itemized $1,100,000 $1,100,000 $1,100,000 $1,100,000 Sales and Services $1,500,000 $1,500,000 $1,500,000 $1,500,000 Sales and Services Not Itemized $1,500,000 $1,500,000 $1,500,000 $1,500,000 TOTAL PUBLIC FUNDS $17,808,901 $17,808,901 $17,808,901 $17,808,901 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 $507,349 $507,349 $500,000 $507,349 $507,349 $500,000 $507,349 $507,349 $500,000 $507,349 $507,349 $500,000 1892 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS 281.1 Reduce funds for personnel. State General Funds $475,988 $475,988 $24,012 $24,012 $1,007,349 $475,988 $475,988 $24,012 $24,012 $1,007,349 $475,988 $475,988 $24,012 $24,012 $1,007,349 $475,988 $475,988 $24,012 $24,012 $1,007,349 ($10,147) ($10,147) ($10,147) ($10,147) 281.100 -Forestry Cooperative Extension Appropriation (HB 741) 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 $497,202 $497,202 $497,202 $497,202 State General Funds $497,202 $497,202 $497,202 $497,202 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 $500,000 Intergovernmental Transfers $475,988 $475,988 $475,988 $475,988 Intergovernmental Transfers Not Itemized $475,988 $475,988 $475,988 $475,988 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 $997,202 $997,202 $997,202 $997,202 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 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 MONDAY, MARCH 12, 2012 1893 282.100-Forestry Research Appropriation (HB 741) 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 $2,523,601 $2,523,601 $2,523,601 $2,523,601 State General Funds $2,523,601 $2,523,601 $2,523,601 $2,523,601 TOTAL AGENCY FUNDS $8,950,426 $8,950,426 $8,950,426 $8,950,426 Intergovernmental Transfers $8,000,000 $8,000,000 $8,000,000 $8,000,000 Intergovernmental Transfers Not Itemized $8,000,000 $8,000,000 $8,000,000 $8,000,000 Sales and Services $950,426 $950,426 $950,426 $950,426 Sales and Services Not Itemized $950,426 $950,426 $950,426 $950,426 TOTAL PUBLIC FUNDS $11,474,027 $11,474,027 $11,474,027 $11,474,027 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 $3,625,810 283.100-Georgia Radiation Therapy Center Appropriation (HB 741) 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 1894 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 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 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $13,715,113 $229,640,314 284.1 Reduce funds for operations. State General Funds ($114,447) ($114,447) ($114,447) ($114,447) 284.100-Georgia Tech Research Institute Appropriation (HB 741) 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 $5,607,909 $5,607,909 $5,607,909 $5,607,909 State General Funds $5,607,909 $5,607,909 $5,607,909 $5,607,909 TOTAL AGENCY FUNDS $223,917,958 $223,917,958 $223,917,958 $223,917,958 Intergovernmental Transfers $141,469,736 $141,469,736 $141,469,736 $141,469,736 Intergovernmental Transfers Not Itemized $141,469,736 $141,469,736 $141,469,736 $141,469,736 Rebates, Refunds, and Reimbursements $68,733,109 $68,733,109 $68,733,109 $68,733,109 Rebates, Refunds, and Reimbursements Not Itemized $68,733,109 $68,733,109 $68,733,109 $68,733,109 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 $229,525,867 $229,525,867 $229,525,867 $229,525,867 MONDAY, MARCH 12, 2012 1895 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 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 285.1 Reduce funds for operations. State General Funds ($14,370) ($14,370) ($14,370) ($14,370) 285.100 -Marine Institute Appropriation (HB 741) 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 $704,136 $704,136 $704,136 $704,136 State General Funds $704,136 $704,136 $704,136 $704,136 TOTAL AGENCY FUNDS $486,281 $486,281 $486,281 $486,281 Intergovernmental Transfers $367,648 $367,648 $367,648 $367,648 Intergovernmental Transfers Not Itemized $367,648 $367,648 $367,648 $367,648 Rebates, Refunds, and Reimbursements $118,633 $118,633 $118,633 $118,633 Rebates, Refunds, and Reimbursements Not Itemized $118,633 $118,633 $118,633 $118,633 TOTAL PUBLIC FUNDS $1,190,417 $1,190,417 $1,190,417 $1,190,417 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 $1,180,737 $1,180,737 $1,180,737 $1,180,737 1896 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 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 286.100 -Marine Resources Extension Center Appropriation (HB 741) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,180,737 $1,180,737 $1,180,737 $1,180,737 State General Funds $1,180,737 $1,180,737 $1,180,737 $1,180,737 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 $2,526,266 $2,526,266 $2,526,266 $2,526,266 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 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 287.1 Reduce funds for personnel. State General Funds ($583,453) ($583,453) ($583,453) ($583,453) MONDAY, MARCH 12, 2012 1897 287.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 741) 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 $28,589,189 $28,589,189 $28,589,189 $28,589,189 State General Funds $28,589,189 $28,589,189 $28,589,189 $28,589,189 TOTAL PUBLIC FUNDS $28,589,189 $28,589,189 $28,589,189 $28,589,189 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 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 288.1 Reduce funds for personnel and operations. State General Funds ($644,965) ($644,965) ($644,965) ($644,965) 288.100 -Public Libraries Appropriation (HB 741) 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 $31,603,280 $31,603,280 $31,603,280 $31,603,280 State General Funds $31,603,280 $31,603,280 $31,603,280 $31,603,280 TOTAL AGENCY FUNDS $5,222,400 $5,222,400 $5,222,400 $5,222,400 Intergovernmental Transfers $5,222,400 $5,222,400 $5,222,400 $5,222,400 Intergovernmental Transfers Not Itemized $5,222,400 $5,222,400 $5,222,400 $5,222,400 TOTAL PUBLIC FUNDS $36,825,680 $36,825,680 $36,825,680 $36,825,680 1898 JOURNAL OF THE SENATE 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 TOTAL PUBLIC FUNDS $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 289.1 Reduce funds for personnel and operations. State General Funds ($238,927) ($238,927) ($238,927) ($238,927) 289.100 -Public Service / Special Funding Initiatives Appropriation (HB 741) 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 $11,707,447 $11,707,447 $11,707,447 $11,707,447 State General Funds $11,707,447 $11,707,447 $11,707,447 $11,707,447 TOTAL PUBLIC FUNDS $11,707,447 $11,707,447 $11,707,447 $11,707,447 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 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 290.1 Reduce funds for personnel. State General Funds ($89,708) ($89,708) ($89,708) ($89,708) 290.2 Reduce funds to the Southern Regional Education Board (SREB) to reflect the actual contract amount for slots in the Regional Contract and Doctoral Scholars program. State General Funds ($7,426) ($7,426) ($7,426) ($7,426) MONDAY, MARCH 12, 2012 1899 290.100 -Regents Central Office Appropriation (HB 741) 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 $5,499,726 $5,499,726 $5,499,726 $5,499,726 State General Funds $5,499,726 $5,499,726 $5,499,726 $5,499,726 TOTAL PUBLIC FUNDS $5,499,726 $5,499,726 $5,499,726 $5,499,726 Research Consortium Continuation Budget The purpose of this appropriation is to support research and development activities at Georgia's research universities to further strategic industries in the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 291.1 Reduce funds for personnel and operations. State General Funds ($128,434) ($128,434) ($128,434) ($128,434) 291.99 Amendment: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. Senate: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. House: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. Governor: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. State General Funds $0 $0 $0 $0 291.100-Research Consortium Appropriation (HB 741) The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. TOTAL STATE FUNDS $6,293,244 $6,293,244 $6,293,244 $6,293,244 1900 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 292.1 Reduce funds for personnel. State General Funds ($24,602) ($24,602) ($24,602) ($24,602) 292.100 -Skidaway Institute of Oceanography Appropriation (HB 741) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,205,499 $1,205,499 $1,205,499 $1,205,499 State General Funds $1,205,499 $1,205,499 $1,205,499 $1,205,499 TOTAL AGENCY FUNDS $3,550,000 $3,550,000 $3,550,000 $3,550,000 Intergovernmental Transfers $2,650,000 $2,650,000 $2,650,000 $2,650,000 Intergovernmental Transfers Not Itemized $2,650,000 $2,650,000 $2,650,000 $2,650,000 Rebates, Refunds, and Reimbursements $550,000 $550,000 $550,000 $550,000 Rebates, Refunds, and Reimbursements Not Itemized $550,000 $550,000 $550,000 $550,000 Sales and Services $350,000 $350,000 $350,000 $350,000 Sales and Services Not Itemized $350,000 $350,000 $350,000 $350,000 TOTAL PUBLIC FUNDS $4,755,499 $4,755,499 $4,755,499 $4,755,499 MONDAY, MARCH 12, 2012 1901 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 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 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 293.1 Reduce funds for personnel and operations. State General Funds ($31,075,810) ($31,075,810) ($31,075,810) ($31,075,810) 293.100 -Teaching Appropriation (HB 741) 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 $1,522,714,719 $1,522,714,719 $1,522,714,719 $1,522,714,719 State General Funds $1,522,714,719 $1,522,714,719 $1,522,714,719 $1,522,714,719 TOTAL AGENCY FUNDS $4,018,392,206 $4,018,392,206 $4,018,392,206 $4,018,392,206 Intergovernmental Transfers $1,874,210,179 $1,874,210,179 $1,874,210,179 $1,874,210,179 Intergovernmental Transfers Not Itemized $1,874,210,179 $1,874,210,179 $1,874,210,179 $1,874,210,179 Rebates, Refunds, and Reimbursements $132,899,510 $132,899,510 $132,899,510 $132,899,510 Rebates, Refunds, and Reimbursements Not Itemized $132,899,510 $132,899,510 $132,899,510 $132,899,510 Sales and Services $2,011,282,517 $2,011,282,517 $2,011,282,517 $2,011,282,517 Sales and Services Not Itemized $2,011,282,517 $2,011,282,517 $2,011,282,517 $2,011,282,517 TOTAL PUBLIC FUNDS $5,541,106,925 $5,541,106,925 $5,541,106,925 $5,541,106,925 1902 JOURNAL OF THE SENATE 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 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 294.1 Reduce funds for personnel. State General Funds ($23,383) ($23,383) ($23,383) ($23,383) 294.100 -Veterinary Medicine Experiment Station Appropriation (HB 741) 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 $2,519,490 $2,519,490 $2,519,490 $2,519,490 State General Funds $2,519,490 $2,519,490 $2,519,490 $2,519,490 TOTAL PUBLIC FUNDS $2,519,490 $2,519,490 $2,519,490 $2,519,490 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 $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 $433,774 $433,774 $9,621,951 $9,621,951 $9,621,951 $10,055,725 MONDAY, MARCH 12, 2012 1903 295.1 Reduce funds for personnel. State General Funds ($8,675) ($8,675) ($8,675) ($8,675) 295.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 741) 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 $425,099 $425,099 $425,099 $425,099 State General Funds $425,099 $425,099 $425,099 $425,099 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 $10,047,050 $10,047,050 $10,047,050 $10,047,050 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 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 296.1 Reduce funds for the Prep School. State General Funds ($32,024) ($32,024) ($32,024) ($32,024) 296.2 Reduce funds for the Junior College. State General Funds ($14,318) ($14,318) ($14,318) ($14,318) 296.100 -Payments to Georgia Military College Appropriation (HB 741) 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. 1904 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 $2,270,765 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 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 297.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $86,273 $86,273 $86,273 $86,273 297.2 Reduce funds by eliminating one full-time position and one part-time position due to agency reorganization. State General Funds ($154,327) ($154,327) ($154,327) ($154,327) 297.3 Reduce funds for operations. State General Funds ($58,739) ($58,739) ($58,739) ($58,739) 297.4 Reduce funds for employee parking spaces. State General Funds ($34,560) ($34,560) ($34,560) ($34,560) 297.5 Eliminate funds to broadcast the Georgia Music Hall of Fame Awards Show added in HB78 (FY2012 General). State General Funds ($50,000) ($50,000) ($50,000) ($50,000) 297.100 -Payments to Public Telecommunications Commission, Georgia Appropriation (HB 741) 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 $12,219,944 $12,219,944 $12,219,944 $12,219,944 MONDAY, MARCH 12, 2012 1905 State General Funds TOTAL PUBLIC FUNDS Section 41: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services $12,219,944 $12,219,944 $12,219,944 $12,219,944 $12,219,944 $12,219,944 $12,219,944 $12,219,944 Section Total - Continuation $130,200,769 $130,200,769 $130,200,769 $130,050,769 $130,050,769 $130,050,769 $150,000 $150,000 $150,000 $187,422 $187,422 $187,422 $187,422 $187,422 $187,422 $35,194,544 $35,194,544 $35,194,544 $447,580 $447,580 $447,580 $447,580 $447,580 $447,580 $33,886,964 $33,886,964 $33,886,964 $6,500,000 $6,500,000 $6,500,000 $27,386,964 $27,386,964 $27,386,964 $860,000 $860,000 $860,000 $860,000 $860,000 $860,000 $191,507 $191,507 $191,507 $191,507 $191,507 $191,507 $191,507 $191,507 $191,507 $165,774,242 $165,774,242 $165,774,242 $130,200,769 $130,050,769 $150,000 $187,422 $187,422 $35,194,544 $447,580 $447,580 $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $191,507 $191,507 $191,507 $165,774,242 Section Total - Final $131,089,497 $134,819,219 $130,939,497 $134,669,219 $150,000 $150,000 $187,422 $187,422 $187,422 $187,422 $35,580,839 $35,194,544 $447,580 $447,580 $447,580 $447,580 $34,273,259 $33,886,964 $137,692,674 $137,542,674 $150,000 $187,422 $187,422 $35,194,544 $447,580 $447,580 $33,886,964 $133,944,674 $133,794,674 $150,000 $187,422 $187,422 $37,694,544 $2,947,580 $2,947,580 $33,886,964 1906 JOURNAL OF THE SENATE Fees Retained for License Plate Production Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $6,500,000 $27,773,259 $860,000 $860,000 $239,507 $239,507 $239,507 $167,097,265 $6,500,000 $27,386,964 $860,000 $860,000 $239,507 $239,507 $239,507 $170,440,692 $6,500,000 $27,386,964 $860,000 $860,000 $239,507 $239,507 $239,507 $173,314,147 $6,500,000 $27,386,964 $860,000 $860,000 $239,507 $239,507 $239,507 $172,066,147 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 298.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $119,451 $119,451 $119,451 $119,451 298.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($335,675) $0 $225,000 $225,000 298.3 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $288,000 $288,000 $288,000 $288,000 MONDAY, MARCH 12, 2012 1907 298.4 Increase funds to assist with workload demands. State General Funds $773,756 $773,756 298.100-Customer Service Appropriation (HB 741) 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 $14,350,408 $14,686,083 $15,684,839 $15,684,839 State General Funds $14,350,408 $14,686,083 $15,684,839 $15,684,839 TOTAL AGENCY FUNDS $350,580 $350,580 $350,580 $350,580 Intergovernmental Transfers $225,580 $225,580 $225,580 $225,580 Intergovernmental Transfers Not Itemized $225,580 $225,580 $225,580 $225,580 Sales and Services $125,000 $125,000 $125,000 $125,000 Sales and Services Not Itemized $125,000 $125,000 $125,000 $125,000 TOTAL PUBLIC FUNDS $14,700,988 $15,036,663 $16,035,419 $16,035,419 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 299.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $88,358 $88,358 $88,358 $88,358 1908 JOURNAL OF THE SENATE 299.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($74,594) $0 $50,000 $50,000 299.3 Reduce funds for personnel due to attrition. State General Funds ($160,000) ($160,000) ($160,000) ($160,000) 299.100-Departmental Administration Appropriation (HB 741) 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 $7,538,552 $7,613,146 $7,663,146 $7,663,146 State General Funds $7,538,552 $7,613,146 $7,663,146 $7,663,146 TOTAL AGENCY FUNDS $484,210 $484,210 $484,210 $484,210 Sales and Services $424,210 $424,210 $424,210 $424,210 Sales and Services Not Itemized $424,210 $424,210 $424,210 $424,210 Sanctions, Fines, and Penalties $60,000 $60,000 $60,000 $60,000 Sanctions, Fines, and Penalties Not Itemized $60,000 $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $8,022,762 $8,097,356 $8,147,356 $8,147,356 Forest Land Protection Grants Continuation Budget The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 300.1 Reduce funds to meet actual expenditures. State General Funds ($400,301) ($400,301) MONDAY, MARCH 12, 2012 1909 300.100 -Forest Land Protection Grants Appropriation (HB 741) The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session. TOTAL STATE FUNDS $14,584,551 $14,584,551 $14,184,250 $14,184,250 State General Funds $14,584,551 $14,584,551 $14,184,250 $14,184,250 TOTAL PUBLIC FUNDS $14,584,551 $14,584,551 $14,184,250 $14,184,250 Fraud Detection and Prevention Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 $0 $0 301.1 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. (CC:Recognize mid-year start) State General Funds $4,900,000 $4,900,000 $4,900,000 $3,652,000 301.99 Amendment: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. Senate: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. House: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. Governor: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. State General Funds $0 $0 $0 $0 301.100 -Fraud Detection and Prevention Appropriation (HB 741) The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. TOTAL STATE FUNDS $4,900,000 $4,900,000 $4,900,000 $3,652,000 State General Funds $4,900,000 $4,900,000 $4,900,000 $3,652,000 TOTAL PUBLIC FUNDS $4,900,000 $4,900,000 $4,900,000 $3,652,000 1910 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 State General Funds Tobacco Settlement 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 302.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $45,544 $45,544 $45,544 $45,544 302.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($37,297) $0 $25,000 $25,000 302.3 Reduce funds for two vacant agent positions. State General Funds ($43,800) ($43,800) ($43,800) ($43,800) 302.4 Replace funds for personnel. State General Funds ($48,000) ($48,000) ($48,000) ($48,000) MONDAY, MARCH 12, 2012 1911 Agency to Agency Contracts Total Public Funds: $48,000 $0 $48,000 $0 $48,000 $0 $48,000 $0 302.100 -Industry Regulation Appropriation (HB 741) 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 $2,705,415 $2,742,712 $2,767,712 $2,767,712 State General Funds $2,555,415 $2,592,712 $2,617,712 $2,617,712 Tobacco Settlement Funds $150,000 $150,000 $150,000 $150,000 TOTAL FEDERAL FUNDS $187,422 $187,422 $187,422 $187,422 Federal Funds Not Itemized $187,422 $187,422 $187,422 $187,422 TOTAL AGENCY FUNDS $2,696,996 $2,696,996 $2,696,996 $2,696,996 Sales and Services $2,196,996 $2,196,996 $2,196,996 $2,196,996 Sales and Services Not Itemized $2,196,996 $2,196,996 $2,196,996 $2,196,996 Sanctions, Fines, and Penalties $500,000 $500,000 $500,000 $500,000 Sanctions, Fines, and Penalties Not Itemized $500,000 $500,000 $500,000 $500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $239,507 $239,507 $239,507 $239,507 State Funds Transfers $239,507 $239,507 $239,507 $239,507 Agency to Agency Contracts $239,507 $239,507 $239,507 $239,507 TOTAL PUBLIC FUNDS $5,829,340 $5,866,637 $5,891,637 $5,891,637 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 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 1912 JOURNAL OF THE SENATE 303.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $37,967 $37,967 $37,967 $37,967 303.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($223,783) $0 $150,000 $150,000 303.3 Reduce funds for contracts. State General Funds ($36,000) ($36,000) ($36,000) ($36,000) 303.4 Reduce funds for operations. State General Funds ($10,000) ($10,000) ($10,000) ($10,000) 303.100-Local Government Services Appropriation (HB 741) 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 $2,038,431 $2,262,214 $2,412,214 $2,412,214 State General Funds $2,038,431 $2,262,214 $2,412,214 $2,412,214 TOTAL AGENCY FUNDS $2,670,000 $2,670,000 $2,670,000 $2,670,000 Sales and Services $2,670,000 $2,670,000 $2,670,000 $2,670,000 Sales and Services Not Itemized $2,670,000 $2,670,000 $2,670,000 $2,670,000 TOTAL PUBLIC FUNDS $4,708,431 $4,932,214 $5,082,214 $5,082,214 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 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 MONDAY, MARCH 12, 2012 1913 304.100 -Local Tax Officials Retirement and FICA Appropriation (HB 741) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $6,984,996 $6,984,996 $6,984,996 $6,984,996 State General Funds $6,984,996 $6,984,996 $6,984,996 $6,984,996 TOTAL PUBLIC FUNDS $6,984,996 $6,984,996 $6,984,996 $6,984,996 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 Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 305.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $111,350 $111,350 $111,350 $111,350 305.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($1,156,214) $0 $775,000 $775,000 305.3 Reduce funds for personnel due to attrition. State General Funds ($51,000) ($51,000) ($51,000) ($51,000) 305.4 Reduce funds for operations. State General Funds ($40,000) ($40,000) ($40,000) ($40,000) 1914 JOURNAL OF THE SENATE 305.5 Utilize other funds from the purchase of tag data to provide the initial step for a three-year replacement schedule for county GRATIS printers and maintenance. (Total Funds: $585,035)(H:YES)(S:NO; Work with the Department of Administrative Services to implement a statewide contract for county GRATIS printers and maintenance)(CC:Defer decision on GRATIS printers to the FY13 General budget) State General Funds $0 $0 $0 305.100 -Motor Vehicle Registration and Titling Appropriation (HB 741) 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 $3,357,853 $4,514,067 $5,289,067 $5,289,067 State General Funds $3,357,853 $4,514,067 $5,289,067 $5,289,067 TOTAL AGENCY FUNDS $11,981,765 $11,981,765 $11,981,765 $11,981,765 Sales and Services $11,981,765 $11,981,765 $11,981,765 $11,981,765 Fees Retained for License Plate Production $6,500,000 $6,500,000 $6,500,000 $6,500,000 Sales and Services Not Itemized $5,481,765 $5,481,765 $5,481,765 $5,481,765 TOTAL PUBLIC FUNDS $15,339,618 $16,495,832 $17,270,832 $17,270,832 Office of Special 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 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 306.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $27,174 $27,174 $27,174 $27,174 306.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($37,297) $0 $25,000 $25,000 MONDAY, MARCH 12, 2012 1915 306.3 Reduce funds for personnel due to attrition. State General Funds ($60,000) ($60,000) ($60,000) ($60,000) 306.4 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $199,500 $199,500 $199,500 $199,500 306.99 Amendment: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. Senate: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. House: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. Governor: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. State General Funds $0 $0 $0 $0 306.100 -Office of Special Investigations Appropriation (HB 741) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. TOTAL STATE FUNDS $2,865,458 $2,902,755 $2,927,755 $2,927,755 State General Funds $2,865,458 $2,902,755 $2,927,755 $2,927,755 TOTAL PUBLIC FUNDS $2,865,458 $2,902,755 $2,927,755 $2,927,755 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 $14,342,762 $14,342,762 $14,342,762 $14,342,762 1916 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 307.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $90,211 $90,211 $90,211 $90,211 307.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($37,297) $0 $25,000 $25,000 307.3 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $107,500 $107,500 $107,500 $107,500 307.4 Reduce funds for operations. State General Funds ($120,000) ($120,000) ($120,000) ($120,000) 307.5 Reduce funds for personnel due to attrition. State General Funds ($68,000) ($68,000) ($68,000) ($68,000) 307.100 -Revenue Processing Appropriation (HB 741) 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 $14,315,176 $14,352,473 $14,377,473 $14,377,473 State General Funds $14,315,176 $14,352,473 $14,377,473 $14,377,473 TOTAL PUBLIC FUNDS $14,315,176 $14,352,473 $14,377,473 $14,377,473 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 $35,515,536 $35,515,536 $35,515,536 $35,515,536 $35,515,536 $35,515,536 $35,515,536 $35,515,536 MONDAY, MARCH 12, 2012 1917 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 308.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $414,901 $414,901 $414,901 $414,901 308.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($298,378) $0 $200,000 $200,000 308.3 Reduce funds by delaying in hiring revenue agents. State General Funds ($611,277) ($611,277) ($611,277) ($611,277) 308.4 Reduce funds by holding 11 positions vacant and utilize other funds to hire these positions, effective April 1, 2012. State General Funds Sales and Services Not Itemized Total Public Funds: ($710,311) $177,577 ($532,734) ($710,311) $0 ($710,311) ($710,311) $0 ($710,311) ($710,311) $0 ($710,311) 308.100 -Tax Compliance Appropriation (HB 741) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $34,310,471 $34,608,849 $34,808,849 $34,808,849 State General Funds $34,310,471 $34,608,849 $34,808,849 $34,808,849 TOTAL AGENCY FUNDS $16,788,570 $16,610,993 $16,610,993 $16,610,993 Intergovernmental Transfers $222,000 $222,000 $222,000 $222,000 Intergovernmental Transfers Not Itemized $222,000 $222,000 $222,000 $222,000 Sales and Services $16,566,570 $16,388,993 $16,388,993 $16,388,993 Sales and Services Not Itemized $16,566,570 $16,388,993 $16,388,993 $16,388,993 TOTAL PUBLIC FUNDS $51,099,041 $51,219,842 $51,419,842 $51,419,842 1918 JOURNAL OF THE SENATE Tax 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 309.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,849 $26,849 $26,849 $26,849 309.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($149,189) $0 $100,000 $100,000 309.3 Reduce funds for contracts. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 309.100 -Tax Policy Appropriation (HB 741) 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 $1,307,908 $1,457,097 $1,557,097 $1,557,097 State General Funds $1,307,908 $1,457,097 $1,557,097 $1,557,097 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 $400,000 Sales and Services $100,000 $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 $100,000 MONDAY, MARCH 12, 2012 1919 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $300,000 $300,000 $1,707,908 $300,000 $300,000 $1,857,097 $300,000 $300,000 $1,957,097 $300,000 $300,000 $1,957,097 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 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 310.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $203,751 $203,751 $203,751 $203,751 310.2 Reduce funds to reflect an adjustment in telecommunications expenses. (S and CC:Increase funds to meet projected telecommunications expenditures) State General Funds ($1,379,998) $0 $925,000 $925,000 310.3 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $155,000 $155,000 $155,000 $155,000 310.4 Replace funds for two contract positions. State General Funds Sales and Services Not Itemized Total Public Funds: ($208,718) $208,718 $0 ($208,718) $0 ($208,718) ($208,718) $0 ($208,718) ($208,718) $0 ($208,718) 310.5 Utilize Georgia Technology Authority reserves to cover Department of Revenue GETS charges. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($2,500,000) $2,500,000 $0 1920 JOURNAL OF THE SENATE 310.100 -Technology Support Services Appropriation (HB 741) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $21,830,278 $23,210,276 $24,135,276 $21,635,276 State General Funds $21,830,278 $23,210,276 $24,135,276 $21,635,276 TOTAL AGENCY FUNDS $208,718 $2,500,000 Intergovernmental Transfers $2,500,000 Intergovernmental Transfers Not Itemized $2,500,000 Sales and Services $208,718 Sales and Services Not Itemized $208,718 TOTAL PUBLIC FUNDS $22,038,996 $23,210,276 $24,135,276 $24,135,276 The Department is authorized, per OCGA 40-2-31, 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 42: Secretary of State 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 Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $29,812,853 $29,812,853 $29,812,853 $29,812,853 $29,812,853 $29,812,853 $85,000 $85,000 $85,000 $85,000 $85,000 $85,000 $1,557,183 $1,557,183 $1,557,183 $41,900 $41,900 $41,900 $41,900 $41,900 $41,900 $1,515,283 $1,515,283 $1,515,283 $435,771 $435,771 $435,771 $1,079,512 $1,079,512 $1,079,512 $31,455,036 $31,455,036 $31,455,036 $29,812,853 $29,812,853 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $31,455,036 TOTAL STATE FUNDS State General Funds Section Total - Final $31,501,379 $31,686,379 $31,501,379 $31,686,379 $31,819,650 $31,819,650 $31,676,379 $31,676,379 MONDAY, MARCH 12, 2012 TOTAL FEDERAL FUNDS Federal Funds Not Itemized 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 1921 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $33,143,562 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $33,328,562 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $33,461,833 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $33,318,562 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 $4,313,024 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 $4,313,024 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 $4,313,024 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 $4,313,024 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 311.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $26,178 $26,178 $20,046 $20,046 311.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,178 $4,178 $0 $0 1922 JOURNAL OF THE SENATE 311.3 Increase funds for the lease escalator on the Georgia Archives building in Forest Park. State General Funds $89,098 $89,098 $89,098 $89,098 311.100-Archives and Records Appropriation (HB 741) 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 $4,432,478 $4,432,478 $4,422,168 $4,422,168 State General Funds $4,432,478 $4,432,478 $4,422,168 $4,422,168 TOTAL AGENCY FUNDS $532,671 $532,671 $532,671 $532,671 Contributions, Donations, and Forfeitures $21,900 $21,900 $21,900 $21,900 Contributions, Donations, and Forfeitures Not Itemized $21,900 $21,900 $21,900 $21,900 Sales and Services $510,771 $510,771 $510,771 $510,771 Record Center Storage Fees $435,771 $435,771 $435,771 $435,771 Sales and Services Not Itemized $75,000 $75,000 $75,000 $75,000 TOTAL PUBLIC FUNDS $4,965,149 $4,965,149 $4,954,839 $4,954,839 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 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 312.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $22,486 $22,486 $22,668 $22,668 MONDAY, MARCH 12, 2012 1923 312.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,193 312.3 Reduce funds for personnel. State General Funds ($24,629) $1,193 ($24,629) $0 ($24,629) $0 ($24,629) 312.100 -Corporations Appropriation (HB 741) 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 $1,230,511 $1,230,511 $1,229,500 $1,229,500 State General Funds $1,230,511 $1,230,511 $1,229,500 $1,229,500 TOTAL AGENCY FUNDS $739,512 $739,512 $739,512 $739,512 Sales and Services $739,512 $739,512 $739,512 $739,512 Sales and Services Not Itemized $739,512 $739,512 $739,512 $739,512 TOTAL PUBLIC FUNDS $1,970,023 $1,970,023 $1,969,012 $1,969,012 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,648,857 $4,648,857 $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 $4,648,857 $4,648,857 $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 $4,648,857 $4,648,857 $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 $4,648,857 $4,648,857 $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 313.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $25,182 $25,182 $29,737 $29,737 1924 JOURNAL OF THE SENATE 313.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,504 313.3 Increase funds for reapportionment expenses. State General Funds $1,800,000 $4,504 $1,800,000 $37,461 $1,800,000 $37,461 $1,800,000 313.100 -Elections Appropriation (HB 741) 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 $6,478,543 $6,478,543 $6,516,055 $6,516,055 State General Funds $6,478,543 $6,478,543 $6,516,055 $6,516,055 TOTAL FEDERAL FUNDS $85,000 $85,000 $85,000 $85,000 Federal Funds Not Itemized $85,000 $85,000 $85,000 $85,000 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 $6,613,543 $6,613,543 $6,651,055 $6,651,055 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 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 314.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $84,383 $84,383 $88,827 $88,827 MONDAY, MARCH 12, 2012 1925 314.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,586 $5,586 314.3 Reduce funds for operations. State General Funds ($150,000) $0 314.4 Reduce funds for personnel. (S and CC:Reduce funds for administrative costs) State General Funds ($115,322) ($115,322) $0 $0 ($15,322) $0 ($50,000) ($65,322) 314.100 -Office Administration Appropriation (HB 741) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $5,590,761 $5,740,761 $5,839,619 $5,739,619 State General Funds $5,590,761 $5,740,761 $5,839,619 $5,739,619 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $5,605,761 $5,755,761 $5,854,619 $5,754,619 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 $6,827,104 $6,827,104 $150,000 $150,000 $150,000 $6,977,104 $6,827,104 $6,827,104 $150,000 $150,000 $150,000 $6,977,104 $6,827,104 $6,827,104 $150,000 $150,000 $150,000 $6,977,104 $6,827,104 $6,827,104 $150,000 $150,000 $150,000 $6,977,104 315.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $88,915 $88,915 $83,906 $83,906 1926 JOURNAL OF THE SENATE 315.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $6,614 $6,614 315.3 Reduce funds for personnel. State General Funds ($136,542) ($136,542) 315.4 Increase funds for the Georgia Board of Pharmacy for operations and exam administration. State General Funds $35,000 $0 ($68,271) $0 $0 ($136,542) $25,000 315.100 -Professional Licensing Boards Appropriation (HB 741) 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 $6,786,091 $6,821,091 $6,842,739 $6,799,468 State General Funds $6,786,091 $6,821,091 $6,842,739 $6,799,468 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 $6,936,091 $6,971,091 $6,992,739 $6,949,468 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 316.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. MONDAY, MARCH 12, 2012 1927 State General Funds $8,809 316.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $794 316.3 Reduce funds for personnel. State General Funds ($16,934) $8,809 $794 ($16,934) $10,551 $0 ($16,934) $10,551 $0 ($16,934) 316.100 -Securities Appropriation (HB 741) 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 $812,354 $812,354 $813,302 $813,302 State General Funds $812,354 $812,354 $813,302 $813,302 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 $862,354 $862,354 $863,302 $863,302 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 AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 $242,403 $242,403 $20,000 $20,000 $20,000 $262,403 317.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $4,471 $4,471 $4,477 $4,477 1928 JOURNAL OF THE SENATE 317.2 Reduce funds for operations. State General Funds ($4,848) ($4,848) ($4,848) ($4,848) 317.100 -Commission on the Holocaust, Georgia Appropriation (HB 741) 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 $242,026 $242,026 $242,032 $242,032 State General Funds $242,026 $242,026 $242,032 $242,032 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 $20,000 Contributions, Donations, and Forfeitures $20,000 $20,000 $20,000 $20,000 Contributions, Donations, and Forfeitures Not Itemized $20,000 $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $262,026 $262,026 $262,032 $262,032 Drugs and Narcotics Agency, Georgia Continuation Budget The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 318.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $23,034 $23,034 $23,246 $23,246 318.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds 318.3 Reduce funds for personnel. $14,592 State General Funds ($64,545) $14,592 ($64,545) $0 ($64,545) $0 ($64,545) MONDAY, MARCH 12, 2012 1929 318.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 741) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS $1,923,596 $1,923,596 $1,909,216 $1,909,216 State General Funds $1,923,596 $1,923,596 $1,909,216 $1,909,216 TOTAL PUBLIC FUNDS $1,923,596 $1,923,596 $1,909,216 $1,909,216 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 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 319.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $36,844 $36,844 $36,844 $36,844 319.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,021) ($4,021) ($4,021) ($4,021) 319.3 Reduce funds for contracts based on reduced workload. State General Funds ($58,591) ($58,591) ($58,591) ($58,591) 319.100 -Real Estate Commission Appropriation (HB 741) 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 $2,903,777 $2,903,777 $2,903,777 $2,903,777 State General Funds $2,903,777 $2,903,777 $2,903,777 $2,903,777 TOTAL PUBLIC FUNDS $2,903,777 $2,903,777 $2,903,777 $2,903,777 1930 JOURNAL OF THE SENATE Government Transparency and Campaign Finance 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 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 320.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $16,225 $16,225 $16,225 $16,225 320.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $872 $872 $872 $872 320.100-Government Transparency and Campaign Finance Commission Appropriation (HB 741) 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 $1,101,242 $1,101,242 $1,101,242 $1,101,242 State General Funds $1,101,242 $1,101,242 $1,101,242 $1,101,242 TOTAL PUBLIC FUNDS $1,101,242 $1,101,242 $1,101,242 $1,101,242 Section 43: Soil and Water Conservation Commission 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 Section Total - Continuation $2,585,421 $2,585,421 $2,585,421 $2,585,421 $2,585,421 $2,585,421 $5,935,855 $5,935,855 $5,935,855 $5,935,855 $5,935,855 $5,935,855 $842,085 $842,085 $842,085 $36,084 $36,084 $36,084 $36,084 $36,084 $36,084 $2,585,421 $2,585,421 $5,935,855 $5,935,855 $842,085 $36,084 $36,084 MONDAY, MARCH 12, 2012 1931 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS Section Total - Final $2,563,811 $2,615,519 $2,563,811 $2,615,519 $5,935,855 $5,935,855 $5,935,855 $5,935,855 $842,085 $842,085 $36,084 $36,084 $36,084 $36,084 $806,001 $806,001 $806,001 $806,001 $495,717 $495,717 $247,359 $247,359 $247,359 $247,359 $248,358 $248,358 $248,358 $248,358 $9,837,468 $9,889,176 $2,615,519 $2,615,519 $5,935,855 $5,935,855 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,889,176 $2,615,519 $2,615,519 $5,935,855 $5,935,855 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,889,176 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 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 1932 JOURNAL OF THE SENATE 321.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $10,370 $10,370 $10,370 $10,370 321.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,640) ($1,640) ($1,640) ($1,640) 321.100 -Commission Administration Appropriation (HB 741) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $730,069 $730,069 $730,069 $730,069 State General Funds $730,069 $730,069 $730,069 $730,069 TOTAL PUBLIC FUNDS $730,069 $730,069 $730,069 $730,069 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 $233,535 $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 $233,535 $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 $233,535 $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 $233,535 $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 322.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,368 322.2 Reduce funds to reflect an adjustment in telecommunications expenses. $2,368 $2,368 $2,368 State General Funds ($254) ($254) ($254) ($254) MONDAY, MARCH 12, 2012 1933 322.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($20,000) $0 $0 $0 322.4 Reduce funds for operations. State General Funds ($5,854) $0 $0 $0 322.100 -Conservation of Agricultural Water Supplies Appropriation (HB 741) 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 $209,795 $235,649 $235,649 $235,649 State General Funds $209,795 $235,649 $235,649 $235,649 TOTAL FEDERAL FUNDS $1,730,528 $1,730,528 $1,730,528 $1,730,528 Federal Funds Not Itemized $1,730,528 $1,730,528 $1,730,528 $1,730,528 TOTAL AGENCY FUNDS $592,251 $592,251 $592,251 $592,251 Intergovernmental Transfers $592,251 $592,251 $592,251 $592,251 Intergovernmental Transfers Not Itemized $592,251 $592,251 $592,251 $592,251 TOTAL PUBLIC FUNDS $2,532,574 $2,558,428 $2,558,428 $2,558,428 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 Contributions, Donations, and Forfeitures $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 1934 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,429,733 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,429,733 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,429,733 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,429,733 323.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $20,187 $20,187 $20,187 $20,187 323.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($933) ($933) ($933) ($933) 323.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($20,150) $0 $0 $0 323.4 Reduce funds for operations. State General Funds ($5,704) $0 $0 $0 323.100 -Conservation of Soil and Water Resources Appropriation (HB 741) 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 $1,338,076 $1,363,930 $1,363,930 $1,363,930 State General Funds $1,338,076 $1,363,930 $1,363,930 $1,363,930 MONDAY, MARCH 12, 2012 1935 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,423,133 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,448,987 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,448,987 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,448,987 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 324.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 741) 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 $123,242 $123,242 $123,242 $123,242 State General Funds $123,242 $123,242 $123,242 $123,242 TOTAL FEDERAL FUNDS $3,865,821 $3,865,821 $3,865,821 $3,865,821 Federal Funds Not Itemized $3,865,821 $3,865,821 $3,865,821 $3,865,821 TOTAL PUBLIC FUNDS $3,989,063 $3,989,063 $3,989,063 $3,989,063 1936 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 State General Funds TOTAL PUBLIC FUNDS $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 325.100 -Water Resources and Land Use Planning Appropriation (HB 741) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $162,629 $162,629 $162,629 $162,629 State General Funds $162,629 $162,629 $162,629 $162,629 TOTAL PUBLIC FUNDS $162,629 $162,629 $162,629 $162,629 Section 44: State Personnel Administration Section Total - Continuation 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 Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 Section Total - Final TOTAL AGENCY FUNDS Reserved Fund Balances $4,602,420 $4,530,845 $4,602,420 $4,530,845 $4,602,420 $4,530,845 $4,602,420 $4,530,845 MONDAY, MARCH 12, 2012 Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS 1937 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 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 State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 326.100 -Recruitment and Staffing Services Appropriation (HB 741) 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 State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $1,591,242 1938 JOURNAL OF THE SENATE 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 327.1 Increase funds for payment to the State Treasury by $500,000 from $1,947,035 to $2,447,035. (Total Funds: $2,447,035)(G:YES)(S:YES)(CC:YES) Merit System Assessments $0 $0 $0 $0 327.100-System Administration The purpose of this appropriation is to provide administrative and technical support to the agency. Appropriation (HB 741) 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 Merit System Assessments TOTAL PUBLIC FUNDS $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 MONDAY, MARCH 12, 2012 1939 Total Compensation and Rewards Continuation Budget The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 328.100-Total Compensation and Rewards Appropriation (HB 741) The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL AGENCY FUNDS 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 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 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 $0 $0 $1,137,223 $0 $0 $1,137,223 $0 $0 $1,137,223 $0 $0 $1,137,223 1940 JOURNAL OF THE SENATE State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 329.100-Workforce Development and Alignment Appropriation (HB 741) 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 State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 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 45: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $649,840,771 $649,840,771 $649,840,771 $37,102,532 $37,102,532 $37,102,532 $612,738,239 $612,738,239 $612,738,239 $482,723 $482,723 $482,723 $482,723 $482,723 $482,723 $482,723 $482,723 $482,723 $650,323,494 $650,323,494 $650,323,494 $649,840,771 $37,102,532 $612,738,239 $482,723 $482,723 $482,723 $650,323,494 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Section Total - Final $652,880,688 $652,880,688 $35,562,759 $35,562,759 $617,317,929 $617,317,929 $1,082,723 $1,082,723 $652,880,688 $35,562,759 $617,317,929 $1,082,723 $652,880,688 $35,562,759 $617,317,929 $1,082,723 MONDAY, MARCH 12, 2012 1941 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,082,723 $1,082,723 $653,963,411 $1,082,723 $1,082,723 $653,963,411 $1,082,723 $1,082,723 $653,963,411 $1,082,723 $1,082,723 $653,963,411 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 State General Funds TOTAL PUBLIC FUNDS $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 330.1 Increase funds to meet projected need. State General Funds $2,065,101 $2,065,101 $2,065,101 $2,065,101 330.100 -Accel Appropriation (HB 741) 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 $8,565,101 $8,565,101 $8,565,101 $8,565,101 State General Funds $8,565,101 $8,565,101 $8,565,101 $8,565,101 TOTAL PUBLIC FUNDS $8,565,101 $8,565,101 $8,565,101 $8,565,101 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 TOTAL PUBLIC FUNDS $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 331.1 Increase funds to meet projected need. State General Funds $20,000 $20,000 $20,000 $20,000 1942 JOURNAL OF THE SENATE 331.100 -Engineer Scholarship Appropriation (HB 741) 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 $570,000 $570,000 $570,000 $570,000 State General Funds $570,000 $570,000 $570,000 $570,000 TOTAL PUBLIC FUNDS $570,000 $570,000 $570,000 $570,000 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 State General Funds TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 332.100-Georgia Military College Scholarship Appropriation (HB 741) 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 $1,094,862 $1,094,862 $1,094,862 $1,094,862 State General Funds $1,094,862 $1,094,862 $1,094,862 $1,094,862 TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 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 $800,000 $800,000 $800,000 MONDAY, MARCH 12, 2012 1943 333.100 -HERO Scholarship Appropriation (HB 741) The purpose of this appropriation is to provide educational grant assistance to members of the Georgia National Guard and U.S. Military Reservists who served in combat zones and the spouses and children of such members. TOTAL STATE FUNDS $800,000 $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 $800,000 HOPE Administration Continuation Budget The purpose of this appropriation is to provide scholarships that reward students with financial assistance in degree, diploma, and certificate programs at eligible Georgia public and private colleges and universities, and public technical colleges. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $7,770,114 $0 $7,770,114 $7,770,114 $7,770,114 $0 $7,770,114 $7,770,114 $7,770,114 $0 $7,770,114 $7,770,114 $7,770,114 $0 $7,770,114 $7,770,114 334.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. Lottery Proceeds $46,258 $46,258 $46,258 $46,258 334.100-HOPE Administration Appropriation (HB 741) 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 $7,816,372 $7,816,372 $7,816,372 $7,816,372 Lottery Proceeds $7,816,372 $7,816,372 $7,816,372 $7,816,372 TOTAL PUBLIC FUNDS $7,816,372 $7,816,372 $7,816,372 $7,816,372 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 $2,957,061 $0 $2,957,061 $0 $2,957,061 $0 $2,957,061 $0 1944 JOURNAL OF THE SENATE Lottery Proceeds TOTAL PUBLIC FUNDS 335.1 Reduce funds to meet projected need. Lottery Proceeds $2,957,061 $2,957,061 $2,957,061 $2,957,061 $2,957,061 $2,957,061 $2,957,061 $2,957,061 ($320,785) ($320,785) ($320,785) ($320,785) 335.100 -HOPE GED Appropriation (HB 741) 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 $2,636,276 $2,636,276 $2,636,276 $2,636,276 Lottery Proceeds $2,636,276 $2,636,276 $2,636,276 $2,636,276 TOTAL PUBLIC FUNDS $2,636,276 $2,636,276 $2,636,276 $2,636,276 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 State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $130,737,363 $0 $130,737,363 $130,737,363 $130,737,363 $0 $130,737,363 $130,737,363 $130,737,363 $0 $130,737,363 $130,737,363 $130,737,363 $0 $130,737,363 $130,737,363 336.1 Reduce funds to meet projected need. Lottery Proceeds ($7,937,138) ($7,937,138) ($7,937,138) ($7,937,138) 336.100 -HOPE Grant Appropriation (HB 741) The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public post-secondary institution. TOTAL STATE FUNDS $122,800,225 $122,800,225 $122,800,225 $122,800,225 Lottery Proceeds $122,800,225 $122,800,225 $122,800,225 $122,800,225 TOTAL PUBLIC FUNDS $122,800,225 $122,800,225 $122,800,225 $122,800,225 MONDAY, MARCH 12, 2012 1945 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 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 337.1 Reduce funds to meet projected need. Lottery Proceeds ($3,557,948) ($3,557,948) ($501,104) ($3,557,948) 337.98 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program to consolidate programs. (CC:Create a Zell Miller Scholarship subprogram) Lottery Proceeds $2,483,765 $2,483,765 $0 $2,483,765 337.100-HOPE Scholarships - Private Schools Appropriation (HB 741) 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 $53,426,921 $53,426,921 $54,000,000 $53,426,921 Lottery Proceeds $53,426,921 $53,426,921 $54,000,000 $53,426,921 TOTAL PUBLIC FUNDS $53,426,921 $53,426,921 $54,000,000 $53,426,921 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 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 338.1 Increase funds to meet projected need. Lottery Proceeds $16,349,303 $16,349,303 $0 $16,349,303 1946 JOURNAL OF THE SENATE 338.2 Reduce funds to meet projected need. Lottery Proceeds ($29,601,653) $0 338.98 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program to consolidate programs. (CC:Create a Zell Miller Scholarship subprogram) Lottery Proceeds $16,622,123 $16,622,123 $0 $16,622,123 338.100 -HOPE Scholarships - Public Schools Appropriation (HB 741) 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 $410,638,135 $410,638,135 $348,065,056 $410,638,135 Lottery Proceeds $410,638,135 $410,638,135 $348,065,056 $410,638,135 TOTAL PUBLIC FUNDS $410,638,135 $410,638,135 $348,065,056 $410,638,135 Low Interest Loans Continuation Budget The purpose of this appropriation is to implement a needs-based low-interest loan program to assist with the affordability of a college education. The loan is forgivable for certain critical need programs. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 339.100 -Low Interest Loans Appropriation (HB 741) The purpose of this appropriation is to implement a needs-based low-interest loan program to assist with the affordability of a college education. The loan is forgivable for certain critical need programs. TOTAL STATE FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 Lottery Proceeds $20,000,000 $20,000,000 $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $20,000,000 $20,000,000 $20,000,000 $20,000,000 MONDAY, MARCH 12, 2012 1947 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,352,800 $1,352,800 $482,723 $482,723 $482,723 $1,835,523 $1,352,800 $1,352,800 $482,723 $482,723 $482,723 $1,835,523 $1,352,800 $1,352,800 $482,723 $482,723 $482,723 $1,835,523 $1,352,800 $1,352,800 $482,723 $482,723 $482,723 $1,835,523 340.1 Reduce funds to meet projected need. State General Funds ($45,000) ($45,000) ($45,000) 340.100 -North Georgia Military Scholarship Grants Appropriation (HB 741) 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 $1,352,800 $1,307,800 $1,307,800 $1,307,800 State General Funds $1,352,800 $1,307,800 $1,307,800 $1,307,800 TOTAL AGENCY FUNDS $482,723 $482,723 $482,723 $482,723 Intergovernmental Transfers $482,723 $482,723 $482,723 $482,723 Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 $482,723 TOTAL PUBLIC FUNDS $1,835,523 $1,790,523 $1,790,523 $1,790,523 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 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 1948 JOURNAL OF THE SENATE 341.1 Increase funds to meet projected need. State General Funds $45,000 $45,000 $45,000 341.100 -North Georgia ROTC Grants Appropriation (HB 741) 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 $802,479 $847,479 $847,479 $847,479 State General Funds $802,479 $847,479 $847,479 $847,479 TOTAL PUBLIC FUNDS $802,479 $847,479 $847,479 $847,479 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 State General Funds TOTAL PUBLIC FUNDS $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 342.1 Increase funds to meet projected need. State General Funds $70,000 $70,000 $70,000 $70,000 342.100 -Public Memorial Safety Grant Appropriation (HB 741) 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 $376,761 $376,761 $376,761 $376,761 State General Funds $376,761 $376,761 $376,761 $376,761 TOTAL PUBLIC FUNDS $376,761 $376,761 $376,761 $376,761 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. MONDAY, MARCH 12, 2012 1949 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 343.1 Reduce funds to meet projected need. State General Funds ($3,106,623) ($3,106,623) ($3,106,623) ($3,106,623) 343.2 Replace funds with deferred revenue for the Tuition Equalization Grant program. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($600,000) $600,000 $0 ($600,000) $600,000 $0 ($600,000) $600,000 $0 ($600,000) $600,000 $0 343.100 -Tuition Equalization Grants Appropriation (HB 741) The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS $21,296,323 $21,296,323 $21,296,323 $21,296,323 State General Funds $21,296,323 $21,296,323 $21,296,323 $21,296,323 TOTAL AGENCY FUNDS $600,000 $600,000 $600,000 $600,000 Intergovernmental Transfers $600,000 $600,000 $600,000 $600,000 Intergovernmental Transfers Not Itemized $600,000 $600,000 $600,000 $600,000 TOTAL PUBLIC FUNDS $21,896,323 $21,896,323 $21,896,323 $21,896,323 Zell Miller Scholars Continuation Budget The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 1950 JOURNAL OF THE SENATE 344.1 Increase funds to meet projected need. Lottery Proceeds $42,894,112 $0 344.98 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship - Public Schools program and the HOPE Scholarship - Private Schools program to consolidate programs. Lottery Proceeds ($19,105,888) ($19,105,888) $0 ($19,105,888) 344.100-Zell Miller Scholars Appropriation (HB 741) The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college. TOTAL STATE FUNDS $0 $0 $62,000,000 $0 Lottery Proceeds $0 $0 $62,000,000 $0 TOTAL PUBLIC FUNDS $0 $0 $62,000,000 $0 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 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 345.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $11,565 $11,565 $11,565 $11,565 345.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $184 $184 $184 $184 MONDAY, MARCH 12, 2012 1951 345.100-Nonpublic Postsecondary Education Commission Appropriation (HB 741) 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 $704,433 $704,433 $704,433 $704,433 State General Funds $704,433 $704,433 $704,433 $704,433 TOTAL PUBLIC FUNDS $704,433 $704,433 $704,433 $704,433 Section 46: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $30,061,428 $30,061,428 $30,061,428 $793,000 $793,000 $29,268,428 $29,268,428 $29,268,428 $30,061,428 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $692,992 $692,992 $692,992 $692,992 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,961,420 $29,961,420 $692,992 $692,992 $29,268,428 $29,268,428 $29,268,428 $29,961,420 $692,992 $692,992 $29,268,428 $29,268,428 $29,268,428 $29,961,420 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 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 $793,000 1952 JOURNAL OF THE SENATE 346.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($100,008) ($100,008) ($100,008) ($100,008) 346.100 -Floor/COLA, Local System Fund Appropriation (HB 741) 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 $692,992 $692,992 $692,992 $692,992 State General Funds $692,992 $692,992 $692,992 $692,992 TOTAL PUBLIC FUNDS $692,992 $692,992 $692,992 $692,992 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 347.100-System Administration Appropriation (HB 741) 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 State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 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 2012. MONDAY, MARCH 12, 2012 1953 Section 47: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Continuation $313,270,886 $313,270,886 $313,270,886 $313,270,886 $313,270,886 $313,270,886 $67,104,084 $67,104,084 $67,104,084 $67,104,084 $67,104,084 $67,104,084 $268,710,000 $268,710,000 $268,710,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $100,000 $266,510,000 $266,510,000 $266,510,000 $266,510,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $650,444,970 $650,444,970 $650,444,970 $313,270,886 $313,270,886 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $650,444,970 Section Total - Final $314,867,975 $314,867,975 $314,867,975 $314,867,975 $67,104,084 $67,104,084 $67,104,084 $67,104,084 $268,710,000 $268,710,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $100,000 $100,000 $100,000 $100,000 $266,510,000 $266,510,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $314,867,975 $314,867,975 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $314,867,975 $314,867,975 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 1954 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $652,042,059 $652,042,059 $652,042,059 $652,042,059 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 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 348.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $317,037 $317,037 $317,037 $317,037 348.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($154) ($154) ($154) ($154) 348.100 -Adult Literacy Appropriation (HB 741) 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 $13,144,937 $13,144,937 $13,144,937 $13,144,937 State General Funds $13,144,937 $13,144,937 $13,144,937 $13,144,937 TOTAL FEDERAL FUNDS $19,110,000 $19,110,000 $19,110,000 $19,110,000 Federal Funds Not Itemized $19,110,000 $19,110,000 $19,110,000 $19,110,000 TOTAL AGENCY FUNDS $5,480,000 $5,480,000 $5,480,000 $5,480,000 Intergovernmental Transfers $2,100,000 $2,100,000 $2,100,000 $2,100,000 MONDAY, MARCH 12, 2012 1955 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,100,000 $3,380,000 $3,380,000 $37,734,937 $2,100,000 $3,380,000 $3,380,000 $37,734,937 $2,100,000 $3,380,000 $3,380,000 $37,734,937 $2,100,000 $3,380,000 $3,380,000 $37,734,937 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 349.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $154,073 $154,073 $154,073 $154,073 349.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($417) ($417) ($417) ($417) 349.3 Reduce funds for personnel and operations. State General Funds ($122,717) ($122,717) ($122,717) ($122,717) 349.4 Reduce funds for contracts. State General Funds ($30,000) ($30,000) ($30,000) ($30,000) 1956 JOURNAL OF THE SENATE 349.100-Departmental Administration Appropriation (HB 741) 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 $7,636,801 $7,636,801 $7,636,801 $7,636,801 State General Funds $7,636,801 $7,636,801 $7,636,801 $7,636,801 TOTAL FEDERAL FUNDS $1,995,084 $1,995,084 $1,995,084 $1,995,084 Federal Funds Not Itemized $1,995,084 $1,995,084 $1,995,084 $1,995,084 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 $100,000 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $110,000 $110,000 $110,000 $110,000 State Funds Transfers $110,000 $110,000 $110,000 $110,000 Agency to Agency Contracts $110,000 $110,000 $110,000 $110,000 TOTAL PUBLIC FUNDS $9,841,885 $9,841,885 $9,841,885 $9,841,885 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 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 350.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $140,548 $140,548 $140,548 $140,548 MONDAY, MARCH 12, 2012 1957 350.100 -Quick Start and Customized Services Appropriation (HB 741) 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 $12,910,423 $12,910,423 $12,910,423 $12,910,423 State General Funds $12,910,423 $12,910,423 $12,910,423 $12,910,423 TOTAL FEDERAL FUNDS $1,000,000 $1,000,000 $1,000,000 $1,000,000 Federal Funds Not Itemized $1,000,000 $1,000,000 $1,000,000 $1,000,000 TOTAL AGENCY FUNDS $8,930,000 $8,930,000 $8,930,000 $8,930,000 Sales and Services $8,930,000 $8,930,000 $8,930,000 $8,930,000 Sales and Services Not Itemized $8,930,000 $8,930,000 $8,930,000 $8,930,000 TOTAL PUBLIC FUNDS $22,840,423 $22,840,423 $22,840,423 $22,840,423 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $580,486,095 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $580,486,095 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $580,486,095 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $1,250,000 $580,486,095 351.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $7,270,627 $7,270,627 $7,270,627 $7,270,627 1958 JOURNAL OF THE SENATE 351.2 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($19,207) ($19,207) 351.3 Reduce funds to reflect savings from closing underutilized branch locations. State General Funds ($3,990,825) ($3,990,825) 351.4 Reduce funds for operations. State General Funds ($2,121,876) ($2,121,876) ($19,207) ($3,990,825) ($2,121,876) ($19,207) ($3,990,825) ($2,121,876) 351.100 -Technical Education Appropriation (HB 741) 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 $281,175,814 $281,175,814 $281,175,814 $281,175,814 State General Funds $281,175,814 $281,175,814 $281,175,814 $281,175,814 TOTAL FEDERAL FUNDS $44,999,000 $44,999,000 $44,999,000 $44,999,000 Federal Funds Not Itemized $44,999,000 $44,999,000 $44,999,000 $44,999,000 TOTAL AGENCY FUNDS $254,200,000 $254,200,000 $254,200,000 $254,200,000 Sales and Services $254,200,000 $254,200,000 $254,200,000 $254,200,000 Sales and Services Not Itemized $254,200,000 $254,200,000 $254,200,000 $254,200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,250,000 $1,250,000 $1,250,000 $1,250,000 State Funds Transfers $1,250,000 $1,250,000 $1,250,000 $1,250,000 Agency to Agency Contracts $1,250,000 $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $581,624,814 $581,624,814 $581,624,814 $581,624,814 Section 48: Transportation, Department of Section Total - Continuation TOTAL STATE FUNDS $720,307,033 $720,307,033 $720,307,033 $720,307,033 State General Funds $6,704,334 $6,704,334 $6,704,334 $6,704,334 State Motor Fuel Funds $713,602,699 $713,602,699 $713,602,699 $713,602,699 TOTAL FEDERAL FUNDS $1,210,491,192 $1,210,491,192 $1,210,491,192 $1,210,491,192 Federal Funds Not Itemized $66,861,369 $66,861,369 $66,861,369 $66,861,369 Federal Highway Admin.-Planning & Construction CFDA20.205 $1,143,629,823 $1,143,629,823 $1,143,629,823 $1,143,629,823 MONDAY, MARCH 12, 2012 1959 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 Section Total - Final TOTAL STATE FUNDS $747,088,850 $747,343,850 $747,343,850 $747,343,850 State General Funds $6,329,862 $6,584,862 $6,584,862 $6,584,862 State Motor Fuel Funds $740,758,988 $740,758,988 $740,758,988 $740,758,988 TOTAL FEDERAL FUNDS $1,210,491,192 $1,210,491,192 $1,210,491,192 $1,210,491,192 Federal Funds Not Itemized $66,861,369 $66,861,369 $66,861,369 $66,861,369 Federal Highway Admin.-Planning & Construction CFDA20.205$1,143,629,823 $1,143,629,823 $1,143,629,823 $1,143,629,823 TOTAL AGENCY FUNDS $275,264,937 $988,365,505 $988,365,505 $988,365,505 Reserved Fund Balances $269,416,648 $982,517,216 $982,517,216 $982,517,216 Reserved Fund Balances Not Itemized $269,416,648 $982,517,216 $982,517,216 $982,517,216 Intergovernmental Transfers $595,233 $595,233 $595,233 $595,233 Intergovernmental Transfers Not Itemized $595,233 $595,233 $595,233 $595,233 Royalties and Rents $88,239 $88,239 $88,239 $88,239 Royalties and Rents Not Itemized $88,239 $88,239 $88,239 $88,239 Sales and Services $5,164,817 $5,164,817 $5,164,817 $5,164,817 Sales and Services Not Itemized $5,164,817 $5,164,817 $5,164,817 $5,164,817 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $642,602 $642,602 $642,602 $642,602 State Funds Transfers $642,602 $642,602 $642,602 $642,602 Agency to Agency Contracts $642,602 $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $2,233,487,581 $2,946,843,149 $2,946,843,149 $2,946,843,149 1960 JOURNAL OF THE SENATE 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,454,358 $2,454,358 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 $2,454,358 $2,454,358 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 $2,454,358 $2,454,358 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 $2,454,358 $2,454,358 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 352.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $4,744 $4,744 $4,744 $4,744 352.2 Reduce grant funds for airport aid projects to reflect state-match requirements. State General Funds ($55,000) $0 $0 $0 352.3 Increase funds for grants for Airport Aid projects. State General Funds $200,000 $200,000 $200,000 352.100 -Airport Aid Appropriation (HB 741) 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 $2,404,102 $2,659,102 $2,659,102 $2,659,102 State General Funds $2,404,102 $2,659,102 $2,659,102 $2,659,102 TOTAL FEDERAL FUNDS $35,537,002 $35,537,002 $35,537,002 $35,537,002 Federal Funds Not Itemized $35,537,002 $35,537,002 $35,537,002 $35,537,002 TOTAL AGENCY FUNDS $6,350 $6,350 $6,350 $6,350 MONDAY, MARCH 12, 2012 1961 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,350 $6,350 $37,947,454 $6,350 $6,350 $38,202,454 $6,350 $6,350 $38,202,454 $6,350 $6,350 $38,202,454 Capital Construction Projects Continuation Budget The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 353.1 Increase funds for capital outlay projects. State Motor Fuel Funds $13,891,810 $13,891,810 $13,891,810 $13,891,810 353.2 Transfer funds from the State Road and Tollway Authority program to Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $815,267 $815,267 $815,267 $815,267 353.3 Transfer surplus personnel funds in the Local Road Assistance Administration program to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $11,469,601 $11,469,601 $11,469,601 $11,469,601 353.4 Increase funds for prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects. Reserved Fund Balances Not Itemized $117,819,793 $0 $0 $0 353.5 Increase prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects and utilize $300,000,000 for the Northwest Corridor project. Reserved Fund Balances Not Itemized $461,542,322 $436,542,322 $455,542,322 1962 JOURNAL OF THE SENATE 353.100 -Capital Construction Projects Appropriation (HB 741) The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems. TOTAL STATE FUNDS $224,816,356 $224,816,356 $224,816,356 $224,816,356 State Motor Fuel Funds $224,816,356 $224,816,356 $224,816,356 $224,816,356 TOTAL FEDERAL FUNDS $675,252,699 $675,252,699 $675,252,699 $675,252,699 Federal Highway Admin.-Planning & Construction CFDA20.205$675,252,699 $675,252,699 $675,252,699 $675,252,699 TOTAL AGENCY FUNDS $117,819,793 $461,542,322 $436,542,322 $455,542,322 Reserved Fund Balances $117,819,793 $461,542,322 $436,542,322 $455,542,322 Reserved Fund Balances Not Itemized $117,819,793 $461,542,322 $436,542,322 $455,542,322 TOTAL PUBLIC FUNDS $1,017,888,848 $1,361,611,377 $1,336,611,377 $1,355,611,377 Capital Maintenance Projects Continuation Budget The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 354.1 Increase funds for prior-year motor fuel funds to maintain level of funding for proposed capital outlay projects. Reserved Fund Balances Not Itemized $131,596,855 $357,694,882 $357,694,882 $357,694,882 354.100 -Capital Maintenance Projects Appropriation (HB 741) The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS $26,154,596 $26,154,596 $26,154,596 $26,154,596 State Motor Fuel Funds $26,154,596 $26,154,596 $26,154,596 $26,154,596 TOTAL FEDERAL FUNDS $128,218,385 $128,218,385 $128,218,385 $128,218,385 Federal Highway Admin.-Planning & Construction CFDA20.205$128,218,385 $128,218,385 $128,218,385 $128,218,385 TOTAL AGENCY FUNDS $131,596,855 $357,694,882 $357,694,882 $357,694,882 Reserved Fund Balances $131,596,855 $357,694,882 $357,694,882 $357,694,882 MONDAY, MARCH 12, 2012 1963 Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $131,596,855 $357,694,882 $357,694,882 $357,694,882 $285,969,836 $512,067,863 $512,067,863 $512,067,863 Construction Administration 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 $24,357,642 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $24,357,642 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $24,357,642 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $24,357,642 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 355.1 Increase funds for prior-year motor fuel funds to meet personnel projections. Reserved Fund Balances Not Itemized $20,000,000 $50,000,000 $50,000,000 $50,000,000 355.100-Construction Administration Appropriation (HB 741) 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 $24,357,642 State Motor Fuel Funds $24,357,642 $24,357,642 $24,357,642 $24,357,642 TOTAL FEDERAL FUNDS $64,892,990 $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 $64,892,990 TOTAL AGENCY FUNDS $20,165,000 $50,165,000 $50,165,000 $50,165,000 Reserved Fund Balances $20,000,000 $50,000,000 $50,000,000 $50,000,000 Reserved Fund Balances Not Itemized $20,000,000 $50,000,000 $50,000,000 $50,000,000 Sales and Services $165,000 $165,000 $165,000 $165,000 1964 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $165,000 $165,000 $165,000 $165,000 $109,415,632 $139,415,632 $139,415,632 $139,415,632 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 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $2,804,774 $0 $2,804,774 $8,270,257 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 356.100-Data Collection, Compliance and Reporting Appropriation (HB 741) 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 $2,804,774 State Motor Fuel Funds $2,804,774 $2,804,774 $2,804,774 $2,804,774 TOTAL FEDERAL FUNDS $8,270,257 $8,270,257 $8,270,257 $8,270,257 Federal Highway Admin.-Planning & Construction CFDA20.205 $8,270,257 $8,270,257 $8,270,257 $8,270,257 TOTAL AGENCY FUNDS $62,257 $62,257 $62,257 $62,257 Sales and Services $62,257 $62,257 $62,257 $62,257 Sales and Services Not Itemized $62,257 $62,257 $62,257 $62,257 TOTAL PUBLIC FUNDS $11,137,288 $11,137,288 $11,137,288 $11,137,288 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 $51,083,000 $0 $51,083,000 $0 $51,083,000 $0 $51,083,000 $0 MONDAY, MARCH 12, 2012 1965 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 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 357.1 Increase prior-year motor fuel funds for operations. Reserved Fund Balances Not Itemized $5,000,000 $5,000,000 $5,000,000 357.99 Amendment: 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, airports, railroads, and waterways. Senate: 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, 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, 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, airports, railroads, and waterways. State General Funds $0 $0 $0 $0 357.100-Departmental Administration Appropriation (HB 741) 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, airports, railroads, and waterways. TOTAL STATE FUNDS $51,083,000 $51,083,000 $51,083,000 $51,083,000 State Motor Fuel Funds $51,083,000 $51,083,000 $51,083,000 $51,083,000 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 $5,898,970 $5,898,970 $5,898,970 Reserved Fund Balances $5,000,000 $5,000,000 $5,000,000 Reserved Fund Balances Not Itemized $5,000,000 $5,000,000 $5,000,000 Sales and Services $898,970 $898,970 $898,970 $898,970 1966 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $898,970 $62,821,793 $898,970 $67,821,793 $898,970 $67,821,793 $898,970 $67,821,793 Local Maintenance and Improvement Grants Continuation Budget The purpose of this appropriation is to provide 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 PUBLIC FUNDS $100,642,250 $0 $100,642,250 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 358.1 Increase prior year motor fuel funds for local road improvement grants. Reserved Fund Balances Not Itemized $61,369,074 $61,369,074 $61,369,074 358.99 Amendment: 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. Senate: 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. House: 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. Governor: 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. State General Funds $0 $0 $0 $0 358.100 -Local Maintenance and Improvement Grants Appropriation (HB 741) 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. TOTAL STATE FUNDS $100,642,250 $100,642,250 $100,642,250 $100,642,250 State Motor Fuel Funds $100,642,250 $100,642,250 $100,642,250 $100,642,250 TOTAL AGENCY FUNDS $61,369,074 $61,369,074 $61,369,074 Reserved Fund Balances $61,369,074 $61,369,074 $61,369,074 Reserved Fund Balances Not Itemized $61,369,074 $61,369,074 $61,369,074 TOTAL PUBLIC FUNDS $100,642,250 $162,011,324 $162,011,324 $162,011,324 MONDAY, MARCH 12, 2012 1967 Local Road Assistance Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical 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 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 359.1 Transfer surplus personnel funds from the Local Road Assistance Administration program to the Routine Maintenance program ($8,152,802) for operations and to the Capital Construction Projects program ($11,469,601) for capital outlay projects. State Motor Fuel Funds ($19,622,403) ($19,622,403) ($19,622,403) ($19,622,403) 359.2 Increase prior year motor fuel funds to maintain level of funding for proposed capital outlay projects. Reserved Fund Balances Not Itemized $35,499,213 $35,499,213 $35,499,213 359.99 Amendment: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. Senate: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. House: 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. Governor: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. State General Funds $0 $0 $0 $0 1968 JOURNAL OF THE SENATE 359.100 -Local Road Assistance Administration Appropriation (HB 741) 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 $16,854,565 $16,854,565 $16,854,565 $16,854,565 State Motor Fuel Funds $16,854,565 $16,854,565 $16,854,565 $16,854,565 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 $36,094,446 $36,094,446 $36,094,446 Reserved Fund Balances $35,499,213 $35,499,213 $35,499,213 Reserved Fund Balances Not Itemized $35,499,213 $35,499,213 $35,499,213 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 $50,208,468 $85,707,681 $85,707,681 $85,707,681 Planning Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 360.1 Increase prior year motor fuel funds for operations. Reserved Fund Balances Not Itemized $2,205,072 $2,205,072 $2,205,072 360.100 -Planning Appropriation (HB 741) 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. MONDAY, MARCH 12, 2012 1969 TOTAL STATE FUNDS $3,756,074 State Motor Fuel Funds $3,756,074 TOTAL FEDERAL FUNDS $14,683,804 Federal Highway Admin.-Planning & Construction CFDA20.205 $14,683,804 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $18,439,878 $3,756,074 $3,756,074 $14,683,804 $14,683,804 $2,205,072 $2,205,072 $2,205,072 $20,644,950 $3,756,074 $3,756,074 $14,683,804 $14,683,804 $2,205,072 $2,205,072 $2,205,072 $20,644,950 $3,756,074 $3,756,074 $14,683,804 $14,683,804 $2,205,072 $2,205,072 $2,205,072 $20,644,950 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 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 361.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,876 $2,876 $2,876 $2,876 361.2 Increase funds for increased tax assessments. State General Funds $235,000 $235,000 $235,000 $235,000 361.3 Reduce funds for personnel to reflect projected expenditures. State General Funds ($66,453) ($66,453) ($66,453) ($66,453) 361.100 -Ports and Waterways Appropriation (HB 741) 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. 1970 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 $870,167 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 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 362.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $2,257 $2,257 $2,257 $2,257 362.2 Reduce funds for personnel to reflect projected expenditures. State General Funds ($41,643) ($41,643) ($41,643) ($41,643) 362.100 -Rail Appropriation (HB 741) 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 $135,321 $135,321 $135,321 $135,321 State General Funds $135,321 $135,321 $135,321 $135,321 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 $223,560 $223,560 $223,560 $223,560 MONDAY, MARCH 12, 2012 1971 Routine 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $163,301,045 $0 $163,301,045 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 363.1 Increase funds for operations. State Motor Fuel Funds $12,180,000 $12,180,000 $12,180,000 $12,180,000 363.2 Increase funds for contracts. State Motor Fuel Funds $1,084,479 $1,084,479 $1,084,479 $1,084,479 363.3 Transfer surplus personnel funds from the Local Road Assistance Administration program to the Routine Maintenance program for operations. State Motor Fuel Funds $8,152,802 $8,152,802 $8,152,802 $8,152,802 363.100 -Routine Maintenance Appropriation (HB 741) 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. 1972 JOURNAL OF THE SENATE TOTAL STATE FUNDS $184,718,326 State Motor Fuel Funds $184,718,326 TOTAL FEDERAL FUNDS $24,886,452 Federal Highway Admin.-Planning & Construction CFDA20.205 $24,886,452 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $642,602 State Funds Transfers $642,602 Agency to Agency Contracts $642,602 TOTAL PUBLIC FUNDS $210,247,380 $184,718,326 $184,718,326 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $210,247,380 $184,718,326 $184,718,326 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $210,247,380 $184,718,326 $184,718,326 $24,886,452 $24,886,452 $642,602 $642,602 $642,602 $210,247,380 Traffic Management and Control 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 $59,337,643 364.100-Traffic Management and Control Appropriation (HB 741) 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 $19,640,861 State Motor Fuel Funds $19,640,861 $19,640,861 $19,640,861 $19,640,861 TOTAL FEDERAL FUNDS $35,670,542 $35,670,542 $35,670,542 $35,670,542 MONDAY, MARCH 12, 2012 1973 Federal Highway Admin.-Planning & Construction CFDA20.205 $35,670,542 TOTAL AGENCY FUNDS $4,026,240 Sales and Services $4,026,240 Sales and Services Not Itemized $4,026,240 TOTAL PUBLIC FUNDS $59,337,643 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 Transit Continuation Budget The purpose of this appropriation is to preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 365.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $24,199 $24,199 $24,199 $24,199 365.2 Reduce funds for contracts for metropolitan transit planning. State General Funds ($80,452) ($80,452) ($80,452) ($80,452) 365.3 Reduce funds for grants to large urbanized area transit systems. State General Funds ($400,000) ($400,000) ($400,000) ($400,000) 365.100 -Transit Appropriation (HB 741) 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 $2,920,272 $2,920,272 $2,920,272 $2,920,272 1974 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,920,272 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,250,639 $2,920,272 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,250,639 $2,920,272 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,250,639 $2,920,272 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,250,639 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 FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 366.1 Transfer funds from the Payments to State Road and Tollway Authority to the Capital Projects program for capital outlay projects. State Motor Fuel Funds ($815,267) ($815,267) ($815,267) ($815,267) 366.2 Increase prior year motor fuel funds for the State Road and Tollway Authority. Reserved Fund Balances Not Itemized $9,206,653 $9,206,653 $9,206,653 366.100-Payments to the State Road and Tollway Authority Appropriation (HB 741) 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 $85,930,544 $85,930,544 $85,930,544 $85,930,544 State Motor Fuel Funds $85,930,544 $85,930,544 $85,930,544 $85,930,544 TOTAL FEDERAL FUNDS $148,156,201 $148,156,201 $148,156,201 $148,156,201 Federal Highway Admin.-Planning & Construction CFDA20.205$148,156,201 $148,156,201 $148,156,201 $148,156,201 MONDAY, MARCH 12, 2012 1975 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $234,086,745 $9,206,653 $9,206,653 $9,206,653 $243,293,398 $9,206,653 $9,206,653 $9,206,653 $243,293,398 $9,206,653 $9,206,653 $9,206,653 $243,293,398 Economic Development Infrastructure Grants Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 888.1 Increase funds for infrastructure grants needed for economic development projects. Reserved Fund Balances Not Itemized $25,000,000 $6,000,000 888.99 Amendment: The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. Senate: The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. State General Funds $0 $0 888.100-Economic Development Infrastructure Grants Appropriation (HB 741) The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $25,000,000 $25,000,000 $25,000,000 $25,000,000 $6,000,000 $6,000,000 $6,000,000 $6,000,000 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 the State Treasurer, attached agency of the Department of Administrative Services. 1976 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.) 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. d.) 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. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses. Further, from all appropriations of motor fuel funds for prior fiscal years through the fiscal year ending June 30, 2011, the balances that remain unexpended and not contractually obligated and that are not for the purpose of grants to local governments or for payment of public debt are re-allocated in this bill to the programs listed below, (or in proportionate amounts if the total be otherwise), within the fund source line item, "Reserved Fund Balances Not Itemized," as follows: 353.100 Capital Construction Projects $455,542,322 354.100 Capital Maintenance Projects $357,694,882 355.100 Construction Administration $50,000,000 357.100 Departmental Administration $5,000,000 358.100 Local Maintenance and Improvement Grants $61,369,074 359.100 Local Road Assistance Administration $35,499,213 360.100 Planning $2,205,072 366.100 Payments to State Road and Tollway Authority $9,206,653 888.100 Economic Development Infrastructure Grants $6,000,000 Section 49: Veterans Service, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $20,536,594 $20,536,594 $20,536,594 $20,536,594 $20,536,594 $20,536,594 $18,178,053 $18,178,053 $18,178,053 $18,178,053 $18,178,053 $18,178,053 $38,714,647 $38,714,647 $38,714,647 $20,536,594 $20,536,594 $18,178,053 $18,178,053 $38,714,647 MONDAY, MARCH 12, 2012 1977 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $20,315,285 $20,315,285 $20,315,285 $20,315,285 $18,173,897 $18,173,897 $18,173,897 $18,173,897 $38,489,182 $38,489,182 $20,340,315 $20,340,315 $18,148,867 $18,148,867 $38,489,182 $20,340,315 $20,340,315 $18,148,867 $18,148,867 $38,489,182 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 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 367.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $19,107 $19,107 $19,107 $19,107 367.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $38,404 $38,404 $38,404 $38,404 367.3 Reduce funds for contracts. State General Funds ($1,200) ($1,200) ($1,200) ($1,200) 367.4 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Administration program for rental expenses. State General Funds $21,268 $21,268 $21,268 $21,268 367.5 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program to the Administration program for telecommunications. State General Funds $6,900 $6,900 $6,900 $6,900 1978 JOURNAL OF THE SENATE 367.100-Departmental Administration Appropriation (HB 741) 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 $1,367,900 $1,367,900 $1,367,900 $1,367,900 State General Funds $1,367,900 $1,367,900 $1,367,900 $1,367,900 TOTAL PUBLIC FUNDS $1,367,900 $1,367,900 $1,367,900 $1,367,900 Georgia Veterans Memorial Cemetery Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $562,906 $562,906 $35,700 $35,700 $598,606 $562,906 $562,906 $35,700 $35,700 $598,606 $562,906 $562,906 $35,700 $35,700 $598,606 $562,906 $562,906 $35,700 $35,700 $598,606 368.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $10,607 $10,607 $10,607 $10,607 368.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,800 $4,800 $4,800 $4,800 368.3 Replace funds for veteran burials. (S and CC:Replace funds to reflect federal reimbursement rate) State General Funds Federal Funds Not Itemized Total Public Funds: ($99,930) $99,930 $0 ($99,930) $99,930 $0 ($74,900) $74,900 $0 ($74,900) $74,900 $0 368.4 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Georgia Veterans Memorial Cemetery program for energy expenses and personnel. State General Funds $35,898 $35,898 $35,898 $35,898 MONDAY, MARCH 12, 2012 1979 368.5 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program to the Georgia Veterans Memorial Cemetery program for telecommunications. State General Funds $3,475 $3,475 $3,475 $3,475 368.100-Georgia Veterans Memorial Cemetery Appropriation (HB 741) 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 $517,756 $517,756 $542,786 $542,786 State General Funds $517,756 $517,756 $542,786 $542,786 TOTAL FEDERAL FUNDS $135,630 $135,630 $110,600 $110,600 Federal Funds Not Itemized $135,630 $135,630 $110,600 $110,600 TOTAL PUBLIC FUNDS $653,386 $653,386 $653,386 $653,386 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 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 369.1 Reduce funds due to reduced average daily patient census. State General Funds Federal Funds Not Itemized Total Public Funds: ($107,653) ($16,711) ($124,364) ($107,653) ($16,711) ($124,364) ($107,653) ($16,711) ($124,364) ($107,653) ($16,711) ($124,364) 369.2 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program to the Administration program, Georgia Veterans Memorial Cemetery program, and Veterans Benefits program. State General Funds ($49,875) ($49,875) ($49,875) ($49,875) 1980 JOURNAL OF THE SENATE 369.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 741) 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 $5,021,239 $5,021,239 $5,021,239 $5,021,239 State General Funds $5,021,239 $5,021,239 $5,021,239 $5,021,239 TOTAL FEDERAL FUNDS $5,271,220 $5,271,220 $5,271,220 $5,271,220 Federal Funds Not Itemized $5,271,220 $5,271,220 $5,271,220 $5,271,220 TOTAL PUBLIC FUNDS $10,292,459 $10,292,459 $10,292,459 $10,292,459 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 $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 $8,064,293 $8,064,293 $8,230,982 $8,230,982 $16,295,275 370.1 Reduce funds due to reduced average daily patient census. State General Funds Federal Funds Not Itemized Total Public Funds: ($200,949) ($87,375) ($288,324) ($200,949) ($87,375) ($288,324) ($200,949) ($87,375) ($288,324) ($200,949) ($87,375) ($288,324) 370.2 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Administration program and Georgia Veterans Memorial Cemetery program. State General Funds ($57,166) ($57,166) ($57,166) ($57,166) 370.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 741) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,806,178 $7,806,178 $7,806,178 $7,806,178 State General Funds $7,806,178 $7,806,178 $7,806,178 $7,806,178 TOTAL FEDERAL FUNDS $8,143,607 $8,143,607 $8,143,607 $8,143,607 Federal Funds Not Itemized $8,143,607 $8,143,607 $8,143,607 $8,143,607 TOTAL PUBLIC FUNDS $15,949,785 $15,949,785 $15,949,785 $15,949,785 MONDAY, MARCH 12, 2012 1981 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 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 371.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $79,703 $79,703 $79,703 $79,703 371.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $36,802 $36,802 $36,802 $36,802 371.3 Reduce funds for contracts. State General Funds ($1,000) ($1,000) ($1,000) ($1,000) 371.4 Transfer funds from the Georgia War Veterans Nursing Home - Augusta program for telecommunications. State General Funds $39,500 $39,500 $39,500 $39,500 371.100 -Veterans Benefits Appropriation (HB 741) 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 $5,602,212 $5,602,212 $5,602,212 $5,602,212 State General Funds $5,602,212 $5,602,212 $5,602,212 $5,602,212 TOTAL FEDERAL FUNDS $4,623,440 $4,623,440 $4,623,440 $4,623,440 Federal Funds Not Itemized $4,623,440 $4,623,440 $4,623,440 $4,623,440 TOTAL PUBLIC FUNDS $10,225,652 $10,225,652 $10,225,652 $10,225,652 1982 JOURNAL OF THE SENATE Section 50: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $21,460,870 $21,460,870 $21,460,870 $21,460,870 $21,460,870 $21,460,870 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $21,984,702 $21,984,702 $21,984,702 Section Total - Final $21,767,020 $21,767,020 $21,767,020 $21,767,020 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $22,290,852 $22,290,852 $21,767,020 $21,767,020 $523,832 $523,832 $523,832 $22,290,852 $21,460,870 $21,460,870 $523,832 $523,832 $523,832 $21,984,702 $21,767,020 $21,767,020 $523,832 $523,832 $523,832 $22,290,852 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 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 372.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $186,110 $186,110 $186,110 $186,110 MONDAY, MARCH 12, 2012 1983 372.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $56,500 $56,500 $56,500 $56,500 372.100-Administer the Workers' Compensation Laws Appropriation (HB 741) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,133,665 $11,133,665 $11,133,665 $11,133,665 State General Funds $11,133,665 $11,133,665 $11,133,665 $11,133,665 TOTAL AGENCY FUNDS $458,353 $458,353 $458,353 $458,353 Sales and Services $458,353 $458,353 $458,353 $458,353 Sales and Services Not Itemized $458,353 $458,353 $458,353 $458,353 TOTAL PUBLIC FUNDS $11,592,018 $11,592,018 $11,592,018 $11,592,018 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 $10,569,815 $10,569,815 $65,479 $65,479 $65,479 $10,635,294 $10,569,815 $10,569,815 $65,479 $65,479 $65,479 $10,635,294 $10,569,815 $10,569,815 $65,479 $65,479 $65,479 $10,635,294 $10,569,815 $10,569,815 $65,479 $65,479 $65,479 $10,635,294 373.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 34.063% for December 2011 to April 2012. State General Funds $32,046 $32,046 $32,046 $32,046 373.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $31,494 $31,494 $31,494 $31,494 1984 JOURNAL OF THE SENATE 373.100 -Board Administration Appropriation (HB 741) 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 $10,633,355 $10,633,355 $10,633,355 $10,633,355 State General Funds $10,633,355 $10,633,355 $10,633,355 $10,633,355 TOTAL AGENCY FUNDS $65,479 $65,479 $65,479 $65,479 Sales and Services $65,479 $65,479 $65,479 $65,479 Sales and Services Not Itemized $65,479 $65,479 $65,479 $65,479 TOTAL PUBLIC FUNDS $10,698,834 $10,698,834 $10,698,834 $10,698,834 Section 51: State of Georgia General Obligation Debt Sinking Fund Section Total - Continuation TOTAL STATE FUNDS $1,065,192,429 $1,065,192,429 $1,065,192,429 $1,065,192,429 State General Funds $871,557,833 $871,557,833 $871,557,833 $871,557,833 State Motor Fuel Funds $193,634,596 $193,634,596 $193,634,596 $193,634,596 TOTAL FEDERAL FUNDS $11,353,993 $11,353,993 $11,353,993 $11,353,993 Federal Funds Not Itemized $11,353,993 $11,353,993 $11,353,993 $11,353,993 TOTAL PUBLIC FUNDS $1,076,546,422 $1,076,546,422 $1,076,546,422 $1,076,546,422 TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $987,710,192 $979,948,825 $794,075,596 $786,314,229 $193,634,596 $193,634,596 $11,353,993 $11,353,993 $11,353,993 $11,353,993 $999,064,185 $991,302,818 $979,948,825 $786,314,229 $193,634,596 $11,353,993 $11,353,993 $991,302,818 $979,948,825 $786,314,229 $193,634,596 $11,353,993 $11,353,993 $991,302,818 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS $996,364,333 $802,729,737 $193,634,596 $11,353,993 $996,364,333 $802,729,737 $193,634,596 $11,353,993 $996,364,333 $802,729,737 $193,634,596 $11,353,993 $996,364,333 $802,729,737 $193,634,596 $11,353,993 MONDAY, MARCH 12, 2012 1985 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $11,353,993 $11,353,993 $11,353,993 $11,353,993 $1,007,718,326 $1,007,718,326 $1,007,718,326 $1,007,718,326 374.1 Reduce funds to capture savings associated with favorable rates received with the bond sale. State General Funds ($80,670,665) ($85,243,604) ($85,243,604) ($85,243,604) 374.2 Increase funds. State General Funds $3,188,428 $0 $0 $0 374.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Total Debt Service 5 year at 5% Total Amount State General Funds Total Principal Amount 5 year at 5% Total Amount State General Funds $918,882,096 $725,247,500 $193,634,596 $11,353,993 $11,353,993 $930,236,089 $911,120,729 $717,486,133 $193,634,596 $11,353,993 $11,353,993 $922,474,722 Appropriation (HB 741) $911,120,729 $911,120,729 $717,486,133 $717,486,133 $193,634,596 $193,634,596 $11,353,993 $11,353,993 $11,353,993 $11,353,993 $922,474,722 $922,474,722 Continuation Budget $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $0 $0 1986 JOURNAL OF THE SENATE 375.1 Transfer the authorization of $3,000,000 in 5-year bonds from the Department of Economic Development for the Georgia Research Alliance, to the Board of Regents, University System of Georgia, for equipment and research and development infrastructure. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 $0 375.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 Appropriation (HB 741) $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 The following paragraphs authorizing the issuance of general obligation debt first appeared in the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 217, Act No. 223 2011 Regular Session, H.B. 78). For some of these paragraphs, the authority they provide to issue debt has either been fully utilized or partially utilized. For those fully utilized, their repetition here is only to prevent an incorrect implication of their repeal by omission and does not indicate new authority. For those partially utilized there is no intent to renew the full authority but only to reflect the continuing power to utilize the remaining authority. [BOND 379.101] GDC multi-projects: $10,000,000 in principal for 5 years at 5%: Fund major repairs and equipment replacement statewide. From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.102] GDC multi-projects: $4,000,000 in principal for 20 years at 5.75%: Fund facility improvements and renovations statewide. From State General Funds, $342,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. MONDAY, MARCH 12, 2012 1987 [BOND 379.103] GDC multi-projects: $3,500,000 in principal for 20 years at 5.75%: Fund security and life safety improvements at facilities statewide. From State General Funds, $299,600 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.111] National Guard Armories: $3,965,000 in principal for 20 years at 5.75%: Provide state match to design and construct the Lorenzo Benn Armory in Atlanta. From State General Funds, $339,404 is specifically appropriated for the purpose of financing projects and facilities for the Department of Defense by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,965,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.112] Defense Multi-projects: $750,000 in principal for 5 years at 5%: Fund major repairs and renovations at facilities statewide. From State General Funds, $173,250 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. [BOND 379.121] GBI Multi-Projects: $145,000 in principal for 5 years at 5%: Fund major repairs and renovations at facilities statewide. From State General Funds, $33,495 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 $145,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. 1988 JOURNAL OF THE SENATE [BOND 379.122] GBI Multi-Projects: $420,000 in principal for 5 years at 5%: Purchase crime scene investigative equipment. From State General Funds, $97,020 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 $420,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.123] GBI Multi-Projects: $1,500,000 in principal for 5 years at 5%: Purchase an FCC narrow band compliant Law Enforcement Dispatch and Communication System. From State General Funds, $346,500 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 $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.131] DJJ Multi-Projects: $3,285,000 in principal for 5 years at 5%: Fund major repairs and purchase equipment for facilities statewide. From State General Funds, $758,835 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 $3,285,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.132] DJJ Multi-Projects: $4,220,000 in principal for 20 years at 5.75%: Fund improvements and renovations at facilities statewide. From State General Funds, $361,232 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 $4,220,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.133] Macon Regional Youth Detention Center: $120,000 in principal for 5 years at 5%: Design the Macon Administration and Multipurpose building. MONDAY, MARCH 12, 2012 1989 From State General Funds, $27,720 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 $120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.134] Eastman Youth Development Campus: $1,515,000 in principal for 20 years at 5.75%: Construct the Eastman YDC Unit Support additions. From State General Funds, $129,684 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 $1,515,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.141] Public Safety Training Center: $1,000,000 in principal for 20 years at 5.75%: Fund major facility repairs and renovations. (H and S:Provide $1,000,000 in 20-year bonds) From State General Funds, $85,600 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.142] Patrol Posts Various: $5,000,000 in principal for 5 years at 5%: Purchase 200 law enforcement pursuit vehicles. (S:Purchase 100 law enforcement pursuit vehicles) From State General Funds, $1,155,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.191] Reservoirs: $25,000,000 in principal for 20 years at 5.75%: Fund reservoirs statewide. (S and CC:Fund new reservoirs and expand existing reservoirs statewide) 1990 JOURNAL OF THE SENATE From State General Funds, $2,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 379.201] Local Government Infrastructure: $23,000,000 in principal for 20 years at 5.75%: Capitalize the State Funded Water and Sewer Construction Loan Program. From State General Funds, $1,968,800 is specifically appropriated for the Georgia Environmental Finance 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 $23,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.202] Local Government Infrastructure: $6,000,000 in principal for 20 years at 5.75%: Fund the state match for the federal Clean Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $513,600 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.203] Local Government Infrastructure: $20,750,000 in principal for 20 years at 5.75%: Fund reservoir development. (S and CC:Fund new and existing reservoir development) From State General Funds, $1,776,200 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.204] Local Government Infrastructure: $6,000,000 in principal for 20 years at 5.75%: Fund the state match for the federal Drinking Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $513,600 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. MONDAY, MARCH 12, 2012 1991 [BOND 379.211] Georgia World Congress Center: $1,265,000 in principal for 20 years at 5.75%: Fund renovations and upgrades at Building A. From State General Funds, $108,284 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 $1,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.212] Georgia World Congress Center: $5,000,000 in principal for 20 years at 5.75%: Fund an expanded parking facility and related improvements. From State General Funds, $454,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.221] Ports Authority: $32,000,000 in principal for 20 years at 5.75%: Fund the state match to federal funds for the Savannah Harbor Deepening Project. From State General Funds, $2,739,200 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 $32,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.231] Rail Lines: $6,000,000 in principal for 20 years at 5.75%: Fund the McIntyre Passing Siding Project. (S:Fund the McIntyre Passing Siding, Vidalia-Swainsboro, Valdosta-Willacoochee, and Heart of Georgia Infrastructure projects)(CC:Fund the McIntyre Passing Siding, Vidalia-Swainsboro, Valdosta-Willacoochee, Heart of Georgia Infrastructure, Dawson, and Ogeechee River Crossing projects) From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. 1992 JOURNAL OF THE SENATE [BOND 379.301] K - 12 Schools: $44,120,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular for local school construction. (S:Include $2,000,000 for Clarkdale Elementary) From State General Funds, $4,398,764 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 $44,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.302] K - 12 Schools: $21,820,000 in principal for 20 years at 6.75%: Fund the Capital Outlay ProgramExceptional Growth for local school construction. (H and S:Recommend funding at the $40 million entitlement level and provide $21,820,000 in 20-year bonds) From State General Funds, $2,175,454 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 $21,820,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.303] K - 12 Schools: $118,650,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. From State General Funds, $11,829,405 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 $118,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.304] K - 12 Schools: $1,315,000 in principal for 20 years at 6.75%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $131,105 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $1,315,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.305] K - 12 Equipment: $8,895,000 in principal for 5 years at 5%: Purchase vocational equipment statewide. (H and S:Provide $1,388,750 in 5-year bonds for equipment for Agriculture Education Programs and $7,506,250 in 5-year bonds for Career and Technical Education Programs) MONDAY, MARCH 12, 2012 1993 From State General Funds, $2,054,745 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $8,895,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.306] K - 12 Schools: $10,000,000 in principal for 20 years at 6.75%: Fund new science, technology, engineering and mathematics (STEM) charter schools statewide. (H and S:Provide $10,000,000 in 20-year bonds) From State General Funds, $997,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.307] K - 12 Schools: $2,075,000 in principal for 20 years at 5.75%: Fund facility repairs and improvements at state schools. (H and CC:Provide $2,075,000 in 20-year bonds)(S:Provide $1,335,000 in 20-year bonds) From State General Funds, $177,620 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 $2,075,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.308] K - 12 Equipment: $25,000,000 in principal for 10 years at 5.27%: Purchase 657 school buses statewide. (H and S:Provide $25,000,000 in 10-year bonds for 328 buses statewide) From State General Funds, $3,280,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Education by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. [BOND 379.421] Tax System: $3,000,000 in principal for 5 years at 5%: Complete implementation of the Integrated Tax System. From State General Funds, $693,000 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 1994 JOURNAL OF THE SENATE 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 379.422] Tax System: $800,000 in principal for 5 years at 5%: Purchase OPEX scanning machines and shredders. From State General Funds, $184,800 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. [BOND 379.501] DBHDD Multi-projects: $3,100,000 in principal for 5 years at 5%: Fund major repairs and equipment replacement statewide. (H and S:Provide $3,100,000 in 5-year bonds as revised by the Governor) From State General Funds, $716,100 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 $3,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.502] DBHDD Multi-projects: $1,000,000 in principal for 20 years at 5.75%: Fund construction and renovation projects statewide. (H and S:Provide $1,000,000 in 20-year bonds as revised by the Governor) From State General Funds, $85,600 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.511] Community Health Multi-projects: $10,000,000 in principal for 5 years at 5%: Implement a new eligibility system. From State General Funds, $2,310,000 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 $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. MONDAY, MARCH 12, 2012 1995 [BOND 379.512] Public Health Multi-Projects: $500,000 in principal for 5 years at 5%: Fund facility repairs statewide. From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Department of Public 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.521] Georgia War Veterans Nursing Home, Milledgeville: $500,000 in principal for 5 years at 5%: Purchase furniture and equipment for C-Wing Alzheimer's Patient Care Unit. From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.601] Atlanta Metropolitan College: $1,000,000 in principal for 5 years at 5%: Purchase equipment for the Academic Sciences Building. From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.602] Abraham Baldwin Agricultural College: $3,250,000 in principal for 20 years at 5.75%: Construct renovations for the Historic Lewis and Herring Halls. From State General Funds, $278,200 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 $3,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. 1996 JOURNAL OF THE SENATE [BOND 379.603] Georgia Institute of Technology: $4,200,000 in principal for 20 years at 5.75%: Construct the InfrastructureEco Commons Area A. From State General Funds, $359,520 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 $4,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.604] University of West Georgia: $16,500,000 in principal for 20 years at 5.75%: Construct the Nursing Building. From State General Funds, $1,412,400 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 $16,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.606] Regents: $45,000,000 in principal for 20 years at 5.75%: Fund major repairs and renovations statewide. From State General Funds, $3,852,000 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 $45,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.607] College of Coastal Georgia: $7,600,000 in principal for 20 years at 5.75%: Design and construct the Teacher Education and Learning Center. From State General Funds, $650,560 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $7,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.608] Kennesaw State University: $18,000,000 in principal for 20 years at 5.75%: Fund infrastructure expansion and design and construct an Education Classroom Facility. From State General Funds, $1,540,800 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, MONDAY, MARCH 12, 2012 1997 enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $18,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.611] Georgia Southern University: $21,000,000 in principal for 20 years at 5.75%: Construct the Biology Building. From State General Funds, $1,797,600 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 $21,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.612] Georgia Southwestern State University: $7,800,000 in principal for 20 years at 5.75%: Construct the Health and Human Sciences Building. From State General Funds, $667,680 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 $7,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.613] Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.614] Rock Eagle 4-H Facility: $2,500,000 in principal for 20 years at 5.75%: Fund major repairs and renovations. (CC:Fund construction) From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. 1998 JOURNAL OF THE SENATE [BOND 379.615] Agricultural Experiment Station Facilities: $4,000,000 in principal for 20 years at 5.75%: Fund major repairs and renovations statewide. From State General Funds, $342,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.616] Agricultural Experiment Station Facilities: $1,000,000 in principal for 5 years at 5%: Provide funds for equipment statewide. From State General Funds, $231,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, 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 379.619] South Georgia College: $1,200,000 in principal for 5 years at 5%: Fund the utility loop infrastructure project. From State General Funds, $277,200 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.620] Armstrong Atlantic State University: $2,750,000 in principal for 20 years at 5.75%: Fund major repairs and renovations at Gamble Hall. From State General Funds, $235,400 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 $2,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. MONDAY, MARCH 12, 2012 1999 [BOND 379.622] North Georgia College and State University: $3,000,000 in principal for 5 years at 5%: Equip the North Georgia College and State University Campus in Forsyth County. From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.625] Georgia Gwinnett College: $7,100,000 in principal for 20 years at 5.75%: Provide funds for campus wide construction. From State General Funds, $607,760 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 $7,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.651] Technical College Multi-Projects: $10,000,000 in principal for 20 years at 5.75%: Fund major facility repairs and renovations. From State General Funds, $856,000 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. [BOND 379.652] Technical College Multi-Projects: $5,000,000 in principal for 5 years at 5%: Replace obsolete equipment. (H and S:Provide $5,000,000 in 5-year bonds) From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. 2000 JOURNAL OF THE SENATE [BOND 379.653] Moultrie Technical College: $1,615,000 in principal for 5 years at 5%: Equip the Allied Health Building. From State General Funds, $373,065 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 $1,615,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.654] Sandersville Technical College: $1,740,000 in principal for 5 years at 5%: Equip the Health Sciences and Business Development Center. From State General Funds, $401,940 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 $1,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.655] Central Georgia Technical College: $2,940,000 in principal for 5 years at 5%: Equip the Center for Health Sciences. From State General Funds, $679,140 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 $2,940,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.658] Southern Crescent Technical College: $5,465,000 in principal for 20 years at 5.75%: Design and construct the Classroom Building. From State General Funds, $467,804 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,465,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.659] Technical College Multi-Projects: $10,000,000 in principal for 20 years at 5.75%: Provide funds for construction, renovation or equipment for Career Academies. MONDAY, MARCH 12, 2012 2001 From State General Funds, $856,000 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. [BOND 379.665] North Georgia Technical College: $3,200,000 in principal for 20 years at 5.75%: Expand the Health Classroom building on the Currahee Campus. From State General Funds, $273,920 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.667] Technical College Multi-Projects: $1,000,000 in principal for 10 years at 5.27%: Provide funds for the purchase and maintenance of CDL vehicles. From State General Funds, $131,200 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. [BOND 379.681] Twiggs County Public Library: $1,150,000 in principal for 20 years at 5.75%: Design and construct new library as part of the Middle Georgia Regional Library System. From State General Funds, $98,440 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 Twiggs County Public Library, for that library, through the issuance of not more than $1,150,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.701] Forestry Equipment: $3,200,000 in principal for 5 years at 5%: Replace firefighting equipment statewide. From State General Funds, $739,200 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 2002 JOURNAL OF THE SENATE 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 60 months. [BOND 379.702] Forestry Buildings: $2,500,000 in principal for 20 years at 5.75%: Fund major repairs and renovations at facilities statewide. (H and S:Provide $2,500,000 in 20-year bonds) From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the State Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.711] DNR multi-projects: $890,000 in principal for 5 years at 5%: Complete law enforcement dispatch and communication system for the Wildlife Resources Division to comply with Federal Communications Commission requirements. From State General Funds, $205,590 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 $890,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. [BOND 379.712] DNR multi-projects: $7,500,000 in principal for 20 years at 5.75%: Fund major repairs and renovations at facilities and infrastructure statewide. (H:Provide $5,000,000 in 20-year bonds)(S and CC:Provide $7,500,000 in 20-year bonds) From State General Funds, $642,000 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 $7,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.713] DNR multi-projects: $500,000 in principal for 5 years at 5%: Replace law enforcement vehicles. From State General Funds, $115,500 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, MONDAY, MARCH 12, 2012 2003 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 379.714] Georgia National Fairgrounds and Agricenter: $1,100,000 in principal for 20 years at 5.75%: Retrofit horse barn and cover existing practice ring. From State General Funds, $94,160 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.731] Soil & Water Conservation Watershed: $6,000,000 in principal for 20 years at 5.75%: Rehabilitate USDA flood control watershed structures to bring them into compliance with Georgia's Safe Dams Act. From State General Funds, $513,600 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 $6,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.741] State Farmers' Markets: $2,500,000 in principal for 20 years at 5.75%: Fund major repairs and renovations. From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Agriculture by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. [BOND 379.750] Georgia Aviation Authority: $2,000,000 in principal for 10 years at 5.27%: Provide funds for the purchase of aircraft. From State General Funds, $262,400 is specifically appropriated for the purpose of financing projects and facilities for the Department of Administrative Services by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. 2004 JOURNAL OF THE SENATE Section 52: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 51 of the General Appropriations Act for state fiscal year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, 225, Act No. 223, 2011 Regular Session, H.B. 78), which reads as follows: Economic Development, Department of 379.613 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 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 $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. is hereby amended to read as follows: University System of Georgia, Board of Regents 379.613 BOND: Georgia Research Alliance: $3,000,000 in principal for 5 years at 5%: Purchase equipment and fund R&D infrastructure. From State General Funds, $693,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. Section 53: 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. MONDAY, MARCH 12, 2012 2005 Section 54: Leases In accordance with the requirements of Article IX, Section III, 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 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 51, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article VII, Section III, Paragraph I(a) of the Georgia Constitution. The caption above the Bond number, the light-faced text immediately following the Bond number before the bold-faced text, and the light-faced after the bold-faced text are information only. Similarly, text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose but constitutes information as to how the appropriation was derived. Amounts in the columns other than the rightmost column are for informational purposes only. Except for the prior year motor fuel funds re-allocated according to the legal text at the end of Section 48, 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 52, 53, and 54 contain, constitute, or amend appropriations. 2006 JOURNAL OF THE SENATE Section 56: Flex Except for the prior year motor fuel funds re-allocated according to the legal text at the end of Section 48, (notwithstanding their fund source character), and otherwise 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. This paragraph applies to and only to the appropriations for the "Medicaid: Low-Income Medicaid" and "Medicaid: Aged, Blind, and Disabled" programs of the Department of Community Health. The appropriation of a particular State fund source for each program is the amount stated, and each program shall also be authorized up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same State fund source for the other program to that agency is reduced in the same amount, such that the stated total in program appropriations from that State fund source for the two programs is not exceeded. However, the additional amount must be from a State fund source which is lawfully available for the program to which it is added. Part II: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval. Part III: Repeal Conflicting Laws All laws and parts of laws in conflict with this act are repealed. MONDAY, MARCH 12, 2012 2007 Senator Hill of the 4th moved that the Senate agree to the House amendment to the Senate substitute to HB 741. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris Y Ramsey E Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 741. The following communications were received by the Secretary: Senator Chip Rogers District 21 236 State Capitol Atlanta, GA 30334 Committees: Administrative Affairs Appropriations Assignments Finance Insurance and Labor Reapportionment and Redistricting Rules Education and Youth The State Senate Atlanta, Georgia 30334 March 12, 2012 2008 JOURNAL OF THE SENATE The Honorable Bob Ewing 353 State Capitol Atlanta, Georgia 30334 Bob I intended to vote "yes" on HB 741 and wish that to be reflected in the official record. If you have any questions, please feel free to call my office. Sincerely, /s/ Chip Rogers Majority Leader - State Senate Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 12, 2012 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Tommie Williams to serve as Ex-Officio member for the Senate Public Safety Committee on March 12, 2012. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Williams of the 19th moved that the Senate adjourn until 10:00 a.m. Tuesday, March 13, 2012. The motion prevailed, and the President announced the Senate adjourned at 2:11 p.m. TUESDAY, MARCH 13, 2012 2009 Senate Chamber, Atlanta, Georgia Tuesday, March 13, 2012 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 Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1015. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), an Act approved March 31, 1976 (Ga. L. 1976, p. 3643), and an Act approved April 25, 2002 (Ga. L. 2002, p. 4984), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for terms of office and election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1057. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3944), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4584), so as to revise the districts for the election of members of the board 2010 JOURNAL OF THE SENATE of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1179. By Representative Anderson of the 117th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved April 5, 2002 (Ga. L. 2002, p. 4909), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1180. By Representative Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986, p. 3661), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5766), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1203. By Representatives Smith of the 122nd, Howard of the 121st, Frazier of the 123rd and Murphy of the 120th: A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority may be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes. HB 1204. By Representatives Coleman of the 97th and Rice of the 51st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), TUESDAY, MARCH 13, 2012 2011 as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1205. By Representatives Brockway of the 101st and Clark of the 104th: A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Lawrenceville, Georgia, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to change the term of office for the mayor; to change the term of office for city councilmembers; to provide for a transition to the new terms of office; to provide for term limits for the mayor; to provide for term limits for city councilmembers; to repeal conflicting laws; and for other purposes. HB 1206. By Representatives Randall of the 138th, Peake of the 137th, Dickey of the 136th, Epps of the 140th, Beverly of the 139th and others: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended, so as to provide for the power of the authority to enter into contracts with counties and municipal corporations to provide public transportation services; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1208. By Representatives Ehrhart of the 36th, Dollar of the 45th, Carson of the 43rd, Parsons of the 42nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1223. By Representatives Hamilton of the 23rd, Byrd of the 20th, Hill of the 21st and Jerguson of the 22nd: A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly 2012 JOURNAL OF THE SENATE by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for 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 1004. By Representative Sims of the 169th: A BILL to be entitled an Act to amend an Act establishing the office of Commissioner of Roads and Revenues in the County of Coffee, approved March 26, 1937 (Ga. L. 1937, p. 1294), as amended, particularly by an Act approved March 15, 1994 (Ga. L. 1994, p. 3663), and an Act approved October 25, 2001 (Ga. L. 2001, Ex. Sess., p. 747), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 303. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 13, 2012 2013 SB 304. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 309. By Senators Jeffares of the 17th, Bulloch of the 11th, Heath of the 31st, Shafer of the 48th, Staton of the 18th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 27 of the Official Code of Georgia Annotated, relating to hunting, trapping, or fishing licenses, permits, and stamps generally, so as to authorize issuance of special hunting privileges to persons with a terminal illness; to provide a short title; to provide a definition; to repeal conflicting laws; and for other purposes. SB 413. By Senator Jackson of the 24th: A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Glascock County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 494. By Senators Cowsert of the 46th and Ginn of the 47th: A BILL to be entitled an Act to amend an Act providing for the unification of the existing governments of the City of Athens and Clarke County and providing a charter for the unified government of Athens-Clarke County, approved March 2, 1990 (Ga. L. 1990, p. 3560), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4246), so as to change the composition and description of the districts from which the members of the Commission of Athens-Clarke County are elected; to provide for terms of office and manner of election; to provide for definitions and inclusions; 2014 JOURNAL OF THE SENATE to provide for the manner of redistricting; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for an effective date; 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 525. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to modernize, update, and revise such Act; to eliminate archaic language; to revise provisions relating to elections, runoffs, expenses, county attorney, financial statements, competitive bidding, audits, road maintenance, and oversight; to provide for the ratification of certain contracts; to provide for related matters; 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 1015. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), an Act approved March 31, 1976 (Ga. L. 1976, p. 3643), and an Act approved April 25, 2002 (Ga. L. 2002, p. 4984), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for terms of office and election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1057. By Representative Burns of the 157th: A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as TUESDAY, MARCH 13, 2012 2015 amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3944), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4584), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to the federal Voting Rights Act of 1965, as amended; 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 1179. By Representative Anderson of the 117th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved April 5, 2002 (Ga. L. 2002, p. 4909), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1180. By Representative Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986, p. 3661), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5766), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1203. By Representatives Smith of the 122nd, Howard of the 121st, Frazier of the 123rd and Murphy of the 120th: A BILL to be entitled an Act to amend an Act creating the Augusta-Richmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), 2016 JOURNAL OF THE SENATE as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority may be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1204. By Representatives Coleman of the 97th and Rice of the 51st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1205. By Representatives Brockway of the 101st and Clark of the 104th: A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Lawrenceville, Georgia, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to change the term of office for the mayor; to change the term of office for city councilmembers; to provide for a transition to the new terms of office; to provide for term limits for the mayor; to provide for term limits for city councilmembers; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1206. By Representatives Randall of the 138th, Peake of the 137th, Dickey of the 136th, Epps of the 140th, Beverly of the 139th and others: A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended, so as to provide for the power of the authority to enter into contracts with counties and municipal corporations to provide public transportation services; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, MARCH 13, 2012 2017 HB 1208. By Representatives Ehrhart of the 36th, Dollar of the 45th, Carson of the 43rd, Parsons of the 42nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1223. By Representatives Hamilton of the 23rd, Byrd of the 20th, Hill of the 21st and Jerguson of the 22nd: A BILL to be entitled an Act to amend an Act providing for the numbering of positions of membership on the Cherokee County Board of Education, approved April 17, 1973 (Ga. L. 1973, p. 3207), as amended, particularly by an Act approved March 18, 1980 (Ga. L. 1980, p. 3275), and by an Act approved April 25, 2002 (Ga. L. 2002, p. 4869), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for manner of election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The following committee reports were read by the Secretary: Mr. President: The 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 868 Do Pass by substitute HB 897 Do Pass Respectfully submitted, Senator Chance of the 16th District, Chairman 2018 JOURNAL OF THE SENATE 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 692 HB 825 HB 845 Do Pass Do Pass Do Pass Respectfully submitted, Senator Millar of the 40th 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 792 Do Pass by substitute Respectfully submitted, Senator Carter of the 1st 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 820 Do Pass HB 1166 Do Pass Respectfully submitted, Senator Goggans of the 7th 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 711 Do Pass HB 763 Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman TUESDAY, MARCH 13, 2012 2019 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 732 Do Pass HB 900 Do Pass by substitute HB 827 Do Pass HB 991 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 1119 HB 1121 HB 1193 SB 514 SB 520 Do Pass Do Pass Do Pass Do Pass Do Pass HB 1120 HB 1188 HB 1202 SB 518 Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman Senator Williams of the 19th asked unanimous consent that the call of the roll be dispensed with. The consent was granted, and the roll call was dispensed with. The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Jeffares of the 17th introduced the chaplain of the day, Pastor Todd Hilton of Mansfield, Georgia, who offered scripture reading and prayer. Senator Crane of the 28th introduced the doctor of the day, Dr. Bidemi Leyimu. The President recognized the Telemedicine doctor of the day, Dr. Jean Sumner. 2020 JOURNAL OF THE SENATE The following resolutions were read and adopted: SR 1139. By Senator Rogers of the 21st: A RESOLUTION commending J.J. Biello Park Cherokee Tennis Center's USTA senior women's team for winning the 2012 City Championship; and for other purposes. SR 1140. By Senators Sims of the 12th, Fort of the 39th and Hooks of the 14th: A RESOLUTION honoring the life and memory of Mrs. Jo Neal Freeman; and for other purposes. SR 1141. By Senators James of the 35th, Henson of the 41st, Stoner of the 6th, Davenport of the 44th, Jones of the 10th and others: A RESOLUTION recognizing and commending Ms. Regina Belle; and for other purposes. SR 1142. By Senator Tate of the 38th: A RESOLUTION recognizing and commending the Honorable Marvin S. Arrington, Sr., on the occasion of his retirement; and for other purposes. SR 1143. By Senators Carter of the 1st, Goggans of the 7th, Williams of the 19th, Staton of the 18th, Rogers of the 21st and others: A RESOLUTION recognizing March 21, 2012, as Kick Butts Day at the capitol; and for other purposes. SR 1144. By Senators Stoner of the 6th, Mullis of the 53rd, Chance of the 16th, Hooks of the 14th and Henson of the 41st: A RESOLUTION recognizing and commending the Buckhead Coalition; and for other purposes. SR 1145. By Senator Gooch of the 51st: A RESOLUTION commending Ms. Catherine Ariemma, Lumpkin County High School's 2012 STAR Teacher; and for other purposes. TUESDAY, MARCH 13, 2012 2021 SR 1146. By Senator Gooch of the 51st: A RESOLUTION commending David Cromer, Lumpkin County High School's 2012 STAR Student; and for other purposes. SR 1147. By Senators Ligon, Jr. of the 3rd and Carter of the 1st: A RESOLUTION recognizing and commending Mr. Wayne Ervin, the 2011 Outstanding American History Teacher; and for other purposes. SR 1148. By Senators Hill of the 32nd, Loudermilk of the 52nd, Tippins of the 37th and Thompson of the 33rd: A RESOLUTION recognizing and commending the firefighters of Fire Station 19; and for other purposes. SR 1149. By Senators Butler of the 55th, Henson of the 41st and Jones of the 10th: A RESOLUTION honoring the life and memory of Mr. Ken Davis; and for other purposes. SR 1150. By Senators Stoner of the 6th, Butler of the 55th, Jones of the 10th, Unterman of the 45th, Mullis of the 53rd and others: A RESOLUTION recognizing May, 2012, as Chronic Obstructive Pulmonary Disease Awareness Month; and for other purposes. SR 1151. By Senator Tate of the 38th: A RESOLUTION honoring the life and memory of Ms. Louversia L. Wiggins; and for other purposes. SR 1152. By Senators Hill of the 4th, Miller of the 49th, Jackson of the 24th, Hooks of the 14th and Chance of the 16th: A RESOLUTION recognizing and commending Ms. Lorette A. Sibilly on the grand occasion of her retirement; and for other purposes. SR 1153. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Steven M. Orlando; and for other purposes. 2022 JOURNAL OF THE SENATE The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Sims of the 12th 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 March 13, 2012 Thirty-second Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 518 Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of commissioner districts; to provide for definitions and inclusions; to provide for election and terms of office of subsequent members; to revise provisions relating to amending the Act; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. SB 520 Crane of the 28th McKoon of the 29th TROUP COUNTY A BILL to be entitled an Act to create a board of elections and registration for Troup 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 HB 1119 HB 1120 HB 1121 HB 1188 TUESDAY, MARCH 13, 2012 2023 for certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's ability to perform certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Goggans of the 7th ATKINSON COUNTY A BILL to be entitled an Act to provide that future elections for the office of judge of the Probate Court of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th ATKINSON COUNTY A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Atkinson County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th COFFEE COUNTY A BILL to be entitled an Act to provide that future elections for the office of chief magistrate judge of Coffee County shall be nonpartisan elections; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd OAK GROVE CEMETARY AUTHORITY A BILL to be entitled an Act to create the Oak Grove Cemetery Authority; to provide for its purposes, funding, responsibilities, 2024 JOURNAL OF THE SENATE jurisdiction, membership, meetings, records, filling of vacancies, powers and duties, and application of conflicts of interest and ethics provisions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1193 Chance of the 16th Staton of the 18th MONROE COUNTY A BILL to be entitled an Act to amend an Act entitled "Monroe County Public Facilities Authority Act," approved May 14, 2008 (Ga. L. 2008, p. 4432), so as to repeal certain provisions limiting such authority's authority to issue revenue bonds to four years; to repeal conflicting laws; and for other purposes. HB 1202 Seay of the 34th Davenport of the 44th CLAYTON COUNTY A BILL to be entitled an Act to amend an Act creating the Clayton County board of commissioners, approved February 8, 1955 (Ga. L. 1955, p. 2064), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 4018), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide 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 514 Rogers of the 21st Murphy of the 27th CHEROKEE COUNTY A BILL to be entitled an Act to provide a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax for residents of that county; to provide for definitions; to specify the terms and conditions of the exemption and the procedures relating TUESDAY, MARCH 13, 2012 2025 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson 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 President recognized the General Health and Fitness Programs. Byron Childs of Grove High School in Chatham County addressed the Senate briefly. Brad Bartlett with Dole Packaged Foods North America addressed the Senate briefly. Senator Tate of the 38th was excused for business outside the Senate Chamber. Senator Balfour of the 9th moved to engross HB 729, which was on today's Senate Rules Calendar. 2026 JOURNAL OF THE SENATE Senator Henson of the 41st objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris Ramsey Rogers N Seay Y Shafer E Sims Y Staton Y Stone N Stoner E Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34, nays 13; the motion prevailed, and HB 729 was engrossed. Senator Carter of the 1st recognized the members of the St. Patrick's Day Parade Committee on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia, commended by SR 1124, adopted previously. Senator Carter of the 1st recognized the St. Patrick's Day Parade Committee Chairman Michael A. Foran on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia, commended by SR 1125, adopted previously. Senator Carter of the 1st recognized the St. Patrick's Day Parade Grand Marshal Timothy "Tim" Ansley on the upcoming occasion of the 2012 St. Patrick's Day Parade in Savannah, Georgia, commended by SR 1126, adopted previously. Grand Marshal Tim Ansley addressed the Senate briefly. Senator Millar of the 40th recognized the Honorable James W. Tysinger, commended by SR 1041, adopted previously. Honorable Jim Tysinger addressed the Senate briefly. TUESDAY, MARCH 13, 2012 2027 Senator Crosby of the 13th recognized the 2012 Georgia Cotton Queens, commended by SR 1094, adopted previously. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR TUESDAY, MARCH 13, 2012 THIRTY-SECOND LEGISLATIVE DAY HB 642 Georgia Services Administration; create; revise several Titles (GvtO-16th) Collins-27th HB 729 Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms (Substitute) (FIN-9th) Knight-126th HB 805 State Personnel Administration; abolition; make conforming amendments and correct references (GvtO-16th) Collins-27th HB 895 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods (PUB SAF-45th) Carter-175th 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 642. By Representatives Collins of the 27th, Hamilton of the 23rd, England of the 108th, Meadows of the 5th, Ehrhart of the 36th and others: A BILL to be entitled an Act to amend Titles 6, 12, 45, and 50 of the Official Code of Georgia Annotated, 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 amend numerous provisions of the Official Code of Georgia Annotated so as to make conforming amendments and correct cross references; to repeal specific laws; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. 2028 JOURNAL OF THE SENATE Senators Tippins of the 37th and Thompson of the 33rd offered the following amendment #1: Amend HB 642 (LC 25 5993-ECS) by inserting on line 7, following "appropriations;" the following: to change the date of "Georgia Day"; By inserting after line 1049 the following: SECTION 2-1.1. Said title is further amended by revising Code Section 1-4-17, relating to observance of "Georgia Day," as follows: "1-4-17. The twelfth day of February September 25 in each year is declared to be 'Georgia Day,' as the anniversary of the landing of the first colonists in Georgia under Oglethorpe to coincide with the teaching of Georgia history in the public schools." Senator Tippins of the 37th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Tippins, Thompson of the 33rd amendment #1 was withdrawn. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 13, 2012 2029 On the passage of the bill, the yeas were 48, nays 2. HB 642, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd recognized the month of April, 2012, as Genocide Prevention and Awareness Month at the capitol, commended by SR 1081, adopted previously. Senator Tippins of the 37th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 729. By Representative 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 provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 31, 2012 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 2030 JOURNAL OF THE SENATE SUBJECT: Fiscal Note House Bill 729 Substitute (LC 34 3255S) Dear Chairman Channell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This fiscal note provides the revenue impact for LC 34 3255S. Section 1 of LC 34 3255S amends the tax code of Georgia to incorporate the 2011 change to the federal income tax code. During 2011 only one federal tax bill was signed into legislation. The legislation contains only one provision with an implication to Georgia revenues. Passed initially as part of the 2010 Tax Relief Act, the reduction in the self-employed individual's social security tax rate from 12.4 percent to 10.4 percent is extended through February of 2012. Because these employment taxes paid by the self-employed are deductible against self-employment income, the temporary rate reduction serves to increase the taxable income of the self-employed and results in a revenue increase to the state tax base. The revenue effect of adopting this federal provision is shown in the table below. Revenue Effect of LC 34 3255S Section 1* Fiscal Years/$ in Millions 2012 2013 2014 2015 2016 Total 2012-2016 Revenue Effect of adopting 2011federal (2) 1 0 0 0 1 provisions *(2) indicates a revenue gain of less than $1,000,000. Totals may not add due to rounding. The modifications to the Official Code of Georgia Annotated contained in sections 2 through 4 of LC 34 3255S codify various existing Department of Revenue regulations and have no revenue consequence to the state. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 729: TUESDAY, MARCH 13, 2012 2031 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 clarify certain procedures relating to a receipt for a properly prepared county tax digest; to clarify certain definitions relating to sales and use taxes; to clarify that insulin is exempt from state sales and use tax; to provide a new exemption from sales and use taxes for an instrumentality of the states for a limited period of time; to provide effective dates; to provide applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraph (14) of Code Section 48-1-2, relating to definitions regarding revenue and taxation, as follows: "(14) 'Internal Revenue Code' or 'Internal Revenue Code of 1986' means for taxable years beginning on or after January 1, 2010 2011, the provisions of the United States Internal Revenue Code of 1986, as amended, provided for in federal law enacted on or before January 1, 2011 2012, except that Section 85(c), Section 108(i), Section 163(e)(5)(F), Section 164(a)(6), Section 164(b)(6), Section 168(b)(3)(I), Section 168(e)(3)(B)(vii), Section 168(e)(3)(E)(ix), Section 168(e)(8), Section 168(k) (but not excepting Section 168(k)(2)(A)(i), Section 168(k)(2)(D)(i), and Section 168(k)(2)(E)), Section 168(m), Section 168(n), Section 172(b)(1)(H), Section 172(b)(1)(J), Section 172(j), Section 179(f), Section 199, Section 810(b)(4), Section 1400L, Section 1400N(d)(1), Section 1400N(f), Section 1400N(j), Section 1400N(k), and Section 1400N(o) of the Internal Revenue Code of 1986, as amended, shall be treated as if they were not in effect, and except that Section 168(e)(7), Section 172(b)(1)(F), Section 172(i)(1), and Section 1221 of the Internal Revenue Code of 1986, as amended, shall be treated as they were in effect before the 2008 enactment of federal Public Law 110-343, and except that Section 163(i)(1) of the Internal Revenue Code of 1986, as amended, shall be treated as it was in effect before the 2009 enactment of federal Public Law 111-5, and except that Section 13(e)(4) of 2009 federal Public Law 111-92 shall be treated as if it was not in effect, and except that the limitations provided in Section 179(b)(1) shall be $250,000.00 for tax years beginning in 2010 and shall be $250,000.00 for tax years beginning in 2011, and except that the limitations provided in Section 179(b)(2) shall be $800,000.00 for tax years beginning in 2010 and shall be $800,000.00 for tax years beginning in 2011. In the event a reference is made in this title to the Internal Revenue Code or the Internal Revenue Code of 1954 as it existed on a specific date prior to January 1, 2011 2012, the term means the provisions of the Internal Revenue Code or the Internal Revenue Code of 2032 JOURNAL OF THE SENATE 1954 as it existed on the prior date. Unless otherwise provided in this title, any term used in this title shall have the same meaning as when used in a comparable provision or context in the Internal Revenue Code of 1986, as amended. For taxable years beginning on or after January 1, 2010 2011, provisions of the Internal Revenue Code of 1986, as amended, which were as of January 1, 2011 2012, enacted into law but not yet effective shall become effective for purposes of Georgia taxation on the same dates upon which they become effective for federal tax purposes." SECTION 2. Said title is further amended by revising Code Section 48-5-345, relating to a receipt for a properly prepared county tax digest, as follows: "48-5-345. (a)(1) Upon the determination by the commissioner that a county tax digest is in proper form, that the property therein that is under appeal is within the limits of Code Section 48-5-304, and that the digest is accompanied by all documents, statistics, and certifications required by the commissioner, the commissioner shall issue a receipt for the digest and enter an order authorizing the use of said digest for the collection of taxes. (2) Nothing in this subsection shall be construed to prevent the superior court from allowing the new digest to be used as the basis for the temporary collection of taxes under Code Section 48-5-310. (b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy, of one-quarter of a mill as prescribed in Code Section 48-5-8, would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority annually of the amount so assessed and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date." SECTION 3. Said title is further amended by revising paragraphs (17), (25), and (33) of Code Section 48-8-2, relating to definitions regarding sales and use taxation, as follows: "(17) 'Lease or rental' means 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' includes agreements covering motor vehicles and trailers where the amount of consideration may be increased or decreased by reference to the amount realized upon sale or TUESDAY, MARCH 13, 2012 2033 disposition of the property as defined in 26 U.S.C. Section 7701(h)(1). '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 $100.00 or one 1 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." "(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 or dollars of which the number declines with use in a known amount." "(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 30 days and when the purchaser or lessee is a resident of this state, excluding lease or rental, 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." SECTION 4. Said title is further amended by revising division (47)(A)(I), deleting the "or" at the end of paragraph (90), deleting the period at the end of paragraph (91) and inserting "; or", and adding a new paragraph in Code Section 48-8-3, relating to exemptions from sales 2034 JOURNAL OF THE SENATE and use taxation, as follows: "(47)(A)(i) The sale or use of drugs which are lawfully dispensable only by prescription for the treatment of natural persons, the sale or use of insulin regardless of whether the insulin is dispensable only by prescription, and the sale or use 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; and" "(92) For the period commencing July 1, 2012, and ending on December 31, 2013, sales to an organization defined by the Internal Revenue Service as an instrumentality of the states relating to the holding of an annual meeting in this state." SECTION 5. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall be applicable to all taxable years beginning on or after January 1, 2011. 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate E Thompson, C Y Thompson, S E Tippins Y Tolleson TUESDAY, MARCH 13, 2012 2035 Y Goggans Y Golden Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 729, having received the requisite constitutional majority, was passed by substitute. HB 805. By Representative Collins of the 27th: A BILL to be entitled an Act to amend Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, so as to make conforming amendments and correct references relative to the abolition of the State Personnel Administration and the transfer of certain functions of such agency to the Department of Administrative Services as provided by a separate Act; to provide an effective date; to provide for contingent automatic repeal; 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 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 24, 2012 The Honorable Doug Collins State Representative State Capitol, Room 109 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 805 (LC 25 5992-EC) 2036 JOURNAL OF THE SENATE Dear Representative Collins: This bill would remove references to the State Personnel Administration throughout Title 47 of the Official Code of Georgia. These references are replaced, as appropriate, with references to the "state system of personnel administration," "State Personnel Board," and/or "commissioner of administrative services." It should be noted, however, that this legislation will only take effect if the Act abolishing the State Personnel Administration and providing for the transfer of certain functions of such agency to the Department of Administrative Services is enacted and becomes effective on July 1, 2012. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate E Thompson, C Y Thompson, S E Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 13, 2012 2037 On the passage of the bill, the yeas were 48, nays 0. HB 805, having received the requisite constitutional majority, was passed. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. HB 895. By Representatives Carter of the 175th, Collins of the 27th, Hatchett of the 143rd, Purcell of the 159th, Davis of the 109th and others: A BILL to be entitled an Act to amend Chapter 3 of Title 35 and Article 2 of Chapter 1 of Title 42 of the Official Code of Georgia Annotated, relating to the Georgia Bureau of Investigation and the Sexual Offender Registration Review Board, respectively, so as to provide for more effective methods of gathering information relating to sexual offenders; to extend the powers and duties of the Georgia Bureau of Investigation; to provide for the transfer of personnel to the Georgia Bureau of Investigation; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Grant E Hamrick Y Harbison Y Heath Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S E Tippins E Tolleson Y Unterman Y Wilkinson Y Williams 2038 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 46, nays 0. HB 895, having received the requisite constitutional majority, was passed. Senator Hill of the 4th moved that HB 741 be immediately transmitted to the Governor. On the motion, there was no objection, and the Senate unanimously voted to transmit HB 741 to the Governor. Senator Staton of the 18th moved that the Senate adjourn until 10:00 a.m. Wednesday, March 14, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:47 a.m. WEDNESDAY, MARCH 14, 2012 2039 Senate Chamber, Atlanta, Georgia Wednesday, March 14, 2012 Thirty-third Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Mullis of the 53rd reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1150. By Representatives Nimmer of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes. HB 1151. By Representatives Nimmer of the 178th, Smith of the 168th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for nonpartisan elections; to provide for submission of this Act for approval 2040 JOURNAL OF THE SENATE under the federal Voting Rights Act of 1965, as amended; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes. HB 1213. By Representative Jasperse of the 12th: A BILL to be entitled an Act to amend an Act creating the Pickens County Water and Sewer Authority, approved April 15, 1969 (Ga. L. 1969, p. 2764), so as to remove the provision requiring a waiting period of two years for member reappointment; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1215. By Representative Black of the 174th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, so as to provide for elections and terms of office; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1216. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4258), so as to remove an exception for certain property from the jurisdiction of the municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1217. By Representative Rogers 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 June 2, 2010 (Ga. L. 2010, p. 3994), so as to provide that beginning January 1, 2015, the judge and solicitor of said court shall be full-time positions; to establish the compensation of the judge and solicitor of said court; to provide that beginning January 1, 2015, 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. WEDNESDAY, MARCH 14, 2012 2041 HB 1218. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Holcomb of the 82nd, Gardner of the 57th and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1219. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Holcomb of the 82nd, Gardner of the 57th and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1222. By Representatives Mosby of the 90th, Henson of the 87th, Benfield of the 85th, Dawkins-Haigler of the 93rd, Bell of the 58th and others: A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for terms and manner of election; to revise the referendum requirements for amendments to such Act; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 343. By Senators Heath of the 31st, Hill of the 32nd, Miller of the 49th, Chance of the 16th and Jackson of the 24th: 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 designate the state accounting officer as the Comptroller General; to transfer the office, functions, duties, and responsibilities of the 2042 JOURNAL OF THE SENATE Comptroller General from the Commissioner of Insurance to the State Accounting Office; to provide for related matters; to amend Chapter 14 of Title 45 of the Official Code of Georgia Annotated, relating to the Commissioner of Insurance, so as to conform such provisions to reflect the change in the transfer of the position and duties of the Comptroller General to the state accounting officer; to provide effective dates; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 526. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1162. By Senators Orrock of the 36th, Henson of the 41st, Jones of the 10th, Fort of the 39th, Jackson of the 2nd and others: A RESOLUTION urging the Environmental Protection Division to develop a Toxic Use Reduction Strategy; 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 1150. By Representatives Nimmer of the 178th, Lane of the 167th and Smith of the 168th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to WEDNESDAY, MARCH 14, 2012 2043 provide for a contingent repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1151. By Representatives Nimmer of the 178th, Smith of the 168th and Lane of the 167th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for nonpartisan elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1213. By Representative Jasperse of the 12th: A BILL to be entitled an Act to amend an Act creating the Pickens County Water and Sewer Authority, approved April 15, 1969 (Ga. L. 1969, p. 2764), so as to remove the provision requiring a waiting period of two years for member reappointment; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1215. By Representative Black of the 174th: A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, so as to provide for elections and terms of office; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1216. By Representatives Hill of the 21st, Byrd of the 20th, Jerguson of the 22nd and Hamilton of the 23rd: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. L. 1990, p. 4552), as 2044 JOURNAL OF THE SENATE amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4258), so as to remove an exception for certain property from the jurisdiction of the municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1217. By Representative Rogers 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 June 2, 2010 (Ga. L. 2010, p. 3994), so as to provide that beginning January 1, 2015, the judge and solicitor of said court shall be full-time positions; to establish the compensation of the judge and solicitor of said court; to provide that beginning January 1, 2015, 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. HB 1218. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Holcomb of the 82nd, Gardner of the 57th and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1219. By Representatives Benfield of the 85th, Drenner of the 86th, Henson of the 87th, Holcomb of the 82nd, Gardner of the 57th and others: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 14, 2012 2045 HB 1222. By Representatives Mosby of the 90th, Henson of the 87th, Benfield of the 85th, Dawkins-Haigler of the 93rd, Bell of the 58th and others: A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for terms and manner of election; to revise the referendum requirements for amendments to such Act; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 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 746 Do Pass Respectfully submitted, Senator Bulloch of the 11th 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 707 HB 776 HB 899 Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Crosby of the 13th District, Chairman 2046 JOURNAL OF THE SENATE 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 863 Do Pass Respectfully submitted, Senator Hill of the 32nd 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 434 Do Pass HB 879 Do Pass by substitute HR 1151 Do Pass by substitute HB 850 Do Pass HB 1146 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 869 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The Retirement Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 183 Do Pass HB 250 Do Pass HB 208 Do Pass HB 424 Do Pass Respectfully submitted, Senator Golden of the 8th District, Chairman WEDNESDAY, MARCH 14, 2012 2047 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 842 Do Pass HB 1142 Do Pass SB 515 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: HB 692 HB 825 HB 991 HB 711 HB 827 HB 1166 HB 732 HB 845 HB 763 HB 868 HB 792 HB 897 HB 820 HB 900 Senator Tolleson of the 20th was excused for business outside the Senate Chamber. 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 Bulloch of the 11th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden 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 James of the 35th asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Bethel of the 54th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused. Senator Bethel of the 54th asked unanimous consent that Senator Loudermilk of the 52nd be excused. The consent was granted, and Senator Loudermilk was excused. Senator Carter of the 1st asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. 2048 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Bethel Bulloch Butler Carter, B Chance Cowsert Crane Davenport Davis Fort Ginn Goggans Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon McKoon Millar Miller Mullis Murphy Paris Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Tippins Unterman Wilkinson Williams Not answering were Senators: Balfour (Excused) Golden (Excused) Ramsey (Excused) Tolleson (Excused) Carter, J. Loudermilk (Excused) Rogers (Excused) Crosby Orrock (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Crosby of the 13th introduced the chaplain of the day, Reverend Jason Dickerson of Adel, Georgia, who offered scripture reading and prayer. Senator Mullis of the 53rd recognized March 14, 2012, as Concrete Day at the capitol, commended by SR 1131, adopted previously. Senator Tate of the 38th introduced the doctor of the day, Dr. Nancy H. Cook. The President recognized the Healthy Kids Program. Nurse LeAnne Dyer addressed the Senate briefly. Senator Heath of the 31st recognized Brittney Baxter, commended by SR 1097, adopted previously. WEDNESDAY, MARCH 14, 2012 2049 Senator Heath of the 31st recognized the Bremen Wal-Mart security and Manager Patrick Eller, commended by SR 1096, adopted previously. Senator Heath of the 31st recognized Tallapoosa Primary School, commended by SR 1098, adopted previously. Senator Heath of the 31st recognized the Bremen Police Department, commended by SR 1099, adopted previously. Senator Heath of the 31st recognized SFC Wade Chaffin of the Georgia State Patrol, commended by SR 1095, adopted previously. Senator Heath of the 31st recognized the Tallapoosa Police Department, commended by SR 1100, adopted previously. Senator Sims of the 12th recognized The Links, Incorporated, and declared March 14, 2012, as Georgia Links Day at the capitol, commended by SR 831, adopted previously. Mary Curry addressed the Senate briefly. The following resolutions were read and adopted: SR 1154. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Lieutenant Irma C. "Pete" Dryden; and for other purposes. SR 1155. By Senators Albers of the 56th and Rogers of the 21st: A RESOLUTION commending the Milton High School boys basketball team on winning the 2012 Class AAAAA State Championship; and for other purposes. SR 1156. By Senator Albers of the 56th: A RESOLUTION recognizing and commending Preston M. Sheppard, Jr.; and for other purposes. SR 1157. By Senator Albers of the 56th: A RESOLUTION recognizing and commending DaShan Simpson; and for other purposes. 2050 JOURNAL OF THE SENATE SR 1158. By Senator Albers of the 56th: A RESOLUTION recognizing and commending District Governor Alan Bethel; and for other purposes. SR 1159. By Senators James of the 35th, Jones of the 10th and Harbison of the 15th: A RESOLUTION recognizing the month of June, 2012, as National Men's Health Month at the capitol; and for other purposes. SR 1160. By Senator Staton of the 18th: A RESOLUTION recognizing and commending Dr. Joe Sam Robinson, Jr., and for other purposes. SR 1161. By Senator Staton of the 18th: A RESOLUTION recognizing and commending Mr. Richard R. Bias; and for other purposes SR 1163. By Senator Hill of the 4th: A RESOLUTION recognizing and commending the State YMCA of Georgia's Youth Assembly; and for other purposes. SR 1164. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Eta Phi Beta Sorority, Inc., on the occasion of its 70th anniversary; and for other purposes. Senator Heath of the 31st 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 14, 2012 Thirty-third Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 515 HB 842 HB 1142 WEDNESDAY, MARCH 14, 2012 2051 Hooks of the 14th CITY OF AMERICUS A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a date of expiration of office for terms of councilmembers and the mayor; to provide for taking of office and swearing in of newly elected or reelected councilmembers and mayors; to provide for meetings for the establishment of council business; to provide for the administration of the oath of office; to provide for a quorum and presiding officers at meetings; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. Carter of the 42nd CITY OF DECATUR A BILL to be entitled an Act to amend an Act relating to the Board of Education of the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to reconstitute the board of education; to change the descriptions of the education districts; to provide for continuation in office of current members; to provide for the election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Thompson of the 5th Balfour of the 9th Millar of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY A BILL to be entitled an Act to amend an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), so as to change provisions relating to the clerk's compensation; to provide for related matters; to provide 2052 JOURNAL OF THE SENATE 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: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Hamrick Y Harbison E Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy E Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 46, nays 2. The legislation on the Local Consent Calendar, having received the requisite constitutional majority, was passed. Senator Miller of the 49th honored the life and memory of Johnnie Wiley, commended by SR 734, adopted previously. Darrell Wiley addressed the Senate briefly. Senator Shafer of the 48th recognized the American Red Cross and declared March, 2012, American Red Cross Month in Georgia, commended by SR 1074, adopted previously. Terri Badour, Red Cross Georgia CEO, addressed the Senate briefly. Senator Cowsert of the 46th recognized the Morrill Act on the grand occasion of its 150th anniversary, commended by SR 1090, adopted previously. President Mike Adams, University of Georgia, addressed the Senate briefly. HB 706 HB 713 HB 760 HB 886 WEDNESDAY, MARCH 14, 2012 2053 SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, MARCH 14, 2012 THIRTY-THIRD LEGISLATIVE DAY Elementary and secondary education; delete and clarify provisions (Substitute) (ED&Y-37th) Dudgeon-24th Quality Basic Education Act; career and college readiness initiatives; delay implementation (Substitute) (ED&Y-40th) Nix-69th Elementary and secondary education; capital outlay funds replace exceptional growth program (APPROP-37th) Coleman-97th Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations (B&FI-7th) Williamson-111th 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 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. 2054 JOURNAL OF THE SENATE The Senate Education and Youth Committee offered the following substitute to HB 706: 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended by revising Code Section 20-2-5, relating to oaths of members of the State Board of Education, board meetings, and the chairperson, as follows: "20-2-5. The members of the State Board of Education shall take an oath of office for the faithful performance of their duties and the oath of allegiance to the federal and state Constitutions. They shall meet at the state capital in the Department of Education or at such place in the capital as may be designated by the Governor for that purpose. The state board shall meet quarterly in regular session at such time as it may by regulation provide and may hold additional meetings at the call of the chairperson, provided that upon the written request of a majority of the members of the state board, the State School Superintendent shall call a meeting at any time." SECTION 2. Said chapter is further amended by revising Code Section 20-2-5.2, relating to elections of chairperson and other officers of the State Board of Education, and the term, duties, and authority of the chairperson, as follows: "20-2-5.2. The State Board of Education shall elect a chairperson and such other officers it may deem appropriate. The term of the chairperson shall be fixed by the state board. The chairperson shall preside at meetings of the state board, set the agenda for the state board, and perform such other duties as required by the state board. The chairperson is authorized, after a reasonable attempt at consultation with the State School Superintendent, to require any employee of the Department of Education to furnish information or perform functions for the state board." WEDNESDAY, MARCH 14, 2012 2055 SECTION 3. Said chapter is further amended by revising Code Section 20-2-7, relating to where committee meetings of the State Board of Education may be held, as follows: "20-2-7. The members of the State Board of Education as a committee or any committee of the state board when authorized by board action taken at a meeting held at the state capital in the Department of Education may hold committee meetings anywhere within or outside this state when necessary to obtain information for future guidance of the state board; provided, however, that no action of the state board shall be of force and effect unless such action is taken at a regular or called meeting of the state board held at the state capital in the Department of Education as provided by Code Section 20-2-5." SECTION 4. Said chapter is further amended by repealing and reserving Code Section 20-2-12, relating to educational television programs. SECTION 5. Said chapter is further amended by repealing and reserving Code Section 20-2-100, relating to substituting county school superintendent for county school commissioner. SECTION 6. Said chapter is further amended by revising Code Section 20-2-103, relating to the oath of the county school superintendent, as follows: "20-2-103. Before entering upon the discharge of his or her official duties, the county local school superintendent shall take and subscribe to the same following oath of office required of the other officers of this state.: STATE OF GEORGIA COUNTY OF __________ I, _______________________, do solemnly swear or affirm that I will truly perform the duties of local school superintendent of the _______________________ School System to the best of my ability. I do further swear or affirm: (1) That I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof; (2) That I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am by the laws of the State of Georgia prohibited from holding; (3) That I am otherwise qualified to hold said office according to the Constitution and the laws of Georgia; and (4) That I will support the Constitution of the United States and of this state. 2056 JOURNAL OF THE SENATE _____________________ Signature of local school superintendent Sworn and subscribed before me this ______ day of ______________, ____. (SEAL)." _____________________ Typed name of member of ____________________ local school superintendent SECTION 7. Said chapter is further amended by revising subsection (b) of Code Section 20-2-150, relating to eligibility for enrollment, as follows: "(b) A child who was a legal resident of one or more other states or countries for a period of two years immediately prior to moving to this state and who was legally enrolled in a public kindergarten or first grade, or a kindergarten or first grade accredited by a state or regional association or the equivalent thereof, shall be eligible for enrollment in the appropriate general or special education programs authorized in this part if such child will attain the age of five for kindergarten or six for first grade by December 31 and is otherwise qualified." SECTION 8. Said chapter is further amended in Code Section 20-2-168, relating to distribution of federal funds, combined purchase of supplies and equipment, minimum school year, summer school programs, and year-round operation, by repealing subsection (f), relating to the "Summer Opportunity Program." SECTION 9. Said chapter is further amended by revising subsection (d) of Code Section 20-2-210, relating to annual performance evaluations for school personnel, as follows: "(d) The superintendent of each local school system shall identify an appropriately trained evaluator for each person employed by the local unit of administration for the purposes of completing an annual evaluation as required in subsections (a) and (b) of this Code section. The evaluator shall be required to complete such annual evaluation for each certificated person prior to April 1 of each year. The superintendent of each local school system shall be responsible for ensuring compliance with this Code section." SECTION 10. Said chapter is further amended by repealing and reserving Code Section 20-2-212.3, relating to increasing teachers' salaries in areas of shortage. WEDNESDAY, MARCH 14, 2012 2057 SECTION 11. Said chapter is further amended by repealing and reserving Code Section 20-2-212.4, relating to an additional five percent increase in teacher salary based on student performance. SECTION 12. Said chapter is further amended by repealing and reserving Code Section 20-2-213, relating to career ladder programs. SECTION 13. Said chapter is further amended by repealing Code Section 20-2-231, relating to the Georgia Education Leadership Academy. SECTION 14. Said chapter is further amended by repealing Code Section 20-2-232, relating to staff development plans by local school systems. SECTION 15. Said chapter is further amended by revising Code Section 20-2-240, relating to the powers and duties of the State Board of Education, as follows: "20-2-240. (a) The State Board of Education shall adopt and prescribe all rules, regulations, and policies required by this article and such other rules, regulations, and policies as may be reasonably necessary or advisable for proper implementation, enforcement, and carrying out of this article and other public school laws and for assuring a more economical and efficient operation of the public schools of this state or any phase of public elementary and secondary education in this state. The state board shall establish and enforce standards for operation of all public elementary and secondary schools and local units of administration in this state so as to assure, to the greatest extent possible, equal and quality educational programs, curricula, offerings, opportunities, and facilities for all of Georgia's children and youth and for economy and efficiency in administration and operation of public schools and local school systems throughout the state. The state board shall have the power to perform all duties and to exercise all responsibilities vested in it by provisions of law for the improvement of public elementary and secondary education in this state, including actions designed to improve teacher and school effectiveness through research and demonstration projects. The state board shall have the power to take such actions as it deems necessary to ensure that the citizens have full awareness and knowledge relative to the costs, quality, and performance of the public elementary and secondary schools of this state. All rules, regulations, policies, and standards adopted or prescribed by the state board in carrying out this article and other school laws shall, if not in conflict therewith, have the full force and effect of law. (b) The State Board of Education is authorized, after a reasonable attempt at 2058 JOURNAL OF THE SENATE consultation with the State School Superintendent, to organize and reorganize the Department of Education and the various offices, divisions, sections, and units thereof and to prescribe the duties, functions, and operations of each at such times and in such manner as the state board may deem necessary or desirable for the more economical or effective organization, administration, or functioning of the department." SECTION 16. Said chapter is further amended by repealing and reserving Code Section 20-2-251, relating to demonstration programs. SECTION 17. Said chapter is further amended by repealing and reserving Code Section 20-2-252, relating to electronic technology. SECTION 18. Said chapter is further amended by repealing and reserving Code Section 20-2-253, relating to achievement grants. SECTION 19. Said chapter is further amended by repealing and reserving Code Section 20-2-254, relating to educational research. SECTION 20. Said chapter is further amended by adding a new subsection to Code Section 20-2-270, relating to the establishment of a state-wide network of regional educational service agencies, to read as follows: "(f) Regional educational service agencies are not state agencies but shall be considered local units of administration for purposes of this chapter." SECTION 21. Said chapter is further amended by revising subsection (b) of Code Section 20-2-281, relating to assessment of effectiveness of educational programs, as follows: "(b) The nationally normed assessments provided for in subsection (a) of this Code section shall provide students and their parents with grade equivalencies and percentile ranks which result from the administration of such tests. Criterion-referenced tests and the high school graduation test provided for in subsection (a) of this Code section shall provide for results that reflect student achievement at the individual student, classroom, school, system, and state levels. The State Board of Education shall participate in the National Assessment of Educational Progress (NAEP) and may participate in any other tests that will allow benchmarking this state's performance against national or international performance. The results of such testing shall be provided to the Governor, the General Assembly, and the State Board of Education and shall be reported to the citizens of Georgia. Further, the state board shall adopt a school WEDNESDAY, MARCH 14, 2012 2059 readiness assessment for students entering first grade and shall administer such assessment pursuant to paragraph (2) of subsection (b) of Code Section 20-2-151. One of the components in the awarding of salary supplements as part of a pay for performance or related plan pursuant to Code Section 20-2-213 or other Code sections under this article may be assessments of student achievement." SECTION 22. Said chapter is further amended by repealing Code Section 20-2-285.1, relating to provisions applicable to third-grade criterion-referenced reading assessment students. SECTION 23. Said chapter is further amended by repealing and reserving Code Section 20-2-303, relating to educational television. SECTION 24. Said chapter is further amended by repealing and reserving Code Section 20-2-312, relating to a state program for middle school children during nonschool hours. SECTION 25. Said chapter is further amended by revising Code Section 20-2-500, relating to promulgation of rules and regulations for contracts or purchases over $100.00, purchases over $100,000.00, and vendor preferences, 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 Local boards of education 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 Local boards of education 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- 2060 JOURNAL OF THE SENATE 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)(b) 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. (d)(c) Nothing in this Code section shall negate the requirements of Code Section 50-573." SECTION 26. Said chapter is further amended by repealing and reserving Code Section 20-2-501, relating to the prohibition of contracts or purchases over $100.00 which are not in compliance with rules and regulations. SECTION 27. Said chapter is further amended by repealing and reserving Code Section 20-2-502, relating to disciplining measures for violations of Code Section 20-2-501. SECTION 28. Said chapter is further amended by repealing and reserving Code Section 20-2-503, relating to the authority of local boards of education to purchase educational information, literature, and services. SECTION 29. Said chapter is further amended by repealing and reserving Article 15, relating to school census. SECTION 30. Said chapter is further amended by revising subsection (c) of Code Section 20-2-690, relating to requirements for private schools and home study programs, as follows: "(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the Department of Education, in accordance with department guidelines superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used WEDNESDAY, MARCH 14, 2012 2061 for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) Attendance records for the home study program shall be kept and shall be submitted to the Department of Education, in accordance with department guidelines at the end of each month to the school superintendent of the local school district in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years." SECTION 31. Said chapter is further amended by revising subsection (d) of Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, as follows: "(d) Local school superintendents in the case of private schools, the Department of Education in the case of or home study programs, and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart." 2062 JOURNAL OF THE SENATE SECTION 32. Said chapter is further amended by revising Code Section 20-2-694, relating to administration and enforcement of compulsory attendance laws, as follows: "20-2-694. It shall be the duty of each county and independent school system board of education, and each local school superintendent within the state, and the Department of Education to administer this subpart and to secure its enforcement in cooperation with the other state and county agencies and in cooperation with the administrators of private schools and parents or guardians providing a home study program." SECTION 33. Said chapter is further amended by revising subsection (a) of Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers to report truants to juvenile or other courts, as follows: "(a) Local school superintendents as applied to private schools, the Department of Education as applied to and home study programs, or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child." SECTION 34. Said chapter is further amended by repealing Code Section 20-2-741, relating to local boards of education sending copies of student codes of conduct to the Department of Education. SECTION 35. Said chapter is further amended by repealing and reserving Code Section 20-2-771.1, relating to voluntary preenrollment of children. SECTION 36. Said chapter is further amended by repealing and reserving Code Section 20-2-960, relating to requiring bonds of principals. SECTION 37. Said chapter is further amended in Code Section 20-2-984, relating to the authority of the Professional Standards Commission, by repealing and reserving subsection (e), relating to demonstration plans under Code Section 20-2-251. SECTION 38. Said chapter is further amended by repealing and reserving Article 20, the "Education Partnership Act of 1990." WEDNESDAY, MARCH 14, 2012 2063 SECTION 39. Said chapter is further amended by repealing and reserving Code Section 20-2-1183, relating to possession of electronic communication devices in school. SECTION 40. All laws and parts of laws in conflict with this Act are repealed. Senators Loudermilk of the 52nd and Tippins of the 37th offered the following amendment #1: Amend Committee Substitute to HB 706 by on line 250 and 251 strike the words "in accordance with department guidelines" and replace with "which may provide for electronic submittal of such declaration of intent." line 274 and 275 before the word "to" add the word "annually" and strike the words "in accordance with department guidelines" and replace with the words "which may provide for electronic submittal of such records". On the adoption of the amendment, there were no objections, and the Loudermilk, Tippins 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 Albers Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis Y Hamrick N Harbison E Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon N Orrock Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S 2064 JOURNAL OF THE SENATE N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 39, nays 11. HB 706, having received the requisite constitutional majority, was passed by substitute. Senator Seay of the 34th honored the life and memory of Dr. Lawrence J. Hanks, Sr., commended by SR 1132, adopted previously. The following Senators were excused for business outside the Senate Chamber: Hamrick of the 30th Thompson of the 33rd The Calendar was resumed. HB 713. By Representatives Nix of the 69th, Davis of the 109th, Carter of the 175th, Coleman of the 97th, Kaiser of the 59th 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 delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the mandated assessment for postsecondary readiness to the end of the eleventh grade; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. The Senate Education and Youth Committee offered the following substitute to HB 713: 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 delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the assessment for postsecondary readiness to the end of the eleventh grade; to mandate transitional courses; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 14, 2012 2065 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended by revising subsection (c) of Code Section 20-2-140, relating to the establishment of competencies and a uniformly sequenced core curriculum, as follows: "(c) The State Board of the Technical College System of Georgia shall require its institutions to accept core curriculum coursework completed by high school students for purposes of admission into its institutions. This Code section shall apply beginning with students entering such postsecondary institutions in the fall of 2012 2013." SECTION 2. Said article is further amended by adding a new Code section to read as follows: "20-2-145.1. The State Board of Education shall prescribe a minimum course of study in career education for students in grades kindergarten through 12. Such minimum course of study shall be age appropriate and shall include, but not be limited to, career awareness, career exploration, and career oriented learning experiences." SECTION 3. Said article is further amended by revising Code Section 20-2-159.1, relating to focused programs of study, as follows: "20-2-159.1. No later than July 1, 2012 2013, the Department of Education shall develop, and the State Board of Education shall approve, state models and curriculum framework for the following focused programs of study, as defined in Code Section 20-2-326, including, but not limited to: (1) Agriculture, food, and natural resources; (2) Architecture and construction; (3) Arts, audio-video technology, and communications; (4) Business, management, and administration; (5) Education and training; (6) Finance; (7) Health science; (8) Hospitality and tourism; (9) Human services; (10) Information technology; (11) Law, public safety, and security; (12) Manufacturing; (13) Government and public administration; (14) Marketing, sales, and service; (15) Science, technology, engineering, and mathematics; and 2066 JOURNAL OF THE SENATE (16) Transportation, distribution, and logistics. Such focused programs of study may be combined around these and other related clusters." SECTION 4. Said article is further amended by revising Code Section 20-2-159.2, relating to coordination between high schools and postsecondary institutions to minimize the need for remedial course work for students in postsecondary institutions, as follows: "20-2-159.2. Stronger coordination between high schools and institutions of higher education is necessary to prepare students for more challenging postsecondary endeavors and to lessen the need for academic remediation in college, thereby reducing the costs of higher education for students, families, and the state. To this end, the State Board of Education, the Board of Regents of the University System of Georgia, and the State Board of the Technical College System of Georgia shall: (1) Develop policies to ensure that students who complete the core curriculum established pursuant to Code Section 20-2-140 will meet the requirements for purposes of admission into a postsecondary institution, such as grade point average and readiness levels in reading, writing, and mathematics, without having to take remedial coursework. Such policies shall: (A) Establish the benchmarks for college readiness and the method in which students can demonstrate readiness in reading, writing, and mathematics for postsecondary coursework upon completing the core curriculum; and (B) Set the conditions for ensuring college readiness; (2) Define college-readiness standards in reading, writing, and mathematics needed for success in advanced training, certificate programs, and programs leading to an associate's or bachelor's degree; (3) Identify one or more state-wide common assessments to determine postsecondary readiness in reading, writing, and mathematics and inform students of their performance on such assessments no later than the end of tenth grade; (4) Develop transitional courses in reading, writing, and mathematics, with common standards, syllabus, and instruction materials for eleventh and twelfth grade students who fail to meet readiness standards, which courses shall be required by the state board to be offered by all local boards of education and which all students who are identified pursuant to paragraph (3) of this subsection as failing to meet readiness standards shall be required to take; and (5) Establish a state-wide process for determining how successful completion of transitional courses will guarantee that students will meet readiness standards; and (5)(6) Ensure dual credit courses reflect postsecondary coursework." SECTION 5. Said article is further amended by revising subsection (a) of Code Section 20-2-159.4, relating to policies and guidelines for awarding units of high school credit based on WEDNESDAY, MARCH 14, 2012 2067 demonstrated proficiency, as follows: "(a) The State Board of Education, in consultation with the Board of Regents of the University System of Georgia and the State Board of the Technical College System of Georgia, shall adopt policies and establish guidelines for awarding units of high school credit to students based on a demonstration of subject area competency, instead of or in combination with completion of courses of classroom instruction. Such policies and guidelines shall clearly delineate the manner in which students can earn credit, how mastery of standards will be assessed, how locally developed assessments will be reviewed and approved, how such credit will be recorded on high school transcripts, and when outcomes as a result of these policies and guidelines will be reviewed. The state board shall adopt such policies and establish guidelines, and such policies and guidelines shall be applicable beginning with the 2012-2013 2013-2014 school year." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Ligon, Jr. of the 3rd, Hill of the 32nd, Loudermilk of the 52nd, Crane of the 28th, McKoon of the 29th and others the following amendment #1: Amend HB713 (LC 33 4606S) by inserting after "laws;" on line 6 the following: to amend Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, so as to provide that the State Board of Education may exit certain agreements relating to the core curriculum; By inserting between lines 23 and 24 the following: SECTION 2 A. Part 2 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to competencies and core curriculum, is amended by adding a new Code section to read as follows: "20-2-149.1. The State Board of Education may exit any agreement, contract, memorandum of understanding, or consortium, in accordance with the terms of such agreement, contract, memorandum of understanding, or consortium, that cedes control of Georgia's core curriculum, as established pursuant to Code Section 20-2-140, to any other entity, including a federal agency or consortium, for any reason, including: (1) The cost of developing or implementing core curriculum standards; (2) The proposed core curriculum standards are inconsistent with community values; or (3) The agreement, contract, memorandum of understanding, or consortium: (A) Conflicts with Georgia law; or (B) Imposes curriculum, assessment, or data tracking requirements on home school or private school students." 2068 JOURNAL OF THE SENATE On the adoption of the amendment, the President asked unanimous consent. Senator Carter of the 42nd objected. On the adoption of the amendment, the yeas were 13, nays 24, and the Ligon, 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 44, nays 8. HB 713, having received the requisite constitutional majority, was passed by substitute. HB 760. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th 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 for elementary and secondary education, so as to replace the exceptional WEDNESDAY, MARCH 14, 2012 2069 growth program with an expansion of the maximum entitlement level for regular capital outlay earnings; to increase requirements relating to the advance funding program; to eliminate requirements for a nonbinding referendum for a school closure; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 760, having received the requisite constitutional majority, was passed. HB 886. By Representatives Williamson of the 111th, Smyre of the 132nd, Carson of the 43rd, Battles of the 15th, Williams of the 113th 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 limits on obligations of one person or corporation, so as to limit certain obligations related to credit exposure as a 2070 JOURNAL OF THE SENATE counterparty in derivative transactions; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 886, having received the requisite constitutional majority, was passed. Senator Thompson of the 5th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 303. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act relating to the Board of Education of Stewart County and providing for the election of the members WEDNESDAY, MARCH 14, 2012 2071 thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, so as to reconstitute the board of education; to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act relating to the Board of Education of Stewart County and providing for the election of the members thereof, approved March 21, 1969 (Ga. L. 1969, p. 2264), as amended, is amended by striking Section 1 of said Act and inserting in its place the following: "SECTION 1. (a) The Board of Education of Stewart County shall be composed of five members who shall be elected as provided in this section from education districts as provided in this section. (b) For purposes of electing members of the board of education, the Stewart County School District is divided into five education districts. One member of the board shall be elected from each such district. The five education districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: stewartccsbR-2012 Plan Type: Local Administrator: Stewart User: Gina'. (c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. 2072 JOURNAL OF THE SENATE (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Stewart County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Stewart County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (d) Those members of the Board of Education of Stewart County who are serving as such on December 31, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (e) At the general election on the Tuesday next following the first Monday in November 2014, members of the board shall be elected from Education Districts 2 and 3, shall take office the first day of January immediately following that election, and shall serve for initial terms of office which expire on December 31, 2018, and upon the election and qualification of their respective successors. At the general election on the Tuesday next following the first Monday in November 2012, members of the board shall be elected from Education Districts 1, 4, and 5, shall take office the first day of January immediately following that election, and shall serve for initial terms of office which expire on December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. Education Districts 1, 2, 3, 4, and 5, as they exist on December 31, 2012, shall continue to be designated as Education Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after January 1, 2013, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. (f) All members of the board of education who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the Official Code of Georgia WEDNESDAY, MARCH 14, 2012 2073 Annotated, the 'Georgia Election Code,' in nonpartisan primaries and elections as provided in Code Section 21-2-139 of the Official Code of Georgia Annotated." SECTION 2. The Board of Education of Stewart County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Education of Stewart County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: stewartccsbR-2012 Plan Type: Local Administrator: Stewart User: Gina District 001 Stewart County VTD: 25905 - LUMPKIN 950400: 1198 1199 1212 1213 1214 1215 1218 1219 1220 1221 1222 1225 1226 1264 1265 2011 2012 2014 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2136 2137 2138 2139 2140 2141 2210 2212 2214 2215 2218 2219 2222 2223 2229 2230 2235 3010 3012 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3074 3075 3076 3077 3100 VTD: 25906 - OMAHA District 002 Stewart County 2074 JOURNAL OF THE SENATE VTD: 25902 - RICHLAND 950100: 1061 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2048 2049 2063 2066 2067 2068 2069 2070 2071 2072 2073 2076 2163 2164 VTD: 25904 - LOUVALE VTD: 25905 - LUMPKIN 950400: 3009 3011 3013 3014 3022 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3039 3042 3043 3044 3045 3069 3070 3071 3072 3073 3078 3079 3080 3081 3082 3083 3092 3093 3094 3095 3096 3097 3098 3099 3103 3104 3105 3106 3107 3108 3109 District 003 Stewart County VTD: 25902 - RICHLAND 950100: 1023 1024 1025 1027 1057 1058 1059 1060 1064 2040 2041 2042 2043 2044 2045 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2064 2065 2074 2075 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2110 2111 2113 2114 2115 2116 2117 2118 2119 2121 2122 2126 2127 2128 2129 2136 2137 2138 2139 2140 2141 2142 2143 2145 2146 2149 2150 2151 2152 2156 2158 VTD: 25905 - LUMPKIN 950400: 3016 3017 3018 3019 3020 3021 3024 3034 3035 3036 District 004 Stewart County VTD: 25902 - RICHLAND 950100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1062 1063 1066 1081 1082 1112 1113 1114 1115 1116 1119 2095 2108 2109 2112 2120 2123 2124 2125 2130 2131 2132 2133 2134 2135 2144 2147 2148 2153 2154 2155 2157 2159 2160 2161 2162 2165 2166 2167 District 005 Stewart County WEDNESDAY, MARCH 14, 2012 2075 VTD: 25902 - RICHLAND 950100: 1065 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1117 1118 950400: 2142 2143 2144 2146 2147 2192 2193 2213 VTD: 25905 - LUMPKIN 950400: 2000 2001 2002 2003 2004 2005 2006 2007 That portion of block 2008 that is not within the legal boundary of the Stewart Detention Center 2009 2010 2013 2015 2048 2050 2054 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2135 2145 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2211 2216 2217 2220 2221 2224 2225 2226 2227 2228 2231 2232 2233 2236 3037 3038 3040 3041 3084 3085 3086 3087 3088 3089 3090 3091 3101 3102 Senator Hooks of the 14th moved that the Senate agree to the House substitute to SB 303. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Orrock Y Paris E Ramsey Rogers Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman 2076 JOURNAL OF THE SENATE Y Golden Y Gooch Y Grant Y Miller Y Mullis Y Murphy Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 303. The following bill was taken up to consider House action thereto: SB 304. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating the Board of Commissioners of Stewart County, approved April 4, 1996 (Ga. L. 1996, p. 4028), as amended, is amended by striking Section 2 of said Act and inserting in its place the following: "SECTION 2. (a) The Board of Commissioners of Stewart County shall consist of five commissioners. Each commissioner shall be a resident of his or her respective WEDNESDAY, MARCH 14, 2012 2077 commissioner district described in subsection (b) of this section and shall be elected by the electors of such district as provided in Section 3 of this Act. (b) For purposes of electing members of the board of commissioners, Stewart County is divided into five commissioner districts. One member of the board shall be elected from each such district. The five commissioner districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: stewartccsbR-2012 Plan Type: Local Administrator: Stewart User: Gina'. (c)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Stewart County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Stewart County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia." SECTION 2. Said Act is further amended by striking Section 4 of said Act and inserting in its place the following: "SECTION 4. (a) Those members of the Board of Commissioners of Stewart County who are serving as such on December 31, 2012, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) At the general election on the Tuesday next following the first Monday in November 2014, members of the board shall be elected from Commissioner Districts 2 and 4, shall take office the first day of January immediately following that election, and 2078 JOURNAL OF THE SENATE shall serve for initial terms of office which expire on December 31, 2018, and upon the election and qualification of their respective successors. At the general election on the Tuesday next following the first Monday in November 2012, members of the board shall be elected from Commissioner Districts 1, 3, and 5, shall take office the first day of January immediately following that election, and shall serve for initial terms of office which expire on December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. Commissioner Districts 1, 2, 3, 4, and 5, as they exist immediately prior to January 1, 2013, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after such date, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. (c) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.'" SECTION 3. The Board of Commissioners of Stewart County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. This section and Section 3 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Stewart County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan: stewartccsbR-2012 Plan Type: Local Administrator: Stewart User: Gina WEDNESDAY, MARCH 14, 2012 District 001 Stewart County VTD: 25905 - LUMPKIN 950400: 1198 1199 1212 1213 1214 1215 1218 1219 1220 1221 1222 1225 1226 1264 1265 2011 2012 2014 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2130 2131 2132 2133 2134 2136 2137 2138 2139 2140 2141 2210 2212 2214 2215 2218 2219 2222 2223 2229 2230 2235 3010 3012 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3074 3075 3076 3077 3100 VTD: 25906 - OMAHA District 002 Stewart County VTD: 25902 - RICHLAND 950100: 1061 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2048 2049 2063 2066 2067 2068 2069 2070 2071 2072 2073 2076 2163 2164 VTD: 25904 - LOUVALE VTD: 25905 - LUMPKIN 950400: 3009 3011 3013 3014 3022 3023 3025 3026 3027 3028 3029 3030 3031 3032 3033 3039 3042 3043 3044 3045 3069 3070 3071 3072 3073 3078 3079 3080 3081 3082 3083 3092 3093 3094 3095 3096 3097 3098 3099 3103 3104 3105 3106 3107 3108 3109 District 003 Stewart County VTD: 25902 - RICHLAND 950100: 1023 1024 1025 1027 1057 1058 1059 1060 1064 2040 2041 2042 2043 2044 2045 2046 2047 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2064 2065 2074 2075 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2110 2111 2113 2114 2115 2116 2117 2118 2079 2080 JOURNAL OF THE SENATE 2119 2121 2122 2126 2127 2128 2129 2136 2137 2138 2139 2140 2141 2142 2143 2145 2146 2149 2150 2151 2152 2156 2158 VTD: 25905 - LUMPKIN 950400: 3016 3017 3018 3019 3020 3021 3024 3034 3035 3036 District 004 Stewart County VTD: 25902 - RICHLAND 950100: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1026 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1062 1063 1066 1081 1082 1112 1113 1114 1115 1116 1119 2095 2108 2109 2112 2120 2123 2124 2125 2130 2131 2132 2133 2134 2135 2144 2147 2148 2153 2154 2155 2157 2159 2160 2161 2162 2165 2166 2167 District 005 Stewart County VTD: 25902 - RICHLAND 950100: 1065 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 1117 1118 950400: 2142 2143 2144 2146 2147 2192 2193 2213 VTD: 25905 - LUMPKIN 950400: 2000 2001 2002 2003 2004 2005 2006 2007 That portion of block 2008 that is not within the legal boundary of the Stewart Detention Center 2009 2010 2013 2015 2048 2050 2054 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2135 2145 2148 2149 2150 2151 2152 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2190 2191 2194 2195 2196 2197 2198 2199 2200 2201 2202 2203 2204 2205 2206 2207 2208 2209 2211 2216 2217 2220 2221 2224 2225 2226 2227 2228 2231 2232 2233 2236 3037 3038 3040 3041 3084 3085 3086 3087 3088 3089 3090 3091 3101 3102 WEDNESDAY, MARCH 14, 2012 2081 Senator Hooks of the 14th moved that the Senate agree to the House substitute to SB 304. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 47, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 304. The following bill was taken up to consider House action thereto: HB 129. By Representatives McKillip of the 115th, Lindsey of the 54th, Hatfield of the 177th, Evans of the 40th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Stone of the 23rd asked unanimous consent that the Senate adhere to its disagreement to the House amendment to the Senate substitute to HB 129 and that a Conference Committee be appointed. 2082 JOURNAL OF THE SENATE The consent was granted, and the President appointed as a Conference Committee the following Senators: Stone of the 23rd, Grant of the 25th and Gooch of the 51st. The following bill was taken up to consider House action thereto: SB 339. By Senators Miller of the 49th, Williams of the 19th, Mullis of the 53rd, Hill of the 32nd, Millar of the 40th and others: A BILL to be entitled an Act to amend Chapter 5 of Title 6 of the O.C.G.A., relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide for related matters; to amend Title 12 of the O.C.G.A., relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, so as to provide for the transfer of certain personnel, aircraft, and other assets from the Georgia Aviation Authority to the Department of Natural Resources, the State Forestry Commission, and the Department of Transportation; to provide for related matters; to amend Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, so as to transfer certain personnel, assets, and liabilities of the Georgia Aviation Authority to the Department of Natural Resources and the State Forestry Commission; to provide the Department of Natural Resources and the State Forestry Commission with certain authority and duties with regard to aviation; 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 6 of the Official Code of Georgia Annotated, relating to the Georgia Aviation Authority, is amended by revising Code Section 6-5-4, relating to the purpose of the authority, powers, support, and annual audits, as follows: WEDNESDAY, MARCH 14, 2012 2083 "6-5-4. (a)(1)(A) The general purpose of the authority shall be to acquire, operate, maintain, house, and dispose of all state aviation assets, except those aviation assets of the Department of Public Safety, to provide aviation services and oversight of state aircraft and aviation operations to ensure the safety of state air travelers and aviation property, to achieve policy objectives through aviation missions, and to provide for the efficient operation of state aircraft. (B) This Code section shall not diminish those powers and duties of the Department of Natural Resources under Code Section 12-2-11, the State Forestry Commission under Code Section 12-6-25, or the Department of Public Safety under Code Section 35-2-140. (2)(A) All aircraft previously transferred to the authority by the Department of Public Safety and associated parts and equipment and a percentage of the budgeted operating funds associated with such aircraft shall be transferred on September 1, 2011, back to the custody and control of the Department of Public Safety; provided, however, that this chapter shall have no application to aircraft owned or operated by the Department of Defense. (B) All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the Department of Natural Resources and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Natural Resources. (C) All aircraft under the custody and control of the authority as of June 30, 2012, which were previously transferred to the authority by the State Forestry Commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the State Forestry Commission. (D) For purposes of aerial aviation photography, the King Air 90 aircraft that was specially equipped and adapted to perform essential aerial photography under the custody and control of the authority as of June 30, 2012, which was previously transferred to the authority by the Department of Transportation, and associated parts and equipment specific to that aircraft shall be transferred on July 1, 2012, back to the custody and control of the Department of Transportation. The Department of Transportation shall have the authority to own, operate, maintain, and dispose of aircraft to support the aerial photography mission needs of the department. (3) On and after July 1, 2009, or a later date determined by the Governor, no other entity of state government, other than the Department of Public Safety, shall acquire, lease, or charter any aircraft other than through the authority. (4)(A) Any person who is employed by an entity of state government as a pilot and who is required by the terms of his or her employment to comply with the requirements of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' may remain in the employment of the employing agency but shall 2084 JOURNAL OF THE SENATE be transferred for administrative purposes only to the authority on July 1, 2009, in compliance with subsection (c) of Code Section 6-5-3; provided, however, that those (B) The provisions of subparagraph (A) of this paragraph notwithstanding: (i) Those persons who are employed by the Department of Public Safety who are assigned for administrative purposes only to the authority shall be transferred back to the Department of Public Safety on September 1, 2011, and shall no longer be under the administration or direction of the authority. (ii) Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012, and shall no longer be under the administration or direction of the authority. (iii) Any persons who as of June 30, 2012, were employed by the authority pursuant to previous transfer from the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012, and shall no longer be under the administration or direction of the authority. (5)(A)(i) All state aircraft required for the proper conduct of the business of the several administrative departments, boards, bureaus, commissions, authorities, offices, or other agencies of Georgia and authorized agents of the General Assembly, or either branch thereof, and department owned airfields and their appurtenances shall be managed and maintained by the authority; provided, however, that all. (ii) The provisions of division (i) of this subparagraph notwithstanding: (I) All airfields and appurtenances, including hangars, previously transferred by the Department of Public Safety to the authority shall be transferred back to the Department of Public Safety on September 1, 2011. (II) All airfields and appurtenances, including hangars, previously transferred by the Department of Natural Resources to the authority shall be transferred back to the Department of Natural Resources on July 1, 2012. (III) All airfields and appurtenances, including hangars, previously transferred by the State Forestry Commission to the authority shall be transferred back to the State Forestry Commission on July 1, 2012. (B) The cost for the use of such state aircraft shall be charged by the authority to the using state entity. The amount of such charge shall be determined by the authority. (6)(A) The authority shall be authorized to dispose of any state aircraft and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (B) This paragraph shall not apply to state aircraft assigned to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission. (b) In the furtherance of its purpose, the authority shall have the power to: (1) Organize, staff, Hire, organize, and train personnel to operate, maintain, house, WEDNESDAY, MARCH 14, 2012 2085 purchase, and dispose of aviation assets; (2) Purchase, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for state aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for state aviation operations and activities; (5) Identify the costs associated with the training, education, and purchase, operation, maintenance, and administration of state aircraft and aviation operations and related facilities,; training, and education, develop an appropriate billing structure,; and charge agencies and other state entities for the costs of state aircraft and aviation operations; provided, however, that any billing to an agency by the authority shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to the state of emergency; (6) Retain appropriate external consulting and auditing expertise; (7) Engage aviation industry representatives to ensure best practices for state aviation assets; (8) Delegate certain powers pursuant to this chapter to other state entities; and (9) Otherwise implement appropriate and efficient management practices for state aviation operations. (c)(1) The authority shall provide priority support for those state agencies and departments, including local and state public safety and law enforcement entities, whose operations require aviation operations when requested. (2)(A) No state entity other than the authority and the Department of Public Safety shall be authorized without the approval of the authority to expend state funds to purchase, lease, rent, charter, maintain, or repair state aircraft to be used in connection with state business or to employ a person whose official duties consist of piloting state aircraft without the approval of the authority. (B) This paragraph shall not apply to the Department of Public Safety, the Department of Natural Resources, or the State Forestry Commission. (d) The funds and assets of the authority, as well as the performance of the authority, its services, and equipment, shall be audited annually by the state auditor. The initial audit shall be concluded no later than December 30, 2010. The results of such audit shall be open to inspection at reasonable times by any person. A copy of the audit report shall be sent to the state accounting officer. The authority shall also provide the Governor, the Speaker of the House, the President of the Senate, the chairperson of the House Committee on Public Safety and Homeland Security, the chairperson of the Senate Public Safety Committee, the chairperson of the Senate Veterans, Military and Homeland Security Committee, the chairperson of the House Committee on Transportation, and the chairperson of the Senate Transportation Committee with a copy of the state audit report which shall include a full report of the activities and services of the authority. The performance audit report shall be provided no later than December 31, 2013. 2086 JOURNAL OF THE SENATE (e) On September 1, 2011, the six aviation mechanic positions that were previously transferred by the Department of Public Safety to the authority shall be returned to the Department of Public Safety along with the funds budgeted for such positions." SECTION 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended in Article 1 of Chapter 2, relating to general provisions relative to the Department of Natural Resources, by adding a new Code section to read as follows: "12-2-11. (a)(1) The department shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the department, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the department and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the department and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the department. (3) Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the department to the authority shall be transferred back to the department on July 1, 2012, and shall no longer be under the administration or direction of the authority. (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the department and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the department as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the department on such date. (5) The department shall be responsible for providing aviation services in support of the mission of the department. The department shall be authorized to dispose of any state aircraft assigned to the department and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) The department shall have the power to: (1) Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for department aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; WEDNESDAY, MARCH 14, 2012 2087 (4) Develop an accountability system for department aviation operations and activities; (5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the department and aviation operations and related facilities; (6) In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a 'civil aircraft' under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type of aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the department shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency; (7) Retain appropriate external consulting and auditing expertise; (8) Engage aviation industry representatives to ensure best practices for department aviation assets; (9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for department aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars." SECTION 3. Said title is further amended in Part 1 of Article 1 of Chapter 6, relating to the State Forestry Commission, by adding a new Code section to read as follows: "12-6-25. (a)(1) The commission shall be authorized to acquire, operate, maintain, house, and dispose of all state aviation assets assigned to the commission, to provide aviation services and oversight of such state aircraft and aviation operations for the mission of the commission and legitimate state business purposes, to achieve policy objectives through aviation missions, and to provide for the efficient operation of such state aircraft. (2) All aircraft under the custody and control of the Georgia Aviation Authority as of June 30, 2012, which were previously transferred to the authority by the commission and associated parts and equipment and any budgeted operating funds associated with such aircraft shall be transferred on July 1, 2012, back to the custody and control of the commission. (3) Any persons who as of June 30, 2012, were employed by the Georgia Aviation Authority pursuant to previous transfer from the commission to the authority shall be transferred back to the commission on July 1, 2012, and shall no longer be under the administration or direction of the authority. 2088 JOURNAL OF THE SENATE (4) All airfields and appurtenances, including hangars, previously transferred to the Georgia Aviation Authority by the commission and all accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations associated with the aircraft being transferred back to the commission as of July 1, 2012, shall become the property, accounts receivable, budgeted operating funds, other funds, contracts, liabilities, and obligations of the commission on such date. (5) The commission shall be responsible for providing aviation services in support of the mission of the commission. The commission shall be authorized to dispose of any state aircraft assigned to the commission and apply the proceeds derived therefrom to the purchase of replacement aviation assets. (b) The commission shall have the power to: (1) Hire, organize, and train personnel to operate, maintain, house, purchase, and dispose of aviation assets; (2) Purchase, lease, maintain, develop, and modify facilities to support aviation assets and operations; (3) Develop operating, maintenance, safety, security, training, education, and scheduling standards for commission aviation operations and conduct inspections, audits, and other similar oversight to determine practices and compliance with such standards; (4) Develop an accountability system for commission aviation operations and activities; (5) Identify the costs associated with training, education, and the purchase, operation, maintenance, and administration of state aircraft assigned to the commission and aviation operations and related facilities; (6) In conjunction with the Georgia Aviation Authority, develop an appropriate joint billing structure for passenger transportation where the aircraft is designated and operated as a 'civil aircraft' under Part 91 of the Federal Aviation Regulations and charge agencies and other state entities for the full variable hourly costs for the operation of each type of aircraft, evaluated annually and adjusted as necessary based upon the price of fuel, maintenance, and other fees that are a direct result of flying the aircraft on that specific trip; provided, however, that any billing to an agency by the commission shall be suspended whenever the Governor declares a state of emergency on any cost associated with aircraft used during and in response to such state of emergency; (7) Retain appropriate external consulting and auditing expertise; (8) Engage aviation industry representatives to ensure best practices for commission aviation assets; (9) Delegate certain powers pursuant to this article to other state entities; (10) Otherwise implement appropriate and efficient management practices for commission aviation operations; and (11) Enter into agreements with the Georgia Aviation Authority for mutual use of state airfields and appurtenances, including aircraft hangars." WEDNESDAY, MARCH 14, 2012 2089 SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Miller of the 49th moved that the Senate agree to the House substitute to SB 339. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 339. Senator Hooks of the 14th assumed the Chair. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1700 until 1:00 p.m. Monday, March 19, 2012; the motion prevailed, and at 12:55 p.m. the President announced the Senate adjourned. 2090 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Monday, March 19, 2012 Thirty-fourth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1225. By Representative Powell of the 171st: A BILL to be entitled an Act to authorize the governing authority of the City of Moultrie 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 1226. By Representatives Burns of the 157th and Purcell of the 159th: A BILL to be entitled an Act to provide a new charter for the City of Springfield; 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 an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 19, 2012 2091 HB 1227. By Representatives Rogers of the 26th, Collins of the 27th, Benton of the 31st and Dunahoo of the 25th: A BILL to be entitled an Act to provide a new charter for the City of Gainesville; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1231. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; 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. HB 1232. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes. HB 1236. By Representatives Marin of the 96th and Rice of the 51st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), 2092 JOURNAL OF THE SENATE so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes. HB 1238. By Representative Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of the City of West 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. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 300. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitutes to the following Bills of the House: HB 48. By Representatives Powell of the 171st, Lindsey of the 54th, Stephens of the 164th, England of the 108th, Allison of the 8th and others: A BILL to be entitled an Act to amend Part 1 of Article 2 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to 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 477. By Representatives Shaw of the 176th, Meadows of the 5th, Maxwell of the 17th, Hembree of the 67th, James of the 135th 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 the transition from an annual renewal to a biennial renewal of licenses of agents, MONDAY, MARCH 19, 2012 2093 agencies, subagents, counselors, and adjusters; to provide for adjustment of licensing fees as necessary to accommodate biennial licensing; to provide for promulgation of rules and regulations by the Commissioner; 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 527. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 528. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 529. By Senator Rogers of the 21st: A BILL to be entitled an Act to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2094 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 1225. By Representative Powell of the 171st: A BILL to be entitled an Act to authorize the governing authority of the City of Moultrie 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 1226. By Representatives Burns of the 157th and Purcell of the 159th: A BILL to be entitled an Act to provide a new charter for the City of Springfield; 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 an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1227. By Representatives Rogers of the 26th, Collins of the 27th, Benton of the 31st and Dunahoo of the 25th: A BILL to be entitled an Act to provide a new charter for the City of Gainesville; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act of 1965, as amended; 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 1231. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; 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. MONDAY, MARCH 19, 2012 2095 HB 1232. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1236. By Representatives Marin of the 96th and Rice of the 51st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1238. By Representative Smith of the 129th: A BILL to be entitled an Act to authorize the governing authority of the City of West 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. 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: 2096 JOURNAL OF THE SENATE HB 811 Do Pass by substitute HB 824 Do Pass by substitute HB 1178 Do Pass Respectfully submitted, Senator Hill of the 4th District, Chairman Mr. President: The Finance Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 916 Do Pass Respectfully submitted, Senator Heath of the 31st 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 548 Do Pass HB 955 Do Pass HB 786 Do Pass HB 986 Do Pass Respectfully submitted, Senator Goggans of the 7th 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 215 Do Pass HB 871 Do Pass HB 795 Do Pass HB 985 Do Pass Respectfully submitted, Senator Grant of the 25th District, Chairman MONDAY, MARCH 19, 2012 2097 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 472 Do Pass HB 880 Do Pass HB 1132 Do Pass HB 769 Do Pass HB 1115 Do Pass 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 877 HB 1057 HB 1179 HB 1203 HB 1206 SB 519 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1015 HB 1118 HB 1180 HB 1205 SB 354 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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: HB 817 Do Pass HB 835 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman 2098 JOURNAL OF THE SENATE The following legislation was read the second time: HB 183 HB 746 HB 899 HB 208 HB 776 HB 1146 HB 250 HB 850 HR 1151 HB 424 HB 863 HB 434 HB 869 HB 707 HB 879 The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Jackson of the 2nd Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Carter, J. Thompson, S. (Excused) Grant (Excused) Jackson, L. (Excused) Senator Carter of the 42nd was off the floor of the Senate when the roll was called and wished to be recorded as present. MONDAY, MARCH 19, 2012 2099 The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Jones of the 10th introduced the chaplain of the day, Reverend William Watley of Atlanta, Georgia, who offered scripture reading and prayer. Senator Tolleson of the 20th recognized the Chattahoochee District on being named the Georgia Forestry Commission 2011 District of the Year, commended by SR 1009, adopted previously. Senator Tolleson of the 20th recognized the Coweta-Fayette-South Fulton County Forestry Unit, known as "Coweta Forestry Unit" on being named the Georgia Forestry Commission 2011 Northern Unit of the Year, commended by SR 1008, adopted previously. Senator Tolleson of the 20th recognized the Decatur County Forestry Unit on being named the Georgia Forestry Commission 2011 Southern Unit of the Year, commended by SR 1007, adopted previously. Senator Bulloch of the 11th recognized Dr. Sandra B. Reed, the doctor of the day, commended by SR 796, adopted previously. Dr. Sandra B. Reed addressed the Senate briefly. Senator Hill of the 4th recognized the State YMCA of Georgia's Youth Assembly, commended by SR 1163, adopted previously. Youth Governor Elizabeth Holland addressed the Senate briefly. Senator Chance of the 16th recognized Coach Ron Hunter, commended by SR 1174, adopted today. Coach Ron Hunter addressed the Senate briefly. The following Senators were excused for business outside the Senate Chamber: Butler of the 55th Loudermilk of the 52nd 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 Monday March 19, 2012 Thirty-fourth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) 2100 SB 354 SB 519 HB 877 JOURNAL OF THE SENATE Williams of the 19th TOOMBS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Williams of the 19th TOOMBS COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5085), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Shafer of the 48th Albers of the 56th FULTON COUNTY A BILL to be entitled an Act to amend an Act providing for the number of members and for the election of members of the Board of Education of Fulton County, approved February 10, 1984 (Ga. L. HB 1015 HB 1057 HB 1118 MONDAY, MARCH 19, 2012 2101 1984, p. 3591), as amended, particularly by an Act approved March 27, 1992 (Ga. L. 1992, p. 5078), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Stone of the 23rd COUNTY OF JENKINS A BILL to be entitled an Act to amend an Act establishing a board of commissioners of roads and revenues for the County of Jenkins, approved August 1, 1911 (Ga. L. 1911, p. 449), as amended, particularly by an Act approved April 3, 1968 (Ga. L. 1968, p. 2960), an Act approved March 31, 1976 (Ga. L. 1976, p. 3643), and an Act approved April 25, 2002 (Ga. L. 2002, p. 4984), so as to revise the districts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for terms of office and election; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Stone of the 23rd JENKINS COUNTY A BILL to be entitled an Act to amend an Act creating a new board of education of Jenkins County, approved April 3, 1968 (Ga. L. 1968, p. 2965), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3944), and by an Act approved May 5, 2006 (Ga. L. 2006, p. 4584), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Mullis of the 53rd TOWN OF TRION A BILL to be entitled an Act to provide a new charter for the Town of Trion; to provide for incorporation, boundaries, and powers of the 2102 HB 1179 HB 1180 JOURNAL OF THE SENATE 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE Jackson of the 24th LINCOLN COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Lincoln County, approved February 25, 1949 (Ga. L. 1949, p. 1228), as amended, particularly by an Act approved April 5, 2002 (Ga. L. 2002, p. 4909), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Jackson of the 24th LINCOLN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Lincoln County, approved March 10, 1986 (Ga. L. 1986, p. 3661), as amended, particularly by an Act approved May 13, 2002 (Ga. L. 2002, p. 5766), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 19, 2012 2103 HB 1203 Davis of the 22nd Stone of the 23rd AUGUSTA-RICHMOND COUNTY A BILL to be entitled an Act to amend an Act creating the AugustaRichmond County Coliseum Authority, approved April 17, 1973 (Ga. L. 1973, p. 3042), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 3873), so as to provide that appointed members of the authority may be reappointed to succeed themselves; to repeal conflicting laws; and for other purposes. HB 1205 Balfour of the 9th Unterman of the 45th CITY OF LAWRENCEVILLE A BILL to be entitled an Act to amend an Act to create a new Charter for the City of Lawrenceville, Georgia, approved March 28, 1986 (Ga. L. 1986, p. 4961), as amended, so as to change the term of office for the mayor; to change the term of office for city councilmembers; to provide for a transition to the new terms of office; to provide for term limits for the mayor; to provide for term limits for city councilmembers; to repeal conflicting laws; and for other purposes. HB 1206 Staton of the 18th Paris of the 26th MACON-BIBB COUNTY A BILL to be entitled an Act to amend an Act known as the "Macon-Bibb County Transit Authority Act of 1980," approved March 26, 1980, (Ga. L. 1980, p. 4313), as amended, so as to provide for the power of the authority to enter into contracts with counties and municipal corporations to provide public transportation services; 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 1118: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1118: 2104 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To provide a new charter for the Town of Trion; 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 a mayor and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a town attorney, a town clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for town contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for an independent school system; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to repeal a specific Act; to provide for 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 town 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 Town of Trion, Georgia, and by that name shall have perpetual succession. SECTION 1.11. Corporate boundaries. (a) The boundaries of this town 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 MONDAY, MARCH 19, 2012 2105 manner provided by law. The boundaries of this town 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 town clerk and to be designated, as the case may be: "Official Map (or Description) of the corporate limits of the Town of Trion, Georgia." Photographic, typed, or other copies of such map or description certified by the town 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 town council may provide for the redrawing of any such map by ordinance to reflect lawful changes in the corporate boundaries. A redrawn map shall supersede for all purposes the entire map or maps which it is designated to replace. SECTION 1.12. Powers and construction. (a) This town shall have all powers possible for a town to have under the present or future constitution and laws of this state as fully and completely as though they were specifically enumerated in this charter. This town shall have all the powers of selfgovernment not otherwise prohibited by this charter or by general law. (b) The powers of this town shall be construed liberally in favor of the town. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this town. SECTION 1.13. Examples of powers. (a) 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 the same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder. (b) Appropriations and expenditures. To make appropriations for the support of the government of the town; 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 town. (c) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, fire safety, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades. (d) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades and professions as authorized by Title 48 of the 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 2106 JOURNAL OF THE SENATE for failure to pay any town taxes or fees. (e) Condemnation. To condemn property, inside or outside the corporate limits of the town, 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. (f) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations. (g) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the town, 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 town. (h) Environmental protection. To protect and preserve the natural resources, environment and vital areas of the town, the region, and the state through the preservation and improvement of air quality, the restoration and maintenance of water resources, the control of erosion and sedimentation, the management of storm-water and establishment of a storm-water utility, the management of solid and hazardous waste, and other necessary actions for the protection of the environment. (i) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof. (j) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal, and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the town 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. (k) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the town, and to provide for the enforcement of such standards. (l) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the town and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose. (m) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards. (n) Jail sentences. To provide that persons given jail sentences in the municipal court may work out such sentences in any public works or on the streets, roads, drains, and other public property in the town, to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials. (o) Motor vehicles. To regulate the operation of motor vehicles and exercise control MONDAY, MARCH 19, 2012 2107 over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the town. (p) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices, commissions, and agencies of the town, and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same. (q) Municipal debts. To appropriate and borrow money for the payment of debts of the town and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia. (r) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the town. (s) Municipal property protection. To provide for the preservation and protection of property and equipment of the town, and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof. (t) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including, but not limited to, a system of waterworks, sewers and drains, sewage disposal, storm-water management, gas works, electric light plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; and to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties, and to provide for the withdrawal of service for refusal or failure to pay the same. (u) Nuisance. To define a nuisance and provide for its abatement whether on public or private property. (v) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia. (w) Planning and zoning. To provide comprehensive town planning for development by zoning; and to provide subdivision regulation and the like as the town council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community. (x) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a fire-fighting agency. (y) Public hazards: removal. To provide for the destruction and removal of any building or other structure which is or may become dangerous or detrimental to the public. (z) Public improvements. To provide for the acquisition, 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 town; and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the Official Code of Georgia Annotated, or such other applicable laws as are 2108 JOURNAL OF THE SENATE or may hereafter be enacted. (aa) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances. (bb) Public transportation. To organize and operate such public transportation systems as are deemed beneficial. (cc) Public utilities and services. To grant franchises or make contracts for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission. (dd) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the town; and to prescribe penalties and punishment for violation of such ordinances. (ee) Retirement. To provide and maintain a retirement plan and other employee benefit plans and programs for officers and employees of the town. (ff) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the town; 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. (gg) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on those to whom sewers and sewerage systems are made available a sewer service fee, charge, or sewer tax for the availability or use of the sewers; to provide for the manner and method of collecting such service charges and for enforcing payment of the same; and to charge, impose, and collect a sewer connection fee or fees to those connected with the system. (hh) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse, and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials, and to provide for the sale of such items. (ii) Special areas of public regulation. To regulate or prohibit junk dealers, the manufacture and sale of intoxicating liquors; 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; to license and tax professional fortunetelling, palmistry, and massage parlors; and to restrict adult MONDAY, MARCH 19, 2012 2109 bookstores to certain areas. (jj) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements. (kk) Taxes: ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation. (ll) Taxes: other. To levy and collect such other taxes as may be allowed now or in the future by law. (mm) Taxicabs. To regulate and license vehicles operated for hire in the town; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to regulate the parking of such vehicles. (nn) Urban redevelopment. To organize and operate an urban redevelopment program. (oo) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the town 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 1.14. Exercise of powers. All powers, functions, rights, privileges, and immunities of the town, 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. Town council creation; number; election. The legislative authority of the government of this town, except as otherwise specifically provided in this charter, shall be vested in a town council to be composed of a mayor and five councilmembers. The town 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. 2110 JOURNAL OF THE SENATE SECTION 2.11. Town council terms and qualifications for office. (a) The mayor and members of the town council shall serve for terms of four years and until their respective successors are elected and qualified. (b) No person shall be mayor or a member of the council if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law. (c) No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the town for six months prior to the date of election of mayor or members of the council, and each person elected shall continue to reside in the town during that person's period of service and continue to be registered and qualified to vote in municipal elections of this town. SECTION 2.12. Vacancy; filling of vacancies. (a) Vacancies - The office of mayor or councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or 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 by the town council or those members remaining if less than six months remains in the unexpired term. If such vacancy occurs six months or more prior to the expiration of the term of that office, it shall be filled for the remainder of the unexpired term by a special 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 other such laws as are or may hereafter be enacted. (c) 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 financially interested. (a) Elected and appointed officers of the town are trustees and servants of the residents of the town 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 town or any agency or political entity to which this charter applies shall knowingly: MONDAY, MARCH 19, 2012 2111 (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 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, 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 town 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 the official 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 town shall disclose such interest to the town council. The mayor or any councilmember who has a financial interest in any matter pending before the town council shall disclose such interest and such disclosure shall be entered on the records of the town 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 town or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit or profit but shall use such property only in their capacity as an officer or employee of the town. (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 town council. (f) Ineligibility of elected official - Except where authorized by law, neither the mayor nor any councilmember shall hold any other elective or appointive office in the town. No former mayor and no former councilmember shall hold any appointive office in the town 2112 JOURNAL OF THE SENATE until one year after the expiration of the term for which that official was elected. (g) Political activities of certain officers and employees - No officer appointed by the town council shall continue in such employment upon qualifying as a candidate for nomination or election to any public office. No employee of the town shall continue in such employment upon qualifying for or election to any public office in this town or any other public office which is inconsistent, incompatible, or in conflict with the duties of the town employee. Such determination shall be made by the mayor and council either immediately upon qualification or at any time such conflict may arise. (h) Penalties for violation (1) Any town 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 town 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 town government for a period of three years thereafter. SECTION 2.15. Inquiries and investigations. Following the adoption of an authorizing resolution, the town council may make inquiries and investigations into the affairs of the town 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 town council shall be punished as provided by ordinance. SECTION 2.16. General power and authority of the town council. (a) Except as otherwise provided by law or this charter, the town council shall be vested with all the powers of government of this town. (b) In addition to all other powers conferred upon it by law, the council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the Town of Trion and may enforce such ordinances by imposing penalties for violation thereof. MONDAY, MARCH 19, 2012 2113 SECTION 2.17. Eminent domain. The town council is hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals, and charitable, educational, recreational, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities, and any other public improvements inside or outside the town, and to regulate the use thereof, and for such purposes, property may be condemned under procedures established under general law applicable now or as provided in the future. SECTION 2.18. Organizational meetings. The town council shall hold an organizational meeting on a date in January of each evennumbered year as specified by ordinance. The meeting shall be called to order by the town clerk and the oath of office shall be administered to the newly elected members by a judicial officer authorized to administer oaths and shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly (swear)(affirm) that I will faithfully perform the duties of (mayor)(councilmember) of this town 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. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of the Town of Trion for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interest of the Town of Trion to the best of my ability without fear, favor, affection, reward, or expectation thereof." SECTION 2.19. Regular and special meetings. (a) The town council shall hold regular meetings at such times and places as shall be prescribed by ordinance. (b) Special meetings of the town council may be held on call of the mayor or two members of the town council. Notice of such special meetings shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. Such notice to councilmembers shall not be required if the mayor and all councilmembers are present when the special meeting is called. Such notice of any 2114 JOURNAL OF THE SENATE special meeting may be waived by a councilmember in writing before or after such a meeting, and attendance at the meeting shall also constitute a waiver of notice on any business transacted in such councilmembers presence. Only the business stated in the call may be transacted at the special meeting. (c) All meetings of the town 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. SECTION 2.20. Rules of procedure. (a) The town 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 town council shall be appointed by the mayor with the approval and consent of the town council and shall serve at the pleasure of the town council. The mayor shall have the power to appoint new members to any committee at any time. SECTION 2.21. Quorum; voting. (a) Three councilmembers shall constitute a quorum and shall be authorized to transact business of the town 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 town 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. (b) The mayor shall only vote in the event of a tie between councilmembers. 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. The enacting clause shall be "It is hereby ordained by the governing authority of the Town of Trion" 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 town council. Ordinances shall be considered and adopted or rejected by the town council in accordance with the rules which it shall establish; provided, however, an ordinance shall not be adopted the same day it is introduced, MONDAY, MARCH 19, 2012 2115 except for emergency ordinances provided in Section 2.24 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 town council may designate. SECTION 2.23. Action requiring an ordinance. Acts of the town 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 town 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., or such other applicable laws as are or may hereafter be enacted. SECTION 2.25. Codes of technical regulations. (a) The town 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 2.22(b) for distribution and filing of copies of the 2116 JOURNAL OF THE SENATE 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 2.26. (b) Copies of any adopted code of technical regulations shall be made available by the clerk for inspection by the public. SECTION 2.26. Signing; authenticating; recording; codification; printing. (a) The clerk shall authenticate by the clerk's signature and record in full in a properly indexed book kept for that purpose, all ordinances adopted by the council. (b) The town council shall provide for the preparation of a general codification of all the ordinances of the town having the force and effect of law. The general codification shall be adopted by the town 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 town council may specify. This compilation shall be known and cited officially as "The Code of the Town of Trion, Georgia." Copies of the code shall be furnished to all officers, departments, and agencies of the town, and made available for purchase by the public at a reasonable price as fixed by the town council. (c) The town 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 town 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 town council shall make such further arrangements as deemed desirable with reproduction and distribution of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. SECTION 2.27. 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 town and shall have been a resident of the town for six months prior to the election. The mayor shall continue to reside in this town 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. MONDAY, MARCH 19, 2012 2117 SECTION 2.28. Mayor pro tem. By a majority vote, the town council shall elect a councilmember to serve as mayor pro tem. The mayor pro tem shall assume the duties and powers of the mayor during the mayor's physical or mental disability, suspension from office, or absence. Any such disability or absence shall be declared by a majority vote of the town council. The mayor pro tem shall sign all contracts and ordinances in which the mayor has a disqualifying financial interest as provided in Section 2.14 of this charter. When acting as mayor, the mayor pro tem shall continue to have a vote only as a member of the council. SECTION 2.29. Powers and duties of mayor. The mayor shall: (a) Preside at all meetings of the town council; (b) Be the head of the town for the purpose of service of process and for ceremonial purposes, and be the official spokesperson for the town and the chief advocate of policy; (c) Have the power to administer oaths and to take affidavits; (d) Sign as a matter of course on behalf of the town all written and approved contracts, ordinances, and other instruments executed by the town which by law are required to be in writing; (e) Vote on matters before the town council only in the case of a tie between councilmembers and shall not be counted toward a quorum of the town council; (f) Prepare and submit to the town council a recommended annual operating budget and recommended capital budget; and (g) Fulfill such other executive and administrative duties as the town council shall by ordinance establish. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the town 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 town, as necessary for the proper administration of the affairs and government of this town. (b) Except as otherwise provided by this charter or by law, the directors of departments and other appointed officers of the town shall be appointed solely on the basis of their respective administrative and professional qualifications. 2118 JOURNAL OF THE SENATE (c) All appointive officers and directors of departments shall receive such compensation as prescribed by ordinance or resolution. (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 town 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 3.11. Boards, commissions, and authorities. (a) The town council shall create by ordinance such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the town 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 town shall be appointed by the town 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 town 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 town. (e) Any vacancy on a board, commission, or authority of the town 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 town an oath obligating himself to faithfully and impartially perform the duties of that member's office, such oath to be prescribed by ordinance and administered by the mayor. (g) All board members serve at-will and may be removed at any time by a vote of three members of the town council unless otherwise provided by law. (h) Except as otherwise provided by this charter or by law, each board, commission, or authority of the town 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 town. Each board, commission, or authority of the town government may establish such bylaws, rules, and regulations, not inconsistent with this charter, ordinances of the town, 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 town. MONDAY, MARCH 19, 2012 2119 SECTION 3.12. Town attorney. (a) The mayor shall appoint a town attorney, together with such assistant town attorneys as may be authorized, and the town council shall provide for the payment of such attorney or attorneys for services rendered to the town. The town attorney shall be responsible for providing for the representation and defense of the town in all litigation in which the town is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the council as directed; shall advise the town council, mayor, and other officers and employees of the town concerning legal aspects of the town's affairs; and shall perform such other duties as may be required by virtue of the person's position as town attorney. (b) The town attorney is not a public official of the town and shall not take an oath of office. The town attorney shall at all times be an independent contractor. A law firm, rather than an individual, may be designated as the town attorney. SECTION 3.13. Town clerk. The town council shall appoint a town clerk who shall not be a councilmember. The town clerk shall be custodian of the official town seal and town records; maintain town council records required by this charter; and perform such other duties as may be required by the town council. SECTION 3.14. 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 town council for approval. Such plan may apply to all employees of the town and any of its agencies, departments, boards, commissions, or authorities. When a pay plan has been adopted, the town 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 town officials are not town 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. 2120 JOURNAL OF THE SENATE ARTICLE IV JUDICIAL BRANCH SECTION 4.10. Creation; name. There shall be a court to be known as the Municipal Court of the Town of Trion. 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 standby 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 25 years, shall have been a resident of Chattooga County, Georgia, for at least one year, and shall possess all qualifications required by law. All judges shall be appointed by the town council and shall serve until a successor is appointed and qualified. (c) The chief judge, and such other part-time, full-time, and standby judges, shall be selected by the mayor and approved by a majority vote of a quorum of the town council and once appointed shall serve until a successor is appointed and qualified. (d) Compensation of the judges shall be fixed by ordinance. (e) All judges serve at-will and may be removed from office at any time by the town council unless otherwise provided by ordinance. (f) 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 town council journal required in Section 2.20. 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 have jurisdiction and authority to try and punish violations of this charter, all town 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 MONDAY, MARCH 19, 2012 2121 imprisonment, or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter provided by law, including up to 30 days of community service. (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 said 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 town, 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 town property taxes. (f) The municipal court shall have the same authority as superior courts to compel the production of evidence in the possession of any party; to enforce obedience to its orders, judgments and sentences; and to administer such oaths as are necessary. (g) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by law. (h) Each judge of the municipal court shall be authorized to issue warrants for the arrest of persons charged with offenses against any ordinance of the town, 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 town. 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 Chattooga 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 town council, the chief judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and 2122 JOURNAL OF THE SENATE successful administration of the municipal court; provided, however, that the town 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 town clerk, shall be available for public inspection, and, upon request, a copy shall be furnished to all defendants in municipal court proceedings at least 48 hours prior to said proceedings. 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 5.12. Non-partisan elections. Political parties shall not conduct primaries for town offices and all names of candidates for town offices shall be listed without party designations. SECTION 5.13. Election by plurality. (a) For the purpose of electing members of the town council, there shall be five seats on the council, designated as Council Seats 1 through 5. A candidate shall designate the seat for which he or she is offering at the time of qualifying. Members may reside anywhere within the town and shall be elected by the electors of the entire town. (b) The mayor and members of the town council in office on the effective date of this charter shall serve out the terms to which they were elected and until their respective successors are elected and qualified. (c) At the municipal general election in 2013, an election shall be held for successors to the mayor and those members of the council from Council Seats 1, 2, and 3, whose terms are expiring. Such successors shall take office on January 1, 2014, and shall serve for terms of four years and until their respective successors are elected and qualified. Thereafter, successors shall be elected at the municipal general election immediately preceding the end of the term of office, shall take office on the first day of January following such election, and shall serve for terms of four years and until their respective successors are elected and qualified. (d) At the municipal general election in 2015, an election shall be held for successors to those members of the council from Council Seats 4 and 5, whose terms are expiring. Such successors shall take office on January 1, 2016, and shall serve for terms of four years and until their respective successors are elected and qualified. Thereafter, MONDAY, MARCH 19, 2012 2123 successors shall be elected at the municipal general election immediately preceding the end of the term of office, shall take office on the first day of January following such election, and shall serve for terms of four years and until their respective successors are elected and qualified. (e) The person receiving a plurality of the votes cast for any town 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 town council or those remaining shall order a special election to fill the balance of the unexpired term of such official; provided, however, if such vacancy occurs within six months of the expiration of the term of that office, the town 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. SECTION 5.15. Other provisions. Except as otherwise provided by this charter, the town council shall, by ordinance, prescribe such rules and regulations it deems appropriate to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." SECTION 5.16. Removal of officers. (a) 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 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 town 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 town 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 town council to the Superior Court of Chattooga County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court. (2) By an order of the Superior Court of Chattooga County following a hearing on a complaint seeking such removal brought by any resident of the Town of Trion. 2124 JOURNAL OF THE SENATE ARTICLE VI FINANCE SECTION 6.10. Property tax. The town council may assess, levy, and collect an ad valorem tax on all real and personal property within the corporate limits of the town 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 town 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 town council in its discretion. SECTION 6.11. Millage rate; due dates; payment methods. The town council, by ordinance, shall establish a millage rate for the town property tax, a due date, and the time period within which these taxes must be paid. The town council, by ordinance, may provide for the payment of these taxes by two 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 town council by ordinance shall have the power to levy such occupation or business taxes as are not denied by law. The town 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. SECTION 6.13. Regulatory fees; permits. The town council by ordinance shall have the power to require businesses or practitioners doing business within this town to obtain a permit for such activity from the town and pay a reasonable regulatory fee for such permit as provided by general law. Such fees shall reflect the total cost to the town of regulating the activity, and if unpaid, shall be collected as provided in Section 6.18. SECTION 6.14. Franchises. (a) The town council shall have the power to grant franchises for the use of this town's streets and alleys for the purposes of railroads, street railways, telephone companies, MONDAY, MARCH 19, 2012 2125 electric companies, electric membership corporations, cable television and other telecommunications companies, gas companies, transportation companies, and other similar organizations. The town council shall determine the duration, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 35 years and no franchise shall be granted unless the town receives just and adequate compensation therefor. The town council shall provide for the registration of all franchises with the town clerk in a registration book kept by the clerk. The town 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 town council has the authority to impose a tax on gross receipts for the use of this town'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 town council by ordinance shall have the power to assess and collect fees, charges, assessments, and tolls for sewers, sanitary and health services, or any other services provided or made available within and without the corporate limits of the town. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.16. Special assessments. The town 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. If unpaid, such charges shall be collected as provided in Section 6.18. SECTION 6.17. Construction; other taxes and fees. This town 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 town to govern its local affairs. 2126 JOURNAL OF THE SENATE SECTION 6.18. Collection of delinquent taxes and fees. The town council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the town under Sections 6.10 through 6.17 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; revoking town permits for failure to pay any town taxes or fees; and providing for the assignment or transfer of tax executions. SECTION 6.19. General obligation bonds. The town council shall have the power to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this charter or the laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuance by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the town 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 town 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 town 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. MONDAY, MARCH 19, 2012 2127 SECTION 6.23. Fiscal Year. The town 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 town government unless otherwise provided by state or federal law. SECTION 6.24. Preparation of budgets. The town 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 town council. On or before a date fixed by the town council but not later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the town council a proposed operating budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor containing a statement of the general fiscal policies of the town, 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 town clerk and shall be open to public inspection. SECTION 6.26. Action by town council on budget. (a) The town council may amend the operating budget proposed by the mayor; except, that the budget as finally amended and adopted must provide for all expenditures required by state law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year, and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues. (b) The town council by ordinance shall adopt the final operating budget for the ensuing fiscal year not later than the first day of December of each year. If the town 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 town council adopts a budget for the ensuing fiscal year. Adoption of the budget shall take the form of an 2128 JOURNAL OF THE SENATE 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 town council shall levy by ordinance such taxes as are necessary. The taxes and tax rates set by such ordinances 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 town. SECTION 6.28. Changes in appropriations. The town council by ordinance may make changes in the appropriations contained in the current operating budget, at any regular meeting, special, or emergency meeting called for such purpose, but any additional appropriations may be made only from an existing unexpended surplus. SECTION 6.29. Capital budget. (a) On or before the date fixed by the town council but no later than 90 days prior to the beginning of each fiscal year, the mayor shall submit to the town 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 town council shall have power to accept, with or without amendments, or reject the proposed plan and proposed budget. The town 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 2.24 of this charter. (b) The town council shall adopt by ordinance the final capital budget for the ensuing fiscal year not later than the first day of December 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, MONDAY, MARCH 19, 2012 2129 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 6.30. Independent audit. There shall be an annual independent audit of all town accounts, funds, and financial transactions by a certified public accountant selected by the town 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 town shall be binding on the town unless: (1) It is in writing; (2) It is drawn by or submitted to and reviewed by the town attorney and, as a matter of course, is signed by the town attorney to indicate such drafting or review; and (3) It is made or authorized by the town council and such approval is entered in the town council journal of proceedings pursuant to Section 2.21 of this charter. SECTION 6.32. Centralized purchasing. The town council shall by ordinance prescribe procedures for a system of centralized purchasing for the town. SECTION 6.33. Sale and lease of town property. (a) The town council may sell and convey, or lease any real or personal property owned or held by the town for governmental or other purposes as now or hereafter provided by law. (b) The town 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 town has no readily ascertainable monetary value. (c) Whenever in opening, extending or widening any street, avenue, alley, or public place of the town, 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 town, the town council may authorize the mayor to sell and convey said cut-off or separated parcel or tract of land to an abutting or 2130 JOURNAL OF THE SENATE 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 town has in such property, notwithstanding the fact that no public sale after advertisement was or is hereafter made. ARTICLE VII EDUCATION SECTION 7.10. Board of education. (a) The Board of Education of the Town of Trion which was appointed and in existence on the effective date of this charter is continued in existence but, on and after the effective date of this charter, shall be constituted as provided in this article. The Board of Education of the Town of Trion so continued and constituted, sometimes referred to in this article as the "board," shall continue to have the same powers, duties, rights, obligations, and liabilities of that Board of Education of the Town of Trion as existed immediately before the effective date of this charter and shall be subject to all constitutional and statutory provisions relating to boards of education and not in conflict with this article. (b) The Board of Education of the Town of Trion shall consist of five members elected at large by the electors of the Town of Trion Independent School District in accordance with this section. Those members of the Board of Education of the Town of Trion who are serving as such on the effective date of this charter shall serve out the terms of office to which such members were elected. (c)(1) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 20-2-51 or 45-2-1 of the O.C.G.A. or any other general law. (2) In order to be elected as a member of the board, a person shall have resided in the Town of Trion Independent School District for at least 12 months prior to election thereto. Only electors who are residents of that school district shall vote for a member of the board, A person elected as a member of the board shall continue to reside in that school district during that person's terms of office or that office shall thereupon become vacant. (d) For the purpose of electing the members of the Board of Education of the Town of Trion, there shall be five seats on the board, designated as Board Seats 1 through 5. A candidate shall designate the seat for which he or she offers at the time of qualifying. Members may reside anywhere within the school district and shall be elected by the electors of the entire school district. MONDAY, MARCH 19, 2012 2131 (e) An election shall be conducted at the time of and in conjunction with the general municipal election in 2013 to elect successors to the members from Board Seats 1, 2, and 3 whose terms expire on December 31, 2013. Those members elected from Board Seats 1, 2, and 3 shall take office on January 1, 2014, and shall serve for terms of four years and until their respective successors are elected and qualified. Successors to such members shall be elected at the municipal general election immediately prior to the end of their terms and such successors shall take office on January 1 immediately following such election and shall serve for terms of four years and until their respective successors are elected and qualified. (f) An election shall be conducted at the time of and in conjunction with the general municipal election in 2015 to elect successors to the members from Board Seats 4 and 5 whose terms expire on December 31, 2015. Those members elected from Board Seats 4 and 5 shall take office on January 1, 2016, and shall serve for terms of four years and until their respective successors are elected and qualified. Successors to such members shall be elected at the municipal general election immediately prior to the end of their terms and such successors shall take office on January 1 immediately following such election and shall serve for terms of four years and until their respective successors are elected and qualified. (g) All elections for members of the board shall be conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended. Such elections shall be held on a nonpartisan basis and the person received a plurality of the votes cast for such seat shall be elected. SECTION 7.11. Vacancies. In the event of a vacancy occurring in the membership of the board for any reason other than expiration of term, that vacancy shall be filled as provided in Code Section 20-254.1 of the O.C.G.A. SECTION 7.12. Compensation. Members of the Board of Education of the Town of Trion shall be compensated in the same amount and subject to the same procedures as the members of the town council. Members of the board shall be reimbursed for expenses in the same manner as members of the town council. SECTION 7.13. Chairperson. The chairperson of the board shall be elected from the membership of the board as provided in Code Section 20-2-57 of the O.C.G.A. 2132 JOURNAL OF THE SENATE SECTION 7.14. School superintendent. (a) The Board of Education of the Town of Trion shall appoint a school superintendent. Unless otherwise provided by general law, such school superintendent shall serve at the pleasure of the board or the board may provide the school superintendent with a contract of employment for a fixed term. (b) Except as otherwise provided in this section, the school superintendent shall be subject to all general laws of this state relating to school superintendents. ARTICLE VIII GENERAL PROVISIONS SECTION 8.10. Bonds for officials. The officers and employees of this town, both elective and appointive, shall execute such surety or fidelity bonds in such amounts and upon such terms and conditions as the town council shall from time to time require by ordinance or as may be provided by law. SECTION 8.11. Prior ordinances. All ordinances, resolutions, rules and regulations now in force in the town not inconsistent with this charter are hereby declared valid and of full effect and force until amended or repealed by the town council. SECTION 8.12. Existing personnel and officers. Except as specifically provided otherwise by this charter, all personnel and officers of the town and their rights, privileges, and powers shall continue beyond the time this charter takes effect for a period of 90 days before or during which the existing town council shall pass a transition ordinance detailing the changes in personnel and appointive officers required or desired and arranging such titles, rights, privileges, and powers as may be required or desired to allow a reasonable transition. SECTION 8.13. Pending matters. Except as specifically provided otherwise by this charter, all rights, claims, actions, orders, contracts, and legal or administrative proceedings shall continue and any such ongoing work or cases shall be completed by such town agencies, personnel, or offices as may be provided by the town council. MONDAY, MARCH 19, 2012 2133 SECTION 8.14. 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 8.15. 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 8.16. Specific repealer. An Act incorporating the Town of Trion, approved December 18, 1897 (Ga. L. 1897, p. 352), is hereby repealed in its entirety and all amendatory acts thereto are likewise repealed in their entirety. SECTION 8.17. Effective date. This charter shall become effective on July 1, 2012. SECTION 8.18. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 48, nays 2, 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: 2134 JOURNAL OF THE SENATE Y Albers Y Balfour Bethel Y Bulloch E Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local bills, the yeas were 48, nays 2. The bills on the Local Consent Calendar, except HB 1118, having received the requisite constitutional majority, were passed. HB 1118, having received the requisite constitutional majority, was passed by substitute. The following resolutions were read and adopted: SR 1165. By Senator Mullis of the 53rd: A RESOLUTION commending the Lakeview Ft. Oglethorpe High School Academic Decathlon Team; and for other purposes. SR 1166. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Tyler J. Kaplan; and for other purposes. SR 1167. By Senator James of the 35th: A RESOLUTION recognizing and commending Princess Pat Akpabio; and for other purposes. MONDAY, MARCH 19, 2012 2135 SR 1168. By Senator Chance of the 16th: A RESOLUTION honoring the life and memory of Mr. Frank B. Flanders, Jr.; and for other purposes. SR 1169. By Senators Crosby of the 13th, Hooks of the 14th, Thompson of the 33rd and Crane of the 28th: A RESOLUTION recognizing and commending Ms. Ovis Stephens; and for other purposes. SR 1170. By Senator Gooch of the 51st: A RESOLUTION commending Eric Tedders, Gilmer County High School's 2012 STAR Teacher; and for other purposes. SR 1171. By Senator Gooch of the 51st: A RESOLUTION commending Timothy James Herold, Gilmer County High School's 2012 STAR Student; and for other purposes. SR 1172. By Senator Gooch of the 51st: A RESOLUTION commending Savannah Grace Little, Fannin County High School's 2012 STAR Student; and for other purposes. SR 1173. By Senators Davis of the 22nd, Grant of the 25th and Crane of the 28th: A RESOLUTION commending the Georgia Tech Cooperative Education Program on its 100th anniversary and for its Centennial Celebration during the 2012-2013 school year; and for other purposes. SR 1174. By Senators Chance of the 16th and Rogers of the 21st: A RESOLUTION recognizing and commending Coach Ron Hunter; and for other purposes. SR 1175. By Senator Thompson of the 5th: A RESOLUTION recognizing and commending Ms. Ja'Naan for becoming USA Artist in Residence for Sierra Leone, West Africa; and for other purposes. 2136 JOURNAL OF THE SENATE SR 1176. By Senator Millar of the 40th: A RESOLUTION recognizing the first week of October, 2012, as Georgia PreK Week at the capitol; and for other purposes. SR 1177. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Staff Sergeant Scott Millican; and for other purposes. SR 1178. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Dr. Michelle Reynolds Zeanah, recipient of the 2011 Young Physician of the Year Award; and for other purposes. SR 1179. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Pam Morgan; and for other purposes. SR 1180. By Senator Thompson of the 33rd: A RESOLUTION recognizing and commending Belva Allen Davis on the occasion of her 100th birthday; and for other purposes. Senator Miller of the 49th recognized March 19, 2012, as Georgia Speech-LanguageHearing Association Day at the capitol, commended by SR 1119, adopted previously. Senator Staton of the 18th asked unanimous consent that Senator Ligon of the 3rd be excused. The consent was granted, and Senator Ligon was excused. Senator Jackson of the 2nd asked unanimous consent that Senator Jones of the 10th be excused. The consent was granted, and Senator Jones was excused. SENATE CONVENES AT 1:00 P.M. SENATE RULES CALENDAR MONDAY, MARCH 19, 2012 THIRTY-FOURTH LEGISLATIVE DAY HB 39 Education; unexcused absence notices made by United States mail; provide (Substitute) (ED&Y-52nd) Benton-31st MONDAY, MARCH 19, 2012 2137 HB 868 Income tax credits; business enterprises located in less developed areas designated by tiers; provide (Substitute) (ECD-54th) Collins-27th HB 900 Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide (Substitute) (PUB SAF-19th) Rice-51st Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 39. By Representatives Benton of the 31st, England of the 108th, 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. Senate Sponsor: Senator Loudermilk of the 52nd. The Senate Education and Youth Committee offered the following substitute to HB 39: A BILL TO BE ENTITLED AN ACT To amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; to provide that notice by local school systems to parents relating to unexcused absences may be made by United States mail; to provide for related matters; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, is amended in Code Section 20-2-690, relating to requirements for private 2138 JOURNAL OF THE SENATE schools and home study programs, by revising subsection (c) as follows: "(c) Parents or guardians may teach their children at home in a home study program which meets the following requirements: (1) The parent, parents, or guardian must submit within 30 days after the establishment of a home study program and by September 1 annually thereafter a declaration of intent to utilize a home study program to the Department of Education, which may provide for electronic submittal of such declaration of intent superintendent of schools of the local school district in which the home study program is located; (2) The declaration shall include a list of the names and ages of the students who are enrolled in the home study program, the address where the home study program is located, and a statement of the 12 month period that is to be considered the school year for that home study program. Enrollment records and reports shall not be used for any purpose except providing necessary enrollment information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (3) Parents or guardians may teach only their own children in the home study program, provided the teaching parent or guardian possesses at least a high school diploma or a general educational development diploma, but the parents or guardians may employ a tutor who holds a high school diploma or a general educational development diploma to teach such children; (4) The home study program shall provide a basic academic educational program which includes, but is not limited to, reading, language arts, mathematics, social studies, and science; (5) The home study program must provide instruction each 12 months to home study students equivalent to 180 school days of education with each school day consisting of at least four and one-half school hours unless the child is physically unable to comply with the rule provided for in this paragraph; (6) Attendance records for the home study program shall be kept and shall be submitted annually to the Department of Education and additionally, in accordance with department regulations for purposes of verification of attendance by the Department of Public Safety, for the purposes set forth in subsection (a.1) of Code Section 40-5-22. The department may provide for electronic submittal of such records at the end of each month to the school superintendent of the local school district in which the home study program is located. Attendance records and reports shall not be used for any purpose except providing necessary attendance information, except with the permission of the parent or guardian of a child, pursuant to the subpoena of a court of competent jurisdiction, or for verification of attendance by the Department of Public Safety for the purposes set forth in subsection (a.1) of Code Section 40-5-22; (7) Students in home study programs shall be subject to an appropriate nationally standardized testing program administered in consultation with a person trained in the MONDAY, MARCH 19, 2012 2139 administration and interpretation of norm reference tests to evaluate their educational progress at least every three years beginning at the end of the third grade and records of such tests and scores shall be retained but shall not be required to be submitted to public educational authorities; and (8) The home study program instructor shall write an annual progress assessment report which shall include the instructor's individualized assessment of the student's academic progress in each of the subject areas specified in paragraph (4) of this subsection, and such progress reports shall be retained by the parent, parents, or guardian of children in the home study program for a period of at least three years." SECTION 2. Said subpart is further amended in Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, by revising subsection (c) as follows: "(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 violates this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $25.00 and not greater than $100.00, imprisonment not to exceed 30 days, community service, or any combination of such penalties, at the discretion of the court having jurisdiction. Each day's absence from school in violation of this part after the child's school system notifies the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence for a child shall constitute a separate offense. After two reasonable attempts to notify the parent, guardian, or other person who has control or charge of a child of five unexcused days of absence without response, the school system shall send a notice to such parent, guardian, or other person by certified mail, return receipt requested, or first-class mail. Prior to any action to commence judicial proceedings to impose a penalty for violating this subsection on a parent, guardian, or other person residing in this state who has control or charge of a child or children, a 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, or first-class mail, to such parent, guardian, or 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." 2140 JOURNAL OF THE SENATE SECTION 3. Said subpart is further amended in Code Section 20-2-690.1, relating to mandatory education for children between ages six and 16, by revising subsection (d) as follows: "(d) Local school superintendents in the case of private schools or home study programs and visiting teachers and attendance officers in the case of public schools shall have authority and it shall be their duty to file proceedings in court to enforce this subpart. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs." SECTION 4. Said subpart is further amended in Code Section 20-2-694, relating to administration and enforcement of compulsory attendance laws, as follows: "20-2-694. It shall be the duty of each county and independent school system board of education and each local school superintendent within the state to administer this subpart and to secure its enforcement in cooperation with the other state and county agencies and in cooperation with the administrators of private schools and parents or guardians providing a home study program. The Department of Education shall coordinate with boards of education and local school superintendents regarding administration of this part with respect to students in home study programs." SECTION 5. Said subpart is further amended in Code Section 20-2-701, relating to local school superintendents or visiting teachers and attendance officers to report truants to juvenile or other courts, by revising subsection (a) as follows: "(a) Local school superintendents as applied to private schools and home study programs or visiting teachers and attendance officers as applied to public schools, after written notice to the parent or guardian of a child, shall report to the juvenile or other court having jurisdiction under Chapter 11 of Title 15 any child who is absent from a public or private school or a home study program in violation of this subpart. If the judge of the court places such child in a home or in a public or private institution pursuant to Chapter 11 of Title 15, school shall be provided for such child. The Department of Education shall coordinate with local school superintendents with respect to attendance records and notification for students in home study programs." SECTION 6. Sections 1, 3, 4, and 5 of this Act shall be applicable beginning with school year 20122013. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. MONDAY, MARCH 19, 2012 2141 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares E Jones E Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 41, nays 9. HB 39, having received the requisite constitutional majority, was passed by substitute. Senator Staton of the 18th asked unanimous consent to drop HB 868 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 868 was placed at the foot of the Rules Calendar. HB 900. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, 2142 JOURNAL OF THE SENATE to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. The Senate Public Safety Committee offered the following substitute to HB 900: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; 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 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, is amended by revising paragraphs (1) and (2) of subsection (a) of Code Section 40-3-36, relating to cancellation of certificates of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, as follows: "(a)(1) Any registered owner or authorized agent of a registered owner who in any manner sells or disposes of any vehicle, including a trailer, as scrap metal or parts only or who scraps, dismantles, or demolishes a vehicle shall within 72 hours mail or deliver the certificate of title to the commissioner for cancellation. (2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle, including a trailer, to be transferred, or has lost the title for the vehicle or trailer to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle or trailer is at least 12 model years old and is worth $850.00 or less, if the vehicle was used as a motor vehicle, or $1,700.00 or less if the vehicle was used as a trailer and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vehicle or trailer shall never be titled again; it must be dismantled or scrapped; MONDAY, MARCH 19, 2012 2143 (B) A description of the vehicle including, where applicable, the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner: (i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less, or $1,700.00 or less if the vehicle is a trailer; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less, or $1,700.00 or less if the vehicle is a trailer, was paid to acquire the vehicle; and (J) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation." 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 Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner 2144 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares E Jones E Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy E Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 900, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th asked unanimous consent that the following resolution, having been placed on the Table on Wednesday, February 29, 2012, be taken from the Table: HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others: A RESOLUTION proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to create special schools; to delineate types of schools that the General Assembly may authorize and clarify funding authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The consent was granted, and HR 1162 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), HR 1162, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. The Calendar was resumed. HB 868. By Representatives Collins of the 27th, Carter of the 175th, Atwood of the 179th, Hatchett of the 143rd, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive MONDAY, MARCH 19, 2012 2145 revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Economic Development Committee offered the following substitute to HB 868: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for procedures, conditions, and limitations; to change certain provisions so as to correct certain cross-references; to provide for an extended job creation period for certain companies; to provide for conditions and limitations on jobs created when a company is acquired; to provide for an effective date and 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. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, is amended by revising subsections (a), (e), (f), (h), and (l) of Code Section 48-7-40, relating to designation of counties as less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American 2146 JOURNAL OF THE SENATE Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, research and development industries, biomedical manufacturing, and services for the elderly and persons with disabilities. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (3) 'Competitive project' means expansion or location of some or all of a business enterprise's operations in this state having significant regional impact where the commissioner of economic development certifies that but for some or all of the tax incentives provided in this Code section, the business enterprise would have located or expanded outside this state. (4) 'Existing business enterprise' means any business or the headquarters of any such business which has operated for the immediately preceding three years a facility in this state which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, or research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (5) 'New full-time employee job' means a newly created position of employment that was not previously located in this state, requires a minimum of 35 hours a week, and pays at or above the average wage earned in the county with the lowest average wage earned in this state, as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor." "(e)(1) Business enterprises in counties designated by the commissioner of MONDAY, MARCH 19, 2012 2147 community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, business enterprises in counties designated by the commissioner of community affairs as tier 3 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, or where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code 2148 JOURNAL OF THE SENATE Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by five two or more shall be eligible for the credit. In tier 2 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises shall be allowed an additional tax credit for taxes imposed under this article equal to $500.00 per eligible new full-time employee job the first year in which the new full-time employee job is created. The additional credit shall be claimed in the first taxable year in which the new full-time employee job is created. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that MONDAY, MARCH 19, 2012 2149 increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit generated and utilized for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011. (f) Tax credits for four five years for the taxes imposed under this article shall be awarded for additional new full-time employee jobs created by business enterprises qualified under subsection (b), (c), or (c.1) of this Code section. Additional new fulltime employee jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through five, or whatever portion of years two through five which has been completed, from the total increased employment. The state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the five years of credit." "(h)(1) Except as provided in paragraph (2) of this subsection, any Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, subject to forfeiture as provided in paragraph (1) of subsection (e) of this Code section, but in tiers 3 and 4 the credit established by this Code section taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. In tier 1 and 2 counties, the credit allowed under this Code section against taxes imposed under this article in any taxable year shall be limited to an amount not greater than 100 percent of the taxpayer's state income tax liability attributable to income derived from operations in this state for such taxable year. (2) The additional credit claimed by an existing business enterprise pursuant to the provisions of paragraph (2) of subsection (e) of this Code section must be applied against taxes imposed for the taxable year in which such credit is available and may 2150 JOURNAL OF THE SENATE not be carried forward to any subsequent taxable year." "(l) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim." SECTION 2. Said article is further amended by revising subsections (a), (e), (f), and (j) of Code Section 48-7-40.1, relating to tax credits for business enterprises located in less developed areas, as follows: "(a) As used in this Code section, the term: (1) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (2) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, and research and development industries. Such term shall not include retail businesses. Businesses are eligible for the tax credit provided by this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section." "(e) Business enterprises in areas designated by the commissioner of community affairs as less developed areas shall be allowed a job tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 for each new MONDAY, MARCH 19, 2012 2151 full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. The number of new full-time jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those business enterprises that increase employment by five or more in a less developed area shall be eligible for the credit; provided, however, that within areas of pervasive poverty as designated under paragraphs (2) and (4) of subsection (c) of this Code section businesses shall only have to increase employment by two or more jobs in order to be eligible for the credit, provided that, if a business only increases employment by two jobs, the persons hired for such jobs shall not be married to one another. The average wage of the new jobs created must be above the average wage of the county that has the lowest wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below five or two, as applicable. In any year in which the net employment increase falls below five or two, as applicable, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below five or two, as applicable, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of five or two. (f) Tax credits for four five years for the taxes imposed under this article shall be awarded for additional new full-time employee jobs created by business enterprises qualified under subsection (b) or (c) of this Code section. Additional new full-time employee jobs shall be determined by subtracting the highest total employment of the business enterprise during years two through five, or whatever portion of years two through five which has been completed, from the total increased employment. The 2152 JOURNAL OF THE SENATE state revenue commissioner shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit." "(j) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim." SECTION 3. Said article is further amended by revising subsection (e) of Code Section 48-7-40.12, relating to tax credit for qualified research expenses, as follows: "(e) In the first five years of a newly formed business enterprise's operations in this state, where Where the amount of a credit claimed under this Code section exceeds 50 percent of a taxpayer's liability for such taxes the business enterprise's remaining Georgia net income tax liability after all other credits have been applied in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer." SECTION 4. Said article is further amended by revising Code Section 48-7-40.15, relating to alternative tax credits for base year port traffic increases, as follows: "48-7-40.15. (a) As used in this Code section, the term: (1) 'Base year port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually transported by way of a waterborne ship or vehicle through a port facility during the period from January 1, 1997, through December 31, 1997; provided, however, that in the event the total amount actually transported during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product actually imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility during the second preceding 12 month period; MONDAY, MARCH 19, 2012 2153 provided, however, that in the event the total amount actually imported into this state or exported out of this state during such period was not at least 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's), then 'base year port traffic' means 75 net tons, five containers, or ten twenty-foot equivalent units (TEU's). (2) 'Broadcasting' means the transmission or licensing of audio, video, text, or other programming content to the general public, subscribers, or to third parties via radio, television, cable, satellite, or the Internet or Internet Protocol and includes motion picture and sound recording, editing, production, postproduction, and distribution. 'Broadcasting' is limited to establishments classified under the 2007 North American Industry Classification System Codes 515, broadcasting; 516, 519, Internet publishing and broadcasting; 517, telecommunications; and 512, motion picture and sound recording industries. (3) 'Business enterprise' means any business or the headquarters of any such business which is engaged in manufacturing, including, but not limited to, the manufacturing of alternative energy products for use in solar, wind, battery, bioenergy, biofuel, and electric vehicle enterprises, warehousing and distribution, processing, telecommunications, broadcasting, tourism, biomedical manufacturing, and research and development industries. Such term but shall not include retail businesses. Businesses are eligible for the tax credit provided by subsection (b) of this Code section at an individual establishment of the business based on the classification of the individual establishment under the North American Industry Classification System. For purposes of this Code section, the term 'establishment' means an economic unit at a single physical location where business is conducted or where services or industrial operations are performed. If more than one business activity is conducted at the establishment, then only those jobs engaged in the qualifying activity will be eligible for the tax credit provided by this Code section. (4) 'Port facility' means any privately owned or publicly owned facility located within this state through which product is transported by way of a waterborne ship or vehicle to or from destinations outside this state. (5) 'Port traffic' means: (A) For taxable years beginning prior to January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product transported by way of a waterborne ship or vehicle through a port facility. (B) For all taxable years beginning on or after January 1, 2010, the total amount of net tons, containers, or twenty-foot equivalent units (TEU's) of product imported into this state or exported out of this state by way of a waterborne ship or vehicle through a port facility. (6) 'Product' means a marketable product or component of a product which has an economic value to the wholesale or retail consumer and is ready to be used without further alteration of its form or a product or material which is marketed as a prepared material or is a component in the manufacturing and assembly of other finished products. (7) 'Qualified investment property' means all real and personal property purchased or 2154 JOURNAL OF THE SENATE acquired by a taxpayer for use in the construction of an additional manufacturing or telecommunications facility to be located in this state or in the expansion of an existing manufacturing or telecommunications facility located in this state, including, but not limited to, moneys expended on land acquisition, improvements, buildings, building improvements, and machinery and equipment to be used in the manufacturing or telecommunications facility. The department shall promulgate rules defining eligible manufacturing facilities, telecommunications facilities, and qualified investment property pursuant to this Code section. (b)(1) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a job tax credit under Code Section 48-7-40 or 48-7-40.1 for jobs added at any time on or after January 1, 1998, there shall be allowed an additional $1,250.00 job tax credit against the tax imposed under this article. (2) The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40 or 48-7-40.1 and shall be in addition to the credit allowed under Code Section 48-7-40 or 48-7-40.1; provided, however, that such credit shall not be allowed during a year if the port traffic does not remain above the minimum level established in this Code section. (c) In the case of any business enterprise which has increased its port traffic of products during the previous 12 month period by more than 10 percent above its base year port traffic and is qualified to claim a tax credit under Code Section 48-7-40.2, 487-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, or 48-7-40.9 upon qualified investment property added at any time on or after January 1, 1998, there shall be allowed a credit against the tax imposed under this article in an amount equal to the applicable percentage amount otherwise allowed under Code Section 48-7-40.2 or 48-7-40.7 to business enterprises for the cost of such property. The tax credit described in this subsection shall be allowed subject to the conditions and limitations set forth in Code Section 48-7-40.2 or 48-7-40.7, as applicable, except that such property may be placed in service in any county without regard to its tier designation. Such credit shall also be in lieu of and not in addition to the credit authorized under Code Sections 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9. (d) No business enterprise shall be authorized to claim the credits provided for in both subsections (b) and (c) of this Code section on a tax return for any taxable year unless such business enterprise has increased its port traffic of products during the previous 12 month period by more than 20 percent above its base year port traffic, has increased employment by 400 or more no sooner than January 1, 1998, and has purchased or acquired qualified investment property having an aggregate cost in excess of $20 million no sooner than January 1, 1998. (e) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) For every year in which a taxpayer claims the credit, the taxpayer shall attach a schedule to the taxpayer's state income tax return which shall set forth the following MONDAY, MARCH 19, 2012 2155 information, as a minimum, in addition to the information required under Code Sections 48-7-40, 48-7-40.1, and 48-7-40.2 or 48-7-40.7: (A) A description of how the base year port traffic and the increase in port traffic was determined; (B) The amount of the base year port traffic; (C) The amount of the increase in port traffic for the taxable year, including information which demonstrates an increase in port traffic in excess of the minimum amount required to claim the tax credit under this Code section; (D) Any tax credit utilized by the taxpayer in prior years; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the taxpayer in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years. (2)(A) Any tax credit claimed under subsection (b) of this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified jobs were established, provided that the increase in port traffic remains above the minimum levels established in Code Section 48-740 or 48-7-40.1 and this Code section, respectively. (B) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.2, 48-7-40.3, or 48-7-40.4 but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the qualified investment property was acquired, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (3)(A) Any tax credit claimed under subsection (c) of this Code section in lieu of Code Section 48-7-40.7, 48-7-40.8, or 48-7-40.9 shall be allowed for the ensuing ten taxable years following the taxable year the qualified investment property was first placed in service, provided that the increase in port traffic remains above the minimum level established in this Code section and the qualified investment property remains in service. (B) The tax credit established by this Code section in lieu of Code Section 48-740.2, 48-7-40.3, or 48-7-40.4 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (C) The tax credit established by this Code section in addition to that pursuant to Code Section 48-7-40 or 48-7-40.1 and taken in any one taxable year shall be limited to an amount not greater than 50 percent of the taxpayer's state income tax liability which is attributable to income derived from operations in this state for that taxable year. (D) The sale, merger, acquisition, or bankruptcy of any taxpayer shall not create new eligibility for any succeeding taxpayer, but any unused credit may be transferred and continued by any transferee of the taxpayer." 2156 JOURNAL OF THE SENATE SECTION 5. Said article is further amended by revising Code Section 48-7-40.17, relating to establishing or relocating headquarters and tax credit, as follows: "48-7-40.17. (a) As used in this Code section, the term: (1) 'Average wage' means the average wage of the county in which a new quality job is located as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. (2) 'New quality job' means employment for an individual which: (A) Is located in this state; (B) Has a regular work week of 30 hours or more; (C) Is not a job that is or was already located in Georgia regardless of which taxpayer the individual performed services for; and (D) Pays at or above 110 percent of the average wage of the county in which it is located; and (E) Has no predetermined end date. (b) A taxpayer establishing new quality jobs in this state or relocating quality jobs into this state which elects not to receive the tax credits provided for by Code Sections 48-740, 48-7-40.1, 48-7-40.2, 48-7-40.3, 48-7-40.4, 48-7-40.7, 48-7-40.8, and 48-7-40.9 for such jobs and investments created by, arising from, related to, or connected in any way with the same project and, within one year of the first date on which the taxpayer pursuant to the provisions of Code Section 48-7-101 withholds wages for employees in this state and employs at least 50 persons in new quality jobs in this state, shall be allowed a credit for taxes imposed under this article: (1) Equal to $2,500.00 annually per eligible new quality job where the job pays 110 percent or more but less than 120 percent of the average wage of the county in which the new quality job is located; (2) Equal to $3,000.00 annually per eligible new quality job where the job pays 120 percent or more but less than 150 percent of the average wage of the county in which the new quality job is located; (3) Equal to $4,000.00 annually per eligible new quality job where the job pays 150 percent or more but less than 175 percent of the average wage of the county in which the new quality job is located; (4) Equal to $4,500.00 annually per eligible new quality job where the job pays 175 percent or more but less than 200 percent of the average wage of the county in which the new quality job is located; and (5) Equal to $5,000.00 annually per eligible new quality job where the job pays 200 percent or more of the average wage of the county in which the new quality job is located; provided, however, that where the amount of such credit exceeds a taxpayer's liability for such taxes in a taxable year, the excess may be taken as a credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year the credit amounts in paragraphs (1) through (5) of this MONDAY, MARCH 19, 2012 2157 subsection for each new quality job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such taxpayer's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. For each new quality job created, the credit established by this subsection may be taken for the first taxable year in which the new quality job is created and for the four immediately succeeding taxable years; provided, however, that such new quality jobs must be created within seven years from the close of the taxable year in which the taxpayer first becomes eligible for such credit. Credit shall not be allowed during a year if the net employment increase falls below the 50 new quality jobs required. Any credit received for years prior to the year in which the net employment increase falls below the 50 new quality jobs required shall not be affected except as provided in subsection (f) of this Code section. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the 50 new quality jobs required. (c) The number of new quality jobs to which this Code section shall be applicable shall be determined by comparing the monthly average of new quality jobs subject to Georgia income tax withholding for the taxable year with the corresponding average for the prior taxable year. (d) Any credit claimed under this Code section but not used in any taxable year may be carried forward for ten years from the close of the taxable year in which the new quality jobs were established. (e) Notwithstanding Code Section 48-2-35, any tax credit claimed under this Code section shall be claimed within one year of the earlier of the date the original return was filed or the date such return was due as prescribed in subsection (a) of Code Section 487-56, including any approved extensions. (f) If the taxpayer has failed to maintain a new quality job in a taxable year, the taxpayer shall forfeit the right to the credit claimed for such job in that year. For each year such new quality job is not maintained, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. (g) Taxpayers that initially claimed the credit under this Code section for any taxable year beginning before January 1, 2009 2012, shall be governed, for purposes of all such credits claimed as well as any credits claimed in subsequent taxable years related to such initial claim, by this Code section as it was in effect for the taxable year in which the taxpayer made such initial claim. (h)(g) The state revenue commissioner shall promulgate any rules and regulations 2158 JOURNAL OF THE SENATE necessary to implement and administer this Code section." SECTION 6. Said article is further amended by revising Code Section 48-7-40.24, relating to the job tax credit for business enterprises, to read as follows: "48-7-40.24. (a) As used in this Code section, the term: (1) 'Business enterprise' means any enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization which is registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses. (2) 'Eligible full-time employee' means an individual holding a full-time employee job created by a qualified project who: (A) Possesses a valid Georgia driver's license or identification card issued by the Georgia Department of Driver Services; or (B) Submits a notarized affidavit swearing to be a United States citizen or lawfully present alien authorized to work in the United States. (3) 'Force majeure' means any: (A) Explosions, implosions, fires, conflagrations, accidents, or contamination; (B) Unusual and unforeseeable weather conditions such as floods, torrential rain, hail, tornadoes, hurricanes, lightning, or other natural calamities or acts of God; (C) Acts of war (whether or not declared), carnage, blockade, or embargo; (D) Acts of public enemy, acts or threats of terrorism or threats from terrorists, riot, public disorder, or violent demonstrations; (E) Strikes or other labor disturbances; or (F) Expropriation, requisition, confiscation, impoundment, seizure, nationalization, or compulsory acquisition of the site or sites of a qualified project or any part thereof; but such term shall not include any event or circumstance that could have been prevented, overcome, or remedied in whole or in part by the taxpayer through the exercise of reasonable diligence and due care, nor shall such term include the unavailability of funds. (4)(A) 'Full-time employee job' and 'full-time job' means mean employment of an individual which: (A)(i) Is located in this state at the site or sites of a qualified project or the facility or facilities resulting therefrom; (B)(ii) Involves a regular work week of 35 hours or more; (C)(iii) Has no predetermined end date; and (D)(iv) Pays at or above the average wage of the county with the lowest average wage in the state, as reported in the most recently available annual issue of the MONDAY, MARCH 19, 2012 2159 Georgia Employment and Wages Averages Report of the Department of Labor. (B) For purposes of this paragraph,: (i) leased Leased employees will shall be considered employees of the company using their services and such persons may be counted in determining the company's job tax credits under this Code section if their employment otherwise meets the definition of full-time job contained herein. satisfies subparagraph (A) of this paragraph; (ii) In addition, an An individual's employment shall not be deemed to have a predetermined end date solely by virtue of a mandatory retirement age set forth in a company policy of general application. The employment of any individual in a bona fide executive, administrative, or professional capacity, within the meaning of Section 13 of the federal Fair Labor Standards Act of 1938, as amended, 29 U.S.C. Section 213(a)(1), as such act existed on January 1, 2002, shall not be deemed to have a predetermined end date solely by virtue of the fact that such employment is pursuant to a fixed-term contract, provided that such contract is for a term of not less than one year.; and (iii) When there is a merger or acquisition of another company by a business enterprise whose application for a qualified project has been approved, the existing jobs in this state shall not be counted in calculating the job creation requirement necessary to qualify for the tax credit under this Code section. Only additional jobs added in this state that meet the requirements of this Code section shall be counted for purposes of calculating the job creation requirement. (5) 'Job creation requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of 1,800 eligible full-time employees. If at the close of the sixth taxable year following the withholding start date a minimum of $600 million in qualified investment property has been purchased or acquired by the business enterprise to be used with respect to a qualified project, the job creation requirement shall be extended for an additional two-year period. If at the close of the eighth taxable year following the withholding start date a minimum of $800 million in qualified investment property has been purchased or acquired by the business enterprise to be used with respect to a qualified project, the job creation requirement shall be extended for an additional four-year period. (6) 'Job maintenance requirement' means the requirement that, with respect to each year in the recapture period, the monthly average number of eligible full-time employees employed by the business enterprise, determined as prescribed by subsection (l) of this Code section, must equal or exceed 1,800. (7) 'Payroll maintenance requirement' means the requirement that, with respect to each year in the recapture period, the total annual Georgia W-2 reported payroll with respect to a qualified project must equal or exceed $150 million. (8) 'Payroll requirement' means the requirement that no later than the close of the sixth taxable year following the withholding start date, the business enterprise will have a minimum of $150 million in total annual Georgia W-2 reported payroll with 2160 JOURNAL OF THE SENATE respect to a qualified project. (9) 'Qualified investment property' means all real and personal property purchased or acquired by a taxpayer for use in a qualified project, including, but not limited to, amounts expended on land acquisition, improvements, buildings, building improvements, and any personal property to be used in the facility or facilities. (10) 'Qualified investment property requirement' means the requirement that by the close of the sixth taxable year following the withholding start date, a minimum of $450 million in qualified investment property will have been purchased or acquired by the business enterprise to be used with respect to a qualified project. (11) 'Qualified project' means a project which meets the job creation requirement and either the payroll requirement or qualified investment property requirement. If the taxpayer selects the qualified investment property requirement as one of the conditions for its project, the property shall involve the construction of one or more new facilities in this state or the expansion of one or more existing facilities in this state. For purposes of this paragraph, the term 'facilities' means all facilities comprising a single project, including noncontiguous parcels of land, improvements to such land, buildings, building improvements, and any personal property that is used in the facility or facilities. (12) 'Recapture period' means the period of five consecutive taxable years that commences after the first taxable year in which a business enterprise has satisfied the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer. (13) 'Withholding start date' means the date on which the business enterprise begins to withhold Georgia income tax from the wages of its employees located at the site or sites of a qualified project. (b) A business enterprise that is planning a qualified project shall be allowed to take the job tax credit provided by this Code section under the following conditions: (1) An application is filed with the commissioner that: (A) Describes the qualified project to be undertaken by the business enterprise, including when such project will commence and the expected withholding start date; (B) Certifies that such project will meet the job creation requirement and either the payroll requirement or the qualified investment property requirement prescribed by this Code section; and (C) Certifies that during the recapture period applicable to such project the business enterprise will meet the job maintenance requirement and, if applicable, the payroll maintenance requirement prescribed by this Code section; (2) Following the commissioner's referral of the application to a panel composed of the commissioner of community affairs, the commissioner of economic development, and the director of the Office of Planning and Budget, said the panel, after reviewing the application, certifies that the new or expanded facility or facilities will have a significant beneficial economic effect on the region for which they are planned. The panel shall make its determination within 30 days after receipt from the commissioner MONDAY, MARCH 19, 2012 2161 of the taxpayer's application and any necessary supporting documentation. Although the panel's certification may be based upon other criteria, a project that meets the minimum job creation requirement and either the payroll requirement or qualified investment property requirement, as applicable, specified in paragraph (1) of this subsection will have a significant beneficial economic effect on the region for which it is planned if one of the following additional criteria is met: (A) The project will create new full-time employee jobs with average wages that are, as determined by the Department of Labor, for all jobs for the county in question: (i) Twenty percent above such average wage for projects located in tier 1 counties; (ii) Ten percent above such average wage for projects located in tier 2 counties; or (iii) Five percent above such average wage for projects located in tier 3 or tier 4 counties; or (B) The project demonstrates high growth potential based upon the prior year's Georgia net taxable income growth of over 20 percent from the previous year, if the taxpayer's Georgia net taxable income in each of the two preceding years also grew by 20 percent or more. (c) Any lease for a period of five years or longer of any real or personal property used in a new or expanded facility or facilities which would otherwise constitute qualified investment property shall be treated as the purchase or acquisition thereof by the lessee. The taxpayer may treat the full value of the leased property as qualified investment property in the year in which the lease becomes binding on the lessor and the taxpayer. (d) A business enterprise whose application is approved shall be allowed a tax credit for taxes imposed under this article equal to $5,250.00 annually per new eligible fulltime employee job for five years beginning with the year in which such job is created through year five after such creation; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103. The taxpayer may file an election with the commissioner to take such credit against quarterly or monthly payments under Code Section 48-7-103 that become due before the due date of the income tax return on which such credit may be claimed. In the event of such an election, the commissioner shall confirm with the taxpayer a date, which shall not be later than 30 days after receipt of the taxpayer's election, when the taxpayer may begin to take the credit against such quarterly or monthly payments. For any one taxable year the amounts taken as a credit against taxes imposed under this article and against the business enterprise's quarterly or monthly payments under Code Section 48-7-103 may not in the aggregate exceed $5,250.00 per eligible full-time employee job. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive a credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit 2162 JOURNAL OF THE SENATE provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the taxpayer. To qualify for a credit under this subsection, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this subsection shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this subsection if such employer does not pay for all or any part of health insurance coverage for other employees. (e) The number of new full-time jobs to which this Code section shall be applicable shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period for the prior taxable year. (f) The Subject to the requirements of division (a)(4)(B)(iii) of this Code section, the sale, merger, acquisition, or bankruptcy of any business enterprise shall not create new eligibility in any succeeding business entity, but any unused job tax credit may be transferred and continued by any transferee of the business enterprise. (g) To qualify for the credit provided by this Code section, a new full-time job must be created by the close of the seventh taxable year following the business enterprise's withholding start date, unless the purchase or acquisition of qualified investment property is made as provided in paragraph (5) of subsection (a) of this Code section, in which case a new full-time job must be created by the close of the eighth taxable year following the business enterprise's withholding start date based on a $600 million qualified investment or the end of the tenth taxable year based on an $800 million qualified investment. In no event may a credit be claimed under this Code section for more than 3,300 new full-time employee jobs created by any one project; provided, however, that the taxpayer may claim the credits provided by Code Sections 48-7-40 and 48-7-40.1 for any such additional jobs if the taxpayer meets the terms and conditions thereof. (h) Any credit claimed under this Code section but not fully used in the manner prescribed in subsection (d) of this Code section may be carried forward for ten years from the close of the taxable year in which the qualified job was established. (i) Except as provided in subsection (g) of this Code section, a taxpayer who is entitled to and takes credits provided by this Code section for a qualified project shall not be allowed to take any of the credits authorized by Code Section 48-7-40, 48-7-40.1, 48-740.2, 48-7-40.3, 48-7-40.4, 48-7-40.6, 48-7-40.7, 48-7-40.8, 48-7-40.9, 48-7-40.10, 487-40.11, 48-7-40.15, 48-7-40.17, or 48-7-40.18 for jobs, investments, child care, or ground-water usage shifts created by, arising from, related to, or connected in any way with the same project. Provided such taxpayer otherwise qualifies, such taxpayer may take any credit authorized by Code Section 48-7-40.5 for the costs of retraining an employee located at the site or sites of such project or the facility or facilities resulting therefrom, but only for costs incurred more than five years after the date the facility or facilities first become operational. MONDAY, MARCH 19, 2012 2163 (j) Except under those circumstances described in subsection (k) of this Code section, the taxpayer shall, not more than 60 days after the close of the sixth taxable year following its withholding start date, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to determine whether the taxpayer has met the job creation requirement and either the payroll requirement or the qualified investment property requirement, as selected by the taxpayer, for such project. If the taxpayer has failed to meet any applicable job creation, payroll, or qualified investment property requirement, the taxpayer will shall forfeit the right to claim any credits provided by this Code section for such project. A taxpayer that forfeits the right to claim such credits is liable for all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification from the commissioner that any applicable job creation, payroll, or qualified investment property requirement was not met, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein by Code Section 48-2-40. On such amended returns the taxpayer may claim any credit to which it would have been entitled under this article but for having taken the credit provided by this Code section. (k) If the recapture period applicable to a qualified project begins with or before the sixth taxable year following the taxpayer's withholding start date, or with or before the eighth taxable year following the taxpayer's withholding start date if the project falls within the $600 million in qualified investment property category, or within the tenth taxable year following the taxpayer's withholding start date if the project falls within the $800 million in qualified investment property category, the taxpayer shall, not later than 60 days after the close of the taxable year immediately preceding the recapture period, file a report with the commissioner concerning the number of eligible full-time employee jobs created by such project; the wages of such jobs; the qualified investment property purchased or acquired by the taxpayer for the project; and any other information that the commissioner may reasonably require in order to verify that the taxpayer met the job creation requirement and either the payroll requirement or the qualified investment property requirement in such preceding year. (l) Not more than 60 days after the close of each taxable year within the recapture period, the taxpayer shall file a report, using such form and providing such information as the commissioner may reasonably require, concerning whether it met the job maintenance requirement and, if applicable, the payroll maintenance requirement for such year. For purposes of this subsection, whether such job maintenance requirement has been satisfied shall be determined by comparing the monthly average number of eligible full-time employees subject to Georgia income tax withholding for the taxable 2164 JOURNAL OF THE SENATE year with 1,800. For purposes of this subsection, whether such payroll maintenance requirement has been satisfied shall be determined by comparing the total annual Georgia W-2 reported payroll with respect to a qualified project for the taxable year with $150 million. If the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer will shall forfeit the right to 20 percent of all credits provided by this Code section for such project. A taxpayer that forfeits such right is liable for 20 percent of all past taxes imposed by this article and all past payments under Code Section 48-7-103 that were foregone by the state as a result of the credits provided by this Code section, plus interest at the rate established by Code Section 48-2-40 computed from the date such taxes or payments would have been due if the credits had not been taken. No later than 90 days after notification by the commissioner that the taxpayer has failed to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, the taxpayer shall file amended income tax and withholding tax returns for all affected periods that recalculate those liabilities without regard to the forfeited credits and shall pay any additional amounts shown on such returns, with interest as provided herein by Code Section 48-2-40. (m) A taxpayer who that fails to meet the job maintenance requirement or payroll maintenance requirement, or both, for any taxable year within the recapture period because of force majeure may petition the commissioner for relief from such requirement. Such a petition must be made with and at the same time as the report required by subsection (l) of this Code section. If the commissioner determines that force majeure materially affected the taxpayer's ability to meet the job maintenance requirement or payroll maintenance requirement, or both, for such year, but that the portion of the year so affected was six months or less, for purposes of the job maintenance requirement the commissioner shall calculate the taxpayer's monthly average number of eligible full-time employees for purposes of subsection (l) of this Code section by disregarding the affected months and for purposes of the payroll maintenance requirement the commissioner shall annualize the total Georgia W-2 reported payroll with respect to a qualified project for the portion of the year not so affected. If the commissioner determines that the affected portion of the year was more than six months, the taxable year shall be disregarded in its entirety for purposes of the job maintenance requirement or payroll maintenance requirement, or both, and the recapture period applicable to the qualified project shall be extended for an additional year. (n) Unless more time is allowed therefor by Code Section 48-7-82 or 48-2-49, the commissioner may make any assessment attributable to the forfeiture of credits claimed under this Code section for the periods covered by any amended returns filed by a taxpayer pursuant to subsection (j) or (l) of this Code section within one year from the date such returns are filed. If the taxpayer fails to file the reports or any amended return required by subsection (j) or (l) of this Code Section, the commissioner may assess additional tax or other amounts attributable to the forfeiture of credits claimed under this Code section at any time. MONDAY, MARCH 19, 2012 2165 (o) Projects certified by the panel pursuant to paragraph (2) of subsection (b) of this Code section before January 1, 2009, shall be governed by this Code section as it was in effect for the taxable year the project was certified. (p) The commissioner shall promulgate any rules and regulations necessary to implement and administer this Code section." SECTION 7. (a) 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, 2012. (b) Tax, penalty, and interest liabilities and refund eligibility for prior taxable years shall not be affected by the passage of this Act and shall continue to be governed by the provisions of general law as it existed immediately prior to January 1, 2012. (c) This Act 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 8. All laws and parts of laws in conflict with this Act are repealed. Senators Bethel of the 54th, Chance of the 16th, Miller of the 49th and Jackson of the 24th offered the following amendment #1: Amend the substitute to HB 868 (LC 34 3453S) by deleting "provide for" and inserting in lieu thereof "clarify" on line 9. By inserting "and the credit calculation" at the end of line 578. By inserting "and the credit calculation" before the period at the end of line 581. By inserting "after the sixth taxable year following the withholding start date" before the period at the end of line 592. By deleting "3,300" and inserting in lieu thereof "3,300 4,500" on line 708. On the adoption of the amendment, there were no objections, and the Bethel, et al. amendment #1 to the committee substitute was adopted. Senators Stoner of the 6th and Carter of the 42nd offered the following amendment #2: Amend the Senate Economic Development Committee substitute to HB 868 (LC 34 3453S) by inserting on line 1 after "To amend" the following: Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the 2166 JOURNAL OF THE SENATE contents and form of the budget report, so as to require certain items to be included in the tax expenditure review; to amend By inserting between lines 14 and 15 the following: SECTION 1. Code Section 45-12-75 of the Official Code of Georgia Annotated, relating to the contents and form of the budget report, is amended by revising paragraph (8) as follows: "(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 forgone 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 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 review may also include a regularly produced annex to include analysis of specific tax expenditures. Such analysis would include, when possible: a description of the objective of the tax expenditure taken from original legislation; information relevant to determining whether the expenditure is meeting its stated purpose; an analysis of the tax expenditure's effect on the administration of the tax system; and an analysis of the persons, corporations, or other entities that are directly benefited by the expenditure. 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 the University System of Georgia; and" By redesignating original Sections 1 through 8 as Sections 2 through 9, respectively. Senator Staton of the 18th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Stoner, Carter of the 42nd amendment #2 to the committee substitute not germane. MONDAY, MARCH 19, 2012 2167 Senators Carter of the 42nd and Stoner of the 6th offered the following amendment #3: Amend the Senate Economic Development Committee substitute to HB 868 (LC 34 3453S) by striking lines 67 through 168 and inserting in lieu thereof the following: "(e)(1) Business enterprises in counties designated by the commissioner of community affairs as tier 1 counties shall be allowed a tax credit for taxes imposed under this article equal to $3,500.00 annually per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years; provided, however, that where the amount of such credit exceeds a business enterprise's liability for such taxes in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $3,500.00 $3,750.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. Business enterprises in counties designated by the commissioner of community affairs as tier 2 counties shall be allowed a job tax credit for taxes imposed under this article equal to $2,500.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 3 and tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $1,250.00 $2,000.00 annually, and business enterprises in counties designated by the commissioner of community affairs as tier 4 counties shall be allowed a job tax credit for taxes imposed under this article equal to $750.00 annually for each new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years. Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 2 county and where the amount of the credit provided in this paragraph exceeds such business enterprise's liability for taxes imposed under this article in a taxable year, the excess may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,750.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. or where Where a business enterprise is engaged in a competitive project located in a county designated by the commissioner of community affairs as a tier 3 or tier 4 county and where the amount of the credit provided in this paragraph exceeds 50 percent of such business enterprise's liability for taxes imposed under this article in a taxable year, the excess 2168 JOURNAL OF THE SENATE may be taken as a credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 but not to exceed in any one taxable year $2,500.00 $2,250.00 for each new full-time employee job when aggregated with the credit applied against taxes under this article. Each employee whose employer receives credit against such business enterprise's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this paragraph. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this paragraph shall not constitute income to the taxpayer. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those business enterprises that increase employment by five two or more shall be eligible for the credit. In tier 2, 3, and 4 counties, only those business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time employee job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. In any year in which the net employment increase falls below the number required in such tier, the taxpayer shall forfeit the right to the credit claimed for that taxable year. For the year that the net employment increase falls below the number required in such tier, a taxpayer that forfeits such right is therefore liable for all past taxes imposed by this article for that taxable year and all past payments under Code Section 48-7-103 for that taxable year that were foregone by the state as a result of the credits provided by this Code section; provided, however, that Code Section 48-2-40 shall not apply to any such forfeiture. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. (2) Existing business enterprises that are eligible for the credit established under paragraph (1) of this subsection shall be allowed an additional tax credit for taxes MONDAY, MARCH 19, 2012 2169 imposed under this article equal to $500.00 $250.00 per eligible new full-time employee job the first year in which the new full-time employee job is created. The additional credit shall be claimed in the first taxable year in which the new full-time employee job is created for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. In tier 1 counties, those existing business enterprises that increase employment by five or more shall be eligible for the credit. In tier 2 counties, only those existing business enterprises that increase employment by ten or more shall be eligible for the credit. In tier 3 counties, only those existing business enterprises that increase employment by 15 or more shall be eligible for the credit. In tier 4 counties, only those existing business enterprises that increase employment by 25 or more shall be eligible for the credit. The average wage of the new jobs created must be above the average wage of the county that has the lowest average wage of any county in the state to qualify as reported in the most recently available annual issue of the Georgia Employment and Wages Averages Report of the Department of Labor. To qualify for a credit under this paragraph, the employer must make health insurance coverage available to the employee filling the new full-time job; provided, however, that nothing in this paragraph shall be construed to require the employer to pay for all or any part of health insurance coverage for such an employee in order to claim the credit provided for in this paragraph if such employer does not pay for all or any part of health insurance coverage for other employees. Credit shall not be allowed during a year if the net employment increase falls below the number required in such tier. Any credit generated and utilized for years prior to the year in which the net employment increase falls below the number required in such tier shall not be affected. The state revenue commissioner shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of the number required in such tier. This paragraph shall apply only to new eligible full-time jobs created in taxable years beginning on or after January 1, 2006, and ending no later than taxable years beginning prior to January 1, 2011. By inserting after "credit." on line 176 the following: An existing business enterprise shall also be allowed the additional amount provided in paragraph (2) of subsection (e) of this Code section for new full-time employee jobs created during years two through five. By inserting "(1)" on line 223 after "(e)". By striking line 231 and inserting in lieu thereof the following: $3,500.00 $3,750.00 for each new full-time employee job when aggregated with the credit applied 2170 JOURNAL OF THE SENATE By inserting between lines 266 and 267 the following: (2) Existing business enterprises that are eligible for the credit established under paragraph (1) of this subsection shall be allowed an additional tax credit for taxes imposed under this article equal to $250.00 per eligible new full-time employee job for five years beginning with the first taxable year in which the new full-time employee job is created and for the four immediately succeeding taxable years. The number of new full-time employee jobs shall be determined by comparing the monthly average number of full-time employees subject to Georgia income tax withholding for the taxable year with the corresponding period of the prior taxable year. By inserting after "credit." on line 274 the following: An existing business enterprise shall also be allowed the additional amount provided in paragraph (2) of subsection (e) of this Code section for new full-time employee jobs created during years two through five. By striking line 458 and inserting in lieu thereof the following: employs at least 50 15 persons in new quality jobs in this state, shall be allowed a credit for By striking line 491 and inserting in lieu thereof the following: shall not be allowed during a year if the net employment increase falls below the 50 15 new By striking line 493 and inserting in lieu thereof the following: employment increase falls below the 50 15 new quality jobs required shall not be affected By striking line 495 and inserting in lieu thereof the following: shall adjust the credit allowed each year for net new employment fluctuations above the 50 15 Senator Carter of the 42nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Carter of the 42nd, Stoner amendment #3 to the committee substitute was withdrawn. Senators Carter of the 42nd and Stoner of the 6th offered the following amendment #4: Amend committee substitute to HB 868 by at lines 458, 491, 493, and 495 deleting the word "50" and replacing it with "15." On the adoption of the amendment, the President asked unanimous consent. MONDAY, MARCH 19, 2012 2171 Senator Bethel of the 54th objected. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 21, nays 33, and the Carter of the 42nd, Stoner amendment #4 to the committee substitute was lost. Senators Carter of the 42nd and Stoner of the 6th offered the following amendment #5: Amend committee substitute HB 868 by at line 114, after the words "tier 2" inserting "3, and 4" and by striking the language beginning on line 56 "in tier 3 counties...." and ending with the world "labor" on line 62. And at line 147 by adding after the words "tier 2" inserting "3, and 4" And by striking all the language beginning with the word "In" on line 148 and ending with the word "labor" on line 155. 2172 JOURNAL OF THE SENATE On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L N James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 20, nays 35, and the Carter of the 42nd, Stoner amendment #5 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer Y Sims Y Staton Y Stone MONDAY, MARCH 19, 2012 2173 Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 43, nays 13. HB 868, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Ed Harbison District 15 432 State Capitol Atlanta, GA 30334 Committees: Veterans, Military and Homeland Security Regulated Industries and Utilities Banking and Financial Institutions Interstate Cooperation Reapportionment and Redistricting Insurance and Labor The State Senate Atlanta, Georgia 30334 March 19, 2012 Honorable Bob Ewing Secretary of Senate 353 State Capitol Atlanta, Georgia 30334 Dear Mr. Secretary, I wish my vote to be recorded as yes on HB 868 which was cast incorrectly today. Sincerely, /s/ Ed Harbison Senator, 15th District 2174 JOURNAL OF THE SENATE HR 1162. By Representatives Jones of the 46th, Coleman of the 97th, Lindsey of the 54th, Kaiser of the 59th, Morgan of the 39th and others: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to clarify the authority of the state to establish state-wide education policy; to restate the authority of the General Assembly to establish special schools; to provide that special schools include state charter schools; 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 VIII, Section I of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation, and the General Assembly may by general law provide for the establishment of education policies for such public education. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law." SECTION 2. Article VIII, Section V of the Constitution is amended by revising Paragraph I as follows: "Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits; provided, however, that the authority provided for in this paragraph shall not diminish any authority of the General Assembly otherwise granted under this article, including the authority to establish special schools as provided for in Article VIII, Section V, Paragraph VII. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established." MONDAY, MARCH 19, 2012 2175 SECTION 3. Article VIII, Section V of the Constitution is amended by revising Paragraph VII as follows: "Paragraph VII. Special schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of the local board of education and a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. Special schools may include state charter schools; provided, however, that special schools shall only be public schools. A state charter school under this section shall mean a public school that operates under the terms of a charter between the State Board of Education and a charter petitioner; provided, however, that such state charter schools shall not include private, sectarian, religious, or for profit schools or private educational institutions; provided, further, that this Paragraph shall not be construed to prohibit a local board of education from establishing a local charter school pursuant to Article VIII, Section V, Paragraph I. The state is authorized to expend state funds for the support and maintenance of special schools in such amount and manner as may be provided by law; provided, however, no deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to general law as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside within the geographic boundaries of the local school system. (b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983." SECTION 4. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to allow state or local ( ) NO approval of public charter schools upon the request of local communities?" 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. 2176 JOURNAL OF THE SENATE Senators Henson of the 41st, Fort of the 39th and Carter of the 42nd offered the following amendment #1: Amend HR 1162 (HR 1162/CSFA) by deleting lines 62 and 63 and inserting in lieu thereof the following: "( ) YES Shall the Constitution of Georgia be amended so as to allow the state to ( ) NO charter special charter schools?" On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th 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: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson N Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C N Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 18, nays 38, and the Henson, et al. amendment #1 was lost. Senators Butler of the 55th and Henson of the 41st offered the following amendment #2: Amend HR 1162 (HR 1162/CSFA) by inserting between lines 54 and 55 the following: (b) Under no circumstance shall any special school chartered by the state under this MONDAY, MARCH 19, 2012 2177 Paragraph be owned or managed by a for profit company. By substituting "(b)(c)" for "(b)" on line 55. 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: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick Y Harbison N Heath Y Henson N Hill, Jack N Hill, Judson N Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C N Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 18, nays 38, and the Butler, Henson amendment #2 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 proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims 2178 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 40, nays 16. HR 1162, having received the requisite two-thirds constitutional majority, was adopted. Senator Miller of the 49th moved that HB 868 be immediately transmitted to the House. On the motion, there was no objection, and HB 868 was immediately transmitted. The following communication was received by the Secretary: The following Minority Report on HB 954 was filed with the Secretary: Senate Democratic Caucus Minority Report Meeting of the Health and Human Services Committee March 19, 2012 As a member of the Health and Human Services Committee, pursuant to Senate Rule 26.1 (a), we, Senators Steve Henson, Lester Jackson, Nan Orrock, Miriam Paris, and Horacena Tate, submit this Minority Report on behalf of the Senate Democratic Caucus. XX. Parliamentary Concerns during Committee Hearing Parliamentary procedures were not properly followed during the Health and Human Services Committee hearing on HB 954 on March 19, 2012. Democratic members of the committee offered five amendments to HB 954, the first of which was defeated by a very narrow margin following a roll-call vote (six votes were cast in favor of the amendment; seven votes were cast in opposition). While two subsequent voice votes MONDAY, MARCH 19, 2012 2179 on other amendments also sounded to be close, requests of the Chair for additional roll-call votes were ignored. During voting on the bill, Senator Tommie Williams was allowed to ask a question of a non-committee member, Representative Doug McKillip. When committee member Senator Steve Henson wanted to ask a question of a non-member physician who had testified before the committee during this hearing, he was arbitrarily refused that opportunity. Lastly, two Democrats on the committee Senators Lester Jackson and Nan Orrock made motions to table HB 954 prior to the vote on the bill itself. These motions should have taken precedence over the vote on the bill, but the committee chair refused to hear these motions. Requests for reconsideration were ignored, with the committee chair claiming that since the committee had heard testimony on the bill there would be a vote on the bill. XXI. HB 954 HB 954 would ban most abortions after 20 weeks, even for high-risk pregnancies, or in the case of rape or incest. SB 954 would impose criminal sanctions, including imprisonment, on physicians performing such abortions. XXII. Unconstitutional The U. S. Constitution prohibits a state from enacting a law that bans abortion prior to the point in pregnancy when a fetus is viable--that is, has a realistic potential for longterm survival outside of the uterus.1 Even if a state wishes to prohibit abortion past the point of viability, there must be an exception provided for when abortion is necessary to preserve the life or health of the woman.2 The Supreme Court has explicitly stated that mental health is a facet of health in this context, and has consistently rejected overly narrow health exceptions.3 XXIII. Dangerous for Women Even if HB 954 were to be considered a post-viability abortion ban, it would still be inappropriate because it does not contain adequate exceptions for women's health. Physical Health Concerns Medically necessary abortions past the arbitrary line of 20 weeks would only be allowed if the woman's life was threatened by letting the pregnancy continue, or there would be other irreversible physical impairment of a major bodily function. This 2180 JOURNAL OF THE SENATE physical health exception is far too narrow. Women may need abortions for many health reasons which would not certainly entail irreversible physical impairment, such as receiving necessary treatment for high blood pressure or cancer. Emotional Health Concerns Forcing a woman to deliver a stillborn baby or baby that will otherwise not survive outside of the womb is cruel to the woman and is of no benefit whatsoever to a fetus. Also, not allowing an exception in the case of rape or incest may leave lasting emotional scars on a woman, which may not be considered even if that woman may take her own life due to these scars. XXIV. Bad for Georgia Doctors By criminalizing abortions past the arbitrary 20-week line, HB 954 may dissuade OB/GYNs from taking on high-risk pregnancies. Doctors who fail to provide a probable gestational age for a fetus during an abortion procedure also face one to ten years imprisonment. These criminal sanctions, clearly meant as deterrents to performing any abortion procedures, will also damage relationships between women and their doctors by disallowing doctors from considering their patients' wellbeing if the pregnancy is continued, even if continuing the pregnancy would result in the patient committing suicide. Also, the reporting and public disclosure requirements would subject doctors to not only to another unnecessary layer of bureaucracy, but unwelcome scrutiny from political extremists. It is not our role to legislate the practice of medicine, nor is it right to drive a wedge between doctors and patients. Respectfully Submitted, /s/ Senator Steve Henson, Democratic Leader /s/ Senator Lester Jackson /s/ Senator Nan Orrock /s/ Senator Miriam Paris /s/ Senator Horacena Tate ___________________________________________________________________________________ 1 Planned Parenthood v. Casey, 505 U.S. 833 (1992) 2 Roe v. Wade, 410 U.S. 113 (1973) 3 Mental health, Planned Parenthood v. Casey, 505 U.S. 882 (1992). ___________________________________________________________________________________ Senator Rogers of the 21st moved that the Senate adjourn until 11:30 a.m. Tuesday, March 20, 2012. The motion prevailed, and the President announced the Senate adjourned at 4:00 p.m. TUESDAY, MARCH 20, 2012 2181 Senate Chamber, Atlanta, Georgia Tuesday, March 20, 2012 Thirty-fifth Legislative Day The Senate met pursuant to adjournment at 11:30 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1239. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3802), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1240. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Tattnall County, approved August 8, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3916), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3833), so as to change the description of the commissioner districts; to 2182 JOURNAL OF THE SENATE define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1242. By Representatives Rogers of the 26th, Dunahoo of the 25th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4941), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1243. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), and an Act approved May 11, 2009 (Ga. L. 2009, p. 4304), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1244. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wilkerson of the 33rd, Johnson of the 37th, Manning of the 32nd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), and as amended by an Act approved April 20, 2011 (Ga. L. 2011, p. 3645), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. HB 1245. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and TUESDAY, MARCH 20, 2012 2183 duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1248. By Representatives Bryant of the 160th and Purcell of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Garden City 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; 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 1249. By Representative Reece of the 11th: A BILL to be entitled an Act to provide a new charter for the Town of Lyerly; 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 effective dates; to repeal conflicting laws; and for other purposes. HB 1250. By Representatives Meadows of the 5th and Dickson of the 6th: A BILL to be entitled an Act to amend an Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), so as to create the Murray County Board of Elections and Registration; to change the manner of selection of members of the board of elections and registration; to provide for certain qualifications for members of the board; to provide for the certification of appointments; to provide for filling of vacancies; to provide for oaths of office; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1251. By Representative Pruett of the 144th: A BILL to be entitled an Act to provide for the membership of the Dodge County - Eastman Development Authority; to provide a statement of 2184 JOURNAL OF THE SENATE authority; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. HB 1252. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4294), so as to change the method of appointing the members of the authority; to repeal conflicting laws; to provide for an effective date; and for other purposes. HB 1253. By Representatives Smith of the 168th, Sims of the 169th and Roberts of the 154th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3902), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1254. By Representatives Smith of the 168th, Sims of the 169th and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: TUESDAY, MARCH 20, 2012 2185 SB 358. By Senators Bulloch of the 11th, Rogers of the 21st, Williams of the 19th, Hill of the 4th, Golden of the 8th and others: A BILL to be entitled an Act to amend Code Section 50-5-60 of the Official Code of Georgia Annotated, relating to preference to supplies, equipment, materials, and agricultural products produced in Georgia, so as to require this state to reciprocate the preferences granted by out-of-state local governments for vendors within their own states when giving preference to resident vendors of this state; to repeal conflicting laws; and for other purposes. SB 477. By Senators Sims of the 12th, Stoner of the 6th, Henson of the 41st and Hooks of the 14th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Baker County and provide for its powers and duties, approved May 6, 2009 (Ga. L. 2009, p. 3716), so as to reconstitute and change the composition of the board and the selection and appointment of its members; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective date; to repeal conflicting laws; and for other purposes. SB 495. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend an Act reincorporating and recreating the City of Woodstock, approved April 17, 1975 (Ga. L. 1975, p. 4160), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4472), so as to change the corporate limits of the city; 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 390. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to the certification of seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to repeal conflicting laws; and for other purposes. 2186 JOURNAL OF THE SENATE The House has adopted by the requisite constitutional majority the following Resolution of the Senate: SR 765. By Senators Carter of the 1st, Grant of the 25th, Jeffares of the 17th and Williams of the 19th: A RESOLUTION authorizing the change of use of certain properties located in Bryan and Butts counties currently dedicated as a heritage preserve; authorizing the granting of nonexclusive easements for the construction, operation, and maintenance of facilities, utilities, and ingress and egress in, on, over, upon, across, or through certain state owned real property located in Bryan, Butts, and Liberty counties; 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 530. By Senator Jeffares of the 17th: A BILL to be entitled an Act to provide a new charter for the City of Mansfield; 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 definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 531. By Senator McKoon of the 29th: A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), so as to provide that future elections for the judge of such court shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, MARCH 20, 2012 2187 SB 532. By Senators Millar of the 40th, Carter of the 42nd, Thompson of the 5th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; 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 533. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1188. By Senators Shafer of the 48th and Ginn of the 47th: A RESOLUTION creating the Senate Technology in Tax Collection Study Committee; and for other purposes. Referred to the Finance Committee. SR 1211. By Senator Unterman of the 45th: A RESOLUTION urging the Department of Transportation to seek out alternative options to alleviate motor vehicle congestion throughout Metro Atlanta; and for other purposes. Referred to the Transportation Committee. The following House legislation was read the first time and referred to committee: HB 1239. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Tattnall County, approved February 29, 2188 JOURNAL OF THE SENATE 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3802), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1240. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Tattnall County, approved August 8, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3916), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3833), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1242. By Representatives Rogers of the 26th, Dunahoo of the 25th, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4941), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, MARCH 20, 2012 2189 HB 1243. By Representative Dutton of the 166th: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), and an Act approved May 11, 2009 (Ga. L. 2009, p. 4304), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1244. By Representatives Setzler of the 35th, Ehrhart of the 36th, Wilkerson of the 33rd, Johnson of the 37th, Manning of the 32nd and others: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), and as amended by an Act approved April 20, 2011 (Ga. L. 2011, p. 3645), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1245. By Representatives Powell of the 29th and Harden of the 28th: A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1248. By Representatives Bryant of the 160th and Purcell of the 159th: A BILL to be entitled an Act to provide for a homestead exemption from City of Garden City 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; 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. 2190 JOURNAL OF THE SENATE HB 1249. By Representative Reece of the 11th: A BILL to be entitled an Act to provide a new charter for the Town of Lyerly; 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 effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1250. By Representatives Meadows of the 5th and Dickson of the 6th: A BILL to be entitled an Act to amend an Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), so as to create the Murray County Board of Elections and Registration; to change the manner of selection of members of the board of elections and registration; to provide for certain qualifications for members of the board; to provide for the certification of appointments; to provide for filling of vacancies; to provide for oaths 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 1251. By Representative Pruett of the 144th: A BILL to be entitled an Act to provide for the membership of the Dodge County - Eastman Development Authority; to provide a statement of authority; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1252. By Representative Pruett of the 144th: A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 4294), so as to change the method of appointing the members of the authority; to repeal conflicting laws; to provide for an effective date; and for other purposes. Referred to the State and Local Governmental Operations Committee. TUESDAY, MARCH 20, 2012 2191 HB 1253. By Representatives Smith of the 168th, Sims of the 169th and Roberts of the 154th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3902), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1254. By Representatives Smith of the 168th, Sims of the 169th and Roberts of the 154th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 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 456 Do Pass by substitute HB 742 Do Pass by substitute HR 1161 Do Pass HB 535 Do Pass HR 1160 Do Pass Respectfully submitted, Senator Hill of the 4th District, Chairman 2192 JOURNAL OF THE SENATE 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 898 HB 945 HB 946 Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Murphy of the 27th 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 634 Do Pass by substitute HB 1071 Do Pass by substitute HB 932 Do Pass HB 1165 Do Pass by substitute Respectfully submitted, Senator Heath of the 31st 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 954 Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 100 HB 397 HB 997 Do Pass by substitute Do Pass by substitute Do Pass HB 272 Do Pass by substitute HB 744 Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman TUESDAY, MARCH 20, 2012 2193 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 684 Do Pass by substitute HB 875 Do Pass Respectfully submitted, Senator Tolleson of the 20th District, Chairman Mr. President: The State and Local Governmental Operations Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 962 HB 1151 HB 1196 HB 1215 HB 1217 SB 523 SB 526 Do Pass by substitute Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 1150 HB 1171 HB 1213 HB 1216 SB 462 SB 525 Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following legislation was read the second time: HB 215 HB 811 HB 916 HB 1178 HB 472 HB 817 HB 955 HB 548 HB 824 HB 985 HB 769 HB 835 HB 986 HB 786 HB 871 HB 1115 HB 795 HB 880 HB 1132 The following Senators were excused for business outside the Senate Chamber: Fort of the 39th Thompson of the 33rd Ramsey, Sr. of the 43rd Tate of the 38th Tolleson of the 20th Senator Chance of the 16th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. 2194 JOURNAL OF THE SENATE Senator Wilkinson of the 50th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Jackson of the 2nd asked unanimous consent that Senator Paris of the 26th be excused. The consent was granted, and Senator Paris was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Ginn Goggans Golden Gooch Grant Hamrick Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Seay Shafer Sims Staton Stone Stoner Thompson, C Unterman Wilkinson Williams Not answering were Senators: Fort (Excused) Rogers (Excused) Tippins (Excused) Paris (Excused) Tate (Excused) Tolleson (Excused) Ramsey (Excused) Thompson, S. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Carter of the 1st introduced the chaplain of the day, Reverend Kenny Grant of Savannah, Georgia, who offered scripture reading and prayer. Senator Hill of the 4th recognized Ms. Lorette A. Sibilly on the grand occasion of her retirement, commended by SR 1152, adopted previously. Ms. Lorette A. Sibilly addressed the Senate briefly. Senator Henson of the 41st introduced the doctor of the day, Dr. Mark W. Johnson. TUESDAY, MARCH 20, 2012 2195 Senator Staton of the 18th recognized Dr. Joe Sam Robinson, Jr., commended by SR 1160, adopted previously. Dr. Joe Sam Robinson, Jr. addressed the Senate briefly. Senator Millar of the 40th recognized the first week of October, 2012, as Georgia Pre-K Week at the capitol, commended by SR 1176, adopted previously. Eric Litwin, author of "Pete the Cat", addressed the Senate briefly. Senator Mullis of the 53rd recognized the Lakeview Ft. Oglethorpe High School Academic Decathlon Team, commended by SR 1165, adopted previously. Coach Lisa Beck addressed the Senate briefly. The following resolution was read and adopted: SR 1208. By Senator Williams of the 19th: A RESOLUTION recognizing the Boys and Girls Clubs of Georgia and commending the Boys and Girls Clubs of Georgia's 2012 Youth of the Year, Chantil Coleman; and for other purposes. Senator Williams of the 19th recognized the Boys and Girls Clubs of Georgia and commending the Boys and Girls Clubs of Georgia's 2012 Youth of the Year, Chantil Coleman, commended by SR 1208. Chantil Coleman, Georgia's 2012 Youth of the Year addressed the Senate briefly. The following resolutions were read and adopted: SR 1181. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Georgia Women of Achievement and 2012 honoree Ms. Beulah Rucker Oliver; and for other purposes. SR 1182. By Senator Grant of the 25th: A RESOLUTION recognizing and commending Maya Mapp; and for other purposes. SR 1183. By Senator Ginn of the 47th: A RESOLUTION recognizing and commending Corey Bond; and for other purposes. 2196 JOURNAL OF THE SENATE SR 1184. By Senators Jones of the 10th, Henson of the 41st, Ramsey, Sr. of the 43rd, Davenport of the 44th and Jackson of the 2nd: A RESOLUTION recognizing and commending Senior Police Officer Eric Antonio Jones on the occasion of his retirement; and for other purposes. SR 1185. By Senators Jones of the 10th, Harbison of the 15th, Henson of the 41st, Ramsey, Sr. of the 43rd, Davenport of the 44th and others: A RESOLUTION recognizing March 22, 2012, as CHRIS Kids Day at the Georgia state capitol; and for other purposes. SR 1186. By Senator Williams of the 19th: A RESOLUTION commending the 2012 Senate aides for their exemplary service; and for other purposes. SR 1187. By Senator Williams of the 19th: A RESOLUTION commending the 2012 Senate interns for their exemplary service; and for other purposes. SR 1189. By Senators Tippins of the 37th and Thompson of the 33rd: A RESOLUTION commending the McEachern High School girls basketball team on their Class AAAAA State Championship; and for other purposes. SR 1190. By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Harbison of the 15th and others: A RESOLUTION honoring the life and memory of Mr. Irving S. Mitchell; and for other purposes SR 1191. By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Harbison of the 15th and others: A RESOLUTION recognizing and commending Dr. Robert Michael Franklin upon the occasion of his retirement; and for other purposes. SR 1192. By Senators Davenport of the 44th, Fort of the 39th, Jones of the 10th, James of the 35th, Harbison of the 15th and others: A RESOLUTION recognizing and commending Mrs. Christine King Farris; and for other purposes. TUESDAY, MARCH 20, 2012 2197 SR 1193. By Senators Cowsert of the 46th, Carter of the 1st, Ginn of the 47th, Bulloch of the 11th and Hooks of the 14th: A RESOLUTION recognizing the Morrill Act on the grand occasion of its 150th anniversary; and for other purposes. SR 1194. By Senators Loudermilk of the 52nd and Albers of the 56th: A RESOLUTION recognizing and commending Ms. Marlitt Hayslett for her work on the SR 68 Commission; and for other purposes. SR 1195. By Senators Loudermilk of the 52nd and Albers of the 56th: A RESOLUTION recognizing and commending Mr. Richie Johnson for his work on the SR 68 Commission; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Tuesday March 20, 2012 Thirty-fifth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 462 Jeffares of the 17th Ramsey, Sr. of the 43rd ROCKDALE COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), so as to revise procedures relating to appointment of the at-large member; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SB 523 Thompson of the 5th Balfour of the 9th Millar of the 40th Henson of the 41st Unterman of the 45th Shafer of the 48th Butler of the 55th GWINNETT COUNTY 2198 SB 525 SB 526 HB 962 JOURNAL OF THE SENATE A BILL to be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), and an Act approved August 17, 2001 (Ga. L. 2001 Ex. Sess., p. 203), so as to provide for the appointment of the judges of such court; to repeal conflicting laws; and for other purposes. Mullis of the 53rd WALKER COUNTY A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to modernize, update, and revise such Act; to eliminate archaic language; to revise provisions relating to elections, runoffs, expenses, county attorney, financial statements, competitive bidding, audits, road maintenance, and oversight; to provide for the ratification of certain contracts; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd CATOOSA COUNTY A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Staton of the 18th Paris of the 26th BIBB COUNTY A BILL to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission HB 1150 HB 1151 HB 1171 TUESDAY, MARCH 20, 2012 2199 of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. SUBSTITUTE Williams of the 19th WAYNE COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Wayne County, approved March 6, 1962 (Ga. L. 1962, p. 3110), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for a contingent repeal; to repeal conflicting laws; and for other purposes. Williams of the 19th WAYNE COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Wayne County, approved January 28, 1994 (Ga. L. 1994, p. 3512), as amended, so as to revise the districts for the election of members of the board; to provide for definitions and inclusions; to provide for election, terms of office, and qualifications of members; to provide for nonpartisan elections; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for a contingent automatic repeal; to repeal conflicting laws; and for other purposes. Staton of the 18th Paris of the 26th CITY OF MACON, PAYNE CITY; BIBB COUNTY A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for 2200 HB 1196 HB 1213 HB 1215 HB 1216 JOURNAL OF THE SENATE effective dates; to repeal conflicting laws; and for other purposes. SUBSTITUTE Staton of the 18th Paris of the 26th MACON WATER AUTHORITY A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), so as to change the description of the electoral districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE Gooch of the 51st PICKENS COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Pickens County Water and Sewer Authority, approved April 15, 1969 (Ga. L. 1969, p. 2764), so as to remove the provision requiring a waiting period of two years for member reappointment; to provide for related matters; to repeal conflicting laws; and for other purposes. Goggans of the 7th ECHOLS COUNTY A BILL to be entitled an Act to amend an Act revising, superseding, and consolidating the laws creating and governing the Board of Commissioners of Echols County, approved February 3, 1953 (Ga. L. 1953, Jan.-Feb. Sess., p. 2054), as amended, so as to provide for elections and terms of office; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Murphy of the 27th CITY OF BALL GROUND A BILL to be entitled an Act to amend an Act providing a new charter for the City of Ball Ground, approved March 28, 1990 (Ga. TUESDAY, MARCH 20, 2012 2201 L. 1990, p. 4552), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4258), so as to remove an exception for certain property from the jurisdiction of the municipal court; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1217 Wilkinson of the 50th 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 June 2, 2010 (Ga. L. 2010, p. 3994), so as to provide that beginning January 1, 2015, the judge and solicitor of said court shall be full-time positions; to establish the compensation of the judge and solicitor of said court; to provide that beginning January 1, 2015, 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. The substitute to the following bill was put upon its adoption: *HB 962: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 962: A BILL TO BE ENTITLED AN ACT To amend an Act establishing a Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing a Board of Commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, is amended by striking subsection (a) of Section 1 and inserting in lieu thereof the following: 2202 JOURNAL OF THE SENATE "(a)(1) There is created the board of commissioners of Bibb County to be elected as provided in this section. For the purpose of electing members of the board, Bibb County is divided into four commissioner districts. The four commissioner districts shall be and correspond to those numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: bibbccR-2012-s018-h137 Plan Type: Local Administrator: s018 User: Gina'. (2) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (3) Any part of Bibb County which is not included in any district described in paragraph (1) of subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Any part of Bibb County which is described in paragraph (1) of subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. The Board of Commissioners of Bibb County which exists on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Bibb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013. SECTION 3. The Board of Commissioners of Bibb County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, not later than 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. TUESDAY, MARCH 20, 2012 2203 SECTION 4. The provisions of this section and Section 1 of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Bibb County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan: bibbccR-2012-s018-h137 Plan Type: Local Administrator: S018 User: Gina District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 VTD: 021GF6 - GODFREY 6 012600: 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3035 3036 3037 3042 3043 3044 3045 3046 3047 3049 012700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 VTD: 021RU2 - RUTLAND 2 District 002 Bibb County VTD: 021EM4 - EAST MACON 4 VTD: 021GF3 - GODFREY 3 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 012500: 3020 3021 3022 3023 2204 JOURNAL OF THE SENATE 012600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1028 2028 3027 3034 3038 3039 3040 3041 3048 3050 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 013202: 2010 2011 VTD: 021HA5 - HAZZARD 5 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 VTD: 021VV8 - VINEVILLE 8 District 003 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO3 - HOWARD 3 VTD: 021HO4 - HOWARD 4 VTD: 021HO5 - HOWARD 5 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV6 - VINEVILLE 6 District 004 Bibb County VTD: 021GF7 - GODFREY 7 VTD: 021HA1 - HAZZARD 1 VTD: 021HA3 - HAZZARD 3 013101: TUESDAY, MARCH 20, 2012 2205 1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021RU1 - RUTLAND 1 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 On the adoption of the substitute, the yeas were 47, nays 1, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 1171: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1171: A BILL TO BE ENTITLED AN ACT To provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. 2206 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. (a) The governmental and corporate powers, duties, and functions now vested in the City of Macon, a municipal corporation created by an Act of the General Assembly, approved March 23, 1977 (Ga. L. 1977, p. 3776), as amended, are restructured with the governmental and corporate powers, duties, and functions of the County of Bibb and the City of Payne City, such restructuring of the governments of the City of Macon, the City of Payne City, and the County of Bibb being pursuant to the constitutional power granted by Article IX, Section III, Paragraph II of the Constitution of Georgia, as amended. Said restructuring shall result in the establishment of a single county-wide government with powers and jurisdiction throughout the territorial limits of Bibb County, which single government shall supersede and replace the governments of the City of Macon, the City of Payne City, and the County of Bibb, and, to the extent provided in this charter, shall also supersede and replace any public authorities and special service districts located and operating within Bibb County. Said county-wide government shall be a new political entity, a body politic and corporate, and a political subdivision of the State of Georgia, to be known as "Macon-Bibb County" (in this charter at times called "the restructured government"), having all of the governmental and corporate powers, duties, and functions heretofore held by and vested in the City of Macon, the City of Payne City, and Bibb County, and also the powers, duties, and functions provided in this charter. The restructured government shall be a public corporation; shall have perpetual existence; shall, without the necessity or formality of a deed, bill of sale, or other instrument of transfer, own, possess, and hold all properties of whatsoever kind or nature, assets, contracts, franchises, things, rights, privileges, immunities, and real and personal property theretofore owned, possessed, enjoyed, or held by the City of Macon, the City of Payne City, and the County of Bibb; by the name of Macon-Bibb County shall be able to contract and be contracted with, sue and be sued as provided by this charter, plead and be impleaded in all courts of this state, and do all other acts relating to its corporate capacity; and shall be able in law and equity to purchase, have and hold, receive, enjoy, accept, possess, and retain for the use and benefit of said Macon-Bibb County, in perpetuity or for any term of years, any estate or estates, real or personal, lands, tenements, or hereditaments of whatsoever kind or nature inside or outside the territorial limits of the restructured government, as may be devised, bequeathed, sold, or by any manner conveyed or dedicated to or otherwise acquired by the restructured government and to use, manage, improve, sell and convey, rent, or lease same; and to have and use a common seal. From and after the effective date of this charter, the political subdivision known as Bibb County, Georgia, and the municipal corporations known as the City of Macon and the City of Payne City shall be merged into the said new political entity created in this charter. (b) The territory embraced in the restructured government shall be the total area of Bibb County, as the same may be now or hereafter fixed and established by law. Any portion of the City of Macon as it exists on December 31, 2013, which extends in to any other TUESDAY, MARCH 20, 2012 2207 county shall not be included in the territory of the restructured government and shall on January 1, 2014, become unincorporated land of the county in which it is located. SECTION 2. (a) The restructured government shall have and be vested with, to the same extent as if repeated in this charter, all rights, powers, duties, privileges, and authority that the City of Macon, the City of Payne City, or Bibb County, or all collectively, have under the Constitution and general and special laws of Georgia at the time of the adoption of this charter, except as expressly modified in this charter. (b) In addition to the foregoing, the restructured government shall have all rights, powers, duties, privileges, and authority conferred or enlarged by this charter, and such other rights, powers, duties, privileges, and authority as may be necessary and proper for carrying the same into execution, and also all rights, powers, duties, privileges, and authority, whether express or implied, that may now be vested in or hereafter granted to counties or municipal corporations, or both, by the Constitution and laws of this state, including the powers vested in the restructured government by this charter. (c) The restructured government, in addition to the rights, duties, powers, privileges, and authority expressly conferred upon it by this charter, shall have the right, duty, power, privilege, and authority to exercise and enjoy all other powers, duties, functions, rights, privileges, and immunities necessary and proper to promote or protect the safety, health, peace, security, and general welfare of said government and its inhabitants and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated in this charter and to do and perform all of the acts pertaining to its local affairs, property, and government that are necessary or proper in the legitimate exercise of its corporate powers and governmental duties and functions. (d) No enumeration of any right, power, privilege, or authority hereinafter made shall be construed as limiting or abolishing any right, power, privilege, or authority set forth in this charter. (e) No repeal of any law under which the restructured government derives any right, power, privilege, or authority, except by amendment of this charter as provided in this charter, shall be construed as limiting or abolishing any such right, power, privilege, or authority set forth in this charter. (f) The general laws of the State of Georgia of a criminal nature shall be applicable to and within the limits of the restructured government. General laws of local application through classification by population, not in conflict with this charter: (1) Which on the effective date of this charter apply to the City of Macon or Bibb County shall be applicable to the restructured government; and (2) Which apply to the restructured government as either a city or a county at the time of their enactment or thereafter shall be effective, but those which did not apply to the City of Macon or Bibb County or the restructured government at the time of their enactment shall not become applicable to the restructured government except through the adoption of a resolution to that effect by the commission. 2208 JOURNAL OF THE SENATE (g) Local Acts of the State of Georgia which apply specifically to Bibb County, the City of Payne City, or the City of Macon, or all collectively, shall be applicable to the restructured government. (h) In construing the applicability of provisions of the Constitution and the general laws of Georgia which apply in general terms to either counties or municipalities, or both, and local Acts of the General Assembly that apply specifically to Bibb County, the City of Payne City, or the City of Macon, or all collectively, the following terms as used in such laws shall be construed to include the restructured government as follows: (1) "City," "town," "municipal corporation," or "municipality" shall be construed to include Macon-Bibb County; (2) "County" shall be construed to include Macon-Bibb County; (3) "Commissioners of roads and revenues" and "board of county commissioners" shall be construed to include the commission of Macon-Bibb County; (4) "Council," "mayor and council," "aldermen," and "board of aldermen" shall be construed to include the commission of Macon-Bibb County, Georgia; and (5) Any other terms and provisions as used in such Acts to refer specifically to Bibb County or the City of Macon, or both, and the officers, employees, departments, and agencies thereof shall be construed to mean Macon-Bibb County and its officers, employees, departments, and agencies. (i) In construing the applicability of laws in force to the restructured government, the following order shall prevail: (1) The Constitution of the State of Georgia; (2) The general laws of uniform application now in force or hereafter enacted by the General Assembly, as distinguished from general laws of local application through classification by population, applicable to municipal corporations or counties, or both; (3) The general laws of local application through classification by population as and to the extent provided in subsection (a) of this section; (4) Special laws applicable to Bibb County, not in conflict with this charter; (5) Special laws applicable to the City of Macon, not in conflict with this charter; (6) Special laws applicable to the City of Payne City, not in conflict with this charter; (7) This charter and all ordinances and resolutions passed pursuant thereto; and (8) Existing ordinances and resolutions of the former City of Macon and City of Payne City and existing ordinances and resolutions of the former County of Bibb not in conflict with this charter. (j) The tort and nuisance liability of the restructured government shall follow the law and rules of tort liability applicable to counties in Georgia. (k) For purposes of all applicable laws, the restructured government shall constitute a municipality and a county, or both. Except as otherwise provided by this charter, if a law applicable to municipalities and the same or another law applicable to counties are in conflict, the law applicable to municipalities shall prevail; provided, however, that the redistricting of commission districts shall be accomplished solely by local law. (l) The restructured government shall have the power and authority to participate in, cooperate in, and take all necessary action with respect to any and all projects, programs, TUESDAY, MARCH 20, 2012 2209 and undertakings of any nature authorized by any statute, rule, or regulation of the United States, the State of Georgia, or any federal or state agency or instrumentality, including, but not limited to, community development, highways, aviation, aviation terminals, airports, airport facilities, municipal area or regional development, sewer and sewage disposal, public housing, housing for the aged, and transportation or mass transit or any phase thereof; to borrow money and issue promissory notes, general obligation bonds, or revenue bonds, or a combination thereof, for any such purposes in accordance with the provisions of this charter; and to execute mortgages or deeds of trust in favor of any federal agency, secured by property of which the restructured government is the legal or beneficial or equitable owner, or in favor of any private agency where the loan is guaranteed by a federal agency. SECTION 3. (a) Prior to the effective date of this charter, all powers vested in Bibb County, the City of Macon, or the City of Payne City, or any of their respective officers, agents, or agencies shall remain in full force and effect. Upon such effective date, the board of commissioners of Bibb County, the mayor and council of the City of Macon, the mayor and council of the City of Payne City, and the offices of all members thereof shall stand abolished, and all emoluments appertaining thereto shall cease. Thereupon, the governments of Bibb County, the City of Macon, and the City of Payne City shall terminate as such separate political entities and be merged into the government created by this charter. (b) When an agency of the City of Macon, the City of Payne City, or Bibb County is abolished or restructured by this charter, all books, papers, maps, charts, plans, records, other equipment, and personal property in possession of the same shall be delivered to the agency to which its rights, powers, duties, and obligations are transferred. (c) Notwithstanding any other provision of this charter, any officer performing duties under the government of the City of Macon, the City of Payne City, or Bibb County may continue to perform the duties thereof until a successor, whether under the same title of office or another, shall be elected or appointed and qualified to perform the duties, it being the intention of this charter that no duty or service shall lapse or be abandoned because of lack of an officer to perform same. SECTION 4. (a) All contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon, the City of Payne City, or Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of Macon-Bibb County. (b) No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending on the effective date of this charter by or against the City of Macon or its departments and agencies, the City of Payne City or its departments and agencies, or Bibb County or its departments or agencies shall be abated or otherwise affected by the adoption of this charter. 2210 JOURNAL OF THE SENATE (c) The departmental organization of the cities existing immediately prior to adoption of this charter shall continue in effect upon the effective date of this charter until such organization is changed or reorganized as provided by ordinance of the commission and administrative regulations consistent therewith. (d) The provisions of this charter notwithstanding, the annual compensation of the mayor and councilmembers of the City of Macon and the City of Payne City for the remainder of their present terms of office shall be the same annual compensation as such officers received in the calendar year immediately preceding the date of adoption of this charter. SECTION 5. The governing authority of Macon-Bibb County shall consist of a commission of said county composed of a mayor and nine commissioners. Said board is designated as the Macon-Bibb County Commission, referred to in this charter as the "commission." The members of said commission are designated and referred to in this charter as "commissioners." The commission shall exercise and be subject to all of the rights, powers, duties, and obligations imposed by this charter or previously applicable to the governing authorities of the City of Macon, the City of Payne City, and Bibb County and to any general laws, local laws, or constitutional provisions applicable or effective within the former City of Macon, City of Payne City, and Bibb County. The commission shall constitute a county as well as a municipality for the purpose of the application of the general laws and Constitution of this state. The commission may exercise the powers vested in the governing authority of the municipality and municipalities generally as well as the powers vested in the former governing authority of the county and counties generally. SECTION 6. The governing authority shall exercise the jurisdiction, powers, and authorities vested in such body by this charter and perform and discharge the duties, obligations, and responsibilities imposed upon it by law, either directly or through such officers, agents, and employees as it may from time to time ordain, constitute, and appoint in addition to those created and provided for in this charter; and the governing authority shall, except as otherwise provided in this charter, prescribe by ordinances or resolutions the manners and methods in which such jurisdiction, powers, authorities, duties, obligations, and responsibilities shall be exercised, performed, and discharged, and the respective officers, agents, and employees by whom the several portions thereof shall be exercised, performed, and discharged. SECTION 7. On the effective date of this charter, the operations and employees of the Municipal Court of the City of Macon shall continue its operations without interruption resulting from the adoption of this charter. The employees of such court shall become employees of the restructured government of Macon-Bibb County. The court shall be known as the Municipal Court of Macon-Bibb County. The judge of the Municipal Court of the City TUESDAY, MARCH 20, 2012 2211 of Macon shall be authorized to serve as the judge of said court. Vacancies in the office of judge of the Municipal Court of Macon-Bibb County shall be filled by appointment of the mayor. Such court shall have jurisdiction as provided by law for municipal courts for all covered offenses and all code and ordinance violations occurring in Macon-Bibb County. SECTION 8. Except as otherwise provided in this charter, the duties of the sheriff, the tax commissioner, the coroner, and the clerk of the superior court shall remain as such duties are presently imposed by law for such respective officers as county officers; provided, however, that such duties may be expanded and enlarged by the governing authority to include like duties and responsibilities in connection with the affairs of the restructured government. The compensation paid to any such officer shall be fixed as heretofore provided by law and may not be reduced during his or her term of office below the amount of such compensation as fixed at the commencement of such term, nor shall his or her compensation during his or her term of office in effect upon the effective date of this charter be reduced below the salary then being paid such officer. Such compensation as so fixed shall be the sole remuneration to such officers for their services and any and all other compensation for such services to Macon-Bibb County, the State of Georgia, or any agency thereof, including salaries, fees, commissions, fines, or forfeitures received from any source whatsoever, shall be the property of Macon-Bibb County and paid into its treasury. SECTION 9. (a) The territory of the restructured government shall consist of nine election districts to be designated as Commission Districts 1 through 9 and the boundaries of the initial districts shall be as described in the districting plan attached to and made a part of this charter and further identified as 'Plan: bibbcon12-hd139p2r-rev2 Plan Type: Local Administrator: Bibb Co. User: Gina'. (b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Macon-Bibb County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Macon-Bibb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included 2212 JOURNAL OF THE SENATE within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any election district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (c) The commission shall consist of nine members. The initial commissioners shall be elected at an election held on the Tuesday next following the first Monday in November, 2013, for terms of three years and until their successors are duly elected and qualified. A primary shall be conducted in accordance with law prior to such election. Their successors shall be elected for terms of four years. The members shall be elected from the nine districts specified in subsection (a) of this section by a majority of electors voting in such election from such district. All members of the commission shall be full voting members of the commission. The mayor shall be the presiding officer of the commission but shall not be a voting member of the commission; provided, however, that the mayor may cast a vote on any matter before the commission to break a tie. The mayor may propose ordinances in the same manner as a commissioner. (d) No person shall be eligible to serve as a commissioner unless he or she: (1) Has been a resident of Macon-Bibb County for a period of one year immediately prior to the date of the election; (2) Continues to reside within the commission district from which elected during his or her term of office; (3) Is a registered and qualified elector of Macon-Bibb County; and (4) Meets the qualification standards required for members of the Georgia House of Representatives as are now or may in the future be prescribed by the Georgia Constitution. (e)(1) Each commissioner shall be paid an annual salary of $15,000.00. Future changes in the salary and expenses of the commissioners shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. and in accordance with the procedures of Code Section 36-5-24 of the O.C.G.A.; provided, however, that any increase in the salary or compensation of commissioners shall equal no more than one-half of the average percentage salary increase granted by such governing authority to the restructured government employees over the preceding three years. (2) Any action to increase the salary of commissioners shall not become effective until the date of commencement of the terms of those commissioners elected at the next regular election following such action. (3) In addition to salary and subject to appropriations, commissioners shall be reimbursed for all actual expenses reasonably and necessarily incurred in carrying out the duties and responsibilities of the restructured government as provided by rule or regulation. (f) The commission shall elect from among its members in January of each year a member to serve as mayor pro tempore, who shall preside over meetings of the TUESDAY, MARCH 20, 2012 2213 commission in the mayor's absence. (g) For purposes of eligibility for employee benefits, the commissioners shall be deemed to be part-time employees. SECTION 10. (a) Those members of the board of commissioners of Bibb County elected to take office in January, 2013, and the mayor and those members of the commissions of the City of Macon and the City of Payne City who are serving as such on the second Monday of January, 2013, and any persons filling vacancies in such offices shall continue to serve as such members until the second Monday of January, 2014, and then all such offices shall be abolished and all terms of office shall expire. After the second Monday of January, 2013, no further elections shall be conducted to elect members of the board of commissioners of Bibb County and the mayor and members of the commission of the City of Macon and the City of Payne City and all elections for the mayor and the members of the commission shall be conducted pursuant to this charter. (b) The initial mayor shall be elected in an election to be held on the Tuesday after the first Monday in November, 2013. A primary shall be conducted in accordance with law prior to such election. Candidates shall be nominated and elected by majority vote as provided in this section. The person elected as mayor at such election shall take office on the second Tuesday of January, 2014, for an initial term of three years and until a successor is elected is and qualified. Thereafter, each successor to the office of mayor shall be elected at the general election to be held on the Tuesday following the first Monday in November immediately preceding the expiration of a term of office, shall take office on the second Monday of January immediately following the date of the election, and shall have a term of office of four years and until a successor is elected and qualified. The mayor shall be elected by a majority vote on a county-wide basis by the electors of the entire county. (c) To be eligible for election to the office of mayor, a person at the time of election shall: (1) Have attained the age of 27 years; (2) Have resided in Macon-Bibb County for at least one year; (3) Be a qualified elector of the restructured government; and (4) Meet any other requirements as may be established by general law. (d) Except as otherwise provided in this section, all primaries and elections for the mayor and members of the commission shall be in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., known as the "Georgia Election Code," as now or hereafter amended. Any person who is a registered voter of Macon-Bibb County shall be eligible to vote in any election under this section. (e) The mayor shall be limited to serving a total of no more than two four-year terms. Each commission member shall be limited to serving a total of three four-year terms. An initial term of less than four years shall nevertheless be deemed a full term for purposes of this subsection. Prior service as an officer of the City of Macon or Bibb County shall not be computed for such limitations. 2214 JOURNAL OF THE SENATE SECTION 11. (a) The commission shall provide by ordinance for the execution of all powers, functions, rights, privileges, duties, and immunities of the restructured government and its officers, agencies, or employees as provided by this charter or general state law. (b) Without limiting the general legislative powers of the commission, it is empowered to: (1) Adopt all annual appropriations for the restructured government by ordinance and any supplements or amendments the commission deems necessary from time to time during the fiscal year; (2) Adopt, by ordinance, a fiscal year for the restructured government and each of its departments, boards, or other agencies and any other ordinances for the regulation and management of the financial affairs of the restructured government it deems necessary; (3) Adopt, by ordinance, provisions for governmental reorganization including the establishment, alteration, or abolishment of any and all nonelective offices, positions, departments, and agencies of the restructured government unless otherwise established or provided by this charter; (4) Adopt ordinances establishing any and all personnel policies it deems necessary for an adequate and systematic handling of personnel affairs; (5) Make adjustments, by ordinance, to the boundaries of commission districts of the restructured government as provided in Section 9 of this charter; (6) Establish committees of its members for legislative, investigative, and study purposes without the need for approval of the mayor; (7) Establish and appoint any board or commission of citizens to advise the commission as it deems necessary without the need for approval by the mayor; provided, however, that the term of such boards or commissions shall automatically expire at the end of the term of office of the commission who appointed same, if not earlier abolished by the commission; (8) Grant franchises or make contract for, or impose taxes on public utilities and public service companies; and to prescribe the rates, fares, regulations and standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (9) Provide for the collection of residential solid waste throughout Macon-Bibb County; and (10) Adopt any other ordinance, resolution, or amendment to this charter as is allowed or not denied now or hereafter under general state law or this charter and exercise any other power as may be provided now or hereafter under general state law, this charter, or ordinance. SECTION 12. The commission shall, upon the approval of the mayor and five commissioners or the approval of six commissioners, provide for an independent annual audit of all TUESDAY, MARCH 20, 2012 2215 restructured government accounts and may provide for more frequent or continuing audits as it deems necessary. Audits shall be made by a certified public accountant or firm of certified public accountants who has no personal interest, direct or indirect, in the fiscal affairs of the restructured government or any of its officers. The commission may designate the accountant or firm annually, provided that the designation for any particular fiscal year shall be made no later than 30 days after the beginning of the fiscal year. The commission may also provide for special independent audits of any office, department, board, commission, or other agency of the restructured government without the need for approval by the mayor. SECTION 13. The commission, upon the approval of the mayor and five commissioners or upon the approval of six commissioners, may initiate inquiries and investigations into the affairs of the restructured government and the conduct of any department, office, or agency of the restructured government or any joint or independent commission, board, or authority of the restructured government. Any participant in any hearing authorized may request that such hearing be closed to the public and all reports to the commission of the result of any inquiry or investigation by an authorized committee may be closed to the public; provided, however, that all such hearings shall be subject to Chapter 14 of Title 50 of the O.C.G.A., relating to open and public meetings. Any action taken by the commission as a result of such inquiry or investigation shall be taken at and during an open meeting. SECTION 14. (a) All of the executive powers of the restructured government are vested in the mayor. The mayor shall be the chief executive officer of Macon-Bibb County and shall be responsible for execution of the laws and policies of the restructured government and applicable state and federal laws. The mayor shall possess and exercise the following executive and administrative powers and duties: (1) To see that the ordinances, resolutions, and regulations of the restructured government and laws of this state are faithfully executed and enforced; (2) To exercise supervision over the executive and administrative affairs of the restructured government and to provide for the coordination of executive and administrative activities; (3) In addition to the appointments provided for in Section 16 of this charter, to appoint department heads, subject to the approval of a majority of the commission, to serve at the pleasure of the mayor; (4) To sign and approve deeds, bonds, contracts, and other instruments and documents in any case in which the legal instruments must be in writing or where the general laws of this state or ordinance or resolution of the commission so require; (5) To submit to the commission annually a draft of the recommended appropriations ordinance, the budget message, and the budget report and to submit annually to the commission a capital improvement program; (6) To conduct studies and investigations and to make recommendations to the 2216 JOURNAL OF THE SENATE commission for legislation concerning all matters relating to the restructured government and the welfare of its citizens; (7) To represent the restructured government in its intergovernmental relations; (8) To appoint the attorney, fire chief, municipal county judge, and county manager for the restructured government, with the approval of a majority of the commission, who shall serve at the pleasure of the mayor; (9) To provide an annual financial audit of all authorities and provide a report of such audit to the commission; and (10) To perform any other duties as may be required by law, ordinance, or resolution. (b)(1) Every ordinance adopted by the commissioners shall be presented promptly by the clerk of commission to the mayor after its adoption. (2) The mayor, within ten calendar days of receipt of an ordinance, shall return it to the clerk of commission 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 of commission; 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 commissioners through the clerk of commission a written statement of the reasons for the veto. The clerk of commission shall record upon the ordinance the date of its delivery to and receipt from the mayor. (3) Ordinances vetoed by the mayor shall be presented by the clerk of commission to the commissioners at their next meeting. If the commissioners then or at their next meeting adopt the ordinance by an affirmative vote of at least six members, it shall become law. (4) 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 commissioners over the mayor's veto as provided in this subsection. The reduced part or parts shall be presented to the commissioners as though disapproved and shall not become law unless overridden by the commissioners as provided in paragraph (3) of this subsection. (c) The mayor shall be considered full time and he or she shall receive an annual salary of $100,000.00. In addition, the mayor shall be reimbursed for all actual expenses reasonably and necessarily incurred in the performance of his or her official duties, subject to appropriations. Future changes in the salary and expenses of the mayor shall be effected in accordance with the provisions of Code Section 36-35-4 of the O.C.G.A. and in accordance with the procedures of Code Section 36-5-24 of the O.C.G.A.; provided, however, that any increase in the salary or compensation of the mayor shall equal no more than one-half of the average percentage salary increase granted by the governing authority to restructured government employees over the last preceding three years. (d) For purposes of eligibility to receive employee benefits, the mayor shall be deemed to be a full-time employee. TUESDAY, MARCH 20, 2012 2217 SECTION 15. (a) In the event that the office of mayor or any commissioner shall become vacant for any cause whatsoever, the commission or those remaining shall, by resolution, order a special election to fill the balance of the unexpired term of that office. (b) If, however, the vacancy in any commission seat occurs within 12 months of the expiration of the term of that office, the commission or those remaining may, within 20 days of the occurrence of the vacancy, appoint a successor for the remainder of the term. (c) If, however, a vacancy in the office of the mayor occurs, the mayor pro tempore shall be acting mayor with all the powers and duties of that office until a successor is elected and qualified, and if the vacancy in the office of the mayor occurs within 12 months of expiration of the term of that office, the mayor pro tempore shall succeed to the office of the mayor for the remainder of the term and the commission seat of such person shall be filled in accordance with this section. SECTION 16. (a)(1) The mayor shall, subject to the approval of a majority of the commission, appoint an officer whose title shall be county manager who shall serve at the pleasure of the mayor. The county manager officer shall be appointed solely on the basis of executive and administrative qualifications. The county manager officer shall hold a master's degree in public or business administration or a related field and shall have at least four years' experience in public administration or in business management in the private sector or shall hold a bachelor's degree in public or business administration or a related field and shall have at least eight years' experience in public administration or in business management in the private sector. Such person need not be a resident of Macon-Bibb County or the State of Georgia at the time of appointment. (2) The mayor shall, subject to a majority vote of all commissioners then serving, appoint a clerk of commission who shall serve at the pleasure of the mayor. The clerk of commission may also serve as clerk of the restructured government or on any other positions he or she may be appointed to in the restructured government. (3) The clerk of the commission shall attend all meetings of the commission; keep the minutes, rules, and records of the commission; provide notice of meetings; and perform other duties required by the commission or by ordinance. The compensation of the clerk shall be as fixed by the commission. (4) The chief of the Macon-Bibb County Fire Department shall be appointed by the mayor with the approval of a majority of the commission, shall serve at the pleasure of the mayor, and shall perform his or her official duties as the chief firefighter throughout the entire limits of Macon-Bibb County. (b) The county manager officer shall have the following powers, duties, and responsibilities: (1) To serve as director of the department of administration; (2) To advise and assist the mayor in the performance of designated duties; (3) To coordinate the activities of the departments of the restructured government; (4) To serve as a liaison between the mayor and the departments of the restructured 2218 JOURNAL OF THE SENATE government; (5) To carry out the written directives of the mayor; provided, however, that the mayor shall not be authorized to delegate to the chief administrative officer any of the powers or duties conferred upon the mayor by charter or by ordinance; (6) To make periodic reports with any recommendations to the mayor as required by the mayor or as he or she deems appropriate concerning the affairs of the restructured government; and (7) To perform any other duties as shall be required by the mayor. (c) Except for the purpose of inquiry and investigation, the commission shall deal with employees of the unified government other than those who are subject to appointment and removal by the mayor solely through the county manager and shall not give orders or directions to any such employee, either publicly or privately, directly or indirectly. (d) There shall be an attorney for the restructured government who shall be appointed by the mayor with the approval of a majority of the commission and shall serve at the pleasure of the mayor. Such person shall be an active member of the State Bar of Georgia in good standing and shall have been engaged in the active practice of law for at least five years prior to the date of appointment. The attorney shall be legal counsel to the restructured government and perform any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the commission. The compensation of the attorney shall be as prescribed by a duly adopted ordinance. The attorney shall recommend legal counsel to all authorities of the restructured government when needed except as otherwise instructed by the mayor. (e)(1) There shall be a finance officer who shall be appointed by the mayor with the approval of a majority of the commission and shall serve at the pleasure of the mayor. (2) The finance officer shall perform financial duties for the restructured government and any other duties as may be provided by ordinance. Such person shall be responsible to the mayor and to the commission. SECTION 17. (a) The newly elected mayor and commissioners shall take office and meet for organization and swearing-in ceremonies on the second Tuesday of January following their election. There shall be a committee on committees made up of the mayor, the mayor pro tempore, and an additional commissioner appointed by the mayor and the mayor pro tempore. The committee on committees shall create, abolish, and appoint all committees and the membership thereof. The mayor and the mayor pro tempore shall not be a voting member of any committee established by the committee or committees. At this meeting, the newly organized commission shall make any appointments and selections as may be required by this charter. (b) At the meeting provided for in subsection (a) of this section, the newly elected mayor and commissioners shall each qualify to take office by taking the oath of office for public officials as provided by state law and the following oath: "I do solemnly swear or affirm that I will well and truly perform the duties of (mayor or commissioner, as the case may be) by adopting such measures as in my judgment shall TUESDAY, MARCH 20, 2012 2219 be best calculated to promote the general welfare of the inhabitants of Macon-Bibb County and the common interest thereof." SECTION 18. No person shall fill a vacancy for an unexpired term by appointment of the commission unless that person receives a majority of the votes of all commissioners then serving. SECTION 19. (a) Six members of the commission shall constitute a quorum for the transaction of ordinary business, but the affirmative vote of at least five members shall be required for the commission to take official action. Official action of the commission shall be entered upon its minutes. Any member of the commission shall have the right to request a rollcall vote. (b) The commission may fix the date and time of regular meetings in the commission rules of procedure but there shall be at least one regular meeting each month. (c) Special meetings of the commission may be held on call of the mayor pro tempore or a majority of all members of the commission. The mayor shall also be authorized to call special meetings regarding fiscal affairs or emergencies involving public safety. Notice of a special meeting shall be served on all other members personally, or by telephone personally, at least 48 hours in advance of the meeting. If, after diligent effort, personal service is not possible, notice shall be deemed to have been served if delivered to the residence of record of the member by a law enforcement officer who certifies that such delivery was made at least 24 hours prior to the convening of the meeting. This notice to commissioners shall not be required if all commissioners are present when the special meeting is called. This notice of any special meeting may be waived by a commissioner 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 the commissioner's presence. Only the business stated in the call may be transacted at the special meeting. (d) All meetings of the commission shall be public to the extent required by general state law and notice to the public of special meetings shall be made fully as is reasonably possible 48 hours prior to the meetings. (e)(1) To meet a public emergency affecting life, health, property, or public peace, the commission may convene on call of the mayor, the mayor pro tempore, or a majority of all commissioners and promptly adopt an emergency ordinance, but this 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 it 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. It shall become effective upon adoption and approval or at any later time as it may specify. Every emergency 2220 JOURNAL OF THE SENATE 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. (2) Such emergency meetings shall be open to the public to the extent required by law and notice to the public of emergency meetings shall be made as fully as is reasonably possible in accordance with Code Section 50-14-1 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted. SECTION 20. (a) Elected and appointed officers and employees shall demonstrate by their example the highest standards of ethical conduct, to the end that the public may justifiably have trust and confidence in the integrity of government. They, as agents of public purpose, shall hold their offices or positions for the benefit of the public, shall recognize that the public interest is their primary concern, and shall faithfully discharge the duties of their offices regardless of personal consideration. (b) No elected official, appointed officer, or employee of the restructured government, any authority of the restructured government, or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction in which the person has a financial interest which is incompatible with the proper discharge of official duties; (2) Disclose confidential information concerning the property, government, or affairs of the governmental body by which such person is engaged or is a member of without proper legal authorization or use that information to advance the financial or other private interest of such person or others; (3) Accept any valuable gift from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in business dealings with the governmental body he or she is a member of or by which such 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 campaign; (4) Represent private interests, other than his or her own, in any action or proceeding against the restructured government or any portion of its government; or (5) Vote or otherwise actively participate in the negotiation or the making of any contract between the restructured government and any business or entity in which he or she has a substantial financial interest. (c) Any elected or appointed officer or employee of the restructured government, any authority of the restructured government, or any agency or political entity to which this charter applies who possesses or who acquires any financial interest as might reasonably tend to create a conflict with the public interest shall make full disclosure in writing to the appointing authority or the commission, in the case of a member of the commission, at any time a conflict becomes apparent. The disclosure statement shall be made a matter of public record and be filed with the clerk of commission. Any member of the commission TUESDAY, MARCH 20, 2012 2221 who has any personal or private interest, indirect, financial, or otherwise, in any proposal before the commission shall disclose the interest in writing to the commission. The disclosure shall be made a matter of public record prior to the taking of any vote on the proposal. (d) No elected member of the governing authority of Macon-Bibb County nor any company or business in which such elected member or a member of his or her immediate family presently has an interest, direct or indirect, which is incompatible with the proper discharge of his or her official duties or which would tend to impair his or her independence of judgment or action in the performance of his or her official duties, shall do business with an authority associated with Macon-Bibb County nor an authority whose members in whole or in part are appointed by the governing authority of MaconBibb County nor shall any member of an authority of the restructured government do business with an authority associated with Macon-Bibb County or an authority whose members in whole or in part are appointed by the governing authority of Macon-Bibb County. (e) No elected official, appointed officer, or employee of the restructured government, any authority of the restructured government, or any agency or entity to which this charter applies shall use property owned by the restructured government for financial benefit, convenience, or profit except in accordance with policies of the restructured government. (f) Any violation of this charter which occurs with the knowledge, express or implied, of another party to a contract or sale shall render the contract or sale involved voidable and rescindable as to that party, at the option of the commission. (g) Except where authorized by law, neither the mayor nor any commissioner shall hold any other elective or compensated appointive office in the government of Macon-Bibb County or otherwise be employed by Macon-Bibb County or any agency thereof during the term for which such official was elected, provided that the provisions of this section shall not apply to any elective office holder in office on the effective date of this charter. (h) No person shall be hereafter appointed by the mayor, commission, or any member thereof, to any office, agency, or employment who is related within the third degree of consanguinity or affinity to the mayor or any member of the commission, nor shall any other board created by this charter or the head of any department of the restructured government hereafter appoint or employ any person who is so related to any member of such board or head of such department; nor shall any person be hereafter appointed or employed in any capacity on behalf of the restructured government who is so related to the person so appointing or employing him or her. (i) Employees of Macon-Bibb County may individually exercise their right to vote and privately express their views as citizens, but no employee of Macon-Bibb County shall: (1) Use his or her official authority or capacity for the purpose of interfering with or affecting the result of an election or nomination for office; or (2) Directly or indirectly coerce, attempt to coerce, or command a state or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes. 2222 JOURNAL OF THE SENATE (j)(1) A knowing violation of this section shall be a misdemeanor. (2) Any officer or employee of Macon-Bibb County who knowingly violates any requirement of this section shall upon conviction be guilty of malfeasance in office or position and shall forfeit the office or position. (3) The appointing authority may reprimand, put on probation, demote, suspend, or discharge an employee or appointed officer found to have violated the standards of conduct established by this section. SECTION 21. (a) The general obligation bonded indebtedness of the City of Macon which is outstanding on the effective date of this charter shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Macon as said corporate limits existed on the day immediately preceding the effective date of this charter. The ad valorem taxes imposed by the City of Macon prior to the effective date of this charter to retire such bonded indebtedness shall continue to be imposed within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Macon in accordance with the terms of the obligations of such bonded indebtedness. The commission, as the governing authority of Macon-Bibb County, shall be the successor to the previously existing governing authority of the City of Macon for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (b) The general obligation bonded indebtedness of the City of Payne City which is outstanding on the effective date of this charter shall become the debt and obligation of a special tax district which shall correspond to and be conterminous with the corporate limits of the City of Payne City as said corporate limits existed on the day immediately preceding the effective date of this charter. The ad valorem taxes imposed by the City of Payne City prior to the effective date of this charter to retire such bonded indebtedness shall continue to be imposed by the commission within the special tax district in the same manner and to the same extent that such ad valorem taxes were previously imposed by the City of Payne City in accordance with the terms of the obligations of such bonded indebtedness. The commission, as the governing authority of Macon-Bibb County, shall be the successor to the previously existing governing authority of the City of Payne City for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (c) The general obligation bonded indebtedness of Bibb County outstanding on the effective date of this charter shall not be affected by this charter, and the commission, as the governing authority of Macon-Bibb County, shall become the successor to the previously existing governing authority of Bibb County for all purposes relating to such bonded indebtedness, including the enforcement of rights and remedies of bondholders. (d) Each special tax district created by this section shall cease to exist upon the full satisfaction of all relative bonded indebtedness, but not later than July 1, 2019. At the time the final special tax district ceases to exist, this section shall stand repealed. TUESDAY, MARCH 20, 2012 2223 SECTION 22. (a) Existing ordinances and resolutions of the board of commissioners of Bibb County and existing rules and regulations of departments or agencies thereof not inconsistent with the provisions of this charter shall continue to be effective as ordinances and resolutions of the commission and as rules and regulations of the appropriate department or agency thereof until they are modified or repealed. (b) Existing ordinances and resolutions of the board of commissioners of Bibb County and existing rules and regulations of departments and agencies of Bibb County which, by their terms or by their operation, were applicable prior to the effective date of this charter throughout the territorial limits of Bibb County shall continue to be effective throughout the territorial limits of Bibb County until such time as the commission, by resolution or ordinance, modifies or repeals such ordinances, resolutions, or regulations. (c) Existing ordinances and resolutions of the commission of the City of Macon which are not inconsistent with the provisions of this charter shall continue to be effective as ordinances and resolutions of the commission until they are modified or repealed. (d) In the event of a conflict between any of the ordinances or resolutions continued by this section, the provisions thereof shall apply only to the territory of the restructured government that such ordinance or resolution applied to prior to the effective date of this charter and until such ordinance or resolution is repealed, changed, or amended to eliminate the conflict. (e) Through December 1, 2013, all ordinances and resolutions shall apply uniformly throughout the area of the restructured government. Prior to this date, the transition task force created pursuant to Section 37 of this charter shall review all ordinances and resolutions and take whatever action is needed to remove any conflicts between ordinances and resolutions continued by this section in order to produce a uniform body of ordinances and resolutions free of any conflicts or contradictions between such provisions. SECTION 23. (a) Until July 1, 2014, the restructured government shall operate under the funds remaining from the fiscal year 2013-2014 of the combined budgets of the City of Macon, the City of Payne City, and Bibb County. (b)(1) The first full 12 month budget of the unified government for fiscal year 2015 shall not exceed an amount equal to the combined fiscal year general operating budgets of the City of Macon, Payne City, and Bibb County, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds including, without limitation, special purpose local option sales tax and transportation special purpose local option sales tax funds. (2) The 12 month budget of the unified government for fiscal year 2016 shall not exceed an amount equal to 95 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. 2224 JOURNAL OF THE SENATE (3) The 12 month budget of the unified government for fiscal year 2017 shall not exceed an amount equal to 90 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (4) The 12 month budget of the unified government for fiscal year 2018 shall not exceed an amount equal to 85 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (5) The 12 month budget of the unified government for fiscal year 2019 shall not exceed an amount equal to 80 percent of the fiscal year 2015 general operating budget, plus increases due to inflation as specified in the Consumer Price Index, but not including capital road improvement and other special revenue funds. (c) The budget limits established by subsection (b) of this section may be exceeded by not more than 25 percent in any given year if extreme economic circumstances require or if additional expenditures for public safety purposes are needed but only by a vote of six of the nine commissioners at an open meeting after notice on the official website of Macon-Bibb County once a week for two consecutive weeks prior to the meeting and the hearing of public comments. (d) The tax assessments made by the board of tax assessors of Bibb County and the City of Macon and the City of Payne City as of the effective date of this charter shall constitute the basis for the assessment and collection of taxes of the commission for the calendar year in which this charter becomes effective. (e) It is the purpose of this section that property shall be subject to taxation in relation to services received. (f) Within four years of the effective date of this charter, the restructured government shall adopt a service delivery plan. SECTION 24. The commission may create special services tax districts and shall assess, levy, and collect ad valorem taxes and collect service charges and fees for the provision of district services within a special services district only in accordance with the kind, character, type, and degree of district services provided by the commission within such special services tax district. The provisions of this section shall control ad valorem taxation and the collection of service charges and fees for the provision of district services within special services tax districts by the commission. District services shall mean and include all of those governmental services enumerated in Article IX, Section II, Paragraph III of the Constitution. SECTION 25. (a) All employees and former employees of Bibb County, the City of Payne City, and the City of Macon and of every agency, instrumentality, commission, or authority thereof shall retain those pension rights, if any, which had accrued to them prior to the effective date of this charter under any pension plan adopted by law or by ordinance or resolution TUESDAY, MARCH 20, 2012 2225 by the board of commissioners of Bibb County, the mayor and commissions of the City of Macon, or the governing authority of the City of Payne City. The commission shall assume on the effective date of this charter all obligations arising under all such pension plans, but the assumption of such obligations by the commission shall not create any obligation on the part of the commission or create any right which did not exist prior to the effective date of this charter. (b) The commission is authorized and empowered to establish and maintain a new pension system or pension systems affecting new employees and such other employees as desire to be covered thereby and to revise, combine, and consolidate any pension system in effect on the effective date of this charter; provided, however, that in no event shall any revision, combination, or unification of any existing pension system in effect when this charter is adopted result in the curtailment or diminishment of any right accrued under any existing pension system to any person heretofore employed by the City of Macon, the City of Payne City, Bibb County, or of any agency of such former governments. SECTION 26. (a)(1) The mayor shall submit to the commission at least six weeks prior to the start of the fiscal year a budget message and a budget report, accompanied by a draft of the recommended appropriations ordinance, in a form and manner as may be prescribed by ordinance, which shall provide for the appropriation of the funds necessary to operate all the various departments and to meet the current expenses of the restructured government for the next fiscal year. Such ordinance must be approved by a two-thirds' majority vote of the commissioners then serving. (2) The commission shall annually appropriate the funds necessary to operate all the various departments and to meet the current expenses of the restructured government for the next fiscal year. The fiscal year of Macon-Bibb County shall be as determined by ordinance. (b)(l) Each appropriations ordinance, as enacted or as amended from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for any mandatory appropriations required to meet contractual obligations or the continued appropriation and authorization of state or federal grants. (2) The commission shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the city treasury at the beginning of the fiscal year, together with an amount not greater than the total receipts from existing revenue sources anticipated to be collected in the fiscal year as determined by the mayor, less refunds as estimated in the budget report and amendments thereto. (3) All appropriated funds, except for the mandatory appropriations required by law and those required to meet contractual obligations or the continued appropriation and authorization of state or federal grants, remaining unexpended and not contractually obligated at the expiration of the appropriations ordinance shall lapse. (4) All state or federal funds received by Macon-Bibb County are by this charter 2226 JOURNAL OF THE SENATE continually appropriated in the exact amounts and for the purposes authorized and directed by the state or federal government in making the grant. (c)(1) In addition to the appropriations made by the appropriations ordinance and amendments thereto, the commission may make additional appropriations in the same manner as provided in this charter, which shall be known as supplementary appropriations ordinances, provided that no supplementary appropriation shall be made unless there is an unappropriated surplus in the treasury of the restructured government or the revenue necessary to pay the appropriation has been collected into the general fund of the treasury as provided by law. (2) In no event shall a supplementary appropriations ordinance continue in force and effect beyond the expiration of the appropriations ordinance in effect when the supplementary appropriations ordinance was adopted and approved. (d)(1) The appropriation for each department, office, bureau, board, commission, function, or line item for which appropriation is made shall be for a specific amount of money and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof. All appropriations by function or line item shall be lump sum by function or line item. (2) Any appropriation made in conflict with the foregoing provisions shall be void. SECTION 27. (a) The commission shall prescribe, by ordinance, the procedures to be followed in the making of contracts which shall bind the restructured government. All contracts and all ordinances which shall make or authorize contracts shall be approved as to form by the attorney for the restructured government. The mayor shall sign and authorize all contracts; provided, however, the commission may authorize the mayor, by ordinance, to designate another appropriate official to sign any type of contract. The clerk of commission shall authenticate all contracts. The original of all contracts shall be maintained on file in the office of the clerk of commission. (b) The commission shall prescribe, by ordinance, the procedures for all purchases of real and personal property by the restructured government. Competitive bidding shall be required for purchases and contracts and awards shall be made to the lowest or best bidder; provided, however, that the commission by ordinance may authorize the purchase of goods, materials, supplies, equipment, and services without the receipt of formal sealed bids where the price does not exceed a specified dollar amount. Prior to the making of purchases and contracts, the availability of adequate funds shall be certified as provided by ordinance. (c) The commission shall prescribe, by ordinance, the procedures for all sales and other disposition of real and personal property by restructured government. SECTION 28. (a) On the effective date of this charter, the Board of Public Education and Orphanage for Bibb County established pursuant to an Act approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, shall continue in the exercise of its functions and duties, subject to TUESDAY, MARCH 20, 2012 2227 the provisions of law applicable thereto and subject to the provisions of subsections (b) and (c) of this section. (b) The Board of Public Education and Orphanage for Bibb County shall annually certify to the commission of Macon-Bibb County a school tax for the support and maintenance of education in Macon-Bibb County. The commission shall annually levy said tax upon the assessed value of all taxable property within Macon-Bibb County and collect the same like other taxes of the restructured government. The levy made by the board of education and certified to the commission shall not exceed 22 mills per dollar unless such mill limitation shall be increased or removed in the manner provided by law. (c) Notwithstanding any contrary provisions of local law, the Board of Public Education and Orphanage for Bibb County shall not be required to submit to the commission of Macon-Bibb County a copy of the school budget which is prepared pursuant to the provisions of Part 4 of Article 6 of Chapter 2 of Title 20 of the O.C.G.A. as the same is now or hereafter amended. SECTION 29. (a) Macon-Bibb County shall have power and authority to levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation and to levy and collect such other taxes as may be allowed now or in the future by law. (b)(1) The commission, by ordinance, shall establish a millage rate within the limits provided in subsection (a) of this section for the restructured government property tax; a due date; and in what length of time these taxes must be paid. (2) The commission, 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 and provide for interest on late installments. (c)(1) Macon-Bibb County shall have the power to levy any occupation or business taxes as are not prohibited by general state law. These taxes may be levied on both individuals and corporations who transact business in Macon-Bibb County or who practice or offer to practice any profession or calling therein to the extent the persons have a constitutionally sufficient nexus to Macon-Bibb County to be so taxed. These taxes may be levied and imposed on a fixed rate or gross receipts basis or any combination thereof. The commission may classify businesses, occupations, professions, or callings for the purpose of these taxes in any manner as is reasonable and payment of these taxes may be compelled as provided in subsection (i) of this section. (2) Notwithstanding any other provisions of this section, no occupation or business tax based on gross receipts shall be levied and imposed prior to the holding of a special public hearing thereon, and in no event shall the total revenue received from the imposition of an occupation or business tax based on gross receipts exceed in its first year the total revenue received the immediately preceding year from the occupation and business taxes levied. (d) Macon-Bibb County shall have the power to require individuals or corporations who 2228 JOURNAL OF THE SENATE transact business in Macon-Bibb County or who practice or offer to practice any profession or calling therein to obtain a license or permit for these activities from MaconBibb County and to pay a reasonable fee for the license or permit where the activities are not now regulated by general state law in such a way as to preclude regulation by MaconBibb County. These fees may reflect the total cost to Macon-Bibb County of regulating the activity and if unpaid shall be collected as provided in subsection (i) of this section. The commission by ordinance may establish reasonable requirements for obtaining or keeping licenses as the public health, safety, and welfare necessitate. (e) Macon-Bibb County shall have power and authority to impose and collect license fees and taxes on life insurance companies in the manner provided by Code Section 33-88.1 of the O.C.G.A. and on fire and casualty insurance companies in the manner provided by Code Section 33-8-8.2 of the O.C.G.A., as now or hereafter amended. (f) Macon-Bibb County shall have the power to assess and collect fees, charges, and tolls for sewer, sanitary and health services, and garbage and solid waste collection and disposal services, or any other services rendered inside and outside the corporate limits of Macon-Bibb County for the total cost to Macon-Bibb County of providing these services. If unpaid, these charges or fees shall be collected as provided in subsection (i) of this section. (g) Macon-Bibb County 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 any terms and conditions as are reasonable. If unpaid, these charges shall be collected as provided in subsection (i) of this section. (h) Macon-Bibb County shall be empowered to levy any other tax allowed now or hereafter by state law and the specific mention of any right, power, or authority in this charter shall not be construed as limiting in any way the general powers of Macon-Bibb County to tax or otherwise govern its local affairs. (i) The commission, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due Macon-Bibb County under this charter or general state law by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes, fees, or other revenues are due; late penalties or interest; issuance and execution of fi.fa's.; creation and priority of liens; making delinquent taxes, fees, and other revenues personal debts of the persons required to pay the taxes, fees, or other revenues imposed; revoking licenses issued by MaconBibb County for failure to pay any Macon-Bibb County taxes, fees, or other revenues; allowing exceptions for hardship; providing for the assignment or transfer of executions and collection of transferred executions; providing for the billing and collecting of principal, interest, and costs of delinquent executions as an addition to and a part of the annual ad valorem tax bill issued by the Macon-Bibb County tax commissioner. (j) The commission, by ordinance, shall prescribe the amount and terms of surety bonds conditioned upon the faithful performance of the duties of office of any officer or employee of Macon-Bibb County charged with the responsibility of handling moneys on a regular basis. TUESDAY, MARCH 20, 2012 2229 (k) Macon-Bibb County shall have all power granted by general law to issue general obligation bonds. Such issuance shall be accomplished in the manner provided by general law. (l) Macon-Bibb County 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 general laws of the state. This bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the item the issue is undertaken. (m) Revenue bonds may be issued by Macon-Bibb County as state law now or hereafter provides. Such bonds are to be repaid out of any revenue produced by the project, program, or venture for which they were issued. (n) Macon-Bibb County may issue short-term notes as now or hereafter provided by state law. (o)(1) In order to facilitate the financing of any improvements authorized by law, Macon-Bibb County may issue bonds of Macon-Bibb County in the aggregate amount of assessments for the improvement then unpaid, which bond or bonds and the interest thereon shall in no event become a liability of Macon-Bibb County or the mayor and the commission issuing them. (2) These bonds shall mature at a date and bear an interest rate as the commission may determine by ordinance but in no event shall the rate of interest exceed that which the assessments are to bear. (3) These bonds shall be signed by the mayor and attested by the clerk of commission, shall have the impression of the corporate seal of Macon-Bibb County thereon, and shall be payable at a place designated by ordinance. (4) These bonds shall be designated as improvement bonds and shall, on the face thereof, recite the nature and location of the improvement for which they have been issued and shall recite that they are payable solely from assessments which have been levied upon the lots and tracts of land abutting upon or being the situs of the improvement made. (5) These bonds shall be sold at not less than par and the proceeds thereof applied to the payment of the costs and expense of the improvement for which the bonds were issued, or the bonds, in the amount that shall be necessary for that purpose, may be turned over and delivered to the contractor, in respect to the improvement at par value, in payment of the amount due on the contract, and the portion thereof which shall be necessary to pay other expenses, incident to and incurred in providing for the improvement, shall be sold or otherwise disposed of as the commission by ordinance shall direct. SECTION 30. (a) The sheriff of Bibb County in office upon the date the governing authority of the restructured government is installed shall become the sheriff and chief law enforcement officer of Macon-Bibb County. He or she shall serve for the same term and his or her compensation shall be fixed as heretofore provided by law. Subsequent elections for 2230 JOURNAL OF THE SENATE sheriff shall be upon the basis provided by state law for sheriffs generally. The sheriff of Macon-Bibb County shall execute the orders and processes of the courts, shall enforce executions issued by any officer or agency of Macon-Bibb County, shall maintain and operate the jail wherein state or federal prisoners are incarcerated, be responsible for the transport of prisoners, and shall perform such other duties as are provided for in Code Section 15-16-10 of the O.C.G.A. and the Constitution of this state. (b)(1) The commission shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Macon Police Department and the Bibb County Sheriff's Department in such manner as it shall deem necessary to ensure adequate protection of the lives and property of all of the citizens of Macon-Bibb County. (2) The commission in cooperation with the chief shall utilize the facilities, equipment, vehicles, records, and personnel of both the former Macon Fire Department and the Bibb County Fire Department in such manner as it shall deem necessary to ensure the most advantageous rating classification of the commercial, residential, and public property in Macon-Bibb County. (c) Except as otherwise provided by this charter or by law, the administrative and service departments of the restructured government shall be created and established by ordinance and shall perform such functions, duties, services, and responsibilities as enumerated therein and as prescribed by administrative regulations. (d) The commission may by ordinance reorganize, combine, consolidate, or discontinue any department or agency of the restructured government subject to the jurisdiction of the commission and may by ordinance prescribe the functions and duties thereof and may establish, abolish, or alter all nonelective offices and positions of employment as necessary for the proper administration of the restructured government. (e) Except as provided by this charter or prohibited by the general laws of this state, the terms of office of all members of all boards, commissions, committees, panels, authorities, or other entities who were appointed by the board of commissioners of Bibb County or the governing authority of the City of Macon and Payne City shall continue for not more than one year after the members of the commission take office under this charter unless extended by such commission. Each such member shall serve out the term of office to which such member was appointed. Except as provided by this charter or prohibited by the general laws of this state, the positions of director or administrative head, by whatever name known, of each department or entity of the governments of Bibb County and the City of Macon shall be abolished 90 days after the members of the commission take office under this charter. Such departments may be abolished, reestablished, reorganized, or restructured; new job descriptions shall be established as appropriate; and a director or administrative head shall be appointed for each department by the mayor. Any person who formerly occupied such position and any other person shall have the right to apply for any position thus created. The provisions of this subsection shall not result in the automatic termination from employment with the reorganized government of any such person and the provisions of Section 14 of this charter shall be applicable to any such person. On or after January 1, 2016, no person shall be eligible for appointment to any position as the administrative head of any TUESDAY, MARCH 20, 2012 2231 department or agency of the restructured government unless such person meets such qualifications as may be established by the mayor. Each person serving as the administrative head of any department or agency of the restructured government shall serve at the pleasure of the mayor. (f) Notwithstanding any provision of this charter to the contrary, the Macon-Bibb County Hospital Authority shall continue to exist as provided by Article 4 of Chapter 7 of Title 31 of the O.C.G.A., the "Hospital Authorities Law," as now or hereafter amended, and the ordinances and resolutions activating such authority on the effective date of this charter; provided, however, that appointments and the filling of vacancies on such authority shall be made by the commission of Macon-Bibb County in accordance with applicable laws, ordinances, and resolutions. SECTION 31. (a) The commission shall establish by ordinance a system of civil service for employees of the fire department which shall provide for the establishment of a civil service board to orally interview and pass upon the qualifications of applicants and promotional candidates. The sheriff may elect to include eligible employees of the sheriff's office in such civil service system. To provide for requirements for selections, training, promotion, physical condition, and appeal procedures and other related matters, the commission shall adopt civil service rules and regulations to govern and control the fire department. (b) The commission shall establish by ordinance a personnel management system based on merit principles that meets the social, economic, and program needs of the people of Macon-Bibb County. This system shall provide means to recruit, select, train, develop, and maintain an effective and responsive work force and shall include policies and guidelines for employing, hiring and advancement, training and career development, job classification, discharge, code of conduct, fringe benefits, and other related activities. All appointments and promotions in Macon-Bibb County shall be made without regard to sex, race, religion, national origin, age, or political affiliation and shall be based on merit and fitness. (c) It is the intent of the General Assembly that as many employees of Bibb County, the City of Macon, and Payne City as feasible shall continue in the same or a substantially equal position with at least the same salary and benefit level, where possible within budget constraints, after the consolidation is complete. It is further the intent of the General Assembly that the integration of the sheriff's office and the city police department shall be seamless and cooperative and that where possible the rights and positions of all employees shall be respected. SECTION 32. (a) The commission shall afford equal opportunities for employment and promotion to all persons regardless of sex, race, religion, national origin, age, or political affiliation. (b) It shall be the policy of the commission that all citizens shall have equal opportunity for employment, promotion, and appointment by the commission. It shall further be the 2232 JOURNAL OF THE SENATE express policy of the commission that all persons shall have equal opportunity for conducting business with the commission to the greatest extent possible. (c) In furtherance of the policies stated in subsection (b) of this section, and subject to the availability of funds, there is created and established the Office of Small Business Affairs as an agency of the consolidated government. (d) The purposes for which the Office of Small Business Affairs is established shall include the following: (1) To promote, stimulate, develop, and advance the economic growth of small businesses within Macon-Bibb County and thereby promote, stimulate, develop, and advance the business, prosperity, and economic welfare of the entire county; (2) To stimulate and assist in the expansion of all kinds of small business activity which will tend to promote small business development; (3) To cooperate and act in conjunction with other organizations, public or private, in the promotion of small business development in Macon-Bibb County; and (4) To promote economic literacy among low-wealth citizens of Macon-Bibb County. (e) In furtherance of its purposes, the Office of Small Business Affairs shall have the following powers: (1) To provide technical advice and assistance for both public and private sources of contract opportunities for small businesses; (2) To monitor the progress and improvement of small business and minority business owners' access to business with local government authorities and other publicly financed entities; (3) To implement procedures and promulgate rules and regulations to increase procurement opportunities extended to the small business and minority business community and to provide direct assistance to small business and minority businesses on how government and private contracting processes work; (4) To encourage small business and minority business participation in the public sector; (5) To operate an economic development program designed to transition persons who are receiving public assistance to gainful employment; (6) To construct or establish the necessary legal mechanism to be able to apply for and to accept any gifts, bequests, or grants or loans of funds or property or financial or other aid in any form from the federal government or agency or instrumentality thereof or from the state or any agency or instrumentality thereof or from any other source for any or all of the purposes specified in this section and to comply with the terms and conditions thereof; (7) To review governmental policies and recommend changes to ensure fair participation by small businesses and minority businesses in contract bidding; (8) To randomly and statistically review purchase orders and bids to ensure compliance with fair participation by small businesses and minority businesses in government contracts; (9) To ensure that bid specifications do not discriminate against small businesses and minority businesses; TUESDAY, MARCH 20, 2012 2233 (10) To work with local agencies in assisting small businesses and minority businesses in bid application and funding available for doing business with the governing authority; (11) To manage and recommend economic development assistance to small businesses and minority businesses from governing authority economic development funds; (12) To work with local agencies in determining and coordinating all sources of education and financial assistance available to small business and minority business owners; (13) To encourage contractors and large bidders to include small businesses and minority businesses among their subcontractors; (14) To maintain statistical information to ensure that small business and minority business participation is improving in contracts with the commission and issue an annual report; and (15) To establish a mentor program where proactive businesses which have pledged increased minority business relationships can assist minority businesses in doing business with government and the private sector. (f) The Office of Small Business Affairs shall be under the direction and supervision of a director appointed by the mayor with the approval of a majority of the commissioners. The director shall have the following powers and duties: (1) To appoint assistants, clerks, and other employees as the director may deem necessary within constraints of the budget; (2) To furnish technical advice and assistance with respect to small business economic development to further the purposes of this section; (3) To render monthly written reports to the commission. The reports may contain recommendations of the director for legislative or other action to effectuate the purposes of this section; (4) To act as a liaison between community based groups, small businesses and minority businesses, government agencies, community development corporations, and the private sector; and (5) To request from any state or local governmental agency or department such reports and information at such times as it may deem reasonably necessary to carry out the purposes of this section. SECTION 33. (a) Except as otherwise provided in this charter or applicable state law, all boards, commissions, and authorities of the City of Macon and Bibb County shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this charter. As used in the Acts and amendments creating the existing boards, commissions, and authorities of the City of Macon and Bibb County, the terms "Macon City Council" and "Bibb County Board of Commissioners" shall mean the commission of Macon-Bibb County and the term "mayor of Macon" shall mean the "mayor of Macon-Bibb County." 2234 JOURNAL OF THE SENATE (b) All boards, commissions, and authorities of the restructured government, including those boards, commissions, and authorities of the City of Macon and Bibb County which are continued under the restructured government pursuant to subsection (a) of this section, shall consist of seven members, three of whom shall be appointed by the commission and four of whom shall be appointed by the mayor, except where other appointment authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. Each member shall have been a resident of the area encompassed by Macon-Bibb County for a period of at least one year immediately prior to appointment. (c) Any vacancy in the office of any member of a board, commission, or authority of the restructured government shall be filled for the unexpired term in the manner prescribed in subsection (b) of this section for original appointment, except as otherwise provided in this charter or by applicable state law. (d) Members of all boards, commissions, and authorities of the restructured government shall be limited to two consecutive full terms of office on such boards, commissions, and authorities. Filling more than one-half of an unexpired term of office shall constitute a full term of office. (e) Members of all boards, commissions, and authorities of the restructured government shall serve four years terms of office unless otherwise provided in this charter or applicable state law, provided that such members are subject to removal at any time by the appointing authority. (f) No board, commission, or authority shall create any other entity or subsidiary whatsoever without first obtaining approval by a two-thirds' vote of the commission of Macon-Bibb County and approval by the mayor. (g) The commission is authorized to review and dissolve at its discretion any entity to which this section is applicable that was created prior to the effective date of this charter by two-thirds' vote of the members then serving. SECTION 34. All officers, officials, and employees of the former City of Macon, City of Payne City, and Bibb County shall cooperate with and assist the commission, mayor, and other officers of Macon-Bibb County: (1) In planning the restructuring of departments, boards, commissions, and agencies of said former governments and in transferring the functions, duties, and responsibilities of such departments, boards, commissions, authorities, and agencies to the appropriate agencies of the restructured government of Macon-Bibb County; and (2) In all other respects in order that the transfer of the governments be accomplished in the most orderly manner possible. The officers of the restructured government shall be entitled to examine all records, files, and other data in the possession of the former governments and of all officers, officials, employees, and departments thereof. The former governments shall to the extent possible provide working areas and facilities for the officers of the restructured government. TUESDAY, MARCH 20, 2012 2235 SECTION 35. This charter may be modified, rescinded, changed, or amended by only the following methods: (1) An Act of the General Assembly of Georgia; or (2) An ordinance adopted by the commission of Macon-Bibb County, Georgia, as provided for in Article IX, Section II, Paragraph I of the Constitution of the State of Georgia. SECTION 36. (a) Except as otherwise provided by this charter, all contracts, orders, leases, bonds, and other obligations or instruments entered into by Bibb County or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the restructured government; provided, however, any obligation created by Bibb County to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the commission of the restructured government within six months following the effective date of this charter. (b) Except as otherwise provided by this charter, contracts, orders, leases, bonds, and other obligations or instruments entered into by the City of Macon or the City of Payne City or for its benefit prior to the effective date of this charter shall continue in effect according to the terms thereof as obligations and rights of the restructured government; provided, however, any obligation created by the City of Macon or the City of Payne City to become effective after the date of approval of this charter and prior to the effective date of this charter shall be subject to ratification and approval by the commission of the restructured government within six months following the effective date of this charter. (c) No pending action or proceeding of any nature, whether civil, criminal, judicial, administrative, or other, by or against the City of Macon, the City of Payne City, or Bibb County or an agency or department thereof shall be abated or otherwise affected by the adoption of this charter, and the restructured government shall stand substituted as a party in lieu thereof. SECTION 37. (a) Effective September 1, 2012, there is created a transition task force for the purpose of planning and preparing for the assumption of governmental powers by the restructured governing authority. The transition task force shall be composed of members as follows: (1) The chairperson of the board of commissioners of Bibb County who shall be the co-chief executive officer of the task force; (2) The chairperson of the finance committee of the board of commissioners of Bibb County; (3) The chairperson of the finance committee of the city council of the City of Macon; (4) The mayor of the City of Macon who shall be the co-chief executive officer of the task force; 2236 JOURNAL OF THE SENATE (5) The president of the city council of the City of Macon; (6) The president of the Bibb County Chamber of Commerce; (7) The Macon City Police Chief; (8) The chairperson of the Bibb County delegation in the General Assembly who shall serve as chairperson of the transition task force; (9) The vice-chairperson of the Bibb County delegation in the General Assembly; (10) The sheriff of Bibb County; and (11) Five members appointed by the members of the General Assembly whose districts include all or any portion of Bibb County. The transition task force shall meet upon the call of the chairperson of the transition task force for the purpose of planning and scheduling the initial organization of the government in accordance with the applicable provisions of this charter. (b) The transition task force shall be authorized to make such recommendations as it deems appropriate for the assumption of governmental powers by the commission. The transition task force is specifically charged with the responsibility of developing proposed ordinances which should be considered for adoption by the commission at its first regular meeting held following the second Tuesday in September, 2012, or at a regular meeting of the commission held as soon thereafter as practicable. (c) All officers, officials, including elected officials, and employees of Bibb County, the City of Macon, and the City of Payne City shall cooperate with and assist the transition task force. The transition task force shall be entitled to examine all records, files, and other data in the possession of Bibb County, the City of Macon, and the City of Payne City and all officers, officials, and employees and departments thereof. Bibb County, the City of Macon, and the City of Payne City shall, to the extent possible, provide working areas and facilities for the transition task force. (d) The transition task force shall be authorized to receive and expend appropriations from the board of commissioners of Bibb County and from the mayor and commission of the City of Macon and from the governing authority of the City of Payne City for the purpose of carrying out its duties, but members of the transition task force shall receive no compensation for their services as such members. (e) During the period beginning on the date on which this charter is approved in the referendum provided for by Section 45 of this charter, it shall be the duty of the transition task force to recommend and the duty of the board of commissioners of Bibb County and the mayor and commission of the City of Macon to implement, where possible, such restructuring or reorganization of services, functions, powers, and duties as may be advantageous to the restructuring of such governments. (f) The transition task force shall be abolished on the date specified by the commission. SECTION 38. On and after January 1, 2014, that portion of the City of Macon that is located in Jones County shall be treated as having been deannexed from the City of Macon and shall be an unincorporated area of Jones County. TUESDAY, MARCH 20, 2012 2237 SECTION 39. In the event any section, subsection, sentence, clause, or phrase of this charter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this charter, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this charter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 40. Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of Bibb County shall call and conduct an election as provided in this section for the purpose of submitting this Act to the electors of Bibb County for approval or rejection. The election superintendent shall conduct that election on the date of the general primary in 2012 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 Bibb County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the Act restructuring the governments of the City of Macon, the City of Payne City, and Bibb County and creating a single county-wide government to supersede and replace these governments and providing for the termination of the terms of office of members of the governing authorities of Bibb County, the City of Macon, and the City of Payne City and which cuts short the terms of sitting commission members and county commissioners to be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes in the county as a whole cast on such question are for approval of the Act and if more than one-half of the votes cast in the City of Macon on such question are for approval of the Act, this charter shall become of full force and effect on January 1, 2013. 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 Bibb County. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 41. (a) Sections 37 and 40 of this Act and this section shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. (b) Except as provided in Section 39 of this Act, the remaining provisions of this Act shall become effective on the second Monday in January, 2014. 2238 JOURNAL OF THE SENATE SECTION 42. All laws and parts of laws in conflict with this Act are repealed. Plan: bibbcon12-hd139p2r-rev2 Plan Type: Local Administrator: Bibb Co. User: Gina District 001 Bibb County VTD: 021HO3 - HOWARD 3 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 013408: 1016 1017 1018 1030 1031 013410: 1000 1001 1002 1003 1004 1005 1006 1007 1040 1041 1042 3029 3030 013411: 2009 2010 2011 2012 2013 2014 2015 2021 2022 2036 District 002 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM4 - EAST MACON 4 011000: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 3000 3004 3005 3010 3011 3012 3013 3014 3015 3016 3017 4003 4004 4005 4006 4007 4008 4009 VTD: 021GF1 - GODFREY 1 010800: 1070 1071 011500: 1000 1001 1005 013700: 1059 1060 1061 1065 1066 1067 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1098 1107 1110 1112 1117 1118 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 TUESDAY, MARCH 20, 2012 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 2021 2022 2023 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 3001 3002 3003 3004 3005 3006 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 013900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1098 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1224 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 012700: 2006 2007 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 012800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 012900: 1000 2007 2008 2012 2013 2015 2016 VTD: 021HO5 - HOWARD 5 District 003 Bibb County VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM4 - EAST MACON 4 011000: 3001 3002 3003 3006 3007 3008 3009 4000 4001 5001 5002 5003 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5023 5024 5025 5026 5027 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021RU2 - RUTLAND 2 2239 2240 JOURNAL OF THE SENATE 013502: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 013504: 3017 3020 3021 3022 3023 3026 3027 4001 4002 4012 4013 013900: 1189 1192 1194 1195 1196 1197 1199 1200 1201 1214 1215 1216 1217 1218 1219 District 004 Bibb County VTD: 021HA1 - HAZZARD 1 013201: 2004 2033 2035 2036 2047 2048 2049 VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 VTD: 021HA7 - HAZZARD 7 013409: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2015 2016 2018 2019 2020 2021 2022 013605: 2015 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO4 - HOWARD 4 011800: 3000 3001 3002 3003 3007 3008 3010 3011 3012 3013 4003 4005 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 012200: 1000 TUESDAY, MARCH 20, 2012 VTD: 021HO9 - HOWARD 9 013410: 1029 3000 3001 3002 3003 3004 3013 3027 3028 013411: 2016 2017 2018 2019 2020 2037 2038 2039 2040 2041 2042 2043 2044 2045 2047 District 005 Bibb County VTD: 021GF1 - GODFREY 1 010200: 3019 010300: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1040 1041 1042 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1078 VTD: 021GF3 - GODFREY 3 010400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2022 2023 2024 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 012500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3024 3025 3028 3029 3030 3031 3032 3033 012600: 2006 2017 2018 2019 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7 010200: 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 011800: 1007 1018 VTD: 021VV8 - VINEVILLE 8 2241 2242 JOURNAL OF THE SENATE District 006 Bibb County VTD: 021HA1 - HAZZARD 1 013201: 2040 2041 2042 2043 2044 2045 2046 2050 2051 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4043 013603: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA7 - HAZZARD 7 013605: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 013101: 1073 1074 1075 013603: 1000 1001 1002 1003 1004 1005 1015 1016 1017 1029 1031 2046 013604: 1010 1011 1012 1013 1014 1015 1016 1017 1020 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 District 007 Bibb County VTD: 021GF4 - GODFREY 4 012900: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 2005 2006 2014 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 013900: 1152 1153 1154 1170 1171 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1191 1226 TUESDAY, MARCH 20, 2012 VTD: 021GF7 - GODFREY 7 VTD: 021RU1 - RUTLAND 1 VTD: 021RU2 - RUTLAND 2 013504: 3000 3001 3002 3003 3004 3005 3006 3024 3025 4000 4003 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 VTD: 021WA2 - WARRIOR 2 013603: 1006 1007 1008 1009 1010 1011 1012 1013 1014 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1030 1032 1033 1034 1035 1036 1037 1038 District 008 Bibb County VTD: 021GF1 - GODFREY 1 010300: 1020 1021 1022 1037 1038 1039 1043 1044 1045 1046 1077 010400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 2034 010500: 1000 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 011500: 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 2036 2037 2038 2039 2040 2047 2048 2049 2056 2057 013700: 2009 2012 2017 2018 2019 2035 3000 3007 VTD: 021GF3 - GODFREY 3 010400: 2015 2016 2017 2018 2019 2020 2021 2025 2026 2027 2028 2029 2030 2031 2032 2033 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 VTD: 021HA6 - HAZZARD 6 013101: 3000 3013 3025 013102: 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 2243 2244 JOURNAL OF THE SENATE VTD: 021VV1 - VINEVILLE 1 District 009 Bibb County VTD: 021HA1 - HAZZARD 1 012500: 2016 3026 013201: 1000 1001 1002 1003 1004 2012 2013 2017 2018 2019 2037 2038 2039 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 4000 4001 4002 4016 4017 4018 4019 4020 4021 4022 4028 4029 4030 4031 4033 4034 4035 4036 4037 4038 4039 4045 4046 VTD: 021HA3 - HAZZARD 3 013201: 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 VTD: 021HA5 - HAZZARD 5 VTD: 021HA6 - HAZZARD 6 013101: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3001 3002 3003 3018 3022 3026 013202: 1010 1014 1015 1017 1020 3011 VTD: 021HO4 - HOWARD 4 011800: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3004 3005 3006 3009 4008 4019 012000: 3015 3016 3021 3022 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 011800: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1019 3014 3015 3016 3017 3018 3019 3020 3021 012200: 1001 1002 1003 1004 1005 1006 1007 1013 012300: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 TUESDAY, MARCH 20, 2012 2245 On the adoption of the substitute, the yeas were 47, nays 1, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 1196: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1196: A BILL TO BE ENTITLED AN ACT To amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), so as to change the description of the electoral districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), is amended by revising paragraphs (2) and (3) of subsection (b) of Section 2 as follows: "(2) For the purpose of electing members of the authority, Bibb County and parts of Jones County are divided into five electoral districts as follows: (A) Districts 1 through 4 shall be and correspond to those numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: MWA-2012-s018 Plan Type: Local Administrator: s018 User: Gina'; and (B) District 5 shall consist of all of Bibb County and all those parts of Jones County included in District 1. (3)(A) For the purposes of such plan: (i) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and 2246 JOURNAL OF THE SENATE (ii) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (B) Any part of Bibb County which is not included in any district described in subparagraph (A) of paragraph (2) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (C) Any part of Bibb County and those parts of Jones County which are described in subparagraph (A) of paragraph (2) of this subsection as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. (a) Those elected members of the Macon Water Authority who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Districts 1, 2, 3, 4, and 5, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Districts 1, 2, 3, 4, and 5, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. SECTION 3. The Macon Water Authority shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: MWA-2012-s018 Plan Type: Local Administrator: S018 User: Gina District 001 Bibb County TUESDAY, MARCH 20, 2012 VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM5 - EAST MACON 5 VTD: 021EM6 - EAST MACON 6 VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF4 - GODFREY 4 VTD: 021GF6 - GODFREY 6 012600: 2000 2001 2002 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3028 3029 3030 3031 3032 3033 3035 3036 3037 3042 3043 3044 3045 3046 3047 3049 012700: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 2000 2001 2002 2003 2004 2005 2008 2009 2011 2012 VTD: 021RU2 - RUTLAND 2 Jones County VTD: 16910 - HAWKINS 030104: 1061 1062 1063 2019 2022 VTD: 1693 - ROBERTS 030104: 1029 1031 1037 1038 1039 1040 1041 1042 1043 1044 1074 1079 1081 District 002 Bibb County VTD: 021EM4 - EAST MACON 4 VTD: 021GF3 - GODFREY 3 VTD: 021GF5 - GODFREY 5 VTD: 021GF6 - GODFREY 6 012500: 3020 3021 3022 3023 012600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1028 2028 3027 3034 3038 3039 3040 3041 3048 3050 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 013202: 2247 2248 JOURNAL OF THE SENATE 2010 2011 VTD: 021HA5 - HAZZARD 5 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 VTD: 021VV7 - VINEVILLE 7 VTD: 021VV8 - VINEVILLE 8 Jones County VTD: 1699 - FINNEY 030101: 1052 District 003 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2008 2009 2011 2020 2021 2022 2028 2030 2031 2032 2034 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 VTD: 021HO3 - HOWARD 3 VTD: 021HO4 - HOWARD 4 VTD: 021HO5 - HOWARD 5 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV6 - VINEVILLE 6 District 004 Bibb County VTD: 021GF7 - GODFREY 7 VTD: 021HA1 - HAZZARD 1 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2007 2010 2023 2024 2025 2026 2027 2029 2052 2053 2054 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 TUESDAY, MARCH 20, 2012 2249 013603: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021RU1 - RUTLAND 1 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 On the adoption of the substitute, the yeas were 47, nays 1, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams 2250 JOURNAL OF THE SENATE On the passage of the local bills, the yeas were 47, nays 1. The bills on the Local Consent Calendar, except HB 962, HB 1171, and HB 1196, having received the requisite constitutional majority, were passed. HB 962, HB 1171, and HB 1196, having received the requisite constitutional majority, were passed by substitute. Senator Grant of the 25th asked unanimous consent that Senator Stone of the 23rd be excused. The consent was granted, and Senator Stone was excused. SENATE CONVENES AT 11:30 A.M. SENATE RULES CALENDAR TUESDAY, MARCH 20, 2012 THIRTY-FIFTH LEGISLATIVE DAY HB 409 Veterinarians; application for license; revise provisions (AG&CA-11th) Maddox-172nd HB 514 Distilled spirits; free tastings on premises; authorize (ECD-25th) Kidd-141st HB 832 Vidalia onion trademark; royalty and license fee not exceed a certain amount; eliminate requirement (AG&CA-11th) McCall-30th HB 863 State purchasing; purchases without competitive bidding; change certain provisions (GvtO-25th) Hatchett-143rd HB 1146 Georgia Vocational Rehabilitation Services Board; create (H&HS-49th) McCall-30th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 409. By Representative Maddox of the 172nd: A BILL to be entitled an Act to amend Article 3 of Chapter 50 of Title 43 of the Official Code of Georgia Annotated, relating to licensing and registration TUESDAY, MARCH 20, 2012 2251 of veterinarians and veterinary technicians, so as to revise certain provisions as to the application for a license to practice veterinary medicine; to provide for a waiver under certain circumstances; to revise certain provisions as to the scheduling and administration of examinations for veterinary technicians; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock E Paris E Ramsey E Rogers Seay Y Shafer Y Sims Y Staton E Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 409, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Albers of the 56th Murphy of the 27th 2252 JOURNAL OF THE SENATE HB 514. By Representative Kidd of the 141st: A BILL to be entitled an Act to amend Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to distilled spirits, so as to authorize free tastings of distilled spirits to be conducted on the premises of distillers as a part of educational and promotional distillery tours; to define certain terms; to provide for the conditions under which such consumer tastings may be conducted; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. Senators Balfour of the 9th, Gooch of the 51st, Staton of the 18th, Cowsert of the 46th, Williams of the 19th, Rogers of the 21st and others offered the following amendment #1: Amend HB 514 (LC 36 1878) by striking "Chapter 4 of" on line 1; by striking "distilled spirits" on lines 1 and 2 and inserting in lieu thereof "alcoholic beverages"; by inserting "to authorize the breaking and consumption of packages of wine on the premises for the purpose of conducting wine tastings pursuant to a local ordinance;" after "so as" on line 2; by redesignating Section 2 as Section 4; by striking lines 8 and 9 and inserting in lieu thereof the following: SECTION 1. Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, is amended by revising Code Section 3-3-26, relating to allowing or permitting of breaking of packages or drinking of contents thereof on premises, as follows: "3-3-26. (a) No retail dealer shall knowingly and intentionally allow or permit the breaking of any package or packages containing alcoholic beverages on the premises where sold or allow or permit the drinking of the contents of such package or packages on the premises where sold. (b) This Code section shall not apply with respect to sales pursuant to a license for consumption on the premises or to any package or packages of wine broken for the purpose of conducting a wine tasting permitted pursuant to local ordinance." SECTION 2. Said title is further amended by revising subsection (b) of Code Section 3-4-25, relating to retail dealers to sell only unbroken packages, as follows: "(b) The license shall not permit the breaking of the package or packages of on the premises where sold and shall not permit the drinking of the contents of the package or packages on the premises where sold; provided, however, that this subsection shall not apply to any package or packages of wine when conducting a wine tasting permitted pursuant to local ordinance." TUESDAY, MARCH 20, 2012 2253 SECTION 3. Said title is further amended by inserting at the end of Chapter 4 a new article to read as follows: On the adoption of the amendment, Senator Shafer of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows: E Albers Y Balfour Y Bethel N Bulloch N Butler N Carter, B Y Carter, J Y Chance Y Cowsert N Crane N Crosby Y Davenport N Davis N Fort N Ginn Y Goggans N Golden Y Gooch N Grant N Hamrick Y Harbison N Heath N Henson N Hill, Jack N Hill, Judson N Hooks N Jackson, B N Jackson, L Y James N Jeffares Jones N Ligon N Loudermilk N McKoon Y Millar N Miller Y Mullis E Murphy N Orrock E Paris E Ramsey E Rogers Y Seay N Shafer N Sims Y Staton E Stone Y Stoner E Tate N Thompson, C N Thompson, S Y Tippins E Tolleson N Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 17, nays 30, and the Balfour, et al. amendment #1 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers N Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks N Jackson, B Y Orrock E Paris E Ramsey E Rogers N Seay Y Shafer Y Sims N Staton 2254 JOURNAL OF THE SENATE N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn N Goggans Y Golden Y Gooch Y Grant Y Jackson, L Y James Y Jeffares Jones N Ligon N Loudermilk Y McKoon Y Millar N Miller N Mullis Y Murphy E Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman N Wilkinson N Williams On the passage of the bill, the yeas were 34, nays 14. HB 514, having received the requisite constitutional majority, was passed. Senator Henson of the 41st was excused for business outside the Senate Chamber. HB 832. By Representative McCall of the 30th: A BILL to be entitled an Act to amend Code Section 2-14-132.1 of the Official Code of Georgia Annotated, relating to Vidalia onion trademark, royalty, and license fees, so as to eliminate the requirement that the royalty and license fee not exceed a certain amount; 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: E Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Orrock E Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton E Stone Y Stoner E Tate TUESDAY, MARCH 20, 2012 2255 Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 42, nays 3. HB 832, having received the requisite constitutional majority, was passed. HB 863. By Representatives Hatchett of the 143rd, Hamilton of the 23rd, Stephens of the 164th, Roberts of the 154th, Carter of the 175th and others: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to state purchasing, so as to change certain provisions relating to purchases without competitive bidding, central bid registry, procurement cards, rules and regulations, applicability to emergency purchases, and the Purchasing Advisory Council; to change a short title; to change certain provisions relating to definitions relative to small business assistance; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Chance Y Cowsert N Crane Y Crosby N Davenport Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L James Y Jeffares Jones N Orrock E Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Stoner E Tate Y Thompson, C 2256 JOURNAL OF THE SENATE Y Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, S N Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 37, nays 7. HB 863, having received the requisite constitutional majority, was passed. HB 1146. By Representatives McCall of the 30th, Carter of the 175th, Hatchett of the 143rd, Collins of the 27th and Benton of the 31st: A BILL to be entitled an Act to amend Titles 34 and 49 of the Official Code of Georgia Annotated, relating to labor and industrial relations and social services, respectively, so as to create the Georgia Vocational Rehabilitation Services Board; to amend Chapter 2 of Title 30 of the Official Code of Georgia Annotated, relating to the Georgia Industries for the Blind, so as to transfer the direction and supervision of such industries to the Georgia Vocational Rehabilitation Agency; to provide for property and reserve funds of such industries; to provide for compensation of workers in such industries; to specifically reserve certain laws and amend various other provisions of the Official Code of Georgia Annotated so as to conform related cross-references; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: E Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y Orrock E Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone TUESDAY, MARCH 20, 2012 2257 N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stoner N Tate Y Thompson, C Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 2. HB 1146, having received the requisite constitutional majority, was passed. Senator Hill of the 4th asked unanimous consent to suspend Senate Rules to second read HB 742. There was no objection, and the Senate Rules were suspended. The following legislation was read the second time: HB 742 The following communications were received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 20, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 2258 JOURNAL OF THE SENATE Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator John Wilkinson to serve as Ex-Officio Member for the Senate State and Local Governmental Operations Committee for the remainder of this legislative session. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 20, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Tommie Williams to serve as Ex-Officio Member for the Senate Special Judiciary Committee. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore TUESDAY, MARCH 20, 2012 2259 Senator Balfour of the 9th moved that the Senate stand in recess until 12:00 midnight, then adjourn until 10:00 a.m. Wednesday, March 21, 2012. At 2:05 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 386. By Representatives Channell of the 116th, O`Neal of the 146th, Jones of the 46th and Peake of the 137th: A BILL to be entitled an Act to amend Titles 48, 2, 28, 33, 36, 46, and 50 of the O.C.G.A., relating respectively, to revenue and taxation, agriculture, the General Assembly, insurance, local government, public utilities, and state government, so as to provide for comprehensive revision of the revenue structure of the State of Georgia; to implement the recommendations of the 2010 Special Council on Tax Reform and Fairness for Georgians as provided for and required by Chapter 12 of the Title 28 of the O.C.G.A.; to repeal Article 3 of Chapter 5 of Title 28, relating to fiscal bills generally; to amend certain titles of the O.C.G.A. so as to correct certain cross-references and make conforming changes; and for other purposes. The following House legislation was read the first time: HB 386. By Representatives Channell of the 116th, O`Neal of the 146th, Jones of the 46th and Peake of the 137th: A BILL to be entitled an Act to amend Titles 48, 2, 28, 33, 36, 46, and 50 of the O.C.G.A., relating respectively, to revenue and taxation, agriculture, the General Assembly, insurance, local government, public utilities, and state government, so as to provide for comprehensive revision of the revenue structure of the State of Georgia; to implement the recommendations of the 2010 Special Council on Tax Reform and Fairness for Georgians as provided for and required by Chapter 12 of the Title 28 of the O.C.G.A.; to repeal Article 3 of Chapter 5 of Title 28, relating to fiscal bills generally; to amend certain titles of the O.C.G.A. so as to correct certain cross-references and make conforming changes; and for other purposes. Pursuant to an earlier adopted motion, the Senate stood adjourned at 12:00 midnight. 2260 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Wednesday, March 21, 2012 Thirty-sixth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Balfour of the 9th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1230. By Representatives Oliver of the 83rd, Mosby of the 90th, Gardner of the 57th, Holcomb of the 82nd, Parent of the 81st and others: A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3565), so as to provide for the payment of costs in such court; to provide for a schedule of costs; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1255. 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 creating the EatontonPutnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), so as to change certain provisions relating to the composition of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 21, 2012 2261 HB 1257. By Representatives Burns of the 157th and Purcell of the 159th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to revise the powers and duties of the chairperson of the board; to provide for meetings; to provide for quorum and voting; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1258. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain notices to be made in the newspaper having the largest circulation in Columbus, Georgia; to correct certain clerical errors in such Act; to repeal conflicting laws; and for other purposes. HB 1259. By Representatives Knight of the 126th, Maddox of the 127th, Holmes of the 125th and Dickey of the 136th: A BILL to be entitled an Act to provide a new charter for the City of Milner; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1261. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to create and establish an airport authority in and for the County of Spalding and City of Griffin; to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking; to authorize the authority to acquire, lease, own, and 2262 JOURNAL OF THE SENATE hold a fee simple title, or any interest therein, to all necessary property therefor, both real and personal, within and outside the confines of Spalding County and to lease and sell any and all such facilities including real property; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1262. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4005), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1263. 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 the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1264. By Representatives Hembree of the 67th, Hightower of the 68th, Brooks of the 63rd and Bruce of the 64th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for manner of election; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 21, 2012 2263 HB 1265. By Representatives Beverly of the 139th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and Peake of the 137th: A BILL to be entitled an Act to create the Macon-Bibb County Community Enhancement Authority; to provide a statement of legislative findings; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; to authorize the issuance of revenue bonds of the authority and to authorize the collection for the payment of such revenue bonds; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1266. By Representatives Setzler of the 35th, Carson of the 43rd, Morgan of the 39th, Evans of the 40th, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, so as to change membership requirements; to change the number required for a quorum; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1267. By Representatives Setzler of the 35th, Carson of the 43rd, Morgan of the 39th, Evans of the 40th, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), so as to change the name of the bureau to the Acworth Tourism Bureau Authority; to provide for change in membership, terms, and vacancy provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1268. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the Board of Education of Bacon County," approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. 2264 JOURNAL OF THE SENATE HB 1269. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3718), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1270. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1271. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act creating the BrunswickGlynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for changes to membership, appointment, election, terms, cooperation, quorum, salaries, and officers of the commission; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance audit or performance review; to provide for a referendum; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. HB 1273. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act providing for the election of the chairperson and the members of the Board of Education of Jefferson WEDNESDAY, MARCH 21, 2012 2265 County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 331. By Senators Shafer of the 48th, Harbison of the 15th, McKoon of the 29th, Goggans of the 7th and Golden of the 8th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the issuance of closing protection letters; to provide for definitions; to provide for premiums regarding such letters; to provide for certain reserves; to authorize the Commissioner of Insurance to promulgate rules and regulations with regard to such matters; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 338. By Senators Goggans of the 7th, Jackson of the 2nd and Unterman of the 45th: A BILL to be entitled an Act to amend Code Section 43-11-52 of the Official Code of Georgia Annotated, relating to the "Georgia Volunteers in Dentistry and Dental Hygiene Act," so as to provide for special licenses for dentists and dental hygienists licensed in other jurisdictions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 361. By Senators Miller of the 49th, Unterman of the 45th, Hooks of the 14th, Goggans of the 7th, Jackson of the 24th and others: A BILL to be entitled an Act to amend Titles 31 and 43 of the Official Code of Georgia Annotated, relating to health and professions and businesses, respectively, so as to expand provisions relating to the accreditation of health care facilities to recognize the inclusion of additional nationally recognized health care accreditation bodies; to provide for conforming changes; to provide for related matters; to repeal conflicting laws; and for other purposes. 2266 JOURNAL OF THE SENATE SB 433. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend an Act creating and establishing the Dalton-Whitfield County Charter and Consolidation Commission, approved May 13, 2011 (Ga. L. 2011, p. 4100), so as to change certain provisions relating to referendum results; to provide for submission under the federal Voting Rights Act of 1965, as amended; 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 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 416. By Senators Carter of the 1st, Bethel of the 54th and Golden of the 8th: A BILL to be entitled an Act to amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of WEDNESDAY, MARCH 21, 2012 2267 pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for standards consistent with the National Council of Prescription Drug Programs; to provide clinical workflow decision support of physician providers; to provide transmission security; 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 868. By Representatives Collins of the 27th, Carter of the 175th, Atwood of the 179th, Hatchett of the 143rd, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, computation, and exemptions from state income tax, so as to provide for the comprehensive revision of income tax credits for business enterprises located in less developed areas, designated by tiers, for business enterprises located in less developed areas consisting of contiguous census tracts, for existing manufacturing and telecommunications facilities located in certain tier counties, and for establishing new quality jobs or relocating quality jobs; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1006. By Representatives Parent of the 81st, Taylor of the 79th, Bell of the 58th, Gardner of the 57th, 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 following Senate legislation was introduced, read the first time and referred to committee: SB 534. By Senator Jeffares of the 17th: A BILL to be entitled an Act to amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as to provide for incorporation, boundaries, and powers of the city; to provide 2268 JOURNAL OF THE SENATE 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 other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 535. By Senators Stoner of the 6th and Thompson of the 33rd: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SB 536. By Senators Seay of the 34th and Carter of the 42nd: A BILL to be entitled an Act to enact the "Georgia Back to Work Program Act"; to amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to provide for a program to allow eligible participants who are receiving unemployment insurance benefits to receive workplace training; to provide for the implementation and administration of the Georgia Back to Work Program by the Georgia Department of Labor; to designate certain persons and employers as eligible to participate in such program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the Insurance and Labor Committee. SB 537. By Senator Jeffares of the 17th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as WEDNESDAY, MARCH 21, 2012 2269 to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. SR 1213. By Senator Miller of the 49th: A RESOLUTION creating the Senate Complete Streets Study Committee; and for other purposes. Referred to the Transportation Committee. SR 1214. By Senator Goggans of the 7th: A RESOLUTION honoring the life of Mr. Ossie Davis and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. SR 1217. By Senator Hamrick of the 30th: A RESOLUTION creating the Senate Garnishment Proceedings Study Committee; and for other purposes. Referred to the Judiciary Committee. SR 1220. By Senator McKoon of the 29th: A RESOLUTION creating the Senate Study Committee on Georgia Ethics and Accountability; and for other purposes. Referred to the Rules Committee. SR 1223. By Senator Thompson of the 33rd: A RESOLUTION recognizing Judge Kenneth O. Nix and dedicating a road in his honor; and for other purposes. Referred to the Transportation Committee. 2270 JOURNAL OF THE SENATE The following House legislation was read the first time and referred to committee: HB 1230. By Representatives Oliver of the 83rd, Mosby of the 90th, Gardner of the 57th, Holcomb of the 82nd, Parent of the 81st and others: A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3565), so as to provide for the payment of costs in such court; to provide for a schedule of costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1255. 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 creating the Eatonton-Putnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), so as to change certain provisions relating to the composition of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1257. By Representatives Burns of the 157th and Purcell of the 159th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to revise the powers and duties of the chairperson of the board; to provide for meetings; to provide for quorum and voting; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1258. By Representatives Smyre of the 132nd, Hugley of the 133rd, Smith of the 131st, Buckner of the 130th and Smith of the 129th: A BILL to be entitled an Act to amend an Act providing for a new charter for the county-wide government of Columbus, Georgia, approved April 5, 1993 (Ga. L. 1993, p. 4978), as amended, so as to provide for certain notices to be WEDNESDAY, MARCH 21, 2012 2271 made in the newspaper having the largest circulation in Columbus, Georgia; to correct certain clerical errors in such Act; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1259. By Representatives Knight of the 126th, Maddox of the 127th, Holmes of the 125th and Dickey of the 136th: A BILL to be entitled an Act to provide a new charter for the City of Milner; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; 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 1261. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to create and establish an airport authority in and for the County of Spalding and City of Griffin; to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking; to authorize the authority to acquire, lease, own, and hold a fee simple title, or any interest therein, to all necessary property therefor, both real and personal, within and outside the confines of Spalding County and to lease and sell any and all such facilities including real property; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1262. By Representatives Weldon of the 3rd, Neal of the 1st and Dickson of the 6th: A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act approved May 6, 2005 (Ga. 2272 JOURNAL OF THE SENATE L. 2005, p. 4005), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1263. 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 the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1264. By Representatives Hembree of the 67th, Hightower of the 68th, Brooks of the 63rd and Bruce of the 64th: A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for manner of election; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1265. By Representatives Beverly of the 139th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and Peake of the 137th: A BILL to be entitled an Act to create the Macon-Bibb County Community Enhancement Authority; to provide a statement of legislative findings; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; to authorize the issuance of revenue bonds of the authority and to authorize the collection for WEDNESDAY, MARCH 21, 2012 2273 the payment of such revenue bonds; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1266. By Representatives Setzler of the 35th, Carson of the 43rd, Morgan of the 39th, Evans of the 40th, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, so as to change membership requirements; to change the number required for a quorum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1267. By Representatives Setzler of the 35th, Carson of the 43rd, Morgan of the 39th, Evans of the 40th, Parsons of the 42nd and others: A BILL to be entitled an Act to amend an Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), so as to change the name of the bureau to the Acworth Tourism Bureau Authority; to provide for change in membership, terms, and vacancy provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1268. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the Board of Education of Bacon County," approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act 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. 2274 JOURNAL OF THE SENATE HB 1269. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3718), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1270. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1271. By Representatives Lane of the 167th, Atwood of the 179th and Spencer of the 180th: A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for changes to membership, appointment, election, terms, cooperation, quorum, salaries, and officers of the commission; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance audit or performance review; to provide for a referendum; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. WEDNESDAY, MARCH 21, 2012 2275 HB 1273. By Representative Jackson of the 142nd: A BILL to be entitled an Act to amend an Act providing for the election of the chairperson and the members of the Board of Education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. 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 797 Do Pass by substitute Respectfully submitted, Senator Millar of the 40th District, Chairman The following Minority Report on HB 797 was filed with the Secretary: Senate Democratic Caucus Minority Report Meeting of the Education and Youth Committee March 20, 2012 As members of the Education and Youth Committee, pursuant to Senate Rule 2-6.1 (a), we, Senators Vincent Fort, Horacena Tate, Freddie Powell Sims, and Donzella James, submit this Minority Report on behalf of the Senate Democratic Caucus. XXV. No Opportunity for Public to Review Bill We oppose the passage of House Bill 797 because it was passed out of committee in a manner inconsistent with the democratic principles of this body. There was no opportunity for the public to view the bill and comment. The version of the bill 2276 JOURNAL OF THE SENATE considered by the committee on March 20, 2012, was presented to committee members at the start of that committee meeting. The bill's author, Representative Jan Jones, was given time to enumerate the many changes made to this version of the bill, and members of the committee were given the opportunity to ask questions. However, given that most members were reviewing this version of the bill for the very first time, the questions were somewhat limited. While public testimony had been allowed at a prior subcommittee meeting on HB 797, no public comment was allowed during the meeting of the full committee on March 20, 2012. This version was recommended do pass by the committee following a 6-4 vote of the committee members present, as well as significant testimony from committee members regarding the flaws still present in the bill. HB 797 This legislation re-establishes a State Charter School Commission the entity that was found to be unconstitutional by the Georgia Supreme Court in May 2011 as a statelevel authorizing entity housed in the Department of Education. This commission will be made up of political appointees by the Governor, the President of the Senate, and the Speaker of the House, and will have the authority to create state charter schools. In addition to enumerating the powers, authorities, and responsibilities of this commission, HB 797 outlines the procedure by which schools may be chartered by the state commission, as well as how these schools will be funded. Funding Concerns The funding mechanism created in this bill is fundamentally flawed. It gives commission charter schools the state equivalent of the QBE formula, plus any additional "earned" funds for additional services provided, such as nutrition and transportation. However, this formula does not deduct an amount equal to the local five mill share and does not require that commission charter schools raise any money on their own. Local school systems raise money for traditional public schools through local taxes. The result is that under HB 797, commission charter schools will receive more money per FTE than traditional public schools. This funding formula is a departure from the original funding formula provided in HB 881, the charter school legislation passed previously by the Georgia General Assembly. Local Control Under the current version of HB 797, the commission can only act on a petition if a local board denies the petition first. As a result, the commission will only be reviewing petitions that have been first found defective by the local board of education. When a petition is submitted to a local board of education, this bill requires that the local board take action within 60 days. If the local board neither approves nor denies the charter petition within 60 days, the inaction is automatically considered a denial of the petition. WEDNESDAY, MARCH 21, 2012 2277 This result has the effect of shutting local school boards out of the process. Committee members voiced concerns that this amount of time is inadequate for the local board to be involved in the vetting of these petitions and for potential issues in the petition to be worked out so that the school can be chartered successfully at the local level where appropriate. This commission will have the authority to create state charter schools. These schools will be chartered at the state level, which means that local taxpayers would have no choice in the state decision but would be left with the consequences. These schools will be established without the advice or approval of local school boards, and local school boards will be entirely left out of the decision-making process with respect to individual charters. Lack of Ethics Provisions While the version of HB 797 recommended by the Education and Youth Committee does include some provisions related to conflicts of interest, these provisions fail to go far enough to protect against self-dealing and corruption, especially with respect to conflicts of interest for the commission and the schools that it charters, and the governing boards of individual state commission charter schools. Under HB 797, gifts, political contributions, etc. are only barred in cases where they are given to influence the discharge of duties by that member. By not including more substantive protections, HB 797 makes all but the most blatant quid pro quo corruption possible. HB 797 fails to extend conflict of interest prohibitions to members of the appointed commission and individual schools they are chartering, or the management companies involved. Furthermore, HB 797 lacks any requirements of financial disclosure for members of the governing boards of individual state commission charter schools. Governing board members are not elected and are not state appointed officials, and thus are subject to less public scrutiny. Respectfully Submitted, /s/ Senator Vincent Fort /s/ Senator Horacena Tate /s/ Senator Freddie Powell Sims /s/ Senator Donzella James 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: 2278 JOURNAL OF THE SENATE HB 463 Do Pass HB 931 Do Pass HB 513 Do Pass HB 971 Do Pass by substitute Respectfully submitted, Senator Goggans of the 7th 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 687 Do Pass by substitute HB 933 Do Pass by substitute HB 872 Do Pass by substitute HB 1049 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 337 HB 635 HB 944 Do Pass Do Pass Do Pass HB 542 HB 928 HB 987 Do Pass Do Pass Do Pass Respectfully submitted, Senator Golden of the 8th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 899 Pursuant to Senate Rule 2-1.10(b), referred by the Senate Rules Committee to the Senate Rules Committee from the General Calendar. Respectfully submitted, Senator Balfour of the 9th District, Chairman WEDNESDAY, MARCH 21, 2012 2279 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 733 Do Pass Respectfully submitted, Senator Thompson of the 5th 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 839 Do Pass by substitute HB 1231 Do Pass HB 1238 Do Pass HB 1226 Do Pass HB 1232 Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman Mr. President: The State and Local Governmental Operations (General) Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 636 HB 929 HB 990 HB 1026 HB 1117 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass HB 844 HB 930 HB 1024 HB 1089 HB 1123 Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Miller 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: 2280 JOURNAL OF THE SENATE HB 865 Do Pass by substitute HB 1051 Do Pass by substitute HB 1052 Do Pass by substitute Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HB 100 HB 513 HB 684 HB 865 HB 930 HB 946 HB 1024 HB 1089 HB 337 HB 535 HB 687 HB 872 HB 931 HB 954 HB 1026 HB 1117 HB 386 HB 542 HB 733 HB 875 HB 932 HB 971 HB 1049 HB 1123 HB 397 HB 634 HB 744 HB 898 HB 933 HB 987 HB 1051 HB 1165 HB 456 HB 635 HB 797 HB 928 HB 944 HB 990 HB 1052 HR 1160 HB 463 HB 636 HB 844 HB 929 HB 945 HB 997 HB 1071 HR 1161 Senator Staton of the 18th introduced the doctor of the day, Dr. Guy Foulkes. The following Senators were excused for business outside the Senate Chamber: Thompson of the 33rd Tolleson of the 20th Senator Albers of the 56th asked unanimous consent that Senator Millar of the 40th be excused. The consent was granted, and Senator Millar was excused. Senator Williams of the 19th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. Senator Davis of the 22nd asked unanimous consent that Senator Ramsey of the 43rd be excused. The consent was granted, and Senator Ramsey was excused. Senator Stoner of the 6th asked unanimous consent that Senator Thompson of the 5th be excused. The consent was granted, and Senator Thompson was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Golden Gooch Grant Hamrick McKoon Mullis Murphy Orrock WEDNESDAY, MARCH 21, 2012 2281 Butler Carter, B Carter, J Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Harbison Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Paris Seay Shafer Sims Staton Stone Stoner Tate Tippins Unterman Wilkinson Williams Not answering were Senators: Loudermilk Ramsey (Excused) Thompson, S. (Excused) Millar (Excused) Rogers (Excused) Tolleson (Excused) Miller Thompson, C. (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. The President introduced the chaplain of the day, Senator Frank Ginn of Danielsville, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1196. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of Smyrna Presbyterian Church of Conyers, Georgia; and for other purposes. SR 1197. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of St. Pius X Catholic Church of Conyers, Georgia; and for other purposes. SR 1198. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of Life Church of Conyers, Georgia; and for other purposes. 2282 JOURNAL OF THE SENATE SR 1199. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of Conyers Presbyterian Church of Conyers, Georgia; and for other purposes. SR 1200. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of Trinity Baptist Church of Conyers, Georgia; and for other purposes. SR 1201. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of New Life in Christ Baptist Church of Conyers, Georgia; and for other purposes. SR 1202. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending the congregation of Epiphany Lutheran Church of Conyers, Georgia; and for other purposes. SR 1203. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending Mrs. Josephine Burdette Brown; and for other purposes. SR 1204. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending Mr. James Foon Lee on the occasion of his 90th birthday; and for other purposes. SR 1205. By Senators Ramsey, Sr. of the 43rd and Jeffares of the 17th: A RESOLUTION recognizing and commending Pastor James Cornell Ward on the occasion of his 17th pastoral anniversary; and for other purposes. SR 1206. By Senators Ramsey, Sr. of the 43rd, Jeffares of the 17th and Henson of the 41st: A RESOLUTION recognizing and commending the City of Conyers; and for other purposes. SR 1207. By Senators Cowsert of the 46th, Ginn of the 47th and Grant of the 25th: A RESOLUTION honoring the life and memory of Senior Police Officer Elmer B. "Buddy" Christian III; and for other purposes. WEDNESDAY, MARCH 21, 2012 2283 SR 1209. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Leah O'Donnell, 2012 Civilian of the Year; and for other purposes. SR 1210. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Lieutenant Kristi Peterson Wigington, 2011 Officer of the Year; and for other purposes. SR 1212. By Senator Miller of the 49th: A RESOLUTION recognizing and commending Gainesville State College's Politically Incorrect Club; and for other purposes. SR 1215. By Senators Sims of the 12th, Crosby of the 13th, Bulloch of the 11th, Golden of the 8th and Hooks of the 14th: A RESOLUTION recognizing and commending Mr. Joel Wernick; and for other purposes. SR 1216. By Senators Cowsert of the 46th and Ginn of the 47th: A RESOLUTION recognizing and commending Senior Police Officer Tony Howard; and for other purposes. SR 1218. By Senators Seay of the 34th, Davenport of the 44th, James of the 35th and Jackson of the 2nd: A RESOLUTION recognizing and commending Kyle Love; and for other purposes. SR 1219. By Senators Orrock of the 36th, Fort of the 39th, Henson of the 41st, Stoner of the 6th, Staton of the 18th and others: A RESOLUTION recognizing independent bookstores and commending independent booksellers; and for other purposes. SR 1221. By Senator Carter of the 42nd: A RESOLUTION recognizing and commending the City Schools of Decatur Board of Education; and for other purposes. 2284 JOURNAL OF THE SENATE SR 1222. By Senator Davis of the 22nd: A RESOLUTION recognizing and commending the Lucy C. Laney High School boys basketball team on their GHSA AA State Championship; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Wednesday March 21, 2012 Thirty-sixth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 839 Hamrick of the 30th Heath of the 31st PAULDING COUNTY A BILL to be entitled an Act to amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE HB 1226 Hill of the 4th CITY OF SPRINGFIELD A BILL to be entitled an Act to provide a new charter for the City of Springfield; 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 an effective date; to repeal conflicting laws; and for other purposes. WEDNESDAY, MARCH 21, 2012 2285 HB 1231 Harbison of the 15th McKoon of the 29th MUSCOGEE COUNTY A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; 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. HB 1232 Harbison of the 15th McKoon of the 29th MUSCOGEE COUNTY A BILL to be entitled an Act to amend an Act creating the Muscogee County School District, approved February 25, 1949 (Ga. L. 1949, p. 1086), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 4192), so as to change the maximum amount for which the superintendent of the board of education may make public works construction contracts; to change the maximum amount which may be expended for a public works construction contract without affording free competition; to provide that the superintendent of the board of education in an emergency may make certain contracts other than public works construction contracts; to provide for rules and regulations; to provide definitions; to repeal conflicting laws; and for other purposes. HB 1238 McKoon of the 29th CITY OF WEST POINT A BILL to be entitled an Act to authorize the governing authority of the City of West 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. The substitute to the following bill was put upon its adoption: *HB 839: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 839: 2286 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for the manner of election; to provide for qualifications; to provide for payment of expense allowance for attendance at meetings; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal 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. An Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), is amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1 to read as follows: "SECTION 1. (a) The Board of Education of Paulding County shall be composed of seven members. Any person, in order to be eligible for membership on the board, must be registered and eligible to vote for members of the General Assembly from Paulding County, must have resided in Paulding County for at least one year immediately preceding the date of election, and must reside in the education district from which such person offers as a candidate for at least six months immediately preceding the date of election. The members of the board shall be elected by the qualified electors of the entire county. The at-large member shall be a resident of Paulding County and shall be elected by the qualified voters of the entire county and shall represent District 7 which shall be composed of the entire county. (b) For the purpose of electing the six members of the board from education districts, Paulding County shall be divided into six education districts. One member of the board shall be elected from each such district. Those districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: pauldsbR-2012 Plan Type: Local Administrator: Paulding SB User: Gina'. (c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a WEDNESDAY, MARCH 21, 2012 2287 district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Paulding County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Paulding County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. Said Act is further amended by striking Section 2 in its entirety and inserting a new Section 2 to read as follows: "SECTION 2. (a) In the event that any member elected from a district ceases to be a resident of his or her respective education district during his or her term of office, a vacancy shall be created and shall be filled in the manner as provided in this Act. All members shall be nominated and elected in accordance with the provisions of Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended. (b) The members of the board in office on the effective date of this section shall continue in office for the terms to which they were elected and until successors are elected and qualified as provided in this section. (c) The members of the Board of Education of Paulding County from Education Districts 2, 5, and 6 shall be elected in the general election in November 2014. Such members shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (d) The members of the Board of Education of Paulding County from Education Districts 1, 3, and 4 shall be elected in the general election in November 2012. Such members shall take office on January 1 following their election for a term of four years and until their successors are elected and qualified. (e) The member of the Board of Education of Paulding County from Education District 7 shall be elected in the general election in November 2012. Such member shall take office on January 1 following his or her election for a term of four years and until his or her successor is elected and qualified. 2288 JOURNAL OF THE SENATE (f) Successors to members elected under subsections (c), (d), and (e) of this section shall be elected at the general election next preceding the expiration of such terms of office and shall take office on January 1 following their election for terms of four years and until their successors are elected and qualified. (g) Education Districts 1, 2, 3, 4, 5, 6, and 7 as they exist immediately prior to the effective date of this section shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this Act, and, on and after the effective date of this section, such members of the board serving from former Education Districts 1, 2, 3, 4, 5, 6, and 7 shall be deemed to be serving from and representing Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, as newly described under this section." SECTION 3. The Board of Education of Paulding County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date, this Act shall be void and stand repealed in its entirety. SECTION 5. The provisions of this section and Section 2 of this Act, relating to and necessary for the regular election in 2012 of members of the Board of Education of Paulding County, shall become effective upon its approval by the Governor or upon its becoming law without such approval; and this Act shall otherwise become effective January 1, 2013. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Plan: pauldsbR-2012 Plan Type: Local Administrator: Paulding SB User: Gina District 001 Paulding County VTD: 22303 - MOSES MIDDLE SC VTD: 22312 - EAST PAULDING HIGH VTD: 22320 - C A ROBERTS ELEM WEDNESDAY, MARCH 21, 2012 VTD: 22323 - EAST PAULDING VTD: 22324 - DALLAS 1ST BAPTIST 120102: 1035 1036 1037 1038 120103: 1016 1017 1018 1019 1020 120301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1060 VTD: 22326 - PICKETTS MILL 120102: 2034 2035 2036 2038 2041 2042 2043 District 002 Paulding County VTD: 22301 - PAULDING CO HIGH 120501: 1038 1039 1040 1041 VTD: 22305 - HIRAM COMMUNITY 120202: 2048 2058 2059 2060 2068 2069 2070 2071 2072 120501: 2026 2027 2028 2029 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2056 2057 2058 2059 2060 2064 2065 2066 2067 2068 2069 2073 2074 2075 2076 2077 2078 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 120503: 2000 2009 2010 2018 120603: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 2000 2001 2002 2003 2007 VTD: 22315 - DOBBINS MIDDLE VTD: 22316 - PANTER ELEMENTARY VTD: 22319 - HIRAM HIGH 120302: 2069 120501: 1004 1005 1006 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1035 1036 1037 1042 1043 2079 2080 2081 120503: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1021 1022 1023 1024 1025 1026 1027 1028 2001 2002 2003 2004 2005 2006 2007 2008 2011 2012 2013 2289 2290 JOURNAL OF THE SENATE 2014 2015 2016 2017 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 VTD: 22327 - AUSTIN MIDDLE SCHOOL 120602: 2009 2010 2011 2012 4008 District 003 Paulding County VTD: 22301 - PAULDING CO HIGH 120302: 2042 2043 2044 2045 2046 2064 2065 2066 2067 2071 2072 2073 2074 2075 2076 2077 2078 2079 2089 2090 2091 2092 3130 3131 3133 3134 3135 3151 3152 3153 3154 3155 3156 3157 4043 4048 4049 4050 4051 4052 4053 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 120501: 1031 1032 1033 1034 VTD: 22302 - DALLAS FIRST UM 120302: 2086 2087 2088 3036 3038 3045 3046 3047 3048 3049 3050 3051 3052 3053 3058 3063 3064 3065 3088 3089 3090 3091 3092 3093 3094 3095 3096 3097 3098 3099 3100 3101 3102 3103 3104 3105 3106 3107 3108 3109 3110 3111 3112 3113 3114 3115 3116 3117 3118 3119 3120 3121 3122 3123 3124 3125 3126 3127 3128 3129 3132 3136 3137 3138 3139 3140 3141 3143 3146 3147 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4042 4054 4055 4056 120303: 1010 1011 VTD: 22304 - MCGARITY ELEM VTD: 22305 - HIRAM COMMUNITY 120202: 2009 2044 2047 2049 2066 2067 VTD: 22318 - ALLGOOD VTD: 22324 - DALLAS 1ST BAPTIST 120301: 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1061 1062 1063 1064 1065 1066 1067 2003 2010 2011 2012 2013 2014 2015 2016 2017 2018 2024 120302: 4038 4039 4040 4041 4044 4045 4046 4047 VTD: 22328 - HOPE CHURCH WEDNESDAY, MARCH 21, 2012 District 004 Paulding County VTD: 22306 - P B RITCH ELEM VTD: 22307 - SOUTH PAULDING 120502: 4001 4002 4011 120605: 1006 1007 1008 1009 1019 1020 1021 1022 1031 1050 VTD: 22314 - NEBO ELEMENTARY VTD: 22319 - HIRAM HIGH 120503: 1032 VTD: 22321 - BETHANY CHRIST CHURCH VTD: 22327 - AUSTIN MIDDLE SCHOOL 120602: 1000 1001 1002 1003 1004 1005 1006 2001 2003 4000 4001 4002 4003 4004 4005 4006 4007 4009 120605: 1024 1025 1026 1027 1028 1040 1041 1042 1064 District 005 Paulding County VTD: 22302 - DALLAS FIRST UM 120302: 1008 1009 1011 3008 3009 3010 3012 3016 3017 3019 3022 3023 3025 3027 3028 3029 3030 3031 3032 3033 3037 3039 3040 3041 3042 3043 3044 3054 3055 3056 3057 3060 3061 3062 3068 3069 3070 3077 3078 3081 3082 3083 3084 3085 3086 3087 3145 3158 4000 4001 4002 4003 4004 4005 4006 4007 4018 4068 VTD: 22307 - SOUTH PAULDING 120400: 3000 3001 3002 3003 3005 3006 3007 3010 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 120605: 1000 1001 1002 1003 1004 1005 1032 1033 1034 VTD: 22308 - UNION ELEMENTARY VTD: 22309 - BEULAHLAND BAPTIST VTD: 22313 - NORTHSIDE ELEMENTARY VTD: 22317 - NEW GEORGIA BAPTIST VTD: 22325 - POOLE ELEMENTARY District 006 Paulding County VTD: 22310 - MCCLURE MIDDLE VTD: 22311 - SHELTON ELEMENTARY 2291 2292 JOURNAL OF THE SENATE VTD: 22322 - RUSSOM ELEMENTARY VTD: 22326 - PICKETTS MILL 120101: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 120102: 2006 2007 2008 2009 2011 2014 2015 2016 2017 2018 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2037 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: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C E Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Williams On the passage of the local bills, the yeas were 44, nays 1. The bills on the Local Consent Calendar, except HB 839, having received the requisite constitutional majority, were passed. HB 839, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 21, 2012 2293 Senator Grant of the 25th recognized Trooper First Class Thomas Kustra, commended by SR 955, adopted previously. Trooper First Class Thomas Kustra addressed the Senate briefly. Senator Grant of the 25th recognized School Resource Officer Mark Hopper, commended by SR 956, adopted previously. School Resource Officer Mark Hopper addressed the Senate briefly. Senator Grant of the 25th recognized School Resource Officer Shane Hope, commended by SR 957, adopted previously. School Resource Officer Shane Hope addressed the Senate briefly. Senator Unterman of the 45th recognized Stan L. Hall on the occasion of his retirement, commended by SR 815, adopted previously. Stan L. Hall addressed the Senate briefly. Senator Tate of the 38th recognized Eta Phi Beta Sorority, Inc., on the occasion of its 70th anniversary, commended by SR 1164, adopted previously. Nora Coles addressed the Senate briefly. Senator Henson of the 41st was excused for business outside the Senate Chamber. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR WEDNESDAY, MARCH 21, 2012 THIRTY-SIXTH LEGISLATIVE DAY HB 93 Code enforcement boards; code enforcement officers; change definition (SLGO(G)-56th) Taylor-79th HB 183 General Assembly members; members of Georgia Legislative Retirement System; provisions (RET-54th) Maxwell-17th HB 208 Employees' Retirement System of Georgia; define a certain term (RET-54th) Maxwell-17th HB 237 Residential mortgage fraud; mortgage lending process; revise definition (Substitute) (JUDY-23rd) Golick-34th HB 434 Social workers; requirements for licensure; revise provisions (H&HS-45th) Dempsey-13th HB 711 Evidence; privileges; change provisions (JUDY-30th) Lindsey-54th 2294 JOURNAL OF THE SENATE HB 742 General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 (Substitute) (APPROP-4th) Ralston-7th HB 785 Insurance; limitations on licensure requirements for certain health care providers; provide (I&L-7th) Peake-137th HB 845 Early care and education programs; influenza vaccine; provide information (ED&Y-23rd) Watson-163rd HB 897 Georgia Workforce Investment Board; revise provisions (ECD-1st) Harden-28th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 93. By Representatives Taylor of the 79th, Jacobs of the 80th, Parent of the 81st, Huckaby of the 113th, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local government code enforcement boards created on or after January 1, 2003, so as to change a definition for purposes of said article; to change certain references to "code inspectors" to "code enforcement officers" in said article; to amend Code Section 41-2-7 of the Official Code of Georgia Annotated, relating to power of counties and municipalities to repair, close, or demolish unfit buildings or structures, health hazards on private property, and properties affected, so as to provide for findings by code enforcement officers; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris E Ramsey WEDNESDAY, MARCH 21, 2012 2295 Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Grant E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 45, nays 1. HB 93, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th was excused for business outside the Senate Chamber. HB 183. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Greene of the 149th, 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 provide that all persons who become members of the General Assembly on or after July 1, 2012, shall become members of the Georgia Legislative Retirement System; to provide that persons who are members of the General Assembly on July 1, 2012, but who are not members of the retirement system may elect membership; to provide for creditable service and the payment of the full actuarial value; to repeal certain obsolete provisions relative to membership by certain staff members; to provide for notification of return to service; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The following Fiscal Notes, as required by law, were read by the Secretary: 2296 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 December 13, 2010 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 183 (LC 21 0920) Dear Representative Maxwell: This bill would amend provisions relating to membership in the Georgia Legislative Retirement System. Specifically, this bill would require all persons who first or again become a member of the General Assembly on or after July 1, 2012 to become a member of the Georgia Legislative Retirement System. Currently, members of the General Assembly may elect not to be a member of this System. Additionally, under the provisions of this bill, any person who is a member of the General Assembly, and previously elected not to be a member of the System, may make an irrevocable election to join this System. Such persons would be authorized to obtain creditable service for prior service as a member of the General Assembly, provided they pay the full actuarial cost of the service. This bill would also amend provisions relating to the termination of retirement benefits upon return to service for retired members of Georgia Legislative Retirement System. Currently, retired members may continue to receive retirement benefits if they return to work for the State, provided they do not exceed 1,040 work hours annually. If this legislation is enacted, any `public employer' would be required to notify the Board of Trustees if they hire a retired plan member. Such notification must be done within 30 days of the acceptance for employment, and must indicate the number of work hours the retiree expects to work on an annual basis. If the Board of Trustees is not properly notified, either the retired member or the employer will be held liable for any overpayment of benefits made to the retired member. WEDNESDAY, MARCH 21, 2012 2297 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 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 3, 2011 Honorable Howard Maxwell, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation House Bill 183 (LC 21 0920) Georgia Legislative Retirement System Dear Chairman Maxwell: This bill would amend provisions relating to membership in the Georgia Legislative Retirement System. Specifically, this bill would require all persons who first or again become a member of the General Assembly on or after July 1, 2012 to become a member of the Legislative Retirement System. Additionally, any person who is currently a member of the General Assembly, and previously elected not to be a member of the System, may make an irrevocable election to join the System and obtain creditable service for prior service as a member of the General Assembly, provided they pay full actuarial cost of such prior service. Finally, this bill would require any "public employer" to notify the Board of Trustees within 30 days of hiring a retired member of the Legislative Retirement System and to communicate to the Board of Trustees the number of hours the retiree expects to work on an annual basis. If the Board of Trustees 2298 JOURNAL OF THE SENATE is not properly notified, either the retired member or the employer will be held liable for any overpayment of benefits made to the retired member. This bill would not result in any additional cost to the Georgia Legislative Retirement System since the member would be required to pay the full actuarial cost of any creditable service for which they are granted. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability of the Georgia Legislative Retirement System as a result of this legislation. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 0 (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ 0 (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. N/A (4) The amount of the annual normal cost which will result from the bill. $ 0 (5) The employer contribution rate currently in effect. $ 0 (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $ 0 (7) The total dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Respectfully, /s/ Russell W. Hinton State Auditor WEDNESDAY, MARCH 21, 2012 2299 Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 16, 2012 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 183 (LC 21 1678S) Dear Representative Maxwell: This substitute bill would amend provisions relating to membership in the Georgia Legislative Retirement System. Specifically, this bill would allow each person who first or again becomes a member of the General Assembly on or after July 1, 2012 to make an irrevocable election at the beginning of each term of office to become a member of the Georgia Legislative Retirement System. This election must be made within two months of taking office as a member of the General Assembly. Any member of the System who is elected to a consecutive term of office shall be deemed to have had continuous membership service from term to term. Additionally, under the provisions of this bill, any person who is a member of the General Assembly serving on July 1, 2012, and previously elected not to be a member of the System, may make an irrevocable election to join this System. Such persons would be authorized to obtain creditable service for prior service as a member of the General Assembly, provided they pay the full actuarial cost of the service. This bill would also amend provisions relating to the termination of retirement benefits upon return to service for retired members of Georgia Legislative Retirement System. Currently, retired members may continue to receive retirement benefits if they return to work for the State, provided they do not exceed 1,040 work hours annually. If this 2300 JOURNAL OF THE SENATE legislation is enacted, any `public employer' would be required to notify the Board of Trustees if they hire a retired plan member. Such notification must be done within 30 days of the acceptance for employment, and must indicate the number of work hours the retiree expects to work on an annual basis. If the Board of Trustees is not properly notified, either the retired member or the employer will be held liable for any overpayment of benefits made to the retired member. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation prepared for House Bill 183 (LC 21 0920) would apply to this bill. A copy of the actuarial investigation and State Auditor's Summary for House Bill 183 (LC 21 0920) is attached. 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: Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk N McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams WEDNESDAY, MARCH 21, 2012 2301 On the passage of the bill, the yeas were 43, nays 6. HB 183, having received the requisite constitutional majority, was passed. HB 208. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Code Section 47-2-1 of the Official Code of Georgia Annotated, relating to definitions relative to the Employees' Retirement System of Georgia, so as to define a certain term; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 21, 2012 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 208 (LC 21 1696S) Dear Representative Maxwell: This substitute bill would amend provisions relating to the employment of retired teachers under the Teachers Retirement System. Currently, a retired teacher may return to full-time service as a classroom teacher, principal, superintendent, media specialist, or 2302 JOURNAL OF THE SENATE counselor and continue to receive retirement benefits. The provisions allowing this, however, will be automatically repealed on June 30, 2016. This legislation would change the automatic repeal date to June 30, 2013. This is to certify that this substitute bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath E Henson N Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 2. HB 208, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Davis of the 22nd Golden of the 8th WEDNESDAY, MARCH 21, 2012 2303 HB 237. By Representatives Golick of the 34th, Morris of the 155th, Hatfield of the 177th, Ramsey of the 72nd and Setzler of the 35th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as revise the definition of "mortgage lending process"; to provide for investigative and subpoena powers of district attorneys and the Attorney General relative to residential mortgage fraud; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. The Senate Judiciary Committee offered the following substitute to HB 237: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as revise the definition of "mortgage lending process"; to change provisions relating to the offense of mortgage 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. Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, is amended by revising paragraph (1) of Code Section 16-8101, relating to definitions, as follows: "(1) 'Mortgage lending process' means the process through which a person seeks or obtains a residential mortgage loan including, but not limited to, solicitation, application, or origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. Such term shall also include the execution of deeds under power of sale that are required to be recorded pursuant to Code Section 44-14-160 and the execution of assignments that are required to be recorded pursuant to subsection (b) of Code Section 44-14-162. Documents involved in the mortgage lending process include, but are shall not be limited to, uniform residential loan applications or other loan applications; appraisal reports; HUD-1 settlement statements; supporting personal documentation for loan applications such as W-2 forms, verifications of income and employment, bank statements, tax returns, and payroll stubs; and any required disclosures." SECTION 2. Said article is further amended by revising the undesignated paragraph at the end of Code Section 16-8-102, relating to the offense of residential mortgage fraud, as follows: 2304 JOURNAL OF THE SENATE "An offense of residential mortgage fraud shall not be predicated solely upon information lawfully disclosed under federal disclosure laws, regulations, and interpretations related to the mortgage lending process nor upon truthful information contained in documents filed with the official registrar of deeds of any county of this state for the stated purpose of correcting scrivener's errors, mistakes, inadvertent misstatements, or omissions contained in previously filed documents." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner Y Tate E Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 237, having received the requisite constitutional majority, was passed by substitute. WEDNESDAY, MARCH 21, 2012 2305 The following communication was received by the Secretary: Committees: Senator Jesse Stone Banking and Financial Institutions District 23 Education and Youth 320-B Coverdell Legislative Office Building Higher Education Atlanta, GA 30334 Judiciary The State Senate Atlanta, Georgia 30334 3-21-12 To: Secretary of Senate From: Sen. Jesse Stone Please record a vote by me in favor of HB 237, a bill that I carried. I was temporarily distracted at the time of vote. /s/ Jesse Stone Senator Tippins of the 37th recognized the McEachern High School girls basketball team on their Class AAAAA State Championship, commended by SR 1189, adopted previously. Coach Phyllis Arthur addressed the Senate briefly. The Calendar was resumed. HB 434. By Representatives Dempsey of the 13th, Rynders of the 152nd, Purcell of the 159th, Kaiser of the 59th, Sims of the 119th and others: A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise a definition; to revise provisions relating to requirements for licensure in social work; 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: 2306 JOURNAL OF THE SENATE Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 2. HB 434, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th assumed the Chair. HB 711. By Representatives Lindsey of the 54th, Atwood of the 179th, Houston of the 170th, Benfield of the 85th and Jacobs of the 80th: A BILL to be entitled an Act to amend Chapter 5 of the Title 24 of the Official Code of Georgia Annotated, relating to privileges, so as to change provisions relating to spousal privilege in criminal proceedings; to provide certain exceptions to the general rule of privilege; to provide for confidentiality of communications between a family violence or sexual assault victim and agents providing services to such victims at family violence shelters and rape crisis centers; to provide for definitions; to provide for a waiver of confidentiality; to provide for admissibility of certain information; to provide for exceptions; to provide for procedure; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. WEDNESDAY, MARCH 21, 2012 2307 Senators Hill of the 32nd, Crosby of the 13th, Cowsert of the 46th, Jackson of the 24th, Ligon, Jr. of the 3rd and Stone of the 23rd offered the following amendment #1: Amend HB 711 by revising line 17 as follows: (b) Except as provided in subsection (c) of this Code section, the The privilege created by subsection (a) of this Code section or by corresponding By deleting the quotation mark at the end of line 27 and inserting between lines 27 and 28 the following: (c) With respect to compelling testimony as set forth in paragraphs (2) through (4) of subsection (b) of this Code section, if the accused has not previously been arrested for a crime involving the same spouse prior to compelling testimony of the spouse, the court shall conduct a hearing to determine whether or not such testimony should be compelled taking into consideration all of the facts and circumstances of the case including, but not limited to, the use of coercion, intimidation, or threats to force the spouse not to testify." The President resumed the Chair. On the adoption of the amendment, Senator Carter of the 42nd called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch N Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort N Ginn Y Goggans N Golden N Gooch N Grant N Hamrick N Harbison Y Heath E Henson N Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James N Jeffares N Jones Y Ligon Y Loudermilk N McKoon N Millar N Miller Y Mullis N Murphy N Orrock N Paris E Ramsey N Rogers N Seay N Shafer N Sims Y Staton Stone N Stoner N Tate N Thompson, C N Thompson, S N Tippins N Tolleson N Unterman N Wilkinson Y Williams 2308 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 13, nays 39, and the Hill of the 32nd, 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 1. HB 711, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused for business outside the Senate Chamber. HB 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. Senate Sponsor: Senator Hill of the 4th. WEDNESDAY, MARCH 21, 2012 2309 SENATE APPROPRIATIONS COMMITTEE SUBSTITUTE TO H.B. 742 A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013; to make and provide such appropriations for the operation of the State government and its departments, boards, bureaus, commissions, institutions, and other agencies, for the university system, common schools, counties, municipalities, and political subdivisions, 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, 2012, and ending June 30, 2013, as prescribed hereinafter for such fiscal year: HB 742 (FY 2013G) Governor House SAC Revenue Sources Available for Appropriation TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Health Info Tech Professionals CFDA93.721 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 $19,224,524,133 $19,229,094,714 $19,233,665,295 $16,814,221,256 $16,814,221,256 $16,818,791,837 $969,649,334 $969,649,334 $969,649,334 $904,439,791 $904,439,791 $904,439,791 $145,640,765 $145,640,765 $145,640,765 $2,396,580 $2,396,580 $2,396,580 $152,874,380 $157,444,961 $157,444,961 $235,302,027 $235,302,027 $235,302,027 $10,646,904,343 $11,289,605,671 $11,297,652,043 $2,911,676,481 $3,461,927,392 $3,461,879,588 $20,959,508 $20,959,508 $20,959,508 $93,207,077 $93,207,077 $93,207,077 $130,957,733 $130,957,733 $130,957,733 $14,163,709 $14,163,709 $14,163,709 $17,282,159 $17,282,159 $17,282,159 2310 JOURNAL OF THE SENATE 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 Prevention & Treatment of Substance Abuse Grant CFDA93.959 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 FFIND 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 FFIND Temp. Assistance for Needy Families 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 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 Specialty License Plate Revenues Sanctions, Fines, and Penalties $1,143,641,430 $77,604,639 $24,827,737 $20,031,465 $5,420,005,318 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $273,383,425 $331,594,669 $331,594,669 $15,383,070 $9,551,600 $5,264,936,172 $8,146,958 $8,146,958 $12,336,367 $12,336,367 $3,706,288 $3,706,288 $2,349,207,025 $214,057,828 $2,135,149,197 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,644,407,146 $435,771 $2,642,955,247 $1,016,128 $13,055,304 $1,143,641,430 $77,146,122 $24,827,737 $20,031,465 $5,512,914,252 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $273,383,425 $331,594,669 $331,594,669 $15,383,070 $9,551,600 $5,264,468,235 $8,146,958 $8,146,958 $12,336,367 $12,336,367 $3,706,288 $3,706,288 $2,349,207,025 $214,057,828 $2,135,149,197 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,643,939,209 $435,771 $2,642,487,310 $1,016,128 $13,055,304 $1,143,641,430 $77,146,122 $24,827,737 $20,031,465 $5,521,008,428 $51,480,893 $2,226,545 $52,945,743 $35,981,142 $273,383,425 $331,594,669 $331,594,669 $15,383,070 $9,551,600 $5,264,568,235 $8,146,958 $8,146,958 $12,336,367 $12,336,367 $3,706,288 $3,706,288 $2,349,207,025 $214,057,828 $2,135,149,197 $232,408,802 $232,408,802 $1,668,282 $1,668,282 $2,644,039,209 $435,771 $2,642,587,310 $1,016,128 $13,055,304 WEDNESDAY, MARCH 21, 2012 Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments Income from DECAL for Supplemental Childcare Services Central State Hospital Food and Utility Sales Indemnification Funds Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases Liability Funds Loss Control Funds Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Optional Medicaid Services Payments Property Insurance Funds Rental Payments for GBA Facilities 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 National School Lunch Program CFDA10.555 FF Water Quality Management Planning CFDA66.454 Federal Funds Indirect 2311 $13,055,304 $3,579,691,774 $3,572,341,301 $12,910,825 $1,451,269 $8,004,437 $3,007,087,150 $2,500,000 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $250,719 $9,806,920 $203,686 $280,857,262 $23,019,185 $727,045 $46,751,671 $2,621,163 $18,166,404 $89,100,000 $16,410 $16,410 $6,982,905 $1,802,127 $1,531,226 $48,098 $3,353,096 $248,358 $351,158 $13,055,304 $3,579,691,774 $3,572,341,301 $12,910,825 $1,451,269 $8,004,437 $3,007,087,150 $2,500,000 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $250,719 $9,806,920 $203,686 $280,857,262 $23,019,185 $727,045 $46,751,671 $2,621,163 $18,166,404 $89,100,000 $16,410 $16,410 $6,982,905 $1,802,127 $1,531,226 $48,098 $3,353,096 $248,358 $351,158 $13,055,304 $3,583,441,310 $3,575,690,837 $12,910,825 $1,300,805 $8,004,437 $3,010,587,150 $2,500,000 $2,357,130 $716,378 $34,350,000 $1,967,074 $28,427,991 $443,253 $250,719 $9,806,920 $203,686 $280,857,262 $23,019,185 $727,045 $46,751,671 $2,621,163 $18,166,404 $89,100,000 $416,410 $416,410 $6,982,905 $1,802,127 $1,531,226 $48,098 $3,353,096 $248,358 $351,158 2312 JOURNAL OF THE SENATE FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS Changes in Fund Availability TOTAL STATE FUNDS State General Funds State Motor Fuel Funds Lottery Proceeds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Health Info Tech Professionals CFDA93.721 Foster Care Title IV-E CFDA93.658 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 Temporary Assistance for Needy Families Grant CFDA93.558 FFIND Temp. Assistance for Needy Families CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized $351,158 $351,158 $351,158 $35,136,364,648 $35,783,168,620 $35,795,885,573 $928,692,280 $933,262,861 $937,833,442 $834,863,485 $834,863,485 $839,434,066 $62,412,039 $62,412,039 $62,412,039 ($8,931,034) ($8,931,034) ($8,931,034) $7,168,498 $7,168,498 $7,168,498 $462,872 $462,872 $462,872 $21,552,441 $26,123,022 $26,123,022 $11,163,979 $11,163,979 $11,163,979 $417,087,239 $1,059,788,567 $1,067,834,939 ($24,053,545) $526,197,366 $526,149,562 $20,959,508 $20,959,508 $20,959,508 $2,052,982 $1,594,465 $1,594,465 $137,500 $137,500 $137,500 $419,067,194 $511,976,128 $520,070,304 $200,470 $200,470 $200,470 $74,159,993 $74,159,993 $74,159,993 ($57,757,922) ($57,757,922) ($57,757,922) ($31,957,922) ($31,957,922) ($31,957,922) ($8,973,002) ($8,973,002) ($8,973,002) ($8,705,939) ($8,705,939) ($8,705,939) ($17,859,930) ($18,327,867) ($18,227,867) ($4,531,557) ($4,531,557) ($4,531,557) ($4,531,557) ($4,531,557) ($4,531,557) $251,245 $251,245 $251,245 $251,245 $251,245 $251,245 $496,301 $496,301 $496,301 $496,301 $496,301 $496,301 ($14,075,919) ($14,543,856) ($14,443,856) ($7,575,919) ($8,043,856) ($7,943,856) WEDNESDAY, MARCH 21, 2012 2313 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Health Insurance Payments Mail and Courier Services Merit System Assessments Retirement Payments Unemployment Compensation Funds Workers Compensation Funds Agency Funds Transfers Agency Fund Transfers Not Itemized Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS Reconciliation of Fund Availability to Fund Application 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 ($72,881,691) ($72,881,691) ($69,132,155) ($71,621,329) ($71,621,329) ($68,271,793) $717,926 $717,926 $717,926 $150,464 $150,464 $0 ($225,000) ($225,000) ($225,000) ($98,969,453) ($98,969,453) ($95,469,453) ($1,079,669) ($1,079,669) ($1,079,669) $2,248,320 $2,248,320 $2,248,320 $593,907 $593,907 $593,907 $2,500,000 $2,500,000 $2,500,000 $22,775,606 $22,775,606 $22,775,606 ($1,611,520) ($1,611,520) ($1,211,520) ($1,611,520) ($1,611,520) ($1,211,520) $351,158 $351,158 $351,158 $351,158 $351,158 $351,158 $1,255,037,898 $1,901,841,870 $1,918,308,359 Section Total - Continuation $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 Section Total - Final $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,266,366 $10,374,470 $10,374,470 $10,374,470 Continuation Budget $1,187,278 $1,187,278 $1,187,278 2314 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 $1,187,278 1.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $16,827 1.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $32,290 1.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($75) 1.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,652) 1.5 Increase funds for general liability premiums. State General Funds $302 1.6 Reduce funds for operations. State General Funds ($22,729) 1.100 -Lieutenant Governor's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,187,278 $1,187,278 $1,187,278 Appropriation (HB 742) $1,187,278 $1,212,241 $1,187,278 $1,212,241 $1,187,278 $1,212,241 Continuation Budget $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 $1,080,389 2.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $12,090 WEDNESDAY, MARCH 21, 2012 2315 2.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds 2.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds 2.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds 2.5 Increase funds for general liability premiums. State General Funds $23,200 ($55) ($1,202) $201 2.100 -Secretary of the Senate's Office TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,080,389 $1,080,389 $1,080,389 Appropriation (HB 742) $1,080,389 $1,114,623 $1,080,389 $1,114,623 $1,080,389 $1,114,623 Continuation Budget $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 $7,073,613 3.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $78,765 3.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $44,901 3.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($370) 3.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($8,112) 2316 JOURNAL OF THE SENATE 3.5 Increase funds for general liability premiums. State General Funds 3.6 Transfer funds from the Senate program to the Senate Budget and Evaluation Office program. State General Funds 3.7 Reduce funds for operations. State General Funds $2,768 ($35,000) ($108,118) 3.100 -Senate TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $7,073,613 $7,073,613 $7,073,613 Appropriation (HB 742) $7,073,613 $7,048,447 $7,073,613 $7,048,447 $7,073,613 $7,048,447 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 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 $925,086 4.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $13,838 4.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,554 4.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($69) 4.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,502) 4.5 Increase funds for general liability premiums. State General Funds $252 WEDNESDAY, MARCH 21, 2012 2317 4.6 Transfer funds from the Senate program to the Senate Budget and Evaluation Office program. State General Funds $35,000 4.100 -Senate Budget and Evaluation Office Appropriation (HB 742) The purpose of this appropriation is to provide budget development and evaluation expertise to the State Senate. TOTAL STATE FUNDS $925,086 $925,086 $999,159 State General Funds $925,086 $925,086 $999,159 TOTAL PUBLIC FUNDS $925,086 $925,086 $999,159 Section 2: Georgia House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $18,540,176 $18,540,176 $18,540,176 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 House of Representatives Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 $18,540,176 5.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $194,089 $194,089 5.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $170,807 $170,807 5.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. 2318 JOURNAL OF THE SENATE State General Funds 5.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds 5.5 Increase funds for general liability premiums. State General Funds 5.6 Reduce funds for operations. State General Funds ($651) ($651) ($14,271) ($14,271) $6,920 $6,920 ($265,261) ($265,261) 5.100-House of Representatives TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $18,540,176 $18,540,176 $18,540,176 Appropriation (HB 742) $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 $18,631,809 Section 3: Georgia General Assembly Joint Offices TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 $9,994,033 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $9,994,033 $9,994,033 $9,994,033 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 $10,036,991 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 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 $4,903,201 WEDNESDAY, MARCH 21, 2012 2319 6.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $27,126 $27,126 6.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $36,685 $36,685 6.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $7,056 $7,056 6.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($123) ($123) 6.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($2,704) ($2,704) 6.6 Increase funds for general liability premiums. State General Funds $453 $453 6.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($15,104) ($15,104) 6.8 Reduce funds for operations. State General Funds ($148,698) ($148,698) 6.100 -Ancillary Activities The purpose of this appropriation is to provide services for the legislative branch of government. TOTAL STATE FUNDS $4,903,201 State General Funds $4,903,201 TOTAL PUBLIC FUNDS $4,903,201 Appropriation (HB 742) $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 $4,807,892 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 $2,244,125 $2,244,125 $2,244,125 2320 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 $2,244,125 7.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $18,313 $18,313 7.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $24,766 $24,766 7.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($89) ($89) 7.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,953) ($1,953) 7.5 Increase funds for general liability premiums. State General Funds $327 $327 7.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,668 $4,668 7.100-Legislative Fiscal Office Appropriation (HB 742) 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 $2,244,125 $2,290,157 $2,290,157 State General Funds $2,244,125 $2,290,157 $2,290,157 TOTAL PUBLIC FUNDS $2,244,125 $2,290,157 $2,290,157 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 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 $2,846,707 WEDNESDAY, MARCH 21, 2012 2321 8.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $40,724 $40,724 8.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $55,073 $55,073 8.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($185) ($185) 8.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($4,056) ($4,056) 8.5 Increase funds for general liability premiums. State General Funds $679 $679 8.100 -Office of Legislative Counsel Appropriation (HB 742) The purpose of this appropriation is to provide bill-drafting services, advice and counsel for members of the General Assembly. TOTAL STATE FUNDS $2,846,707 $2,938,942 $2,938,942 State General Funds $2,846,707 $2,938,942 $2,938,942 TOTAL PUBLIC FUNDS $2,846,707 $2,938,942 $2,938,942 Section 4: Audits and Accounts, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $29,426,906 $29,426,906 $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $1,120,190 $30,547,096 $30,547,096 $29,426,906 $29,426,906 $1,120,190 $1,120,190 $1,120,190 $30,547,096 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Section Total - Final $29,426,906 $29,426,906 $338,710 $30,450,223 $30,450,223 $338,710 $30,550,223 $30,550,223 $338,710 2322 JOURNAL OF THE SENATE Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $338,710 $338,710 $29,765,616 $338,710 $338,710 $30,788,933 $338,710 $338,710 $30,888,933 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 $25,605,609 $25,605,609 $1,120,190 $1,120,190 $1,120,190 $26,725,799 9.1 Reduce funds. Intergovernmental Transfers Not Itemized ($781,480) ($781,480) ($781,480) 9.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $368,884 $368,884 9.3 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $529,757 $529,757 9.4 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($29,757) ($29,757) 9.5 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($16,791) ($16,791) WEDNESDAY, MARCH 21, 2012 2323 9.6 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $18,300 9.7 Increase funds for general liability premiums. State General Funds $21,681 9.8 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $2,599 9.9 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($17,472) $18,300 $21,681 $2,599 ($17,472) 9.100 -Audit and Assurance Services Appropriation (HB 742) 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 $25,605,609 $26,482,810 $26,482,810 State General Funds $25,605,609 $26,482,810 $26,482,810 TOTAL AGENCY FUNDS $338,710 $338,710 $338,710 Intergovernmental Transfers $338,710 $338,710 $338,710 Intergovernmental Transfers Not Itemized $338,710 $338,710 $338,710 TOTAL PUBLIC FUNDS $25,944,319 $26,821,520 $26,821,520 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 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 $1,587,057 2324 JOURNAL OF THE SENATE 10.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $20,910 $20,910 10.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $30,246 $30,246 10.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $755 $755 10.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $822 $822 10.5 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $116 $116 10.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($704) ($704) 10.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all Department programs. TOTAL STATE FUNDS $1,587,057 State General Funds $1,587,057 TOTAL PUBLIC FUNDS $1,587,057 Appropriation (HB 742) $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 $1,639,202 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 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 $242,758 11.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,973 $1,973 WEDNESDAY, MARCH 21, 2012 2325 11.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,830 11.3 Increase funds for new contract funding for the preparation of legislative fiscal notes. State General Funds $2,830 $100,000 11.100 -Legislative Services Appropriation (HB 742) 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 $242,758 $247,561 $347,561 State General Funds $242,758 $247,561 $347,561 TOTAL PUBLIC FUNDS $242,758 $247,561 $347,561 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 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 $1,991,482 12.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $29,199 $29,199 12.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $40,926 $40,926 12.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,320) ($1,320) 2326 JOURNAL OF THE SENATE 12.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,439 12.5 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $204 12.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,280) $1,439 $204 ($1,280) 12.100 -Statewide Equalized Adjusted Property Tax Digest Appropriation (HB 742) 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 $1,991,482 $2,060,650 $2,060,650 State General Funds $1,991,482 $2,060,650 $2,060,650 TOTAL PUBLIC FUNDS $1,991,482 $2,060,650 $2,060,650 Immigration Enforcement Review Board Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 800.1 Increase funds for operations for the Immigration Enforcement Review Board. State General Funds $20,000 $20,000 800.99 SAC: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. House: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. State General Funds $0 $0 WEDNESDAY, MARCH 21, 2012 2327 800.100-Immigration Enforcement Review Board Appropriation (HB 742) The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. TOTAL STATE FUNDS $20,000 $20,000 State General Funds $20,000 $20,000 TOTAL PUBLIC FUNDS $20,000 $20,000 Section 5: Appeals, Court of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $13,357,490 $13,357,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $150,000 $150,000 $150,000 $13,507,490 $13,507,490 $13,357,490 $13,357,490 $150,000 $150,000 $150,000 $13,507,490 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $13,909,433 $13,909,433 $150,000 $150,000 $150,000 $14,059,433 $14,072,000 $14,072,000 $150,000 $150,000 $150,000 $14,222,000 $14,028,000 $14,028,000 $150,000 $150,000 $150,000 $14,178,000 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 $13,357,490 $13,357,490 $150,000 $13,357,490 $13,357,490 $150,000 $13,357,490 $13,357,490 $150,000 2328 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $13,507,490 $150,000 $150,000 $13,507,490 $150,000 $150,000 $13,507,490 13.1 Increase funds for one vacant central staff attorney position. State General Funds $161,925 $161,925 $161,925 13.2 Increase funds for the printing costs due to a new Chief Judge. State General Funds $2,750 $0 $0 13.3 Increase funds to cover rate changes in the Employees' Retirement System for Appellate Judges and regular employees. State General Funds $340,018 $0 $0 13.4 Increase funds for raised insurance costs due to rate increase and additional assets to be covered. State General Funds $1,000 $0 $0 13.5 Increase funds to replace computer equipment. State General Funds $71,000 $0 $34,000 13.6 Increase one-time funds for software to automate receipt of trial court records. State General Funds $66,000 $66,000 $0 13.7 Increase funds to purchase ongoing hardware and software maintenance for the e-filing initiative. State General Funds $12,000 $12,000 $0 13.8 Reduce funds by eliminating one-time appellate E-Filing funds. State General Funds ($102,750) ($102,750) ($102,750) 13.9 Convert to the PeopleSoft statewide accounting system, effective January 1, 2013. (H:YES)(S:YES) State General Funds $0 $0 13.10 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $233,423 $233,423 13.11 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $340,018 $340,018 WEDNESDAY, MARCH 21, 2012 2329 13.12 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,258 13.13 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($4,659) 13.14 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $7,845 13.15 Increase funds for general liability premiums. State General Funds $5,592 13.16 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,142) $1,258 ($4,659) $7,845 $5,592 ($6,142) 13.100 -Court of Appeals Appropriation (HB 742) 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 $13,909,433 $14,072,000 $14,028,000 State General Funds $13,909,433 $14,072,000 $14,028,000 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 $14,059,433 $14,222,000 $14,178,000 Section 6: Judicial Council TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Section Total - Continuation $13,468,577 $13,468,577 $13,468,577 $13,468,577 $2,552,935 $2,552,935 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $1,144,998 $13,468,577 $13,468,577 $2,552,935 $2,552,935 $1,144,998 $1,144,998 2330 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,144,998 $17,166,510 $1,144,998 $17,166,510 $1,144,998 $17,166,510 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 Section Total - Final $14,279,837 $14,279,837 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $17,977,770 $12,423,861 $12,423,861 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,121,794 $12,373,861 $12,373,861 $2,552,935 $2,552,935 $1,144,998 $1,144,998 $1,144,998 $16,071,794 Accountability Courts Continuation Budget The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Standing Committee on Drug Courts. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 $2,263,559 14.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,944 $1,944 14.2 Transfer funds for accountability court grants from the Accountability Courts program to the Criminal Justice Coordinating Council program to support new and existing statewide accountability courts. State General Funds ($2,263,559) ($2,263,559) 14.3 Increase funds for one program director and two project management staff dedicated to the implementation of the statewide Accountability Courts program. State General Funds $251,285 $251,285 WEDNESDAY, MARCH 21, 2012 2331 14.4 Increase funds for operations and partial annual conference costs to support the statewide Accountability Courts program. State General Funds $178,592 $178,592 14.99 SAC: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Accountability Court Committee. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. House: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Standing Committee on Drug Courts and all accountability courts under its direction. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. State General Funds $0 $0 14.100 -Accountability Courts Appropriation (HB 742) The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Accountability Court Committee. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. TOTAL STATE FUNDS $2,263,559 $431,821 $431,821 State General Funds $2,263,559 $431,821 $431,821 TOTAL PUBLIC FUNDS $2,263,559 $431,821 $431,821 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 $0 $0 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 $0 $0 $172,890 $172,890 $172,890 2332 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $172,890 $172,890 $172,890 15.100-Georgia Office of Dispute Resolution Appropriation (HB 742) 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 $172,890 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 $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 $461,789 $461,789 $703,203 $703,203 $703,203 $1,164,992 16.100 -Institute of Continuing Judicial Education Appropriation (HB 742) 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 $461,789 $461,789 $461,789 State General Funds $461,789 $461,789 $461,789 TOTAL AGENCY FUNDS $703,203 $703,203 $703,203 Sales and Services $703,203 $703,203 $703,203 WEDNESDAY, MARCH 21, 2012 2333 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $703,203 $1,164,992 $703,203 $1,164,992 $703,203 $1,164,992 Judicial Council Continuation Budget The purpose of this appropriation is to support the Administrative Office of the 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, and the Children and Family Courts division; and to support the Committee on Justice for 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 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 $9,768,489 $9,768,489 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,590,329 17.1 Increase funds for an Accountability Court case management system. State General Funds $425,000 $0 $0 17.2 Increase funds to provide for a remote interpreter pilot program in two rural counties. State General Funds $45,760 $45,760 $45,760 17.3 Increase funds for the Family Law Information Center pilot project. State General Funds $50,000 $0 17.4 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $77,328 $77,328 17.5 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $428,916 $428,916 17.6 Reduce funds to reflect an adjustment in telecommunications expenses. 2334 JOURNAL OF THE SENATE State General Funds ($94,576) ($94,576) 17.7 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $2,415 $2,415 17.8 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($74,527) ($74,527) 17.9 Increase funds for general liability premiums. State General Funds $8,145 $8,145 17.10 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $6,086 $6,086 17.99 SAC: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Judicial Council Accountability Court Committee; 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, 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 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, and the Children and Family Courts division; and to support the Committee on Justice for Children. State General Funds $0 $0 17.100 -Judicial Council Appropriation (HB 742) The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Judicial Council Accountability Court Committee; 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, and the Children and Family Courts division; and to support the Committee on Justice for Children. WEDNESDAY, MARCH 21, 2012 2335 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 $10,239,249 $10,239,249 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,061,089 $10,218,036 $10,218,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $13,039,876 $10,168,036 $10,168,036 $2,552,935 $2,552,935 $268,905 $268,905 $268,905 $12,989,876 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 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 $409,240 18.1 Increase funds to provide for an investigative staff attorney due to the increased number of complaints processed. State General Funds $106,000 $100,000 $100,000 18.2 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,975 $2,975 18.100-Judicial Qualifications Commission Appropriation (HB 742) 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 $515,240 $512,215 $512,215 State General Funds $515,240 $512,215 $512,215 TOTAL PUBLIC FUNDS $515,240 $512,215 $512,215 2336 JOURNAL OF THE SENATE 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 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 $565,500 19.1 Increase funds to replace the elimination of all Georgia Bar Foundation funding. State General Funds $234,500 $234,500 $234,500 19.100 -Resource Center Appropriation (HB 742) 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 $800,000 $800,000 $800,000 State General Funds $800,000 $800,000 $800,000 TOTAL PUBLIC FUNDS $800,000 $800,000 $800,000 Section 7: Juvenile Courts TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,718,350 $6,718,350 $6,718,350 $6,718,350 $447,456 $447,456 $447,456 $447,456 $7,165,806 $7,165,806 $6,718,350 $6,718,350 $447,456 $447,456 $7,165,806 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $6,718,350 $6,718,350 $447,456 $447,456 $7,165,806 $6,774,461 $6,774,461 $447,456 $447,456 $7,221,917 $6,774,461 $6,774,461 $447,456 $447,456 $7,221,917 WEDNESDAY, MARCH 21, 2012 2337 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 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 $1,413,955 $1,413,955 $447,456 $447,456 $1,861,411 20.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $27,851 $27,851 20.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $28,036 $28,036 20.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $224 $224 20.100 -Council of Juvenile Court Judges Appropriation (HB 742) 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 $1,413,955 $1,470,066 $1,470,066 State General Funds $1,413,955 $1,470,066 $1,470,066 TOTAL FEDERAL FUNDS $447,456 $447,456 $447,456 Federal Funds Not Itemized $447,456 $447,456 $447,456 TOTAL PUBLIC FUNDS $1,861,411 $1,917,522 $1,917,522 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 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 $5,304,395 2338 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $5,304,395 $5,304,395 $5,304,395 21.100 -Grants to Counties for Juvenile Court Judges Appropriation (HB 742) The purpose of this appropriation is for payment of state funds to circuits to pay for juvenile court judges salaries. TOTAL STATE FUNDS $5,304,395 $5,304,395 $5,304,395 State General Funds $5,304,395 $5,304,395 $5,304,395 TOTAL PUBLIC FUNDS $5,304,395 $5,304,395 $5,304,395 Section 8: Prosecuting Attorneys 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 Section Total - Continuation $57,334,703 $57,334,703 $57,334,703 $57,334,703 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $1,802,127 $59,136,830 $59,136,830 $57,334,703 $57,334,703 $1,802,127 $1,802,127 $1,802,127 $59,136,830 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 Section Total - Final $60,323,502 $60,323,502 $1,802,127 $1,802,127 $1,802,127 $62,125,629 $59,803,561 $59,803,561 $1,802,127 $1,802,127 $1,802,127 $61,605,688 $60,152,711 $60,152,711 $1,802,127 $1,802,127 $1,802,127 $61,954,838 Council of Superior Court Clerks (PAC) 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 the training of superior court clerks. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 $187,455 WEDNESDAY, MARCH 21, 2012 2339 22.100 -Council of Superior Court Clerks (PAC) Appropriation (HB 742) 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 $187,455 $187,455 $187,455 State General Funds $187,455 $187,455 $187,455 TOTAL PUBLIC FUNDS $187,455 $187,455 $187,455 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 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 23.1 Increase funds for promotion increases for Assistant District Attorneys (ADAs). State General Funds $1,394,534 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 $0 $51,702,616 $51,702,616 $1,802,127 $1,802,127 $1,802,127 $53,504,743 $0 23.2 Increase funds to reinstate all state-funded victim advocates. State General Funds $389,169 $0 $0 23.3 Increase funds for deferred promotions approved in FY2009 and withheld due to budgetary shortfall. State General Funds $349,150 $0 $349,150 23.4 Increase funds for additional Assistant District Attorneys (ADAs) associated with the creation of new judgeships for the BellForsyth, Piedmont, Middle, Oconee, Western and Clayton Circuits. (H:Provide for two additional Assistant District Attorneys in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013)(S:Increase funds for two additional Assistant District Attorneys in the Middle and Bell-Forsyth Circuits, effective January 1, 2013) State General Funds $459,075 $104,522 $104,522 23.5 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $803,677 $803,677 2340 JOURNAL OF THE SENATE 23.100 -District Attorneys Appropriation (HB 742) 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 $54,294,544 $52,610,815 $52,959,965 State General Funds $54,294,544 $52,610,815 $52,959,965 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 $56,096,671 $54,412,942 $54,762,092 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 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 $5,444,632 24.1 Increase funds to provide for a Victim Witness and Grants Coordinator. State General Funds $95,318 $0 $0 24.2 Increase funds to restore rent reductions in HB78 (2011 Session). State General Funds $72,838 $72,838 $72,838 24.3 Increase funds to restore personnel and operations reductions in HB78 (2011 Session). State General Funds $90,504 $0 $0 24.4 Increase funds to expedite the deployment of Tracker statewide. State General Funds $138,211 $0 $0 24.5 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $42,299 $42,299 24.6 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,131,097 $1,131,097 WEDNESDAY, MARCH 21, 2012 2341 24.7 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 24.8 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds 24.9 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds 24.10 Increase funds for general liability premiums. State General Funds 24.11 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds ($1,740) ($1,740) $75,634 $75,634 $44,328 $44,328 $191,474 $191,474 $4,729 $4,729 24.100 -Prosecuting Attorney's Council Appropriation (HB 742) The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. TOTAL STATE FUNDS $5,841,503 $7,005,291 State General Funds $5,841,503 $7,005,291 TOTAL PUBLIC FUNDS $5,841,503 $7,005,291 $7,005,291 $7,005,291 $7,005,291 Section 9: Superior Courts TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 $58,770,012 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $59,757,893 $59,757,893 $59,757,893 $61,217,017 $61,217,017 $61,217,017 $60,758,918 $60,758,918 $60,758,918 2342 JOURNAL OF THE SENATE 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 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 $1,202,718 25.1 Increase funds for temporary labor to replace eliminated positions. State General Funds $46,800 $46,800 $46,800 25.2 Increase funds for two additional positions to provide in-house continuing judicial education training for Superior Court Judges. (H and S:Continue to utilize the Institute for Continuing Judicial Education) State General Funds $158,976 $0 $0 25.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $16,817 $16,817 25.4 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,743 $22,743 25.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,299 $2,299 25.6 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($28,348) $0 25.7 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($10,539) $0 25.8 Increase funds for general liability premiums. State General Funds $167,674 $0 25.9 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,962 $0 WEDNESDAY, MARCH 21, 2012 2343 25.100 -Council of Superior Court Judges Appropriation (HB 742) 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 $1,408,494 $1,425,126 $1,291,377 State General Funds $1,408,494 $1,425,126 $1,291,377 TOTAL PUBLIC FUNDS $1,408,494 $1,425,126 $1,291,377 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 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 $2,179,029 26.1 Increase funds to restore FY2012 personnel reductions. State General Funds $36,102 $18,051 $0 26.2 Increase funds for operations that have been reduced from FY2009 to FY2012 as a result of budget reductions. State General Funds $66,239 $66,239 $66,239 26.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $31,277 $31,277 26.4 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,297 $42,297 26.100 -Judicial Administrative Districts Appropriation (HB 742) 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 $2,281,370 $2,336,893 $2,318,842 State General Funds $2,281,370 $2,336,893 $2,318,842 TOTAL PUBLIC FUNDS $2,281,370 $2,336,893 $2,318,842 2344 JOURNAL OF THE SENATE 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 State General Funds TOTAL PUBLIC FUNDS $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 $55,388,265 27.1 Increase funds to restore FY2012 personnel reductions. State General Funds $337,116 $168,558 $168,558 27.2 Increase funds to unfreeze the non-statutory Law Clerk positions and provide funds for two Law Clerks. (S:Unfreeze the nonstatutory Law Clerk positions) State General Funds $111,975 $111,975 $0 27.3 Increase funds to restore the FY2012 reduction to travel funds associated with continuing judicial education. State General Funds $128,073 $128,073 $0 27.4 Increase funds to provide in-house continuing judicial education training for Superior Court Judges. (H and S:Continue to utilize the Institute for Continuing Judicial Education) State General Funds $102,600 $0 $0 27.5 Increase funds for two Superior Court judgeships in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. (S:Increase funds for two Superior Court judgeships in the Middle and Bell-Forsyth Circuits, effective January 1, 2013) State General Funds $350,207 $350,207 27.6 Increase funds for senior judges to direct new and existing Accountability Courts in circuits not currently served by an Accountability Court judge. State General Funds $250,000 $0 27.7 Reduce funds from HB78 (2011 Session) for senior judges in circuits with Accountability Courts. State General Funds ($50,000) $0 27.8 Increase funds for senior judges. WEDNESDAY, MARCH 21, 2012 2345 State General Funds $100,000 $100,000 27.9 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $762,924 $762,924 27.10 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $244,996 $244,996 27.11 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($28,348) 27.12 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($10,539) 27.13 Increase funds for general liability premiums. State General Funds $167,674 27.14 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,962 27.100 -Superior Court Judges Appropriation (HB 742) 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 $56,068,029 $57,454,998 $57,148,699 State General Funds $56,068,029 $57,454,998 $57,148,699 TOTAL PUBLIC FUNDS $56,068,029 $57,454,998 $57,148,699 Section 10: Supreme Court TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Section Total - Continuation $8,625,575 $8,625,575 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $1,859,823 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 2346 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $10,485,398 $10,485,398 $10,485,398 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $8,771,522 $8,771,522 $1,859,823 $1,859,823 $1,859,823 $10,631,345 $9,093,297 $9,093,297 $1,859,823 $1,859,823 $1,859,823 $10,953,120 $9,013,870 $9,013,870 $1,859,823 $1,859,823 $1,859,823 $10,873,693 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 $8,625,575 $8,625,575 $1,859,823 $1,859,823 $1,859,823 $10,485,398 28.1 Increase funds to provide salary parity between the Court of Appeals and Supreme Court staff attorneys. State General Funds $66,520 $66,520 $66,520 28.2 Increase funds to provide a Capital Case Docket Clerk. State General Funds $79,427 $79,427 $0 28.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $124,049 $124,049 WEDNESDAY, MARCH 21, 2012 2347 28.4 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $191,238 28.5 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $3,467 28.6 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,801) 28.7 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $4,168 28.8 Increase funds for general liability premiums. State General Funds $2,126 28.9 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,007 28.10 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,479) $191,238 $3,467 ($1,801) $4,168 $2,126 $1,007 ($2,479) 28.100 -Supreme Court of Georgia Appropriation (HB 742) 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 $8,771,522 $9,093,297 $9,013,870 State General Funds $8,771,522 $9,093,297 $9,013,870 TOTAL AGENCY FUNDS $1,859,823 $1,859,823 $1,859,823 Sales and Services $1,859,823 $1,859,823 $1,859,823 Sales and Services Not Itemized $1,859,823 $1,859,823 $1,859,823 TOTAL PUBLIC FUNDS $10,631,345 $10,953,120 $10,873,693 2348 JOURNAL OF THE SENATE Section 11: Accounting Office, State TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Continuation $3,689,254 $3,689,254 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Accounting System Assessments TOTAL PUBLIC FUNDS Section Total - Final $3,801,412 $3,801,412 $12,910,825 $12,910,825 $12,910,825 $16,712,237 $3,791,064 $3,791,064 $12,910,825 $12,910,825 $12,910,825 $16,701,889 $3,771,064 $3,771,064 $12,910,825 $12,910,825 $12,910,825 $16,681,889 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 Accounting System Assessments TOTAL PUBLIC FUNDS $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 $3,689,254 $3,689,254 $12,192,899 $12,192,899 $12,192,899 $15,882,153 29.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $48,694 $48,694 $48,694 29.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. WEDNESDAY, MARCH 21, 2012 2349 State General Funds $65,160 $65,160 $65,160 29.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $392 $392 $392 29.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $23,175 $23,175 $23,175 29.5 Increase funds for general liability premiums. State General Funds $4,859 $4,859 $4,859 29.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($470) ($470) ($470) 29.7 Eliminate funds for an accounting training contract with the Carl Vinson Institute of Government. (H:Reduce contract with the Carl Vinson Institute of Government for training)(S:Reduce funds for training) State General Funds ($140,000) ($40,000) ($60,000) 29.8 Transfer funds for one position from the Office of the Commissioner of Insurance to the State Accounting Office for Comptroller General activities. (H and S:NO; Transfer the Comptroller General function to the State Accounting Office) State General Funds $110,348 $0 $0 29.9 Increase funds to reflect additional billings for PeopleSoft statewide adjustments. Accounting System Assessments $717,926 $717,926 $717,926 29.100 -State Accounting Office Appropriation (HB 742) 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 $3,801,412 $3,791,064 $3,771,064 State General Funds $3,801,412 $3,791,064 $3,771,064 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $12,910,825 $12,910,825 $12,910,825 State Funds Transfers $12,910,825 $12,910,825 $12,910,825 Accounting System Assessments $12,910,825 $12,910,825 $12,910,825 2350 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS Section 12: Administrative Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized 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 Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Mail and Courier Services Motor Vehicle Rental Payments Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds $16,712,237 $16,701,889 $16,681,889 Section Total - Continuation $7,860,094 $7,860,094 $7,860,094 $7,860,094 $18,359,092 $18,359,092 $792,810 $792,810 $792,810 $792,810 $3,366,288 $3,366,288 $3,366,288 $3,366,288 $12,447,095 $12,447,095 $12,447,095 $12,447,095 $1,752,899 $1,752,899 $1,752,899 $1,752,899 $140,196,374 $140,196,374 $140,196,374 $140,196,374 $1,300,805 $1,300,805 $142,727 $142,727 $716,378 $716,378 $28,427,991 $28,427,991 $443,253 $443,253 $1,330,388 $1,330,388 $203,686 $203,686 $23,019,185 $23,019,185 $2,621,163 $2,621,163 $15,666,404 $15,666,404 $66,324,394 $66,324,394 $166,415,560 $166,415,560 $7,860,094 $7,860,094 $18,359,092 $792,810 $792,810 $3,366,288 $3,366,288 $12,447,095 $12,447,095 $1,752,899 $1,752,899 $140,196,374 $140,196,374 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $1,330,388 $203,686 $23,019,185 $2,621,163 $15,666,404 $66,324,394 $166,415,560 Section Total - Final $4,050,256 $4,050,256 $4,790,514 $4,790,514 $4,912,844 $4,912,844 WEDNESDAY, MARCH 21, 2012 2351 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Interest and Investment Income Interest and Investment Income Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Administrative Hearing Payments per OCGA50-13-44 Agency to Agency Contracts Indemnification Funds Liability Funds Loss Control Funds Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $18,855,393 $792,810 $792,810 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $174,349,695 $174,349,695 $1,451,269 $142,727 $716,378 $28,427,991 $443,253 $250,719 $9,806,920 $203,686 $23,019,185 $2,621,163 $18,166,404 $89,100,000 $197,255,344 $18,855,393 $792,810 $792,810 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $174,349,695 $174,349,695 $1,451,269 $142,727 $716,378 $28,427,991 $443,253 $250,719 $9,806,920 $203,686 $23,019,185 $2,621,163 $18,166,404 $89,100,000 $197,995,602 $18,855,393 $792,810 $792,810 $3,366,288 $3,366,288 $12,943,396 $12,943,396 $1,752,899 $1,752,899 $174,199,231 $174,199,231 $1,300,805 $142,727 $716,378 $28,427,991 $443,253 $250,719 $9,806,920 $203,686 $23,019,185 $2,621,163 $18,166,404 $89,100,000 $197,967,468 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized $0 $0 $2,694,069 $1,599,047 $1,599,047 $0 $0 $2,694,069 $1,599,047 $1,599,047 $0 $0 $2,694,069 $1,599,047 $1,599,047 2352 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 $1,095,022 $1,095,022 $1,356,301 $1,356,301 $142,727 $250,719 $203,686 $759,169 $4,050,370 30.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Rebates, Refunds, and Reimbursements Not Itemized $176,927 $176,927 $176,927 30.98 Transfer funds for 14 positions from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. Merit System Assessments $1,152,435 $1,152,435 $1,152,435 30.100-Departmental Administration Appropriation (HB 742) The purpose of this appropriation is to provide administrative support to all department programs. TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Mail and Courier Services Merit System Assessments Motor Vehicle Rental Payments Administrative Fees from the Self Insurance Trust Fund TOTAL PUBLIC FUNDS $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $2,508,736 $2,508,736 $142,727 $250,719 $1,152,435 $203,686 $759,169 $5,379,732 $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $2,508,736 $2,508,736 $142,727 $250,719 $1,152,435 $203,686 $759,169 $5,379,732 $2,870,996 $1,775,974 $1,775,974 $1,095,022 $1,095,022 $2,508,736 $2,508,736 $142,727 $250,719 $1,152,435 $203,686 $759,169 $5,379,732 WEDNESDAY, MARCH 21, 2012 2353 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 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $0 $0 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 31.100-Fleet Management Appropriation (HB 742) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 $1,020,141 $172,093 $172,093 $848,048 $848,048 $1,020,141 Human Resources Administration Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 32.1 Utilize existing funds ($50,000) to review current recruiting, benefits, and related services, develop a cost baseline and savings plan, and issue an RFP for enterprise-wide third-party human resources administration. (S:YES) 2354 JOURNAL OF THE SENATE State General Funds $0 32.98 Transfer funds and 28 positions from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. Merit System Assessments $8,654,485 $8,654,485 $8,654,485 32.99 SAC: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program. House: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program. Governor: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program. Merit System Assessments $0 $0 $0 32.100-Human Resources Administration Appropriation (HB 742) The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program. TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 $8,654,485 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 $0 $0 $1,079,669 $0 $0 $1,079,669 $0 $0 $1,079,669 WEDNESDAY, MARCH 21, 2012 2355 State Funds Transfers Mail and Courier Services TOTAL PUBLIC FUNDS $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 $1,079,669 33.1 Reduce funds and eliminate 13 vacant positions and nine motor vehicles. Mail and Courier Services ($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 Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $136,459,599 $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $136,459,599 $0 $0 $136,459,599 $136,459,599 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $15,666,404 $66,324,394 $136,459,599 34.1 Increase funds to reflect DOAS General Liability Trust Fund premiums. (Total Funds: $26,000,000)(G:YES)(H:YES)(S:YES) Liability Funds $0 $0 $0 34.2 Increase funds to reflect additional billings for unemployment insurance expenses. Unemployment Compensation Funds $2,500,000 $2,500,000 $2,500,000 2356 JOURNAL OF THE SENATE 34.3 Increase funds to reflect Workers' Compensation premiums. Workers Compensation Funds $22,775,606 $22,775,606 $22,775,606 34.100 -Risk Management Appropriation (HB 742) 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 State Funds Transfers Indemnification Funds Liability Funds Loss Control Funds Property Insurance Funds Administrative Fees from the Self Insurance Trust Fund Unemployment Compensation Funds Workers Compensation Funds TOTAL PUBLIC FUNDS $161,735,205 $161,735,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,166,404 $89,100,000 $161,735,205 $161,735,205 $161,735,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,166,404 $89,100,000 $161,735,205 $161,735,205 $161,735,205 $716,378 $28,427,991 $443,253 $23,019,185 $1,861,994 $18,166,404 $89,100,000 $161,735,205 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 $0 $0 $10,000,000 $10,000,000 $10,000,000 $0 $0 $10,000,000 $10,000,000 $10,000,000 $0 $0 $10,000,000 $10,000,000 $10,000,000 WEDNESDAY, MARCH 21, 2012 2357 TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 35.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Rebates, Refunds, and Reimbursements Not Itemized $319,374 $319,374 $319,374 35.2 The Department is authorized to retain only $10,319,374 for Purchasing and $1,775,974 for Departmental Administration and shall transfer $600,000 to the State Accounting Office for expenses due to Team Georgia Marketplace. All additional funds collected by the Department shall be remitted to the State Treasury by the end of the fiscal year. (S:YES) State General Funds $0 35.100 -State Purchasing Appropriation (HB 742) 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 AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 $10,319,374 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 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 $0 $0 $1,198,594 $620,717 $620,717 $577,877 $577,877 2358 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,198,594 $1,198,594 $1,198,594 36.100 -Surplus Property Appropriation (HB 742) 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 $1,198,594 $620,717 $620,717 $577,877 $577,877 $1,198,594 Payments to Georgia Aviation Authority Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 $5,255,824 37.1 Eliminate funds for 18 filled and three vacant positions, funds for operations, and use funds for aviation charter contracts. (Total Funds: $1,400,000)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 37.95 Reduce funds to reflect an Executive Order to transfer nine months funding and six positions to the Department of Public Safety. State General Funds ($958,755) ($958,755) ($958,755) 37.96 Transfer funds from the Georgia Aviation Authority to the Department of Public Safety for operations. State General Funds ($529,750) ($529,750) ($529,750) 37.97 Transfer funds and 13 positions from the Georgia Aviation Authority to the Georgia Forestry Commission. State General Funds ($1,482,928) ($1,482,928) ($1,482,928) WEDNESDAY, MARCH 21, 2012 2359 37.98 Transfer funds and four positions from the Georgia Aviation Authority to the Department of Natural Resources. State General Funds ($744,140) ($744,140) ($744,140) 37.100 -Payments to Georgia Aviation Authority Appropriation (HB 742) 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 $1,540,251 $1,540,251 $1,540,251 State General Funds $1,540,251 $1,540,251 $1,540,251 TOTAL PUBLIC FUNDS $1,540,251 $1,540,251 $1,540,251 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. TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 38.1 Remit payment to the State Treasury. (Total Funds: $4,315,917)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 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 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 $41,559 39.1 Reduce funds for operations. State General Funds ($831) ($831) ($831) 2360 JOURNAL OF THE SENATE 39.100 -Certificate of Need Appeal Panel Appropriation (HB 742) The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. TOTAL STATE FUNDS $40,728 $40,728 $40,728 State General Funds $40,728 $40,728 $40,728 TOTAL PUBLIC FUNDS $40,728 $40,728 $40,728 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 Administrative Hearing Payments per OCGA50-13-44 TOTAL PUBLIC FUNDS $2,562,711 $2,562,711 $1,300,805 $1,300,805 $1,300,805 $3,863,516 $2,562,711 $2,562,711 $1,300,805 $1,300,805 $1,300,805 $3,863,516 $2,562,711 $2,562,711 $1,300,805 $1,300,805 $1,300,805 $3,863,516 40.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $31,066 $31,066 $31,066 40.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $52,292 $52,292 $52,292 40.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $18,207 $18,207 $18,207 40.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $5,233 $5,233 $5,233 40.5 Increase funds for general liability premiums. State General Funds $1,486 $1,486 $1,486 40.6 Reduce funds for temporary employees. State General Funds ($51,254) ($51,254) ($51,254) WEDNESDAY, MARCH 21, 2012 2361 40.7 Replace funds for operations. (S:Reduce funds) State General Funds Administrative Hearing Payments per OCGA50-13-44 Total Public Funds: ($150,464) $150,464 $0 ($150,464) $150,464 $0 ($16,087) $0 ($16,087) 40.8 Increase funds for salaries and operations for the Georgia Tax Court, HB100 (2012 Session). State General Funds $326,284 $381,211 40.99 SAC: The purpose of this appropriation is to provide an independent forum for the impartial and timely resolution of disputes between the public and state agencies, and to create and provide necessary funding for an independent trial court with concurrent jurisdiction with the superior courts of Georgia which will address tax disputes involving the Department of Revenue. House: 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, and to create and provide necessary funding for an independent trial court with concurrent jurisdiction with the superior courts of Georgia which will address tax disputes involving the Department of Revenue. State General Funds $0 $0 40.100-Administrative Hearings, Office of State Appropriation (HB 742) 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, and to create and provide necessary funding for an independent trial court with concurrent jurisdiction with the superior courts of Georgia which will address tax disputes involving the Department of Revenue. TOTAL STATE FUNDS $2,469,277 $2,795,561 $2,984,865 State General Funds $2,469,277 $2,795,561 $2,984,865 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,451,269 $1,451,269 $1,300,805 State Funds Transfers $1,451,269 $1,451,269 $1,300,805 Administrative Hearing Payments per OCGA50-13-44 $1,451,269 $1,451,269 $1,300,805 TOTAL PUBLIC FUNDS $3,920,546 $4,246,830 $4,285,670 State Treasurer, Office of the 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. 2362 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $0 $0 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $0 $0 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 41.100 -State Treasurer, Office of the Appropriation (HB 742) 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 Interest and Investment Income Interest and Investment Income Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 $3,446,288 $3,366,288 $3,366,288 $80,000 $80,000 $3,446,288 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 $0 $0 $0 $0 700.1 Increase funds pursuant to HR1160 (2012 Session) to purchase a 20-year annuity with an initial $100,000 lump sum payment for an individual who was wrongfully imprisoned. State General Funds $406,474 $340,000 700.2 Increase funds pursuant to HR1161 (2012 Session) to compensate an individual who was injured. State General Funds $7,500 $7,000 WEDNESDAY, MARCH 21, 2012 2363 700.100 -Compensation Per General Assembly Resolutions Appropriation (HB 742) 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 $413,974 $347,000 State General Funds $413,974 $347,000 TOTAL PUBLIC FUNDS $413,974 $347,000 The Department is authorized to assess no more than $73.00 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 13: Agriculture, Department of 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $30,926,045 $30,926,045 $30,926,045 $30,926,045 $7,263,921 $7,263,921 $7,263,921 $7,263,921 $11,181,826 $11,181,826 $175,000 $175,000 $175,000 $175,000 $11,006,826 $11,006,826 $11,006,826 $11,006,826 $846,739 $846,739 $846,739 $846,739 $225,000 $225,000 $50,218,531 $50,218,531 $30,926,045 $30,926,045 $7,263,921 $7,263,921 $11,181,826 $175,000 $175,000 $11,006,826 $11,006,826 $846,739 $846,739 $225,000 $50,218,531 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Section Total - Final $43,998,222 $43,998,222 $7,332,532 $7,332,532 $2,832,299 $175,000 $40,734,043 $40,734,043 $7,163,980 $7,163,980 $2,832,299 $175,000 $40,684,043 $40,684,043 $7,163,980 $7,163,980 $2,832,299 $175,000 2364 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $175,000 $2,657,299 $2,657,299 $621,739 $621,739 $54,784,792 $175,000 $2,657,299 $2,657,299 $621,739 $621,739 $51,352,061 $175,000 $2,657,299 $2,657,299 $621,739 $621,739 $51,302,061 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 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 $2,867,499 42.1 Reduce funds for operations. State General Funds ($57,350) ($57,350) ($57,350) 42.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 742) 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 $2,810,149 $2,810,149 $2,810,149 State General Funds $2,810,149 $2,810,149 $2,810,149 TOTAL PUBLIC FUNDS $2,810,149 $2,810,149 $2,810,149 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 WEDNESDAY, MARCH 21, 2012 2365 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 $16,546,818 $16,546,818 $7,228,921 $7,228,921 $7,392,920 $175,000 $175,000 $7,217,920 $7,217,920 $225,000 $225,000 $225,000 $31,393,659 43.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $202,160 $202,160 $202,160 43.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $303,036 $303,036 $303,036 43.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($22,985) ($22,985) ($22,985) 43.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $2,152 $2,152 $2,152 43.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $304 $304 $304 43.6 Increase funds for general liability premiums. State General Funds $77,839 $77,839 $77,839 2366 JOURNAL OF THE SENATE 43.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $7,384 $7,384 43.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($25,503) ($25,503) 43.9 Reduce funds for personnel to reflect projected expenditures. State General Funds Federal Funds Not Itemized Total Public Funds: ($322,309) ($99,941) ($422,250) ($322,309) ($99,941) ($422,250) $7,384 ($25,503) ($322,309) ($99,941) ($422,250) 43.10 Increase state funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report. State General Funds Agency to Agency Contracts Sales and Services Not Itemized Total Public Funds: $7,556,240 ($225,000) ($5,891,916) $1,439,324 $7,556,240 ($225,000) ($5,891,916) $1,439,324 $7,556,240 ($225,000) ($5,891,916) $1,439,324 43.98 Transfer funds and 63 positions for safety inspections from the Department of Labor to the Department of Agriculture. (H and S:Transfer to the Department of Insurance) State General Funds Federal Funds Not Itemized Total Public Funds: $3,312,904 $0 $0 $168,552 $0 $0 $3,481,456 $0 $0 43.99 SAC: The purpose of this appropriation is to provide for public health and safety by monitoring, inspecting and regulating the cultivation, processing, and production of livestock, meat, poultry, and other food products; by inspecting establishments that sell food for offsite consumption, food warehouses, wholesale and mobile meat and seafood vendors, dairy farms, and food banks; by certifying organic products, shellfish, and bottled water; by monitoring, inspecting, and regulating the companion animal, bird, and equine industries (including reports of abuse by private owners); by monitoring, inspecting, and regulating the plant and apiary industries including performing phytosanitary inspections; by monitoring, inspecting, and regulating the pesticide and wood treatment industries; and by monitoring, inspecting, and regulating animal feed, pet food, and grains; and by monitoring, inspecting, and regulating elevators, amusement park rides, and boilers. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. WEDNESDAY, MARCH 21, 2012 2367 House: 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; and by monitoring, inspecting, and regulating elevators, amusement park rides, and boilers. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. Governor: 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; and by monitoring, inspecting, and regulating elevators, amusement park rides, and boilers. The purpose of this appropriation is also to ensure accurate commercial transactions by monitoring, inspecting, and regulating weights and measures and fuel sales. State General Funds $0 $0 $0 43.100-Consumer Protection Appropriation (HB 742) 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; and by monitoring, inspecting, and regulating elevators, amusement park rides, and boilers. 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 $27,638,040 $24,325,136 $24,325,136 2368 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $27,638,040 $7,297,532 $7,297,532 $1,501,004 $175,000 $175,000 $1,326,004 $1,326,004 $36,436,576 $24,325,136 $7,128,980 $7,128,980 $1,501,004 $175,000 $175,000 $1,326,004 $1,326,004 $32,955,120 $24,325,136 $7,128,980 $7,128,980 $1,501,004 $175,000 $175,000 $1,326,004 $1,326,004 $32,955,120 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,219,566 $2,219,566 $2,424,228 $2,424,228 $2,424,228 $4,643,794 $2,219,566 $2,219,566 $2,424,228 $2,424,228 $2,424,228 $4,643,794 $2,219,566 $2,219,566 $2,424,228 $2,424,228 $2,424,228 $4,643,794 44.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $28,651 $28,651 $28,651 44.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $54,685 $54,685 $54,685 44.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($6,115) ($6,115) ($6,115) 44.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $315 $315 $315 44.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $44 $44 $44 WEDNESDAY, MARCH 21, 2012 2369 44.6 Increase funds for general liability premiums. State General Funds $11,377 $11,377 $11,377 44.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,079 $1,079 $1,079 44.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,728) ($3,728) ($3,728) 44.9 Reduce funds for personnel to reflect projected expenditures and eliminate two positions. State General Funds ($96,417) ($96,417) ($96,417) 44.10 Increase state funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report. State General Funds Sales and Services Not Itemized Total Public Funds: $2,450,810 ($2,424,228) $26,582 $2,450,810 ($2,424,228) $26,582 $2,450,810 ($2,424,228) $26,582 44.11 Reduce funds based on a decrease in occupancy in the Agriculture building. (S:Recognize savings for fifth floor vacancy) State General Funds ($51,275) ($101,275) 44.100-Departmental Administration Appropriation (HB 742) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $4,660,267 $4,608,992 $4,558,992 State General Funds $4,660,267 $4,608,992 $4,558,992 TOTAL PUBLIC FUNDS $4,660,267 $4,608,992 $4,558,992 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 TOTAL FEDERAL FUNDS $5,180,528 $5,180,528 $35,000 $5,180,528 $5,180,528 $35,000 $5,180,528 $5,180,528 $35,000 2370 JOURNAL OF THE SENATE Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers TOTAL PUBLIC FUNDS $35,000 $1,364,678 $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 $35,000 $1,364,678 $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 $35,000 $1,364,678 $1,364,678 $1,364,678 $621,739 $621,739 $7,201,945 45.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $61,616 $61,616 $61,616 45.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,164 $47,164 $47,164 45.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($9,447) ($9,447) ($9,447) 45.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $389 $389 $389 45.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $55 $55 $55 45.6 Increase funds for general liability premiums. State General Funds $14,087 $14,087 $14,087 45.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,333 $1,333 $1,333 45.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,615) ($4,615) ($4,615) 45.9 Reduce funds for personnel to reflect projected expenditures and eliminate one vacant position. State General Funds Sales and Services Not Itemized Total Public Funds: ($60,212) ($33,383) ($93,595) ($60,212) ($33,383) ($93,595) ($60,212) ($33,383) ($93,595) WEDNESDAY, MARCH 21, 2012 2371 45.10 Reduce funds for travel. State General Funds ($2,579) ($2,579) ($2,579) 45.11 Reduce funds and replace with other funds for administrative and financial support for the Commodity Commissions. State General Funds ($156,629) ($156,629) ($156,629) 45.12 Reduce funds for operations and seek alternative strategies to provide livestock market reporting. State General Funds ($229,961) ($229,961) ($229,961) 45.13 Reduce funds for contracts. State General Funds ($100,000) ($50,000) 45.14 Increase funds for the H1B/H2A Guest Worker Program. State General Funds $200,000 $150,000 45.100-Marketing and Promotion Appropriation (HB 742) 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 $4,841,729 $4,941,729 $4,941,729 State General Funds $4,841,729 $4,941,729 $4,941,729 TOTAL FEDERAL FUNDS $35,000 $35,000 $35,000 Federal Funds Not Itemized $35,000 $35,000 $35,000 TOTAL AGENCY FUNDS $1,331,295 $1,331,295 $1,331,295 Sales and Services $1,331,295 $1,331,295 $1,331,295 Sales and Services Not Itemized $1,331,295 $1,331,295 $1,331,295 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $621,739 $621,739 $621,739 State Funds Transfers $621,739 $621,739 $621,739 TOTAL PUBLIC FUNDS $6,829,763 $6,929,763 $6,929,763 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. 2372 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 $2,819,692 46.1 Reduce funds for operations. State General Funds ($56,394) ($56,394) ($56,394) 46.100 -Poultry Veterinary Diagnostic Labs Appropriation (HB 742) 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 $2,763,298 $2,763,298 $2,763,298 State General Funds $2,763,298 $2,763,298 $2,763,298 TOTAL PUBLIC FUNDS $2,763,298 $2,763,298 $2,763,298 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 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 $1,291,942 47.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $4,603 $4,603 $4,603 47.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,108 $8,108 $8,108 47.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,642) ($1,642) ($1,642) 47.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $5,605 $5,605 $5,605 WEDNESDAY, MARCH 21, 2012 2373 47.5 Increase funds for general liability premiums. State General Funds 47.6 Reduce funds for operations. State General Funds $1,962 ($25,839) $1,962 ($25,839) $1,962 ($25,839) 47.100 -Payments to Georgia Agricultural Exposition Authority Appropriation (HB 742) 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 $1,284,739 $1,284,739 $1,284,739 State General Funds $1,284,739 $1,284,739 $1,284,739 TOTAL PUBLIC FUNDS $1,284,739 $1,284,739 $1,284,739 Section 14: Banking and Finance, Department of TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Continuation $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 $11,071,192 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Section Total - Final $11,357,111 $11,357,111 $11,357,111 $11,311,111 $11,311,111 $11,311,111 $11,357,111 $11,357,111 $11,357,111 Consumer Protection and Assistance Continuation Budget The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 $211,192 48.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,896 $2,896 $2,896 2374 JOURNAL OF THE SENATE 48.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,794 $3,794 48.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $85 $85 48.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $111 $111 48.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $139 $139 48.6 Increase funds for general liability premiums. State General Funds $81 $81 48.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $33 $33 48.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($125) ($125) $3,794 $85 $111 $139 $81 $33 ($125) 48.100 -Consumer Protection and Assistance Appropriation (HB 742) The purpose of this appropriation is to provide legal advice and legislative drafting support for the Commissioner and staff. TOTAL STATE FUNDS $218,206 $218,206 $218,206 State General Funds $218,206 $218,206 $218,206 TOTAL PUBLIC FUNDS $218,206 $218,206 $218,206 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 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 $1,970,213 WEDNESDAY, MARCH 21, 2012 2375 49.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $26,289 $26,289 $26,289 49.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $34,432 $34,432 $34,432 49.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $777 $777 $777 49.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $1,007 $1,007 $1,007 49.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,267 $1,267 $1,267 49.6 Increase funds for general liability premiums. State General Funds $737 $737 $737 49.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $300 $300 $300 49.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,134) ($1,134) ($1,134) 49.9 Reduce funds for information technology expenses. State General Funds ($14,000) ($14,000) ($14,000) 49.10 Reduce funds for operations. State General Funds ($4,980) ($4,980) ($4,980) 49.100-Departmental Administration The purpose of this appropriation is to provide administrative support to all department programs. TOTAL STATE FUNDS $2,014,908 State General Funds $2,014,908 TOTAL PUBLIC FUNDS $2,014,908 Appropriation (HB 742) $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 $2,014,908 2376 JOURNAL OF THE SENATE 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 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 $7,033,886 50.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $95,474 $95,474 $95,474 50.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $125,047 $125,047 $125,047 50.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,822 $2,822 $2,822 50.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $3,657 $3,657 $3,657 50.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $4,601 $4,601 $4,601 50.6 Increase funds for general liability premiums. State General Funds $2,676 $2,676 $2,676 50.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,091 $1,091 $1,091 50.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,120) ($4,120) ($4,120) 50.9 Reduce funds for information technology expenses. State General Funds ($27,000) ($27,000) ($27,000) WEDNESDAY, MARCH 21, 2012 2377 50.10 Reduce funds for operations. State General Funds 50.11 Reduce funds to maintain one vacant position. State General Funds ($23,110) ($23,110) ($46,000) ($23,110) $0 50.100 -Financial Institution Supervision Appropriation (HB 742) 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 $7,215,024 $7,169,024 $7,215,024 State General Funds $7,215,024 $7,169,024 $7,215,024 TOTAL PUBLIC FUNDS $7,215,024 $7,169,024 $7,215,024 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 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 State General Funds TOTAL PUBLIC FUNDS $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 $1,855,901 51.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $17,229 $17,229 $17,229 51.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $33,011 $33,011 $33,011 51.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $745 $745 $745 51.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $966 $966 $966 2378 JOURNAL OF THE SENATE 51.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,215 $1,215 $1,215 51.6 Increase funds for general liability premiums. State General Funds $706 $706 $706 51.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $288 $288 $288 51.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,088) ($1,088) ($1,088) 51.99 SAC: The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices and money service businesses, protect consumers by licensing, regulating, and enforcing 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, protect consumers by licensing, regulating, and enforcing applicable laws and regulations, and provide efficient and flexible application, registrations, and notification procedures for non-depository 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, protect consumers by licensing, regulating, and enforcing 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 51.100 -Non-Depository Financial Institution Supervision Appropriation (HB 742) The purpose of this appropriation is to protect consumers from unfair, deceptive, or fraudulent residential mortgage lending practices and money service businesses, protect consumers by licensing, regulating, and enforcing applicable laws and regulations, and provide efficient and flexible application, registrations, and notification procedures for non-depository financial institutions. TOTAL STATE FUNDS $1,908,973 $1,908,973 $1,908,973 State General Funds $1,908,973 $1,908,973 $1,908,973 TOTAL PUBLIC FUNDS $1,908,973 $1,908,973 $1,908,973 WEDNESDAY, MARCH 21, 2012 2379 Section 15: Behavioral Health and Developmental Disabilities, Department of Section Total - Continuation TOTAL STATE FUNDS $893,724,585 $893,724,585 $893,724,585 State General Funds $883,469,447 $883,469,447 $883,469,447 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $163,215,780 $163,215,780 $163,215,780 Federal Funds Not Itemized $18,590,052 $18,590,052 $18,590,052 Community Mental Health Services Block Grant CFDA93.958 $14,163,709 $14,163,709 $14,163,709 Medical Assistance Program CFDA93.778 $22,458,262 $22,458,262 $22,458,262 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $51,480,893 $51,480,893 $51,480,893 FFIND Social Services Block Grant CFDA93.667 $35,981,142 $35,981,142 $35,981,142 FFIND Temp. Assistance for Needy Families CFDA93.558 $20,541,722 $20,541,722 $20,541,722 TOTAL AGENCY FUNDS $53,571,932 $53,571,932 $53,571,932 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 $5,839 Intergovernmental Transfers $577,343 $577,343 $577,343 Intergovernmental Transfers Not Itemized $577,343 $577,343 $577,343 Rebates, Refunds, and Reimbursements $257,036 $257,036 $257,036 Rebates, Refunds, and Reimbursements Not Itemized $257,036 $257,036 $257,036 Royalties and Rents $668,024 $668,024 $668,024 Royalties and Rents Not Itemized $668,024 $668,024 $668,024 Sales and Services $52,063,690 $52,063,690 $52,063,690 Sales and Services Not Itemized $52,063,690 $52,063,690 $52,063,690 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $5,004,491 $5,004,491 $5,004,491 State Funds Transfers $4,956,393 $4,956,393 $4,956,393 Agency to Agency Contracts $2,599,263 $2,599,263 $2,599,263 Central State Hospital Food and Utility Sales $2,357,130 $2,357,130 $2,357,130 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 $1,115,516,788 $1,115,516,788 $1,115,516,788 TOTAL STATE FUNDS Section Total - Final $938,219,027 $938,403,807 $939,110,086 2380 JOURNAL OF THE SENATE State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $927,963,889 $10,255,138 $156,011,708 $18,590,052 $14,163,709 $24,227,192 $51,480,893 $35,981,142 $11,568,720 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,152,807,158 $928,148,669 $10,255,138 $156,261,708 $18,590,052 $14,163,709 $24,477,192 $51,480,893 $35,981,142 $11,568,720 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,153,241,938 $928,854,948 $10,255,138 $156,261,708 $18,590,052 $14,163,709 $24,477,192 $51,480,893 $35,981,142 $11,568,720 $53,571,932 $5,839 $5,839 $577,343 $577,343 $257,036 $257,036 $668,024 $668,024 $52,063,690 $52,063,690 $5,004,491 $4,956,393 $2,599,263 $2,357,130 $48,098 $48,098 $1,153,948,217 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. WEDNESDAY, MARCH 21, 2012 2381 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 Prevention & Treatment of Substance Abuse Grant CFDA93.959 FFIND Temp. Assistance for Needy Families 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 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 $43,587,912 $43,587,912 $50,390,319 $200,000 $30,059,831 $20,130,488 $435,203 $200,000 $200,000 $234,903 $234,903 $300 $300 $94,413,434 52.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $520,694 $520,694 $520,694 52.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,654 $71,654 $71,654 52.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,402 $2,402 $2,402 52.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $91,319 $91,319 $91,319 52.5 Reduce funds to recognize the loss of TANF Supplemental grant. FFIND Temp. Assistance for Needy Families CFDA93.558 ($8,561,768) ($8,561,768) ($8,561,768) 52.6 Utilize at least $75,000 from administrative funds, $846,819 from state funds, and $122,400 from Independent Living Supports contract to reduce the effects of the loss of the TANF Supplemental grant. (H:YES)(S:YES) State General Funds $0 $0 2382 JOURNAL OF THE SENATE 52.7 Transfer Social Services Block Grant funds from Adult Developmental Disabilities Services to Adult Addictive Disease Services to reduce the effect of the loss of the TANF Supplemental grant. FFIND Social Services Block Grant CFDA93.667 $2,500,000 $2,500,000 52.8 Increase funds to reduce the effects of the loss of the TANF Supplemental grant. State General Funds $802,165 $802,165 52.100 -Adult Addictive Diseases Services Appropriation (HB 742) 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 $44,273,981 $45,076,146 $45,076,146 State General Funds $44,273,981 $45,076,146 $45,076,146 TOTAL FEDERAL FUNDS $41,828,551 $44,328,551 $44,328,551 Medical Assistance Program CFDA93.778 $200,000 $200,000 $200,000 Prevention & Treatment of Substance Abuse Grant CFDA93.959 $30,059,831 $30,059,831 $30,059,831 FFIND Social Services Block Grant CFDA93.667 $2,500,000 $2,500,000 FFIND Temp. Assistance for Needy Families CFDA93.558 $11,568,720 $11,568,720 $11,568,720 TOTAL AGENCY FUNDS $435,203 $435,203 $435,203 Intergovernmental Transfers $200,000 $200,000 $200,000 Intergovernmental Transfers Not Itemized $200,000 $200,000 $200,000 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 $300 $300 $300 Sales and Services Not Itemized $300 $300 $300 TOTAL PUBLIC FUNDS $86,537,735 $89,839,900 $89,839,900 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. TOTAL STATE FUNDS State General Funds $259,833,323 $259,833,323 $259,833,323 $249,578,185 $249,578,185 $249,578,185 WEDNESDAY, MARCH 21, 2012 2383 Tobacco Settlement Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $28,706,127 $28,706,127 $328,682,850 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $28,706,127 $28,706,127 $328,682,850 $10,255,138 $40,143,400 $11,087,995 $28,644,171 $411,234 $28,706,127 $28,706,127 $28,706,127 $328,682,850 53.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,411,083 $1,411,083 $1,411,083 53.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,648,044 $1,648,044 $1,648,044 53.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $55,256 $55,256 $55,256 53.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $163,007 $163,007 $163,007 53.5 Transfer funds from the Direct Care and Support Services program to the Adult Developmental Disabilities Services program to align the budget with program expenditures. State General Funds $2,810,775 $2,810,775 $2,810,775 53.6 Increase funds to reflect change in federal participation rate from 65.95% in FY2012 to 65.71% in FY2013. State General Funds $1,110,719 $1,110,719 $1,110,719 53.7 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) ($575,000) ($150,000) ($725,000) 2384 JOURNAL OF THE SENATE 53.8 Increase funds for developmental disabilities consumers in community settings to meet the requirements of the Department of Justice ADA settlement (excludes waivers). State General Funds $4,216,000 $4,216,000 $4,216,000 53.9 Increase funds to provide for 150 additional Comprehensive Waiver (COMP) slots and to annualize the cost of 100 FY2012 New Options Waiver (NOW) slots for the developmentally disabled to meet the requirements of the Department of Justice Settlement Agreement. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $5,290,181 $840,044 $6,130,225 $5,290,181 $840,044 $6,130,225 $5,290,181 $840,044 $6,130,225 53.10 Reduce funds and recognize one-time savings from the federal Money Follows the Person program. State General Funds ($1,577,468) ($1,577,468) ($1,577,468) 53.11 Reduce funds to recognize the loss of TANF Supplemental grant. FFIND Temp. Assistance for Needy Families CFDA93.558 ($411,234) ($411,234) ($411,234) 53.12 Utilize Balancing Incentive Payment Program for additional 100 waiver slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) as part of the Department of Justice Settlement Agreement. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 53.13 Utilize Balancing Incentive Payment Program to annualize the cost of 150 FY2012 waiver slots for the Comprehensive Waiver (COMP) as part of the Department of Justice Settlement Agreement. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 53.14 Transfer Social Service Block Grant funds from Adult Developmental Disabilities Services to Adult Addictive Disease Services to reduce the effects of the loss of the TANF Supplemental grant. FFIND Social Services Block Grant CFDA93.667 ($2,500,000) ($2,500,000) 53.15 Utilize Balance Incentive Payment Program to annualize the cost of NOW and COMP waiver for youth aging out of DFCS. (H:YES)(S:YES) State General Funds $0 $0 53.16 Increase funds for the Emory Autism Center. State General Funds $100,000 $75,000 WEDNESDAY, MARCH 21, 2012 2385 53.100-Adult Developmental Disabilities Services Appropriation (HB 742) 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 $274,385,920 $274,485,920 $274,460,920 State General Funds $264,130,782 $264,230,782 $264,205,782 Tobacco Settlement Funds $10,255,138 $10,255,138 $10,255,138 TOTAL FEDERAL FUNDS $40,422,210 $37,922,210 $37,922,210 Medical Assistance Program CFDA93.778 $11,778,039 $11,778,039 $11,778,039 FFIND Social Services Block Grant CFDA93.667 $28,644,171 $26,144,171 $26,144,171 TOTAL AGENCY FUNDS $28,706,127 $28,706,127 $28,706,127 Sales and Services $28,706,127 $28,706,127 $28,706,127 Sales and Services Not Itemized $28,706,127 $28,706,127 $28,706,127 TOTAL PUBLIC FUNDS $343,514,257 $341,114,257 $341,089,257 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 $55,669,763 $55,669,763 $26,500 $26,500 $26,500 $55,696,263 54.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $720,818 $720,818 $720,818 54.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $859,849 $859,849 $859,849 54.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $28,829 $28,829 $28,829 2386 JOURNAL OF THE SENATE 54.4 Transfer funds from the Direct Care and Support Services program to the Adult Forensic Services program to align the budget with program expenditures. State General Funds $5,059,395 $5,059,395 $5,059,395 54.5 Increase funds to provide for an additional 40 bed unit to decrease waiting list. State General Funds $5,600,000 $5,600,000 $5,600,000 54.6 Increase funds for contract forensic evaluators to perform evaluations statewide, depending upon areas of greatest need or backlog. State General Funds $450,000 $450,000 $450,000 54.100 -Adult Forensic Services Appropriation (HB 742) 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 $68,388,654 $68,388,654 $68,388,654 State General Funds $68,388,654 $68,388,654 $68,388,654 TOTAL AGENCY FUNDS $26,500 $26,500 $26,500 Sales and Services $26,500 $26,500 $26,500 Sales and Services Not Itemized $26,500 $26,500 $26,500 TOTAL PUBLIC FUNDS $68,415,154 $68,415,154 $68,415,154 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. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Community Mental Health Services Block Grant CFDA93.958 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 $259,114,287 $259,114,287 $20,668,250 $13,038,893 $6,726,178 $903,179 $2,303,357 WEDNESDAY, MARCH 21, 2012 2387 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,303,357 $2,303,357 $282,085,894 $2,303,357 $2,303,357 $282,085,894 $2,303,357 $2,303,357 $282,085,894 55.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,886,837 $2,886,837 $2,886,837 55.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $988,827 $988,827 $988,827 55.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $36,709 $36,709 $36,709 55.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $163,260 $163,260 $163,260 55.5 Transfer funds from the Direct Care and Support Services program to the Adult Mental Health Services program to align the budget with program expenditures. State General Funds $2,248,620 $2,248,620 $2,248,620 55.6 Increase funds to reflect change in federal participation rate from 65.95% in FY2012 to 65.71% in FY2013. State General Funds $434,707 $434,707 $434,707 55.7 Reduce funds for contracts. State General Funds ($3,045,414) ($3,045,414) ($3,045,414) 55.8 Replace funds with Medicaid administration funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 ($1,078,886) $1,078,886 $0 55.9 Replace funds with Mental Health Block Grant funds for contracts. State General Funds Community Mental Health Services Block Grant CFDA93.958 Total Public Funds: ($2,096,965) $2,096,965 $0 ($2,096,965) $2,096,965 $0 ($2,096,965) $2,096,965 $0 2388 JOURNAL OF THE SENATE 55.10 Increase funds for mental health consumers in community settings to meet the requirements of the State's settlement agreement with the United States Department of Justice. State General Funds $20,342,253 $20,342,253 $20,342,253 55.11 Utilize existing funds for an emergency psychiatric service center. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 55.12 Utilize Balancing Incentive Payment Program payments to invest in home and community-based services options in Medicaid. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 55.13 Reduce funds based on prior year expenditures. State General Funds ($500,000) ($500,000) 55.14 Increase funds for the continuation of the Opening Doors to Recovery Project. State General Funds $250,000 $250,000 55.15 The Department will provide and prioritize services in accordance with Georgia's safety net obligations and these services are not intended to compete with services provided for patients with private insurance. (H:YES)(S:YES) State General Funds $0 $0 55.100 -Adult Mental Health Services Appropriation (HB 742) 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 $279,994,235 $279,744,235 $279,744,235 State General Funds $279,994,235 $279,744,235 $279,744,235 TOTAL FEDERAL FUNDS $23,844,101 $23,844,101 $23,844,101 Federal Funds Not Itemized $13,038,893 $13,038,893 $13,038,893 Community Mental Health Services Block Grant CFDA93.958 $8,823,143 $8,823,143 $8,823,143 Medical Assistance Program CFDA93.778 $1,982,065 $1,982,065 $1,982,065 TOTAL AGENCY FUNDS $2,303,357 $2,303,357 $2,303,357 Sales and Services $2,303,357 $2,303,357 $2,303,357 Sales and Services Not Itemized $2,303,357 $2,303,357 $2,303,357 TOTAL PUBLIC FUNDS $306,141,693 $305,891,693 $305,891,693 WEDNESDAY, MARCH 21, 2012 2389 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 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 $3,495,426 $3,495,426 $6,330,069 $6,330,069 $6,330,069 $9,825,495 56.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $44,126 $44,126 $44,126 56.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $214,962 $214,962 $214,962 56.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,805 $4,805 $4,805 56.4 Transfer funds from the Direct Care and Support Services program to the Adult Nursing Home Services program to align the budget with program expenditures. State General Funds $1,124,310 $1,124,310 $1,124,310 56.99 SAC: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities. House: The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities. State General Funds $0 $0 56.100-Adult Nursing Home Services Appropriation (HB 742) The purpose of this appropriation is to provide skilled nursing home services to Georgians with mental illness, mental retardation or developmental disabilities. TOTAL STATE FUNDS $4,883,629 $4,883,629 $4,883,629 2390 JOURNAL OF THE SENATE State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 $4,883,629 $6,330,069 $6,330,069 $6,330,069 $11,213,698 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 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 $3,194,665 $3,194,665 $11,347,030 $226,000 $11,121,030 $14,541,695 57.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $4,633 $4,633 $4,633 57.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,654 $71,654 $71,654 57.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,402 $2,402 $2,402 57.100-Child and Adolescent Addictive Diseases Services Appropriation (HB 742) 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 $3,273,354 $3,273,354 $3,273,354 State General Funds $3,273,354 $3,273,354 $3,273,354 TOTAL FEDERAL FUNDS $11,347,030 $11,347,030 $11,347,030 Medical Assistance Program CFDA93.778 $226,000 $226,000 $226,000 WEDNESDAY, MARCH 21, 2012 2391 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $11,121,030 $14,620,384 $11,121,030 $14,620,384 $11,121,030 $14,620,384 Child and Adolescent Developmental Disabilities Continuation Budget The purpose of this appropriation is to provide evaluation, residential, support, and education services to promote independence for children and adolescents with developmental disabilities. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 $7,902,148 $7,902,148 $2,898,692 $2,898,692 $65,839 $5,839 $5,839 $60,000 $60,000 $10,866,679 58.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $19,712 $19,712 $19,712 58.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,654 $71,654 $71,654 58.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,402 $2,402 $2,402 58.4 Increase funds for the Marcus Autism Center. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $250,000 $250,000 $500,000 $250,000 $250,000 $500,000 58.5 Increase funds for the Matthew Reardon Center for Autism. State General Funds $75,000 2392 JOURNAL OF THE SENATE 58.100-Child and Adolescent Developmental Disabilities Appropriation (HB 742) 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 $7,995,916 $8,245,916 $8,320,916 State General Funds $7,995,916 $8,245,916 $8,320,916 TOTAL FEDERAL FUNDS $2,898,692 $3,148,692 $3,148,692 Medical Assistance Program CFDA93.778 $2,898,692 $3,148,692 $3,148,692 TOTAL AGENCY FUNDS $65,839 $65,839 $65,839 Contributions, Donations, and Forfeitures $5,839 $5,839 $5,839 Contributions, Donations, and Forfeitures Not Itemized $5,839 $5,839 $5,839 Sales and Services $60,000 $60,000 $60,000 Sales and Services Not Itemized $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $10,960,447 $11,460,447 $11,535,447 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 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 $3,203,250 59.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $24,624 $24,624 $24,624 59.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,654 $71,654 $71,654 59.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,402 $2,402 $2,402 WEDNESDAY, MARCH 21, 2012 2393 59.100 -Child and Adolescent Forensic Services Appropriation (HB 742) 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 $3,301,930 $3,301,930 $3,301,930 State General Funds $3,301,930 $3,301,930 $3,301,930 TOTAL PUBLIC FUNDS $3,301,930 $3,301,930 $3,301,930 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 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Grant to Local Educational Agencies CFDA84.010 TOTAL PUBLIC FUNDS $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 $75,258,018 $75,258,018 $10,201,314 $7,437,531 $2,763,783 $85,000 $85,000 $85,000 $2,584,781 $2,536,683 $2,536,683 $48,098 $48,098 $88,129,113 60.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $74,394 $74,394 $74,394 60.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,654 $71,654 $71,654 60.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,402 $2,402 $2,402 2394 JOURNAL OF THE SENATE 60.4 Increase funds to reflect change in federal participation rate from 65.95% in FY2012 to 65.71% in FY2013. State General Funds $96,351 $96,351 $96,351 60.5 Transfer funds to Adult Mental Health Services for contracts. Community Mental Health Services Block Grant CFDA93.958 ($2,096,965) ($2,096,965) ($2,096,965) 60.6 Utilize Balancing Incentive Payment Program payments to invest in home and community-based services options in Medicaid. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 60.100 -Child and Adolescent Mental Health Services Appropriation (HB 742) 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 $75,502,819 $75,502,819 $75,502,819 State General Funds $75,502,819 $75,502,819 $75,502,819 TOTAL FEDERAL FUNDS $8,104,349 $8,104,349 $8,104,349 Community Mental Health Services Block Grant CFDA93.958 $5,340,566 $5,340,566 $5,340,566 Medical Assistance Program CFDA93.778 $2,763,783 $2,763,783 $2,763,783 TOTAL AGENCY FUNDS $85,000 $85,000 $85,000 Sales and Services $85,000 $85,000 $85,000 Sales and Services Not Itemized $85,000 $85,000 $85,000 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 Agency to Agency Contracts $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 $86,276,949 $86,276,949 $86,276,949 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 $35,869,230 $35,869,230 $35,869,230 $35,869,230 $35,869,230 $35,869,230 WEDNESDAY, MARCH 21, 2012 2395 TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 FFIND Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized TOTAL PUBLIC FUNDS $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $47,984,290 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $47,984,290 $11,715,584 $4,378,613 $7,336,971 $399,476 $377,343 $377,343 $22,133 $22,133 $47,984,290 61.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $174,140 $174,140 $174,140 61.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $366,152 $366,152 $366,152 61.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $19,219 $19,219 $19,219 61.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $848,981 $848,981 $848,981 61.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,398,290) ($1,398,290) ($1,398,290) 61.6 Increase funds for general liability premiums. State General Funds $1,907,505 $1,907,505 $1,907,505 61.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $78,432 $78,432 $78,432 61.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($475,544) ($475,544) ($475,544) 61.9 The Department will evaluate the criteria for establishing a viable waiting list and report to the General Assembly by June 30, 2013 with recommendations for maintaining such lists. (H:YES)(S:YES) State General Funds $0 $0 2396 JOURNAL OF THE SENATE 61.10 Reduce funds for administration. State General Funds ($717,385) ($717,385) 61.100-Departmental Administration-Behavioral Health Appropriation (HB 742) 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 $37,389,825 $36,672,440 $36,672,440 State General Funds $37,389,825 $36,672,440 $36,672,440 TOTAL FEDERAL FUNDS $11,715,584 $11,715,584 $11,715,584 Medical Assistance Program CFDA93.778 $4,378,613 $4,378,613 $4,378,613 FFIND Social Services Block Grant CFDA93.667 $7,336,971 $7,336,971 $7,336,971 TOTAL AGENCY FUNDS $399,476 $399,476 $399,476 Intergovernmental Transfers $377,343 $377,343 $377,343 Intergovernmental Transfers Not Itemized $377,343 $377,343 $377,343 Rebates, Refunds, and Reimbursements $22,133 $22,133 $22,133 Rebates, Refunds, and Reimbursements Not Itemized $22,133 $22,133 $22,133 TOTAL PUBLIC FUNDS $49,504,885 $48,787,500 $48,787,500 Direct Care and Support Services The purpose of this appropriation is to operate seven state-owned and operated hospitals. Continuation Budget 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 Agency to Agency Contracts Central State Hospital Food and Utility Sales TOTAL PUBLIC FUNDS $145,579,030 $145,579,030 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 $145,579,030 $145,579,030 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 $145,579,030 $145,579,030 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $2,419,710 $2,419,710 $62,580 $2,357,130 $163,219,101 WEDNESDAY, MARCH 21, 2012 2397 62.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,440,700 $1,440,700 $1,440,700 62.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,693,479 $2,693,479 $2,693,479 62.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $81,013 $81,013 $81,013 62.4 Transfer funds from the Direct Care Support Services program to the Adult Developmental Disabilities Services ($2,810,775), Adult Forensic Services ($5,059,395), Adult Mental Health Services ($2,248,620), and Adult Nursing Home Services ($1,124,310) programs to align the budget with program expenditures. State General Funds ($11,243,100) ($11,243,100) ($11,243,100) 62.5 Utilize savings from the closure of Northwest Georgia Regional Hospital to cover unemployment expenses. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 62.6 Utilize existing funds for unemployment insurance expenses. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 62.99 SAC: The purpose of this appropriation is to operate six state-owned and operated hospitals. House: The purpose of this appropriation is to operate six state-owned and operated hospitals. Governor: The purpose of this appropriation is to operate six state-owned and operated hospitals. State General Funds $0 $0 $0 62.100 -Direct Care and Support Services The purpose of this appropriation is to operate six state-owned and operated hospitals. TOTAL STATE FUNDS $138,551,122 State General Funds $138,551,122 TOTAL AGENCY FUNDS $15,220,361 Royalties and Rents $668,024 Royalties and Rents Not Itemized $668,024 Sales and Services $14,552,337 Sales and Services Not Itemized $14,552,337 Appropriation (HB 742) $138,551,122 $138,551,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 $138,551,122 $138,551,122 $15,220,361 $668,024 $668,024 $14,552,337 $14,552,337 2398 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Central State Hospital Food and Utility Sales TOTAL PUBLIC FUNDS $2,419,710 $2,419,710 $62,580 $2,357,130 $156,191,193 $2,419,710 $2,419,710 $62,580 $2,357,130 $156,191,193 $2,419,710 $2,419,710 $62,580 $2,357,130 $156,191,193 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 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 $194,513 $194,513 $13,173,567 $2,873,535 $10,300,032 $13,368,080 63.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $265 $265 $265 63.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,827 $35,827 $35,827 63.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,402 $2,402 $2,402 63.100-Substance Abuse Prevention Appropriation (HB 742) 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 $233,007 $233,007 $233,007 State General Funds $233,007 $233,007 $233,007 TOTAL FEDERAL FUNDS $13,173,567 $13,173,567 $13,173,567 Federal Funds Not Itemized $2,873,535 $2,873,535 $2,873,535 WEDNESDAY, MARCH 21, 2012 2399 Prevention & Treatment of Substance Abuse Grant CFDA93.959 TOTAL PUBLIC FUNDS $10,300,032 $13,406,574 $10,300,032 $13,406,574 $10,300,032 $13,406,574 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 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 $45,546 $45,546 $2,677,624 $2,677,624 $2,723,170 64.1 Reduce funds for contracts. State General Funds ($911) ($911) ($911) 64.100-Developmental Disabilities, Governor's Council on Appropriation (HB 742) The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. TOTAL STATE FUNDS $44,635 $44,635 $44,635 State General Funds $44,635 $44,635 $44,635 TOTAL FEDERAL FUNDS $2,677,624 $2,677,624 $2,677,624 Federal Funds Not Itemized $2,677,624 $2,677,624 $2,677,624 TOTAL PUBLIC FUNDS $2,722,259 $2,722,259 $2,722,259 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 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 $777,474 2400 JOURNAL OF THE SENATE 65.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefits Plan from 27.363% to 29.781%. State General Funds $5,087 65.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $12,740 65.3 Increase funds to convert two part-time evaluators and one clerk to full-time employees. State General Funds $100,213 65.4 Transfer funds from the Sexual Offender Review Board to the Georgia Bureau of Investigation for one part-time and four fulltime investigators. State General Funds ($239,235) 65.98 Transfer funds from the Department of Behavioral Health and Developmental Disabilities to the Georgia Bureau of Investigation for the Sexual Offender Review Board. State General Funds ($777,474) ($777,474) $0 65.100 -Sexual Offender Review Board Appropriation (HB 742) 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 $0 $0 $656,279 State General Funds $0 $0 $656,279 TOTAL PUBLIC FUNDS $0 $0 $656,279 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 Reserved Fund Balances Not Itemized Intergovernmental Transfers Section Total - Continuation $27,220,193 $27,220,193 $27,220,193 $27,220,193 $167,014,537 $167,014,537 $167,014,537 $167,014,537 $11,307,629 $11,307,629 $339,070 $339,070 $339,070 $339,070 $7,737,590 $7,737,590 $27,220,193 $27,220,193 $167,014,537 $167,014,537 $11,307,629 $339,070 $339,070 $7,737,590 WEDNESDAY, MARCH 21, 2012 2401 Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $7,737,590 $3,230,969 $3,230,969 $16,410 $16,410 $16,410 $205,558,769 $7,737,590 $3,230,969 $3,230,969 $16,410 $16,410 $16,410 $205,558,769 $7,737,590 $3,230,969 $3,230,969 $16,410 $16,410 $16,410 $205,558,769 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 INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $37,161,800 $37,161,800 $166,823,214 $166,823,214 $11,315,386 $338,358 $338,358 $7,670,906 $7,670,906 $3,306,122 $3,306,122 $16,410 $16,410 $16,410 $215,316,810 $37,556,506 $37,556,506 $166,823,214 $166,823,214 $11,390,386 $338,358 $338,358 $7,670,906 $7,670,906 $3,381,122 $3,381,122 $16,410 $16,410 $16,410 $215,786,516 $37,656,506 $37,656,506 $166,823,214 $166,823,214 $11,390,386 $338,358 $338,358 $7,670,906 $7,670,906 $3,381,122 $3,381,122 $16,410 $16,410 $16,410 $215,886,516 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 $224,386 $224,386 $224,386 $224,386 $224,386 $224,386 2402 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $239,704 $239,704 $239,704 $464,090 $239,704 $239,704 $239,704 $464,090 $239,704 $239,704 $239,704 $464,090 66.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,985 $2,985 $2,985 66.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,608 $4,608 $4,608 66.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,658) ($2,658) ($2,658) 66.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($54) ($54) ($54) 66.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $133 $133 $133 66.6 Increase funds for general liability premiums. State General Funds $152 $152 $152 66.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $103 $103 $103 66.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($282) ($282) ($282) 66.100 -Building Construction Appropriation (HB 742) 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 $229,373 $229,373 $229,373 WEDNESDAY, MARCH 21, 2012 2403 State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $229,373 $239,704 $239,704 $239,704 $469,077 $229,373 $239,704 $239,704 $239,704 $469,077 $229,373 $239,704 $239,704 $239,704 $469,077 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 $62,063 $4,250,739 $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 $62,063 $4,250,739 $4,119,638 $4,119,638 $69,038 $69,038 $62,063 $62,063 $62,063 $4,250,739 67.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $24,212 $24,212 $24,212 67.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $18,433 $18,433 $18,433 67.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($10,631) ($10,631) ($10,631) 67.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($215) ($215) ($215) 2404 JOURNAL OF THE SENATE 67.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $532 $532 67.6 Increase funds for general liability premiums. State General Funds $607 $607 67.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $410 $410 67.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,127) ($1,127) 67.9 Replace funds for personnel. State General Funds Sales and Services Not Itemized Total Public Funds: ($50,865) $50,865 $0 ($50,865) $50,865 $0 67.10 Reduce funds for Regional Commissions. State General Funds ($51,536) ($77,500) $532 $607 $410 ($1,127) ($50,865) $50,865 $0 ($77,500) 67.100 -Coordinated Planning Appropriation (HB 742) 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 $4,049,458 $4,023,494 $4,023,494 State General Funds $4,049,458 $4,023,494 $4,023,494 TOTAL FEDERAL FUNDS $69,038 $69,038 $69,038 Federal Funds Not Itemized $69,038 $69,038 $69,038 TOTAL AGENCY FUNDS $112,928 $112,928 $112,928 Sales and Services $112,928 $112,928 $112,928 Sales and Services Not Itemized $112,928 $112,928 $112,928 TOTAL PUBLIC FUNDS $4,231,424 $4,205,460 $4,205,460 WEDNESDAY, MARCH 21, 2012 2405 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 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 $1,252,849 $1,252,849 $1,773,802 $1,773,802 $2,351,717 $83,091 $83,091 $2,070,482 $2,070,482 $198,144 $198,144 $5,378,368 68.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,546 $7,546 $7,546 68.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,585 $19,585 $19,585 68.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,296) ($11,296) ($11,296) 68.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($229) ($229) ($229) 68.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $566 $566 $566 68.6 Increase funds for general liability premiums. State General Funds $645 $645 $645 68.7 Increase funds to reflect an adjustment in PeopleSoft billings. 2406 JOURNAL OF THE SENATE State General Funds $436 $436 68.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,197) ($1,197) 68.9 Reduce funds for one vacant and three filled positions. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Reserved Fund Balances Not Itemized Intergovernmental Transfers Not Itemized Total Public Funds: ($49,058) ($149,118) ($712) ($712) ($66,684) ($266,284) ($49,058) ($149,118) ($712) ($712) ($66,684) ($266,284) 68.10 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($25,000) $25,000 $0 ($100,000) $100,000 $0 68.11 Reduce funds for contracts. State General Funds ($25,000) ($25,000) $436 ($1,197) ($49,058) ($149,118) ($712) ($712) ($66,684) ($266,284) ($100,000) $100,000 $0 ($25,000) 68.100-Departmental Administration Appropriation (HB 742) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $1,169,847 $1,094,847 $1,094,847 State General Funds $1,169,847 $1,094,847 $1,094,847 TOTAL FEDERAL FUNDS $1,624,684 $1,624,684 $1,624,684 Federal Funds Not Itemized $1,624,684 $1,624,684 $1,624,684 TOTAL AGENCY FUNDS $2,308,609 $2,383,609 $2,383,609 Reserved Fund Balances $82,379 $82,379 $82,379 Reserved Fund Balances Not Itemized $82,379 $82,379 $82,379 Intergovernmental Transfers $2,003,798 $2,003,798 $2,003,798 Intergovernmental Transfers Not Itemized $2,003,798 $2,003,798 $2,003,798 Sales and Services $222,432 $297,432 $297,432 Sales and Services Not Itemized $222,432 $297,432 $297,432 TOTAL PUBLIC FUNDS $5,103,140 $5,103,140 $5,103,140 WEDNESDAY, MARCH 21, 2012 2407 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 TOTAL PUBLIC FUNDS $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 $1,568,400 $1,568,400 $45,205,628 $45,205,628 $243,318 $243,318 $243,318 $47,017,346 69.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $17,851 $17,851 $17,851 69.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $26,496 $26,496 $26,496 69.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($15,283) ($15,283) ($15,283) 69.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($309) ($309) ($309) 69.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $765 $765 $765 69.6 Increase funds for general liability premiums. State General Funds $872 $872 $872 69.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $590 $590 $590 69.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. 2408 JOURNAL OF THE SENATE State General Funds 69.9 Reduce funds for one filled position. State General Funds Federal Funds Not Itemized Total Public Funds: 69.10 Reduce grant funds for the Appalachian Regional Commission. State General Funds ($1,619) ($42,205) ($42,205) ($84,410) ($30,000) ($1,619) ($42,205) ($42,205) ($84,410) ($30,000) ($1,619) ($42,205) ($42,205) ($84,410) ($30,000) 69.100-Federal Community and Economic Development Programs Appropriation (HB 742) 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 $1,525,558 $1,525,558 $1,525,558 State General Funds $1,525,558 $1,525,558 $1,525,558 TOTAL FEDERAL FUNDS $45,163,423 $45,163,423 $45,163,423 Federal Funds Not Itemized $45,163,423 $45,163,423 $45,163,423 TOTAL AGENCY FUNDS $243,318 $243,318 $243,318 Intergovernmental Transfers $243,318 $243,318 $243,318 Intergovernmental Transfers Not Itemized $243,318 $243,318 $243,318 TOTAL PUBLIC FUNDS $46,932,299 $46,932,299 $46,932,299 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 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 $0 $0 $794,163 $794,163 $3,837,828 $3,837,828 WEDNESDAY, MARCH 21, 2012 2409 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $3,837,828 $4,631,991 $3,837,828 $4,631,991 $3,837,828 $4,631,991 70.100 -Homeownership Programs Appropriation (HB 742) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 $794,163 $794,163 $3,837,828 $3,837,828 $3,837,828 $4,631,991 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,078,094 $1,078,094 $105,625 $105,625 $175,000 $175,000 $175,000 $1,358,719 $1,078,094 $1,078,094 $105,625 $105,625 $175,000 $175,000 $175,000 $1,358,719 $1,078,094 $1,078,094 $105,625 $105,625 $175,000 $175,000 $175,000 $1,358,719 71.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $13,948 $13,948 $13,948 2410 JOURNAL OF THE SENATE 71.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,737 $20,737 71.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($11,960) ($11,960) 71.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($242) ($242) 71.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $599 $599 71.6 Increase funds for general liability premiums. State General Funds $683 $683 71.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $462 $462 71.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,267) ($1,267) $20,737 ($11,960) ($242) $599 $683 $462 ($1,267) 71.100 -Regional Services Appropriation (HB 742) 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 $1,101,054 $1,101,054 $1,101,054 State General Funds $1,101,054 $1,101,054 $1,101,054 TOTAL FEDERAL FUNDS $105,625 $105,625 $105,625 Federal Funds Not Itemized $105,625 $105,625 $105,625 TOTAL AGENCY FUNDS $175,000 $175,000 $175,000 Intergovernmental Transfers $175,000 $175,000 $175,000 Intergovernmental Transfers Not Itemized $175,000 $175,000 $175,000 TOTAL PUBLIC FUNDS $1,381,679 $1,381,679 $1,381,679 WEDNESDAY, MARCH 21, 2012 2411 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $0 $0 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 72.100-Rental Housing Programs Appropriation (HB 742) 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 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 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 $117,798,098 $117,798,098 $3,067,096 $365,920 $365,920 $2,701,176 $2,701,176 $120,865,194 2412 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 PUBLIC FUNDS $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 $367,175 73.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $3,789 $3,789 $3,789 73.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,912 $6,912 $6,912 73.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,987) ($3,987) ($3,987) 73.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($81) ($81) ($81) 73.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $200 $200 $200 73.6 Increase funds for general liability premiums. State General Funds $228 $228 $228 73.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $154 $154 $154 73.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($422) ($422) ($422) 73.100 -Research and Surveys Appropriation (HB 742) 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. WEDNESDAY, MARCH 21, 2012 2413 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 $373,968 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 Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 $2,962,892 $2,962,892 $1,254,596 $1,254,596 $1,091,056 $255,979 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 74.100 -Special Housing Initiatives Appropriation (HB 742) 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 $2,962,892 $2,962,892 $2,962,892 State General Funds $2,962,892 $2,962,892 $2,962,892 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 $1,091,056 $1,091,056 $1,091,056 Reserved Fund Balances $255,979 $255,979 $255,979 2414 JOURNAL OF THE SENATE Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 $255,979 $835,077 $835,077 $16,410 $16,410 $16,410 $5,324,954 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 $849,908 $849,908 $85,166 $55,284 $55,284 $29,882 $29,882 $935,074 75.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $10,663 $10,663 $10,663 75.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $16,129 $16,129 $16,129 75.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($9,302) ($9,302) ($9,302) 75.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($188) ($188) ($188) 75.5 Increase funds to reflect an adjustment in unemployment insurance premiums. WEDNESDAY, MARCH 21, 2012 2415 State General Funds $466 $466 75.6 Increase funds for general liability premiums. State General Funds $530 $530 75.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $359 $359 75.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($986) ($986) $466 $530 $359 ($986) 75.100 -State Community Development Programs Appropriation (HB 742) 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 $867,579 $867,579 $867,579 State General Funds $867,579 $867,579 $867,579 TOTAL AGENCY FUNDS $85,166 $85,166 $85,166 Intergovernmental Transfers $55,284 $55,284 $55,284 Intergovernmental Transfers Not Itemized $55,284 $55,284 $55,284 Sales and Services $29,882 $29,882 $29,882 Sales and Services Not Itemized $29,882 $29,882 $29,882 TOTAL PUBLIC FUNDS $952,745 $952,745 $952,745 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 TOTAL PUBLIC FUNDS $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 $11,559,483 $11,559,483 $13,587 $13,587 $154,681 $154,681 $154,681 $11,727,751 2416 JOURNAL OF THE SENATE 76.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,284 $2,284 $2,284 76.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,304 $2,304 $2,304 76.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,329) ($1,329) ($1,329) 76.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($27) ($27) ($27) 76.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $67 $67 $67 76.6 Increase funds for general liability premiums. State General Funds $76 $76 $76 76.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $51 $51 $51 76.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($141) ($141) ($141) 76.9 Eliminate contract funds for Appalachian Community Enterprise (ACE). State General Funds ($25,000) ($25,000) 76.100 -State Economic Development Program Appropriation (HB 742) 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 $11,562,768 $11,537,768 $11,537,768 State General Funds $11,562,768 $11,537,768 $11,537,768 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 WEDNESDAY, MARCH 21, 2012 2417 Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $154,681 $11,731,036 $154,681 $11,706,036 $154,681 $11,706,036 Payments to Georgia Environmental Finance 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 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 $283,495 77.1 Reduce funds for contracts with the Georgia Rural Water Association. (H and S:NO; Increase funds for the Georgia Rural Water Association) State General Funds ($5,670) $15,000 $15,000 77.100-Payments to Georgia Environmental Finance Authority Appropriation (HB 742) The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. TOTAL STATE FUNDS $277,825 $298,495 $298,495 State General Funds $277,825 $298,495 $298,495 TOTAL PUBLIC FUNDS $277,825 $298,495 $298,495 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 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 $2,953,873 78.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $34,879 $34,879 $34,879 78.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. 2418 JOURNAL OF THE SENATE State General Funds $62,642 78.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $36,963 78.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $5,527 78.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $5,448 78.6 Increase funds for general liability premiums. State General Funds $1,223 78.7 Reduce funds and replace with federal funds for two positions. State General Funds ($59,077) $62,642 $36,963 $5,527 $5,448 $1,223 ($59,077) $62,642 $36,963 $5,527 $5,448 $1,223 ($59,077) 78.100 -Payments to Georgia Regional Transportation Authority Appropriation (HB 742) 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 $3,041,478 $3,041,478 $3,041,478 State General Funds $3,041,478 $3,041,478 $3,041,478 TOTAL PUBLIC FUNDS $3,041,478 $3,041,478 $3,041,478 Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 79.1 Increase funds for rural economic development. (H:Recognize additional revenues) State General Funds $10,000,000 $10,500,000 $10,600,000 WEDNESDAY, MARCH 21, 2012 2419 79.100 -Payments to OneGeorgia Authority The purpose of this appropriation is to provide funds for the OneGeorgia Authority. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $10,000,000 $10,000,000 $10,000,000 Appropriation (HB 742) $10,500,000 $10,500,000 $10,500,000 $10,600,000 $10,600,000 $10,600,000 Section 17: Community Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS Section Total - Continuation $2,454,836,912 $2,454,836,912 $2,454,836,912 $1,997,183,668 $1,997,183,668 $1,997,183,668 $102,193,257 $102,193,257 $102,193,257 $131,321,939 $131,321,939 $131,321,939 $224,138,048 $224,138,048 $224,138,048 $5,121,919,026 $5,121,919,026 $5,121,919,026 $10,404,336 $10,404,336 $10,404,336 $4,912,291,258 $4,912,291,258 $4,912,291,258 $199,223,432 $199,223,432 $199,223,432 $234,675,562 $234,675,562 $234,675,562 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,386,913,865 $3,106,056,603 $3,106,056,603 $3,106,056,603 $280,857,262 $280,857,262 $280,857,262 $11,198,345,365 $11,198,345,365 $11,198,345,365 2420 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Nursing Home Provider Fees Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized ARRA-Health Info Tech Professionals CFDA93.721 Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments Optional Medicaid Services Payments TOTAL PUBLIC FUNDS Section Total - Final $2,711,022,641 $2,708,788,923 $2,709,616,267 $2,212,652,977 $2,205,848,678 $2,206,676,022 $110,193,257 $110,193,257 $110,193,257 $152,874,380 $157,444,961 $157,444,961 $235,302,027 $235,302,027 $235,302,027 $5,634,621,016 $5,727,279,950 $5,735,374,126 $10,404,336 $10,404,336 $10,404,336 $20,959,508 $20,959,508 $20,959,508 $5,329,873,747 $5,422,532,681 $5,430,626,857 $273,383,425 $273,383,425 $273,383,425 $234,675,562 $234,675,562 $234,675,562 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $214,057,828 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $1,242,519 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $2,400,000 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $10,475,215 $3,287,944,412 $3,287,944,412 $3,291,444,412 $3,287,944,412 $3,287,944,412 $3,291,444,412 $3,007,087,150 $3,007,087,150 $3,010,587,150 $280,857,262 $280,857,262 $280,857,262 $11,868,263,631 $11,958,688,847 $11,971,110,367 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 $63,956,153 $63,956,153 $63,956,153 $63,956,153 $63,956,153 $63,956,153 WEDNESDAY, MARCH 21, 2012 2421 TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 State Children's Insurance Program CFDA93.767 TOTAL AGENCY FUNDS Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 $240,160,879 $1,922,629 $215,201,295 $23,036,955 $2,854,039 $1,242,519 $1,242,519 $1,611,520 $1,611,520 $21,102,191 $21,102,191 $21,102,191 $328,073,262 80.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $419,886 $419,886 $419,886 80.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $311,571 $311,571 $311,571 80.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($25,505) ($25,505) ($25,505) 80.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $98,222 $98,222 $98,222 80.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $23,161 $23,161 $23,161 80.6 Increase funds for general liability premiums. State General Funds $69,720 $69,720 $69,720 80.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,088 $4,088 $4,088 2422 JOURNAL OF THE SENATE 80.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,015) ($6,015) ($6,015) 80.9 Reduce funds for operations. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) ($164,050) ($164,050) ($328,100) 80.10 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($1,119,230) ($1,119,230) ($2,238,460) ($1,119,230) ($1,119,230) ($2,238,460) ($1,119,230) ($1,119,230) ($2,238,460) 80.11 Increase funds for a one-time project to evaluate a new reimbursement methodology for outpatient services. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $600,000 $0 $0 $600,000 $0 $0 $1,200,000 $0 $0 80.12 Increase funds for consulting contracts to assess the managed care program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $650,000 $650,000 $1,300,000 $650,000 $650,000 $1,300,000 $400,000 $400,000 $800,000 80.13 Increase funds for the federally mandated implementation of expanded diagnosis and procedure codes for Medicaid billing. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,663,396 $14,970,564 $16,633,960 $663,396 $5,970,564 $6,633,960 $1,663,396 $14,970,564 $16,633,960 80.14 Increase funds to expand efforts to identify inappropriate and medically unnecessary service utilization. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $2,000,000 $2,000,000 $4,000,000 $3,750,000 $3,750,000 $7,500,000 $2,000,000 $2,000,000 $4,000,000 80.98 Transfer funds for the Office of Health Information Technology and Transparency from the Administration program to the Health Care Access and Improvement program to align budget with program purpose. State General Funds ($494,460) ($494,460) ($494,460) WEDNESDAY, MARCH 21, 2012 2423 80.100-Departmental Administration and Program Support Appropriation (HB 742) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $67,986,937 $68,136,937 $67,136,937 State General Funds $67,986,937 $68,136,937 $67,136,937 TOTAL FEDERAL FUNDS $257,098,163 $249,248,163 $256,248,163 Federal Funds Not Itemized $1,922,629 $1,922,629 $1,922,629 Medical Assistance Program CFDA93.778 $232,138,579 $224,288,579 $231,288,579 State Children's Insurance Program CFDA93.767 $23,036,955 $23,036,955 $23,036,955 TOTAL AGENCY FUNDS $2,854,039 $2,854,039 $2,854,039 Rebates, Refunds, and Reimbursements $1,242,519 $1,242,519 $1,242,519 Rebates, Refunds, and Reimbursements Not Itemized $1,242,519 $1,242,519 $1,242,519 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 $21,102,191 $21,102,191 $21,102,191 State Funds Transfers $21,102,191 $21,102,191 $21,102,191 Health Insurance Payments $21,102,191 $21,102,191 $21,102,191 TOTAL PUBLIC FUNDS $349,041,330 $341,341,330 $347,341,330 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 and the Office of Health Information Technology and Transparency. 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 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 $6,792,954 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 $6,792,954 $6,104,116 $6,104,116 $588,838 $172,588 $416,250 $100,000 $100,000 $100,000 $6,792,954 2424 JOURNAL OF THE SENATE 81.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $37,756 $37,756 $37,756 81.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $50,504 $50,504 $50,504 81.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $7,114 $7,114 $7,114 81.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,666 $1,666 $1,666 81.5 Increase funds for general liability premiums. State General Funds $5,015 $5,015 $5,015 81.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($428) ($428) ($428) 81.7 Reduce one-time funds for Federally Qualified Health Centers. State General Funds ($1,000,000) ($1,000,000) ($1,000,000) 81.8 Increase funds for the distribution of federal Medicaid Incentive Program payments to providers adopting electronic health records. State General Funds ARRA-Health Info Tech Professionals CFDA93.721 Total Public Funds: $1,150,000 $13,018,046 $14,168,046 $1,150,000 $13,018,046 $14,168,046 $1,150,000 $13,018,046 $14,168,046 81.9 Transfer funds for health planning from the Health Care Access and Improvement program to the Healthcare Facility Regulation program. State General Funds Sales and Services Not Itemized Total Public Funds: ($1,026,719) ($100,000) ($1,126,719) ($1,026,719) ($100,000) ($1,126,719) ($1,026,719) ($100,000) ($1,126,719) 81.10 Increase funds to reflect federal funds for development and implementation of a Health Information Exchange. ARRA-Health Info Tech Professionals CFDA93.721 $7,941,462 $7,941,462 $7,941,462 WEDNESDAY, MARCH 21, 2012 2425 81.11 Increase funds for Area Health Education Centers (AHEC) to increase ongoing housing resources available to support community-based training of medical students completing third and fourth year medical school core clerkships and rural/primary care electives. State General Funds $693,750 $693,750 81.12 Increase funds for start up of new Federally Qualified Community Health Centers (FQHCs) in Whitfield County and Randolph County. (S:Increase funds for start up of new FQHCs in Whitfield, Randolph, Butts, and Macon counties) State General Funds $500,000 $1,000,000 81.13 Increase funds for the Southeastern Firefighters' Burn Foundation, Inc. State General Funds $35,000 $80,000 81.98 Transfer funds for the Office of Health Information Technology and Transparency from the Administration program to the Health Care Access and Improvement program to align budget with program purpose. State General Funds $494,460 $494,460 $494,460 81.99 SAC: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. House: 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. Governor: The purpose of this appropriation is to provide grants and other support services for programs that seek to improve health access and outcomes in rural and underserved areas of Georgia through the State Office of Rural Health, the various commissions of the Office of Health Improvement, and the Office of Health Information Technology and Transparency. State General Funds $0 $0 $0 81.100 -Health Care Access and Improvement Appropriation (HB 742) 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 $5,823,484 $7,052,234 $7,597,234 State General Funds $5,823,484 $7,052,234 $7,597,234 TOTAL FEDERAL FUNDS $21,548,346 $21,548,346 $21,548,346 2426 JOURNAL OF THE SENATE Federal Funds Not Itemized ARRA-Health Info Tech Professionals CFDA93.721 Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $172,588 $20,959,508 $416,250 $27,371,830 $172,588 $20,959,508 $416,250 $28,600,580 $172,588 $20,959,508 $416,250 $29,145,580 Healthcare Facility Regulation 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 PUBLIC FUNDS $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 $5,903,750 $5,903,750 $8,461,900 $5,521,905 $2,939,995 $14,365,650 82.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $69,965 $69,965 $69,965 82.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $123,712 $123,712 $123,712 82.3 Transfer funds for health planning from the Health Care Access and Improvement program to the Healthcare Facility Regulation program. State General Funds Sales and Services Not Itemized Total Public Funds: $1,026,719 $100,000 $1,126,719 $1,026,719 $100,000 $1,126,719 $1,026,719 $100,000 $1,126,719 82.100-Healthcare Facility Regulation The purpose of this appropriation is to inspect and license long term care and health care facilities. TOTAL STATE FUNDS $7,124,146 State General Funds $7,124,146 TOTAL FEDERAL FUNDS $8,461,900 Federal Funds Not Itemized $5,521,905 Appropriation (HB 742) $7,124,146 $7,124,146 $8,461,900 $5,521,905 $7,124,146 $7,124,146 $8,461,900 $5,521,905 WEDNESDAY, MARCH 21, 2012 2427 Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,939,995 $100,000 $100,000 $100,000 $15,686,046 $2,939,995 $100,000 $100,000 $100,000 $15,686,046 $2,939,995 $100,000 $100,000 $100,000 $15,686,046 Indigent Care Trust Fund Continuation Budget The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers 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 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $0 $0 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $2,200,000 $8,863,695 $8,863,695 $407,526,188 83.100 -Indigent Care Trust Fund Appropriation (HB 742) The purpose of this appropriation is to support rural and other healthcare providers, primarily hospitals, that serve medically indigent Georgians. TOTAL FEDERAL FUNDS Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Intergovernmental Transfers Hospital Authorities Sales and Services $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 $257,075,969 $257,075,969 $150,450,219 $139,386,524 $139,386,524 $2,200,000 2428 JOURNAL OF THE SENATE Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $2,200,000 $8,863,695 $8,863,695 $407,526,188 $2,200,000 $8,863,695 $8,863,695 $407,526,188 $2,200,000 $8,863,695 $8,863,695 $407,526,188 Medicaid: Aged, Blind, and Disabled Continuation Budget The purpose of this appropriation is to provide health care access primarily to elderly and disabled individuals. 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 Hospital Provider Fee TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 $1,338,992,813 $1,182,182,833 $131,321,939 $25,488,041 $2,626,426,387 $2,787,214 $2,623,639,173 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,301,550,820 84.1 Reduce funds to reflect savings from increased efforts to identify inappropriate and medically unnecessary service utilization. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($4,165,200) ($7,981,782) ($12,146,982) ($8,103,598) ($15,528,942) ($23,632,540) ($8,103,598) ($15,528,942) ($23,632,540) 84.2 Increase funds to round copays down to the nearest whole or half dollar. WEDNESDAY, MARCH 21, 2012 2429 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,451,485 $2,781,484 $4,232,969 $1,451,485 $2,781,484 $4,232,969 $1,451,485 $2,781,484 $4,232,969 84.3 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,539,444 $2,981,684 $4,521,128 $1,539,444 $2,981,684 $4,521,128 $1,539,444 $2,981,684 $4,521,128 84.4 Increase funds to reflect a decrease in the Federal Medical Assistance Percentage (FMAP) rate from 65.95% to 65.71%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $9,039,313 ($9,039,313) $0 $9,039,313 ($9,039,313) $0 $9,039,313 ($9,039,313) $0 84.5 Increase funds for projected Medicaid growth. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $19,435,473 $37,244,239 $56,679,712 $19,435,473 $37,244,239 $56,679,712 $19,435,473 $37,244,239 $56,679,712 84.6 Increase Nursing Home Provider Fees to reflect projected revenue. Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $68,149 $35,563 $103,712 $68,149 $35,563 $103,712 $68,149 $35,563 $103,712 84.7 Increase funds to reflect the increase in the Nursing Home Provider Fee and use funds to update to the 2009 cost report. (H and S:Increase the Nursing Home Provider Fee and state funds to update the nursing home reimbursement rates to the 2010 cost report) State General Funds Medical Assistance Program CFDA93.778 Nursing Home Provider Fees Total Public Funds: $41,232,839 $21,516,878 $62,749,717 $3,959,503 $57,579,057 $26,087,459 $87,626,019 $3,959,503 $57,579,057 $26,087,459 $87,626,019 84.8 Increase funds to reflect federal funds from the Balancing Incentive Payment Program and invest in Medicaid long term services and supports. Medical Assistance Program CFDA93.778 $19,086,355 $19,086,355 $19,086,355 2430 JOURNAL OF THE SENATE 84.9 Increase funds to reflect single-dose vial reimbursement in the physician office setting. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,200,000 $0 $2,299,563 $0 $3,499,563 $0 84.10 Increase funds for 50 Independent Care Waiver Program (ICWP) slots. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $810,101 $1,552,398 $2,362,499 $810,101 $1,552,398 $2,362,499 84.11 Increase federal funds to reflect the increase in specific immunization codes and evaluation and management codes to match the Medicare fee schedule. Medical Assistance Program CFDA93.778 $32,340,076 $32,340,076 84.12 Increase funds to update nursing home fair rental value system to account for the RS Means Construction Index. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $1,500,000 $2,874,453 $4,374,453 84.13 Increase funds to develop quality incentive payments for the SOURCE program. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $100,000 $191,630 $291,630 84.100 -Medicaid: Aged, Blind, and Disabled Appropriation (HB 742) 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 $1,387,845,769 $1,394,447,556 $1,394,847,556 State General Funds $1,209,483,348 $1,211,514,554 $1,211,914,554 Nursing Home Provider Fees $152,874,380 $157,444,961 $157,444,961 Hospital Provider Fee $25,488,041 $25,488,041 $25,488,041 TOTAL FEDERAL FUNDS $2,712,800,042 $2,757,791,137 $2,758,557,657 WEDNESDAY, MARCH 21, 2012 2431 Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Hospital Authorities TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $2,787,214 $2,710,012,828 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,436,777,431 $2,787,214 $2,755,003,923 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,488,370,313 $2,787,214 $2,755,770,443 $68,842,988 $6,500,000 $6,500,000 $62,342,988 $62,342,988 $267,288,632 $267,288,632 $267,288,632 $4,489,536,833 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 Hospital Provider Fee TOTAL FEDERAL FUNDS 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 $939,577,761 $640,361,746 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 $939,577,761 $640,361,746 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 $939,577,761 $640,361,746 $102,193,257 $197,022,758 $1,813,018,576 $1,813,018,576 $12,328,316 $12,328,316 $12,328,316 $13,416,847 $13,416,847 $13,416,847 $2,778,341,500 85.1 Increase funds to maintain 12 months of care management organization (CMO) capitation payments. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $75,612,649 $142,228,460 $217,841,109 $75,612,649 $142,228,460 $217,841,109 $75,612,649 $142,228,460 $217,841,109 2432 JOURNAL OF THE SENATE 85.2 Increase funds for projected growth in Medicaid. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,028,251 $5,803,044 $8,831,295 $3,028,251 $5,803,044 $8,831,295 $3,028,251 $5,803,044 $8,831,295 85.3 Increase funds to restore the FY2012 reduction to Medicaid: Low-Income Medicaid. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $77,555,551 $145,883,086 $223,438,637 $77,555,551 $145,883,086 $223,438,637 $77,555,551 $145,883,086 $223,438,637 85.4 Increase funds to reflect a decrease in the Federal Medical Assistance Percentage (FMAP) rate from 65.95% to 65.71%. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $7,904,988 ($7,904,988) $0 $7,904,988 ($7,904,988) $0 $7,904,988 ($7,904,988) $0 85.5 Increase funds to round copays down to the nearest whole or half dollar. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $360,465 $690,760 $1,051,225 $360,465 $690,760 $1,051,225 $360,465 $690,760 $1,051,225 85.6 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: $3,189,513 $6,177,631 $9,367,144 $3,189,513 $6,177,631 $9,367,144 $3,189,513 $6,177,631 $9,367,144 85.7 Replace funds. State General Funds Tobacco Settlement Funds Total Public Funds: ($8,000,000) $8,000,000 $0 ($8,000,000) $8,000,000 $0 ($8,000,000) $8,000,000 $0 85.8 Increase funds to reflect projected Hospital Provider Payment revenue. Medical Assistance Program CFDA93.778 Hospital Provider Fee Total Public Funds: $21,393,557 $11,163,979 $32,557,536 $21,393,557 $11,163,979 $32,557,536 $21,393,557 $11,163,979 $32,557,536 85.9 Reduce funds to reflect anticipated FY2012 reserves. WEDNESDAY, MARCH 21, 2012 2433 State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($12,795,271) $12,795,271 $0 ($13,122,927) $13,122,927 $0 85.10 Increase federal funds to reflect the increase in specific immunization codes and evaluation and management codes to match the Medicare fee schedule. Medical Assistance Program CFDA93.778 $42,722,568 $42,722,568 85.100 -Medicaid: Low-Income Medicaid Appropriation (HB 742) The purpose of this appropriation is to provide healthcare access primarily to low-income individuals. TOTAL STATE FUNDS $1,118,393,157 $1,105,597,886 $1,105,270,230 State General Funds $800,013,163 $787,217,892 $786,890,236 Tobacco Settlement Funds $110,193,257 $110,193,257 $110,193,257 Hospital Provider Fee $208,186,737 $208,186,737 $208,186,737 TOTAL FEDERAL FUNDS $2,127,290,126 $2,182,807,965 $2,183,135,621 Medical Assistance Program CFDA93.778 $2,127,290,126 $2,182,807,965 $2,183,135,621 TOTAL AGENCY FUNDS $12,328,316 $12,328,316 $12,328,316 Intergovernmental Transfers $12,328,316 $12,328,316 $12,328,316 Hospital Authorities $12,328,316 $12,328,316 $12,328,316 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $13,416,847 $13,416,847 $13,416,847 State Funds Transfers $13,416,847 $13,416,847 $13,416,847 Optional Medicaid Services Payments $13,416,847 $13,416,847 $13,416,847 TOTAL PUBLIC FUNDS $3,271,428,446 $3,314,151,014 $3,314,151,014 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 Hospital Provider Fee TOTAL FEDERAL FUNDS State Children's Insurance Program CFDA93.767 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 $55,439,478 $53,812,229 $1,627,249 $176,186,477 $176,186,477 $151,783 $151,783 2434 JOURNAL OF THE SENATE Optional Medicaid Services Payments TOTAL PUBLIC FUNDS $151,783 $151,783 $151,783 $231,777,738 $231,777,738 $231,777,738 86.1 Increase funds to maintain 12 months of care management organization (CMO) fees. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $6,576,280 $20,517,993 $27,094,273 $6,576,280 $20,517,993 $27,094,273 $6,576,280 $20,517,993 $27,094,273 86.2 Increase funds for projected growth in PeachCare. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $3,791,481 $12,006,357 $15,797,838 $3,791,481 $12,006,357 $15,797,838 $3,791,481 $12,006,357 $15,797,838 86.3 Increase funds to cover the transition of eligible individuals from the State Health Benefit Plan to PeachCare. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $8,027,728 $25,421,139 $33,448,867 $8,027,728 $25,421,139 $33,448,867 $8,027,728 $25,421,139 $33,448,867 86.4 Increase funds to reflect the decrease in the Federal Medical Assistance Percentage (FMAP) rate from 76.17% to 76.00%. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $475,979 ($475,979) $0 $475,979 ($475,979) $0 $475,979 ($475,979) $0 86.5 Increase funds for a provider rate increase to ensure provider access for children of state employees newly eligible and enrolled in PeachCare. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $4,688,225 $14,846,046 $19,534,271 $4,688,225 $14,846,046 $19,534,271 $4,688,225 $14,846,046 $19,534,271 86.6 Increase funds to round copays down to the nearest whole or half dollar. State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $229,550 $726,908 $956,458 $229,550 $726,908 $956,458 $229,550 $726,908 $956,458 86.7 Increase funds to maintain provider rates and remove the 0.5% provider rate cut. WEDNESDAY, MARCH 21, 2012 2435 State General Funds State Children's Insurance Program CFDA93.767 Total Public Funds: $349,622 $1,117,529 $1,467,151 $349,622 $1,117,529 $1,467,151 $349,622 $1,117,529 $1,467,151 86.100 -PeachCare Appropriation (HB 742) The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. TOTAL STATE FUNDS $79,578,343 $79,578,343 $79,578,343 State General Funds $77,951,094 $77,951,094 $77,951,094 Hospital Provider Fee $1,627,249 $1,627,249 $1,627,249 TOTAL FEDERAL FUNDS $250,346,470 $250,346,470 $250,346,470 State Children's Insurance Program CFDA93.767 $250,346,470 $250,346,470 $250,346,470 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 $330,076,596 $330,076,596 $330,076,596 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 $0 $0 $3,084,954,412 $3,084,954,412 $3,084,954,412 $3,084,954,412 87.1 Reduce funds to reflect revenue and expense projections. Health Insurance Payments ($116,306,875) ($116,306,875) ($116,306,875) 87.2 Decrease funds to reflect savings from the second year of the EnGAgement wellness program implementation. Health Insurance Payments ($28,968,166) ($28,968,166) ($28,968,166) 2436 JOURNAL OF THE SENATE 87.3 Increase funds for the implementation of a tobacco cessation program. Health Insurance Payments $2,800,000 $2,800,000 $2,800,000 87.4 Reduce funds to reflect savings from the elimination of the bariatric surgery benefit. (S:NO; Restore bariatric surgery benefit for Plan Year 2013) Health Insurance Payments ($3,500,000) ($3,500,000) $0 87.5 Reduce funds to reflect savings from offering the Tricare supplement plan to members who are former military personnel. Health Insurance Payments ($3,600,000) ($3,600,000) ($3,600,000) 87.6 Reduce funds to reflect savings from the transition of eligible members to PeachCare. Health Insurance Payments ($32,000,000) ($32,000,000) ($32,000,000) 87.7 Reduce funds to reflect savings from implementing a mandatory specialty drugs benefit. Health Insurance Payments ($3,817,392) ($3,817,392) ($3,817,392) 87.8 Reduce funds to reflect savings from implementing a voluntary mail order program for maintenance drugs. Health Insurance Payments ($1,581,792) ($1,581,792) ($1,581,792) 87.9 Reduce funds to reflect savings from decreasing the reimbursement rate for out-of-network providers. Health Insurance Payments ($33,100,000) ($33,100,000) ($33,100,000) 87.10 Reduce funds to reflect savings from implementing tiers for prescriptions in the HRA plan. Health Insurance Payments ($68,968,374) ($68,968,374) ($68,968,374) 87.11 Reduce funds to reflect savings from eliminating the vision benefit in the HMO plan. Health Insurance Payments ($4,722,689) ($4,722,689) ($4,722,689) 87.12 Reduce funds to reflect savings from plan design changes in the Medicare Advantage plans. Health Insurance Payments ($2,989,289) ($2,989,289) ($2,989,289) 87.13 Increase funds to reflect a per member per month (PMPM) billings rate increase for non-certificated school service employees from $246.20 to $296.20, effective September 2011. Health Insurance Payments $41,541,769 $41,541,769 $41,541,769 87.14 Increase funds to reflect an increase in per member per month billings for non-certificated school service employees from $296.20 to $446.20, effective July 2012. WEDNESDAY, MARCH 21, 2012 2437 Health Insurance Payments $114,106,407 $114,106,407 $114,106,407 87.15 Increase funds to reflect an employee premium increase of 6.2% due to the requirements of the Patient Protection and Affordable Care Act (PPACA). Health Insurance Payments $35,800,000 $35,800,000 $35,800,000 87.16 Increase funds to reflect increased employer contributions to the State Health Benefit Plan. Health Insurance Payments $68,956,408 $68,956,408 $68,956,408 87.17 Reduce funds to reflect additional plan design and/or revenue strategies to cover projected expenses for FY2013. (H and S:Identify additional plan design and/or revenue strategies to cover projected FY2013 expense, with increases in employee premiums not to exceed 10%) Health Insurance Payments ($62,619,460) ($62,619,460) ($62,619,460) 87.18 Implement direct billing for employer contributions for certificated personnel by setting a per member per month contribution that generates revenue equivalent to the percent of payroll amount. (G:YES)(H:YES)(S:NO; The Department shall issue a report on the state, federal, and local fund impact of this policy option by January 1, 2013) Health Insurance Payments $0 $0 $0 87.100-State Health Benefit Plan Appropriation (HB 742) The purpose of this appropriation is to provide a healthcare benefit for teachers and state employees that is competitive with other commercial benefit plans in quality of care and access to providers; and to provide for the efficient management of provider fees and utilization rates. TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Health Insurance Payments TOTAL PUBLIC FUNDS $2,985,984,959 $2,985,984,959 $2,985,984,959 $2,985,984,959 $2,985,984,959 $2,985,984,959 $2,985,984,959 $2,985,984,959 $2,989,484,959 $2,989,484,959 $2,989,484,959 $2,989,484,959 Georgia Composite Medical Board 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. 2438 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 $1,967,046 $1,967,046 $100,000 $100,000 $100,000 $2,067,046 88.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $25,207 $25,207 $25,207 88.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $44,194 $44,194 $44,194 88.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,333) ($1,333) ($1,333) 88.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $8,537 $8,537 $8,537 88.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,999 $1,999 $1,999 88.6 Increase funds for general liability premiums. State General Funds $6,017 $6,017 $6,017 88.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($513) ($513) ($513) 88.8 Reduce funds for rent. (H and S:Reduce funds for personnel) State General Funds ($5,000) ($5,000) ($5,000) 88.9 Increase funds for laser licensure. State General Funds $10,000 88.99 SAC: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, residency trainees, respiratory care professionals, perfusionists, acupuncturists, orthotists, prosthetists, and auricular (ear) WEDNESDAY, MARCH 21, 2012 2439 detoxification specialists. The purpose of this appropriation is also to investigate complaints and discipline those who violate the Medical Practice Act or other laws governing the professional behavior of the Board licensees. State General Funds $0 88.100-Georgia Composite Medical Board Appropriation (HB 742) The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, residency trainees, 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 $2,046,154 $2,046,154 $2,056,154 State General Funds $2,046,154 $2,046,154 $2,056,154 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 $2,146,154 $2,146,154 $2,156,154 Physician Workforce, Georgia Board for: 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 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 $654,416 89.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,847 $7,847 $7,847 89.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,212 $10,212 $10,212 89.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($229) ($229) ($229) 89.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $3,130 $3,130 $3,130 2440 JOURNAL OF THE SENATE 89.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $733 $733 $733 89.6 Increase funds for general liability premiums. State General Funds $2,207 $2,207 $2,207 89.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($188) ($188) ($188) 89.8 Transfer funds from the Georgia Board for Physician Workforce Administration program to the Physicians for Rural Areas program. State General Funds ($40,000) ($40,000) ($40,000) 89.9 Increase funds for an operations analyst position. State General Funds $47,000 $47,000 89.100-Physician Workforce, Georgia Board for: Board Administration The purpose of this appropriation is to provide administrative support to all agency programs. TOTAL STATE FUNDS $638,128 State General Funds $638,128 TOTAL PUBLIC FUNDS $638,128 Appropriation (HB 742) $685,128 $685,128 $685,128 $685,128 $685,128 $685,128 Physician Workforce, Georgia Board for: 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 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 $7,878,358 90.1 Transfer funds from the Morehouse School of Medicine operating grant to the Graduate Medical Education program. State General Funds $1,445,803 $0 $0 WEDNESDAY, MARCH 21, 2012 2441 90.2 Maximize federal participation for Graduate Medical Education programs. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 90.3 Increase funds for nine new residents at Houston Medical Center. State General Funds $185,895 $185,895 90.4 Increase funds to provide "bridge funds" to support new Primary Care Graduate Medical Education expansion programs with funding gaps, to include the Southwest Georgia Consortium and Gwinnett Medical Center. State General Funds $853,265 $853,265 90.5 Transfer funds for the Health Professions Initiative for graduate medical education from the Board of Regents to the Georgia Board for Physician Workforce. State General Funds $1,200,000 90.100-Physician Workforce, Georgia Board for: Graduate Medical Education Appropriation (HB 742) 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 $9,324,161 $8,917,518 $10,117,518 State General Funds $9,324,161 $8,917,518 $10,117,518 TOTAL PUBLIC FUNDS $9,324,161 $8,917,518 $10,117,518 Physician Workforce, Georgia Board for: 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 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 $20,169,911 91.1 Reduce funds for the Mercer School of Medicine operating grant. State General Funds ($417,454) $0 $0 2442 JOURNAL OF THE SENATE 91.2 Increase funds to continue class size expansion and to align per capita funding to other Georgia medical schools. State General Funds $800,000 $800,000 91.100-Physician Workforce, Georgia Board for: Mercer School of Medicine Grant Appropriation (HB 742) 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 $19,752,457 $20,969,911 $20,969,911 State General Funds $19,752,457 $20,969,911 $20,969,911 TOTAL PUBLIC FUNDS $19,752,457 $20,969,911 $20,969,911 Physician Workforce, Georgia Board for: 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 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 $10,671,474 92.1 Reduce funds for the Morehouse School of Medicine operating grant. State General Funds ($220,865) $0 $0 92.2 Transfer funds from the Morehouse School of Medicine operating grant to the Graduate Medical Education program. State General Funds ($1,445,803) $0 $0 92.100-Physician Workforce, Georgia Board for: Morehouse School of Medicine Grant Appropriation (HB 742) 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 $9,004,806 $10,671,474 $10,671,474 State General Funds $9,004,806 $10,671,474 $10,671,474 TOTAL PUBLIC FUNDS $9,004,806 $10,671,474 $10,671,474 WEDNESDAY, MARCH 21, 2012 2443 Physician Workforce, Georgia Board for: Physicians for Rural Areas 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 of aid to promising medical students. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 $790,000 93.1 Transfer funds from the Georgia Board for Physician Workforce Administration program to the Physicians for Rural Areas program. State General Funds $40,000 $40,000 $40,000 93.100-Physician Workforce, Georgia Board for: Physicians for Rural Areas Appropriation (HB 742) The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical students. TOTAL STATE FUNDS $830,000 $830,000 $830,000 State General Funds $830,000 $830,000 $830,000 TOTAL PUBLIC FUNDS $830,000 $830,000 $830,000 Physician Workforce, Georgia Board for: 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 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 $2,731,636 94.1 Reduce funds. State General Funds ($56,537) $0 $0 2444 JOURNAL OF THE SENATE 94.100 -Physician Workforce, Georgia Board for: Undergraduate Medical Education Appropriation (HB 742) 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 $2,675,099 $2,731,636 $2,731,636 State General Funds $2,675,099 $2,731,636 $2,731,636 TOTAL PUBLIC FUNDS $2,675,099 $2,731,636 $2,731,636 Section 18: Corrections, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,054,856,930 $1,054,856,930 $1,054,856,930 $1,054,856,930 $3,598,119 $3,598,119 $3,598,119 $3,598,119 $27,709,215 $27,709,215 $9,239,293 $9,239,293 $9,239,293 $9,239,293 $655,104 $655,104 $655,104 $655,104 $17,814,818 $17,814,818 $17,814,818 $17,814,818 $1,086,164,264 $1,086,164,264 $1,054,856,930 $1,054,856,930 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $17,814,818 $17,814,818 $1,086,164,264 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Section Total - Final $1,121,908,791 $1,121,908,791 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $1,121,908,791 $1,121,908,791 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 $1,123,276,791 $1,123,276,791 $3,598,119 $3,598,119 $27,709,215 $9,239,293 $9,239,293 $655,104 $655,104 WEDNESDAY, MARCH 21, 2012 2445 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $17,814,818 $17,814,818 $17,814,818 $17,814,818 $17,814,818 $17,814,818 $1,153,216,125 $1,153,216,125 $1,154,584,125 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,005,846 $6,005,846 $7,046 $7,046 $7,046 $6,012,892 $6,005,846 $6,005,846 $7,046 $7,046 $7,046 $6,012,892 $6,005,846 $6,005,846 $7,046 $7,046 $7,046 $6,012,892 95.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $52,182 $52,182 $52,182 95.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $79,837 $79,837 $79,837 95.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,386 $5,386 $5,386 95.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $11,144 $11,144 $11,144 95.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($556) ($556) ($556) 95.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $679 $679 $679 95.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,836) ($5,836) ($5,836) 2446 JOURNAL OF THE SENATE 95.100 -Bainbridge Probation Substance Abuse Treatment Center Appropriation (HB 742) 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 $6,148,682 $6,148,682 $6,148,682 State General Funds $6,148,682 $6,148,682 $6,148,682 TOTAL AGENCY FUNDS $7,046 $7,046 $7,046 Sales and Services $7,046 $7,046 $7,046 Sales and Services Not Itemized $7,046 $7,046 $7,046 TOTAL PUBLIC FUNDS $6,155,728 $6,155,728 $6,155,728 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 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 $9,596,724 96.100 -County Jail Subsidy Appropriation (HB 742) 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 $9,596,724 $9,596,724 $9,596,724 State General Funds $9,596,724 $9,596,724 $9,596,724 TOTAL PUBLIC FUNDS $9,596,724 $9,596,724 $9,596,724 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 $50,685,350 $50,685,350 $70,555 $70,555 $50,685,350 $50,685,350 $70,555 $70,555 $50,685,350 $50,685,350 $70,555 $70,555 WEDNESDAY, MARCH 21, 2012 2447 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $598,273 $598,273 $598,273 $51,354,178 $598,273 $598,273 $598,273 $51,354,178 $598,273 $598,273 $598,273 $51,354,178 97.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $507,532 $507,532 $507,532 97.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $760,692 $760,692 $760,692 97.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $223,338 $223,338 $223,338 97.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $64,449 $64,449 $64,449 97.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($3,212) ($3,212) ($3,212) 97.6 Increase funds for general liability premiums. State General Funds $3,761,159 $3,761,159 $3,761,159 97.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $3,847 $3,847 $3,847 97.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($33,073) ($33,073) ($33,073) 97.9 Increase funds to implement a front-end sentencing risk assessment. State General Funds $175,000 $175,000 $175,000 97.10 Transfer funds from the Departmental Administration program to the Offender Management, Probation Supervision, and State Prisons programs for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds ($5,450,000) ($5,450,000) ($5,450,000) 2448 JOURNAL OF THE SENATE 97.11 Transfer funds and 22 positions from the Departmental Administration program to the Probation Supervision program to align funding with the functional budget program. State General Funds ($1,942,573) ($1,942,573) ($1,942,573) 97.12 Transfer funds and 151 positions from the Departmental Administration program to the State Prisons program to align funding with the functional budget program. State General Funds ($12,685,401) ($12,685,401) ($12,685,401) 97.100-Departmental Administration Appropriation (HB 742) 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 $36,067,108 $36,067,108 $36,067,108 State General Funds $36,067,108 $36,067,108 $36,067,108 TOTAL FEDERAL FUNDS $70,555 $70,555 $70,555 Federal Funds Not Itemized $70,555 $70,555 $70,555 TOTAL AGENCY FUNDS $598,273 $598,273 $598,273 Sales and Services $598,273 $598,273 $598,273 Sales and Services Not Itemized $598,273 $598,273 $598,273 TOTAL PUBLIC FUNDS $36,735,936 $36,735,936 $36,735,936 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 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 $27,449,792 $27,449,792 $252,380 $252,380 $466,491 $16,491 $16,491 $450,000 WEDNESDAY, MARCH 21, 2012 2449 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $450,000 $28,168,663 $450,000 $28,168,663 $450,000 $28,168,663 98.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $358,970 $358,970 $358,970 98.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $530,196 $530,196 $530,196 98.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $30,966 $30,966 $30,966 98.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $57,064 $57,064 $57,064 98.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($2,829) ($2,829) ($2,829) 98.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $3,286 $3,286 $3,286 98.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($28,242) ($28,242) ($28,242) 98.100 -Detention Centers Appropriation (HB 742) 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 $28,399,203 $28,399,203 $28,399,203 State General Funds $28,399,203 $28,399,203 $28,399,203 TOTAL FEDERAL FUNDS $252,380 $252,380 $252,380 Federal Funds Not Itemized $252,380 $252,380 $252,380 TOTAL AGENCY FUNDS $466,491 $466,491 $466,491 Intergovernmental Transfers $16,491 $16,491 $16,491 Intergovernmental Transfers Not Itemized $16,491 $16,491 $16,491 2450 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $450,000 $450,000 $29,118,074 $450,000 $450,000 $29,118,074 $450,000 $450,000 $29,118,074 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 $27,375,116 $27,375,116 $1,069,721 $1,069,721 $200,000 $200,000 $200,000 $28,644,837 99.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $17,779 $17,779 $17,779 99.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,045 $25,045 $25,045 99.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,914 $2,914 $2,914 99.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $3,281 $3,281 $3,281 99.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($160) ($160) ($160) 99.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,744) ($1,744) ($1,744) WEDNESDAY, MARCH 21, 2012 2451 99.7 Increase funds to annualize the conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $96,818 $96,818 $96,818 99.100-Food and Farm Operations Appropriation (HB 742) 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 $27,519,049 $27,519,049 $27,519,049 State General Funds $27,519,049 $27,519,049 $27,519,049 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 $200,000 $200,000 $200,000 Sales and Services $200,000 $200,000 $200,000 Sales and Services Not Itemized $200,000 $200,000 $200,000 TOTAL PUBLIC FUNDS $28,788,770 $28,788,770 $28,788,770 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 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 $202,554,271 $202,554,271 $5,390,000 $5,390,000 $5,390,000 $207,944,271 100.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $151,039 $151,039 $151,039 100.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $237,807 $237,807 $237,807 2452 JOURNAL OF THE SENATE 100.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,586 $2,586 $2,586 100.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $28,763 $28,763 $28,763 100.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,434) ($1,434) ($1,434) 100.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,819 $1,819 $1,819 100.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($15,630) ($15,630) ($15,630) 100.8 Increase funds to annualize the conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $334,545 $334,545 $334,545 100.9 Reduce funds to recognize savings from the opening of the Bostick facility for medically fragile offenders. State General Funds ($1,800,000) ($1,800,000) ($1,800,000) 100.100 -Health Appropriation (HB 742) 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 $201,493,766 $201,493,766 $201,493,766 State General Funds $201,493,766 $201,493,766 $201,493,766 TOTAL AGENCY FUNDS $5,390,000 $5,390,000 $5,390,000 Sales and Services $5,390,000 $5,390,000 $5,390,000 Sales and Services Not Itemized $5,390,000 $5,390,000 $5,390,000 TOTAL PUBLIC FUNDS $206,883,766 $206,883,766 $206,883,766 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. WEDNESDAY, MARCH 21, 2012 2453 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 $42,040,243 $42,040,243 $30,000 $30,000 $30,000 $42,070,243 101.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $50,350 $50,350 $50,350 101.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $66,295 $66,295 $66,295 101.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $10,743 $10,743 $10,743 101.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $6,527 $6,527 $6,527 101.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($238) ($238) ($238) 101.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $500 $500 $500 101.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,293) ($4,293) ($4,293) 101.8 Transfer funds from the Departmental Administration program to the Offender Management program for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds $150,000 $150,000 $150,000 101.100 -Offender Management Appropriation (HB 742) 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. 2454 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $42,320,127 $42,320,127 $30,000 $30,000 $30,000 $42,350,127 $42,320,127 $42,320,127 $30,000 $30,000 $30,000 $42,350,127 $42,320,127 $42,320,127 $30,000 $30,000 $30,000 $42,350,127 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 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 $4,620,927 $4,620,927 $7,500 $7,500 $405,000 $405,000 $405,000 $5,033,427 102.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $67,024 $67,024 $67,024 102.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $98,894 $98,894 $98,894 102.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,664 $4,664 $4,664 102.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $11,146 $11,146 $11,146 102.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($556) ($556) ($556) WEDNESDAY, MARCH 21, 2012 2455 102.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $710 $710 102.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,104) ($6,104) $710 ($6,104) 102.100-Parole Revocation Centers Appropriation (HB 742) 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 $4,796,705 $4,796,705 $4,796,705 State General Funds $4,796,705 $4,796,705 $4,796,705 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 $5,209,205 $5,209,205 $5,209,205 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 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 $99,634,010 103.1 Increase funds to annualize the private prison expansion (2,650 beds). (S:Increase funds for 2,860 beds) State General Funds $35,274,014 $35,274,014 103.2 Increase funds to begin utilizing the Irwin County Detention Center to reduce county jail backlog issues. State General Funds $35,274,014 $1,368,000 2456 JOURNAL OF THE SENATE 103.100 -Private Prisons Appropriation (HB 742) The purpose of this appropriation is to contract with private companies to provide cost effective prison facilities that ensure public safety. TOTAL STATE FUNDS $134,908,024 $134,908,024 $136,276,024 State General Funds $134,908,024 $134,908,024 $136,276,024 TOTAL PUBLIC FUNDS $134,908,024 $134,908,024 $136,276,024 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. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 $89,353,763 $89,353,763 $100,000 $100,000 $100,000 $89,453,763 104.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,209,449 $1,209,449 $1,209,449 104.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,843,977 $1,843,977 $1,843,977 104.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $209,403 $209,403 $209,403 104.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $184,219 $184,219 $184,219 104.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($9,188) ($9,188) ($9,188) 104.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $11,707 $11,707 $11,707 WEDNESDAY, MARCH 21, 2012 2457 104.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($100,623) ($100,623) ($100,623) 104.8 Transfer funds and 22 positions from the Departmental Administration program to the Probation Supervision program to align funding with the functional budget program. State General Funds $1,942,573 $1,942,573 $1,942,573 104.9 Transfer funds from the Departmental Administration program to the Probation Supervision program for the Georgia Enterprise Technology Services (GETS) contracts to align funding with the functional budget program. State General Funds $2,800,000 $2,800,000 $2,800,000 104.10 Transfer funds and five positions from the State Board of Pardons and Paroles to the Department of Corrections to implement a joint call service center. State General Funds $233,610 $233,610 $233,610 104.99 SAC: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. House: 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. Governor: The purpose of this appropriation is to supervise probationers in Day Reporting Centers, the Savannah Impact Program, intensive or specialized probation, and field supervision, as well as support the Georgia Commission on Family Violence. State General Funds $0 $0 $0 104.100 -Probation Supervision Appropriation (HB 742) 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 $97,678,890 $97,678,890 $97,678,890 State General Funds $97,678,890 $97,678,890 $97,678,890 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 $97,778,890 $97,778,890 $97,778,890 2458 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 $467,149,934 $467,149,934 $2,197,963 $2,197,963 $20,512,405 $9,222,802 $9,222,802 $655,104 $655,104 $10,634,499 $10,634,499 $489,860,302 105.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $6,295,033 $6,295,033 $6,295,033 105.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,760,308 $8,760,308 $8,760,308 105.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $389,720 $389,720 $389,720 105.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $1,221,667 $1,221,667 $1,221,667 105.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($61,373) ($61,373) ($61,373) WEDNESDAY, MARCH 21, 2012 2459 105.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $71,156 $71,156 $71,156 105.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($649,020) ($649,020) ($649,020) 105.8 Increase funds to annualize the conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. State General Funds $5,280,644 $5,280,644 $5,280,644 105.9 Transfer funds and 151 positions from the Departmental Administration program to the State Prisons program to align funding with the functional budget program. State General Funds $12,685,401 $12,685,401 $12,685,401 105.10 Transfer funds and 104 positions from the Transitional Centers program to the State Prisons program to align funding with the functional budget program. State General Funds $4,135,776 $1,529,318 $1,529,318 105.11 Transfer funds from the Departmental Administration program to the State Prisons program for the Georgia Enterprise Technology Services (GETS) contract to align funding with the functional budget program. State General Funds $2,500,000 $2,500,000 $2,500,000 105.12 Evaluate the ability to repurpose closed Pre-Release Centers (PRCs) to other missions. (S:YES) State General Funds $0 105.99 SAC: The purpose of this appropriation is to provide housing, academic education, religious support, vocational training, counseling, and substance abuse treatment for violent and/or repeat offenders, or nonviolent offenders who have exhausted all other forms of punishment in a secure, well supervised setting; to assist in the reentry of these offenders back into society; and to provide fire services and work details to the Department, state agencies, and local communities. House: 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; and to provide fire services and work details to the Department, state agencies, and local communities. State General Funds $0 $0 2460 JOURNAL OF THE SENATE 105.100 -State Prisons Appropriation (HB 742) 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; and to provide fire services and work details to the Department, state agencies, and local communities. TOTAL STATE FUNDS $507,779,246 $505,172,788 $505,172,788 State General Funds $507,779,246 $505,172,788 $505,172,788 TOTAL FEDERAL FUNDS $2,197,963 $2,197,963 $2,197,963 Federal Funds Not Itemized $2,197,963 $2,197,963 $2,197,963 TOTAL AGENCY FUNDS $20,512,405 $20,512,405 $20,512,405 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 $10,634,499 $10,634,499 $10,634,499 Sales and Services Not Itemized $10,634,499 $10,634,499 $10,634,499 TOTAL PUBLIC FUNDS $530,489,614 $527,883,156 $527,883,156 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 PUBLIC FUNDS $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 $28,390,954 106.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $355,786 $355,786 $355,786 106.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $525,443 $525,443 $525,443 106.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $28,930 $28,930 $28,930 WEDNESDAY, MARCH 21, 2012 2461 106.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $76,874 $76,874 $76,874 106.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($3,837) ($3,837) ($3,837) 106.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,886 $4,886 $4,886 106.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($41,993) ($41,993) ($41,993) 106.8 Transfer funds and 104 positions from the Transitional Centers program to the State Prisons program to align funding with the functional budget program. State General Funds ($4,135,776) ($1,529,318) ($1,529,318) 106.100 -Transitional Centers Appropriation (HB 742) 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 $25,201,267 $27,807,725 $27,807,725 State General Funds $25,201,267 $27,807,725 $27,807,725 TOTAL PUBLIC FUNDS $25,201,267 $27,807,725 $27,807,725 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 Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Section Total - Continuation $8,862,426 $8,862,426 $8,862,426 $8,862,426 $51,415,118 $51,415,118 $51,415,118 $51,415,118 $6,448,566 $6,448,566 $17,305 $17,305 $17,305 $17,305 $4,988,048 $4,988,048 $4,988,048 $4,988,048 $8,862,426 $8,862,426 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 2462 JOURNAL OF THE SENATE Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 $177,212 $177,212 $1,266,001 $1,266,001 $66,726,110 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 Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $9,051,329 $9,051,329 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,915,013 $9,101,329 $9,101,329 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,965,013 $9,051,329 $9,051,329 $51,415,118 $51,415,118 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $66,915,013 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 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 $1,152,780 $1,152,780 $594,059 $594,059 $1,746,839 107.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $15,430 $15,430 $15,430 WEDNESDAY, MARCH 21, 2012 2463 107.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,585 $7,585 107.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $46,399 $46,399 107.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $462 $462 107.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $36 $36 107.6 Increase funds for general liability premiums. State General Funds $206 $206 107.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,055 $4,055 107.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($369) ($369) 107.9 Reduce funds for personnel. State General Funds ($74,393) ($74,393) 107.10 Reduce funds for operations. State General Funds ($7,856) ($7,856) $7,585 $46,399 $462 $36 $206 $4,055 ($369) ($74,393) ($7,856) 107.100-Departmental Administration Appropriation (HB 742) The purpose of this appropriation is to provide administration to the organized militia in the State of Georgia. TOTAL STATE FUNDS $1,144,335 $1,144,335 $1,144,335 State General Funds $1,144,335 $1,144,335 $1,144,335 TOTAL FEDERAL FUNDS $594,059 $594,059 $594,059 Federal Funds Not Itemized $594,059 $594,059 $594,059 TOTAL PUBLIC FUNDS $1,738,394 $1,738,394 $1,738,394 2464 JOURNAL OF THE SENATE 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 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 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 $4,542,956 $4,542,956 $41,554,643 $41,554,643 $6,448,566 $17,305 $17,305 $4,988,048 $4,988,048 $177,212 $177,212 $1,266,001 $1,266,001 $52,546,165 108.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $36,428 $36,428 $36,428 108.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $76,341 $76,341 $76,341 108.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $6,391 $6,391 $6,391 108.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $498 $498 $498 108.5 Increase funds for general liability premiums. State General Funds $2,735 $2,735 $2,735 WEDNESDAY, MARCH 21, 2012 2465 108.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $239 $239 108.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,116) ($5,116) 108.8 Increase funds for the Military Interstate Compact. State General Funds $50,000 $239 ($5,116) $0 108.100 -Military Readiness Appropriation (HB 742) 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 $4,660,472 $4,710,472 $4,660,472 State General Funds $4,660,472 $4,710,472 $4,660,472 TOTAL FEDERAL FUNDS $41,554,643 $41,554,643 $41,554,643 Federal Funds Not Itemized $41,554,643 $41,554,643 $41,554,643 TOTAL AGENCY FUNDS $6,448,566 $6,448,566 $6,448,566 Contributions, Donations, and Forfeitures $17,305 $17,305 $17,305 Contributions, Donations, and Forfeitures Not Itemized $17,305 $17,305 $17,305 Intergovernmental Transfers $4,988,048 $4,988,048 $4,988,048 Intergovernmental Transfers Not Itemized $4,988,048 $4,988,048 $4,988,048 Royalties and Rents $177,212 $177,212 $177,212 Royalties and Rents Not Itemized $177,212 $177,212 $177,212 Sales and Services $1,266,001 $1,266,001 $1,266,001 Sales and Services Not Itemized $1,266,001 $1,266,001 $1,266,001 TOTAL PUBLIC FUNDS $52,663,681 $52,713,681 $52,663,681 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 $3,166,690 $3,166,690 $3,166,690 $3,166,690 $3,166,690 $3,166,690 2466 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $9,266,416 $9,266,416 $12,433,106 $9,266,416 $9,266,416 $12,433,106 $9,266,416 $9,266,416 $12,433,106 109.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $32,547 $32,547 $32,547 109.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $43,096 $43,096 $43,096 109.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $5,117 $5,117 $5,117 109.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $398 $398 $398 109.5 Increase funds for general liability premiums. State General Funds $2,219 $2,219 $2,219 109.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $552 $552 $552 109.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,097) ($4,097) ($4,097) 109.100 -Youth Educational Services Appropriation (HB 742) 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 $3,246,522 $3,246,522 $9,266,416 $9,266,416 $12,512,938 $3,246,522 $3,246,522 $9,266,416 $9,266,416 $12,512,938 $3,246,522 $3,246,522 $9,266,416 $9,266,416 $12,512,938 WEDNESDAY, MARCH 21, 2012 2467 Section 20: Driver Services, Department of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $57,053,533 $57,053,533 $57,053,533 $57,053,533 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $2,844,121 $59,897,654 $59,897,654 $57,053,533 $57,053,533 $2,844,121 $2,844,121 $2,844,121 $59,897,654 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $59,528,377 $59,528,377 $2,844,121 $2,844,121 $2,844,121 $62,372,498 $59,380,684 $59,380,684 $2,844,121 $2,844,121 $2,844,121 $62,224,805 $59,528,377 $59,528,377 $2,844,121 $2,844,121 $2,844,121 $62,372,498 Customer Service Support Continuation Budget The purpose of this appropriation is for administration of license issuance, as well as driver training and education regulatory programs. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,941,118 $8,941,118 $500,857 $500,857 $500,857 $9,441,975 $8,941,118 $8,941,118 $500,857 $500,857 $500,857 $9,441,975 $8,941,118 $8,941,118 $500,857 $500,857 $500,857 $9,441,975 110.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $75,882 $75,882 $75,882 110.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $106,781 $106,781 $106,781 2468 JOURNAL OF THE SENATE 110.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $122,376 $122,376 $122,376 110.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($19,693) ($19,693) ($19,693) 110.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $4,691 $4,691 $4,691 110.6 Increase funds for general liability premiums. State General Funds $8,668 $55,263 $55,263 110.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,942 $12,380 $12,380 110.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,939) ($6,939) ($6,939) 110.9 Reduce funds for personnel. State General Funds ($178,822) ($178,822) ($178,822) 110.99 SAC: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. House: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. Governor: The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. State General Funds $0 $0 $0 110.100-Customer Service Support Appropriation (HB 742) The purpose of this appropriation is for administration of license issuance, motor vehicle registration, and commercial truck compliance. TOTAL STATE FUNDS $9,056,004 $9,113,037 $9,113,037 State General Funds $9,056,004 $9,113,037 $9,113,037 TOTAL AGENCY FUNDS $500,857 $500,857 $500,857 WEDNESDAY, MARCH 21, 2012 2469 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $500,857 $500,857 $9,556,861 $500,857 $500,857 $9,613,894 $500,857 $500,857 $9,613,894 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 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 $47,277,449 $47,277,449 $1,827,835 $1,827,835 $1,827,835 $49,105,284 111.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $400,808 $400,808 $400,808 111.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $564,022 $564,022 $564,022 111.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $646,398 $657,826 $657,826 111.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($104,022) ($104,022) ($104,022) 111.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $24,777 $24,777 $24,777 111.6 Increase funds for general liability premiums. State General Funds $45,786 $0 $0 111.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $10,257 $0 $0 2470 JOURNAL OF THE SENATE 111.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($36,651) ($36,651) 111.9 Increase funds to add 22 examiners and fund implementation costs associated with Real ID. State General Funds $797,856 $797,856 111.10 Reduce funds for operations. State General Funds ($147,693) ($36,651) $797,856 $0 111.100 -License Issuance Appropriation (HB 742) 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 $49,626,680 $49,434,372 $49,582,065 State General Funds $49,626,680 $49,434,372 $49,582,065 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 $51,454,515 $51,262,207 $51,409,900 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 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 $834,966 $834,966 $515,429 $515,429 $515,429 $1,350,395 112.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,086 $7,086 $7,086 WEDNESDAY, MARCH 21, 2012 2471 112.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,972 $9,972 112.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $11,428 $0 112.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,839) ($1,839) 112.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $438 $438 112.6 Increase funds for general liability premiums. State General Funds $809 $0 112.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $181 $0 112.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($648) ($648) 112.9 Reduce funds for contracts for the Online Certification Reporting Application (OCRA). State General Funds ($16,700) ($16,700) $9,972 $0 ($1,839) $438 $0 $0 ($648) ($16,700) 112.100 -Regulatory Compliance Appropriation (HB 742) 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 $845,693 $833,275 $833,275 State General Funds $845,693 $833,275 $833,275 TOTAL AGENCY FUNDS $515,429 $515,429 $515,429 Sales and Services $515,429 $515,429 $515,429 Sales and Services Not Itemized $515,429 $515,429 $515,429 TOTAL PUBLIC FUNDS $1,361,122 $1,348,704 $1,348,704 2472 JOURNAL OF THE SENATE Section 21: Early Care and Learning, Department of TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Section Total - Continuation $301,820,403 $301,820,403 $1,187,817 $1,187,817 $300,632,586 $300,632,586 $154,814,640 $154,814,640 $123,974,758 $123,974,758 $30,839,882 $30,839,882 $139,250 $139,250 $20,700 $20,700 $20,700 $20,700 $103,550 $103,550 $103,550 $103,550 $14,250 $14,250 $14,250 $14,250 $750 $750 $750 $750 $456,774,293 $456,774,293 $301,820,403 $1,187,817 $300,632,586 $154,814,640 $123,974,758 $30,839,882 $139,250 $20,700 $20,700 $103,550 $103,550 $14,250 $14,250 $750 $750 $456,774,293 Section Total - Final $354,069,353 $55,467,108 $298,602,245 $323,334,901 $126,380,569 $90,698,416 $106,255,826 $90 $139,250 $20,700 $20,700 $103,550 $103,550 $354,061,853 $55,459,608 $298,602,245 $323,334,901 $126,380,569 $90,698,416 $106,255,826 $90 $139,250 $20,700 $20,700 $103,550 $103,550 $354,061,853 $55,459,608 $298,602,245 $323,334,901 $126,380,569 $90,698,416 $106,255,826 $90 $139,250 $20,700 $20,700 $103,550 $103,550 WEDNESDAY, MARCH 21, 2012 2473 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 Income from DECAL for Supplemental Childcare Services TOTAL PUBLIC FUNDS $14,250 $14,250 $750 $750 $2,500,000 $2,500,000 $2,500,000 $680,043,504 $14,250 $14,250 $750 $750 $2,500,000 $2,500,000 $2,500,000 $680,036,004 $14,250 $14,250 $750 $750 $2,500,000 $2,500,000 $2,500,000 $680,036,004 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 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 $1,187,817 $1,187,817 $6,839,882 $6,839,882 $15,000 $14,250 $14,250 $750 $750 $8,042,699 113.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $19,283 $19,283 $19,283 113.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $27,810 $27,810 $27,810 113.3 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,102) ($2,102) ($2,102) 2474 JOURNAL OF THE SENATE 113.4 Reduce operating expenses. State General Funds ($7,500) ($7,500) 113.98 Transfer the Child Care Services program from the Department of Human Services to the Department of Early Care and Learning. State General Funds Social Services Block Grant CFDA93.667 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Income from DECAL for Supplemental Childcare Services Federal Funds Not Itemized Total Public Funds: $54,234,300 $90 $75,415,944 $90,698,416 $2,500,000 $2,405,811 $225,254,561 $54,234,300 $90 $75,415,944 $90,698,416 $2,500,000 $2,405,811 $225,254,561 $54,234,300 $90 $75,415,944 $90,698,416 $2,500,000 $2,405,811 $225,254,561 113.100 -Child Care Services Appropriation (HB 742) 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 $55,467,108 $55,459,608 $55,459,608 State General Funds $55,467,108 $55,459,608 $55,459,608 TOTAL FEDERAL FUNDS $175,360,143 $175,360,143 $175,360,143 Federal Funds Not Itemized $2,405,811 $2,405,811 $2,405,811 CCDF Mandatory & Matching Funds CFDA93.596 $90,698,416 $90,698,416 $90,698,416 Child Care & Development Block Grant CFDA93.575 $82,255,826 $82,255,826 $82,255,826 Social Services Block Grant CFDA93.667 $90 $90 $90 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Rebates, Refunds, and Reimbursements $14,250 $14,250 $14,250 Rebates, Refunds, and Reimbursements Not Itemized $14,250 $14,250 $14,250 Sales and Services $750 $750 $750 Sales and Services Not Itemized $750 $750 $750 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 Income from DECAL for Supplemental Childcare Services $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $233,342,251 $233,334,751 $233,334,751 WEDNESDAY, MARCH 21, 2012 2475 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 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 $0 $0 $121,100,000 $121,100,000 $121,100,000 114.100 -Nutrition Appropriation (HB 742) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 $121,100,000 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $300,632,586 $0 $300,632,586 $367,823 $367,823 $301,000,409 $300,632,586 $0 $300,632,586 $367,823 $367,823 $301,000,409 $300,632,586 $0 $300,632,586 $367,823 $367,823 $301,000,409 115.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Lottery Proceeds $49,088 $49,088 $49,088 2476 JOURNAL OF THE SENATE 115.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $55,071 $55,071 $55,071 115.3 Increase funds to reflect an adjustment in telecommunications expenses. Lottery Proceeds $569 $569 $569 115.4 Increase funds to reflect an adjustment in the workers' compensation premiums. Lottery Proceeds $4,046 $4,046 $4,046 115.5 Increase funds to reflect an adjustment in unemployment insurance premiums. Lottery Proceeds $26 $26 $26 115.6 Increase funds for general liability premiums. Lottery Proceeds $6,442 $6,442 $6,442 115.7 Increase funds to reflect an adjustment in PeopleSoft billings. Lottery Proceeds $1,274 $1,274 $1,274 115.8 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Lottery Proceeds $565,194 $565,194 $565,194 115.9 Reduce funds by providing for 84,000 slots and increase the school year by 10 days. Lottery Proceeds ($2,712,051) ($2,712,051) ($2,712,051) 115.10 Increase funds for operations for 170 days of instruction and nine professional learning days. Lottery Proceeds $893,485 $893,485 115.11 Reduce funds for start-up and program costs associated with fewer slots. Lottery Proceeds ($854,000) ($854,000) 115.12 Reduce funds for administration. Lottery Proceeds ($39,485) ($39,485) 115.100 -Pre-Kindergarten Program Appropriation (HB 742) 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. WEDNESDAY, MARCH 21, 2012 2477 TOTAL STATE FUNDS Lottery Proceeds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $298,602,245 $298,602,245 $367,823 $367,823 $298,970,068 $298,602,245 $298,602,245 $367,823 $367,823 $298,970,068 $298,602,245 $298,602,245 $367,823 $367,823 $298,970,068 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 Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 $0 $0 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $103,550 $26,631,185 116.100 -Quality Initiatives Appropriation (HB 742) 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 Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 $26,506,935 $2,506,935 $24,000,000 $124,250 $20,700 $20,700 $103,550 2478 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section 22: Economic Development, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $103,550 $26,631,185 $103,550 $26,631,185 $103,550 $26,631,185 Section Total - Continuation $39,688,684 $39,688,684 $32,019,738 $32,019,738 $7,668,946 $7,668,946 $909,400 $909,400 $909,400 $909,400 $20,370 $20,370 $20,244 $20,244 $20,244 $20,244 $126 $126 $126 $126 $40,618,454 $40,618,454 Section Total - Final $40,057,021 $33,219,577 $6,837,444 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,555,820 $33,718,376 $6,837,444 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,986,791 $41,485,590 $39,688,684 $32,019,738 $7,668,946 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $40,618,454 $40,252,411 $33,414,967 $6,837,444 $909,400 $909,400 $20,370 $20,244 $20,244 $126 $126 $400,000 $400,000 $400,000 $41,582,181 WEDNESDAY, MARCH 21, 2012 2479 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 Capitol Galleries. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $574,268 $574,268 $659,400 $659,400 $1,233,668 $574,268 $574,268 $659,400 $659,400 $1,233,668 $574,268 $574,268 $659,400 $659,400 $1,233,668 117.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $5,035 $5,035 $5,035 117.2 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $977 $977 $977 117.3 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($2,449) ($2,449) ($2,449) 117.4 Increase funds for general liability premiums. State General Funds $858 $858 $858 117.5 Reduce funds. State General Funds ($11,500) $0 117.100-Arts, Georgia Council for the Appropriation (HB 742) 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 STATE FUNDS $578,689 $567,189 $578,689 State General Funds $578,689 $567,189 $578,689 TOTAL FEDERAL FUNDS $659,400 $659,400 $659,400 Federal Funds Not Itemized $659,400 $659,400 $659,400 TOTAL PUBLIC FUNDS $1,238,089 $1,226,589 $1,238,089 2480 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 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 $7,708,241 118.1 Reduce funds for personnel and eliminate one vacant position. State General Funds ($100,000) ($100,000) ($100,000) 118.2 Transfer funds and 42 positions to consolidate the Business Recruitment and Expansion program into the Global Commerce program. State General Funds ($7,608,241) ($7,608,241) ($7,608,241) 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 $3,996,523 $3,996,523 $126 $126 $126 $3,996,649 119.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $41,153 $41,153 $41,153 119.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $63,861 $63,861 $63,861 119.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $231 $231 $231 WEDNESDAY, MARCH 21, 2012 2481 119.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($26,998) ($26,998) 119.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $10,327 $10,327 119.6 Increase funds for general liability premiums. State General Funds $7,123 $7,123 119.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $3,940 $3,940 119.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,408) ($2,408) 119.9 Reduce funds for operations. State General Funds ($30,320) ($30,320) 119.10 Reduce funds for personnel. State General Funds ($28,972) ($28,972) 119.11 Increase funds for telecommunications. State General Funds $150,000 $150,000 119.12 Reduce funds for marketing. State General Funds ($100,000) ($26,998) $10,327 $7,123 $3,940 ($2,408) ($30,320) ($28,972) $150,000 ($50,000) 119.100-Departmental Administration Appropriation (HB 742) 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 $4,184,460 $4,084,460 $4,134,460 State General Funds $4,184,460 $4,084,460 $4,134,460 TOTAL AGENCY FUNDS $126 $126 $126 Sales and Services $126 $126 $126 Sales and Services Not Itemized $126 $126 $126 TOTAL PUBLIC FUNDS $4,184,586 $4,084,586 $4,134,586 2482 JOURNAL OF THE SENATE 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 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 $1,010,892 120.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $8,279 $8,279 $8,279 120.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,556 $11,556 $11,556 120.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $18 $18 $18 120.4 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($580) ($580) ($580) 120.5 Reduce funds for marketing. State General Funds ($50,000) ($75,000) ($75,000) 120.100-Film, Video, and Music Appropriation (HB 742) 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 $980,165 $980,165 $980,165 $955,165 $955,165 $955,165 $955,165 $955,165 $955,165 WEDNESDAY, MARCH 21, 2012 2483 Global Commerce Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 121.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $75,487 $75,487 $75,487 121.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $111,643 $111,643 $111,643 121.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $725 $725 $725 121.4 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,638) ($5,638) ($5,638) 121.5 Transfer funds and 11 positions to consolidate the International Relations and Trade program into the Global Commerce program. State General Funds $2,101,547 $2,101,547 $2,101,547 121.6 Transfer funds and 42 positions to consolidate the Business Recruitment and Expansion program into the Global Commerce program. State General Funds $7,608,241 $7,608,241 $7,608,241 121.7 Increase funds for two project managers and operations for the China office. (S:Utilize existing transferred funds) State General Funds Agency Fund Transfers Not Itemized Total Public Funds: $400,000 $400,000 $0 $400,000 $400,000 121.99 SAC: The purpose of this appropriation is to promote Georgia as a state that is appealing to businesses along with being competitive in the international trade market; recruit, retain, and expand businesses in Georgia through a network of statewide and regional project managers, foreign and domestic marketing, and participation in Georgia Allies; help develop international markets for Georgia products and attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to businesses. 2484 JOURNAL OF THE SENATE House: The purpose of this appropriation is to promote Georgia as a state that is appealing to businesses along with being competitive in the international trade market; recruit, retain, and expand businesses in Georgia through a network of statewide and regional project managers, foreign and domestic marketing, and participation in Georgia Allies; help develop international markets for Georgia products and attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to businesses. Governor: The purpose of this appropriation is to promote Georgia as a state that is appealing to businesses along with being competitive in the international trade market; recruit, retain, and expand businesses in Georgia through a network of statewide and regional project managers, foreign and domestic marketing, and participation in Georgia Allies; help develop international markets for Georgia products and attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to businesses. State General Funds $0 $0 $0 121.100-Global Commerce Appropriation (HB 742) The purpose of this appropriation is to promote Georgia as a state that is appealing to businesses along with being competitive in the international trade market; recruit, retain, and expand businesses in Georgia through a network of statewide and regional project managers, foreign and domestic marketing, and participation in Georgia Allies; help develop international markets for Georgia products and attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to businesses. TOTAL STATE FUNDS $9,892,005 $10,292,005 $9,892,005 State General Funds $9,892,005 $10,292,005 $9,892,005 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $400,000 Agency Funds Transfers $400,000 Agency Fund Transfers Not Itemized $400,000 TOTAL PUBLIC FUNDS $9,892,005 $10,292,005 $10,292,005 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; provide contract funds for Georgia Research Alliance (GRA) for economic development activities including but not limited to supporting Georgia-based companies and university research; and provide contract funds for Georgia Cancer Coalition for ongoing research and prevention. WEDNESDAY, MARCH 21, 2012 2485 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 $13,634,805 $5,965,859 $7,668,946 $250,000 $250,000 $13,884,805 122.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,989 $7,989 $7,989 122.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,470 $10,470 $10,470 122.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $48 $48 $48 122.4 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($497) ($497) ($497) 122.5 Reduce funds for contracts with the Georgia Research Alliance. State General Funds ($90,047) ($90,047) ($90,047) 122.6 Increase funds for contracts with the Georgia Research Alliance for two Eminent Scholars. State General Funds $1,500,000 $1,500,000 $1,500,000 122.7 Increase funds for contracts with the Georgia Research Alliance for Distinguished Investigator Program. State General Funds $116,000 $116,000 $116,000 122.8 Reduce funds for Distinguished Cancer Clinicians and Scientists to fund only existing obligations. Tobacco Settlement Funds ($831,502) ($831,502) ($831,502) 122.98 Transfer funds from the Department of Economic Development to the Board of Regents for the Herty Advanced Materials Development Center program. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 2486 JOURNAL OF THE SENATE 122.99 SAC: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. House: 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. Governor: The purpose of this appropriation is to market and promote strategic industries to existing and potential Georgia businesses by partnering businesses with the Centers of Innovation, research universities, incubators, and other companies. State General Funds $0 $0 $0 122.100 -Innovation and Technology Appropriation (HB 742) 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 $14,347,266 $14,347,266 $14,347,266 State General Funds $7,509,822 $7,509,822 $7,509,822 Tobacco Settlement Funds $6,837,444 $6,837,444 $6,837,444 TOTAL FEDERAL FUNDS $250,000 $250,000 $250,000 Federal Funds Not Itemized $250,000 $250,000 $250,000 TOTAL PUBLIC FUNDS $14,597,266 $14,597,266 $14,597,266 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 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 $2,101,547 123.1 Transfer funds and 11 positions to consolidate the International Relations and Trade program into the Global Commerce program. State General Funds ($2,101,547) ($2,101,547) ($2,101,547) WEDNESDAY, MARCH 21, 2012 2487 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 $896,415 $896,415 $20,244 $20,244 $20,244 $916,659 $896,415 $896,415 $20,244 $20,244 $20,244 $916,659 $896,415 $896,415 $20,244 $20,244 $20,244 $916,659 124.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $11,018 $11,018 $11,018 124.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,207 $15,207 $15,207 124.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $66 $66 $66 124.4 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($746) ($746) ($746) 124.5 Reduce funds for equipment. State General Funds ($5,100) ($5,100) ($5,100) 124.100 -Small and Minority Business Development Appropriation (HB 742) 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 $916,860 $916,860 $916,860 State General Funds $916,860 $916,860 $916,860 TOTAL AGENCY FUNDS $20,244 $20,244 $20,244 2488 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $20,244 $20,244 $937,104 $20,244 $20,244 $937,104 $20,244 $20,244 $937,104 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 cultural and tourism development as well as the Georgia Historical Society and the Georgia Humanities Council contracts, 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 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 $9,590,993 125.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $56,057 $56,057 $56,057 125.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $81,223 $81,223 $81,223 125.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $729 $729 $729 125.4 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,135) ($6,135) ($6,135) 125.5 Reduce funds for personnel and eliminate two filled positions. State General Funds ($152,640) ($152,640) ($152,640) 125.6 Eliminate funds and close the Plains and Sylvania Visitor Centers. (H and S:Reduce funds by two percent) State General Funds ($241,636) ($4,833) ($4,833) 125.7 Eliminate funds for the Bainbridge Welcome Center. (H:Reduce funds for the Bainbridge Welcome Center) State General Funds ($98,325) ($80,000) ($98,325) WEDNESDAY, MARCH 21, 2012 2489 125.8 Eliminate funds for the Georgia Humanities Council. (H:Reduce funds for the Georgia Humanities Council) State General Funds ($50,000) ($25,000) $0 125.9 Eliminate funds for the Georgia Historical Society. (H and S:Reduce funds for the Georgia Historical Society) State General Funds ($70,000) ($45,000) ($20,000) 125.10 Eliminate funds for the Historic Chattahoochee Commission. State General Funds ($22,500) $0 ($22,500) 125.11 Reduce funds for marketing. State General Funds ($27,671) ($75,000) ($49,084) 125.12 Reduce funds for operations. State General Funds ($80,000) ($80,000) 125.99 SAC: The purpose of this appropriation is to provide information to visitors about tourism opportunities throughout the state, operate and maintain state welcome centers, fund the Georgia Historical Society and Georgia Humanities Council, and work with communities to develop and market tourism products in order to attract more tourism to the state. House: 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. State General Funds $0 $0 125.100 -Tourism Appropriation (HB 742) 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 $9,060,095 $9,260,394 $9,295,485 State General Funds $9,060,095 $9,260,394 $9,295,485 TOTAL PUBLIC FUNDS $9,060,095 $9,260,394 $9,295,485 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 $175,000 $175,000 $175,000 2490 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $175,000 $175,000 $175,000 $175,000 $175,000 $175,000 126.1 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $631 126.2 Reduce funds and replace with other funds for operations. State General Funds ($78,150) $631 ($43,150) $631 ($43,150) 126.100 -Payments to Georgia Medical Center Authority Appropriation (HB 742) The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. TOTAL STATE FUNDS $97,481 $132,481 $132,481 State General Funds $97,481 $132,481 $132,481 TOTAL PUBLIC FUNDS $97,481 $132,481 $132,481 Section 23: Education, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $6,969,195,136 $6,969,195,136 $6,969,195,136 $6,969,195,136 $1,181,149,614 $1,181,149,614 $1,181,149,614 $1,181,149,614 $4,620,465 $4,620,465 $1,924,130 $1,924,130 $1,924,130 $1,924,130 $745,406 $745,406 $745,406 $745,406 $828,560 $828,560 $828,560 $828,560 $1,122,369 $1,122,369 $1,122,369 $1,122,369 $8,154,965,215 $8,154,965,215 $6,969,195,136 $6,969,195,136 $1,181,149,614 $1,181,149,614 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,154,965,215 WEDNESDAY, MARCH 21, 2012 2491 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $7,168,082,873 $7,168,082,873 $1,181,149,614 $1,181,149,614 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,353,852,952 $7,166,432,256 $7,166,432,256 $1,731,400,525 $1,731,400,525 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,902,453,246 $7,168,314,263 $7,168,314,263 $1,731,400,525 $1,731,400,525 $4,620,465 $1,924,130 $1,924,130 $745,406 $745,406 $828,560 $828,560 $1,122,369 $1,122,369 $8,904,335,253 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 PUBLIC FUNDS $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 $7,727,787 $7,727,787 $124,318 $124,318 $7,852,105 127.1 Reduce funds for Extended Day/Year. State General Funds 127.2 Reduce funds for Area Teacher Program. State General Funds 127.3 Reduce funds for Young Farmers. State General Funds ($82,254) $0 $0 ($21,794) $0 $0 ($39,076) $0 $0 2492 JOURNAL OF THE SENATE 127.4 Reduce funds for Youth Camps. State General Funds 127.5 Reduce funds for operations by one percent. State General Funds ($49,164) $0 ($77,278) $0 ($77,278) 127.100 -Agricultural Education Appropriation (HB 742) 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 $7,535,499 $7,650,509 $7,650,509 State General Funds $7,535,499 $7,650,509 $7,650,509 TOTAL FEDERAL FUNDS $124,318 $124,318 $124,318 Federal Funds Not Itemized $124,318 $124,318 $124,318 TOTAL PUBLIC FUNDS $7,659,817 $7,774,827 $7,774,827 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 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 TOTAL PUBLIC FUNDS $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 $29,052,221 $29,052,221 $60,985,311 $60,985,311 $2,179,129 $1,433,723 $1,433,723 $745,406 $745,406 $92,216,661 128.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $346,799 $346,799 $346,799 WEDNESDAY, MARCH 21, 2012 2493 128.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $377,338 $377,338 $377,338 128.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $24,082 $24,082 $24,082 128.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($26,155) ($26,155) ($26,155) 128.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $14,420 $14,420 $14,420 128.6 Increase funds for general liability premiums. State General Funds $46,413 $46,413 $46,413 128.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $49,650 $49,650 $49,650 128.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($53,053) ($53,053) ($53,053) 128.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $62,590 $62,590 $62,590 128.10 Increase funds for strategic professional development focused on reading in kindergarten through third grade. State General Funds $396,824 $396,824 $396,824 128.11 Reduce funds for operations. State General Funds ($33,176) ($33,176) 128.12 Increase funds to redirect funds from School Nurses to Central Office for a statewide nursing coordinator based on recommendations by the State Education Finance Study Commission. State General Funds $120,000 $120,000 128.13 Increase funds for the American Association of Adapted Sports Programs. State General Funds $40,000 2494 JOURNAL OF THE SENATE 128.100 -Central Office Appropriation (HB 742) 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 $30,291,129 $30,377,953 $30,417,953 State General Funds $30,291,129 $30,377,953 $30,417,953 TOTAL FEDERAL FUNDS $60,985,311 $60,985,311 $60,985,311 Federal Funds Not Itemized $60,985,311 $60,985,311 $60,985,311 TOTAL AGENCY FUNDS $2,179,129 $2,179,129 $2,179,129 Contributions, Donations, and Forfeitures $1,433,723 $1,433,723 $1,433,723 Contributions, Donations, and Forfeitures Not Itemized $1,433,723 $1,433,723 $1,433,723 Reserved Fund Balances $745,406 $745,406 $745,406 Reserved Fund Balances Not Itemized $745,406 $745,406 $745,406 TOTAL PUBLIC FUNDS $93,455,569 $93,542,393 $93,582,393 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 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 $2,148,300 $2,148,300 $5,556,475 $5,556,475 $7,704,775 129.1 Reduce funds for planning grants. State General Funds ($34,973) ($34,973) ($34,973) 129.2 Reduce funds for facilities grants. State General Funds ($119,781) ($119,781) ($119,781) 129.3 Redirect remaining planning grants funds ($40,000) to fund two consultants to work with charter schools. (H:YES)(S:YES) State General Funds $0 $0 WEDNESDAY, MARCH 21, 2012 2495 129.100 -Charter Schools Appropriation (HB 742) 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 $1,993,546 $1,993,546 $1,993,546 State General Funds $1,993,546 $1,993,546 $1,993,546 TOTAL FEDERAL FUNDS $5,556,475 $5,556,475 $5,556,475 Federal Funds Not Itemized $5,556,475 $5,556,475 $5,556,475 TOTAL PUBLIC FUNDS $7,550,021 $7,550,021 $7,550,021 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 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 $933,100 130.1 Reduce funds for grants to local affiliates. State General Funds ($18,662) $0 ($18,662) 130.100 -Communities in Schools Appropriation (HB 742) 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 $914,438 $933,100 $914,438 State General Funds $914,438 $933,100 $914,438 TOTAL PUBLIC FUNDS $914,438 $933,100 $914,438 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 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 $1,002,800 2496 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $1,002,800 $1,002,800 $1,002,800 131.1 Reduce funds for operations. State General Funds ($20,056) ($20,056) ($20,056) 131.2 Utilize existing funds ($50,000) to align the Georgia Performance Standards with nationally recognized curriculums that are utilized by the Office of College and Career Transitions and College and Career Academies. (S:YES) State General Funds $0 131.100-Curriculum Development Appropriation (HB 742) 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 $982,744 $982,744 $982,744 State General Funds $982,744 $982,744 $982,744 TOTAL PUBLIC FUNDS $982,744 $982,744 $982,744 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 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 $0 $1,025,153,992 $1,025,153,992 $1,025,153,992 132.100-Federal Programs Appropriation (HB 742) The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 $1,025,153,992 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. WEDNESDAY, MARCH 21, 2012 2497 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 $0 $0 $12,565,793 $12,565,793 $12,565,793 133.100-Georgia Learning Resources System Appropriation (HB 742) 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 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 $12,565,793 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 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 $4,792,820 $4,792,820 $1,018,214 $1,018,214 $1,018,214 $5,811,034 134.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $3,743 $3,743 $3,743 134.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,073 $4,073 $4,073 134.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $1,175 $1,175 $1,175 2498 JOURNAL OF THE SENATE 134.4 Reduce funds for operations. State General Funds ($95,856) ($95,856) ($95,856) 134.100 -Georgia Virtual School Appropriation (HB 742) 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 $4,705,955 $4,705,955 $4,705,955 State General Funds $4,705,955 $4,705,955 $4,705,955 TOTAL AGENCY FUNDS $1,018,214 $1,018,214 $1,018,214 Sales and Services $1,018,214 $1,018,214 $1,018,214 Sales and Services Not Itemized $1,018,214 $1,018,214 $1,018,214 TOTAL PUBLIC FUNDS $5,724,169 $5,724,169 $5,724,169 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 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 $144,000 135.1 Reduce funds for contracts. State General Funds ($2,880) $0 $0 135.100-Georgia Youth Science and Technology Appropriation (HB 742) 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 $141,120 $144,000 $144,000 State General Funds $141,120 $144,000 $144,000 TOTAL PUBLIC FUNDS $141,120 $144,000 $144,000 WEDNESDAY, MARCH 21, 2012 2499 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 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 $962,908 136.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,621 $2,621 $2,621 136.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,852 $2,852 $2,852 136.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $716 $716 $716 136.4 Reduce funds for operations. State General Funds ($19,258) ($9,258) ($19,258) 136.100 -Governor's Honors Program Appropriation (HB 742) 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 $949,839 $959,839 $949,839 State General Funds $949,839 $959,839 $949,839 TOTAL PUBLIC FUNDS $949,839 $959,839 $949,839 Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 2500 JOURNAL OF THE SENATE 137.1 Reduce funds for internet access due to reduced subscription and usage. State General Funds ($66,436) $0 $0 137.100 -Information Technology Services The purpose of this appropriation is to provide internet access for local school systems. TOTAL STATE FUNDS $3,255,367 State General Funds $3,255,367 TOTAL PUBLIC FUNDS $3,255,367 Appropriation (HB 742) $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 $3,321,803 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 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 $16,867,421 138.1 Reduce funds for Residential Treatment Centers. State General Funds ($76,628) $0 $0 138.2 Reduce funds for Sparsity Grants. State General Funds ($53,700) ($53,700) ($53,700) 138.3 Reduce funds for Georgia Special Needs Scholarships. State General Funds ($207,020) ($207,020) ($207,020) 138.98 Transfer funds for Georgia Special Needs Scholarships to the Quality Basic Education program. State General Funds ($10,144,033) ($10,144,033) ($10,144,033) 138.99 SAC: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. House: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. WEDNESDAY, MARCH 21, 2012 2501 Governor: The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. State General Funds $0 $0 $0 138.100-Non Quality Basic Education Formula Grants Appropriation (HB 742) The purpose of this appropriation is to fund specific initiatives, including children in residential education facilities and sparsity grants. TOTAL STATE FUNDS $6,386,040 $6,462,668 $6,462,668 State General Funds $6,386,040 $6,462,668 $6,462,668 TOTAL PUBLIC FUNDS $6,386,040 $6,462,668 $6,462,668 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 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 $23,119,188 $23,119,188 $24,637,301 $24,637,301 $47,756,489 139.1 Reduce funds for the school lunch program. State General Funds ($809,141) ($525,965) ($775,965) 139.2 Retain state funds sufficient to meet federal maintenance of effort requirements and transfer remaining state funds for nutrition to the Quality Basic Education program. (H:NO)(S:NO) State General Funds ($15,788,068) $0 $0 139.3 Increase funds to reflect projected receipts. Federal Funds Not Itemized $550,250,911 $550,250,911 139.100 -Nutrition Appropriation (HB 742) 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. 2502 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $6,521,979 $6,521,979 $24,637,301 $24,637,301 $31,159,280 $22,593,223 $22,593,223 $574,888,212 $574,888,212 $597,481,435 $22,343,223 $22,343,223 $574,888,212 $574,888,212 $597,231,435 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 140.1 Increase funds to reflect actual earnings. State General Funds $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $27,891,099 $816,588 $521,256 140.100 -Preschool Handicapped Appropriation (HB 742) 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 $27,891,099 $28,707,687 $28,412,355 State General Funds $27,891,099 $28,707,687 $28,412,355 TOTAL PUBLIC FUNDS $27,891,099 $28,707,687 $28,412,355 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 141.1 Reduce funds. State General Funds $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 $130,310,693 ($2,606,214) ($2,606,214) ($2,606,214) WEDNESDAY, MARCH 21, 2012 2503 141.2 Transfer funds from the Pupil Transportation program to the Quality Basic Education program. State General Funds ($127,704,479) ($127,704,479) $0 141.100 -Pupil Transportation Appropriation (HB 742) 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 $0 $0 $127,704,479 State General Funds $0 $0 $127,704,479 TOTAL PUBLIC FUNDS $0 $0 $127,704,479 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 $436,158,587 142.1 Increase funds for revised Equalization earnings for Troup County Public Schools based on errors in data submission. (S:Utilize the most recent tax digest from Troup county to correct data submission errors and reallocate the total appropriation) State General Funds $500,000 $0 142.2 Reduce funds for Clinch County Public Schools based on errors in data submission. (S:Correct data submission errors in Clinch and Charlton counties and reallocate the total appropriation) State General Funds ($70,450) $0 142.99 SAC: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking below the statewide average of per pupil tax wealth as outlined in O.C.G.A. 20-2-165. House: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking below the statewide average of per pupil tax wealth as outlined in O.C.G.A. 20-2-165. State General Funds $0 $0 2504 JOURNAL OF THE SENATE 142.100 -Quality Basic Education Equalization Appropriation (HB 742) The purpose of this appropriation is to provide additional financial assistance to local school systems ranking below the statewide average of per pupil tax wealth as outlined in O.C.G.A. 20-2-165. TOTAL STATE FUNDS $436,158,587 $436,588,137 $436,158,587 State General Funds $436,158,587 $436,588,137 $436,158,587 TOTAL PUBLIC FUNDS $436,158,587 $436,588,137 $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) 143.100 -Quality Basic Education Local Five Mill Share Appropriation (HB 742) 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 PUBLIC FUNDS $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 $7,816,655,183 144.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $72,319,865 $72,319,865 $72,319,865 144.2 Increase funds to cover 0.36% enrollment growth. (H and S:Adjust based on actual enrollment and include $6,746,857 increase to Special Needs Scholarship) WEDNESDAY, MARCH 21, 2012 2505 State General Funds $58,686,542 $56,712,537 $56,712,537 144.3 Increase funds for training and experience. State General Funds $55,770,353 $55,770,353 $55,770,353 144.4 Increase funds for differentiated pay for newly certified math and science teachers. (H:Adjust based on actuals) State General Funds $3,020,931 $3,089,981 $3,020,931 144.5 Increase funds for a grant to the State Special Charter Schools. State General Funds $8,647,953 $8,647,953 $8,647,953 144.6 Transfer funds from the Nutrition program to the Quality Basic Education program. State General Funds $15,788,068 $0 $0 144.7 Transfer funds from the Pupil Transportation program to the Quality Basic Education program. State General Funds $127,704,479 $127,704,479 $0 144.8 Transfer funds from the School Nurses program to the Quality Basic Education program. State General Funds $30,071,158 $0 $0 144.9 Transfer funds from the Non Quality Basic Education Formula Grants program to the Quality Basic Education program for Georgia Special Needs Scholarships. State General Funds $10,144,033 $10,144,033 $10,144,033 144.10 Reflect Governor's recommendation to remove funding for charter system grants. (H:YES)(S:NO; Reflect $3,449,086 in base funding and increase funds for new systems) State General Funds $0 $2,779,606 144.11 Provide forward funding to fund virtual charter students at the $3,200 per FTE level and true up funding using mid-year FTE counts in the FY2013 Amended budget. (S:YES) State General Funds $0 144.100-Quality Basic Education Program Appropriation (HB 742) 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 $8,198,808,565 $8,151,044,384 $8,026,050,461 2506 JOURNAL OF THE SENATE State General Funds TOTAL PUBLIC FUNDS $8,198,808,565 $8,151,044,384 $8,026,050,461 $8,198,808,565 $8,151,044,384 $8,026,050,461 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 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 $8,571,299 145.1 Reduce funds for Education Technology Centers. State General Funds 145.2 Reduce funds for Regional Education Service Agencies (RESA) core services. State General Funds ($60,487) ($110,939) ($60,487) $0 ($60,487) $0 145.100-Regional Education Service Agencies Appropriation (HB 742) 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 $8,399,873 $8,510,812 $8,510,812 State General Funds $8,399,873 $8,510,812 $8,510,812 TOTAL PUBLIC FUNDS $8,399,873 $8,510,812 $8,510,812 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 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 $5,161,681 WEDNESDAY, MARCH 21, 2012 2507 TOTAL PUBLIC FUNDS $5,161,681 $5,161,681 $5,161,681 146.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $61,724 $61,724 $61,724 146.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $67,159 $67,159 $67,159 146.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $9,234 $9,234 $9,234 146.4 Reduce funds for operations. State General Funds ($100,734) ($100,734) ($100,734) 146.5 Utilize existing funds ($400,000) to increase grants for Teach for America. (S:YES) State General Funds $0 146.100 -School Improvement Appropriation (HB 742) 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 $5,199,064 $5,199,064 $5,199,064 State General Funds $5,199,064 $5,199,064 $5,199,064 TOTAL PUBLIC FUNDS $5,199,064 $5,199,064 $5,199,064 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 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 $26,399,520 147.1 Increase funds based on recommendations by the State Education Finance Study Commission. (H and S:Redirect $120,000 to Central Office to fund statewide nursing coordinator based on recommendations by the State Education Finance Study Commission) 2508 JOURNAL OF THE SENATE State General Funds $3,671,638 147.2 Transfer funds from the School Nurses program to the Quality Basic Education program. State General Funds ($30,071,158) $3,551,638 $0 $3,551,638 $0 147.100 -School Nurses Appropriation (HB 742) The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. TOTAL STATE FUNDS $0 $29,951,158 $29,951,158 State General Funds $0 $29,951,158 $29,951,158 TOTAL PUBLIC FUNDS $0 $29,951,158 $29,951,158 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 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 $64,275,760 $64,275,760 $2,972,895 $2,972,895 $67,248,655 148.1 Reduce funds based on declining enrollment. (S:Adjust based on actual earnings and retirement rate increase) State General Funds ($2,297,750) ($2,162,755) 148.100-Severely Emotionally Disturbed Appropriation (HB 742) 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 $64,275,760 $61,978,010 $62,113,005 State General Funds $64,275,760 $61,978,010 $62,113,005 TOTAL FEDERAL FUNDS $2,972,895 $2,972,895 $2,972,895 WEDNESDAY, MARCH 21, 2012 2509 Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,972,895 $67,248,655 $2,972,895 $64,950,905 $2,972,895 $65,085,900 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 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 $8,497,963 $8,497,963 $16,458,804 $16,458,804 $24,956,767 149.99 SAC: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. House: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. Governor: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. State General Funds $0 $0 $0 149.100-State Interagency Transfers Appropriation (HB 742) The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the post-secondary vocational education agency. TOTAL STATE FUNDS $8,497,963 $8,497,963 $8,497,963 State General Funds $8,497,963 $8,497,963 $8,497,963 TOTAL FEDERAL FUNDS $16,458,804 $16,458,804 $16,458,804 Federal Funds Not Itemized $16,458,804 $16,458,804 $16,458,804 TOTAL PUBLIC FUNDS $24,956,767 $24,956,767 $24,956,767 2510 JOURNAL OF THE SENATE State Schools Continuation Budget The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS 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 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 $23,379,119 $23,379,119 $1,423,122 $490,407 $490,407 $828,560 $828,560 $104,155 $104,155 $24,802,241 150.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $302,119 $302,119 $302,119 150.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $328,724 $328,724 $328,724 150.3 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $43,405 $43,405 $43,405 150.4 Increase funds for training and experience. State General Funds $190,757 $190,757 150.100 -State Schools Appropriation (HB 742) The purpose of this appropriation is to prepare sensory-impaired and multi-disabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. TOTAL STATE FUNDS $24,053,367 $24,244,124 $24,244,124 State General Funds $24,053,367 $24,244,124 $24,244,124 TOTAL AGENCY FUNDS $1,423,122 $1,423,122 $1,423,122 Contributions, Donations, and Forfeitures $490,407 $490,407 $490,407 WEDNESDAY, MARCH 21, 2012 2511 Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $490,407 $828,560 $828,560 $104,155 $104,155 $25,476,489 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 $490,407 $828,560 $828,560 $104,155 $104,155 $25,667,246 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 PUBLIC FUNDS $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 $14,201,164 $14,201,164 $16,012,923 $16,012,923 $30,214,087 151.1 Reduce funds for the Extended Day/Year program. (H and S:Reduce funds for operations by one percent) State General Funds ($429,475) ($142,012) ($142,012) 151.100-Technology/Career Education Appropriation (HB 742) 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 $13,771,689 $14,059,152 $14,059,152 State General Funds $13,771,689 $14,059,152 $14,059,152 TOTAL FEDERAL FUNDS $16,012,923 $16,012,923 $16,012,923 Federal Funds Not Itemized $16,012,923 $16,012,923 $16,012,923 TOTAL PUBLIC FUNDS $29,784,612 $30,072,075 $30,072,075 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. 2512 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $13,573,504 $13,573,504 $16,681,802 $16,681,802 $30,255,306 $13,573,504 $13,573,504 $16,681,802 $16,681,802 $30,255,306 $13,573,504 $13,573,504 $16,681,802 $16,681,802 $30,255,306 152.1 Reduce funds. State General Funds ($271,470) 152.2 Increase funds for one Advanced Placement (AP) exam for free and reduced lunch students. State General Funds ($271,470) $177,175 ($271,470) $177,175 152.100 -Testing Appropriation (HB 742) 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 $13,302,034 $13,479,209 $13,479,209 State General Funds $13,302,034 $13,479,209 $13,479,209 TOTAL FEDERAL FUNDS $16,681,802 $16,681,802 $16,681,802 Federal Funds Not Itemized $16,681,802 $16,681,802 $16,681,802 TOTAL PUBLIC FUNDS $29,983,836 $30,161,011 $30,161,011 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 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 153.100 -Tuition for Multi-Handicapped Appropriation (HB 742) 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 $1,551,946 $1,551,946 $1,551,946 WEDNESDAY, MARCH 21, 2012 2513 State General Funds TOTAL PUBLIC FUNDS $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 $1,551,946 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,744.80. 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 Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $17,165,784 $17,165,784 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $16,889,336 $37,401,960 $37,401,960 $17,165,784 $17,165,784 $3,346,840 $3,346,840 $3,346,840 $16,889,336 $16,889,336 $16,889,336 $37,401,960 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 Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $26,532,022 $26,532,022 $3,346,650 $3,346,650 $3,346,650 $17,195,393 $17,195,393 $17,195,393 $47,074,065 $26,532,022 $26,532,022 $3,346,650 $3,346,650 $3,346,650 $17,195,393 $17,195,393 $17,195,393 $47,074,065 $26,544,022 $26,544,022 $3,346,650 $3,346,650 $3,346,650 $17,195,393 $17,195,393 $17,195,393 $47,086,065 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. 2514 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 $0 $0 $3,346,840 $3,346,840 $3,346,840 $3,346,840 154.1 Reduce funds for personnel based on updated projections. Sales and Services Not Itemized ($190) ($190) ($190) 154.100 -Deferred Compensation Appropriation (HB 742) 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 $3,346,650 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 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 $1,281,784 155.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation. State General Funds $421,238 $421,238 $421,238 155.100-Georgia Military Pension Fund Appropriation (HB 742) The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. TOTAL STATE FUNDS $1,703,022 $1,703,022 $1,703,022 WEDNESDAY, MARCH 21, 2012 2515 State General Funds TOTAL PUBLIC FUNDS $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 $1,703,022 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 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 $15,884,000 156.1 Increase funds for the annual required contribution in accordance with the most recent actuarial evaluation. State General Funds $8,945,000 $8,945,000 $8,945,000 156.2 Increase funds for SB246 (2012 Session) as required by the actuary. (S:YES) State General Funds $0 156.100 -Public School Employees Retirement System Appropriation (HB 742) 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 $24,829,000 $24,829,000 $24,829,000 State General Funds $24,829,000 $24,829,000 $24,829,000 TOTAL PUBLIC FUNDS $24,829,000 $24,829,000 $24,829,000 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 $0 $0 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 $0 $0 $16,889,336 $16,889,336 $16,889,336 2516 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $16,889,336 $16,889,336 $16,889,336 157.1 Increase funds for personnel ($187,698) and contracts ($118,359) to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $306,057 $306,057 $306,057 157.2 Increase funds for HB250 (2012 Session) as required by the actuary. (H:YES)(S:YES) State General Funds $0 $11,000 157.3 Increase funds for HB542 (2012 Session) as required by the actuary. (H:YES)(S:YES) State General Funds $0 $1,000 157.4 Increase funds for SB286 (2012 Session) as required by the actuary. (S:YES) State General Funds $0 157.100-System Administration Appropriation (HB 742) 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 $12,000 State General Funds $0 $0 $12,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $17,195,393 $17,195,393 $17,195,393 State Funds Transfers $17,195,393 $17,195,393 $17,195,393 Retirement Payments $17,195,393 $17,195,393 $17,195,393 TOTAL PUBLIC FUNDS $17,195,393 $17,195,393 $17,207,393 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 14.9% for New Plan employees and 10.15% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 11.54% 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 $621.31 per member for State Fiscal Year 2013. It is the intent of the General Assembly to fund HB542 and HB250 (2012 Session). WEDNESDAY, MARCH 21, 2012 2517 Section 25: Forestry Commission, State TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Section Total - Continuation $28,365,917 $28,365,917 $28,365,917 $28,365,917 $5,754,274 $5,754,274 $5,754,274 $5,754,274 $6,798,795 $6,798,795 $125,000 $125,000 $125,000 $125,000 $33,000 $33,000 $33,000 $33,000 $6,640,795 $6,640,795 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $50,000 $50,000 $50,000 $40,968,986 $40,968,986 Section Total - Final $30,440,883 $30,440,883 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $30,440,883 $30,440,883 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $28,365,917 $28,365,917 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 $40,968,986 $30,440,883 $30,440,883 $5,754,274 $5,754,274 $6,798,795 $125,000 $125,000 $33,000 $33,000 $6,640,795 $6,640,795 $50,000 $50,000 $50,000 2518 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS $43,043,952 $43,043,952 $43,043,952 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 $3,273,139 $3,273,139 $42,400 $42,400 $66,288 $66,288 $66,288 $3,381,827 158.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $35,177 $35,177 $35,177 158.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,952 $42,952 $42,952 158.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($2,535) ($2,535) ($2,535) 158.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($9,005) ($9,005) ($9,005) 158.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $19,757 $19,757 $19,757 158.6 Increase funds for general liability premiums. State General Funds $4,984 $4,984 $4,984 158.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $9,832 $9,832 $9,832 WEDNESDAY, MARCH 21, 2012 2519 158.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,966) ($2,966) ($2,966) 158.100 -Commission Administration Appropriation (HB 742) 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 $3,371,335 $3,371,335 $3,371,335 State General Funds $3,371,335 $3,371,335 $3,371,335 TOTAL FEDERAL FUNDS $42,400 $42,400 $42,400 Federal Funds Not Itemized $42,400 $42,400 $42,400 TOTAL AGENCY FUNDS $66,288 $66,288 $66,288 Sales and Services $66,288 $66,288 $66,288 Sales and Services Not Itemized $66,288 $66,288 $66,288 TOTAL PUBLIC FUNDS $3,480,023 $3,480,023 $3,480,023 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 INTRA-STATE GOVERNMENT TRANSFERS $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $2,099,722 $2,099,722 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 2520 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $50,000 $50,000 $6,484,030 $50,000 $50,000 $6,484,030 $50,000 $50,000 $6,484,030 159.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $29,131 $29,131 $29,131 159.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $78,940 $78,940 $78,940 159.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($594) ($594) ($594) 159.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($18,305) ($18,305) ($18,305) 159.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $3,034 $3,034 $3,034 159.6 Increase funds for general liability premiums. State General Funds $10,132 $10,132 $10,132 159.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,452) ($6,452) ($6,452) 159.8 Reduce funds for personnel by eliminating one vacant position. State General Funds ($63,439) ($63,439) ($63,439) 159.100 -Forest Management Appropriation (HB 742) 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. WEDNESDAY, MARCH 21, 2012 2521 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,132,169 $2,132,169 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,516,477 $2,132,169 $2,132,169 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,516,477 $2,132,169 $2,132,169 $3,331,476 $3,331,476 $1,002,832 $125,000 $125,000 $877,832 $877,832 $50,000 $50,000 $50,000 $6,516,477 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 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 $22,993,056 $22,993,056 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $29,896,049 2522 JOURNAL OF THE SENATE 160.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $298,723 $298,723 $298,723 160.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $385,272 $385,272 $385,272 160.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($5,606) ($5,606) ($5,606) 160.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($113,379) ($113,379) ($113,379) 160.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $18,930 $18,930 $18,930 160.6 Increase funds for general liability premiums. State General Funds $62,756 $62,756 $62,756 160.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($39,301) ($39,301) ($39,301) 160.8 Eliminate one-time funds for operations to comply with the narrow banding license requirement of the Federal Communications Commission (FCC). State General Funds ($146,000) ($146,000) ($146,000) 160.98 Transfer funds and 13 positions from the Georgia Aviation Authority. State General Funds $1,482,928 $1,482,928 $1,482,928 160.100-Forest Protection Appropriation (HB 742) 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 $24,937,379 $24,937,379 $24,937,379 WEDNESDAY, MARCH 21, 2012 2523 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 $24,937,379 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 $24,937,379 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 $24,937,379 $2,246,681 $2,246,681 $4,656,312 $33,000 $33,000 $4,623,312 $4,623,312 $31,840,372 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 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $0 $0 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 161.100 -Tree Seedling Nursery Appropriation (HB 742) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 $133,717 $133,717 $1,073,363 $1,073,363 $1,073,363 $1,207,080 2524 JOURNAL OF THE SENATE Section 26: Governor, Office of the TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Section Total - Continuation $53,016,258 $53,016,258 $53,016,258 $53,016,258 $44,024,117 $44,024,117 $40,209,767 $40,209,767 $3,814,350 $3,814,350 $4,575,809 $4,575,809 $3,000,000 $3,000,000 $3,000,000 $3,000,000 $100,000 $100,000 $100,000 $100,000 $747,064 $747,064 $747,064 $747,064 $561,056 $561,056 $561,056 $561,056 $167,689 $167,689 $167,689 $167,689 $147,325 $147,325 $147,325 $147,325 $147,325 $147,325 $101,763,509 $101,763,509 $53,016,258 $53,016,258 $44,024,117 $40,209,767 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $101,763,509 Section Total - Final $65,519,381 $65,519,381 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $57,464,463 $57,464,463 $112,189,184 $108,374,834 $3,814,350 $4,575,809 $3,000,000 $3,000,000 $100,000 $57,284,463 $57,284,463 $112,189,184 $108,374,834 $3,814,350 $4,675,809 $3,000,000 $3,000,000 $100,000 WEDNESDAY, MARCH 21, 2012 2525 Intergovernmental Transfers Not Itemized 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 INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $182,431,699 $100,000 $747,064 $747,064 $561,056 $561,056 $167,689 $167,689 $147,325 $147,325 $147,325 $174,376,781 $100,000 $747,064 $747,064 $661,056 $661,056 $167,689 $167,689 $147,325 $147,325 $147,325 $174,296,781 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 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 $21,701,931 162.1 Increase funds from $18,232,355 to $27,228,603 for the interest payment in the Unemployment Trust Fund loan due September 30, 2012. (H and S:Reflect payment based on the revised federal interest rate) State General Funds $8,996,248 $876,330 $876,330 162.100-Governor's Emergency Fund Appropriation (HB 742) The purpose of this appropriation is to provide emergency funds to draw on when disasters create extraordinary demands on government. TOTAL STATE FUNDS $30,698,179 $22,578,261 $22,578,261 State General Funds $30,698,179 $22,578,261 $22,578,261 TOTAL PUBLIC FUNDS $30,698,179 $22,578,261 $22,578,261 2526 JOURNAL OF THE SENATE Governor's Office Continuation Budget The purpose of this appropriation is to provide numerous duties including, but not limited to: granting commissions, appointments and vacancies, maintaining order, and temporary transfer of institutions between departments or agencies. The Mansion allowance per OCGA 45-7-4 shall be $40,000. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 $5,914,065 $5,914,065 $100,000 $100,000 $100,000 $6,014,065 163.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $68,797 $68,797 $68,797 163.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $83,414 $83,414 $83,414 163.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $10,918 $10,918 $10,918 163.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $10,378 $10,378 $10,378 163.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $11,430 $11,430 $11,430 163.6 Increase funds for general liability premiums. State General Funds $11,395 $11,395 $11,395 163.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,231) ($4,231) ($4,231) 163.8 Reduce funds for operations. State General Funds ($118,281) ($118,281) ($118,281) WEDNESDAY, MARCH 21, 2012 2527 163.100 -Governor's Office Appropriation (HB 742) 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 $5,987,885 $5,987,885 $5,987,885 State General Funds $5,987,885 $5,987,885 $5,987,885 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 $6,087,885 $6,087,885 $6,087,885 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 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 $7,888,777 164.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $71,788 $71,788 $71,788 164.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $100,853 $100,853 $100,853 164.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($187,459) ($187,459) ($187,459) 164.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $7,727 $7,727 $7,727 164.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,928 $1,928 $1,928 164.6 Increase funds for general liability premiums. 2528 JOURNAL OF THE SENATE State General Funds $8,434 $8,434 $8,434 164.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $9,318 $9,318 $9,318 164.8 Reduce funds for operations. State General Funds ($157,755) ($157,755) ($157,755) 164.9 Increase funds for new contract funding for the preparation of legislative fiscal notes. (S:Reflect in the Department of Audits Legislative Services program) State General Funds $200,000 $0 164.100 -Planning and Budget, Governor's Office of Appropriation (HB 742) 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 $7,743,611 $7,943,611 $7,743,611 State General Funds $7,743,611 $7,943,611 $7,743,611 TOTAL PUBLIC FUNDS $7,743,611 $7,943,611 $7,743,611 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 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 $832,892 $832,892 $89,558 $89,558 $25 $25 $25 $922,475 165.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $9,459 $9,459 $9,459 WEDNESDAY, MARCH 21, 2012 2529 165.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,943 $11,943 165.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,473 $1,473 165.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $796 $796 165.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $670 $670 165.6 Increase funds for general liability premiums. State General Funds $1,129 $1,129 165.7 Reduce funds for operations. State General Funds ($10,508) ($10,508) 165.8 Reduce funds and replace with federal funds. State General Funds ($6,150) ($6,150) $11,943 $1,473 $796 $670 $1,129 ($10,508) ($6,150) 165.100 -Child Advocate, Office of the Appropriation (HB 742) 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 $841,704 $841,704 $841,704 State General Funds $841,704 $841,704 $841,704 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 $931,287 $931,287 $931,287 2530 JOURNAL OF THE SENATE 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 FFIND Temp. Assistance for Needy Families CFDA93.558 TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 $1,089,999 $1,089,999 $8,215,596 $4,401,246 $3,814,350 $2,500,000 $2,500,000 $2,500,000 $11,805,595 166.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $11,994 $11,994 $11,994 166.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,545 $10,545 $10,545 166.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($915) ($915) ($915) 166.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $4,396 $4,396 $4,396 166.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($6,383) ($6,383) ($6,383) 166.6 Increase funds for general liability premiums. State General Funds $2,941 $2,941 $2,941 166.7 Reduce funds for new Community Strategy grants. State General Funds ($59,224) ($59,224) ($59,224) 166.8 Increase funds for final year of community based grants. State General Funds $1,852,719 $1,852,719 $1,852,719 WEDNESDAY, MARCH 21, 2012 2531 166.100 -Children and Families, Governor's Office for Appropriation (HB 742) The purpose of this appropriation is to enhance coordination and communication among providers and stakeholders of services to families. TOTAL STATE FUNDS $2,906,072 $2,906,072 $2,906,072 State General Funds $2,906,072 $2,906,072 $2,906,072 TOTAL FEDERAL FUNDS $8,215,596 $8,215,596 $8,215,596 Federal Funds Not Itemized $4,401,246 $4,401,246 $4,401,246 FFIND Temp. Assistance for Needy Families CFDA93.558 $3,814,350 $3,814,350 $3,814,350 TOTAL AGENCY FUNDS $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances $2,500,000 $2,500,000 $2,500,000 Reserved Fund Balances Not Itemized $2,500,000 $2,500,000 $2,500,000 TOTAL PUBLIC FUNDS $13,621,668 $13,621,668 $13,621,668 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, 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,013,369 $2,013,369 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 $2,013,369 $2,013,369 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 $2,013,369 $2,013,369 $29,703,182 $29,703,182 $660,531 $500,000 $500,000 $160,531 $160,531 $147,325 $147,325 $147,325 $32,524,407 2532 JOURNAL OF THE SENATE 167.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $50,811 $50,811 $50,811 167.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $29,852 $29,852 $29,852 167.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $36,455 $36,455 $36,455 167.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($8,525) ($8,525) ($8,525) 167.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $3,460 $3,460 $3,460 167.6 Increase funds for general liability premiums. State General Funds $2,872 $2,872 $2,872 167.7 Reduce funds for the Civil Air Patrol contract. State General Funds ($40,267) ($40,267) ($20,267) 167.100 -Emergency Management Agency, Georgia Appropriation (HB 742) 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 STATE FUNDS $2,088,027 $2,088,027 $2,108,027 State General Funds $2,088,027 $2,088,027 $2,108,027 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 WEDNESDAY, MARCH 21, 2012 2533 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $147,325 $147,325 $147,325 $32,599,065 $147,325 $147,325 $147,325 $32,599,065 $147,325 $147,325 $147,325 $32,619,065 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 $473,351 $473,351 $407,000 $407,000 $880,351 $473,351 $473,351 $407,000 $407,000 $880,351 $473,351 $473,351 $407,000 $407,000 $880,351 168.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,942 $7,942 $7,942 168.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $9,551 $9,551 $9,551 168.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($12,178) ($12,178) ($12,178) 168.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $1,791 $1,791 $1,791 168.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,323 $1,323 $1,323 168.6 Increase funds for general liability premiums. State General Funds $1,148 $1,148 $1,148 168.7 Reduce funds for personnel. State General Funds ($9,467) ($9,467) ($9,467) 2534 JOURNAL OF THE SENATE 168.100 -Equal Opportunity, Georgia Commission on Appropriation (HB 742) 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 $473,461 $473,461 $473,461 State General Funds $473,461 $473,461 $473,461 TOTAL FEDERAL FUNDS $407,000 $407,000 $407,000 Federal Funds Not Itemized $407,000 $407,000 $407,000 TOTAL PUBLIC FUNDS $880,461 $880,461 $880,461 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 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 $5,839,020 $5,839,020 $411,930 $411,930 $500 $500 $500 $6,251,450 169.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $80,063 $80,063 $80,063 169.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $101,043 $101,043 $101,043 169.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($3,054) ($3,054) ($3,054) 169.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $16,244 $16,244 $16,244 169.5 Increase funds to reflect an adjustment in unemployment insurance premiums. WEDNESDAY, MARCH 21, 2012 2535 State General Funds 169.6 Increase funds for general liability premiums. State General Funds 169.7 Reduce funds and eliminate one position due to retirement. State General Funds 169.8 Reduce funds for contracts. State General Funds $6,486 $6,486 $6,486 $11,826 $11,826 $11,826 ($101,618) ($101,618) ($101,618) ($15,162) ($15,162) ($15,162) 169.100 -Professional Standards Commission, Georgia Appropriation (HB 742) 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 $5,934,848 $5,934,848 $5,934,848 State General Funds $5,934,848 $5,934,848 $5,934,848 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 $6,347,278 $6,347,278 $6,347,278 Consumer Protection, 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 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 $5,878,953 $5,878,953 $1,314,753 $747,064 $747,064 $400,000 $400,000 2536 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $167,689 $167,689 $7,193,706 $167,689 $167,689 $7,193,706 $167,689 $167,689 $7,193,706 170.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $56,967 $56,967 $56,967 170.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $100,709 $100,709 $100,709 170.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($69,824) ($69,824) ($69,824) 170.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $11,282 $11,282 $11,282 170.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $5,459 $5,459 $5,459 170.6 Increase funds for general liability premiums. State General Funds $10,035 $10,035 $10,035 170.7 Reduce funds for operations. State General Funds ($50,000) ($50,000) ($50,000) 170.8 Reduce funds for contracts. State General Funds ($67,579) ($67,579) ($67,579) 170.9 Reduce funds and replace with other funds. State General Funds ($58,437) ($58,437) ($58,437) 170.10 Transfer 19 positions from the State Personnel Administration for call center support and 1-800-GEORGIA operations. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 170.11 Reduce funds to annualize reduction for Customer Service. State General Funds ($135,000) ($135,000) WEDNESDAY, MARCH 21, 2012 2537 170.12 Increase appropriation of Lemon Law funds per O.C.G.A. 10-1-791 based on expenditures. Sales and Services Not Itemized $100,000 170.100-Consumer Protection, Governor's Office of Appropriation (HB 742) 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 $5,817,565 $5,682,565 $5,682,565 State General Funds $5,817,565 $5,682,565 $5,682,565 TOTAL AGENCY FUNDS $1,314,753 $1,314,753 $1,414,753 Rebates, Refunds, and Reimbursements $747,064 $747,064 $747,064 Rebates, Refunds, and Reimbursements Not Itemized $747,064 $747,064 $747,064 Sales and Services $400,000 $400,000 $500,000 Sales and Services Not Itemized $400,000 $400,000 $500,000 Sanctions, Fines, and Penalties $167,689 $167,689 $167,689 Sanctions, Fines, and Penalties Not Itemized $167,689 $167,689 $167,689 TOTAL PUBLIC FUNDS $7,132,318 $6,997,318 $7,097,318 Governor's Office of Workforce Development Continuation Budget The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $0 $0 $5,196,851 $5,196,851 $5,196,851 $0 $0 $5,196,851 $5,196,851 $5,196,851 $0 $0 $5,196,851 $5,196,851 $5,196,851 171.1 Transfer funds from the Georgia Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act of 1998. Federal Funds Not Itemized $68,165,067 $68,165,067 $68,165,067 171.2 Utilize existing funds to create a needs-based grant program in the Technical College System of Georgia to train commercial driver's license applicants and law enforcement applicants. (S:YES) State General Funds $0 2538 JOURNAL OF THE SENATE 171.100-Governor's Office of Workforce Development Appropriation (HB 742) The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 $73,361,918 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 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 $555,712 172.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $6,831 $6,831 $6,831 172.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,192 $11,192 $11,192 172.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,902 $1,902 $1,902 172.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $814 $814 $814 172.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $571 $571 $571 172.6 Increase funds for general liability premiums. State General Funds $715 $715 $715 172.7 Reduce funds for operations. State General Funds ($2,351) ($2,351) ($2,351) WEDNESDAY, MARCH 21, 2012 2539 172.8 Reduce funds for computer charges. State General Funds ($2,900) ($2,900) ($2,900) 172.100 -Office of the State Inspector General Appropriation (HB 742) 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 $572,486 $572,486 $572,486 State General Funds $572,486 $572,486 $572,486 TOTAL PUBLIC FUNDS $572,486 $572,486 $572,486 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 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 $828,189 173.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $13,489 $13,489 $13,489 173.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,428 $6,428 $6,428 173.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $305 $305 $305 173.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $685 $685 $685 173.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $711 $711 $711 173.6 Increase funds for general liability premiums. 2540 JOURNAL OF THE SENATE State General Funds 173.7 Increase funds for a reading mentor program. State General Funds 173.8 Reduce funds for personnel. State General Funds 173.9 Reduce funds for real estate rentals. State General Funds $1,001 $1,001 $1,001 $1,641,299 $1,641,299 $1,641,299 ($16,564) ($16,564) ($16,564) ($20,000) ($20,000) ($20,000) 173.100 -Student Achievement, Office of Appropriation (HB 742) 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 $2,455,543 $2,455,543 $2,455,543 State General Funds $2,455,543 $2,455,543 $2,455,543 TOTAL PUBLIC FUNDS $2,455,543 $2,455,543 $2,455,543 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 Protection 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 Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Section Total - Continuation $493,851,322 $493,851,322 $487,659,516 $487,659,516 $6,191,806 $6,191,806 $1,066,721,402 $1,066,721,402 $248,633,721 $248,633,721 $93,207,077 $93,207,077 $100,117,851 $100,117,851 $493,851,322 $487,659,516 $6,191,806 $1,066,721,402 $248,633,721 $93,207,077 $100,117,851 WEDNESDAY, MARCH 21, 2012 2541 Community Services Block Grant CFDA93.569 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 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Income from DECAL for Supplemental Childcare Services Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 $17,282,159 $75,551,657 $24,827,737 $63,275,687 $52,945,743 $372,622,231 $346,822,231 $25,800,000 $18,257,539 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,603,033,112 $17,282,159 $75,551,657 $24,827,737 $63,275,687 $52,945,743 $372,622,231 $346,822,231 $25,800,000 $18,257,539 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,603,033,112 $17,282,159 $75,551,657 $24,827,737 $63,275,687 $52,945,743 $372,622,231 $346,822,231 $25,800,000 $18,257,539 $37,800,900 $851,404 $851,404 $10,307,520 $10,307,520 $26,641,976 $26,641,976 $4,659,488 $3,047,968 $547,968 $2,500,000 $1,611,520 $1,611,520 $1,603,033,112 Section Total - Final $491,092,212 $484,900,406 $6,191,806 $971,009,510 $377,205,083 $2,508,661 $24,701,907 $17,282,159 $491,302,876 $485,111,070 $6,191,806 $970,550,993 $377,205,083 $2,508,661 $24,701,907 $17,282,159 $491,552,876 $485,361,070 $6,191,806 $970,550,993 $377,205,083 $2,508,661 $24,701,907 $17,282,159 2542 JOURNAL OF THE SENATE Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Social Services Block Grant CFDA93.667 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TANF Unobligated Balance per 42 USC 604 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $77,604,639 $24,827,737 $62,991,462 $200,470 $52,945,653 $321,190,139 $321,190,139 $9,551,600 $69,324,291 $851,404 $851,404 $729,513 $729,513 $10,307,520 $10,307,520 $57,435,854 $57,435,854 $552,768 $547,968 $547,968 $4,800 $4,800 $1,531,978,781 $77,146,122 $24,827,737 $62,991,462 $200,470 $52,945,653 $321,190,139 $321,190,139 $9,551,600 $69,324,291 $851,404 $851,404 $729,513 $729,513 $10,307,520 $10,307,520 $57,435,854 $57,435,854 $552,768 $547,968 $547,968 $4,800 $4,800 $1,531,730,928 $77,146,122 $24,827,737 $62,991,462 $200,470 $52,945,653 $321,190,139 $321,190,139 $9,551,600 $69,324,291 $851,404 $851,404 $729,513 $729,513 $10,307,520 $10,307,520 $57,435,854 $57,435,854 $552,768 $547,968 $547,968 $4,800 $4,800 $1,531,980,928 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 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 $34,059,119 $34,059,119 $55,060,884 $38,060,884 $17,000,000 WEDNESDAY, MARCH 21, 2012 2543 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $17,000,000 $46,500 $46,500 $46,500 $89,166,503 $17,000,000 $46,500 $46,500 $46,500 $89,166,503 $17,000,000 $46,500 $46,500 $46,500 $89,166,503 174.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $22,532 $22,532 $22,532 174.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,177 $17,177 $17,177 174.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($427) ($427) ($427) 174.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,086 $1,086 $1,086 174.5 Increase funds for general liability premiums. State General Funds $2,407 $2,407 $2,407 174.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,834) ($1,834) ($1,834) 174.7 Replace funds to reflect change in federal participation rate from 65.95% in FY2012 to 65.71% in FY2013. State General Funds Federal Funds Not Itemized Total Public Funds: $157,219 ($157,219) $0 $157,219 ($157,219) $0 $157,219 ($157,219) $0 174.8 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($600,000) ($600,000) ($600,000) 2544 JOURNAL OF THE SENATE 174.100 -Adoption Services Appropriation (HB 742) 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 $34,257,279 $34,257,279 $34,257,279 State General Funds $34,257,279 $34,257,279 $34,257,279 TOTAL FEDERAL FUNDS $54,303,665 $54,303,665 $54,303,665 Federal Funds Not Itemized $37,903,665 $37,903,665 $37,903,665 Temporary Assistance for Needy Families $16,400,000 $16,400,000 $16,400,000 Temporary Assistance for Needy Families Grant CFDA93.558 $16,400,000 $16,400,000 $16,400,000 TOTAL AGENCY FUNDS $46,500 $46,500 $46,500 Contributions, Donations, and Forfeitures $46,500 $46,500 $46,500 Contributions, Donations, and Forfeitures Not Itemized $46,500 $46,500 $46,500 TOTAL PUBLIC FUNDS $88,607,444 $88,607,444 $88,607,444 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 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 $0 $0 $15,650,000 $150,000 $15,500,000 $15,500,000 $15,650,000 175.100 -After School Care Appropriation (HB 742) 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 Federal Funds Not Itemized Temporary Assistance for Needy Families $15,650,000 $150,000 $15,500,000 $15,650,000 $150,000 $15,500,000 $15,650,000 $150,000 $15,500,000 WEDNESDAY, MARCH 21, 2012 2545 Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS Business Enterprise Program TOTAL STATE FUNDS State General Funds $15,500,000 $15,650,000 $15,500,000 $15,650,000 $15,500,000 $15,650,000 Continuation Budget $0 $0 $0 $0 $0 $0 176.98 Transfer funds and 20 positions for the Business Enterprise Program from the Department of Labor to the Department of Human Services. (H:NO; Transfer Business Enterprise Program to Georgia Vocational Rehabilitation Agency per HB1146, 2012 Session) State General Funds Federal Funds Not Itemized Total Public Funds: $267,655 $1,966,085 $2,233,740 $0 $267,655 $0 $1,966,085 $0 $2,233,740 176.99 SAC: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. House: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. Governor: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. State General Funds $0 $0 $0 176.100-Business Enterprise Program Appropriation (HB 742) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL STATE FUNDS $267,655 $0 $267,655 State General Funds $267,655 $0 $267,655 TOTAL FEDERAL FUNDS $1,966,085 $1,966,085 Federal Funds Not Itemized $1,966,085 $1,966,085 TOTAL PUBLIC FUNDS $2,233,740 $0 $2,233,740 Child Care Licensing Continuation Budget 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. 2546 JOURNAL OF THE SENATE 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 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 $0 $0 $2,193,862 $2,193,862 $2,193,862 $2,193,862 177.1 Increase funds to maximize Title IV-E. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $1,096,931 $1,096,931 $2,193,862 $1,555,448 $638,414 $2,193,862 $1,555,448 $638,414 $2,193,862 177.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,735,345) ($2,193,862) ($2,193,862) 177.3 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $26,544 $26,544 177.100 -Child Care Licensing Appropriation (HB 742) 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 $1,096,931 $1,581,992 $1,581,992 State General Funds $1,096,931 $1,581,992 $1,581,992 TOTAL FEDERAL FUNDS $1,555,448 $638,414 $638,414 Foster Care Title IV-E CFDA93.658 $1,096,931 $638,414 $638,414 Temporary Assistance for Needy Families $458,517 $0 $0 Temporary Assistance for Needy Families Grant CFDA93.558 $458,517 $0 $0 TOTAL PUBLIC FUNDS $2,652,379 $2,220,406 $2,220,406 WEDNESDAY, MARCH 21, 2012 2547 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 Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Social Services Block Grant CFDA93.667 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Income from DECAL for Supplemental Childcare Services TOTAL PUBLIC FUNDS $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 $54,234,300 $54,234,300 $168,520,261 $2,405,811 $90,698,416 $75,415,944 $90 $2,500,000 $2,500,000 $2,500,000 $225,254,561 178.98 Transfer the Child Care Services program from the Department of Human Services to the Department of Early Care and Learning. State General Funds Social Services Block Grant CFDA93.667 Child Care & Development Block Grant CFDA93.575 CCDF Mandatory & Matching Funds CFDA93.596 Income from DECAL for Supplemental Childcare Services Federal Funds Not Itemized Total Public Funds: ($54,234,300) ($90) ($75,415,944) ($90,698,416) ($2,500,000) ($2,405,811) ($225,254,561) ($54,234,300) ($90) ($75,415,944) ($90,698,416) ($2,500,000) ($2,405,811) ($225,254,561) ($54,234,300) ($90) ($75,415,944) ($90,698,416) ($2,500,000) ($2,405,811) ($225,254,561) 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 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $25,142,438 $25,142,438 $72,662,658 $72,542,658 $25,142,438 $25,142,438 $72,662,658 $72,542,658 2548 JOURNAL OF THE SENATE Social Services Block Grant CFDA93.667 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 $120,000 $2,841,500 $2,841,500 $2,841,500 $395,760 $395,760 $395,760 $101,042,356 179.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $248,431 $248,431 $248,431 179.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $653,664 $653,664 $653,664 179.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $25,853 $25,853 $25,853 179.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($16,232) ($16,232) ($16,232) 179.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $41,316 $41,316 $41,316 179.6 Increase funds for general liability premiums. State General Funds $91,610 $91,610 $91,610 179.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($69,779) ($69,779) ($69,779) 179.8 Replace funds for operations. State General Funds Federal Funds Not Itemized Total Public Funds: ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) ($1,511,264) ($1,422,366) ($2,933,630) WEDNESDAY, MARCH 21, 2012 2549 179.100 -Child Support Services Appropriation (HB 742) The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. TOTAL STATE FUNDS $24,606,037 $24,606,037 $24,606,037 State General Funds $24,606,037 $24,606,037 $24,606,037 TOTAL FEDERAL FUNDS $71,240,292 $71,240,292 $71,240,292 Federal Funds Not Itemized $71,120,292 $71,120,292 $71,120,292 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 Agency to Agency Contracts $395,760 $395,760 $395,760 TOTAL PUBLIC FUNDS $99,083,589 $99,083,589 $99,083,589 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 Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 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 Sales and Services Sales and Services Not Itemized $89,712,644 $89,712,644 $162,749,366 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $91,681,915 $65,881,915 $25,800,000 $8,500,000 $8,500,000 $8,500,000 $89,712,644 $89,712,644 $162,749,366 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $91,681,915 $65,881,915 $25,800,000 $8,500,000 $8,500,000 $8,500,000 $89,712,644 $89,712,644 $162,749,366 $29,441,489 $189,956 $32,844,033 $327,806 $8,264,167 $91,681,915 $65,881,915 $25,800,000 $8,500,000 $8,500,000 $8,500,000 2550 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $152,208 $152,208 $152,208 $261,114,218 $152,208 $152,208 $152,208 $261,114,218 $152,208 $152,208 $152,208 $261,114,218 180.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $20,770 $955,063 $955,063 180.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,585,415 $1,585,415 $1,585,415 180.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($39,371) ($39,371) ($39,371) 180.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $100,211 $100,211 $100,211 180.5 Increase funds for general liability premiums. State General Funds $222,192 $222,192 $222,192 180.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($169,243) ($169,243) ($169,243) 180.7 Replace funds. Temporary Assistance for Needy Families Grant CFDA93.558 TANF Transfers to Social Services Block Grant per 42 USC 604 Total Public Funds: $25,800,000 ($25,800,000) $0 $25,800,000 ($25,800,000) $0 $25,800,000 ($25,800,000) $0 180.8 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($10,831,915) ($10,831,915) ($10,831,915) 180.9 Reduce funds for the appropriation in line 180.101. Temporary Assistance for Needy Families Grant CFDA93.558 ($250,000) ($250,000) ($250,000) WEDNESDAY, MARCH 21, 2012 2551 180.10 The Department will investigate alternative, standardized reporting mechanisms for the Division of Family and Children Services (DFCS) and report findings back to the General Assembly by January 1, 2013. (H:YES)(S:YES) State General Funds $0 $0 180.100 -Child Welfare Services Appropriation (HB 742) 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 $91,432,618 $92,366,911 $92,366,911 State General Funds $91,432,618 $92,366,911 $92,366,911 TOTAL FEDERAL FUNDS $151,667,451 $151,667,451 $151,667,451 Federal Funds Not Itemized $29,441,489 $29,441,489 $29,441,489 CCDF Mandatory & Matching Funds CFDA93.596 $189,956 $189,956 $189,956 Foster Care Title IV-E CFDA93.658 $32,844,033 $32,844,033 $32,844,033 Medical Assistance Program CFDA93.778 $327,806 $327,806 $327,806 Social Services Block Grant CFDA93.667 $8,264,167 $8,264,167 $8,264,167 Temporary Assistance for Needy Families $80,600,000 $80,600,000 $80,600,000 Temporary Assistance for Needy Families Grant CFDA93.558 $80,600,000 $80,600,000 $80,600,000 TOTAL AGENCY FUNDS $8,500,000 $8,500,000 $8,500,000 Sales and Services $8,500,000 $8,500,000 $8,500,000 Sales and Services Not Itemized $8,500,000 $8,500,000 $8,500,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $152,208 $152,208 $152,208 State Funds Transfers $152,208 $152,208 $152,208 Agency to Agency Contracts $152,208 $152,208 $152,208 TOTAL PUBLIC FUNDS $251,752,277 $252,686,570 $252,686,570 180.101 Special Project - Child Welfare Services: The purpose for this appropriation is to increase funds for Child Advocacy Centers. Temporary Assistance for Needy Families Grant CFDA93.558 $250,000 $250,000 $250,000 Community Services Continuation Budget 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. 2552 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 $0 $0 $17,189,183 $17,189,183 $17,189,183 181.100-Community Services Appropriation (HB 742) 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 Community Services Block Grant CFDA93.569 TOTAL PUBLIC FUNDS $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 $17,189,183 Departmental Administration Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized CCDF Mandatory & Matching Funds CFDA93.596 Child Care & Development Block Grant CFDA93.575 Community Services Block Grant CFDA93.569 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 Sales and Services $34,666,911 $34,666,911 $49,544,119 $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 $34,666,911 $34,666,911 $49,544,119 $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 $34,666,911 $34,666,911 $49,544,119 $23,580,352 $1,118,705 $209,161 $92,976 $5,697,821 $200,000 $4,813,206 $2,539,375 $11,292,523 $11,292,523 $15,288,067 $15,288,067 WEDNESDAY, MARCH 21, 2012 2553 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $15,288,067 $99,499,097 $15,288,067 $99,499,097 $15,288,067 $99,499,097 182.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $496,427 $496,427 $496,427 182.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $252,088 $252,088 $252,088 182.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,970 $9,970 $9,970 182.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($6,260) ($6,260) ($6,260) 182.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $15,934 $15,934 $15,934 182.6 Increase funds for general liability premiums. State General Funds $35,329 $35,329 $35,329 182.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $57,615 $57,615 $57,615 182.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($26,910) ($26,910) ($26,910) 182.9 Reduce funds for operations ($173,342), contracts ($266,434), and computer charges ($228,981). State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($668,757) ($264,304) ($933,061) ($668,757) ($264,304) ($933,061) ($668,757) ($264,304) ($933,061) 182.10 Replace funds for the Electronic Benefits System (EBT). State General Funds $2,704,154 $2,704,154 $2,704,154 182.11 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other 2554 JOURNAL OF THE SENATE Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,197,274) ($3,197,274) ($3,197,274) 182.12 Increase funds for the Liberty County Division of Family and Children Services (DFCS) Office. State General Funds $50,000 182.98 Transfer funds and 45 positions for the Division of Rehabilitation Administration from the Department of Labor to the Department of Human Services. (H:NO; Transfer Division of Rehabilitation Administration to Georgia Vocational Rehabilitation Agency per HB1146, 2012 Session)(S:NO; Recognize in a new Division of Rehabilitation Administration program) State General Funds Federal Funds Not Itemized Total Public Funds: $1,401,526 $0 $0 $2,335,411 $0 $0 $3,736,937 $0 $0 182.100-Departmental Administration Appropriation (HB 742) 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 $38,938,027 $37,536,501 $37,586,501 State General Funds $38,938,027 $37,536,501 $37,586,501 TOTAL FEDERAL FUNDS $48,417,952 $46,082,541 $46,082,541 Federal Funds Not Itemized $25,915,763 $23,580,352 $23,580,352 CCDF Mandatory & Matching Funds CFDA93.596 $1,118,705 $1,118,705 $1,118,705 Child Care & Development Block Grant CFDA93.575 $209,161 $209,161 $209,161 Community Services Block Grant CFDA93.569 $92,976 $92,976 $92,976 Foster Care Title IV-E CFDA93.658 $5,697,821 $5,697,821 $5,697,821 Low-Income Home Energy Assistance CFDA93.568 $200,000 $200,000 $200,000 Medical Assistance Program CFDA93.778 $4,548,902 $4,548,902 $4,548,902 Social Services Block Grant CFDA93.667 $2,539,375 $2,539,375 $2,539,375 Temporary Assistance for Needy Families $8,095,249 $8,095,249 $8,095,249 Temporary Assistance for Needy Families Grant CFDA93.558 $8,095,249 $8,095,249 $8,095,249 TOTAL AGENCY FUNDS $15,288,067 $15,288,067 $15,288,067 Sales and Services $15,288,067 $15,288,067 $15,288,067 Sales and Services Not Itemized $15,288,067 $15,288,067 $15,288,067 WEDNESDAY, MARCH 21, 2012 2555 TOTAL PUBLIC FUNDS Disability Adjudication Section TOTAL STATE FUNDS State General Funds $102,644,046 $98,907,109 $98,957,109 Continuation Budget $0 $0 $0 $0 $0 $0 183.98 Transfer funds and 569 positions to process applications for federal disability programs from the Department of Labor to the Department of Human Services. (H:NO; Transfer Disability Adjudication Program to Georgia Vocational Rehabilitation Agency per HB1146, 2012 Session) Federal Funds Not Itemized $55,598,820 $0 $55,598,820 183.99 SAC: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. House: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. Governor: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. State General Funds $0 $0 $0 183.100 -Disability Adjudication Section Appropriation (HB 742) The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $55,598,820 $55,598,820 $55,598,820 $55,598,820 $55,598,820 $0 $55,598,820 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 $12,287,841 $12,287,841 $3,573,433 $12,287,841 $12,287,841 $3,573,433 $12,287,841 $12,287,841 $3,573,433 2556 JOURNAL OF THE SENATE Federal Funds Not Itemized Medical Assistance Program CFDA93.778 Social Services Block Grant CFDA93.667 TOTAL INTRA-STATE GOVERNMENT TRANSFERS Agency Funds Transfers Agency Fund Transfers Not Itemized TOTAL PUBLIC FUNDS $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 $1,611,520 $17,472,794 $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 $1,611,520 $17,472,794 $793,894 $500,000 $2,279,539 $1,611,520 $1,611,520 $1,611,520 $17,472,794 184.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $160,861 $160,861 $160,861 184.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $136,954 $136,954 $136,954 184.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,416 $5,416 $5,416 184.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($3,401) ($3,401) ($3,401) 184.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $8,657 $8,657 $8,657 184.6 Increase funds for general liability premiums. State General Funds $19,194 $19,194 $19,194 184.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($14,620) ($14,620) ($14,620) 184.8 Increase funds to replace loss of civil monetary penalty funds. State General Funds Agency Fund Transfers Not Itemized Total Public Funds: $1,611,520 ($1,611,520) $0 $1,611,520 ($1,611,520) $0 $1,611,520 ($1,611,520) $0 WEDNESDAY, MARCH 21, 2012 2557 184.100 -Elder Abuse Investigations and Prevention Appropriation (HB 742) 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 $14,212,422 $14,212,422 $14,212,422 State General Funds $14,212,422 $14,212,422 $14,212,422 TOTAL FEDERAL FUNDS $3,573,433 $3,573,433 $3,573,433 Federal Funds Not Itemized $793,894 $793,894 $793,894 Medical Assistance Program CFDA93.778 $500,000 $500,000 $500,000 Social Services Block Grant CFDA93.667 $2,279,539 $2,279,539 $2,279,539 TOTAL PUBLIC FUNDS $17,785,855 $17,785,855 $17,785,855 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 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $112,910,244 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $112,910,244 $71,474,920 $66,401,043 $5,073,877 $41,435,324 $23,908,635 $13,765,259 $3,761,430 $112,910,244 185.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,281 $7,281 $7,281 185.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $8,357 $8,357 $8,357 185.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $330 $330 $330 185.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. 2558 JOURNAL OF THE SENATE State General Funds ($208) ($208) ($208) 185.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $528 $528 $528 185.6 Increase funds for general liability premiums. State General Funds $1,171 $1,171 $1,171 185.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($892) ($892) ($892) 185.8 Increase funds to reflect change in federal participation rate from 65.95% in FY2012 to 65.71% in FY2013. State General Funds $295,431 $295,431 $295,431 185.9 Utilize Balance Incentive Payment Program to invest in home and community-based services options in Medicaid. (H:YES)(S:YES) State General Funds $0 $0 185.100-Elder Community Living Services Appropriation (HB 742) The purpose of this appropriation is to provide Georgians who need nursing home level of care the option of remaining in their own communities. TOTAL STATE FUNDS $71,786,918 $71,786,918 $71,786,918 State General Funds $66,713,041 $66,713,041 $66,713,041 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 $113,222,242 $113,222,242 $113,222,242 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 $2,847,024 $2,847,024 $2,847,024 WEDNESDAY, MARCH 21, 2012 2559 State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 $1,729,095 $1,117,929 $5,866,268 $5,866,268 $8,713,292 186.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $6,500 $6,500 186.2 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $257 $257 186.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($160) ($160) 186.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $411 $411 186.5 Increase funds for general liability premiums. State General Funds $911 $911 186.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($694) ($694) $6,500 $257 ($160) $411 $911 ($694) 186.100 -Elder Support Services Appropriation (HB 742) The purpose of this appropriation is to assist older Georgians, so that they may live in their homes and communities, by providing health, employment, nutrition, and other support and education services. TOTAL STATE FUNDS $2,854,249 $2,854,249 $2,854,249 State General Funds $1,736,320 $1,736,320 $1,736,320 Tobacco Settlement Funds $1,117,929 $1,117,929 $1,117,929 TOTAL FEDERAL FUNDS $5,866,268 $5,866,268 $5,866,268 Federal Funds Not Itemized $5,866,268 $5,866,268 $5,866,268 TOTAL PUBLIC FUNDS $8,720,517 $8,720,517 $8,720,517 2560 JOURNAL OF THE SENATE 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 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $0 $0 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 187.100 -Energy Assistance Appropriation (HB 742) The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. 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 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 $24,281,180 $24,281,180 $890,669 $804,904 $804,904 $85,765 $85,765 $25,171,849 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 $1,655,000 $1,655,000 $12,131,459 $1,655,000 $1,655,000 $12,131,459 $1,655,000 $1,655,000 $12,131,459 WEDNESDAY, MARCH 21, 2012 2561 Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $2,083,044 $10,048,415 $10,048,415 $13,786,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 $2,083,044 $10,048,415 $10,048,415 $13,786,459 188.1 Replace funds. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 Total Public Funds: $9,847,450 ($9,847,450) $0 $9,847,450 ($9,847,450) $0 $9,847,450 ($9,847,450) $0 188.2 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($200,965) ($200,965) ($200,965) 188.3 Increase funds for sexual assault centers. Preventive Health & Health Services Block Grant CFDA93.991 $200,470 $200,470 $200,470 188.100-Family Violence Services Appropriation (HB 742) 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 $11,502,450 $11,502,450 $11,502,450 State General Funds $11,502,450 $11,502,450 $11,502,450 TOTAL FEDERAL FUNDS $2,283,514 $2,283,514 $2,283,514 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 TOTAL PUBLIC FUNDS $13,785,964 $13,785,964 $13,785,964 Federal Eligibility Benefit Services Continuation Budget The purpose of this appropriation is to verify eligibility and provide support services for Medicaid, Food Stamp, and Temporary Assistance for Needy Families (TANF). 2562 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Child Care & Development Block Grant CFDA93.575 Foster Care Title IV-E CFDA93.658 Low-Income Home Energy Assistance CFDA93.568 Medical Assistance Program CFDA93.778 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 $99,903,637 $99,903,637 $107,518,362 $40,633,202 $900,000 $2,882,030 $346,557 $43,127,713 $19,628,860 $19,628,860 $10,234,164 $10,221,755 $10,221,755 $12,409 $12,409 $217,656,163 189.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,239,608 $1,305,315 $1,305,315 189.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,982,349 $1,982,349 $1,982,349 189.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $141,783 $141,783 $141,783 189.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($49,228) ($49,228) ($49,228) 189.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $125,301 $125,301 $125,301 189.6 Increase funds for general liability premiums. State General Funds $277,821 $277,821 $277,821 WEDNESDAY, MARCH 21, 2012 2563 189.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $13,757 $13,757 189.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($211,616) ($211,616) $13,757 ($211,616) 189.100 -Federal Eligibility Benefit Services Appropriation (HB 742) 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 $104,423,412 $103,489,119 $103,489,119 State General Funds $104,423,412 $103,489,119 $103,489,119 TOTAL FEDERAL FUNDS $107,518,362 $107,518,362 $107,518,362 Federal Funds Not Itemized $40,633,202 $40,633,202 $40,633,202 Child Care & Development Block Grant CFDA93.575 $900,000 $900,000 $900,000 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 $43,127,713 $43,127,713 $43,127,713 Temporary Assistance for Needy Families $19,628,860 $19,628,860 $19,628,860 Temporary Assistance for Needy Families Grant CFDA93.558 $19,628,860 $19,628,860 $19,628,860 TOTAL AGENCY FUNDS $10,234,164 $10,234,164 $10,234,164 Intergovernmental Transfers $10,221,755 $10,221,755 $10,221,755 Intergovernmental Transfers Not Itemized $10,221,755 $10,221,755 $10,221,755 Sales and Services $12,409 $12,409 $12,409 Sales and Services Not Itemized $12,409 $12,409 $12,409 TOTAL PUBLIC FUNDS $222,175,938 $221,241,645 $221,241,645 Federal Fund Transfers to Other Agencies Continuation Budget 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 STATE FUNDS State General Funds TOTAL FEDERAL FUNDS $0 $0 $101,860,320 $0 $0 $101,860,320 $0 $0 $101,860,320 2564 JOURNAL OF THE SENATE CCDF Mandatory & Matching Funds CFDA93.596 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 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 $1,200,000 $23,592,746 $35,981,142 $41,086,432 $41,086,432 $101,860,320 190.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($15,298,832) ($15,298,832) ($15,298,832) 190.100-Federal Fund Transfers to Other Agencies Appropriation (HB 742) 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 CCDF Mandatory & Matching Funds CFDA93.596 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 $86,561,488 $1,200,000 $23,592,746 $35,981,142 $25,787,600 $25,787,600 $86,561,488 $86,561,488 $1,200,000 $23,592,746 $35,981,142 $25,787,600 $25,787,600 $86,561,488 $86,561,488 $1,200,000 $23,592,746 $35,981,142 $25,787,600 $25,787,600 $86,561,488 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 $8,705,939 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 $8,705,939 $0 $0 $8,705,939 $8,705,939 $8,705,939 WEDNESDAY, MARCH 21, 2012 2565 191.1 Reduce funds. TANF Unobligated Balance per 42 USC 604 ($8,705,939) ($8,705,939) ($8,705,939) Georgia Industries for the Blind TOTAL STATE FUNDS State General Funds Continuation Budget $0 $0 $0 $0 $0 $0 192.98 Transfer funds, 20 positions, and 15 motor vehicles for the Georgia Industries for the Blind program from the Department of Labor to the Department of Human Services. (H:NO; Transfer the Georgia Industries for the Blind to Georgia Vocational Rehabilitation Agency per HB1146, 2012 Session) Sales and Services Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: $11,099,375 $729,513 $11,828,888 $0 $11,099,375 $0 $729,513 $0 $11,828,888 192.99 SAC: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. House: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Governor: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. State General Funds $0 $0 $0 192.100-Georgia Industries for the Blind Appropriation (HB 742) The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $0 $11,828,888 2566 JOURNAL OF THE SENATE 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 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 $59,577,370 $59,577,370 $132,929,177 $56,305 $34,127,773 $98,745,099 $98,745,099 $192,506,547 193.1 Increase funds to reflect change in federal participation rate from 65.95% in FY2012 to 65.71% in FY2013. State General Funds $123,530 $123,530 $123,530 193.2 Increase funds for out-of-home care utilization. State General Funds Foster Care Title IV-E CFDA93.658 Total Public Funds: $3,896,572 $956,051 $4,852,623 $3,896,572 $956,051 $4,852,623 $3,896,572 $956,051 $4,852,623 193.3 Replace funds. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 Total Public Funds: $4,448,158 ($4,448,158) $0 $3,989,641 ($4,448,158) ($458,517) $3,989,641 ($4,448,158) ($458,517) 193.4 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,021,099) ($2,562,582) ($2,562,582) 193.5 Increase funds for KidsPeace. State General Funds $200,000 WEDNESDAY, MARCH 21, 2012 2567 193.100 -Out of Home Care Appropriation (HB 742) 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 $68,045,630 $67,587,113 $67,787,113 State General Funds $68,045,630 $67,587,113 $67,787,113 TOTAL FEDERAL FUNDS $126,415,971 $126,874,488 $126,874,488 Federal Funds Not Itemized $56,305 $56,305 $56,305 Foster Care Title IV-E CFDA93.658 $35,083,824 $35,083,824 $35,083,824 Temporary Assistance for Needy Families $91,275,842 $91,734,359 $91,734,359 Temporary Assistance for Needy Families Grant CFDA93.558 $91,275,842 $91,734,359 $91,734,359 TOTAL PUBLIC FUNDS $194,461,601 $194,461,601 $194,661,601 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 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 $0 $0 $8,749,006 $8,749,006 $8,749,006 194.100 -Refugee Assistance Appropriation (HB 742) The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 $8,749,006 Roosevelt Warm Springs Institute Continuation Budget TOTAL STATE FUNDS $0 $0 $0 2568 JOURNAL OF THE SENATE State General Funds $0 $0 $0 195.98 Transfer funds, 491 positions, and 44 vehicles for the Roosevelt Warm Springs Institute from the Department of Labor to the Department of Human Services. (H:NO; Transfer Roosevelt Warm Springs Institute to Georgia Vocational Rehabilitation Agency per HB1146, 2012 Session) State General Funds FF National School Lunch Program CFDA10.555 Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: $5,484,053 $4,800 $6,989,289 $18,888,287 $31,366,429 $0 $5,484,053 $0 $4,800 $0 $6,989,289 $0 $18,888,287 $0 $31,366,429 195.99 SAC: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. House: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. Governor: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. State General Funds $0 $0 $0 195.100-Roosevelt Warm Springs Institute Appropriation (HB 742) The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. TOTAL STATE FUNDS $5,484,053 $0 $5,484,053 State General Funds $5,484,053 $0 $5,484,053 TOTAL FEDERAL FUNDS $6,989,289 $6,989,289 Federal Funds Not Itemized $6,989,289 $6,989,289 TOTAL AGENCY FUNDS $18,888,287 $18,888,287 Sales and Services $18,888,287 $18,888,287 Sales and Services Not Itemized $18,888,287 $18,888,287 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $4,800 $4,800 Federal Funds Transfers $4,800 $4,800 FF National School Lunch Program CFDA10.555 $4,800 $4,800 TOTAL PUBLIC FUNDS $31,366,429 $0 $31,366,429 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. WEDNESDAY, MARCH 21, 2012 2569 TOTAL STATE FUNDS 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 $100,000 $100,000 $52,400,415 $42,848,815 $42,848,815 $9,551,600 $52,500,415 $100,000 $100,000 $52,400,415 $42,848,815 $42,848,815 $9,551,600 $52,500,415 $100,000 $100,000 $52,400,415 $42,848,815 $42,848,815 $9,551,600 $52,500,415 196.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($1,018,054) ($1,018,054) ($1,018,054) 196.100 -Support for Needy Families - Basic Assistance Appropriation (HB 742) 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 $51,382,361 $51,382,361 $51,382,361 Temporary Assistance for Needy Families $41,830,761 $41,830,761 $41,830,761 Temporary Assistance for Needy Families Grant CFDA93.558 $41,830,761 $41,830,761 $41,830,761 TANF Unobligated Balance per 42 USC 604 $9,551,600 $9,551,600 $9,551,600 TOTAL PUBLIC FUNDS $51,482,361 $51,482,361 $51,482,361 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 $0 $0 $21,758,483 $362,173 $0 $0 $21,758,483 $362,173 $0 $0 $21,758,483 $362,173 2570 JOURNAL OF THE SENATE Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $21,396,310 $21,396,310 $21,758,483 $21,396,310 $21,396,310 $21,758,483 $21,396,310 $21,396,310 $21,758,483 197.1 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Out of Home Care, Family Violence Services, Federal Fund Transfers to Other Agencies, Support for Needy Families - Basic Assistance, and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($33,000) ($33,000) ($33,000) 197.100 -Support for Needy Families - Work Assistance Appropriation (HB 742) 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 FEDERAL FUNDS Federal Funds Not Itemized Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL PUBLIC FUNDS $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 $21,725,483 $362,173 $21,363,310 $21,363,310 $21,725,483 Vocational Rehabilitation Program Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 198.1 Increase funds to maintain reductions for contract funds for specialized services at two percent. State General Funds 198.2 Reduce funds to eliminate one contract. State General Funds 198.3 Increase funds for the Speech, Hearing, and Rehabilitation Enterprise of Coastal Georgia Inc. contract. State General Funds $180,159 ($54,145) $54,145 WEDNESDAY, MARCH 21, 2012 2571 198.98 Transfer funds, 779 positions, and 12 motor vehicles for the Vocational Rehabilitation program from the Department of Labor to the Department of Human Services. (H:NO; Transfer Vocational Rehabilitation Program to Georgia Vocational Rehabilitation Agency per HB1146, 2012 Session) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: $12,851,140 $65,667,153 $806,216 $79,324,509 $0 $12,851,140 $0 $65,667,153 $0 $806,216 $0 $79,324,509 198.99 SAC: The purpose of this appropriation is to assist people with disabilities so that they may go to work. House: The purpose of this appropriation is to assist people with disabilities so that they may go to work. Governor: The purpose of this appropriation is to assist people with disabilities so that they may go to work. State General Funds $0 $0 $0 198.100-Vocational Rehabilitation Program The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS $12,851,140 State General Funds $12,851,140 TOTAL FEDERAL FUNDS $65,667,153 Federal Funds Not Itemized $65,667,153 TOTAL AGENCY FUNDS $806,216 Sales and Services $806,216 Sales and Services Not Itemized $806,216 TOTAL PUBLIC FUNDS $79,324,509 Appropriation (HB 742) $0 $13,031,299 $0 $13,031,299 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $0 $79,504,668 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 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 $198,052 199.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. 2572 JOURNAL OF THE SENATE State General Funds $3,259 $3,259 199.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,816 $3,816 199.3 Reduce funds for operations. State General Funds ($1,694) $0 199.4 Reduce funds for contracts. State General Funds ($2,267) $0 $3,259 $3,816 $0 $0 199.100 -Council on Aging Appropriation (HB 742) 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 $201,166 $205,127 $205,127 State General Funds $201,166 $205,127 $205,127 TOTAL PUBLIC FUNDS $201,166 $205,127 $205,127 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 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 $7,992,066 $7,992,066 $1,941,703 $741,703 $1,200,000 $1,200,000 $9,933,769 200.1 Reduce funds for contracts. State General Funds Medical Assistance Program CFDA93.778 Total Public Funds: ($19,921) ($19,921) ($39,842) ($19,921) ($19,921) ($39,842) ($19,921) ($19,921) ($39,842) WEDNESDAY, MARCH 21, 2012 2573 200.2 Reduce funds for county collaborative contracts. State General Funds 200.3 Replace funds. State General Funds Temporary Assistance for Needy Families Grant CFDA93.558 Total Public Funds: ($139,920) ($139,920) ($139,920) $1,200,000 ($1,200,000) $0 $1,200,000 ($1,200,000) $0 $1,200,000 ($1,200,000) $0 200.100-Family Connection Appropriation (HB 742) 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 $9,032,225 $9,032,225 $9,032,225 State General Funds $9,032,225 $9,032,225 $9,032,225 TOTAL FEDERAL FUNDS $721,782 $721,782 $721,782 Medical Assistance Program CFDA93.778 $721,782 $721,782 $721,782 TOTAL PUBLIC FUNDS $9,754,007 $9,754,007 $9,754,007 Georgia Vocational Rehabilitation Agency Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 801.1 Transfer funds and 20 positions from the Department of Labor to the Department of Human Services for administration of the Business Enterprise Program. State General Funds Federal Funds Not Itemized Total Public Funds: $267,655 $0 $1,966,085 $0 $2,233,740 $0 801.2 Transfer funds and 45 positions from the Department of Labor to the Department of Human Services for administration of the Division of Rehabilitation Administration. State General Funds Federal Funds Not Itemized Total Public Funds: $1,401,526 $0 $2,335,411 $0 $3,736,937 $0 2574 JOURNAL OF THE SENATE 801.3 Transfer funds and 569 positions from the Department of Labor to the Department of Human Services to process applications for federal disability programs. Federal Funds Not Itemized $55,598,820 $0 801.4 Transfer funds, 20 positions, and 15 motor vehicles from the Department of Labor to the Department of Human Services for administration of the Georgia Industries for the Blind program. Sales and Services Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: $11,099,375 $0 $729,513 $0 $11,828,888 $0 801.5 Transfer funds, 491 positions, and 44 vehicles from the Department of Labor to the Department of Human Services for administration of the Roosevelt Warm Springs Institute. State General Funds FF National School Lunch Program CFDA10.555 Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: $5,484,053 $0 $4,800 $0 $6,989,289 $0 $18,888,287 $0 $31,366,429 $0 801.6 Transfer funds, 779 positions, and 12 motor vehicles from the Department of Labor to the Department of Human Services for administration of the Vocational Rehabilitation program. State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: $12,851,140 $0 $65,667,153 $0 $806,216 $0 $79,324,509 $0 801.7 Increase funds to maintain reductions for contract funds for specialized services at two percent. State General Funds $180,159 $0 801.99 SAC: The purpose of this appropriation is to assist people with disabilities so that they may go to work. House: The purpose of this appropriation is to assist people with disabilities so that they may go to work. State General Funds $0 $0 801.100-Georgia Vocational Rehabilitation Agency The purpose of this appropriation is to assist people with disabilities so that they may go to work. TOTAL STATE FUNDS Appropriation (HB 742) $20,184,533 $0 WEDNESDAY, MARCH 21, 2012 2575 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 Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Division of Rehabilitation Administration TOTAL STATE FUNDS State General Funds $20,184,533 $0 $132,556,758 $132,556,758 $31,523,391 $729,513 $729,513 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $184,269,482 $0 Continuation Budget $0 $0 810.98 Transfer funds and 45 positions for the Division of Rehabilitation Administration from the Department of Labor to the Department of Human Services. State General Funds Federal Funds Not Itemized Total Public Funds: $1,401,526 $2,335,411 $3,736,937 810.99 SAC: The purpose of this appropriation is to help people with disabilities to become fully productive members of society by achieving independence and meaningful employment. State General Funds $0 810.100 -Division of Rehabilitation Administration Appropriation (HB 742) 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 $1,401,526 State General Funds $1,401,526 2576 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,335,411 $2,335,411 $3,736,937 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 standard of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standard of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standard of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standard of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standard of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standard of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standard of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standard of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standard of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standard of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standard 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Section Total - Continuation $16,123,050 $16,123,050 $16,123,050 $16,123,050 $1,958,414 $1,958,414 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $81,806 $16,123,050 $16,123,050 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 WEDNESDAY, MARCH 21, 2012 2577 Agency to Agency Contracts TOTAL PUBLIC FUNDS $81,806 $18,178,696 $81,806 $18,178,696 $81,806 $18,178,696 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $16,144,363 $16,144,363 $1,958,414 $1,958,414 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $18,200,009 $18,967,615 $18,967,615 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,191,813 $19,567,615 $19,567,615 $2,126,966 $2,126,966 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $21,791,813 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 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 $1,647,774 201.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $26,329 $26,329 $26,329 201.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $29,664 $29,664 $29,664 201.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($294) ($294) ($294) 201.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. 2578 JOURNAL OF THE SENATE State General Funds ($4,984) ($4,984) ($4,984) 201.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,824 $1,824 $1,824 201.6 Increase funds for general liability premiums. State General Funds $1,475 $1,475 $1,475 201.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $320 $320 $320 201.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,602) ($2,602) ($2,602) 201.9 Transfer funds to State Accounting Office for Comptroller General function and one position. (H and S:NO; Transfer the Comptroller General responsibility to the State Accounting Office) State General Funds ($110,348) $0 $0 201.100-Departmental Administration Appropriation (HB 742) 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 $1,589,158 $1,699,506 $1,699,506 State General Funds $1,589,158 $1,699,506 $1,699,506 TOTAL PUBLIC FUNDS $1,589,158 $1,699,506 $1,699,506 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 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 $723,693 202.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $8,635 $8,635 $8,635 WEDNESDAY, MARCH 21, 2012 2579 202.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,029 $13,029 202.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($129) ($129) 202.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,189) ($2,189) 202.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $801 $801 202.6 Increase funds for general liability premiums. State General Funds $648 $648 202.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $140 $140 202.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,143) ($1,143) $13,029 ($129) ($2,189) $801 $648 $140 ($1,143) 202.100 -Enforcement Appropriation (HB 742) 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 $743,485 $743,485 $743,485 State General Funds $743,485 $743,485 $743,485 TOTAL PUBLIC FUNDS $743,485 $743,485 $743,485 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 $3,977,002 $3,977,002 $3,977,002 2580 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $3,977,002 $954,555 $954,555 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 $3,977,002 $954,555 $954,555 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 $3,977,002 $954,555 $954,555 $15,426 $15,426 $15,426 $81,806 $81,806 $81,806 $5,028,789 203.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $51,860 $51,860 $51,860 203.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,598 $71,598 $71,598 203.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($710) ($710) ($710) 203.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($12,030) ($12,030) ($12,030) 203.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $4,403 $4,403 $4,403 203.6 Increase funds for general liability premiums. State General Funds $3,559 $3,559 $3,559 203.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $772 $772 $772 203.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,281) ($6,281) ($6,281) 203.9 Transfer funds and 63 positions from the Department of Labor to the Department of Insurance for safety inspections. WEDNESDAY, MARCH 21, 2012 2581 State General Funds Federal Funds Not Itemized Total Public Funds: $3,312,904 $168,552 $3,481,456 $3,312,904 $168,552 $3,481,456 203.100-Fire Safety Appropriation (HB 742) 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 $4,090,173 $7,403,077 $7,403,077 State General Funds $4,090,173 $7,403,077 $7,403,077 TOTAL FEDERAL FUNDS $954,555 $1,123,107 $1,123,107 Federal Funds Not Itemized $954,555 $1,123,107 $1,123,107 TOTAL AGENCY FUNDS $15,426 $15,426 $15,426 Sales and Services $15,426 $15,426 $15,426 Sales and Services Not Itemized $15,426 $15,426 $15,426 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $81,806 $81,806 $81,806 State Funds Transfers $81,806 $81,806 $81,806 Agency to Agency Contracts $81,806 $81,806 $81,806 TOTAL PUBLIC FUNDS $5,141,960 $8,623,416 $8,623,416 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 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 $628,338 204.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,975 $7,975 $7,975 204.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. 2582 JOURNAL OF THE SENATE State General Funds $11,312 $11,312 204.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($112) ($112) 204.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,901) ($1,901) 204.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $696 $696 204.6 Increase funds for general liability premiums. State General Funds $562 $562 204.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $122 $122 204.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($992) ($992) $11,312 ($112) ($1,901) $696 $562 $122 ($992) 204.100 -Industrial Loan Appropriation (HB 742) 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 $646,000 $646,000 $646,000 State General Funds $646,000 $646,000 $646,000 TOTAL PUBLIC FUNDS $646,000 $646,000 $646,000 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 $5,210,480 $5,210,480 $5,210,480 $5,210,480 $5,210,480 $5,210,480 WEDNESDAY, MARCH 21, 2012 2583 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,003,859 $1,003,859 $6,214,339 $1,003,859 $1,003,859 $6,214,339 $1,003,859 $1,003,859 $6,214,339 205.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $70,938 $70,938 $70,938 205.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $93,805 $93,805 $93,805 205.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($930) ($930) ($930) 205.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($15,761) ($15,761) ($15,761) 205.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $5,768 $5,768 $5,768 205.6 Increase funds for general liability premiums. State General Funds $4,663 $4,663 $4,663 205.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,012 $1,012 $1,012 205.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($8,229) ($8,229) ($8,229) 205.9 Reduce one-time funds for computer upgrades. State General Funds ($222,461) ($222,461) ($222,461) 205.10 Reduce funds personnel by eliminating two vacant positions. (H and S:Maintain position count) State General Funds ($101,450) ($101,450) ($101,450) 205.11 Reduce funds for one-time funds appropriated in FY2012. State General Funds ($600,000) $0 2584 JOURNAL OF THE SENATE 205.100 -Insurance Regulation Appropriation (HB 742) 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 $5,037,835 $4,437,835 $5,037,835 State General Funds $5,037,835 $4,437,835 $5,037,835 TOTAL FEDERAL FUNDS $1,003,859 $1,003,859 $1,003,859 Federal Funds Not Itemized $1,003,859 $1,003,859 $1,003,859 TOTAL PUBLIC FUNDS $6,041,694 $5,441,694 $6,041,694 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 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 $3,935,763 206.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $41,273 $41,273 $41,273 206.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $70,856 $70,856 $70,856 206.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($702) ($702) ($702) 206.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($11,905) ($11,905) ($11,905) 206.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $4,357 $4,357 $4,357 206.6 Increase funds for general liability premiums. State General Funds $3,522 $3,522 $3,522 WEDNESDAY, MARCH 21, 2012 2585 206.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $764 $764 206.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,216) ($6,216) $764 ($6,216) 206.100 -Special Fraud Appropriation (HB 742) The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. TOTAL STATE FUNDS $4,037,712 $4,037,712 $4,037,712 State General Funds $4,037,712 $4,037,712 $4,037,712 TOTAL PUBLIC FUNDS $4,037,712 $4,037,712 $4,037,712 Section 29: Investigation, Georgia Bureau of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $63,188,521 $63,188,521 $63,188,521 $63,188,521 $27,148,061 $27,148,061 $27,148,061 $27,148,061 $19,903,129 $19,903,129 $19,003,129 $19,003,129 $19,003,129 $19,003,129 $900,000 $900,000 $900,000 $900,000 $110,239,711 $110,239,711 $63,188,521 $63,188,521 $27,148,061 $27,148,061 $19,903,129 $19,003,129 $19,003,129 $900,000 $900,000 $110,239,711 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Section Total - Final $74,012,567 $74,012,567 $27,148,061 $27,148,061 $20,892,198 $19,992,198 $19,992,198 $79,672,547 $79,672,547 $27,148,061 $27,148,061 $20,892,198 $19,992,198 $19,992,198 $78,181,699 $78,181,699 $27,148,061 $27,148,061 $20,892,198 $19,992,198 $19,992,198 2586 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $900,000 $900,000 $122,052,826 $900,000 $900,000 $127,712,806 $900,000 $900,000 $126,221,958 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 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 $7,687,111 $7,687,111 $30,000 $30,000 $7,717,111 207.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $92,627 $92,627 $92,627 207.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $127,586 $127,586 $127,586 207.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,460,154) ($625,585) ($1,460,154) 207.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($13,205) ($13,205) ($13,205) 207.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,182 $1,182 $1,182 207.6 Increase funds for general liability premiums. State General Funds $7,736 $7,736 $7,736 207.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,728 $1,728 $1,728 207.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,041) ($4,041) ($4,041) WEDNESDAY, MARCH 21, 2012 2587 207.100 -Bureau Administration Appropriation (HB 742) 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 $6,440,570 $7,275,139 $6,440,570 State General Funds $6,440,570 $7,275,139 $6,440,570 TOTAL FEDERAL FUNDS $30,000 $30,000 $30,000 Federal Funds Not Itemized $30,000 $30,000 $30,000 TOTAL PUBLIC FUNDS $6,470,570 $7,305,139 $6,470,570 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 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 $6,978,273 $6,978,273 $181,425 $181,425 $2,990,304 $2,990,304 $2,990,304 $10,150,002 208.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $71,250 $71,250 $71,250 208.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $98,141 $98,141 $98,141 208.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($10,157) ($10,157) ($10,157) 208.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $911 $911 $911 2588 JOURNAL OF THE SENATE 208.5 Increase funds for general liability premiums. State General Funds $5,951 $5,951 $5,951 208.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,329 $1,329 $1,329 208.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,108) ($3,108) ($3,108) 208.8 Transfer funds to the Forensic Scientific Services program to retain 27 scientific positions previously funded with federal funds and use other funds for program expenses. State General Funds Sales and Services Not Itemized Total Public Funds: ($989,069) $989,069 $0 ($989,069) $989,069 $0 ($989,069) $989,069 $0 208.100-Criminal Justice Information Services Appropriation (HB 742) 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 $6,153,521 $6,153,521 $6,153,521 State General Funds $6,153,521 $6,153,521 $6,153,521 TOTAL FEDERAL FUNDS $181,425 $181,425 $181,425 Federal Funds Not Itemized $181,425 $181,425 $181,425 TOTAL AGENCY FUNDS $3,979,373 $3,979,373 $3,979,373 Sales and Services $3,979,373 $3,979,373 $3,979,373 Sales and Services Not Itemized $3,979,373 $3,979,373 $3,979,373 TOTAL PUBLIC FUNDS $10,314,319 $10,314,319 $10,314,319 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. WEDNESDAY, MARCH 21, 2012 2589 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 $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 $22,260,252 $22,260,252 $81,131 $81,131 $157,865 $157,865 $157,865 $22,499,248 209.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $279,200 $279,200 $279,200 209.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $384,574 $384,574 $384,574 209.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($39,803) ($39,803) ($39,803) 209.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $3,570 $3,570 $3,570 209.5 Increase funds for general liability premiums. State General Funds $23,319 $23,319 $23,319 209.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $5,208 $5,208 $5,208 209.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($12,179) ($12,179) ($12,179) 209.8 Increase funds ($220,000) and transfer funds ($989,069) from the Criminal Justice Information Services program to the Forensic Scientific Services program for the retention of 27 scientific positions previously funded with federal funds. State General Funds $1,209,069 $1,409,069 $1,409,069 209.9 Increase funds to initiate a law enforcement career ladder within Forensic Scientific Services. State General Funds $1,045,000 $1,045,000 2590 JOURNAL OF THE SENATE 209.100 -Forensic Scientific Services Appropriation (HB 742) 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 $24,113,210 $25,358,210 $25,358,210 State General Funds $24,113,210 $25,358,210 $25,358,210 TOTAL FEDERAL FUNDS $81,131 $81,131 $81,131 Federal Funds Not Itemized $81,131 $81,131 $81,131 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 $24,352,206 $25,597,206 $25,597,206 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, high technology investigations unit, communications center, regional drug enforcement, and polygraph examinations. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 $25,918,538 $25,918,538 $1,240,883 $1,240,883 $204,682 $204,682 $204,682 $27,364,103 210.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $302,887 $302,887 $302,887 210.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. WEDNESDAY, MARCH 21, 2012 2591 State General Funds $417,201 $417,201 $417,201 210.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($43,180) ($43,180) ($43,180) 210.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $3,873 $3,873 $3,873 210.5 Increase funds for general liability premiums. State General Funds $25,297 $25,297 $25,297 210.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $5,650 $5,650 $5,650 210.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($13,212) ($13,212) ($13,212) 210.8 Reduce funds for personnel due to attrition. (H and S:Fill and retain positions) State General Funds ($458,116) $0 $0 210.9 Transfer funds from the Sexual Offender Review Board to Regional Investigative Services for one part-time and four full-time investigators. State General Funds $239,235 $239,235 210.10 Increase funds to initiate a law enforcement career ladder within Regional Investigative Services. State General Funds $1,388,400 $1,388,400 210.100 -Regional Investigative Services Appropriation (HB 742) 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 $26,158,938 $28,244,689 $28,244,689 State General Funds $26,158,938 $28,244,689 $28,244,689 TOTAL FEDERAL FUNDS $1,240,883 $1,240,883 $1,240,883 Federal Funds Not Itemized $1,240,883 $1,240,883 $1,240,883 2592 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $204,682 $204,682 $204,682 $27,604,503 $204,682 $204,682 $204,682 $29,690,254 $204,682 $204,682 $204,682 $29,690,254 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; 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 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 $344,347 $344,347 $25,614,622 $25,614,622 $16,550,278 $15,650,278 $15,650,278 $900,000 $900,000 $42,509,247 211.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $6,069 $6,069 $6,069 211.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,155 $4,155 $4,155 211.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,718 $2,718 $2,718 211.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $731 $731 $731 WEDNESDAY, MARCH 21, 2012 2593 211.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($353) ($353) ($353) 211.6 Increase funds for general liability premiums. State General Funds $247 $247 $247 211.7 Reduce funds for temporary labor contracts. State General Funds ($6,887) ($6,887) ($6,887) 211.8 Increase funds for a grant program for local entities for new and existing Accountability Courts. (H and S:Increase funds and transfer existing Judicial Council grant funds to support new and existing Accountability Courts, as follows: $9,383,682 for felony accountability courts; $1,500,000 for DUI, family, and juvenile courts, and $750,000 for collaborative pilot projects with the Department of Corrections. No administrative fees shall be received by CJCC for administering these funds) State General Funds $10,000,000 $11,633,682 $11,633,682 211.9 Reflect an Executive Order creating the Accountability Courts Granting Committee of the Criminal Justice Coordinating Council. (H:YES)(S:YES) State General Funds $0 $0 211.99 SAC: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. House: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Governor: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. State General Funds $0 $0 $0 211.100-Criminal Justice Coordinating Council Appropriation (HB 742) The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. TOTAL STATE FUNDS $10,351,027 $11,984,709 $11,984,709 State General Funds $10,351,027 $11,984,709 $11,984,709 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 $16,550,278 $16,550,278 $16,550,278 2594 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS Sexual Offender Review Board TOTAL STATE FUNDS State General Funds $15,650,278 $15,650,278 $900,000 $900,000 $52,515,927 $15,650,278 $15,650,278 $900,000 $900,000 $54,149,609 $15,650,278 $15,650,278 $900,000 $900,000 $54,149,609 Continuation Budget $0 $0 $0 $0 $0 $0 808.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. (S:Reflect in the Department of Behavioral Health and Developmental Disabilities) State General Funds $5,087 $5,087 $0 808.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. (S:Reflect in the Department of Behavioral Health and Developmental Disabilities) State General Funds $12,740 $12,740 $0 808.3 Increase funds to convert two part-time evaluators and one clerk to full-time employees. (S:Reflect in the Department of Behavioral Health and Developmental Disabilities) State General Funds $100,213 $0 808.4 Transfer funds from the Sexual Offender Review Board to Regional Investigative Services for one part-time and four full-time investigators. (S:Reflect in the Department of Behavioral Health and Developmental Disabilities) State General Funds ($239,235) $0 808.98 Transfer funds from the Department of Behavioral Health and Developmental Disabilities to the Georgia Bureau of Investigation for the Sexual Offender Review Board. State General Funds $777,474 $777,474 $0 808.99 SAC: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. House: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. WEDNESDAY, MARCH 21, 2012 2595 Governor: The purpose of this appropriation is protecting Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. State General Funds $0 $0 $0 808.100 -Sexual Offender Review Board Appropriation (HB 742) 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 $795,301 $656,279 $0 State General Funds $795,301 $656,279 $0 TOTAL PUBLIC FUNDS $795,301 $656,279 $0 Section 30: Juvenile Justice, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Continuation $285,712,163 $285,712,163 $285,712,163 $285,712,163 $1,524,955 $1,524,955 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $76,308 $76,308 $76,308 $4,808,833 $4,808,833 $4,808,833 $4,808,833 $1,531,226 $1,531,226 $3,277,607 $3,277,607 $292,122,259 $292,122,259 $285,712,163 $285,712,163 $1,524,955 $1,524,955 $76,308 $76,308 $76,308 $4,808,833 $4,808,833 $1,531,226 $3,277,607 $292,122,259 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Section Total - Final $300,747,134 $300,747,134 $1,524,955 $1,524,955 $76,308 $76,308 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $76,308 $76,308 $300,747,134 $300,747,134 $1,524,955 $1,524,955 $76,308 $76,308 2596 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 FF National School Lunch Program CFDA10.555 Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $76,308 $5,159,991 $4,808,833 $1,531,226 $3,277,607 $351,158 $351,158 $307,508,388 $76,308 $5,159,991 $4,808,833 $1,531,226 $3,277,607 $351,158 $351,158 $307,508,388 $76,308 $5,159,991 $4,808,833 $1,531,226 $3,277,607 $351,158 $351,158 $307,508,388 Community Services 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 $28,242,669 $28,242,669 $1,373,480 $1,373,480 $1,373,480 $29,616,149 212.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $674,481 $674,481 $674,481 212.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $955,991 $955,991 $955,991 212.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $244,486 $244,486 $244,486 212.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $7,357 $7,357 $7,357 212.5 Increase funds for general liability premiums. WEDNESDAY, MARCH 21, 2012 2597 State General Funds $184,632 $184,632 $184,632 212.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($64,201) ($64,201) ($64,201) 212.7 Increase funds for 50 non-secure residential beds. State General Funds $2,737,500 $2,737,500 $2,737,500 212.8 Increase funds for 60 new Evening Reporting Centers slots. State General Funds $576,000 $576,000 $576,000 212.9 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Administration, Community Services, and Secure Commitment (YDCs) programs. State General Funds $1,937,059 $1,937,059 $1,937,059 212.97 Transfer funds from the Community Supervision program to the Community Non-Secure Commitment program due to consolidation of Community Non-Secure Commitment and Community Supervision programs into the new Community Services program. State General Funds FFID Medical Assistance Program CFDA93.778 Total Public Funds: $53,264,403 $351,158 $53,615,561 $53,264,403 $351,158 $53,615,561 $53,264,403 $351,158 $53,615,561 212.98 Change the program name to Community Services. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 212.100-Community Services Appropriation (HB 742) 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 $88,760,377 $88,760,377 $88,760,377 State General Funds $88,760,377 $88,760,377 $88,760,377 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,724,638 $1,724,638 $1,724,638 Federal Funds Transfers $1,373,480 $1,373,480 $1,373,480 FF Foster Care Title IV-E CFDA93.658 $1,373,480 $1,373,480 $1,373,480 2598 JOURNAL OF THE SENATE Federal Funds Indirect FFID Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $351,158 $351,158 $90,485,015 $351,158 $351,158 $90,485,015 $351,158 $351,158 $90,485,015 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 PUBLIC FUNDS $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 $56,348,348 213.1 Reduce funds for one full-time quality assurance specialist position due to workload realignment. State General Funds ($43,113) ($43,113) ($43,113) 213.2 Reduce funds for personnel due to turnover. State General Funds ($1,512,400) ($1,512,400) ($1,512,400) 213.3 Reduce funds due to consolidation of six High Intensity Supervision (HITS) units based on caseload and eliminate 24 full-time positions. State General Funds ($944,059) ($944,059) ($944,059) 213.4 Replace funds. State General Funds FFID Medical Assistance Program CFDA93.778 Total Public Funds: ($351,158) $351,158 $0 ($351,158) $351,158 $0 ($351,158) $351,158 $0 213.5 Reduce funds for two contracted eligibility specialist positions due to current workload. State General Funds ($48,000) ($48,000) ($48,000) 213.6 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Administration, Community Services, and Secure Commitment (YDCs) programs. State General Funds ($128,313) ($128,313) ($128,313) WEDNESDAY, MARCH 21, 2012 2599 213.7 Reduce funds for one full-time position due to reorganization. State General Funds ($56,902) ($56,902) ($56,902) 213.98 Transfer funds from the Community Supervision program to the new Community Services program due to consolidation of the Community Non-Secure Commitment and Community Supervision programs into the Community Services program. State General Funds FFID Medical Assistance Program CFDA93.778 Total Public Funds: ($53,264,403) ($351,158) ($53,615,561) ($53,264,403) ($351,158) ($53,615,561) ($53,264,403) ($351,158) ($53,615,561) Departmental Administration Continuation Budget The purpose of this appropriation is to protect and serve the citizens of Georgia by holding youthful offenders accountable for their actions through the delivery of effective services in appropriate settings. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF Foster Care Title IV-E CFDA93.658 TOTAL PUBLIC FUNDS $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 $26,866,077 $26,866,077 $376,837 $376,837 $15,299 $15,299 $15,299 $157,746 $157,746 $157,746 $27,415,959 214.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $211,016 $211,016 $211,016 214.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $305,917 $305,917 $305,917 214.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($61,511) ($61,511) ($61,511) 2600 JOURNAL OF THE SENATE 214.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $78,235 $78,235 $78,235 214.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $2,354 $2,354 $2,354 214.6 Increase funds for general liability premiums. State General Funds $59,082 $59,082 $59,082 214.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $45,761 $45,761 $45,761 214.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($20,544) ($20,544) ($20,544) 214.9 Reduce funds for two full-time and three part-time positions due to workload realignment. State General Funds ($96,860) ($96,860) ($96,860) 214.10 Reduce funds for one full-time training development specialist position due to reorganization. State General Funds ($52,160) ($52,160) ($52,160) 214.11 Reduce funds for training costs due to technological efficiencies. State General Funds ($70,000) ($70,000) ($70,000) 214.12 Reduce funds for personnel as a result of turnover. State General Funds ($31,306) ($31,306) ($31,306) 214.13 Reduce funds due to telecommunications cost efficiencies. State General Funds ($500,000) ($500,000) ($500,000) 214.14 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Administration, Community Services, and Secure Commitment (YDCs) programs. State General Funds $208,109 $208,109 $208,109 WEDNESDAY, MARCH 21, 2012 2601 214.100-Departmental Administration Appropriation (HB 742) 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 $26,944,170 $26,944,170 $26,944,170 State General Funds $26,944,170 $26,944,170 $26,944,170 TOTAL FEDERAL FUNDS $376,837 $376,837 $376,837 Federal Funds Not Itemized $376,837 $376,837 $376,837 TOTAL AGENCY FUNDS $15,299 $15,299 $15,299 Sales and Services $15,299 $15,299 $15,299 Sales and Services Not Itemized $15,299 $15,299 $15,299 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $157,746 $157,746 $157,746 Federal Funds Transfers $157,746 $157,746 $157,746 FF Foster Care Title IV-E CFDA93.658 $157,746 $157,746 $157,746 TOTAL PUBLIC FUNDS $27,494,052 $27,494,052 $27,494,052 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 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 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 $70,668,678 $70,668,678 $1,089,360 $1,089,360 $18,812 $18,812 $18,812 $1,448,759 $1,448,759 $1,448,759 $73,225,609 215.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $688,217 $688,217 $688,217 2602 JOURNAL OF THE SENATE 215.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $955,991 $955,991 $955,991 215.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $244,485 $244,485 $244,485 215.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $7,357 $7,357 $7,357 215.5 Increase funds for general liability premiums. State General Funds $184,631 $184,631 $184,631 215.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($64,201) ($64,201) ($64,201) 215.7 Reduce funds for ten full-time and six part-time clerical positions due to technological efficiencies. State General Funds ($225,636) ($225,636) 215.8 Reduce funds for six full-time positions due to workload realignment. State General Funds ($178,278) ($178,278) ($225,636) ($178,278) 215.9 Reduce funds for four full-time and sixteen part-time educational support positions and maintain required staff ratio. State General Funds ($310,137) ($310,137) ($310,137) 215.10 Increase funds for two Security Management and Response Teams (SMART). State General Funds $1,049,241 $1,049,241 $1,049,241 215.11 Increase funds for operations at the Atlanta YDC. State General Funds $7,763,584 $7,763,584 $7,763,584 215.12 Transfer funds to Administration, Community Services, and Secure Commitment (YDCs) from Secure Detention (RYDCs) and Community Supervision. State General Funds $729,400 $729,400 $729,400 WEDNESDAY, MARCH 21, 2012 2603 215.100 -Secure Commitment (YDCs) Appropriation (HB 742) The purpose of this appropriation is to protect the public and hold youth accountable for their actions and provide secure care and supervision of youth including academic, recreational, vocational, medical, mental health, counseling, and religious services for those youth committed to the Department's custody, sentenced to the Short Term Program, or convicted of an offense under Senate Bill 440. TOTAL STATE FUNDS $81,513,332 $81,513,332 $81,513,332 State General Funds $81,513,332 $81,513,332 $81,513,332 TOTAL FEDERAL FUNDS $1,089,360 $1,089,360 $1,089,360 Federal Funds Not Itemized $1,089,360 $1,089,360 $1,089,360 TOTAL AGENCY FUNDS $18,812 $18,812 $18,812 Sales and Services $18,812 $18,812 $18,812 Sales and Services Not Itemized $18,812 $18,812 $18,812 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,448,759 $1,448,759 $1,448,759 Federal Funds Transfers $1,448,759 $1,448,759 $1,448,759 FF National School Lunch Program CFDA10.555 $1,448,759 $1,448,759 $1,448,759 TOTAL PUBLIC FUNDS $84,070,263 $84,070,263 $84,070,263 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 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 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 $103,586,391 $103,586,391 $58,758 $58,758 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,516,194 2604 JOURNAL OF THE SENATE 216.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,151,868 $1,151,868 $1,151,868 216.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,606,065 $1,606,065 $1,606,065 216.3 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $410,736 $410,736 $410,736 216.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $12,360 $12,360 $12,360 216.5 Increase funds for general liability premiums. State General Funds $310,181 $310,181 $310,181 216.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($107,857) ($107,857) ($107,857) 216.7 Reduce funds for four full-time and sixteen part-time educational support positions and maintain required staff ratio. State General Funds ($328,874) ($328,874) ($328,874) 216.8 Reduce funds for ten full-time and six part-time clerical positions due to technological efficiencies. State General Funds ($365,360) ($365,360) ($365,360) 216.9 Transfer funds from the Secure Detention (RYDCs) and Community Supervision programs to the Administration, Community Services, and Secure Commitment (YDCs) programs. State General Funds ($2,746,255) ($2,746,255) ($2,746,255) 216.100 -Secure Detention (RYDCs) Appropriation (HB 742) 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 $103,529,255 $103,529,255 $103,529,255 State General Funds $103,529,255 $103,529,255 $103,529,255 TOTAL FEDERAL FUNDS $58,758 $58,758 $58,758 Federal Funds Not Itemized $58,758 $58,758 $58,758 WEDNESDAY, MARCH 21, 2012 2605 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 Section 31: Labor, Department of 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 INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 $42,197 $42,197 $42,197 $1,828,848 $1,828,848 $1,828,848 $105,459,058 Section Total - Continuation $37,724,399 $37,724,399 $37,724,399 $37,724,399 $345,440,508 $345,440,508 $345,440,508 $345,440,508 $31,663,664 $31,663,664 $729,513 $729,513 $729,513 $729,513 $140,273 $140,273 $140,273 $140,273 $30,793,878 $30,793,878 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $4,800 $4,800 $4,800 $414,833,371 $414,833,371 $37,724,399 $37,724,399 $345,440,508 $345,440,508 $31,663,664 $729,513 $729,513 $140,273 $140,273 $30,793,878 $30,793,878 $4,800 $4,800 $4,800 $414,833,371 Section Total - Final $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 $14,406,411 $14,406,411 $122,284,919 $122,284,919 $140,273 $140,273 2606 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $140,273 $140,273 $140,273 $136,831,603 $136,831,603 $136,831,603 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 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 $290,261 $290,261 $1,966,085 $1,966,085 $2,256,346 217.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,779 $1,779 $1,779 217.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,715 $3,715 $3,715 217.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $140 $140 $140 217.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($89) ($89) ($89) 217.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($76) ($76) ($76) 217.6 Increase funds for general liability premiums. State General Funds $209 $209 $209 217.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($284) ($284) ($284) 217.8 Reduce funds for computer charges to reflect projected expenditures. State General Funds ($28,000) ($28,000) ($28,000) WEDNESDAY, MARCH 21, 2012 2607 217.98 Transfer funds and 20 positions for the Business Enterprise Program from the Department of Labor to the Department of Human Services. (H:Transfer to the Georgia Vocational Rehabilitation Agency) State General Funds Federal Funds Not Itemized Total Public Funds: ($267,655) ($1,966,085) ($2,233,740) ($267,655) ($1,966,085) ($2,233,740) ($267,655) ($1,966,085) ($2,233,740) 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 $1,781,557 $1,781,557 $37,923,936 $37,923,936 $140,273 $140,273 $140,273 $39,845,766 218.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $14,634 $14,634 $14,634 218.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,798 $22,798 $22,798 218.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $860 $860 $860 218.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($538) ($538) ($538) 218.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($469) ($469) ($469) 218.6 Increase funds for general liability premiums. 2608 JOURNAL OF THE SENATE State General Funds $1,285 $1,285 218.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,745) ($1,745) 218.8 Reduce funds for grants to reflect projected expenditures of the Workforce Investment Act. Federal Funds Not Itemized ($6,611,644) ($6,611,644) $1,285 ($1,745) ($6,611,644) 218.100 -Department of Labor Administration Appropriation (HB 742) 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 $1,818,382 $1,818,382 $1,818,382 State General Funds $1,818,382 $1,818,382 $1,818,382 TOTAL FEDERAL FUNDS $31,312,292 $31,312,292 $31,312,292 Federal Funds Not Itemized $31,312,292 $31,312,292 $31,312,292 TOTAL AGENCY FUNDS $140,273 $140,273 $140,273 Intergovernmental Transfers $140,273 $140,273 $140,273 Intergovernmental Transfers Not Itemized $140,273 $140,273 $140,273 TOTAL PUBLIC FUNDS $33,270,947 $33,270,947 $33,270,947 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 $55,598,820 219.98 Transfer funds and 569 positions to process applications for federal disability programs from the Department of Labor to the Department of Human Services. (H:Transfer to the Georgia Vocational Rehabilitation Agency) Federal Funds Not Itemized ($55,598,820) ($55,598,820) ($55,598,820) WEDNESDAY, MARCH 21, 2012 2609 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 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 $1,501,585 $1,501,585 $2,913,518 $2,913,518 $4,415,103 220.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $8,003 $8,003 $8,003 220.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,216 $19,216 $19,216 220.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $724 $724 $724 220.4 Increase funds for general liability premiums. State General Funds $1,082 $1,082 $1,082 220.5 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,471) ($1,471) ($1,471) 220.6 Transfer funds to the Board of Regents for the Georgia Statewide Consortium of Technology contract and Tools for Life. State General Funds Federal Funds Not Itemized Total Public Funds: ($127,613) ($578,107) ($705,720) ($127,613) ($578,107) ($705,720) ($127,613) ($578,107) ($705,720) 220.98 Transfer funds and 45 positions for the Division of Rehabilitation Administration from the Department of Labor to the Department of Human Services. (H:Transfer to the Georgia Vocational Rehabilitation Agency)(S:Recognize in a new Division of Rehabilitation Administration program) State General Funds Federal Funds Not Itemized Total Public Funds: ($1,401,526) ($2,335,411) ($3,736,937) ($1,401,526) ($2,335,411) ($3,736,937) ($1,401,526) ($2,335,411) ($3,736,937) 2610 JOURNAL OF THE SENATE 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 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 $0 $0 $11,828,888 $729,513 $729,513 $11,099,375 $11,099,375 $11,828,888 221.98 Transfer funds, 20 positions, and 15 motor vehicles for the Georgia Industries for the Blind program from the Department of Labor to the Department of Human Services. (H:Transfer to the Georgia Vocational Rehabilitation Agency) Sales and Services Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: ($11,099,375) ($729,513) ($11,828,888) ($11,099,375) ($729,513) ($11,828,888) ($11,099,375) ($729,513) ($11,828,888) 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 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 $0 $0 $2,249,873 $2,249,873 $2,249,873 222.100 -Labor Market Information Appropriation (HB 742) The purpose of this appropriation is to collect, analyze, and publish a wide array of information about the state's labor market. TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 $2,249,873 WEDNESDAY, MARCH 21, 2012 2611 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 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 $5,349,131 $5,349,131 $6,989,289 $6,989,289 $18,888,287 $18,888,287 $18,888,287 $4,800 $4,800 $4,800 $31,231,507 223.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $69,142 $69,142 $69,142 223.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $68,454 $68,454 $68,454 223.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,580 $2,580 $2,580 223.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,072) ($2,072) ($2,072) 223.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,800) ($1,800) ($1,800) 223.6 Increase funds for general liability premiums. State General Funds $3,856 $3,856 $3,856 223.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,238) ($5,238) ($5,238) 2612 JOURNAL OF THE SENATE 223.98 Transfer funds, 491 positions, and 44 vehicles for the Roosevelt Warm Springs Institute from the Department of Labor to the Department of Human Services. (H:Transfer to the Georgia Vocational Rehabilitation Agency) State General Funds FF National School Lunch Program CFDA10.555 Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($5,484,053) ($4,800) ($6,989,289) ($18,888,287) ($31,366,429) ($5,484,053) ($4,800) ($6,989,289) ($18,888,287) ($31,366,429) ($5,484,053) ($4,800) ($6,989,289) ($18,888,287) ($31,366,429) 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 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 $3,237,422 $3,237,422 $168,552 $168,552 $3,405,974 224.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $35,158 $35,158 $35,158 224.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $41,430 $41,430 $41,430 224.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,561 $1,561 $1,561 224.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($980) ($980) ($980) 224.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($851) ($851) ($851) 224.6 Increase funds for general liability premiums. WEDNESDAY, MARCH 21, 2012 2613 State General Funds $2,334 $2,334 $2,334 224.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,170) ($3,170) ($3,170) 224.98 Transfer funds and 63 positions for safety inspections from the Department of Labor to the Department of Agriculture. (H and S:Transfer to the Department of Insurance) State General Funds Federal Funds Not Itemized Total Public Funds: ($3,312,904) ($168,552) ($3,481,456) ($3,312,904) ($168,552) ($3,481,456) ($3,312,904) ($168,552) ($3,481,456) 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 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 $5,789,691 $5,789,691 $49,173,186 $49,173,186 $54,962,877 225.1 Utilize existing state funds to pay the Unemployment Trust Fund loan interest and maximize federal funds for program operations. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 225.100-Unemployment Insurance Appropriation (HB 742) 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 $5,789,691 $5,789,691 $5,789,691 State General Funds $5,789,691 $5,789,691 $5,789,691 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 $54,962,877 $54,962,877 $54,962,877 2614 JOURNAL OF THE SENATE 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 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 $13,227,143 $13,227,143 $65,667,153 $65,667,153 $806,216 $806,216 $806,216 $79,700,512 226.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $111,519 $111,519 $111,519 226.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $169,271 $169,271 $169,271 226.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $6,379 $6,379 $6,379 226.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($4,002) ($4,002) ($4,002) 226.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($3,481) ($3,481) ($3,481) 226.6 Increase funds for general liability premiums. State General Funds $9,535 $9,535 $9,535 226.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($12,954) ($12,954) ($12,954) 226.8 Reduce funds for personnel. State General Funds ($180,159) ($180,159) ($180,159) WEDNESDAY, MARCH 21, 2012 2615 226.9 Reduce funds for specialized services contracts. State General Funds ($472,111) ($472,111) ($472,111) 226.98 Transfer funds, 779 positions, and 12 motor vehicles for the Vocational Rehabilitation program from the Department of Labor to the Department of Human Services. (H:Transfer to the Georgia Vocational Rehabilitation Agency) State General Funds Federal Funds Not Itemized Sales and Services Not Itemized Total Public Funds: ($12,851,140) ($65,667,153) ($806,216) ($79,324,509) ($12,851,140) ($65,667,153) ($806,216) ($79,324,509) ($12,851,140) ($65,667,153) ($806,216) ($79,324,509) Workforce Solutions 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 $6,547,609 $6,547,609 $122,790,096 $122,790,096 $129,337,705 $6,547,609 $6,547,609 $122,790,096 $122,790,096 $129,337,705 $6,547,609 $6,547,609 $122,790,096 $122,790,096 $129,337,705 227.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $97,062 $97,062 $97,062 227.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $157,883 $157,883 $157,883 227.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,950 $5,950 $5,950 227.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($3,733) ($3,733) ($3,733) 227.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($3,245) ($3,245) ($3,245) 2616 JOURNAL OF THE SENATE 227.6 Increase funds for general liability premiums. State General Funds $8,894 $8,894 $8,894 227.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($12,082) ($12,082) ($12,082) 227.8 Transfer funds from the Georgia Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act of 1998. Federal Funds Not Itemized ($83,240,528) ($83,240,528) ($83,240,528) 227.98 Change the program name to Workforce Solutions.(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 227.100 -Workforce Solutions Appropriation (HB 742) 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 $6,798,338 $6,798,338 $6,798,338 State General Funds $6,798,338 $6,798,338 $6,798,338 TOTAL FEDERAL FUNDS $39,549,568 $39,549,568 $39,549,568 Federal Funds Not Itemized $39,549,568 $39,549,568 $39,549,568 TOTAL PUBLIC FUNDS $46,347,906 $46,347,906 $46,347,906 Section 32: Law, Department of 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 Agency to Agency Contracts Section Total - Continuation $17,756,917 $17,756,917 $17,756,917 $17,756,917 $3,597,990 $3,597,990 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $37,105,382 $37,105,382 $788,308 $788,308 $17,756,917 $17,756,917 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 WEDNESDAY, MARCH 21, 2012 2617 Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $34,350,000 $1,967,074 $58,732,340 $34,350,000 $1,967,074 $58,732,340 $34,350,000 $1,967,074 $58,732,340 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 Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS Section Total - Final $18,838,265 $18,838,265 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,813,688 $18,838,265 $18,838,265 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,813,688 $18,838,265 $18,838,265 $3,597,990 $3,597,990 $272,051 $272,051 $272,051 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $59,813,688 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 Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $16,657,075 $16,657,075 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 2618 JOURNAL OF THE SENATE Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $1,967,074 $54,032,397 $1,967,074 $54,032,397 $1,967,074 $54,032,397 228.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $265,146 $265,146 $265,146 228.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $399,290 $399,290 $399,290 228.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $30,071 $30,071 $30,071 228.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $414 $414 $414 228.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($8,051) ($8,051) ($8,051) 228.6 Increase funds for general liability premiums. State General Funds $54,678 $54,678 $54,678 228.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $5,770 $5,770 $5,770 228.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($12,068) ($12,068) ($12,068) 228.9 Increase funds for two time-limited attorney positions to handle the backlog of cases pertaining to Atlanta Public Schools. State General Funds $205,282 $205,282 $205,282 228.10 Increase funds for one position. State General Funds $105,000 $105,000 $105,000 228.100 -Law, Department of Appropriation (HB 742) 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. WEDNESDAY, MARCH 21, 2012 2619 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 Agency to Agency Contracts Legal Services - Client Reimbursable per OCGA45-15-4 Legal Services - Dept. of Administrative Services Cases TOTAL PUBLIC FUNDS $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,077,929 $17,702,607 $17,702,607 $269,940 $269,940 $269,940 $37,105,382 $37,105,382 $788,308 $34,350,000 $1,967,074 $55,077,929 Medicaid Fraud Control 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 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 $1,099,842 $1,099,842 $3,597,990 $3,597,990 $2,111 $2,111 $2,111 $4,699,943 229.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $5,358 $5,358 $5,358 229.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,870 $25,870 $25,870 229.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,948 $1,948 $1,948 2620 JOURNAL OF THE SENATE 229.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $27 $27 229.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($522) ($522) 229.6 Increase funds for general liability premiums. State General Funds $3,543 $3,543 229.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $374 $374 229.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($782) ($782) $27 ($522) $3,543 $374 ($782) 229.100 -Medicaid Fraud Control Unit Appropriation (HB 742) 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 $1,135,658 $1,135,658 $1,135,658 State General Funds $1,135,658 $1,135,658 $1,135,658 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 $4,735,759 $4,735,759 $4,735,759 Section 33: Natural Resources, Department of TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Federal Highway Admin.-Planning & Construction CFDA20.205 Section Total - Continuation $86,544,292 $86,544,292 $86,544,292 $86,544,292 $54,114,156 $54,114,156 $54,102,549 $54,102,549 $11,607 $11,607 $86,544,292 $86,544,292 $54,114,156 $54,102,549 $11,607 WEDNESDAY, MARCH 21, 2012 2621 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Reserved Fund Balances Reserved Fund Balances Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $248,534,846 Section Total - Final TOTAL STATE FUNDS $89,895,115 State General Funds $89,895,115 TOTAL FEDERAL FUNDS $54,114,156 Federal Funds Not Itemized $54,102,549 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 TOTAL AGENCY FUNDS $107,822,176 Contributions, Donations, and Forfeitures $964,534 Contributions, Donations, and Forfeitures Not Itemized $964,534 Reserved Fund Balances $115,313 Reserved Fund Balances Not Itemized $115,313 Intergovernmental Transfers $2,485,576 Intergovernmental Transfers Not Itemized $2,485,576 Rebates, Refunds, and Reimbursements $20,417 $91,905,099 $91,905,099 $54,114,156 $54,102,549 $11,607 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 $91,455,099 $91,455,099 $54,114,156 $54,102,549 $11,607 $107,822,176 $964,534 $964,534 $115,313 $115,313 $2,485,576 $2,485,576 $20,417 2622 JOURNAL OF THE SENATE Rebates, Refunds, and Reimbursements Not Itemized Royalties and Rents Royalties and Rents Not Itemized Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $251,885,669 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $253,895,653 $20,417 $46,703 $46,703 $104,189,633 $103,173,505 $1,016,128 $54,222 $54,222 $54,222 $253,445,653 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 Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 $29,328 $6,695,205 $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 $29,328 $6,695,205 $2,114,213 $2,114,213 $4,383,197 $4,383,197 $197,795 $168,467 $168,467 $29,328 $29,328 $6,695,205 230.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $29,979 $29,979 $29,979 230.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. WEDNESDAY, MARCH 21, 2012 2623 State General Funds $30,809 $30,809 $30,809 230.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $13,600 $13,600 $13,600 230.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,504) ($2,504) ($2,504) 230.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $2,582 $2,582 $2,582 230.6 Increase funds for general liability premiums. State General Funds $3,877 $3,877 $3,877 230.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,497) ($1,497) ($1,497) 230.8 Reduce funds for personnel to reflect projected expenditures. State General Funds ($68,194) ($68,194) ($68,194) 230.9 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($8,375) ($8,375) ($8,375) 230.100 -Coastal Resources Appropriation (HB 742) 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 $2,114,490 $2,114,490 $2,114,490 State General Funds $2,114,490 $2,114,490 $2,114,490 TOTAL FEDERAL FUNDS $4,383,197 $4,383,197 $4,383,197 Federal Funds Not Itemized $4,383,197 $4,383,197 $4,383,197 TOTAL AGENCY FUNDS $197,795 $197,795 $197,795 Contributions, Donations, and Forfeitures $168,467 $168,467 $168,467 2624 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Not Itemized Royalties and Rents Royalties and Rents Not Itemized TOTAL PUBLIC FUNDS $168,467 $29,328 $29,328 $6,695,482 $168,467 $29,328 $29,328 $6,695,482 $168,467 $29,328 $29,328 $6,695,482 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 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 $11,223,156 $11,223,156 $110,000 $110,000 $39,065 $39,065 $39,065 $11,372,221 231.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $159,531 $159,531 $159,531 231.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $163,948 $163,948 $163,948 231.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $72,365 $72,365 $72,365 231.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($13,327) ($13,327) ($13,327) 231.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $13,741 $13,741 $13,741 231.6 Increase funds for general liability premiums. State General Funds $20,632 $20,632 $20,632 WEDNESDAY, MARCH 21, 2012 2625 231.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $31,216 $31,216 $31,216 231.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($7,967) ($7,967) ($7,967) 231.9 Reduce funds for personnel and eliminate one filled position. State General Funds ($95,646) ($95,646) ($95,646) 231.10 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($8,375) ($8,375) ($8,375) 231.100-Departmental Administration Appropriation (HB 742) The purpose of this appropriation is to provide administrative support for all programs of the department. TOTAL STATE FUNDS $11,559,274 $11,559,274 $11,559,274 State General Funds $11,559,274 $11,559,274 $11,559,274 TOTAL FEDERAL FUNDS $110,000 $110,000 $110,000 Federal Funds Not Itemized $110,000 $110,000 $110,000 TOTAL AGENCY FUNDS $39,065 $39,065 $39,065 Sales and Services $39,065 $39,065 $39,065 Sales and Services Not Itemized $39,065 $39,065 $39,065 TOTAL PUBLIC FUNDS $11,708,339 $11,708,339 $11,708,339 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. 2626 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 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 $24,773,085 $24,773,085 $32,861,619 $32,861,619 $57,028,515 $250,000 $250,000 $56,778,515 $56,778,515 $114,663,219 232.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $351,273 $351,273 $351,273 232.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $360,998 $360,998 $360,998 232.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $159,362 $159,362 $159,362 232.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($29,345) ($29,345) ($29,345) 232.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $30,256 $30,256 $30,256 232.6 Increase funds for general liability premiums. State General Funds $45,429 $45,429 $45,429 232.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($17,543) ($17,543) ($17,543) 232.8 Reduce funds for personnel to reflect projected expenditures and eliminate five filled positions. State General Funds ($495,462) $104,538 ($495,462) 232.9 Increase funds for the Georgia Water Policy Center in southwest Georgia. State General Funds $150,000 WEDNESDAY, MARCH 21, 2012 2627 232.100 -Environmental Protection Appropriation (HB 742) 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 $25,178,053 $25,778,053 $25,328,053 State General Funds $25,178,053 $25,778,053 $25,328,053 TOTAL FEDERAL FUNDS $32,861,619 $32,861,619 $32,861,619 Federal Funds Not Itemized $32,861,619 $32,861,619 $32,861,619 TOTAL AGENCY FUNDS $57,028,515 $57,028,515 $57,028,515 Intergovernmental Transfers $250,000 $250,000 $250,000 Intergovernmental Transfers Not Itemized $250,000 $250,000 $250,000 Sales and Services $56,778,515 $56,778,515 $56,778,515 Sales and Services Not Itemized $56,778,515 $56,778,515 $56,778,515 TOTAL PUBLIC FUNDS $115,068,187 $115,668,187 $115,218,187 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 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 $2,999,880 233.1 Increase funds to pay local government reimbursements. State General Funds $397,543 $397,543 $397,543 2628 JOURNAL OF THE SENATE 233.100 -Hazardous Waste Trust Fund Appropriation (HB 742) 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 $3,397,423 $3,397,423 $3,397,423 State General Funds $3,397,423 $3,397,423 $3,397,423 TOTAL PUBLIC FUNDS $3,397,423 $3,397,423 $3,397,423 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 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 $1,385,471 $1,385,471 $1,020,787 $1,009,180 $11,607 $2,406,258 234.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $19,645 $19,645 $19,645 234.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $20,189 $20,189 $20,189 234.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $8,913 $8,913 $8,913 234.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,641) ($1,641) ($1,641) 234.5 Increase funds to reflect an adjustment in unemployment insurance premiums. WEDNESDAY, MARCH 21, 2012 2629 State General Funds $1,692 $1,692 234.6 Increase funds for general liability premiums. State General Funds $2,541 $2,541 234.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($981) ($981) 234.8 Reduce funds for personnel and eliminate three positions. (H:NO)(S:Reduce funds for personnel) State General Funds ($221,968) ($110,984) 234.9 Reduce funds for operations. State General Funds ($18,182) ($18,182) $1,692 $2,541 ($981) ($110,984) ($18,182) 234.100 -Historic Preservation Appropriation (HB 742) 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 $1,195,679 $1,306,663 $1,306,663 State General Funds $1,195,679 $1,306,663 $1,306,663 TOTAL FEDERAL FUNDS $1,020,787 $1,020,787 $1,020,787 Federal Funds Not Itemized $1,009,180 $1,009,180 $1,009,180 Federal Highway Admin.-Planning & Construction CFDA20.205 $11,607 $11,607 $11,607 TOTAL PUBLIC FUNDS $2,216,466 $2,327,450 $2,327,450 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 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 $13,287,352 $13,287,352 $1,704,029 $1,704,029 $41,480,954 2630 JOURNAL OF THE SENATE 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 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 $360,715 $360,715 $2,232,646 $2,232,646 $38,887,593 $38,887,593 $56,472,335 235.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $188,410 $188,410 $188,410 235.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $193,626 $193,626 $193,626 235.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $85,476 $85,476 $85,476 235.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($15,740) ($15,740) ($15,740) 235.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $16,228 $16,228 $16,228 235.6 Increase funds for general liability premiums. State General Funds $24,366 $24,366 $24,366 235.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($9,410) ($9,410) ($9,410) 235.8 Reduce funds for personnel to reflect projected expenditures and eliminate five filled positions. State General Funds ($325,644) ($325,644) ($325,644) 235.9 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($14,656) ($14,656) ($14,656) WEDNESDAY, MARCH 21, 2012 2631 235.10 Increase funds to initiate law enforcement career ladder within Parks, Recreation, and Historic Sites. State General Funds $266,310 $266,310 235.100-Parks, Recreation and Historic Sites Appropriation (HB 742) 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 $13,430,008 $13,696,318 $13,696,318 State General Funds $13,430,008 $13,696,318 $13,696,318 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 $41,480,954 $41,480,954 $41,480,954 Contributions, Donations, and Forfeitures $360,715 $360,715 $360,715 Contributions, Donations, and Forfeitures Not Itemized $360,715 $360,715 $360,715 Intergovernmental Transfers $2,232,646 $2,232,646 $2,232,646 Intergovernmental Transfers Not Itemized $2,232,646 $2,232,646 $2,232,646 Sales and Services $38,887,593 $38,887,593 $38,887,593 Sales and Services Not Itemized $38,887,593 $38,887,593 $38,887,593 TOTAL PUBLIC FUNDS $56,614,991 $56,881,301 $56,881,301 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 2632 JOURNAL OF THE SENATE 236.100 -Pollution Prevention Assistance Appropriation (HB 742) 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL PUBLIC FUNDS $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $115,313 $211,893 $96,580 $96,580 $115,313 $115,313 $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 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 $1,042,075 237.1 Increase funds for solid waste management. (S:Utilize at least $700,000 of total program budget for tire cleanup) State General Funds $881,404 $881,404 $881,404 237.100 -Solid Waste Trust Fund Appropriation (HB 742) 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 $1,923,479 $1,923,479 $1,923,479 State General Funds $1,923,479 $1,923,479 $1,923,479 TOTAL PUBLIC FUNDS $1,923,479 $1,923,479 $1,923,479 WEDNESDAY, MARCH 21, 2012 2633 Wildlife Resources Continuation Budget The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft; provide hunter and boating education; license hunters, anglers, and boaters; enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; oversee the acquisition of land and the management of land leases for recreational and conservation purposes; ensure land upon which the state holds an easement remains in the required condition; protect non-game and endangered wildlife; and operate the state's archery and shooting ranges. 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 Sales and Services Sales and Services Not Itemized Specialty License Plate Revenues TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 $29,694,060 $29,694,060 $13,937,944 $13,937,944 $8,960,534 $435,352 $435,352 $2,930 $2,930 $20,417 $20,417 $17,375 $17,375 $8,484,460 $7,468,332 $1,016,128 $54,222 $54,222 $54,222 $52,646,760 238.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $478,327 $478,327 $478,327 238.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $491,569 $491,569 $491,569 2634 JOURNAL OF THE SENATE 238.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $217,011 $217,011 $217,011 238.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($39,959) ($39,959) ($39,959) 238.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $41,199 $41,199 $41,199 238.6 Increase funds for general liability premiums. State General Funds $61,860 $61,860 $61,860 238.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($23,889) ($23,889) ($23,889) 238.8 Reduce funds for personnel to reflect projected expenditures and eliminate seven filled and five vacant positions. (S:Reduce funds for vacant positions) State General Funds ($532,015) ($333,015) ($333,015) 238.9 Reduce funds for operations by eliminating the state share of the Georgia Outdoors TV Program and replace with funds raised through private donations. State General Funds ($35,594) ($35,594) ($35,594) 238.10 Transfer funds and four positions from the Georgia Aviation Authority to the Department of Natural Resources. State General Funds $744,140 $744,140 $744,140 238.11 Increase funds to initiate law enforcement career ladder in the Wildlife Resources division. State General Funds $833,690 $833,690 238.99 SAC: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. House: 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. WEDNESDAY, MARCH 21, 2012 2635 Governor: The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. State General Funds $0 $0 $0 238.100 -Wildlife Resources Appropriation (HB 742) The purpose of this appropriation is to regulate hunting, fishing, and the operation of watercraft in Georgia; to provide hunter and boating education; to protect non-game and endangered wildlife; to enforce statewide hunting, fishing, trapping, boating safety, and coastal commercial fishing regulations; to operate the state's archery and shooting ranges; and to license hunters, anglers, and boaters. TOTAL STATE FUNDS $31,096,709 $32,129,399 $32,129,399 State General Funds $31,096,709 $32,129,399 $32,129,399 TOTAL FEDERAL FUNDS $13,937,944 $13,937,944 $13,937,944 Federal Funds Not Itemized $13,937,944 $13,937,944 $13,937,944 TOTAL AGENCY FUNDS $8,960,534 $8,960,534 $8,960,534 Contributions, Donations, and Forfeitures $435,352 $435,352 $435,352 Contributions, Donations, and Forfeitures Not Itemized $435,352 $435,352 $435,352 Intergovernmental Transfers $2,930 $2,930 $2,930 Intergovernmental Transfers Not Itemized $2,930 $2,930 $2,930 Rebates, Refunds, and Reimbursements $20,417 $20,417 $20,417 Rebates, Refunds, and Reimbursements Not Itemized $20,417 $20,417 $20,417 Royalties and Rents $17,375 $17,375 $17,375 Royalties and Rents Not Itemized $17,375 $17,375 $17,375 Sales and Services $8,484,460 $8,484,460 $8,484,460 Sales and Services Not Itemized $7,468,332 $7,468,332 $7,468,332 Specialty License Plate Revenues $1,016,128 $1,016,128 $1,016,128 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $54,222 $54,222 $54,222 State Funds Transfers $54,222 $54,222 $54,222 Agency to Agency Contracts $54,222 $54,222 $54,222 TOTAL PUBLIC FUNDS $54,049,409 $55,082,099 $55,082,099 2636 JOURNAL OF THE SENATE Georgia State Games Commission Continuation Budget The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS 239.1 Eliminate one-time funds for the Georgia State Games Commission. State General Funds $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 $25,000 ($25,000) ($25,000) ($25,000) Provided, that to the extent State Parks and Historic Sites receipts are realized in excess of the amount of such funds contemplated in this Act, the Office of Planning and Budget is authorized to use up to 50 percent of the excess receipts to supplant State funds and the balance may be amended into the budget of the Parks, Recreation and Historic Sites Division for the most critical needs of the Division. This provision shall not apply to revenues collected from a state park's parking pass implemented by the Department. The above appropriations reflect receipts from Jekyll Island Convention Center and Golf Course - $579,346 for 19 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 19 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 $51,867,417 $51,867,417 $51,867,417 $51,867,417 $806,050 $806,050 $806,050 $806,050 $52,673,467 $52,673,467 $51,867,417 $51,867,417 $806,050 $806,050 $52,673,467 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $54,281,771 $54,281,771 $806,050 $806,050 $55,087,821 $53,881,771 $53,881,771 $806,050 $806,050 $54,687,821 $53,881,771 $53,881,771 $806,050 $806,050 $54,687,821 WEDNESDAY, MARCH 21, 2012 2637 Board Administration The purpose of this appropriation is to provide administrative support for the agency. Continuation Budget TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 $4,986,734 240.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $45,753 $45,753 $45,753 240.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $66,126 $66,126 $66,126 240.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($21,939) ($21,939) ($21,939) 240.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($7,350) ($7,350) ($7,350) 240.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($12,047) ($12,047) ($12,047) 240.6 Increase funds for general liability premiums. State General Funds $69,477 $69,477 $69,477 240.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $7,908 $7,908 $7,908 240.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,768) ($2,768) ($2,768) 240.9 Transfer funds ($120,779) and one position to the Clemency Decisions program, and transfer funds ($58,221) and one position to the Parole Supervision program to align funding with the functional budget program. State General Funds ($179,000) ($179,000) ($179,000) 2638 JOURNAL OF THE SENATE 240.100 -Board Administration The purpose of this appropriation is to provide administrative support for the agency. TOTAL STATE FUNDS $4,952,894 State General Funds $4,952,894 TOTAL PUBLIC FUNDS $4,952,894 Appropriation (HB 742) $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 $4,952,894 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 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 $7,207,791 241.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $174,001 $174,001 $174,001 241.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $223,368 $223,368 $223,368 241.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($6,051) ($6,051) ($6,051) 241.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($31,439) ($31,439) ($31,439) 241.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($2,916) ($2,916) ($2,916) 241.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($11,323) ($11,323) ($11,323) 241.7 Transfer funds and 74 Investigator positions to the Clemency Decisions program to align funding with the functional budget program. WEDNESDAY, MARCH 21, 2012 2639 State General Funds $3,805,796 $3,805,796 $3,805,796 241.8 Transfer funds ($363,934) and four positions from the Parole Supervision program and transfer funds ($120,779) and one position from the Board Administration program to align funding with the functional budget program. State General Funds $484,713 $484,713 $484,713 241.9 Transfer funds and five positions to the Probation Supervision program of the Department of Corrections to implement a joint call service center. State General Funds ($233,610) ($233,610) ($233,610) 241.100 -Clemency Decisions Appropriation (HB 742) 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 $11,610,330 $11,610,330 $11,610,330 State General Funds $11,610,330 $11,610,330 $11,610,330 TOTAL PUBLIC FUNDS $11,610,330 $11,610,330 $11,610,330 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 $39,232,439 $39,232,439 $806,050 $806,050 $40,038,489 $39,232,439 $39,232,439 $806,050 $806,050 $40,038,489 $39,232,439 $39,232,439 $806,050 $806,050 $40,038,489 242.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $425,791 $425,791 $425,791 242.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $622,821 $622,821 $622,821 2640 JOURNAL OF THE SENATE 242.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($26,635) ($26,635) ($26,635) 242.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($90,320) ($90,320) ($90,320) 242.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($8,377) ($8,377) ($8,377) 242.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($35,477) ($35,477) ($35,477) 242.7 Increase funds for 20 additional parole officers to implement re-entry supervision for offenders who will serve their maximum sentence. State General Funds $1,400,000 $1,000,000 $1,000,000 242.8 Reduce funds for savings realized from the elimination of the state law enforcement certification ($800) and from rental savings from parole office consolidation ($7,800). State General Funds ($8,600) ($8,600) ($8,600) 242.9 Reduce funds for contracts. State General Funds ($4,290) ($4,290) ($4,290) 242.10 Reduce funds for parolee jail subsidy payments to reflect projected expenditures. State General Funds ($77,637) ($77,637) ($77,637) 242.11 Reduce funds by relocating a parole office to state-owned space. State General Funds ($50,642) ($50,642) ($50,642) 242.12 Transfer funds and 74 Investigator positions to the Clemency Decisions program to align funding with the functional budget program. State General Funds ($3,805,796) ($3,805,796) ($3,805,796) 242.13 Transfer funds and four positions to the Clemency Decisions program to align funding with the functional budget program. State General Funds ($363,934) ($363,934) ($363,934) 242.14 Transfer funds and one position from the Board Administration program to align funding with the functional budget program. State General Funds $58,221 $58,221 $58,221 WEDNESDAY, MARCH 21, 2012 2641 242.100 -Parole Supervision Appropriation (HB 742) 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 $37,267,564 $36,867,564 $36,867,564 State General Funds $37,267,564 $36,867,564 $36,867,564 TOTAL FEDERAL FUNDS $806,050 $806,050 $806,050 Federal Funds Not Itemized $806,050 $806,050 $806,050 TOTAL PUBLIC FUNDS $38,073,614 $37,673,614 $37,673,614 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 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 $440,453 243.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $5,203 $5,203 $5,203 243.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $7,388 $7,388 $7,388 243.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($613) ($613) ($613) 243.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($973) ($973) ($973) 243.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($103) ($103) ($103) 243.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($372) ($372) ($372) 2642 JOURNAL OF THE SENATE 243.100-Victim Services Appropriation (HB 742) 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 $450,983 $450,983 $450,983 State General Funds $450,983 $450,983 $450,983 TOTAL PUBLIC FUNDS $450,983 $450,983 $450,983 Section 35: Properties Commission, State Section Total - Continuation TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 Section Total - Final TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 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. WEDNESDAY, MARCH 21, 2012 2643 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 Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $0 $0 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 244.100-Properties Commission, State Appropriation (HB 742) 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 AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Rental Payments for GBA Facilities TOTAL PUBLIC FUNDS $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 $114,967 $114,967 $114,967 $727,045 $727,045 $727,045 $842,012 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 $0 245.1 Reduce funds for payment to the State Treasury by $1,260,137 from $3,256,871 to $1,996,734 to reflect increased costs associated with statewide adjustments. (Total Funds: $1,996,734)(G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 2644 JOURNAL OF THE SENATE Section 36: Public Defender Standards Council, Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $38,679,115 $38,679,115 $38,679,115 $38,679,115 $340,000 $340,000 $340,000 $340,000 $340,000 $340,000 $39,019,115 $39,019,115 $38,679,115 $38,679,115 $340,000 $340,000 $340,000 $39,019,115 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Interest and Investment Income Interest and Investment Income Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $40,347,521 $40,347,521 $340,000 $340,000 $340,000 $40,687,521 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824 $40,400,824 $40,400,824 $340,000 $340,000 $340,000 $40,740,824 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 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 $5,924,096 $5,924,096 $340,000 $340,000 $340,000 $6,264,096 246.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $70,825 $70,825 $70,825 246.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $102,481 $102,481 $102,481 WEDNESDAY, MARCH 21, 2012 2645 246.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,545 $9,545 246.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $11,866 $11,866 246.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($42) ($42) 246.6 Increase funds for general liability premiums. State General Funds $2,123 $2,123 246.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $434 $434 246.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($7,036) ($7,036) 246.9 Reduce funds for personnel due to attrition. State General Funds ($98,707) ($98,707) 246.10 Reduce funds for operations. State General Funds ($10,089) ($10,089) $9,545 $11,866 ($42) $2,123 $434 ($7,036) ($98,707) ($10,089) 246.100 -Public Defender Standards Council Appropriation (HB 742) 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 $6,005,496 $6,005,496 $6,005,496 State General Funds $6,005,496 $6,005,496 $6,005,496 TOTAL AGENCY FUNDS $340,000 $340,000 $340,000 Interest and Investment Income $340,000 $340,000 $340,000 Interest and Investment Income Not Itemized $340,000 $340,000 $340,000 TOTAL PUBLIC FUNDS $6,345,496 $6,345,496 $6,345,496 2646 JOURNAL OF THE SENATE 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 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 $32,755,019 247.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $399,031 $399,031 $399,031 247.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $580,727 $580,727 $580,727 247.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $5,140 $5,140 $5,140 247.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $67,238 $67,238 $67,238 247.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($238) ($238) ($238) 247.6 Increase funds for general liability premiums. State General Funds $12,032 $12,032 $12,032 247.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $2,457 $2,457 $2,457 247.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($39,873) ($39,873) ($39,873) 247.9 Reduce funds to the opt-out circuits to match the agency-wide reduction. State General Funds ($4,578) ($4,578) ($4,578) WEDNESDAY, MARCH 21, 2012 2647 247.10 Increase funds for additional expenses associated with conflict cases. State General Funds $565,070 $565,070 $565,070 247.11 Increase funds for two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. (S:Increase funds for two additional Assistant Public Defender positions in the Middle and Bell-Forsyth Circuits, effective January 1, 2013) State General Funds $53,303 $53,303 247.100 -Public Defenders Appropriation (HB 742) The purpose of this appropriation is to assure that adequate and effective legal representation is provided, independently of political considerations or private interests, to indigent persons who are entitled to representation under this chapter; provided that staffing for circuits are based on O.C.G.A. 17-12. TOTAL STATE FUNDS $34,342,025 $34,395,328 $34,395,328 State General Funds $34,342,025 $34,395,328 $34,395,328 TOTAL PUBLIC FUNDS $34,342,025 $34,395,328 $34,395,328 Section 37: Public Health, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Section Total - Continuation $205,573,503 $205,573,503 $191,626,675 $191,626,675 $12,013,120 $12,013,120 $1,933,708 $1,933,708 $471,051,140 $471,051,140 $429,487,823 $429,487,823 $19,893,965 $19,893,965 $2,912,917 $2,912,917 $2,026,075 $2,026,075 $16,730,360 $16,730,360 $16,730,360 $16,730,360 $1,203,500 $1,203,500 $459,137 $459,137 $459,137 $459,137 $744,363 $744,363 $205,573,503 $191,626,675 $12,013,120 $1,933,708 $471,051,140 $429,487,823 $19,893,965 $2,912,917 $2,026,075 $16,730,360 $16,730,360 $1,203,500 $459,137 $459,137 $744,363 2648 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $677,916,432 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds Brain & Spinal Injury Trust Fund TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Medical Assistance Program CFDA93.778 Preventive Health & Health Services Block Grant CFDA93.991 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS Section Total - Final $213,006,451 $198,596,751 $12,013,120 $2,396,580 $464,862,810 $429,487,823 $20,031,465 $2,912,917 $2,026,075 $10,404,530 $10,404,530 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $679,161,050 $217,748,770 $203,339,070 $12,013,120 $2,396,580 $464,862,810 $429,487,823 $20,031,465 $2,912,917 $2,026,075 $10,404,530 $10,404,530 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $683,903,369 $218,648,770 $204,239,070 $12,013,120 $2,396,580 $464,862,810 $429,487,823 $20,031,465 $2,912,917 $2,026,075 $10,404,530 $10,404,530 $1,203,500 $459,137 $459,137 $744,363 $744,363 $88,289 $17,600 $17,600 $70,689 $70,689 $684,803,369 WEDNESDAY, MARCH 21, 2012 2649 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 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 $40,643,553 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 $40,643,553 $8,975,356 $3,822,917 $5,152,439 $31,333,197 $17,173,639 $187,504 $41,694 $13,930,360 $13,930,360 $335,000 $335,000 $335,000 $40,643,553 248.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $16,610 $16,610 $16,610 248.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $28,759 $28,759 $28,759 248.3 Reduce grant-in-aid funds for family planning special projects. State General Funds ($80,000) ($80,000) ($80,000) 248.4 Reduce funds for personnel. State General Funds ($107,047) ($107,047) ($107,047) 248.5 Reduce funds to reflect the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($3,525,830) ($3,525,830) ($3,525,830) 248.6 Replace federal TANF funds for a youth development coordinator position. State General Funds $69,985 $69,985 2650 JOURNAL OF THE SENATE 248.100 -Adolescent and Adult Health Promotion Appropriation (HB 742) 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 $8,833,678 $8,903,663 $8,903,663 State General Funds $3,681,239 $3,751,224 $3,751,224 Tobacco Settlement Funds $5,152,439 $5,152,439 $5,152,439 TOTAL FEDERAL FUNDS $27,807,367 $27,807,367 $27,807,367 Federal Funds Not Itemized $17,173,639 $17,173,639 $17,173,639 Maternal & Child Health Services Block Grant CFDA93.994 $187,504 $187,504 $187,504 Preventive Health & Health Services Block Grant CFDA93.991 $41,694 $41,694 $41,694 Temporary Assistance for Needy Families $10,404,530 $10,404,530 $10,404,530 Temporary Assistance for Needy Families Grant CFDA93.558 $10,404,530 $10,404,530 $10,404,530 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 $36,976,045 $37,046,030 $37,046,030 Adult Essential Health Treatment Services Continuation Budget The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS 249.1 Reduce funds for personnel. State General Funds $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 $7,231,809 $618,560 $6,613,249 $225,197 $225,197 $7,457,006 ($6,823) ($6,823) ($6,823) 249.100 -Adult Essential Health Treatment Services Appropriation (HB 742) The purpose of this appropriation is to provide treatment and services to low income Georgians with cancer, and Georgians at risk of stroke or heart attacks. WEDNESDAY, MARCH 21, 2012 2651 TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $7,224,986 $611,737 $6,613,249 $225,197 $225,197 $7,450,183 $7,224,986 $611,737 $6,613,249 $225,197 $225,197 $7,450,183 $7,224,986 $611,737 $6,613,249 $225,197 $225,197 $7,450,183 Departmental Administration Continuation Budget The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Medical Assistance Program CFDA93.778 TOTAL PUBLIC FUNDS $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 $19,813,683 $19,681,888 $131,795 $7,082,398 $5,275,140 $1,807,258 $26,896,081 250.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $218,736 $218,736 $218,736 250.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $366,058 $366,058 $366,058 250.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($396,593) ($396,593) ($396,593) 250.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($75,112) ($75,112) ($75,112) 250.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $29,237 $29,237 $29,237 250.6 Increase funds for general liability premiums. State General Funds $210,321 $210,321 $210,321 2652 JOURNAL OF THE SENATE 250.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $15,943 $15,943 250.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($39,475) ($39,475) 250.9 Increase funds for leased space to replace the Macon district public health office being sold in FY2012. State General Funds $349,917 $349,917 $15,943 ($39,475) $349,917 250.100-Departmental Administration Appropriation (HB 742) The purpose of this appropriation is to provide administrative support to all departmental programs. TOTAL STATE FUNDS $20,492,715 $20,492,715 $20,492,715 State General Funds $20,360,920 $20,360,920 $20,360,920 Tobacco Settlement Funds $131,795 $131,795 $131,795 TOTAL FEDERAL FUNDS $7,082,398 $7,082,398 $7,082,398 Federal Funds Not Itemized $5,275,140 $5,275,140 $5,275,140 Medical Assistance Program CFDA93.778 $1,807,258 $1,807,258 $1,807,258 TOTAL PUBLIC FUNDS $27,575,113 $27,575,113 $27,575,113 Emergency Preparedness / Trauma System Improvement Continuation Budget The purpose of this appropriation is to prepare for natural disasters, bioterrorism, and other emergencies as well as improving the capacity of the state's trauma system. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 $2,399,599 $2,399,599 $41,063,009 $39,943,575 $280,000 $839,434 $100,976 $100,976 $100,976 $43,563,584 WEDNESDAY, MARCH 21, 2012 2653 251.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $32,505 $32,505 $32,505 251.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $51,835 $51,835 $51,835 251.3 Reduce funds for personnel. State General Funds ($80,000) ($80,000) ($80,000) 251.4 Increase one-time funds to evaluate a real-time interactive web-based quality assessment and assurance system utilizing American Association of Neurological Surgeons (AANS) approved evidence based medicine (EBM) Traumatic Brain Injury (TBI) pediatric and adult guidelines. State General Funds $400,000 251.100-Emergency Preparedness / Trauma System Improvement Appropriation (HB 742) 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 $2,403,939 $2,403,939 $2,803,939 State General Funds $2,403,939 $2,403,939 $2,803,939 TOTAL FEDERAL FUNDS $41,063,009 $41,063,009 $41,063,009 Federal Funds Not Itemized $39,943,575 $39,943,575 $39,943,575 Maternal & Child Health Services Block Grant CFDA93.994 $280,000 $280,000 $280,000 Preventive Health & Health Services Block Grant CFDA93.991 $839,434 $839,434 $839,434 TOTAL AGENCY FUNDS $100,976 $100,976 $100,976 Sales and Services $100,976 $100,976 $100,976 Sales and Services Not Itemized $100,976 $100,976 $100,976 TOTAL PUBLIC FUNDS $43,567,924 $43,567,924 $43,967,924 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 $3,863,497 $3,747,860 $115,637 $3,863,497 $3,747,860 $115,637 $3,863,497 $3,747,860 $115,637 2654 JOURNAL OF THE SENATE TOTAL FEDERAL FUNDS Federal Funds Not Itemized Preventive Health & Health Services Block Grant CFDA93.991 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 $4,961,516 $4,764,766 $196,750 $25,156 $25,156 $25,156 $17,600 $17,600 $17,600 $8,867,769 252.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $17,776 $17,776 $17,776 252.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $25,384 $25,384 $25,384 252.3 Reduce funds for personnel. State General Funds ($91,844) ($91,844) ($91,844) 252.4 Increase funds for tuberculosis detection, prevention, and treatment. State General Funds $500,000 252.100 -Epidemiology Appropriation (HB 742) The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. TOTAL STATE FUNDS $3,814,813 $3,814,813 $4,314,813 State General Funds $3,699,176 $3,699,176 $4,199,176 Tobacco Settlement Funds $115,637 $115,637 $115,637 TOTAL FEDERAL FUNDS $4,961,516 $4,961,516 $4,961,516 Federal Funds Not Itemized $4,764,766 $4,764,766 $4,764,766 Preventive Health & Health Services Block Grant CFDA93.991 $196,750 $196,750 $196,750 TOTAL AGENCY FUNDS $25,156 $25,156 $25,156 Sales and Services $25,156 $25,156 $25,156 Sales and Services Not Itemized $25,156 $25,156 $25,156 WEDNESDAY, MARCH 21, 2012 2655 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $17,600 $17,600 $17,600 $8,819,085 $17,600 $17,600 $17,600 $8,819,085 $17,600 $17,600 $17,600 $9,319,085 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 Preventive Health & Health Services Block Grant CFDA93.991 TOTAL PUBLIC FUNDS $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 $2,684,539 $2,684,539 $7,549,716 $7,049,716 $500,000 $10,234,255 253.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $4,147 $4,147 $4,147 253.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,265 $3,265 $3,265 253.3 Reduce funds for operations. State General Funds ($186,826) ($186,826) ($186,826) 253.100 -Immunization Appropriation (HB 742) The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines and technical assistance. TOTAL STATE FUNDS $2,505,125 $2,505,125 $2,505,125 State General Funds $2,505,125 $2,505,125 $2,505,125 TOTAL FEDERAL FUNDS $7,549,716 $7,549,716 $7,549,716 Federal Funds Not Itemized $7,049,716 $7,049,716 $7,049,716 Preventive Health & Health Services Block Grant CFDA93.991 $500,000 $500,000 $500,000 TOTAL PUBLIC FUNDS $10,054,841 $10,054,841 $10,054,841 2656 JOURNAL OF THE SENATE 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 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 $22,361,045 $22,361,045 $26,421,957 $17,903,475 $8,518,482 $75,000 $75,000 $75,000 $48,858,002 254.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $25,126 $25,126 $25,126 254.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $40,719 $40,719 $40,719 254.3 Reduce funds for personnel. State General Funds ($9,619) ($9,619) ($9,619) 254.4 Reduce funds for contracts. State General Funds Maternal & Child Health Services Block Grant CFDA93.994 Total Public Funds: ($337,500) $137,500 ($200,000) ($337,500) $137,500 ($200,000) ($337,500) $137,500 ($200,000) 254.100-Infant and Child Essential Health Treatment Services Appropriation (HB 742) 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 $22,079,771 $22,079,771 $22,079,771 State General Funds $22,079,771 $22,079,771 $22,079,771 TOTAL FEDERAL FUNDS $26,559,457 $26,559,457 $26,559,457 WEDNESDAY, MARCH 21, 2012 2657 Federal Funds Not Itemized Maternal & Child Health Services Block Grant CFDA93.994 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $17,903,475 $8,655,982 $75,000 $75,000 $75,000 $48,714,228 $17,903,475 $8,655,982 $75,000 $75,000 $75,000 $48,714,228 $17,903,475 $8,655,982 $75,000 $75,000 $75,000 $48,714,228 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 Temporary Assistance for Needy Families Temporary Assistance for Needy Families Grant CFDA93.558 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS Federal Funds Transfers FF National School Lunch Program CFDA10.555 TOTAL PUBLIC FUNDS $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 $10,124,282 $10,124,282 $289,549,107 $276,006,719 $10,623,280 $119,108 $2,800,000 $2,800,000 $49,137 $49,137 $49,137 $70,689 $70,689 $70,689 $299,793,215 255.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $29,750 $29,750 $29,750 255.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $49,676 $49,676 $49,676 255.3 Reduce grant-in-aid funds for nurse case management. State General Funds ($200,000) ($200,000) ($200,000) 2658 JOURNAL OF THE SENATE 255.4 Reduce funds to reflect the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. Temporary Assistance for Needy Families Grant CFDA93.558 ($2,800,000) ($2,800,000) ($2,800,000) 255.5 Increase funds to maintain screening and home visit services for low birth weight newborns, newborns at risk of developmental delays, and cases of abuse and neglect in the Children 1st program due to the loss of the federal Temporary Assistance for Needy Families (TANF) Supplemental grant. State General Funds $2,200,000 $2,200,000 255.100-Infant and Child Health Promotion Appropriation (HB 742) The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. TOTAL STATE FUNDS $10,003,708 $12,203,708 $12,203,708 State General Funds $10,003,708 $12,203,708 $12,203,708 TOTAL FEDERAL FUNDS $286,749,107 $286,749,107 $286,749,107 Federal Funds Not Itemized $276,006,719 $276,006,719 $276,006,719 Maternal & Child Health Services Block Grant CFDA93.994 $10,623,280 $10,623,280 $10,623,280 Medical Assistance Program CFDA93.778 $119,108 $119,108 $119,108 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 $70,689 $70,689 $70,689 Federal Funds Transfers $70,689 $70,689 $70,689 FF National School Lunch Program CFDA10.555 $70,689 $70,689 $70,689 TOTAL PUBLIC FUNDS $296,872,641 $299,072,641 $299,072,641 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 TOTAL PUBLIC FUNDS $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 $29,857,724 $29,857,724 $60,377,072 $60,292,583 $84,489 $90,234,796 WEDNESDAY, MARCH 21, 2012 2659 256.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $105,780 $105,780 $105,780 256.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $184,253 $184,253 $184,253 256.3 Reduce funds for personnel. State General Funds ($70,000) ($70,000) ($70,000) 256.4 Increase funds to continue routine HIV and syphilis testing. State General Funds $421,736 $421,736 $421,736 256.100 -Infectious Disease Control Appropriation (HB 742) 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 $30,499,493 $30,499,493 $30,499,493 State General Funds $30,499,493 $30,499,493 $30,499,493 TOTAL FEDERAL FUNDS $60,377,072 $60,377,072 $60,377,072 Federal Funds Not Itemized $60,292,583 $60,292,583 $60,292,583 Maternal & Child Health Services Block Grant CFDA93.994 $84,489 $84,489 $84,489 TOTAL PUBLIC FUNDS $90,876,565 $90,876,565 $90,876,565 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 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 $3,481,608 $3,481,608 $970,740 $547,530 $200,210 $223,000 $618,231 $618,231 2660 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $618,231 $5,070,579 $618,231 $5,070,579 $618,231 $5,070,579 257.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $31,691 $31,691 $31,691 257.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $58,318 $58,318 $58,318 257.100-Inspections and Environmental Hazard Control Appropriation (HB 742) 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 $3,571,617 $3,571,617 $3,571,617 State General Funds $3,571,617 $3,571,617 $3,571,617 TOTAL FEDERAL FUNDS $970,740 $970,740 $970,740 Federal Funds Not Itemized $547,530 $547,530 $547,530 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 $618,231 $618,231 $618,231 Sales and Services $618,231 $618,231 $618,231 Sales and Services Not Itemized $618,231 $618,231 $618,231 TOTAL PUBLIC FUNDS $5,160,588 $5,160,588 $5,160,588 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 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 $71,650,778 $71,650,778 $986,551 $986,551 $72,637,329 258.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,931,957 $2,931,957 $2,931,957 WEDNESDAY, MARCH 21, 2012 2661 258.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,024,515 $5,024,515 $5,024,515 258.3 Increase funds for the first and second year phase-in of the new grant-in-aid formula to hold harmless all counties. State General Funds $2,517,334 $2,517,334 258.100 -Public Health Formula Grants to Counties Appropriation (HB 742) 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 $79,607,250 $82,124,584 $82,124,584 State General Funds $79,607,250 $82,124,584 $82,124,584 TOTAL FEDERAL FUNDS $986,551 $986,551 $986,551 Medical Assistance Program CFDA93.778 $986,551 $986,551 $986,551 TOTAL PUBLIC FUNDS $80,593,801 $83,111,135 $83,111,135 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 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 $3,538,979 $3,538,979 $530,680 $530,680 $4,069,659 259.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $34,961 $34,961 $34,961 259.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $61,622 $61,622 $61,622 259.3 Reduce funds for operations. State General Funds ($45,000) ($45,000) 2662 JOURNAL OF THE SENATE 259.100 -Vital Records Appropriation (HB 742) 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 $3,635,562 $3,635,562 $530,680 $530,680 $4,166,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 $3,590,562 $3,590,562 $530,680 $530,680 $4,121,242 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 & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $1,933,708 $0 $1,933,708 $1,933,708 $1,933,708 $0 $1,933,708 $1,933,708 $1,933,708 $0 $1,933,708 $1,933,708 260.1 Reduce funds to reflect FY2011 collections. Brain & Spinal Injury Trust Fund ($37,128) 260.2 Increase funds for additional awards to Georgia residents with brain and spinal injuries. Brain & Spinal Injury Trust Fund $500,000 ($37,128) $500,000 ($37,128) $500,000 260.100 -Brain and Spinal Injury Trust Fund Appropriation (HB 742) 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 Brain & Spinal Injury Trust Fund TOTAL PUBLIC FUNDS $2,396,580 $2,396,580 $2,396,580 $2,396,580 $2,396,580 $2,396,580 $2,396,580 $2,396,580 $2,396,580 WEDNESDAY, MARCH 21, 2012 2663 Georgia Trauma Care Network Commission Continuation Budget 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 State General Funds TOTAL PUBLIC FUNDS $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 $17,656,896 261.1 Reduce funds to reflect revised revenue projections for Super Speeder and license reinstatement fees. State General Funds ($1,719,682) ($1,719,682) ($1,719,682) 261.100-Georgia Trauma Care Network Commission Appropriation (HB 742) 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 $15,937,214 $15,937,214 $15,937,214 State General Funds $15,937,214 $15,937,214 $15,937,214 TOTAL PUBLIC FUNDS $15,937,214 $15,937,214 $15,937,214 Section 38: Public Safety, Department of 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 Sales and Services Sales and Services Not Itemized Section Total - Continuation $112,065,614 $112,065,614 $112,065,614 $112,065,614 $38,498,171 $38,498,171 $38,498,171 $38,498,171 $22,209,331 $22,209,331 $4,871 $4,871 $4,871 $4,871 $11,897,999 $11,897,999 $11,897,999 $11,897,999 $234,757 $234,757 $234,757 $234,757 $9,419,304 $9,419,304 $9,419,304 $9,419,304 $112,065,614 $112,065,614 $38,498,171 $38,498,171 $22,209,331 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,419,304 $9,419,304 2664 JOURNAL OF THE SENATE Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $173,906,866 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 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $118,620,708 $118,620,708 $38,498,171 $38,498,171 $22,317,705 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,527,678 $9,527,678 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $180,570,334 $119,361,684 $119,361,684 $38,498,171 $38,498,171 $22,317,705 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,527,678 $9,527,678 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $181,311,310 $119,512,578 $119,512,578 $38,498,171 $38,498,171 $22,317,705 $4,871 $4,871 $11,897,999 $11,897,999 $234,757 $234,757 $9,527,678 $9,527,678 $652,400 $652,400 $1,133,750 $1,133,750 $1,133,750 $181,462,204 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. WEDNESDAY, MARCH 21, 2012 2665 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 $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 $1,563,231 $1,563,231 $200,000 $200,000 $174,000 $174,000 $174,000 $1,937,231 262.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $22,682 $22,682 $22,682 262.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $45,618 $45,618 $45,618 262.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($8,980) ($8,980) ($8,980) 262.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($153) ($153) ($153) 262.5 Increase funds for general liability premiums. State General Funds $6,835 $6,835 $6,835 262.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,860) ($2,860) ($2,860) 262.7 Increase funds to reflect an Executive Order to transfer nine months funding and six positions from the Georgia Aviation Authority. State General Funds $958,755 $958,755 $958,755 262.8 Transfer funds from the Georgia Aviation Authority to the Department of Public Safety. State General Funds $529,750 $529,750 $529,750 2666 JOURNAL OF THE SENATE 262.100 -Aviation Appropriation (HB 742) 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 $3,114,878 $3,114,878 $3,114,878 State General Funds $3,114,878 $3,114,878 $3,114,878 TOTAL FEDERAL FUNDS $200,000 $200,000 $200,000 Federal Funds Not Itemized $200,000 $200,000 $200,000 TOTAL AGENCY FUNDS $174,000 $174,000 $174,000 Sales and Services $174,000 $174,000 $174,000 Sales and Services Not Itemized $174,000 $174,000 $174,000 TOTAL PUBLIC FUNDS $3,488,878 $3,488,878 $3,488,878 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 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $0 $0 $6,897,999 $6,897,999 $6,897,999 $6,897,999 263.100 -Capitol Police Services Appropriation (HB 742) 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 $6,897,999 WEDNESDAY, MARCH 21, 2012 2667 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 $7,994,926 $7,994,926 $141,571 $141,571 $110,010 $6,500 $6,500 $103,510 $103,510 $8,246,507 264.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $91,796 $91,796 $91,796 264.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $160,936 $160,936 $160,936 264.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($31,681) ($31,681) ($31,681) 264.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($541) ($541) ($541) 264.5 Increase funds for general liability premiums. State General Funds $24,113 $24,113 $24,113 264.6 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $19,556 $19,556 $19,556 264.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($10,091) ($10,091) ($10,091) 2668 JOURNAL OF THE SENATE 264.100-Departmental Administration Appropriation (HB 742) 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 $8,249,014 $8,249,014 $8,249,014 State General Funds $8,249,014 $8,249,014 $8,249,014 TOTAL FEDERAL FUNDS $141,571 $141,571 $141,571 Federal Funds Not Itemized $141,571 $141,571 $141,571 TOTAL AGENCY FUNDS $110,010 $110,010 $110,010 Rebates, Refunds, and Reimbursements $6,500 $6,500 $6,500 Rebates, Refunds, and Reimbursements Not Itemized $6,500 $6,500 $6,500 Sales and Services $103,510 $103,510 $103,510 Sales and Services Not Itemized $103,510 $103,510 $103,510 TOTAL PUBLIC FUNDS $8,500,595 $8,500,595 $8,500,595 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 $1,541,035 $1,541,035 $54,000 $54,000 $54,000 $1,595,035 265.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $23,458 $23,458 $23,458 265.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $42,839 $42,839 $42,839 265.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($8,433) ($8,433) ($8,433) WEDNESDAY, MARCH 21, 2012 2669 265.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($144) ($144) 265.5 Increase funds for general liability premiums. State General Funds $6,419 $6,419 265.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,686) ($2,686) ($144) $6,419 ($2,686) 265.100 -Executive Security Services Appropriation (HB 742) 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 $1,602,488 $1,602,488 $1,602,488 State General Funds $1,602,488 $1,602,488 $1,602,488 TOTAL AGENCY FUNDS $54,000 $54,000 $54,000 Sales and Services $54,000 $54,000 $54,000 Sales and Services Not Itemized $54,000 $54,000 $54,000 TOTAL PUBLIC FUNDS $1,656,488 $1,656,488 $1,656,488 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 $73,577,438 $73,577,438 $12,592,428 $12,592,428 $6,372,400 $5,000,000 $5,000,000 2670 JOURNAL OF THE SENATE 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 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 $170,000 $170,000 $550,000 $550,000 $652,400 $652,400 $92,542,266 266.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $936,739 $936,739 $936,739 266.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,715,421 $1,715,421 $1,715,421 266.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $605,789 $605,789 $605,789 266.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($337,682) ($337,682) ($337,682) 266.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($5,773) ($5,773) ($5,773) 266.6 Increase funds for general liability premiums. State General Funds $257,023 $257,023 $257,023 266.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($107,558) ($107,558) ($107,558) 266.8 Increase funds for the increased fuel costs for Trooper patrol vehicles. State General Funds $700,000 $900,000 $900,000 266.9 Reserve FY2013 trooper attrition funds for equipment and personnel for graduates of the FY2012 trooper schools. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 WEDNESDAY, MARCH 21, 2012 2671 266.100-Field Offices and Services Appropriation (HB 742) 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 $77,341,397 $77,541,397 $77,541,397 State General Funds $77,341,397 $77,541,397 $77,541,397 TOTAL FEDERAL FUNDS $12,592,428 $12,592,428 $12,592,428 Federal Funds Not Itemized $12,592,428 $12,592,428 $12,592,428 TOTAL AGENCY FUNDS $6,372,400 $6,372,400 $6,372,400 Intergovernmental Transfers $5,000,000 $5,000,000 $5,000,000 Intergovernmental Transfers Not Itemized $5,000,000 $5,000,000 $5,000,000 Rebates, Refunds, and Reimbursements $170,000 $170,000 $170,000 Rebates, Refunds, and Reimbursements Not Itemized $170,000 $170,000 $170,000 Sales and Services $550,000 $550,000 $550,000 Sales and Services Not Itemized $550,000 $550,000 $550,000 Sanctions, Fines, and Penalties $652,400 $652,400 $652,400 Sanctions, Fines, and Penalties Not Itemized $652,400 $652,400 $652,400 TOTAL PUBLIC FUNDS $96,306,225 $96,506,225 $96,506,225 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services $9,621,843 $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 $9,621,843 $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 $9,621,843 $9,621,843 $6,699,743 $6,699,743 $6,510,227 $58,257 $58,257 $6,451,970 2672 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,451,970 $22,831,813 $6,451,970 $22,831,813 $6,451,970 $22,831,813 267.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $124,091 $124,091 $124,091 267.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $232,721 $232,721 $232,721 267.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($45,811) ($45,811) ($45,811) 267.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($783) ($783) ($783) 267.5 Increase funds for general liability premiums. State General Funds $34,869 $34,869 $34,869 267.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($14,592) ($14,592) ($14,592) 267.7 Transfer funds for three positions and transportation regulatory functions from the Public Service Commission to the Department of Public Safety. State General Funds Sales and Services Not Itemized Total Public Funds: $207,875 $70,160 $278,035 $172,795 $70,160 $242,955 $172,795 $70,160 $242,955 267.99 SAC: The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. House: The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. WEDNESDAY, MARCH 21, 2012 2673 Governor: The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. State General Funds $0 $0 $0 267.100-Motor Carrier Compliance Appropriation (HB 742) The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. TOTAL STATE FUNDS $10,160,213 $10,125,133 $10,125,133 State General Funds $10,160,213 $10,125,133 $10,125,133 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 $6,580,387 $6,580,387 $6,580,387 Rebates, Refunds, and Reimbursements $58,257 $58,257 $58,257 Rebates, Refunds, and Reimbursements Not Itemized $58,257 $58,257 $58,257 Sales and Services $6,522,130 $6,522,130 $6,522,130 Sales and Services Not Itemized $6,522,130 $6,522,130 $6,522,130 TOTAL PUBLIC FUNDS $23,440,343 $23,405,263 $23,405,263 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 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 $3,149,216 268.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $50,673 $50,673 $50,673 2674 JOURNAL OF THE SENATE 268.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $84,521 $84,521 268.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($16,638) ($16,638) 268.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($284) ($284) 268.5 Increase funds for general liability premiums. State General Funds $12,664 $12,664 268.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,299) ($5,299) $84,521 ($16,638) ($284) $12,664 ($5,299) 268.100 -Specialized Collision Reconstruction Team Appropriation (HB 742) 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 $3,274,853 $3,274,853 $3,274,853 State General Funds $3,274,853 $3,274,853 $3,274,853 TOTAL PUBLIC FUNDS $3,274,853 $3,274,853 $3,274,853 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. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 $1,459,734 269.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $19,499 $19,499 $19,499 WEDNESDAY, MARCH 21, 2012 2675 269.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $33,577 $33,577 269.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($6,610) ($6,610) 269.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($113) ($113) 269.5 Increase funds for general liability premiums. State General Funds $5,031 $5,031 269.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,105) ($2,105) 269.7 Reduce funds for operations based on projected expenditures. State General Funds ($7,000) ($7,000) $33,577 ($6,610) ($113) $5,031 ($2,105) ($7,000) 269.100 -Troop J Specialty Units Appropriation (HB 742) 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 State General Funds TOTAL PUBLIC FUNDS $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 $1,502,013 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 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 $624,100 2676 JOURNAL OF THE SENATE 270.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $9,836 $9,836 $9,836 270.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,401 $17,401 $17,401 270.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($9) ($9) ($9) 270.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($735) ($735) ($735) 270.5 Increase funds for general liability premiums. State General Funds $412 $412 $412 270.6 Reduce funds for personnel and operations. State General Funds ($88,394) $0 270.100-Firefighter Standards and Training Council, Georgia Appropriation (HB 742) 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 $651,005 $562,611 $651,005 State General Funds $651,005 $562,611 $651,005 TOTAL PUBLIC FUNDS $651,005 $562,611 $651,005 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 $1,910,716 $1,910,716 $1,910,716 $1,910,716 $1,910,716 $1,910,716 WEDNESDAY, MARCH 21, 2012 2677 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $50,247 $50,247 $50,247 $1,960,963 $50,247 $50,247 $50,247 $1,960,963 $50,247 $50,247 $50,247 $1,960,963 271.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $23,312 $23,312 $23,312 271.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $35,220 $35,220 $35,220 271.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $6,129 $6,129 $6,129 271.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $6,068 $6,068 $6,068 271.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($970) ($970) ($970) 271.6 Increase funds for general liability premiums. State General Funds $2,686 $2,686 $2,686 271.7 Replace funds for operations. State General Funds Sales and Services Not Itemized Total Public Funds: ($38,214) $38,214 $0 ($38,214) $38,214 $0 ($38,214) $38,214 $0 271.8 Increase funds to restore funding for prior year reductions to personnel and operations. State General Funds $62,500 $125,000 271.9 Increase funds to provide mandatory training for newly-elected Sheriffs. State General Funds $401,950 $401,950 2678 JOURNAL OF THE SENATE 271.100 -Peace Officer Standards and Training Council, Georgia Appropriation (HB 742) 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 $1,944,947 $2,409,397 $2,471,897 State General Funds $1,944,947 $2,409,397 $2,471,897 TOTAL AGENCY FUNDS $88,461 $88,461 $88,461 Sales and Services $88,461 $88,461 $88,461 Sales and Services Not Itemized $88,461 $88,461 $88,461 TOTAL PUBLIC FUNDS $2,033,408 $2,497,858 $2,560,358 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 $10,246,951 $10,246,951 $1,778,300 $1,778,300 $1,974,014 $1,974,014 $1,974,014 $122,760 $122,760 $122,760 $14,122,025 272.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $127,051 $127,051 $127,051 272.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $224,189 $224,189 $224,189 WEDNESDAY, MARCH 21, 2012 2679 272.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds 272.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($472) $55,834 ($472) $55,834 ($472) $55,834 272.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($4,029) ($4,029) ($4,029) 272.6 Increase funds for general liability premiums. State General Funds $6,634 $6,634 $6,634 272.7 Reduce funds for Augusta Police Academy operations. State General Funds ($100) ($100) ($100) 272.8 Eliminate funds for the contract with North Central (Cobb) Police Academy. (H and S:Reduce contract) State General Funds ($244,757) ($44,757) ($44,757) 272.9 Reallocate funds for personnel from the Augusta Police Academy for one instructor to cover an increase in student load at other academies due to the elimination of the North Central contract and Augusta full-time staff. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 272.10 Reallocate funds from personnel for the Augusta Police Academy to purchase ammunition for students attending the Augusta academy. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 272.11 Reallocate funds from personnel for the Augusta Police Academy to provide the Basic Law Enforcement Program as needed. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 272.99 SAC: The purpose of this appropriation is to develop, deliver, and facilitate training that results in professional and competent public safety services for the people of Georgia. House: The purpose of this appropriation is to develop, deliver, and facilitate training that results in professional and competent public safety services for the people of Georgia. Governor: The purpose of this appropriation is to develop, deliver, and facilitate training that results in professional and competent public safety services for the people of Georgia. State General Funds $0 $0 $0 2680 JOURNAL OF THE SENATE 272.100 -Public Safety Training Center, Georgia Appropriation (HB 742) The purpose of this appropriation is to develop, deliver, and facilitate training that results in professional and competent public safety services for the people of Georgia. TOTAL STATE FUNDS $10,411,301 $10,611,301 $10,611,301 State General Funds $10,411,301 $10,611,301 $10,611,301 TOTAL FEDERAL FUNDS $1,778,300 $1,778,300 $1,778,300 Federal Funds Not Itemized $1,778,300 $1,778,300 $1,778,300 TOTAL AGENCY FUNDS $1,974,014 $1,974,014 $1,974,014 Sales and Services $1,974,014 $1,974,014 $1,974,014 Sales and Services Not Itemized $1,974,014 $1,974,014 $1,974,014 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $122,760 $122,760 $122,760 State Funds Transfers $122,760 $122,760 $122,760 Agency to Agency Contracts $122,760 $122,760 $122,760 TOTAL PUBLIC FUNDS $14,286,375 $14,486,375 $14,486,375 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 Agency to Agency Contracts TOTAL PUBLIC FUNDS $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 $376,424 $376,424 $17,086,129 $17,086,129 $66,434 $4,871 $4,871 $61,563 $61,563 $1,010,990 $1,010,990 $1,010,990 $18,539,977 WEDNESDAY, MARCH 21, 2012 2681 273.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,346 $7,346 $7,346 273.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,250 $10,250 $10,250 273.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($21,539) ($21,539) ($21,539) 273.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $3,442 $3,442 $3,442 273.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($54) ($54) ($54) 273.6 Increase funds for general liability premiums. State General Funds $258 $258 $258 273.7 Reduce funds for personnel to reflect savings due to attrition. State General Funds ($7,528) ($7,528) ($7,528) 273.100 -Highway Safety, Office of Appropriation (HB 742) 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 $368,599 $368,599 $368,599 State General Funds $368,599 $368,599 $368,599 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 $66,434 $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 $61,563 $61,563 $61,563 Sales and Services Not Itemized $61,563 $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 2682 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,010,990 $18,532,152 $1,010,990 $18,532,152 $1,010,990 $18,532,152 Section 39: Public Service Commission 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 Section Total - Continuation $7,974,361 $7,974,361 $7,974,361 $7,974,361 $1,541,721 $1,541,721 $1,541,721 $1,541,721 $70,160 $70,160 $70,160 $70,160 $70,160 $70,160 $9,586,242 $9,586,242 $7,974,361 $7,974,361 $1,541,721 $1,541,721 $70,160 $70,160 $70,160 $9,586,242 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $7,898,999 $7,898,999 $1,541,721 $1,541,721 $9,440,720 $7,934,079 $7,934,079 $1,541,721 $1,541,721 $9,475,800 $7,993,566 $7,993,566 $1,541,721 $1,541,721 $9,535,287 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 $1,073,035 $1,073,035 $83,500 $83,500 $70,160 $70,160 $70,160 $1,226,695 WEDNESDAY, MARCH 21, 2012 2683 274.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $16,807 $16,807 $16,807 274.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $22,514 $22,514 $22,514 274.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $2,829 $2,829 $2,829 274.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,626) ($2,626) ($2,626) 274.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($381) ($381) ($381) 274.6 Increase funds for general liability premiums. State General Funds $501 $501 $501 274.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($740) ($740) ($740) 274.8 Transfer funds from the Public Service Commission to the Department of Public Safety for transportation regulatory functions. Sales and Services Not Itemized ($70,160) ($70,160) ($70,160) 274.100 -Commission Administration Appropriation (HB 742) The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. TOTAL STATE FUNDS $1,111,939 $1,111,939 $1,111,939 State General Funds $1,111,939 $1,111,939 $1,111,939 TOTAL FEDERAL FUNDS $83,500 $83,500 $83,500 Federal Funds Not Itemized $83,500 $83,500 $83,500 TOTAL PUBLIC FUNDS $1,195,439 $1,195,439 $1,195,439 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. 2684 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 $922,165 $922,165 $1,188,246 $1,188,246 $2,110,411 275.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $23,148 $23,148 $23,148 275.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $32,906 $32,906 $32,906 275.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,135 $4,135 $4,135 275.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($3,837) ($3,837) ($3,837) 275.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($556) ($556) ($556) 275.6 Increase funds for general liability premiums. State General Funds $733 $733 $733 275.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,081) ($1,081) ($1,081) 275.100 -Facility Protection Appropriation (HB 742) 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 $977,613 $977,613 $977,613 State General Funds $977,613 $977,613 $977,613 TOTAL FEDERAL FUNDS $1,188,246 $1,188,246 $1,188,246 Federal Funds Not Itemized $1,188,246 $1,188,246 $1,188,246 TOTAL PUBLIC FUNDS $2,165,859 $2,165,859 $2,165,859 WEDNESDAY, MARCH 21, 2012 2685 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 $5,979,161 $5,979,161 $269,975 $269,975 $6,249,136 276.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $82,048 $82,048 $82,048 276.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $117,768 $117,768 $117,768 276.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $14,801 $14,801 $14,801 276.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($13,734) ($13,734) ($13,734) 276.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($1,990) ($1,990) ($1,990) 276.6 Increase funds for general liability premiums. State General Funds $2,623 $2,623 $2,623 276.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,868) ($3,868) ($3,868) 276.8 Reduce funds for personnel. State General Funds ($159,487) ($159,487) ($100,000) 2686 JOURNAL OF THE SENATE 276.9 Transfer funds and three positions from the Public Service Commission to the Department of Public Safety for transportation regulatory functions. State General Funds ($207,875) ($172,795) ($172,795) 276.100 -Utilities Regulation Appropriation (HB 742) 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 $5,809,447 $5,844,527 $5,904,014 State General Funds $5,809,447 $5,844,527 $5,904,014 TOTAL FEDERAL FUNDS $269,975 $269,975 $269,975 Federal Funds Not Itemized $269,975 $269,975 $269,975 TOTAL PUBLIC FUNDS $6,079,422 $6,114,502 $6,173,989 Section 40: Regents, University System of Georgia TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,738,915,019 $1,738,915,019 $1,738,915,019 $1,738,915,019 $4,353,668,931 $4,353,668,931 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $2,052,378,285 $2,052,378,285 $6,092,583,950 $6,092,583,950 $1,738,915,019 $1,738,915,019 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,092,583,950 TOTAL STATE FUNDS State General Funds Section Total - Final $1,825,680,227 $1,827,494,680 $1,824,321,331 $1,825,680,227 $1,827,494,680 $1,824,321,331 WEDNESDAY, MARCH 21, 2012 2687 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,179,349,158 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,181,163,611 $4,353,668,931 $3,625,810 $3,625,810 $2,080,815,473 $2,080,815,473 $216,849,363 $216,849,363 $2,052,378,285 $2,052,378,285 $6,177,990,262 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 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 $34,058,182 $34,058,182 $37,552,919 $22,000,000 $22,000,000 $5,483,042 $5,483,042 $10,069,877 $10,069,877 $71,611,101 277.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $203,272 $203,272 $203,272 277.2 Increase funds for the employer share of health insurance. State General Funds $237,978 $237,978 $237,978 277.3 Increase funds for retiree health benefits. State General Funds $221,641 $221,641 $221,641 2688 JOURNAL OF THE SENATE 277.4 Reduce funds for personnel. State General Funds ($214,068) ($214,068) ($214,068) 277.5 Increase funds for four crop scientists specializing in the areas of horticulture, peanuts, soybeans, and peaches. (S:Increase funds for specialized crop scientists) State General Funds $600,000 $600,000 277.100-Agricultural Experiment Station Appropriation (HB 742) 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 $34,507,005 $35,107,005 $35,107,005 State General Funds $34,507,005 $35,107,005 $35,107,005 TOTAL AGENCY FUNDS $37,552,919 $37,552,919 $37,552,919 Intergovernmental Transfers $22,000,000 $22,000,000 $22,000,000 Intergovernmental Transfers Not Itemized $22,000,000 $22,000,000 $22,000,000 Rebates, Refunds, and Reimbursements $5,483,042 $5,483,042 $5,483,042 Rebates, Refunds, and Reimbursements Not Itemized $5,483,042 $5,483,042 $5,483,042 Sales and Services $10,069,877 $10,069,877 $10,069,877 Sales and Services Not Itemized $10,069,877 $10,069,877 $10,069,877 TOTAL PUBLIC FUNDS $72,059,924 $72,659,924 $72,659,924 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 WEDNESDAY, MARCH 21, 2012 2689 278.100 -Athens and Tifton Veterinary Laboratories Appropriation (HB 742) 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 Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $4,944,522 $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 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 $28,589,236 $28,589,236 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $28,589,236 $28,589,236 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 $28,589,236 $28,589,236 $25,083,929 $13,000,000 $13,000,000 $7,875,069 $7,875,069 $4,208,860 $4,208,860 $53,673,165 279.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $204,435 $204,435 $204,435 279.2 Increase funds for the employer share of health insurance. State General Funds $267,701 $267,701 $267,701 279.3 Increase funds for retiree health benefits. State General Funds $406,479 $406,479 $406,479 279.4 Reduce funds for personnel. State General Funds ($362,657) ($362,657) $0 2690 JOURNAL OF THE SENATE 279.100 -Cooperative Extension Service Appropriation (HB 742) 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 $29,105,194 $29,105,194 $29,467,851 State General Funds $29,105,194 $29,105,194 $29,467,851 TOTAL AGENCY FUNDS $25,083,929 $25,083,929 $25,083,929 Intergovernmental Transfers $13,000,000 $13,000,000 $13,000,000 Intergovernmental Transfers Not Itemized $13,000,000 $13,000,000 $13,000,000 Rebates, Refunds, and Reimbursements $7,875,069 $7,875,069 $7,875,069 Rebates, Refunds, and Reimbursements Not Itemized $7,875,069 $7,875,069 $7,875,069 Sales and Services $4,208,860 $4,208,860 $4,208,860 Sales and Services Not Itemized $4,208,860 $4,208,860 $4,208,860 TOTAL PUBLIC FUNDS $54,189,123 $54,189,123 $54,551,780 Enterprise Innovation 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $7,483,572 $7,483,572 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,483,572 $7,483,572 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 $7,483,572 $7,483,572 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,958,572 280.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $20,691 $20,691 $20,691 WEDNESDAY, MARCH 21, 2012 2691 280.2 Increase funds for the employer share of health insurance. State General Funds $17,389 $17,389 $17,389 280.3 Increase funds for retiree health benefits. State General Funds $3,459 $3,459 $3,459 280.4 Reduce funds for personnel and operations. State General Funds ($149,671) ($149,671) ($149,671) 280.5 Transfer funds for the Georgia Statewide Consortium of Technology from the Department of Labor to the Board of Regents. (H and S:NO; Transfer funds for the Georgia Statewide Consortium to the Teaching Program) State General Funds $127,613 $0 $0 280.6 Transfer funds for Alternative Media Access Center from the Teaching program to the Enterprise Innovation Institute program. State General Funds $943,132 $0 $0 280.100 -Enterprise Innovation Institute Appropriation (HB 742) 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,446,185 $8,446,185 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $18,921,185 $7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440 $7,375,440 $7,375,440 $10,475,000 $7,875,000 $7,875,000 $1,100,000 $1,100,000 $1,500,000 $1,500,000 $17,850,440 2692 JOURNAL OF THE SENATE 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 $507,349 $507,349 $500,000 $475,988 $475,988 $24,012 $24,012 $1,007,349 $507,349 $507,349 $500,000 $475,988 $475,988 $24,012 $24,012 $1,007,349 $507,349 $507,349 $500,000 $475,988 $475,988 $24,012 $24,012 $1,007,349 281.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $1,558 $1,558 $1,558 281.2 Increase funds for the employer share of health insurance. State General Funds $4,026 $4,026 $4,026 281.3 Reduce funds for personnel. State General Funds ($10,147) ($10,147) ($10,147) 281.100 -Forestry Cooperative Extension Appropriation (HB 742) 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 $502,786 $502,786 $502,786 State General Funds $502,786 $502,786 $502,786 TOTAL AGENCY FUNDS $500,000 $500,000 $500,000 Intergovernmental Transfers $475,988 $475,988 $475,988 Intergovernmental Transfers Not Itemized $475,988 $475,988 $475,988 Sales and Services $24,012 $24,012 $24,012 Sales and Services Not Itemized $24,012 $24,012 $24,012 TOTAL PUBLIC FUNDS $1,002,786 $1,002,786 $1,002,786 WEDNESDAY, MARCH 21, 2012 2693 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 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 $2,523,601 $2,523,601 $8,950,426 $8,000,000 $8,000,000 $950,426 $950,426 $11,474,027 282.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $8,572 $8,572 $8,572 282.2 Increase funds for the employer share of health insurance. State General Funds $28,484 $28,484 $28,484 282.3 Increase funds for retiree health benefits. State General Funds $19,271 $19,271 $19,271 282.100-Forestry Research Appropriation (HB 742) 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 $2,579,928 $2,579,928 $2,579,928 State General Funds $2,579,928 $2,579,928 $2,579,928 TOTAL AGENCY FUNDS $8,950,426 $8,950,426 $8,950,426 Intergovernmental Transfers $8,000,000 $8,000,000 $8,000,000 Intergovernmental Transfers Not Itemized $8,000,000 $8,000,000 $8,000,000 Sales and Services $950,426 $950,426 $950,426 Sales and Services Not Itemized $950,426 $950,426 $950,426 TOTAL PUBLIC FUNDS $11,530,354 $11,530,354 $11,530,354 2694 JOURNAL OF THE SENATE 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 $3,625,810 283.100-Georgia Radiation Therapy Center Appropriation (HB 742) 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 $3,625,810 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 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 $5,722,356 $5,722,356 $223,917,958 $141,469,736 $141,469,736 $68,733,109 $68,733,109 $13,715,113 WEDNESDAY, MARCH 21, 2012 2695 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $13,715,113 $13,715,113 $13,715,113 $229,640,314 $229,640,314 $229,640,314 284.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $4,059 $4,059 $4,059 284.2 Increase funds for the employer share of health insurance. State General Funds $11,983 $11,983 $11,983 284.3 Increase funds for retiree health benefits. State General Funds $3,233 $3,233 $3,233 284.4 Reduce funds for operations. State General Funds ($112,447) ($112,447) $0 284.5 Increase funds for industrial storm water solutions for Georgia's poultry industry. State General Funds $50,000 284.100-Georgia Tech Research Institute Appropriation (HB 742) 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 $5,629,184 $5,629,184 $5,791,631 State General Funds $5,629,184 $5,629,184 $5,791,631 TOTAL AGENCY FUNDS $223,917,958 $223,917,958 $223,917,958 Intergovernmental Transfers $141,469,736 $141,469,736 $141,469,736 Intergovernmental Transfers Not Itemized $141,469,736 $141,469,736 $141,469,736 Rebates, Refunds, and Reimbursements $68,733,109 $68,733,109 $68,733,109 Rebates, Refunds, and Reimbursements Not Itemized $68,733,109 $68,733,109 $68,733,109 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 $229,547,142 $229,547,142 $229,709,589 2696 JOURNAL OF THE SENATE 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 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 $718,506 $718,506 $486,281 $367,648 $367,648 $118,633 $118,633 $1,204,787 285.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $4,295 $4,295 $4,295 285.2 Increase funds for the employer share of health insurance. State General Funds $6,649 $6,649 $6,649 285.100 -Marine Institute Appropriation (HB 742) 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 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731 $729,450 $729,450 $486,281 $367,648 $367,648 $118,633 $118,633 $1,215,731 WEDNESDAY, MARCH 21, 2012 2697 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 $1,180,737 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 $1,180,737 $1,180,737 $1,345,529 $600,000 $600,000 $90,000 $90,000 $655,529 $655,529 $2,526,266 286.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $9,149 $9,149 $9,149 286.2 Increase funds for the employer share of health insurance. State General Funds $9,235 $9,235 $9,235 286.100 -Marine Resources Extension Center Appropriation (HB 742) The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. TOTAL STATE FUNDS $1,199,121 $1,199,121 $1,199,121 State General Funds $1,199,121 $1,199,121 $1,199,121 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 $2,544,650 $2,544,650 $2,544,650 2698 JOURNAL OF THE SENATE 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 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 $29,172,642 287.1 Reduce funds for personnel. State General Funds ($583,453) $0 ($583,453) 287.100 -Medical College of Georgia Hospital and Clinics Appropriation (HB 742) 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 $28,589,189 $29,172,642 $28,589,189 State General Funds $28,589,189 $29,172,642 $28,589,189 TOTAL PUBLIC FUNDS $28,589,189 $29,172,642 $28,589,189 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 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 $32,248,245 $32,248,245 $5,222,400 $5,222,400 $5,222,400 $37,470,645 288.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $187,117 $187,117 $187,117 288.2 Increase funds for the employer share of health insurance. WEDNESDAY, MARCH 21, 2012 2699 State General Funds $4,494 288.3 Increase funds for the New Directions formula based on an increase in state population. State General Funds $394,218 288.4 Reduce funds for personnel and operations. State General Funds ($644,965) $4,494 $394,218 ($644,965) $4,494 $394,218 ($644,965) 288.100 -Public Libraries Appropriation (HB 742) 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 $32,189,109 $32,189,109 $32,189,109 State General Funds $32,189,109 $32,189,109 $32,189,109 TOTAL AGENCY FUNDS $5,222,400 $5,222,400 $5,222,400 Intergovernmental Transfers $5,222,400 $5,222,400 $5,222,400 Intergovernmental Transfers Not Itemized $5,222,400 $5,222,400 $5,222,400 TOTAL PUBLIC FUNDS $37,411,509 $37,411,509 $37,411,509 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 TOTAL PUBLIC FUNDS $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 $11,946,374 289.1 Increase funds for the Health Professions Initiative to address graduate medical and graduate nursing education. (S:Transfer funds for the Health Professions Initiative for graduate medical education from the Board of Regents to the Georgia Board for Physician Workforce) State General Funds $3,644,426 $3,644,426 $2,444,426 289.2 Increase funds for cancer research to the Georgia Health Sciences University Cancer Center. State General Funds $5,000,000 $5,000,000 $5,000,000 2700 JOURNAL OF THE SENATE 289.3 Reduce funds for personnel and operations. State General Funds ($220,927) ($220,927) ($220,927) 289.4 Eliminate funds for the Georgia Leadership Institute. State General Funds ($600,000) ($600,000) ($600,000) 289.5 Eliminate funds for Accountability Plus. State General Funds ($300,000) ($300,000) ($300,000) 289.6 Utilize funds from ICAPP Health for Health Professions Initiative ($585,574). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 289.7 Utilize funds from the HBCU-Mission Related program for Fort Valley to the institution's Land Grant Match ($929,839). (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 289.96 Transfer funds for the Fort Valley Land Grant Match from the Teaching program to Public Service/Special Funding Initiatives program. State General Funds $2,514,026 $2,514,026 $2,514,026 289.97 Transfer funds for Savannah State and Albany State Universities from Public Service/Special Funding Initiatives program to the Teaching program for the HBCU-Mission Related Program. State General Funds ($557,044) ($557,044) ($557,044) 289.98 Transfer funds for GALILEO from the Public Service/Special Funding Initiatives program to the Regents Central Office program. State General Funds ($2,582,940) ($2,582,940) ($2,582,940) 289.100 -Public Service / Special Funding Initiatives Appropriation (HB 742) 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 $18,843,915 $18,843,915 $17,643,915 State General Funds $18,843,915 $18,843,915 $17,643,915 TOTAL PUBLIC FUNDS $18,843,915 $18,843,915 $17,643,915 WEDNESDAY, MARCH 21, 2012 2701 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 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 $5,596,860 290.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $17,712 $17,712 $17,712 290.2 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($34,382) ($34,382) ($34,382) 290.3 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($2,060) ($2,060) ($2,060) 290.4 Increase funds for general liability premiums. State General Funds $11,383 $11,383 $11,383 290.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $21,469 $21,469 $21,469 290.6 Increase funds for the employer share of health insurance. State General Funds $26,778 $26,778 $26,778 290.7 Reduce funds for personnel. State General Funds ($89,708) ($89,708) ($89,708) 290.8 Reduce funds for payments to the Southern Regional Education Board (SREB) to reflect the actual contract amount for slots in the Regional Contract and Doctoral Scholars Program. State General Funds ($4,726) ($4,726) ($4,726) 290.9 Utilize existing funds to pay SREB dues. (H:NO; Provide funding for the increase in annual SREB dues and the final year for osteopathic medicine in the Regional Contract Program)(S:Increase funds for SREB dues) State General Funds $105,000 $90,000 2702 JOURNAL OF THE SENATE 290.98 Transfer funds for GALILEO from the Public Service/Special Funding Initiatives program to the Regents Central Office program. State General Funds $2,582,940 $2,582,940 $2,582,940 290.100 -Regents Central Office Appropriation (HB 742) 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 $8,126,266 $8,231,266 $8,216,266 State General Funds $8,126,266 $8,231,266 $8,216,266 TOTAL PUBLIC FUNDS $8,126,266 $8,231,266 $8,216,266 Research Consortium Continuation Budget The purpose of this appropriation is to support research and development activities at Georgia's research universities to further strategic industries in the state. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 $6,421,678 291.1 Reduce funds for personnel and operations. State General Funds ($128,434) ($128,434) ($128,434) 291.99 SAC: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. House: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. Governor: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. State General Funds $0 $0 $0 291.100-Research Consortium Appropriation (HB 742) The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. TOTAL STATE FUNDS $6,293,244 $6,293,244 $6,293,244 WEDNESDAY, MARCH 21, 2012 2703 State General Funds TOTAL PUBLIC FUNDS $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 $6,293,244 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 Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 $1,230,101 $1,230,101 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,780,101 292.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $7,795 $7,795 $7,795 292.2 Increase funds for the employer share of health insurance. State General Funds $7,433 $7,433 $7,433 292.3 Increase funds for retiree health benefits. State General Funds $8,578 $8,578 $8,578 292.4 Reduce funds for personnel. State General Funds ($24,602) ($24,602) ($24,602) 292.100 -Skidaway Institute of Oceanography Appropriation (HB 742) The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. TOTAL STATE FUNDS $1,229,305 $1,229,305 $1,229,305 2704 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 $1,229,305 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,779,305 $1,229,305 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,779,305 $1,229,305 $3,550,000 $2,650,000 $2,650,000 $550,000 $550,000 $350,000 $350,000 $4,779,305 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 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 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 $1,553,790,529 $1,553,790,529 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,572,182,735 293.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $152,551 $152,551 293.2 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($628,552) ($628,552) 293.3 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $473,721 $473,721 $152,551 ($628,552) $473,721 WEDNESDAY, MARCH 21, 2012 2705 293.4 Increase funds for general liability premiums. State General Funds $5,385,304 $5,385,304 $5,385,304 293.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $14,613,198 $14,613,198 $14,613,198 293.6 Increase funds for the employer share of health insurance. State General Funds $10,985,748 $10,985,748 $10,985,748 293.7 Increase funds for retiree health benefits. State General Funds $5,683,199 $5,683,199 $5,683,199 293.8 Increase funds for enrollment growth based on a 3.05% increase in semester credit hours and operations related to additional square footage. State General Funds $76,380,166 $76,380,166 $76,380,166 293.9 Increase funds for debt service payback amount for parking decks at Georgia Tech ($507,638) and Georgia State University ($323,042). State General Funds $830,680 $830,680 $830,680 293.10 Reduce funds for personnel and operations. State General Funds ($35,286,153) ($35,286,153) ($35,286,153) 293.11 Increase funds for the Southern Legislative Conference's (SLC) Center for Advancement of Leadership Skills (CALS) program at Georgia State University. State General Funds $25,000 $50,000 293.12 Begin transition of Georgia Gwinnett College to the same formula-funded support as the other institutions in the University System in FY2014. (H:YES)(S:NO) State General Funds $0 $0 293.13 Increase funds for a teaching Eminent Scholar. State General Funds $500,000 293.14 Reduce fund to recognize savings from campus consolidations. State General Funds ($2,500,000) 2706 JOURNAL OF THE SENATE 293.95 Transfer funds for Savannah State and Albany State Universities from the Public Service/Special Funding Initiatives program to the Teaching program for the HBCU-Mission Related program. State General Funds $557,044 $557,044 $557,044 293.96 Transfer funds for Alternative Media Access Center from the Teaching program to the Enterprise Innovation Institute program. (H and S:NO; Retain Alternative Media Access Center funding in the teaching program and transfer $127,613 for the Georgia Statewide Consortium of Technology from the Department of Labor to the Teaching Program) State General Funds ($943,132) $127,613 $127,613 293.97 Transfer funds for the Fort Valley Land Grant Match from the Teaching program to the Public Service/Special Funding Initiatives program. State General Funds ($2,514,026) ($2,514,026) ($2,514,026) 293.98 Transfer funds for the Herty Advanced Materials Development Center program from the Department of Economic Development to the Board of Regents and provide funds to Georgia Southern University for maintenance and operations. State General Funds $614,773 $614,773 $614,773 293.100 -Teaching Appropriation (HB 742) 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 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 $1,630,095,050 $1,630,095,050 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,648,487,256 $1,631,190,795 $1,631,190,795 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,649,583,001 $1,629,215,795 $1,629,215,795 $4,018,392,206 $1,874,210,179 $1,874,210,179 $132,899,510 $132,899,510 $2,011,282,517 $2,011,282,517 $5,647,608,001 WEDNESDAY, MARCH 21, 2012 2707 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 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 $2,542,873 294.1 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $11,953 $11,953 $11,953 294.2 Increase funds for the employer share of health insurance. State General Funds $15,020 $15,020 $15,020 294.3 Reduce funds for operations. State General Funds ($23,383) ($23,383) ($23,383) 294.100 -Veterinary Medicine Experiment Station Appropriation (HB 742) 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 $2,546,463 $2,546,463 $2,546,463 State General Funds $2,546,463 $2,546,463 $2,546,463 TOTAL PUBLIC FUNDS $2,546,463 $2,546,463 $2,546,463 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 $433,774 $433,774 $433,774 $433,774 $433,774 $433,774 2708 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 $10,055,725 $9,621,951 $9,621,951 $9,621,951 $10,055,725 $9,621,951 $9,621,951 $9,621,951 $10,055,725 295.1 Increase funds for the employer share of health insurance. State General Funds 295.2 Reduce funds for personnel. State General Funds $3,940 ($8,675) $3,940 ($8,675) $3,940 ($8,675) 295.100 -Veterinary Medicine Teaching Hospital Appropriation (HB 742) 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 $429,039 $429,039 $429,039 State General Funds $429,039 $429,039 $429,039 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 $10,050,990 $10,050,990 $10,050,990 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 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 $2,317,107 296.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,756 $1,756 $1,756 WEDNESDAY, MARCH 21, 2012 2709 296.2 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $20,125 $20,125 $20,125 296.3 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $11,586 $11,586 $11,586 296.4 Increase funds for general liability premiums. State General Funds $16,324 $16,324 $16,324 296.5 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $19,395 $19,395 $19,395 296.6 Reduce funds for the Prep School. State General Funds ($32,024) ($32,024) ($32,024) 296.7 Reduce funds for the Junior College. State General Funds ($14,318) ($14,318) ($14,318) 296.100 -Payments to Georgia Military College Appropriation (HB 742) 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 $2,339,951 $2,339,951 $2,339,951 State General Funds $2,339,951 $2,339,951 $2,339,951 TOTAL PUBLIC FUNDS $2,339,951 $2,339,951 $2,339,951 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 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 $12,431,297 297.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $73,234 $73,234 $73,234 2710 JOURNAL OF THE SENATE 297.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $106,529 $106,529 $106,529 297.3 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $4,333 $4,333 $4,333 297.4 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $1,077 $1,077 $1,077 297.5 Reduce funds by eliminating one full-time position and one part-time position due to agency reorganization. State General Funds ($205,769) ($205,769) ($205,769) 297.6 Reduce funds for operations. (H and S:Restore funds for operations) State General Funds ($30,500) $470,500 $470,500 297.7 Reduce funds for employee parking spaces. State General Funds ($11,357) ($11,357) ($11,357) 297.8 Reduce funds for professional association membership. State General Funds ($19,001) ($19,001) ($19,001) 297.9 Reduce funds by eliminating one-time funds to broadcast the Georgia Music Hall of Fame Awards Show. State General Funds ($50,000) ($50,000) ($50,000) 297.10 Utilize existing funds for parking spaces for escalated costs associated with the Discovery Education contract ($57,763). State General Funds $0 $0 $0 297.11 Increase funds for special education programming. State General Funds $75,000 297.100-Payments to Public Telecommunications Commission, Georgia Appropriation (HB 742) 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 $12,299,843 $12,800,843 $12,875,843 State General Funds $12,299,843 $12,800,843 $12,875,843 TOTAL PUBLIC FUNDS $12,299,843 $12,800,843 $12,875,843 WEDNESDAY, MARCH 21, 2012 2711 Section 41: Revenue, Department of TOTAL STATE FUNDS State General Funds Tobacco Settlement Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS TOTAL STATE FUNDS State General Funds Tobacco Settlement 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 Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized Section Total - Continuation $130,200,769 $130,200,769 $130,050,769 $130,050,769 $150,000 $150,000 $187,422 $187,422 $187,422 $187,422 $35,194,544 $35,194,544 $447,580 $447,580 $447,580 $447,580 $33,886,964 $33,886,964 $6,500,000 $6,500,000 $27,386,964 $27,386,964 $860,000 $860,000 $860,000 $860,000 $191,507 $191,507 $191,507 $191,507 $191,507 $191,507 $165,774,242 $165,774,242 $130,200,769 $130,050,769 $150,000 $187,422 $187,422 $35,194,544 $447,580 $447,580 $33,886,964 $6,500,000 $27,386,964 $860,000 $860,000 $191,507 $191,507 $191,507 $165,774,242 Section Total - Final $141,303,912 $141,153,912 $150,000 $187,422 $187,422 $28,437,481 $447,580 $447,580 $27,129,901 $27,129,901 $860,000 $860,000 $140,394,361 $140,244,361 $150,000 $187,422 $187,422 $27,894,544 $447,580 $447,580 $26,586,964 $26,586,964 $860,000 $860,000 $138,281,548 $138,131,548 $150,000 $187,422 $187,422 $27,894,544 $447,580 $447,580 $26,586,964 $26,586,964 $860,000 $860,000 2712 JOURNAL OF THE SENATE TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $191,507 $191,507 $191,507 $170,120,322 $191,507 $191,507 $191,507 $168,667,834 $191,507 $191,507 $191,507 $166,555,021 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 $14,278,632 $14,278,632 $350,580 $225,580 $225,580 $125,000 $125,000 $14,629,212 298.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $101,396 $101,396 $101,396 298.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $159,614 $159,614 $159,614 298.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($435,572) ($435,572) ($435,572) 298.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($14,879) ($14,879) ($14,879) 298.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($11,197) ($11,197) ($11,197) 298.6 Increase funds for general liability premiums. State General Funds $4,935 $4,935 $4,935 WEDNESDAY, MARCH 21, 2012 2713 298.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,510 $1,510 $1,510 298.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($7,621) ($7,621) ($7,621) 298.9 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $288,000 $288,000 $288,000 298.10 Transfer funds and four positions for regulation of alcohol licensing from Customer Service to Industry Regulation to better align budget and expenditures. State General Funds ($136,422) ($136,422) ($136,422) 298.11 Reduce funds for the courtesy postage-paid envelopes included with notices sent to taxpayers. State General Funds ($385,000) ($385,000) 298.12 Reduce one-time funds added in HB78 (2011 Session) for equipment. State General Funds ($80,000) 298.100 -Customer Service Appropriation (HB 742) 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 $14,228,396 $13,843,396 $13,763,396 State General Funds $14,228,396 $13,843,396 $13,763,396 TOTAL AGENCY FUNDS $350,580 $350,580 $350,580 Intergovernmental Transfers $225,580 $225,580 $225,580 Intergovernmental Transfers Not Itemized $225,580 $225,580 $225,580 Sales and Services $125,000 $125,000 $125,000 Sales and Services Not Itemized $125,000 $125,000 $125,000 TOTAL PUBLIC FUNDS $14,578,976 $14,193,976 $14,113,976 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. 2714 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 $7,684,788 $7,684,788 $484,210 $424,210 $424,210 $60,000 $60,000 $8,168,998 299.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $75,003 $75,003 $75,003 299.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $111,730 $111,730 $111,730 299.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($96,794) ($96,794) ($96,794) 299.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($10,415) ($10,415) ($10,415) 299.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($7,838) ($7,838) ($7,838) 299.6 Increase funds for general liability premiums. State General Funds $3,454 $3,454 $3,454 299.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,057 $1,057 $1,057 299.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,335) ($5,335) ($5,335) 299.9 Reduce funds for personnel due to attrition. State General Funds ($160,000) ($160,000) ($160,000) WEDNESDAY, MARCH 21, 2012 2715 299.10 Transfer funds and four positions from Departmental Administration to the Office of Tax Policy to align budget and expenditures. State General Funds ($311,779) ($311,779) ($311,779) 299.11 Transfer funds, 11 positions, and six vehicles from Departmental Administration to the Office of Special Investigations to align budget and expenditures. State General Funds ($561,432) ($561,432) ($561,432) 299.12 Transfer funds and three positions from Departmental Administration to Motor Vehicle Registration and Titling to align budget expenditures associated with relocation of Tradeport offices. State General Funds ($148,620) ($148,620) ($148,620) 299.13 Reduce funds for personnel and maintain a current vacancy. State General Funds ($64,250) $0 299.100-Departmental Administration Appropriation (HB 742) 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 $6,573,819 $6,509,569 $6,573,819 State General Funds $6,573,819 $6,509,569 $6,573,819 TOTAL AGENCY FUNDS $484,210 $484,210 $484,210 Sales and Services $424,210 $424,210 $424,210 Sales and Services Not Itemized $424,210 $424,210 $424,210 Sanctions, Fines, and Penalties $60,000 $60,000 $60,000 Sanctions, Fines, and Penalties Not Itemized $60,000 $60,000 $60,000 TOTAL PUBLIC FUNDS $7,058,029 $6,993,779 $7,058,029 Forest Land Protection Grants Continuation Budget The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session. TOTAL STATE FUNDS State General Funds $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 $14,584,551 2716 JOURNAL OF THE SENATE TOTAL PUBLIC FUNDS 300.1 Reduce funds to meet actual expenditures. State General Funds $14,584,551 $14,584,551 $14,584,551 ($400,301) ($400,301) 300.100 -Forest Land Protection Grants Appropriation (HB 742) The purpose of this appropriation is to provide reimbursement for preferential assessment of qualifying conservation use forestland to counties, municipalities, and school districts pursuant to OCGA48-5A-2, the "Forestland Protection Act," created by HB1211 and HB1276 during the 2008 legislative session. TOTAL STATE FUNDS $14,584,551 $14,184,250 $14,184,250 State General Funds $14,584,551 $14,184,250 $14,184,250 TOTAL PUBLIC FUNDS $14,584,551 $14,184,250 $14,184,250 Fraud Detection and Prevention Continuation Budget TOTAL STATE FUNDS State General Funds $0 $0 $0 $0 $0 $0 301.1 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. (S:Increase funds for monthly cost required for operations associated with the implementation of a tax fraud detection and prevention system) State General Funds $4,900,000 $4,900,000 $2,500,000 301.99 SAC: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. House: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. Governor: The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. State General Funds $0 $0 $0 301.100 -Fraud Detection and Prevention Appropriation (HB 742) The purpose of this appropriation is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. WEDNESDAY, MARCH 21, 2012 2717 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $4,900,000 $4,900,000 $4,900,000 $4,900,000 $4,900,000 $4,900,000 $2,500,000 $2,500,000 $2,500,000 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 $2,788,968 $2,638,968 $150,000 $187,422 $187,422 $2,696,996 $2,196,996 $2,196,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,864,893 302.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $38,660 $38,660 $38,660 302.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $79,807 $79,807 $79,807 302.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($48,397) ($48,397) ($48,397) 302.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($7,439) ($7,439) ($7,439) 2718 JOURNAL OF THE SENATE 302.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($5,598) ($5,598) ($5,598) 302.6 Increase funds for general liability premiums. State General Funds $2,467 $2,467 $2,467 302.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $755 $755 $755 302.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,811) ($3,811) ($3,811) 302.9 Transfer funds and four positions from Customer Service to Industry Regulation for regulation of alcohol licensing to better align budget and expenditures. State General Funds $136,422 $136,422 $136,422 302.10 Increase funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report. State General Funds Sales and Services Not Itemized Total Public Funds: $300,000 ($300,000) $0 $300,000 ($300,000) $0 $300,000 ($300,000) $0 302.11 Reduce one-time funds added in HB78 (2011 Session) for motor vehicles. State General Funds ($240,000) 302.100 -Industry Regulation Appropriation (HB 742) 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 $3,281,834 $3,281,834 $3,041,834 State General Funds $3,131,834 $3,131,834 $2,891,834 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 $2,396,996 $2,396,996 $2,396,996 WEDNESDAY, MARCH 21, 2012 2719 Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,896,996 $1,896,996 $500,000 $500,000 $191,507 $191,507 $191,507 $6,057,759 $1,896,996 $1,896,996 $500,000 $500,000 $191,507 $191,507 $191,507 $6,057,759 $1,896,996 $1,896,996 $500,000 $500,000 $191,507 $191,507 $191,507 $5,817,759 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 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 $2,270,247 $2,270,247 $2,670,000 $2,670,000 $2,670,000 $4,940,247 303.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $32,228 $32,228 $32,228 303.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $63,846 $63,846 $63,846 303.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($290,381) ($290,381) ($290,381) 303.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($5,952) ($5,952) ($5,952) 303.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($4,479) ($4,479) ($4,479) 2720 JOURNAL OF THE SENATE 303.6 Increase funds for general liability premiums. State General Funds $1,974 $1,974 303.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $604 $604 303.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,049) ($3,049) 303.9 Reduce funds for rent through office consolidation. State General Funds ($200,000) ($200,000) 303.10 Reduce funds for contracts. State General Funds ($36,000) ($36,000) 303.11 Reduce funds for operations. State General Funds ($10,000) ($10,000) $1,974 $604 ($3,049) ($200,000) ($36,000) ($10,000) 303.100-Local Government Services Appropriation (HB 742) 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 $1,819,038 $1,819,038 $1,819,038 State General Funds $1,819,038 $1,819,038 $1,819,038 TOTAL AGENCY FUNDS $2,670,000 $2,670,000 $2,670,000 Sales and Services $2,670,000 $2,670,000 $2,670,000 Sales and Services Not Itemized $2,670,000 $2,670,000 $2,670,000 TOTAL PUBLIC FUNDS $4,489,038 $4,489,038 $4,489,038 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 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 $6,984,996 WEDNESDAY, MARCH 21, 2012 2721 304.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,631,535 $1,631,535 $1,631,535 304.2 Increase funds to pay the Employees' Retirement System of Georgia (ERS) for the liability on local tax officials' retirement benefits covering FY2013. State General Funds $615,943 $615,943 $615,943 304.100 -Local Tax Officials Retirement and FICA Appropriation (HB 742) The purpose of this appropriation is to provide state retirement benefits and employer share of FICA to local tax officials. TOTAL STATE FUNDS $9,232,474 $9,232,474 $9,232,474 State General Funds $9,232,474 $9,232,474 $9,232,474 TOTAL PUBLIC FUNDS $9,232,474 $9,232,474 $9,232,474 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 Sales and Services Fees Retained for License Plate Production Sales and Services Not Itemized TOTAL PUBLIC FUNDS $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 $4,493,717 $4,493,717 $11,981,765 $11,981,765 $6,500,000 $5,481,765 $16,475,482 305.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $94,521 $94,521 $94,521 305.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $111,730 $111,730 $111,730 305.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,500,303) ($1,500,303) ($1,500,303) 2722 JOURNAL OF THE SENATE 305.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($10,415) ($10,415) ($10,415) 305.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($7,838) ($7,838) ($7,838) 305.6 Increase funds for general liability premiums. State General Funds $3,454 $3,454 $3,454 305.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,057 $1,057 $1,057 305.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,335) ($5,335) ($5,335) 305.9 Reduce funds for freight expenses. State General Funds ($30,000) ($30,000) ($30,000) 305.10 Reduce funds for rent through office consolidation. State General Funds ($200,000) ($200,000) ($200,000) 305.11 Reduce funds for operations through reduced postage. State General Funds ($10,000) ($10,000) ($10,000) 305.12 Transfer funds and three positions from Departmental Administration to Motor Vehicle Registration and Titling to better align budget and expenditures. State General Funds $148,620 $148,620 $148,620 305.13 Increase funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report. State General Funds Fees Retained for License Plate Production Sales and Services Not Itemized Total Public Funds: $7,000,000 ($6,500,000) ($500,000) $0 $7,000,000 ($6,500,000) ($500,000) $0 $7,000,000 ($6,500,000) ($500,000) $0 WEDNESDAY, MARCH 21, 2012 2723 305.14 Utilize other funds from the purchase of tag data to provide the initial step for a three-year replacement schedule for county GRATIS printers and maintenance. (Total Funds: $500,000)(H:YES)(S:NO; Provide printers to counties that remit $0.50 per motor vehicle registration to cover half the transaction cost of GRATIS operations and remit fee to the Department of Revenue) State General Funds $0 $0 305.100 -Motor Vehicle Registration and Titling Appropriation (HB 742) 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 $10,089,208 $10,089,208 $10,089,208 State General Funds $10,089,208 $10,089,208 $10,089,208 TOTAL AGENCY FUNDS $4,981,765 $4,981,765 $4,981,765 Sales and Services $4,981,765 $4,981,765 $4,981,765 Sales and Services Not Itemized $4,981,765 $4,981,765 $4,981,765 TOTAL PUBLIC FUNDS $15,070,973 $15,070,973 $15,070,973 Office of Special 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 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 $2,736,081 306.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $23,067 $23,067 $23,067 306.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,884 $47,884 $47,884 306.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($48,397) ($48,397) ($48,397) 306.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($4,464) ($4,464) ($4,464) 2724 JOURNAL OF THE SENATE 306.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($3,359) ($3,359) ($3,359) 306.6 Increase funds for general liability premiums. State General Funds $1,480 $1,480 $1,480 306.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $453 $453 $453 306.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,286) ($2,286) ($2,286) 306.9 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $399,000 $399,000 $399,000 306.98 Transfer funds, 11 positions, and six vehicles from Departmental Administration to the Office of Special Investigations to align budget and expenditures. State General Funds $561,432 $561,432 $561,432 306.99 SAC: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. House: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. Governor: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. State General Funds $0 $0 $0 306.100 -Office of Special Investigations Appropriation (HB 742) The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. TOTAL STATE FUNDS $3,710,891 $3,710,891 $3,710,891 WEDNESDAY, MARCH 21, 2012 2725 State General Funds TOTAL PUBLIC FUNDS $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 $3,710,891 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 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 $14,342,762 307.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $76,576 $76,576 $76,576 307.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $95,769 $95,769 $95,769 307.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($48,397) ($48,397) ($48,397) 307.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($8,927) ($8,927) ($8,927) 307.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($6,718) ($6,718) ($6,718) 307.6 Increase funds for general liability premiums. State General Funds $2,961 $2,961 $2,961 307.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $906 $906 $906 307.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,573) ($4,573) ($4,573) 307.9 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $113,000 $113,000 $113,000 2726 JOURNAL OF THE SENATE 307.10 Reduce funds for rent through office consolidation. State General Funds 307.11 Reduce funds for operations by reducing postage and software licensing. State General Funds ($140,000) ($200,000) ($200,000) ($120,000) ($120,000) ($120,000) 307.100 -Revenue Processing Appropriation (HB 742) 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 $14,303,359 $14,243,359 $14,243,359 State General Funds $14,303,359 $14,243,359 $14,243,359 TOTAL PUBLIC FUNDS $14,303,359 $14,243,359 $14,243,359 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 AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $35,515,536 $35,515,536 $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 $35,515,536 $35,515,536 $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 $35,515,536 $35,515,536 $16,610,993 $222,000 $222,000 $16,388,993 $16,388,993 $52,126,529 308.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $352,192 $352,192 $352,192 308.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $654,419 $654,419 $654,419 308.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($387,175) ($387,175) ($387,175) WEDNESDAY, MARCH 21, 2012 2727 308.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($61,003) ($61,003) ($61,003) 308.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($45,906) ($45,906) ($45,906) 308.6 Increase funds for general liability premiums. State General Funds $20,233 $20,233 $20,233 308.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $6,189 $6,189 $6,189 308.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($31,248) ($31,248) ($31,248) 308.9 Reduce state funds and use other funds to hire for three vacant out-of-state auditor positions. (H:NO; Reduce state funds)(S:NO; Reflect revenue estimate increase associated with these positions) State General Funds Sales and Services Not Itemized Total Public Funds: ($299,300) ($299,300) $0 $299,300 $0 $0 $0 ($299,300) $0 308.10 Reduce state funds and use other funds to hire five vacant revenue agent positions. (H:NO; Reduce state funds)(S:NO; Reflect revenue estimate increase associated with these positions) State General Funds Sales and Services Not Itemized Total Public Funds: ($243,637) ($243,637) $0 $243,637 $0 $0 $0 ($243,637) $0 308.100-Tax Compliance Appropriation (HB 742) The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. TOTAL STATE FUNDS $35,480,300 $35,480,300 $36,023,237 State General Funds $35,480,300 $35,480,300 $36,023,237 TOTAL AGENCY FUNDS $17,153,930 $16,610,993 $16,610,993 Intergovernmental Transfers $222,000 $222,000 $222,000 Intergovernmental Transfers Not Itemized $222,000 $222,000 $222,000 Sales and Services $16,931,930 $16,388,993 $16,388,993 2728 JOURNAL OF THE SENATE Sales and Services Not Itemized TOTAL PUBLIC FUNDS $16,931,930 $52,634,230 $16,388,993 $52,091,293 $16,388,993 $52,634,230 Tax 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 AGENCY FUNDS Sales and Services Sales and Services Not Itemized Sanctions, Fines, and Penalties Sanctions, Fines, and Penalties Not Itemized TOTAL PUBLIC FUNDS $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 $1,460,248 $1,460,248 $400,000 $100,000 $100,000 $300,000 $300,000 $1,860,248 309.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $22,791 $22,791 $22,791 309.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $47,884 $47,884 $47,884 309.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($193,587) ($193,587) ($193,587) 309.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($4,464) ($4,464) ($4,464) 309.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($3,359) ($3,359) ($3,359) 309.6 Increase funds for general liability premiums. State General Funds $1,480 $1,480 $1,480 WEDNESDAY, MARCH 21, 2012 2729 309.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $453 $453 $453 309.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($2,286) ($2,286) ($2,286) 309.9 Reduce funds for contracts. State General Funds ($30,000) ($30,000) ($30,000) 309.10 Transfer funds and four positions from Departmental Administration to Tax Policy to align budget and expenditures. State General Funds $311,779 $311,779 $311,779 309.100 -Tax Policy Appropriation (HB 742) 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 $1,610,939 $1,610,939 $1,610,939 State General Funds $1,610,939 $1,610,939 $1,610,939 TOTAL AGENCY FUNDS $400,000 $400,000 $400,000 Sales and Services $100,000 $100,000 $100,000 Sales and Services Not Itemized $100,000 $100,000 $100,000 Sanctions, Fines, and Penalties $300,000 $300,000 $300,000 Sanctions, Fines, and Penalties Not Itemized $300,000 $300,000 $300,000 TOTAL PUBLIC FUNDS $2,010,939 $2,010,939 $2,010,939 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 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 $23,060,243 310.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $172,955 $172,955 $172,955 2730 JOURNAL OF THE SENATE 310.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $223,460 $223,460 $223,460 310.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,790,684) ($1,790,684) ($1,790,684) 310.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($20,830) ($20,830) ($20,830) 310.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($15,675) ($15,675) ($15,675) 310.6 Increase funds for general liability premiums. State General Funds $6,911 $6,911 $6,911 310.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $2,111 $2,111 $2,111 310.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($10,670) ($10,670) ($10,670) 310.9 Increase funds for operations associated with the implementation of a tax fraud detection and prevention system. State General Funds $70,000 $70,000 $70,000 310.10 Reduce funds and replace with other funds for two contract positions. (H and S:NO; Reduce state funds) State General Funds ($208,718) ($208,718) ($208,718) 310.100 -Technology Support Services Appropriation (HB 742) The purpose of this appropriation is to support the department in information technology and provide electronic filing services to taxpayers. TOTAL STATE FUNDS $21,489,103 $21,489,103 $21,489,103 State General Funds $21,489,103 $21,489,103 $21,489,103 TOTAL PUBLIC FUNDS $21,489,103 $21,489,103 $21,489,103 WEDNESDAY, MARCH 21, 2012 2731 Section 42: Secretary of State 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 Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $29,812,853 $29,812,853 $29,812,853 $29,812,853 $85,000 $85,000 $85,000 $85,000 $1,557,183 $1,557,183 $41,900 $41,900 $41,900 $41,900 $1,515,283 $1,515,283 $435,771 $435,771 $1,079,512 $1,079,512 $31,455,036 $31,455,036 $29,812,853 $29,812,853 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $31,455,036 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 Record Center Storage Fees Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $30,610,523 $30,610,523 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,252,706 $30,985,023 $30,985,023 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,627,206 $31,043,284 $31,043,284 $85,000 $85,000 $1,557,183 $41,900 $41,900 $1,515,283 $435,771 $1,079,512 $32,685,467 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 $4,313,024 $4,313,024 $4,313,024 2732 JOURNAL OF THE SENATE 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 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 $4,313,024 $532,671 $21,900 $21,900 $510,771 $435,771 $75,000 $4,845,695 311.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $22,222 $22,222 $17,610 311.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $53,256 $53,256 $23,096 311.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $6,831 $6,831 $0 311.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($8,432) ($8,432) ($2,122) 311.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $15,518 $15,518 $4,097 311.6 Increase funds for general liability premiums. State General Funds $37,367 $37,367 $12,441 311.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,129 $1,129 $1,256 311.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,698) ($5,698) ($3,013) 311.9 Increase funds to allow the State Archives building to remain open to the public one additional half-day per week. State General Funds $67,500 $67,500 WEDNESDAY, MARCH 21, 2012 2733 311.100 -Archives and Records Appropriation (HB 742) 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 $4,435,217 $4,502,717 $4,433,889 State General Funds $4,435,217 $4,502,717 $4,433,889 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 $4,967,888 $5,035,388 $4,966,560 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 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 $1,231,461 $1,231,461 $739,512 $739,512 $739,512 $1,970,973 312.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $19,087 $19,087 $15,157 312.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $15,206 $15,206 $24,832 312.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,950 $1,950 $0 2734 JOURNAL OF THE SENATE 312.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,407) ($2,407) 312.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $4,431 $4,431 312.6 Increase funds for general liability premiums. State General Funds $10,669 $10,669 312.7 Increase funds to reflect an adjustment in PeopleSoft billings. (S:Reduce funds based on actual billings) State General Funds $322 $322 312.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,627) ($1,627) 312.9 Reduce funds for personnel. State General Funds ($24,629) ($24,629) ($3,117) $6,720 $18,860 ($775) ($7,238) ($24,629) 312.100 -Corporations Appropriation (HB 742) 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 $1,254,463 $1,254,463 $1,261,271 State General Funds $1,254,463 $1,254,463 $1,261,271 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 $1,993,975 $1,993,975 $2,000,783 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 $4,648,857 $4,648,857 $4,648,857 $4,648,857 $4,648,857 $4,648,857 WEDNESDAY, MARCH 21, 2012 2735 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 $85,000 $85,000 $50,000 $50,000 $50,000 $4,783,857 313.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $21,376 $21,376 $26,124 313.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $57,403 $57,403 $36,480 313.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $7,362 $7,362 $55,795 313.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($9,088) ($9,088) ($3,910) 313.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $16,726 $16,726 $6,788 313.6 Increase funds for general liability premiums. State General Funds $40,277 $40,277 $21,054 313.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,216 $1,216 $514 313.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,142) ($6,142) ($1,982) 313.100 -Elections Appropriation (HB 742) 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. 2736 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 $4,777,987 $4,777,987 $85,000 $85,000 $50,000 $50,000 $50,000 $4,912,987 $4,777,987 $4,777,987 $85,000 $85,000 $50,000 $50,000 $50,000 $4,912,987 $4,789,720 $4,789,720 $85,000 $85,000 $50,000 $50,000 $50,000 $4,924,720 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 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 $5,766,114 $5,766,114 $15,000 $15,000 $15,000 $5,781,114 314.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $71,629 $71,629 $76,943 314.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $71,199 $71,199 $100,440 314.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $9,131 $9,131 $0 314.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($11,273) ($11,273) ($17,717) 314.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $20,746 $20,746 $15,412 314.6 Increase funds for general liability premiums. State General Funds $49,957 $49,957 $58,378 WEDNESDAY, MARCH 21, 2012 2737 314.7 Increase funds to reflect an adjustment in PeopleSoft billings. (S:Reduce funds based on actual billings) State General Funds $1,509 $1,509 ($4,620) 314.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($7,618) ($7,618) ($8,362) 314.9 Reduce funds for operations. State General Funds ($265,322) ($265,322) ($265,322) 314.10 Increase funds for eight positions to increase enforcement in the professional licensing boards and recognize revenues generated from fines for licensing violations. State General Funds $396,632 $396,632 $396,632 314.11 Increase funds for inspectors to increase enforcement in the professional licensing boards. State General Funds $125,000 314.12 Increase funds to reinstate the commemorative Legislative Flag Program. State General Funds $50,000 314.100-Office Administration Appropriation (HB 742) The purpose of this appropriation is to provide administrative support to the Office of Secretary of State and its attached agencies. TOTAL STATE FUNDS $6,102,704 $6,102,704 $6,292,898 State General Funds $6,102,704 $6,102,704 $6,292,898 TOTAL AGENCY FUNDS $15,000 $15,000 $15,000 Sales and Services $15,000 $15,000 $15,000 Sales and Services Not Itemized $15,000 $15,000 $15,000 TOTAL PUBLIC FUNDS $6,117,704 $6,117,704 $6,307,898 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 $6,827,104 $6,827,104 $150,000 $6,827,104 $6,827,104 $150,000 $6,827,104 $6,827,104 $150,000 2738 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $150,000 $150,000 $6,977,104 $150,000 $150,000 $6,977,104 $150,000 $150,000 $6,977,104 315.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $75,476 $75,476 $72,165 315.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $84,300 $84,300 $94,317 315.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $10,812 $10,812 $0 315.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($13,347) ($13,347) ($10,152) 315.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $24,564 $24,564 $29,077 315.6 Increase funds for general liability premiums. State General Funds $59,149 $59,149 $82,304 315.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,786 $1,786 $6,522 315.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($9,020) ($9,020) ($5,596) 315.9 Reduce funds for personnel. State General Funds ($136,542) ($136,542) ($136,542) 315.10 Increase funds for the Georgia Board of Pharmacy for operations and exam administration. State General Funds $30,000 $15,000 315.11 Increase one-time funds for the revision of the mandatory surveys required for RN, APRN and LPN license renewals. State General Funds $27,000 $0 WEDNESDAY, MARCH 21, 2012 2739 315.12 Increase funds for personnel based on increased workload related to secure and verifiable documentation. State General Funds $21,000 315.100 -Professional Licensing Boards Appropriation (HB 742) 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 $6,924,282 $6,981,282 $6,995,199 State General Funds $6,924,282 $6,981,282 $6,995,199 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 $7,074,282 $7,131,282 $7,145,199 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 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 $819,685 $819,685 $50,000 $50,000 $50,000 $869,685 316.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $7,478 $7,478 $9,269 316.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,121 $10,121 $12,320 316.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $1,298 $1,298 $0 2740 JOURNAL OF THE SENATE 316.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,602) ($1,602) 316.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $2,949 $2,949 316.6 Increase funds for general liability premiums. State General Funds $7,102 $7,102 316.7 Increase funds to reflect an adjustment in PeopleSoft billings. (S:Reduce funds based on projected billings) State General Funds $214 $214 316.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,083) ($1,083) 316.9 Reduce funds for personnel. State General Funds ($16,934) ($16,934) ($3,101) $3,222 $11,484 ($571) ($1,483) ($16,934) 316.100 -Securities Appropriation (HB 742) 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 $829,228 $829,228 $833,891 State General Funds $829,228 $829,228 $833,891 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 $879,228 $879,228 $883,891 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 $242,403 $242,403 $242,403 $242,403 $242,403 $242,403 WEDNESDAY, MARCH 21, 2012 2741 TOTAL AGENCY FUNDS Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized TOTAL PUBLIC FUNDS $20,000 $20,000 $20,000 $262,403 $20,000 $20,000 $20,000 $262,403 $20,000 $20,000 $20,000 $262,403 317.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $3,795 $3,795 $3,795 317.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $5,689 $5,689 $5,689 317.3 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $30 $30 $1,681 317.4 Reduce funds for operations. State General Funds ($4,848) ($4,848) ($4,848) 317.5 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($3,604) 317.6 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $8,922 317.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,934) 317.100 -Commission on the Holocaust, Georgia Appropriation (HB 742) 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 $247,069 $247,069 $252,104 State General Funds $247,069 $247,069 $252,104 TOTAL AGENCY FUNDS $20,000 $20,000 $20,000 Contributions, Donations, and Forfeitures $20,000 $20,000 $20,000 Contributions, Donations, and Forfeitures Not Itemized $20,000 $20,000 $20,000 TOTAL PUBLIC FUNDS $267,069 $267,069 $272,104 2742 JOURNAL OF THE SENATE Drugs and Narcotics Agency, Georgia Continuation Budget The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 $1,950,515 318.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $19,553 $19,553 $19,553 318.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $28,840 $28,840 $28,840 318.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $18,411 $18,411 $0 318.4 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $286 $286 $2,361 318.5 Reduce funds for personnel. State General Funds ($64,545) ($64,545) ($64,545) 318.6 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($584) 318.7 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $6,056 318.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($499) 318.100 -Drugs and Narcotics Agency, Georgia Appropriation (HB 742) The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. WEDNESDAY, MARCH 21, 2012 2743 TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $1,953,060 $1,953,060 $1,953,060 $1,953,060 $1,953,060 $1,953,060 $1,941,697 $1,941,697 $1,941,697 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 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 $2,929,545 319.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $31,276 $31,276 $31,276 319.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $45,694 $45,694 $45,694 319.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($4,662) ($4,662) $0 319.4 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $537 $537 $325 319.5 Reduce funds for contracts based on reduced workload. State General Funds ($58,591) ($58,591) ($58,591) 319.6 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($243) 319.7 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $1,070 319.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($149) 2744 JOURNAL OF THE SENATE 319.100 -Real Estate Commission Appropriation (HB 742) 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 $2,943,799 $2,943,799 $2,948,927 State General Funds $2,943,799 $2,943,799 $2,948,927 TOTAL PUBLIC FUNDS $2,943,799 $2,943,799 $2,948,927 Government Transparency and Campaign Finance Commission, Georgia 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 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 $1,084,145 320.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $13,773 $13,773 $13,773 320.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $19,072 $19,072 $19,072 320.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $491 $491 $0 320.4 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $233 $233 $569 320.5 Increase funds for anticipated mailing costs associated with the Georgia Government Transparency and Campaign Finance Act. State General Funds $25,000 $25,000 $25,000 320.6 Increase one-time funds for information technology upgrades to address challenges to systems due to an increase in traffic. State General Funds $250,000 $100,000 WEDNESDAY, MARCH 21, 2012 2745 320.7 Utilize up to $2,800 in existing funds to provide training for local governments and officials. (H:YES)(S:YES) State General Funds $0 $0 320.8 Utilize existing funds for a data programmer. (H:YES)(S:NO; Increase funds and utilize existing funds for a data programmer) State General Funds $0 $50,000 320.9 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,599) 320.10 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $3,570 320.11 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($842) 320.98 Change the name of the agency to the Georgia Government Transparency and Campaign Finance Commission. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 320.100-Government Transparency and Campaign Finance Commission, Georgia Appropriation (HB 742) 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 $1,142,714 $1,392,714 $1,293,688 State General Funds $1,142,714 $1,392,714 $1,293,688 TOTAL PUBLIC FUNDS $1,142,714 $1,392,714 $1,293,688 Section 43: Soil and Water Conservation Commission TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Section Total - Continuation $2,585,421 $2,585,421 $2,585,421 $2,585,421 $5,935,855 $5,935,855 $5,935,855 $5,935,855 $842,085 $842,085 $2,585,421 $2,585,421 $5,935,855 $5,935,855 $842,085 2746 JOURNAL OF THE SENATE Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,859,078 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS Section Total - Final $2,600,773 $2,600,773 $5,935,855 $5,935,855 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,874,430 $2,652,481 $2,652,481 $5,935,855 $5,935,855 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,926,138 $2,652,481 $2,652,481 $5,935,855 $5,935,855 $842,085 $36,084 $36,084 $806,001 $806,001 $495,717 $247,359 $247,359 $248,358 $248,358 $9,926,138 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 $721,339 $721,339 $721,339 $721,339 $721,339 $721,339 WEDNESDAY, MARCH 21, 2012 2747 TOTAL PUBLIC FUNDS $721,339 $721,339 $721,339 321.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $10,370 $10,370 $10,370 321.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $14,209 $14,209 $14,209 321.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,800) ($1,800) ($1,800) 321.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $202 $202 $202 321.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($281) ($281) ($281) 321.6 Increase funds for general liability premiums. State General Funds $640 $640 $640 321.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $102 $102 $102 321.100-Commission Administration Appropriation (HB 742) The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. TOTAL STATE FUNDS $744,781 $744,781 $744,781 State General Funds $744,781 $744,781 $744,781 TOTAL PUBLIC FUNDS $744,781 $744,781 $744,781 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 $233,535 $233,535 $233,535 2748 JOURNAL OF THE SENATE State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 $233,535 $1,730,528 $1,730,528 $592,251 $592,251 $592,251 $2,556,314 322.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,010 $2,010 $2,010 322.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,842 $2,842 $2,842 322.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($279) ($279) ($279) 322.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $132 $132 $132 322.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($175) ($175) ($175) 322.6 Increase funds for general liability premiums. State General Funds $148 $148 $148 322.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $24 $24 $24 322.8 Reduce funds for personnel to reflect projected expenditures. State General Funds ($20,000) $0 $0 322.9 Reduce funds for operations. State General Funds ($5,854) $0 $0 WEDNESDAY, MARCH 21, 2012 2749 322.100 -Conservation of Agricultural Water Supplies Appropriation (HB 742) 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 $212,383 $238,237 $238,237 State General Funds $212,383 $238,237 $238,237 TOTAL FEDERAL FUNDS $1,730,528 $1,730,528 $1,730,528 Federal Funds Not Itemized $1,730,528 $1,730,528 $1,730,528 TOTAL AGENCY FUNDS $592,251 $592,251 $592,251 Intergovernmental Transfers $592,251 $592,251 $592,251 Intergovernmental Transfers Not Itemized $592,251 $592,251 $592,251 TOTAL PUBLIC FUNDS $2,535,162 $2,561,016 $2,561,016 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 Contributions, Donations, and Forfeitures Contributions, Donations, and Forfeitures Not Itemized Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $1,344,676 $1,344,676 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 2750 JOURNAL OF THE SENATE FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $248,358 $2,429,733 $248,358 $2,429,733 $248,358 $2,429,733 323.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $15,567 $15,567 $15,567 323.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $23,544 $23,544 $23,544 323.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($1,024) ($1,024) ($1,024) 323.4 Increase funds to reflect an adjustment in the workers' compensation premiums. State General Funds $547 $547 $547 323.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($710) ($710) ($710) 323.6 Increase funds for general liability premiums. State General Funds $855 $855 $855 323.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $137 $137 $137 323.8 Reduce funds for personnel to reflect projected expenditures. State General Funds ($20,150) $0 $0 323.9 Reduce funds for operations. State General Funds ($5,704) $0 $0 323.100 -Conservation of Soil and Water Resources Appropriation (HB 742) 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, MARCH 21, 2012 2751 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts Federal Funds Transfers FF Water Quality Management Planning CFDA66.454 TOTAL PUBLIC FUNDS $1,357,738 $1,357,738 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,442,795 $1,383,592 $1,383,592 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,468,649 $1,383,592 $1,383,592 $339,506 $339,506 $249,834 $36,084 $36,084 $213,750 $213,750 $495,717 $247,359 $247,359 $248,358 $248,358 $2,468,649 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 FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 $123,242 $123,242 $3,865,821 $3,865,821 $3,989,063 324.100-U.S.D.A. Flood Control Watershed Structures Appropriation (HB 742) 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 $123,242 $123,242 $123,242 State General Funds $123,242 $123,242 $123,242 TOTAL FEDERAL FUNDS $3,865,821 $3,865,821 $3,865,821 Federal Funds Not Itemized $3,865,821 $3,865,821 $3,865,821 TOTAL PUBLIC FUNDS $3,989,063 $3,989,063 $3,989,063 2752 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 State General Funds TOTAL PUBLIC FUNDS $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 $162,629 325.100 -Water Resources and Land Use Planning Appropriation (HB 742) The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. TOTAL STATE FUNDS $162,629 $162,629 $162,629 State General Funds $162,629 $162,629 $162,629 TOTAL PUBLIC FUNDS $162,629 $162,629 $162,629 Section 44: State Personnel Administration 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 Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS Section Total - Continuation $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 $4,602,420 $4,530,845 $4,530,845 $71,575 $71,575 $7,892,030 $7,892,030 $7,558,600 $333,430 $12,494,450 Section Total - Final WEDNESDAY, MARCH 21, 2012 2753 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 State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 $0 $0 $1,591,242 $1,591,242 $1,591,242 $1,591,242 326.1 Eliminate funds for 17 positions. Merit System Assessments ($835,275) ($835,275) ($835,275) 326.98 Transfer funds and 10 positions from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. Merit System Assessments ($755,967) ($755,967) ($755,967) 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 Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments TOTAL PUBLIC FUNDS $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 $0 $0 $150,433 $78,858 $78,858 $71,575 $71,575 $3,530,966 $3,530,966 $3,530,966 $3,681,399 2754 JOURNAL OF THE SENATE 327.1 Eliminate funds for the payment to the State Treasury. (Total Funds: $2,447,035)(G:YES)(H:YES)(S:YES) Merit System Assessments $0 $0 $0 327.2 Eliminate funds for four positions. (G:YES)(H:YES)(S:YES) Merit System Assessments $0 $0 $0 327.97 Transfer funds and 19 positions from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. Merit System Assessments Sales and Services Not Itemized Reserved Fund Balances Not Itemized Total Public Funds: ($3,530,966) ($71,575) ($78,858) ($3,681,399) ($3,530,966) ($71,575) ($78,858) ($3,681,399) ($3,530,966) ($71,575) ($78,858) ($3,681,399) 327.98 Transfer 19 positions to the Governor's Office of Consumer Protection for Call Center support and 1-800-Georgia operations. (G:YES)(H:YES)(S:YES) Merit System Assessments $0 $0 $0 Total Compensation and Rewards Continuation Budget The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Reserved Fund Balances Reserved Fund Balances Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Merit System Assessments Merit System Training and Compensation Fees TOTAL PUBLIC FUNDS $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 $0 $0 $4,451,987 $4,451,987 $4,451,987 $1,632,599 $1,632,599 $1,604,760 $27,839 $6,084,586 328.1 Eliminate funds for 11 positions. Merit System Assessments ($935,108) ($935,108) ($935,108) WEDNESDAY, MARCH 21, 2012 2755 328.98 Transfer funds and 11 positions from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. Merit System Assessments Merit System Training and Compensation Fees Reserved Fund Balances Not Itemized Total Public Funds: ($669,652) ($27,839) ($4,451,987) ($5,149,478) ($669,652) ($27,839) ($4,451,987) ($5,149,478) ($669,652) ($27,839) ($4,451,987) ($5,149,478) 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 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $0 $0 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 $0 $0 $1,137,223 $1,137,223 $831,632 $305,591 $1,137,223 329.1 Eliminate funds for 27 positions. Merit System Assessments Merit System Training and Compensation Fees Total Public Funds: ($831,632) ($85,515) ($917,147) ($831,632) ($85,515) ($917,147) ($831,632) ($85,515) ($917,147) 329.98 Transfer funds and two positions from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. Merit System Training and Compensation Fees ($220,076) ($220,076) ($220,076) Section 45: Student Finance Commission and Authority, Georgia TOTAL STATE FUNDS State General Funds Lottery Proceeds Section Total - Continuation $649,840,771 $649,840,771 $37,102,532 $37,102,532 $612,738,239 $612,738,239 $649,840,771 $37,102,532 $612,738,239 2756 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $482,723 $482,723 $482,723 $650,323,494 $482,723 $482,723 $482,723 $650,323,494 $482,723 $482,723 $482,723 $650,323,494 TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $642,054,527 $36,216,981 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $643,636,659 $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $641,735,855 $640,153,723 $34,316,177 $605,837,546 $1,582,132 $1,582,132 $1,582,132 $641,735,855 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 State General Funds TOTAL PUBLIC FUNDS $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 $6,500,000 330.1 Increase funds to meet projected need. (H and S:Provide an equivalent benefit as the HOPE-Public program by removing books and fees. Fund enrollment in the FY2013 Amended budget based on actuals) State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: $2,065,101 $569,682 $2,634,783 $0 $569,682 $569,682 $0 $569,682 $569,682 330.100 -Accel Appropriation (HB 742) 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 $8,565,101 $6,500,000 $6,500,000 State General Funds $8,565,101 $6,500,000 $6,500,000 WEDNESDAY, MARCH 21, 2012 2757 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $569,682 $569,682 $569,682 $9,134,783 $569,682 $569,682 $569,682 $7,069,682 $569,682 $569,682 $569,682 $7,069,682 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 TOTAL PUBLIC FUNDS $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 $550,000 331.1 Increase funds to meet projected need. State General Funds $20,000 $20,000 $20,000 331.100 -Engineer Scholarship Appropriation (HB 742) 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 TOTAL PUBLIC FUNDS $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 $570,000 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 State General Funds TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 $1,094,862 2758 JOURNAL OF THE SENATE 332.100 -Georgia Military College Scholarship Appropriation (HB 742) 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 $1,094,862 $1,094,862 $1,094,862 State General Funds $1,094,862 $1,094,862 $1,094,862 TOTAL PUBLIC FUNDS $1,094,862 $1,094,862 $1,094,862 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 $800,000 333.100 -HERO Scholarship Appropriation (HB 742) 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 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 $7,770,114 $0 $7,770,114 $7,770,114 $7,770,114 $0 $7,770,114 $7,770,114 $7,770,114 $0 $7,770,114 $7,770,114 334.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Lottery Proceeds $39,267 $39,267 $39,267 WEDNESDAY, MARCH 21, 2012 2759 334.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Lottery Proceeds $57,410 $57,410 334.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. Lottery Proceeds ($8,421) ($8,421) 334.4 Increase funds to reflect an adjustment in unemployment insurance premiums. Lottery Proceeds $62,958 $62,958 334.5 Increase funds for general liability premiums. Lottery Proceeds $1,400 $1,400 334.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Lottery Proceeds ($604) ($604) $57,410 ($8,421) $62,958 $1,400 ($604) 334.100-HOPE Administration Appropriation (HB 742) 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 $7,922,124 $7,922,124 $7,922,124 Lottery Proceeds $7,922,124 $7,922,124 $7,922,124 TOTAL PUBLIC FUNDS $7,922,124 $7,922,124 $7,922,124 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 $2,957,061 $0 $2,957,061 $2,957,061 $2,957,061 $0 $2,957,061 $2,957,061 $2,957,061 $0 $2,957,061 $2,957,061 335.1 Reduce funds to meet projected need. Lottery Proceeds ($320,785) ($320,785) ($320,785) 2760 JOURNAL OF THE SENATE 335.100 -HOPE GED Appropriation (HB 742) 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 $2,636,276 $2,636,276 $2,636,276 Lottery Proceeds $2,636,276 $2,636,276 $2,636,276 TOTAL PUBLIC FUNDS $2,636,276 $2,636,276 $2,636,276 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 $130,737,363 $130,737,363 $130,737,363 $130,737,363 $130,737,363 $130,737,363 $130,737,363 $130,737,363 $130,737,363 336.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds ($18,078,738) ($18,078,738) ($18,078,738) 336.100 -HOPE Grant Appropriation (HB 742) 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 $112,658,625 $112,658,625 $112,658,625 Lottery Proceeds $112,658,625 $112,658,625 $112,658,625 TOTAL PUBLIC FUNDS $112,658,625 $112,658,625 $112,658,625 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 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 $54,501,104 WEDNESDAY, MARCH 21, 2012 2761 337.1 Reduce funds to meet projected need while maintaining the current award amount. Lottery Proceeds ($3,182,942) 337.2 Increase funds for Zell Miller Scholars. (S:Create a Zell Miller Scholarship subprogram) Lottery Proceeds $3,067,341 ($3,182,942) $3,067,341 ($3,182,942) $3,067,341 337.100-HOPE Scholarships - Private Schools Appropriation (HB 742) 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 $54,385,503 $54,385,503 $54,385,503 Lottery Proceeds $54,385,503 $54,385,503 $54,385,503 TOTAL PUBLIC FUNDS $54,385,503 $54,385,503 $54,385,503 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 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 $377,666,709 338.1 Increase funds to maintain the current award amount. Lottery Proceeds $10,040,721 338.2 Increase funds for Zell Miller Scholars. (S:Create a Zell Miller Scholarship subprogram) Lottery Proceeds $20,527,588 $10,040,721 $20,527,588 $10,040,721 $20,527,588 338.100 -HOPE Scholarships - Public Schools Appropriation (HB 742) 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 $408,235,018 $408,235,018 $408,235,018 Lottery Proceeds $408,235,018 $408,235,018 $408,235,018 TOTAL PUBLIC FUNDS $408,235,018 $408,235,018 $408,235,018 2762 JOURNAL OF THE SENATE Low Interest Loans Continuation Budget The purpose of this appropriation is to implement a needs-based low-interest loan program to assist with the affordability of a college education. The loan is forgivable for certain critical need programs. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 $20,000,000 $0 $20,000,000 $20,000,000 339.99 SAC: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college education, encourage timely persistence to the achievement of postsecondary credentials, and to incentivize loan recipients to work in public service. The loans are forgivable for recipients who work in certain critical need occupations. The purpose of this appropriation is also to provide loans for students eligible under O.C.G.A. 20-3-400.2(e.1). House: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college education, encourage timely persistence to the achievement of postsecondary credentials, and to incentivize loan recipients to work in public service. The loans are forgivable for recipients who work in certain critical need occupations. State General Funds $0 $0 339.100 -Low Interest Loans Appropriation (HB 742) The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college education, encourage timely persistence to the achievement of postsecondary credentials, and to incentivize loan recipients to work in public service. The loans are forgivable for recipients who work in certain critical need occupations. The purpose of this appropriation is also to provide loans for students eligible under O.C.G.A. 20-3-400.2(e.1). TOTAL STATE FUNDS $20,000,000 $20,000,000 $20,000,000 Lottery Proceeds $20,000,000 $20,000,000 $20,000,000 TOTAL PUBLIC FUNDS $20,000,000 $20,000,000 $20,000,000 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 $1,352,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 $1,352,800 WEDNESDAY, MARCH 21, 2012 2763 TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $482,723 $482,723 $482,723 $1,835,523 $482,723 $482,723 $482,723 $1,835,523 $482,723 $482,723 $482,723 $1,835,523 340.1 Increase funds to meet projected need. State General Funds $91,776 $91,776 340.100 -North Georgia Military Scholarship Grants Appropriation (HB 742) 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 $1,352,800 $1,444,576 $1,444,576 State General Funds $1,352,800 $1,444,576 $1,444,576 TOTAL AGENCY FUNDS $482,723 $482,723 $482,723 Intergovernmental Transfers $482,723 $482,723 $482,723 Intergovernmental Transfers Not Itemized $482,723 $482,723 $482,723 TOTAL PUBLIC FUNDS $1,835,523 $1,927,299 $1,927,299 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 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 $802,479 341.1 Increase funds to meet projected need. State General Funds $72,521 $72,521 341.100 -North Georgia ROTC Grants Appropriation (HB 742) 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. 2764 JOURNAL OF THE SENATE TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS $802,479 $802,479 $802,479 $875,000 $875,000 $875,000 $875,000 $875,000 $875,000 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 State General Funds TOTAL PUBLIC FUNDS $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 $306,761 342.1 Increase funds to meet the projected need. State General Funds $70,000 $70,000 $70,000 342.100 -Public Memorial Safety Grant Appropriation (HB 742) 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 $376,761 $376,761 $376,761 State General Funds $376,761 $376,761 $376,761 TOTAL PUBLIC FUNDS $376,761 $376,761 $376,761 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 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 $25,002,946 343.1 Reduce funds to meet projected need. WEDNESDAY, MARCH 21, 2012 2765 State General Funds 343.2 Replace funds. State General Funds Intergovernmental Transfers Not Itemized Total Public Funds: ($2,576,896) ($2,576,896) ($2,576,896) ($529,727) $529,727 $0 ($529,727) $529,727 $0 ($529,727) $529,727 $0 343.100 -Tuition Equalization Grants Appropriation (HB 742) The purpose of this appropriation is to promote the private segment of higher education in Georgia by providing non-repayable grant aid to Georgia residents who attend eligible private post-secondary institutions. TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized TOTAL PUBLIC FUNDS $21,896,323 $21,896,323 $529,727 $529,727 $529,727 $22,426,050 $21,896,323 $21,896,323 $529,727 $529,727 $529,727 $22,426,050 $21,896,323 $21,896,323 $529,727 $529,727 $529,727 $22,426,050 Zell Miller Scholars Continuation Budget The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college. TOTAL STATE FUNDS State General Funds Lottery Proceeds TOTAL PUBLIC FUNDS $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 $19,105,888 $0 $19,105,888 $19,105,888 344.1 Transfer funds from the Zell Miller Scholarship to the HOPE Scholarship Public Schools program and the HOPE Scholarship Private Schools program. Lottery Proceeds ($19,105,888) ($19,105,888) ($19,105,888) 2766 JOURNAL OF THE SENATE 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 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 $692,684 345.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $9,817 $9,817 $9,817 345.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $10,939 $10,939 $10,939 345.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $187 $187 $187 345.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($31,591) ($31,591) ($31,591) 345.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $17,804 $17,804 $17,804 345.6 Increase funds for general liability premiums. State General Funds $329 $329 $329 345.7 Increase funds for one position. State General Funds $58,486 $58,486 $58,486 345.100-Nonpublic Postsecondary Education Commission Appropriation (HB 742) 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 $758,655 $758,655 $758,655 State General Funds $758,655 $758,655 $758,655 TOTAL PUBLIC FUNDS $758,655 $758,655 $758,655 WEDNESDAY, MARCH 21, 2012 2767 Section 46: Teachers' Retirement System TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Continuation $793,000 $793,000 $793,000 $793,000 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $30,061,428 $30,061,428 $793,000 $793,000 $29,268,428 $29,268,428 $29,268,428 $30,061,428 TOTAL STATE FUNDS State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS Section Total - Final $590,000 $590,000 $29,556,278 $29,556,278 $29,556,278 $30,146,278 $590,000 $590,000 $29,556,278 $29,556,278 $29,556,278 $30,146,278 $590,000 $590,000 $29,556,278 $29,556,278 $29,556,278 $30,146,278 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 $793,000 $793,000 $793,000 346.1 Reduce funds to reflect the declining population of teachers who qualify for this benefit. State General Funds ($203,000) $793,000 $793,000 $793,000 ($203,000) $793,000 $793,000 $793,000 ($203,000) 346.100 -Floor/COLA, Local System Fund Appropriation (HB 742) 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 $590,000 $590,000 $590,000 State General Funds $590,000 $590,000 $590,000 TOTAL PUBLIC FUNDS $590,000 $590,000 $590,000 2768 JOURNAL OF THE SENATE 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 State General Funds TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 $0 $0 $29,268,428 $29,268,428 $29,268,428 $29,268,428 347.1 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Retirement Payments $530,110 $530,110 $530,110 347.2 Reduce funds for one-time computer related expenses. Retirement Payments ($242,260) ($242,260) ($242,260) 347.99 SAC: The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and processing refunds. House: The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and processing refunds. Governor: The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and processing refunds. Retirement Payments $0 $0 $0 347.100-System Administration Appropriation (HB 742) The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and processing refunds. WEDNESDAY, MARCH 21, 2012 2769 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Retirement Payments TOTAL PUBLIC FUNDS $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 $29,556,278 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.41% for State Fiscal Year 2013. Section 47: Technical College System of Georgia TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Continuation $313,270,886 $313,270,886 $313,270,886 $313,270,886 $67,104,084 $67,104,084 $67,104,084 $67,104,084 $268,710,000 $268,710,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $100,000 $100,000 $100,000 $100,000 $266,510,000 $266,510,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $1,360,000 $650,444,970 $650,444,970 $313,270,886 $313,270,886 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $650,444,970 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Intergovernmental Transfers Section Total - Final $329,570,350 $329,570,350 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $329,570,350 $329,570,350 $67,104,084 $67,104,084 $268,710,000 $2,100,000 $330,570,350 $330,570,350 $67,104,084 $67,104,084 $268,710,000 $2,100,000 2770 JOURNAL OF THE SENATE Intergovernmental Transfers Not Itemized Rebates, Refunds, and Reimbursements Rebates, Refunds, and Reimbursements Not Itemized Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $666,744,434 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $666,744,434 $2,100,000 $100,000 $100,000 $266,510,000 $266,510,000 $1,360,000 $1,360,000 $1,360,000 $667,744,434 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 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 $12,828,054 $12,828,054 $19,110,000 $19,110,000 $5,480,000 $2,100,000 $2,100,000 $3,380,000 $3,380,000 $37,418,054 348.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $269,119 $269,119 $269,119 348.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $72,865 $72,865 $72,865 348.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($224) ($224) ($224) WEDNESDAY, MARCH 21, 2012 2771 348.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,797) ($2,797) ($2,797) 348.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $344 $344 $344 348.6 Increase funds for general liability premiums. State General Funds $14,157 $14,157 $14,157 348.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($9,690) ($9,690) ($9,690) 348.8 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $61,546 $61,546 $61,546 348.9 Transfer funds and personnel to Adult Literacy from Departmental Administration program to realign the budget to the appropriate program. State General Funds Federal Funds Not Itemized Total Public Funds: $239,721 $1,337,889 $1,577,610 $239,721 $1,337,889 $1,577,610 $239,721 $1,337,889 $1,577,610 348.100 -Adult Literacy Appropriation (HB 742) 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 $13,473,095 $13,473,095 $13,473,095 State General Funds $13,473,095 $13,473,095 $13,473,095 TOTAL FEDERAL FUNDS $20,447,889 $20,447,889 $20,447,889 Federal Funds Not Itemized $20,447,889 $20,447,889 $20,447,889 TOTAL AGENCY FUNDS $5,480,000 $5,480,000 $5,480,000 Intergovernmental Transfers $2,100,000 $2,100,000 $2,100,000 Intergovernmental Transfers Not Itemized $2,100,000 $2,100,000 $2,100,000 Sales and Services $3,380,000 $3,380,000 $3,380,000 Sales and Services Not Itemized $3,380,000 $3,380,000 $3,380,000 TOTAL PUBLIC FUNDS $39,400,984 $39,400,984 $39,400,984 2772 JOURNAL OF THE SENATE 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 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 $7,635,862 $7,635,862 $1,995,084 $1,995,084 $100,000 $100,000 $100,000 $110,000 $110,000 $110,000 $9,840,946 349.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $130,786 $130,786 $130,786 349.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $124,700 $124,700 $124,700 349.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($606) ($606) ($606) 349.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,943) ($2,943) ($2,943) 349.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $265 $265 $265 349.6 Increase funds for general liability premiums. State General Funds $8,810 $8,810 $8,810 349.7 Increase funds to reflect an adjustment in PeopleSoft billings. WEDNESDAY, MARCH 21, 2012 2773 State General Funds $8,519 $8,519 $8,519 349.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($4,120) ($4,120) ($4,120) 349.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $14,626 $14,626 $14,626 349.10 Reduce funds for personnel and operations. State General Funds ($122,717) ($122,717) ($122,717) 349.11 Reduce funds for contracts. State General Funds ($30,000) ($30,000) ($30,000) 349.12 Transfer funds and administrative personnel from the Quick Start program to the Departmental Administration program. State General Funds $421,466 $421,466 $421,466 349.13 Transfer funds and personnel from the Departmental Administration program to the Adult Literacy program. State General Funds Federal Funds Not Itemized Total Public Funds: ($239,721) ($1,337,889) ($1,577,610) ($239,721) ($1,337,889) ($1,577,610) ($239,721) ($1,337,889) ($1,577,610) 349.14 Eliminate one vacant position in the Office of Communications. (G:YES)(H:YES)(S:YES) State General Funds $0 $0 $0 349.100-Departmental Administration Appropriation (HB 742) 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 $7,944,927 $7,944,927 $7,944,927 State General Funds $7,944,927 $7,944,927 $7,944,927 TOTAL FEDERAL FUNDS $657,195 $657,195 $657,195 Federal Funds Not Itemized $657,195 $657,195 $657,195 TOTAL AGENCY FUNDS $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements $100,000 $100,000 $100,000 Rebates, Refunds, and Reimbursements Not Itemized $100,000 $100,000 $100,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $110,000 $110,000 $110,000 2774 JOURNAL OF THE SENATE State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $110,000 $110,000 $8,812,122 $110,000 $110,000 $8,812,122 $110,000 $110,000 $8,812,122 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 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 $12,769,875 $12,769,875 $1,000,000 $1,000,000 $8,930,000 $8,930,000 $8,930,000 $22,699,875 350.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $119,305 $119,305 $119,305 350.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $73,698 $73,698 $73,698 350.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($4,020) ($4,020) ($4,020) 350.4 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $362 $362 $362 350.5 Increase funds for general liability premiums. State General Funds $10,354 $10,354 $10,354 350.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($5,598) ($5,598) ($5,598) WEDNESDAY, MARCH 21, 2012 2775 350.7 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $35,510 $35,510 $35,510 350.8 Transfer funds and administrative personnel from the Quick Start program to the Departmental Administration program. State General Funds ($421,466) ($421,466) ($421,466) 350.100 -Quick Start and Customized Services Appropriation (HB 742) 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 $12,578,020 $12,578,020 $12,578,020 State General Funds $12,578,020 $12,578,020 $12,578,020 TOTAL FEDERAL FUNDS $1,000,000 $1,000,000 $1,000,000 Federal Funds Not Itemized $1,000,000 $1,000,000 $1,000,000 TOTAL AGENCY FUNDS $8,930,000 $8,930,000 $8,930,000 Sales and Services $8,930,000 $8,930,000 $8,930,000 Sales and Services Not Itemized $8,930,000 $8,930,000 $8,930,000 TOTAL PUBLIC FUNDS $22,508,020 $22,508,020 $22,508,020 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 Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 $280,037,095 $280,037,095 $44,999,000 $44,999,000 $254,200,000 $254,200,000 $254,200,000 $1,250,000 $1,250,000 2776 JOURNAL OF THE SENATE Agency to Agency Contracts TOTAL PUBLIC FUNDS $1,250,000 $1,250,000 $1,250,000 $580,486,095 $580,486,095 $580,486,095 351.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $6,171,721 $6,171,721 $6,171,721 351.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $1,760,676 $1,760,676 $1,760,676 351.3 Reduce funds to reflect an adjustment in telecommunications expenses. State General Funds ($27,909) ($27,909) ($27,909) 351.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($92,464) ($92,464) ($92,464) 351.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $11,404 $11,404 $11,404 351.6 Increase funds for general liability premiums. State General Funds $307,730 $307,730 $307,730 351.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $150,820 $150,820 $150,820 351.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($322,091) ($322,091) ($322,091) 351.9 Increase funds to reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. State General Funds $1,256,131 $1,256,131 $1,256,131 351.10 Increase funds for enrollment growth based on a 6.6% increase in credit hours and a 4.5% increase in square footage. State General Funds $16,843,896 $16,843,896 $16,843,896 351.11 Reduce funds by eliminating one-time funds for the CDL Truck Driving program. State General Funds ($4,500,000) ($4,500,000) ($4,500,000) 351.12 Reduce funds to reflect FY2012 branch location closures. WEDNESDAY, MARCH 21, 2012 2777 State General Funds 351.13 Reduce funds for operations. State General Funds ($3,990,825) ($3,990,825) ($2,990,825) ($2,031,876) ($2,031,876) ($2,031,876) 351.100 -Technical Education Appropriation (HB 742) 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 $295,574,308 $295,574,308 $296,574,308 State General Funds $295,574,308 $295,574,308 $296,574,308 TOTAL FEDERAL FUNDS $44,999,000 $44,999,000 $44,999,000 Federal Funds Not Itemized $44,999,000 $44,999,000 $44,999,000 TOTAL AGENCY FUNDS $254,200,000 $254,200,000 $254,200,000 Sales and Services $254,200,000 $254,200,000 $254,200,000 Sales and Services Not Itemized $254,200,000 $254,200,000 $254,200,000 TOTAL INTRA-STATE GOVERNMENT TRANSFERS $1,250,000 $1,250,000 $1,250,000 State Funds Transfers $1,250,000 $1,250,000 $1,250,000 Agency to Agency Contracts $1,250,000 $1,250,000 $1,250,000 TOTAL PUBLIC FUNDS $596,023,308 $596,023,308 $597,023,308 Section 48: 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 Intergovernmental Transfers Not Itemized Royalties and Rents Royalties and Rents Not Itemized Section Total - Continuation $720,307,033 $720,307,033 $6,704,334 $6,704,334 $713,602,699 $713,602,699 $1,210,491,192 $1,210,491,192 $66,861,369 $66,861,369 $1,143,629,823 $1,143,629,823 $5,848,289 $5,848,289 $595,233 $595,233 $595,233 $595,233 $88,239 $88,239 $88,239 $88,239 $720,307,033 $6,704,334 $713,602,699 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 2778 JOURNAL OF THE SENATE Sales and Services Sales and Services Not Itemized TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $1,937,289,116 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 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 State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS Section Total - Final $783,848,668 $7,073,395 $776,775,273 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,000,830,751 $793,961,060 $7,185,787 $786,775,273 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,010,943,143 $794,061,060 $7,285,787 $786,775,273 $1,210,491,192 $66,861,369 $1,143,629,823 $5,848,289 $595,233 $595,233 $88,239 $88,239 $5,164,817 $5,164,817 $642,602 $642,602 $642,602 $2,011,043,143 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 $2,454,358 $2,454,358 $2,454,358 $2,454,358 $2,454,358 $2,454,358 WEDNESDAY, MARCH 21, 2012 2779 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $37,997,710 352.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $4,027 $4,027 $4,027 352.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $4,142 $4,142 $4,142 352.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($586) ($586) ($586) 352.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($57) ($57) ($57) 352.5 Increase funds for general liability premiums. State General Funds $102,673 $102,673 $102,673 352.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($320) ($320) ($320) 352.7 Reduce grant funds for airport aid projects to reflect state match requirements. (H:NO; Increase grant funds for Airport Aid projects)(S:Designate $100,000 for the Blairsville, Hampton, and North Georgia Regional Airports) State General Funds ($55,000) $45,000 $145,000 352.8 Reduce funds for personnel to reflect projected expenditures. State General Funds ($12,392) $0 $0 352.100 -Airport Aid Appropriation (HB 742) 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. 2780 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 $2,496,845 $2,496,845 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,040,197 $2,609,237 $2,609,237 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,152,589 $2,709,237 $2,709,237 $35,537,002 $35,537,002 $6,350 $6,350 $6,350 $38,252,589 Capital Construction Projects Continuation Budget The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 $198,639,678 $0 $198,639,678 $675,252,699 $675,252,699 $873,892,377 353.1 Transfer surplus funds from the Payments to the State Rail and Tollway Authority (SRTA) program to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $24,394,137 $13,015,801 $13,015,801 353.2 Transfer surplus funds for personnel from the Local Roads Assistance Administration program to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $19,622,403 $0 $0 353.3 Increase funds for contracts to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds $18,999,261 $0 $0 353.100 -Capital Construction Projects Appropriation (HB 742) The purpose of this appropriation is to provide funding for capital outlay road construction and enhancement projects on local and state road systems. WEDNESDAY, MARCH 21, 2012 2781 TOTAL STATE FUNDS State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $261,655,479 $261,655,479 $675,252,699 $675,252,699 $936,908,178 $211,655,479 $211,655,479 $675,252,699 $675,252,699 $886,908,178 $211,655,479 $211,655,479 $675,252,699 $675,252,699 $886,908,178 Capital Maintenance Projects Continuation Budget The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 $26,154,596 $0 $26,154,596 $128,218,385 $128,218,385 $154,372,981 354.1 Increase funds for contracts to maintain state assets. State Motor Fuel Funds $34,405,554 $34,405,554 $34,405,554 354.100 -Capital Maintenance Projects Appropriation (HB 742) The purpose of this appropriation is to provide funding for capital outlay for maintenance projects. TOTAL STATE FUNDS $60,560,150 $60,560,150 $60,560,150 State Motor Fuel Funds $60,560,150 $60,560,150 $60,560,150 TOTAL FEDERAL FUNDS $128,218,385 $128,218,385 $128,218,385 Federal Highway Admin.-Planning & Construction CFDA20.205 $128,218,385 $128,218,385 $128,218,385 TOTAL PUBLIC FUNDS $188,778,535 $188,778,535 $188,778,535 Construction Administration 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 $24,357,642 $24,357,642 $24,357,642 2782 JOURNAL OF THE SENATE 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 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 $0 $24,357,642 $64,892,990 $64,892,990 $165,000 $165,000 $165,000 $89,415,632 355.1 Transfer funds from Capital Construction Projects program to Construction Administration program. State Motor Fuel Funds $50,000,000 $25,000,000 355.100-Construction Administration Appropriation (HB 742) 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 $74,357,642 $49,357,642 State Motor Fuel Funds $24,357,642 $74,357,642 $49,357,642 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 $139,415,632 $114,415,632 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 $2,804,774 $0 $2,804,774 $8,270,257 $2,804,774 $0 $2,804,774 $8,270,257 $2,804,774 $0 $2,804,774 $8,270,257 WEDNESDAY, MARCH 21, 2012 2783 Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 $8,270,257 $62,257 $62,257 $62,257 $11,137,288 356.100-Data Collection, Compliance and Reporting Appropriation (HB 742) 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 provide administrative support for all programs of the department. 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 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $0 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 357.99 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, airports, railroads, and waterways. 2784 JOURNAL OF THE SENATE 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, 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, airports, railroads, and waterways. State General Funds $0 $0 $0 357.100-Departmental Administration Appropriation (HB 742) 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, airports, railroads, and waterways. TOTAL STATE FUNDS State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $51,083,000 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 $51,083,000 $51,083,000 $10,839,823 $10,839,823 $898,970 $898,970 $898,970 $62,821,793 Local Maintenance and Improvement Grants Continuation Budget The purpose of this appropriation is to provide 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 PUBLIC FUNDS $100,642,250 $0 $100,642,250 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 $100,642,250 $0 $100,642,250 $100,642,250 358.1 Increase funds for local road improvement grants. State Motor Fuel Funds $10,000,000 $10,000,000 358.99 SAC: 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. WEDNESDAY, MARCH 21, 2012 2785 House: 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. Governor: 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. State General Funds $0 $0 $0 358.100 -Local Maintenance and Improvement Grants Appropriation (HB 742) 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. TOTAL STATE FUNDS $100,642,250 $110,642,250 $110,642,250 State Motor Fuel Funds $100,642,250 $110,642,250 $110,642,250 TOTAL PUBLIC FUNDS $100,642,250 $110,642,250 $110,642,250 Local Road Assistance Administration Continuation Budget The purpose of this appropriation is to provide administrative and technical 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 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 $36,476,968 $0 $36,476,968 $32,758,670 $32,758,670 $595,233 $595,233 $595,233 $69,830,871 359.1 Transfer surplus funds for personnel from the Local Roads Assistance Administration program to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds ($19,622,403) ($19,622,403) ($19,622,403) 359.99 SAC: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. 2786 JOURNAL OF THE SENATE House: 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. Governor: The purpose of this appropriation is to provide technical and financial assistance to local governments for construction, maintenance, and resurfacing of local roads and bridges. State General Funds $0 $0 $0 359.100 -Local Road Assistance Administration Appropriation (HB 742) 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 $16,854,565 $16,854,565 $16,854,565 State Motor Fuel Funds $16,854,565 $16,854,565 $16,854,565 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 $50,208,468 $50,208,468 $50,208,468 Planning Continuation Budget 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 State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 $3,756,074 $0 $3,756,074 $14,683,804 $14,683,804 $18,439,878 360.1 Increase funds for a pilot bridge capacity monitoring project. State Motor Fuel Funds $350,000 WEDNESDAY, MARCH 21, 2012 2787 360.100 -Planning Appropriation (HB 742) 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 $3,756,074 $3,756,074 $4,106,074 State Motor Fuel Funds $3,756,074 $3,756,074 $4,106,074 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 $18,439,878 $18,439,878 $18,789,878 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 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 $698,744 361.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $2,441 $2,441 $2,441 361.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $2,821 $2,821 $2,821 361.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($399) ($399) ($399) 361.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($39) ($39) ($39) 361.5 Increase funds for general liability premiums. State General Funds $69,915 $69,915 $69,915 361.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. 2788 JOURNAL OF THE SENATE State General Funds 361.7 Increase funds for increased tax assessments. State General Funds 361.8 Reduce funds for personnel to reflect projected expenditures. State General Funds ($218) $235,000 ($66,453) ($218) $235,000 ($66,453) ($218) $235,000 ($66,453) 361.100 -Ports and Waterways Appropriation (HB 742) 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 $941,812 $941,812 $941,812 State General Funds $941,812 $941,812 $941,812 TOTAL PUBLIC FUNDS $941,812 $941,812 $941,812 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 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 $174,707 $174,707 $88,239 $88,239 $88,239 $262,946 362.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $1,916 $1,916 $1,916 362.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $3,127 $3,127 $3,127 362.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. WEDNESDAY, MARCH 21, 2012 2789 State General Funds ($442) ($442) 362.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($43) ($43) 362.5 Increase funds for general liability premiums. State General Funds $77,511 $77,511 362.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($242) ($242) 362.7 Transfer funds and two positions from the Transit program to the Rail program for project management. State General Funds $100,357 $100,357 ($442) ($43) $77,511 ($242) $100,357 362.100 -Rail Appropriation (HB 742) 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 $356,891 $356,891 $356,891 State General Funds $356,891 $356,891 $356,891 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 $445,130 $445,130 $445,130 Routine 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 $163,301,045 $0 $163,301,045 $24,886,452 $163,301,045 $0 $163,301,045 $24,886,452 $163,301,045 $0 $163,301,045 $24,886,452 2790 JOURNAL OF THE SENATE Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL INTRA-STATE GOVERNMENT TRANSFERS State Funds Transfers Agency to Agency Contracts TOTAL PUBLIC FUNDS $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 $24,886,452 $642,602 $642,602 $642,602 $188,830,099 363.1 Increase funds for operations. State Motor Fuel Funds $9,767,759 $9,767,759 $9,767,759 363.100 -Routine Maintenance Appropriation (HB 742) 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 $173,068,804 $173,068,804 $173,068,804 State Motor Fuel Funds $173,068,804 $173,068,804 $173,068,804 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 Agency to Agency Contracts $642,602 $642,602 $642,602 TOTAL PUBLIC FUNDS $198,597,858 $198,597,858 $198,597,858 Traffic Management and Control 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 $19,640,861 $0 $19,640,861 $19,640,861 $0 $19,640,861 $19,640,861 $0 $19,640,861 WEDNESDAY, MARCH 21, 2012 2791 TOTAL FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 $35,670,542 $35,670,542 $4,026,240 $4,026,240 $4,026,240 $59,337,643 364.100-Traffic Management and Control Appropriation (HB 742) 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 preserve and enhance the state's urban and rural public transit programs by providing financial and technical assistance to Georgia's transit systems. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 $3,376,525 $3,376,525 $31,324,367 $31,324,367 $6,000 $6,000 $6,000 $34,706,892 2792 JOURNAL OF THE SENATE 365.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $20,542 $20,542 $20,542 365.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $18,064 $18,064 $18,064 365.3 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($2,555) ($2,555) ($2,555) 365.4 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($250) ($250) ($250) 365.5 Increase funds for general liability premiums. State General Funds $447,729 $447,729 $447,729 365.6 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($1,399) ($1,399) ($1,399) 365.7 Reduce funds for metropolitan transit planning contracts. State General Funds ($80,452) ($80,452) ($80,452) 365.8 Reduce funds for grants to large urbanized area transit systems. State General Funds ($400,000) ($400,000) ($400,000) 365.9 Transfer funds and two positions from the Transit program to the Rail program for project management. State General Funds ($100,357) ($100,357) ($100,357) 365.100 -Transit Appropriation (HB 742) 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 $3,277,847 $3,277,847 $3,277,847 State General Funds $3,277,847 $3,277,847 $3,277,847 TOTAL FEDERAL FUNDS $31,324,367 $31,324,367 $31,324,367 Federal Funds Not Itemized $31,324,367 $31,324,367 $31,324,367 TOTAL AGENCY FUNDS $6,000 $6,000 $6,000 Sales and Services $6,000 $6,000 $6,000 WEDNESDAY, MARCH 21, 2012 2793 Sales and Services Not Itemized TOTAL PUBLIC FUNDS $6,000 $34,608,214 $6,000 $34,608,214 $6,000 $34,608,214 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 FEDERAL FUNDS Federal Highway Admin.-Planning & Construction CFDA20.205 TOTAL PUBLIC FUNDS $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 $86,745,811 $0 $86,745,811 $148,156,201 $148,156,201 $234,902,012 366.1 Transfer surplus funds from the Payments to the State Rail and Tollway Authority (SRTA) program to the Capital Construction Projects program for capital outlay projects. State Motor Fuel Funds ($24,394,137) ($24,394,137) ($24,394,137) 366.100 -Payments to the State Road and Tollway Authority Appropriation (HB 742) 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 $62,351,674 $62,351,674 $62,351,674 State Motor Fuel Funds $62,351,674 $62,351,674 $62,351,674 TOTAL FEDERAL FUNDS $148,156,201 $148,156,201 $148,156,201 Federal Highway Admin.-Planning & Construction CFDA20.205 $148,156,201 $148,156,201 $148,156,201 TOTAL PUBLIC FUNDS $210,507,875 $210,507,875 $210,507,875 Economic Development Infrastructure Grants Continuation Budget TOTAL STATE FUNDS $0 State General Funds $0 888.1 Increase funds for infrastructure grants needed for economic development projects. 2794 JOURNAL OF THE SENATE State Motor Fuel Funds $24,650,000 888.99 SAC: The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. State General Funds $0 888.100-Economic Development Infrastructure Grants Appropriation (HB 742) The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. TOTAL STATE FUNDS $24,650,000 State Motor Fuel Funds $24,650,000 TOTAL PUBLIC FUNDS $24,650,000 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 the State Treasurer, attached agency 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.) 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. d.) 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. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses. Section 49: Veterans Service, Department of TOTAL STATE FUNDS State General Funds Section Total - Continuation $20,536,594 $20,536,594 $20,536,594 $20,536,594 $20,536,594 $20,536,594 WEDNESDAY, MARCH 21, 2012 2795 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $18,178,053 $18,178,053 $38,714,647 $18,178,053 $18,178,053 $38,714,647 $18,178,053 $18,178,053 $38,714,647 TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010 $20,429,441 $20,429,441 $18,260,569 $18,260,569 $38,690,010 $20,477,245 $20,477,245 $18,212,765 $18,212,765 $38,690,010 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 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 $1,283,421 367.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $16,219 $16,219 $16,219 367.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $13,824 $13,824 $13,824 367.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $37,493 $37,493 $37,493 367.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,397) ($1,397) ($1,397) 367.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds ($686) ($686) ($686) 367.6 Increase funds for general liability premiums. 2796 JOURNAL OF THE SENATE State General Funds $499 $499 367.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $2,232 $2,232 367.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($421) ($421) 367.9 Reduce funds for contracts. State General Funds ($1,200) ($1,200) 367.10 Transfer funds for rental expenses from Georgia War Veterans Nursing Home-Milledgeville. State General Funds $21,268 $21,268 367.11 Transfer funds for telecommunications expenses from Georgia War Veterans Nursing Home- Augusta. State General Funds $6,900 $6,900 $499 $2,232 ($421) ($1,200) $21,268 $6,900 367.100-Departmental Administration Appropriation (HB 742) 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 $1,378,152 $1,378,152 $1,378,152 State General Funds $1,378,152 $1,378,152 $1,378,152 TOTAL PUBLIC FUNDS $1,378,152 $1,378,152 $1,378,152 Georgia Veterans Memorial Cemetery Continuation Budget 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 State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $562,906 $562,906 $35,700 $35,700 $598,606 $562,906 $562,906 $35,700 $35,700 $598,606 $562,906 $562,906 $35,700 $35,700 $598,606 368.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $9,004 $9,004 $9,004 WEDNESDAY, MARCH 21, 2012 2797 368.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $11,059 $11,059 $11,059 368.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $4,687 $4,687 $4,687 368.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($171) ($171) ($171) 368.5 Increase funds for general liability premiums. State General Funds $400 $400 $400 368.6 Replace funds for veterans burials. State General Funds Federal Funds Not Itemized Total Public Funds: ($142,304) $142,304 $0 ($142,304) $142,304 $0 ($94,500) $94,500 $0 368.7 Transfer funds for energy expenses and personnel from the Georgia War Veterans Nursing Home- Milledgeville program to the Georgia Veterans Memorial Cemetery program. State General Funds $35,898 $35,898 $35,898 368.8 Transfer funds for telecommunications expenses from the Georgia War Veterans Nursing Home- Augusta program to the Georgia Veterans Memorial Cemetery program. State General Funds $3,475 $3,475 $3,475 368.100-Georgia Veterans Memorial Cemetery Appropriation (HB 742) 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 $484,954 $484,954 $532,758 State General Funds $484,954 $484,954 $532,758 TOTAL FEDERAL FUNDS $178,004 $178,004 $130,200 Federal Funds Not Itemized $178,004 $178,004 $130,200 TOTAL PUBLIC FUNDS $662,958 $662,958 $662,958 2798 JOURNAL OF THE SENATE Georgia War Veterans Nursing Home - Augusta Continuation Budget The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia Veterans and to serve as a teaching facility for the Medical College of Georgia. TOTAL STATE FUNDS State General Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 $5,178,767 $5,178,767 $5,287,931 $5,287,931 $10,466,698 369.1 Reduce funds due to lowered average daily patient census. State General Funds Federal Funds Not Itemized Total Public Funds: ($93,528) ($1,883) ($95,411) ($93,528) ($1,883) ($95,411) ($93,528) ($1,883) ($95,411) 369.2 Transfer funds from the Georgia War Veterans Nursing Home- Augusta program to the Departmental Administration ($6,900), Georgia Veterans Memorial Cemetery ($3,475), and Veterans Benefits ($39,500) programs. State General Funds ($49,875) ($49,875) ($49,875) 369.100 -Georgia War Veterans Nursing Home - Augusta Appropriation (HB 742) 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 $5,035,364 $5,035,364 $5,035,364 State General Funds $5,035,364 $5,035,364 $5,035,364 TOTAL FEDERAL FUNDS $5,286,048 $5,286,048 $5,286,048 Federal Funds Not Itemized $5,286,048 $5,286,048 $5,286,048 TOTAL PUBLIC FUNDS $10,321,412 $10,321,412 $10,321,412 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 $8,064,293 $8,064,293 $8,064,293 $8,064,293 $8,064,293 $8,064,293 WEDNESDAY, MARCH 21, 2012 2799 TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $8,230,982 $8,230,982 $16,295,275 $8,230,982 $8,230,982 $16,295,275 $8,230,982 $8,230,982 $16,295,275 370.1 Reduce funds due to lowered average daily patient census. State General Funds Federal Funds Not Itemized Total Public Funds: ($172,700) ($57,905) ($230,605) ($172,700) ($57,905) ($230,605) ($172,700) ($57,905) ($230,605) 370.2 Transfer funds from the Georgia War Veterans Nursing Home - Milledgeville program to the Departmental Administration ($21,268) and Georgia Veterans Memorial Cemetery ($35,898) programs. State General Funds ($57,166) ($57,166) ($57,166) 370.100 -Georgia War Veterans Nursing Home - Milledgeville Appropriation (HB 742) The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. TOTAL STATE FUNDS $7,834,427 $7,834,427 $7,834,427 State General Funds $7,834,427 $7,834,427 $7,834,427 TOTAL FEDERAL FUNDS $8,173,077 $8,173,077 $8,173,077 Federal Funds Not Itemized $8,173,077 $8,173,077 $8,173,077 TOTAL PUBLIC FUNDS $16,007,504 $16,007,504 $16,007,504 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 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 $5,447,207 $5,447,207 $4,623,440 $4,623,440 $10,070,647 2800 JOURNAL OF THE SENATE 371.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $67,656 $67,656 $67,656 371.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $113,360 $113,360 $113,360 371.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $35,930 $35,930 $35,930 371.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($1,840) ($1,840) ($1,840) 371.5 Reduce funds to reflect an adjustment in unemployment insurance premiums. State General Funds 371.6 Increase funds for general liability premiums. State General Funds ($910) $4,093 ($910) $4,093 ($910) $4,093 371.7 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($7,452) ($7,452) ($7,452) 371.8 Reduce funds for contracts. State General Funds ($1,000) ($1,000) ($1,000) 371.9 Transfer funds for telecommunications expenses from the Georgia War Veterans Nursing Home-Augusta program to the Veterans Benefits program. State General Funds $39,500 $39,500 $39,500 371.100 -Veterans Benefits Appropriation (HB 742) 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 $5,696,544 $5,696,544 $5,696,544 State General Funds $5,696,544 $5,696,544 $5,696,544 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 $10,319,984 $10,319,984 $10,319,984 WEDNESDAY, MARCH 21, 2012 2801 Section 50: Workers' Compensation, State Board of TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $21,460,870 $21,460,870 $21,460,870 $21,460,870 $523,832 $523,832 $523,832 $523,832 $523,832 $523,832 $21,984,702 $21,984,702 $21,460,870 $21,460,870 $523,832 $523,832 $523,832 $21,984,702 TOTAL STATE FUNDS State General Funds TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS Section Total - Final $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007 $21,955,175 $21,955,175 $523,832 $523,832 $523,832 $22,479,007 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 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 $10,891,055 $10,891,055 $458,353 $458,353 $458,353 $11,349,408 372.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $157,981 $157,981 $157,981 372.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $166,625 $166,625 $166,625 2802 JOURNAL OF THE SENATE 372.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $40,208 $40,208 372.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($13,470) ($13,470) 372.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $3,607 $3,607 372.6 Increase funds for general liability premiums. State General Funds $7,022 $7,022 372.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $1,314 $1,314 372.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($6,822) ($6,822) $40,208 ($13,470) $3,607 $7,022 $1,314 ($6,822) 372.100 -Administer the Workers' Compensation Laws Appropriation (HB 742) The purpose of this appropriation is to provide exclusive remedy for resolution of disputes in the Georgia Workers' Compensation law. TOTAL STATE FUNDS $11,247,520 $11,247,520 $11,247,520 State General Funds $11,247,520 $11,247,520 $11,247,520 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 $11,705,873 $11,705,873 $11,705,873 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 $10,569,815 $10,569,815 $65,479 $10,569,815 $10,569,815 $65,479 $10,569,815 $10,569,815 $65,479 WEDNESDAY, MARCH 21, 2012 2803 Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $65,479 $65,479 $10,635,294 $65,479 $65,479 $10,635,294 $65,479 $65,479 $10,635,294 373.1 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. State General Funds $27,203 $27,203 $27,203 373.2 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. State General Funds $92,879 $92,879 $92,879 373.3 Increase funds to reflect an adjustment in telecommunications expenses. State General Funds $22,412 $22,412 $22,412 373.4 Reduce funds to reflect an adjustment in the workers' compensation premiums. State General Funds ($7,509) ($7,509) ($7,509) 373.5 Increase funds to reflect an adjustment in unemployment insurance premiums. State General Funds $2,011 $2,011 $2,011 373.6 Increase funds for general liability premiums. State General Funds $3,914 $3,914 $3,914 373.7 Increase funds to reflect an adjustment in PeopleSoft billings. State General Funds $732 $732 $732 373.8 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State General Funds ($3,802) ($3,802) ($3,802) 373.100 -Board Administration Appropriation (HB 742) 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 $10,707,655 $10,707,655 $10,707,655 $10,707,655 $10,707,655 $10,707,655 2804 JOURNAL OF THE SENATE TOTAL AGENCY FUNDS Sales and Services Sales and Services Not Itemized TOTAL PUBLIC FUNDS $65,479 $65,479 $65,479 $10,773,134 $65,479 $65,479 $65,479 $10,773,134 $65,479 $65,479 $65,479 $10,773,134 Section 51: State of Georgia General Obligation Debt Sinking Fund TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS Section Total - Continuation $1,065,192,429 $1,065,192,429 $871,557,833 $871,557,833 $193,634,596 $193,634,596 $11,353,993 $11,353,993 $11,353,993 $11,353,993 $1,076,546,422 $1,076,546,422 $1,065,192,429 $871,557,833 $193,634,596 $11,353,993 $11,353,993 $1,076,546,422 Section Total - Final TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $1,129,800,503 $936,926,442 $192,874,061 $11,353,993 $11,353,993 $1,141,154,496 $1,121,717,690 $938,843,629 $182,874,061 $11,353,993 $11,353,993 $1,133,071,683 $1,125,814,863 $942,940,802 $182,874,061 $11,353,993 $11,353,993 $1,137,168,856 General Obligation Debt Sinking Fund - Issued Continuation Budget TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS $996,364,333 $802,729,737 $193,634,596 $11,353,993 $11,353,993 $1,007,718,326 $996,364,333 $802,729,737 $193,634,596 $11,353,993 $11,353,993 $1,007,718,326 $996,364,333 $802,729,737 $193,634,596 $11,353,993 $11,353,993 $1,007,718,326 WEDNESDAY, MARCH 21, 2012 2805 374.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds $68,828,096 $68,828,096 $68,828,096 374.2 Reduce funds for debt service to capture savings associated with favorable rates received with the bond sale. State General Funds ($14,139,793) ($11,190,588) ($11,190,588) 374.3 Increase funds. State General Funds $6,457,110 $228,179 $0 374.4 Reduce funds for debt service. State Motor Fuel Funds ($760,535) ($10,760,535) ($10,760,535) 374.5 Repeal the authorization of $10,000,000 in 20-year bonds for the College Football Hall of Fame from FY2011 (HB948). State General Funds ($872,000) ($872,000) 374.6 Repeal the authorization of $5,000,000 in 20-year bonds for the Georgia World Congress Center expanded parking facility and related improvements from FY2012 (HB78). State General Funds ($454,000) ($454,000) 374.100 -General Obligation Debt Sinking Fund - Issued TOTAL STATE FUNDS State General Funds State Motor Fuel Funds TOTAL FEDERAL FUNDS Federal Funds Not Itemized TOTAL PUBLIC FUNDS General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 742) $1,056,749,211 $863,875,150 $192,874,061 $11,353,993 $11,353,993 $1,068,103,204 $1,042,143,485 $859,269,424 $182,874,061 $11,353,993 $11,353,993 $1,053,497,478 $1,041,915,306 $859,041,245 $182,874,061 $11,353,993 $11,353,993 $1,053,269,299 Continuation Budget $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 $68,828,096 2806 JOURNAL OF THE SENATE Total Debt Service 5 year at 5% State General Funds 10 year at 5.27% State General Funds 20 year at 5.75% State General Funds Total Amount State General Funds Total Principal Amount 5 year at 5% State General Funds 10 year at 5.27% State General Funds 20 year at 5.75% State General Funds Total Amount State General Funds $18,429,180 $19,952,625 $20,386,905 $4,106,560 $4,106,560 $3,450,560 $50,515,552 $55,515,020 $60,062,092 $73,051,292 $79,574,205 $83,899,557 $79,780,000 $86,375,000 $88,255,000 $31,300,000 $31,300,000 $26,300,000 $588,920,000 $647,325,000 $700,445,000 $700,000,000 $765,000,000 $815,000,000 375.1 Transfer funds from GO Bonds New to GO Bonds Issued to reflect the issuance of new bonds. State General Funds ($68,828,096) ($68,828,096) ($68,828,096) 375.100 -General Obligation Debt Sinking Fund - New TOTAL STATE FUNDS State General Funds TOTAL PUBLIC FUNDS Appropriation (HB 742) $0 $0 $0 $0 $0 $0 $0 $0 $0 WEDNESDAY, MARCH 21, 2012 2807 Corrections, Department of 375.101 BOND: GDC multi-projects: $4,570,000 in principal for 5 years at 5%: Purchase 187 replacement vehicles. From State General Funds, $1,055,670 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 $4,570,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,055,670 $1,055,670 $1,055,670 Corrections, Department of 375.102 BOND: GDC multi-projects: $2,810,000 in principal for 5 years at 5%: Implement enhanced cell phone interdiction measures statewide. From State General Funds, $649,110 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $649,110 $649,110 $649,110 Corrections, Department of 375.103 BOND: GDC multi-projects: $3,000,000 in principal for 20 years at 5.75%: Fund major facility repairs and improvements statewide. (S:Utilize sold and unsold MRR bonds before authorizing new bonds) From State General Funds, $256,800 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 $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 $428,000 $428,000 $256,800 Corrections, Department of 375.104 BOND: GDC multi-projects: $2,000,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. From State General Funds, $462,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, 2808 JOURNAL OF THE SENATE enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 $462,000 $462,000 $462,000 Defense, Department of 375.111 BOND: Defense Multi-projects: $750,000 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide and match federal funds. From State General Funds, $173,250 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 $173,250 $173,250 $173,250 Investigation, Georgia Bureau of 375.121 BOND: GBI Multi-Projects: $800,000 in principal for 5 years at 5%: Complete an FCC narrowband compliant Law Enforcement Dispatch and Communication System. From State General Funds, $184,800 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 $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 $184,800 $184,800 $184,800 Investigation, Georgia Bureau of 375.122 BOND: GBI Multi-Projects: $350,000 in principal for 20 years at 5.75%: Fund major facility renovations and improvements statewide. From State General Funds, $29,960 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 WEDNESDAY, MARCH 21, 2012 2809 $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $29,960 $29,960 $29,960 Investigation, Georgia Bureau of 375.123 BOND: GBI Multi-Projects: $695,000 in principal for 5 years at 5%: Purchase crime scene investigative equipment. From State General Funds, $160,545 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 $695,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $160,545 $160,545 $160,545 Juvenile Justice, Department of 375.131 BOND: DJJ Multi-Projects: $0 in principal for 5 years at 5%: Fund facility repairs and sustainment statewide. (S:Utilize sold and unsold MRR bonds before authorizing new bonds) State General Funds $713,790 $713,790 $0 Juvenile Justice, Department of 375.132 BOND: DJJ Multi-Projects: $0 in principal for 20 years at 5.75%: Fund major facility renovations and improvements statewide. (S:Utilize sold and unsold MRR bonds before authorizing new bonds) State General Funds $281,196 $281,196 $0 Juvenile Justice, Department of 375.133 BOND: Sumter Youth Development Campus: $2,350,000 in principal for 20 years at 5.75%: Fund renovations for security hardening for Building #7. From State General Funds, $201,160 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 $2,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $201,160 $201,160 $201,160 2810 JOURNAL OF THE SENATE Public Safety, Department of 375.141 BOND: Patrol Posts Various: $2,400,000 in principal for 5 years at 5%: Purchase 100 law enforcement patrol vehicles statewide. From State General Funds, $554,400 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $554,400 $554,400 $554,400 Public Safety, Department of 375.142 BOND: Patrol Posts Various: $4,000,000 in principal for 10 years at 5.27%: Purchase two helicopters statewide. From State General Funds, $524,800 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $524,800 $524,800 $524,800 Public Safety, Department of 375.143 BOND: Public Safety Training Center: $2,200,000 in principal for 20 years at 5.75%: Fund major facility repairs, renovations, and construction. From State General Funds, $188,320 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 $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $188,320 $377,496 $188,320 Public Safety, Department of 375.144 BOND: Public Safety Training Center: $0 in principal for 5 years at 5%: Purchase equipment. State General Funds $51,975 $0 WEDNESDAY, MARCH 21, 2012 2811 Community Affairs, Department of 375.191 BOND: Reservoirs: $15,000,000 in principal for 20 years at 5.75%: Fund reservoirs statewide. From State General Funds, $1,284,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 $2,140,000 $1,712,000 $1,284,000 Community Affairs, Department of 375.192 BOND: Department of Community Affairs: $850,000 in principal for 5 years at 5%: Purchase urban forest interface equipment statewide. From State General Funds, $196,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $850,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $196,350 $196,350 Environmental Finance Authority, Georgia 375.201 BOND: Local Government Infrastructure: $22,250,000 in principal for 20 years at 5.75%: Capitalize the State Funded Water and Sewer Construction Loan Program. From State General Funds, $1,904,600 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $22,250,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,904,600 $1,904,600 $1,904,600 Environmental Finance Authority, Georgia 375.202 BOND: Local Government Infrastructure: $4,800,000 in principal for 20 years at 5.75%: Fund the state match for the federal Clean Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $410,880 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or 2812 JOURNAL OF THE SENATE sewerage facilities or systems, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $410,880 $410,880 $410,880 Environmental Finance Authority, Georgia 375.203 BOND: Local Government Infrastructure: $4,800,000 in principal for 20 years at 5.75%: Fund the state match for the federal Drinking Water State Revolving Fund Water and Sewer Construction Loan Program. From State General Funds, $410,880 is specifically appropriated for the Georgia Environmental Finance 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 $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $410,880 $410,880 $410,880 Environmental Finance Authority, Georgia 375.204 BOND: Local Government Infrastructure: $20,750,000 in principal for 20 years at 5.75%: Fund Water Supply and Reservoir Construction Loan Program. From State General Funds, $1,776,200 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,776,200 $1,776,200 $1,776,200 Economic Development, Department of 375.211 BOND: Georgia World Congress Center: $3,370,000 in principal for 20 years at 5.75%: Fund renovations and upgrades at Building B. From State General Funds, $288,472 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $3,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $288,472 $288,472 $288,472 Economic Development, Department of 375.212 BOND: Georgia World Congress Center: $15,000,000 in principal for 20 years at 5.75%: Fund land acquisition. From State General Funds, $1,362,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Economic Development for the purpose of financing projects and facilities for the WEDNESDAY, MARCH 21, 2012 2813 Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, $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 $1,362,000 $1,362,000 $1,362,000 Ports Authority, Georgia 375.221 BOND: Ports Authority: $46,700,000 in principal for 20 years at 5.75%: Fund the Savannah Harbor Deepening Project. From State General Funds, $3,997,520 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 $46,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,997,520 $3,997,520 $3,997,520 Transportation, Department of 375.231 BOND: Rail Lines: $1,470,000 in principal for 20 years at 5.75%: Fund upgrades and maintenance at the Riceboro Southern Bridge and GSWR and CCKY Railroad Grade Crossing Signal Crossbucks. From State General Funds, $125,832 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 $1,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $125,832 Education, Department of 375.301 BOND: K - 12 Schools: $56,320,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular for local school construction. (H and S:Provide funds for the Regular Capital Outlay Program and adjust funding for systems that have withdrawn projects) From State General Funds, $4,820,992 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 $56,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,886,048 $4,820,992 $4,820,992 2814 JOURNAL OF THE SENATE Education, Department of 375.302 BOND: K - 12 Schools: $25,730,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Exceptional Growth for local school construction. (H and S:Provide funds for the Exceptional Growth Capital Outlay Program and fund at the 40% authorization level) From State General Funds, $2,202,488 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 $25,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,202,488 $2,202,488 $2,202,488 Education, Department of 375.303 BOND: K - 12 Schools: $29,490,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Regular Advance for local school construction. (H and S:Provide funds for the Regular Advance Capital Outlay Program and adjust funding for systems that have withdrawn projects) From State General Funds, $2,524,344 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 $29,490,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $3,570,376 $2,524,344 $2,524,344 Education, Department of 375.304 BOND: K - 12 Schools: $14,115,000 in principal for 20 years at 5.75%: Fund the Capital Outlay Program-Low Wealth for local school construction. From State General Funds, $1,208,244 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 $14,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,208,244 $1,208,244 $1,208,244 Education, Department of 375.305 BOND: K - 12 Schools: $9,430,000 in principal for 5 years at 5%: Purchase vocational equipment statewide. From State General Funds, $2,178,330 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 $9,430,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,178,330 $2,178,330 $2,178,330 WEDNESDAY, MARCH 21, 2012 2815 Education, Department of 375.306 BOND: State Schools: $4,720,000 in principal for 20 years at 5.75%: Fund major facility renovations and improvements at state schools. From State General Funds, $404,032 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 $4,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $404,032 $404,032 $404,032 Education, Department of 375.307 BOND: K - 12 Equipment: $20,000,000 in principal for 10 years at 5.27%: Purchase 320 school buses statewide. (H:Purchase 328 school buses statewide)(S:Purchase 262 school buses statewide) From State General Funds, $2,624,000 is specifically appropriated for the purpose of financing educational facilities for county and independent school systems through the State Board of Education ( Department of Education ) through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $3,280,000 $3,280,000 $2,624,000 Education, Department of 375.308 BOND: DOE Locations Statewide: $2,065,000 in principal for 20 years at 5.75%: Fund roof replacement at the FFA/FCCLA center in Covington and renovations and a new activity center at Camp John Hope in Fort Valley. From State General Funds, $176,764 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 $2,065,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $176,764 $176,764 Building Authority, Georgia 375.411 BOND: GBA multi-projects: $2,200,000 in principal for 20 years at 5.75%: Fund facility improvements and renovations. From State General Funds, $188,320 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, 2816 JOURNAL OF THE SENATE 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 240 months. State General Funds $188,320 $188,320 $188,320 Building Authority, Georgia 375.412 BOND: Fort McPherson - GBA: $5,000,000 in principal for 20 years at 5.75%: Purchase Reserve Command Building. (H:Provide $10,000,000 for purchase, plan, and design)(S:Provide $5,000,000 for purchase, plan, and design) From State General Funds, $428,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,092,064 $856,000 $428,000 Revenue, Department of 375.421 BOND: Tax System: $1,100,000 in principal for 5 years at 5%: Replace the primary image repository hardware infrastructure. From State General Funds, $254,100 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $254,100 $254,100 $254,100 Revenue, Department of 375.422 BOND: Tax System: $0 in principal for 5 years at 5%: Continue implementation of the Integrated Tax System. State General Funds $258,720 $258,720 $0 Revenue, Department of 375.423 BOND: Tax System: $1,350,000 in principal for 5 years at 5%: Replace scanners, shredders, and servers. From State General Funds, $311,850 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, WEDNESDAY, MARCH 21, 2012 2817 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $311,850 $311,850 $311,850 Behavioral Health and Developmental Disabilities, Department of 375.501 BOND: Atlanta Regional Hospital: $0 in principal for 20 years at 5.75%: Renovate Building #8 to serve as a treatment center. (S:Redirect sold but unused bonds for this project) State General Funds $214,856 $214,856 $0 Veterans Service, Department of 375.521 BOND: Georgia War Veterans Nursing Homes, Various: $225,000 in principal for 20 years at 5.75%: Fund facility renovations. From State General Funds, $19,260 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 $225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $19,260 $19,260 $19,260 University System of Georgia, Board of Regents 375.601 BOND: Abraham Baldwin Agricultural College: $1,500,000 in principal for 5 years at 5%: Complete construction and equipment for the renovation of Lewis and Herring Halls. From State General Funds, $346,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $346,500 $346,500 $346,500 University System of Georgia, Board of Regents 375.602 BOND: College of Coastal Georgia: $1,100,000 in principal for 5 years at 5%: Purchase equipment for the Teacher Education and Learning Center. From State General Funds, $254,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, 2818 JOURNAL OF THE SENATE development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $254,100 $254,100 $254,100 University System of Georgia, Board of Regents 375.603 BOND: Georgia Southern University: $2,800,000 in principal for 5 years at 5%: Purchase equipment for the Biology Building. From State General Funds, $646,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $646,800 $646,800 $646,800 University System of Georgia, Board of Regents 375.604 BOND: Georgia Southwestern State University: $1,400,000 in principal for 5 years at 5%: Purchase equipment for the Health and Human Sciences Building. From State General Funds, $323,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $323,400 $323,400 $323,400 University System of Georgia, Board of Regents 375.605 BOND: Kennesaw State University: $2,300,000 in principal for 5 years at 5%: Purchase equipment for the Education Classroom Building. From State General Funds, $531,300 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 $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $531,300 $531,300 $531,300 WEDNESDAY, MARCH 21, 2012 2819 University System of Georgia, Board of Regents 375.606 BOND: University of West Georgia: $2,000,000 in principal for 5 years at 5%: Purchase equipment for the Nursing Building. From State General Funds, $462,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $462,000 $462,000 $462,000 University System of Georgia, Board of Regents 375.607 BOND: Georgia Health Sciences University: $28,000,000 in principal for 20 years at 5.75%: Construct the Consolidated Medical Education Commons. From State General Funds, $2,396,800 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 $28,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,396,800 $2,396,800 $2,396,800 University System of Georgia, Board of Regents 375.608 BOND: University of Georgia: $52,300,000 in principal for 20 years at 5.75%: Construct the Veterinary Medical Learning Center. From State General Funds, $4,476,880 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $52,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $4,476,880 $4,476,880 $4,476,880 University System of Georgia, Board of Regents 375.609 BOND: Georgia Gwinnett College: $25,200,000 in principal for 20 years at 5.75%: Construct the Allied Health Building. From State General Funds, $2,157,120 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, 2820 JOURNAL OF THE SENATE development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,157,120 $2,157,120 $2,157,120 University System of Georgia, Board of Regents 375.610 BOND: Georgia Institute of Technology: $59,000,000 in principal for 20 years at 5.75%: Design and construct the Engineered Biosystems Building. From State General Funds, $5,050,400 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 $59,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $5,050,400 $5,050,400 $5,050,400 University System of Georgia, Board of Regents 375.611 BOND: Regents: $35,000,000 in principal for 20 years at 5.75%: Fund major improvements and renovations statewide. From State General Funds, $2,996,000 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 $35,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,996,000 $2,996,000 $2,996,000 University System of Georgia, Board of Regents 375.612 BOND: Regents: $10,000,000 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $2,310,000 $2,310,000 $2,310,000 WEDNESDAY, MARCH 21, 2012 2821 University System of Georgia, Board of Regents 375.613 BOND: Georgia Research Alliance: $8,000,000 in principal for 5 years at 5%: Purchase equipment and fund research and development infrastructure. From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,848,000 $1,848,000 $1,848,000 University System of Georgia, Board of Regents 375.614 BOND: Georgia Public Telecommunications Commission: $1,780,000 in principal for 5 years at 5%: Fund communications systems and information systems upgrades. From State General Funds, $411,180 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $411,180 $411,180 $411,180 University System of Georgia, Board of Regents 375.615 BOND: Georgia Public Telecommunications Commission: $1,265,000 in principal for 20 years at 5.75%: Fund facility roof replacement and cooling system improvements. From State General Funds, $108,284 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $108,284 $108,284 $108,284 2822 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 375.616 BOND: Fort McPherson - Regents: $4,000,000 in principal for 20 years at 5.75%: Retrofit the Forces Command building for state use. From State General Funds, $342,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $342,400 $342,400 $342,400 University System of Georgia, Board of Regents 375.617 BOND: Kennesaw State University: $5,000,000 in principal for 20 years at 5.75%: Fund infrastructure expansion. From State General Funds, $428,000 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 240 months. State General Funds $556,400 $428,000 University System of Georgia, Board of Regents 375.618 BOND: Dalton College: $15,000,000 in principal for 20 years at 5.75%: Construct a new academic building. From State General Funds, $1,284,000 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 $642,000 $1,284,000 University System of Georgia, Board of Regents 375.619 BOND: Georgia College and State University: $9,600,000 in principal for 20 years at 5.75%: Fund major repairs and renovations at Ennis Hall. From State General Funds, $821,760 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, WEDNESDAY, MARCH 21, 2012 2823 development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $410,880 $821,760 University System of Georgia, Board of Regents 375.620 BOND: Valdosta State University: $32,000,000 in principal for 20 years at 5.75%: Construct the Health Science Building. From State General Funds, $2,739,200 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 $32,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $2,011,600 $2,739,200 University System of Georgia, Board of Regents 375.621 BOND: Regents: $4,000,000 in principal for 20 years at 5.75%: Fund major repairs and renovations at Cooperative Extension and Agricultural Experiment Stations facilities statewide. From State General Funds, $342,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $342,400 $342,400 University System of Georgia, Board of Regents 375.622 BOND: University of Georgia - Griffin Campus: $3,500,000 in principal for 20 years at 5.75%: Fund the Food Technology program. From State General Funds, $299,600 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 $3,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $214,000 $299,600 2824 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 375.623 BOND: Regents: $0 in principal for 20 years at 5.75%: Fund the State History Museum. State General Funds $64,200 $0 University System of Georgia, Board of Regents 375.624 BOND: Rock Eagle 4-H Facility: $1,000,000 in principal for 20 years at 5.75%: Construct new cabins. From State General Funds, $85,600 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 240 months. State General Funds $214,000 $85,600 University System of Georgia, Board of Regents 375.625 BOND: Agricultural Experiment Station Facilities: $1,525,000 in principal for 5 years at 5%: Purchase equipment statewide. From State General Funds, $352,275 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,525,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $352,275 $352,275 University System of Georgia, Board of Regents 375.626 BOND: Georgia Military College: $7,000,000 in principal for 20 years at 5.75%: Construct the Health and Wellness Center. From State General Funds, $599,200 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 240 months. State General Funds $299,600 $599,200 WEDNESDAY, MARCH 21, 2012 2825 University System of Georgia, Board of Regents 375.627 BOND: Public Libraries: $1,680,000 in principal for 5 years at 5%: Fund major repairs and renovations to Georgia Public Libraries statewide. From State General Funds, $388,080 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Public Libraries, for that library, through the issuance of not more than $1,680,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $520,905 $388,080 University System of Georgia, Board of Regents 375.628 BOND: Public Libraries: $1,325,000 in principal for 20 years at 5.75%: Construct a new Royston Public Library. From State General Funds, $113,420 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Public Libraries, for that library, through the issuance of not more than $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $113,420 University System of Georgia, Board of Regents 375.629 BOND: Public Libraries: $780,000 in principal for 20 years at 5.75%: Construct a library in the city of Milner. From State General Funds, $66,768 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 Public Libraries, for that library, through the issuance of not more than $780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $66,768 University System of Georgia, Board of Regents 375.630 BOND: Clayton State University: $9,900,000 in principal for 20 years at 5.75%: Construct a new science building. From State General Funds, $847,440 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $9,900,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $847,440 2826 JOURNAL OF THE SENATE University System of Georgia, Board of Regents 375.631 BOND: Bainbridge College: $1,200,000 in principal for 5 years at 5%: Design a new Academic Building. From State General Funds, $277,200 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 $1,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $277,200 University System of Georgia, Board of Regents 375.632 BOND: Georgia Highlands College: $2,200,000 in principal for 5 years at 5%: Design a new Student Academic Center on the Cartersville campus. From State General Funds, $508,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $508,200 University System of Georgia, Board of Regents 375.633 BOND: Atlanta Metropolitan College: $5,000,000 in principal for 20 years at 5.75%: Construct a Student Services and Success Center. From State General Funds, $428,000 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 240 months. State General Funds $428,000 University System of Georgia, Board of Regents 375.634 BOND: University of Georgia: $3,000,000 in principal for 20 years at 5.75%: Construct renovations of the Rural Development Center at the UGA Tifton campus. From State General Funds, $256,800 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, WEDNESDAY, MARCH 21, 2012 2827 development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $256,800 Technical College System of Georgia 375.651 BOND: Technical College Multi-Projects: $8,000,000 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,848,000 $1,848,000 $1,848,000 Technical College System of Georgia 375.652 BOND: Technical College Multi-Projects: $5,000,000 in principal for 5 years at 5%: Replace obsolete equipment. From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $1,155,000 $1,155,000 $1,155,000 Technical College System of Georgia 375.653 BOND: Savannah Technical College: $800,000 in principal for 5 years at 5%: Purchase equipment for the Aviation Training Facility at the Crossroads campus. From State General Funds, $184,800 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 $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 $184,800 $184,800 $184,800 2828 JOURNAL OF THE SENATE Technical College System of Georgia 375.654 BOND: Southern Crescent Technical College: $1,460,000 in principal for 5 years at 5%: Purchase equipment for the classroom building. From State General Funds, $337,260 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 $1,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $337,260 $337,260 $337,260 Technical College System of Georgia 375.655 BOND: Technical College Multi-Projects: $4,455,000 in principal for 20 years at 5.75%: Fund replacement of facility roofs and HVAC. From State General Funds, $381,348 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $381,348 $381,348 $381,348 Technical College System of Georgia 375.656 BOND: Technical College Multi-Projects: $6,375,000 in principal for 20 years at 5.75%: Fund replacement of facility roofs. From State General Funds, $545,700 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 $6,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $545,700 $545,700 $545,700 Technical College System of Georgia 375.657 BOND: West Georgia Technical College: $1,540,000 in principal for 20 years at 5.75%: Fund major facility improvements and renovation of HVAC. From State General Funds, $131,824 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 WEDNESDAY, MARCH 21, 2012 2829 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,540,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $131,824 $131,824 $131,824 Technical College System of Georgia 375.658 BOND: Southeastern Technical College: $4,185,000 in principal for 20 years at 5.75%: Design and construct the renovation of the classroom/lab building, Building #2. From State General Funds, $358,236 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,185,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $358,236 $358,236 $358,236 Technical College System of Georgia 375.659 BOND: Technical College Multi-Projects: $5,775,000 in principal for 20 years at 5.75%: Fund major improvements and renovations. From State General Funds, $494,340 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 $5,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $494,340 $494,340 $494,340 Technical College System of Georgia 375.660 BOND: Sandersville Technical College: $3,960,000 in principal for 20 years at 5.75%: Design and construct the renovation of the main campus building for student and classroom use. From State General Funds, $338,976 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 $3,960,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $338,976 $338,976 $338,976 2830 JOURNAL OF THE SENATE Technical College System of Georgia 375.661 BOND: Technical College Multi-Projects: $14,000,000 in principal for 20 years at 5.75%: Design, construct, and equip a training center. From State General Funds, $1,198,400 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 240 months. State General Funds $1,198,400 $1,198,400 $1,198,400 Technical College System of Georgia 375.662 BOND: Lanier Technical College: $16,000,000 in principal for 20 years at 5.75%: Construct a new classroom building at the Barrow Campus. From State General Funds, $1,369,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,369,600 $1,369,600 Technical College System of Georgia 375.663 BOND: Gwinnett Technical College: $20,000,000 in principal for 20 years at 5.75%: Purchase property for the North Fulton Campus. From State General Funds, $1,712,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $20,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,070,000 $1,712,000 Technical College System of Georgia 375.664 BOND: Altamaha Technical College: $500,000 in principal for 5 years at 5%: Design the new Camden campus. From State General Funds, $115,500 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or WEDNESDAY, MARCH 21, 2012 2831 facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $115,500 Technical College System of Georgia 375.665 BOND: Ogeechee Technical College: $12,600,000 in principal for 20 years at 5.75%: Design and construct a Natural Resources building. From State General Funds, $1,078,560 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 $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $1,078,560 Technical College System of Georgia 375.666 BOND: Technical College Multi-Projects: $10,000,000 in principal for 20 years at 5.75%: Provide funds for construction, renovation or equipment for College and Career Academies. From State General Funds, $856,000 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 $856,000 Technical College System of Georgia 375.667 BOND: Technical College Multi-Projects: $1,300,000 in principal for 5 years at 5%: Design the new Catoosa campus. From State General Funds, $300,300 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 $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 $300,300 2832 JOURNAL OF THE SENATE Technical College System of Georgia 375.668 BOND: Middle Georgia Technical College: $1,690,000 in principal for 5 years at 5%: Design the Health and Science Building. From State General Funds, $390,390 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 $1,690,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $390,390 Forestry Commission, State 375.701 BOND: Forestry Equipment: $2,300,000 in principal for 10 years at 5.27%: Replace firefighting equipment statewide. From State General Funds, $301,760 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 $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 120 months. State General Funds $301,760 $301,760 $301,760 Forestry Commission, State 375.702 BOND: Forestry Buildings: $1,120,000 in principal for 20 years at 5.75%: Fund major facility improvements and renovations statewide. From State General Funds, $95,872 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 $1,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $95,872 $95,872 $95,872 Forestry Commission, State 375.703 BOND: Forestry Equipment: $1,740,000 in principal for 5 years at 5%: Purchase equipment statewide. From State General Funds, $401,940 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, WEDNESDAY, MARCH 21, 2012 2833 both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $401,940 $401,940 Natural Resources, Department of 375.711 BOND: DNR multi-projects: $500,000 in principal for 5 years at 5%: Replace and maintain 23 vehicles statewide. From State General Funds, $115,500 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 $500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $115,500 $115,500 $115,500 Natural Resources, Department of 375.712 BOND: DNR multi-projects: $3,200,000 in principal for 20 years at 5.75%: Fund facility improvements and renovations statewide. From State General Funds, $273,920 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $273,920 $273,920 $273,920 Natural Resources, Department of 375.713 BOND: DNR multi-projects: $2,400,000 in principal for 5 years at 5%: Fund facility repair and sustainment statewide. From State General Funds, $554,400 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 $2,400,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $554,400 $554,400 $554,400 2834 JOURNAL OF THE SENATE Natural Resources, Department of 375.714 BOND: DNR State Parks: $1,650,000 in principal for 20 years at 5.75%: Fund miscellaneous new construction at state parks statewide. From State General Funds, $141,240 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 $1,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $141,240 $141,240 $141,240 Natural Resources, Department of 375.715 BOND: DNR multi-projects: $2,510,000 in principal for 20 years at 5.75%: Fund land acquisition for wildlife management areas and parks and match federal funds. From State General Funds, $214,856 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 $2,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $214,856 $214,856 $214,856 Natural Resources, Department of 375.716 BOND: DNR multi-projects: $5,000,000 in principal for 20 years at 5.75%: Fund improvements at privately operated facilities. From State General Funds, $454,000 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 240 months. State General Funds $454,000 $454,000 $454,000 Natural Resources, Department of 375.717 BOND: DNR Land Acquisition: $2,500,000 in principal for 20 years at 5.75%: Purchase land for conservation in Warner Robins. From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, WEDNESDAY, MARCH 21, 2012 2835 extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $214,000 $214,000 Soil and Water Conservation Commission 375.731 BOND: Soil & Water Conservation Watershed: $1,800,000 in principal for 20 years at 5.75%: Rehabilitate flood control structures statewide. From State General Funds, $154,080 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 $1,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. State General Funds $154,080 $154,080 $154,080 Financing and Investment Commission, Georgia State 375.760 BOND: Americans with Disability Act: $625,000 in principal for 5 years at 5%: Fund ADA-related facility modifications statewide. From State General Funds, $144,375 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 $625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 60 months. State General Funds $144,375 $144,375 $144,375 Section 52: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 160, Act No. 684, 2010 Regular Session, H.B. 948) which reads as follows: 2836 JOURNAL OF THE SENATE [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. and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 140, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows: [Bond # 73] 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. is hereby repealed in its entirety. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, Act No. 223, 2011 Regular Session, H.B. 78) which reads as follows: Economic Development, Department of 379.212 BOND: Georgia World Congress Center: $5,000,000 in principal for 20 years at 5.75%: Fund an expanded parking facility and related improvements. From State General Funds, $454,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. and carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (H.B. 741), and which amended reads as follows: WEDNESDAY, MARCH 21, 2012 2837 [Bond # 74] From State General Funds, $454,000 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 $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. is hereby repealed in its entirety. Section 53: 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 refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law. Section 54: 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 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 51, the indented, bold-faced paragraphs following each Bond number are the lowest level of detail and constitute appropriations in accordance with Article VII, Section IV, Paragraph III(a)(1) of the Georgia Constitution. The caption above the Bond number, the light-faced text immediately following the Bond number before the bold-faced text, and the light-faced after the bold-faced text are information only. 2838 JOURNAL OF THE SENATE Similarly, text in a group of lines that has a number less than 100 after the decimal (01 through 99) is not part of a statement of purpose but constitutes information as to how the appropriation was derived. Amounts in the columns other than the rightmost column are for informational purposes only. The summary and lowest level of detail for the fund source categories "Total Agency Funds" and "Total Intra-State Governmental Transfers," are for informational purposes only. The blocks of text and numerals immediately following the section header and beginning with the phrases, "Section Total - Continuation" and "Section Totals - Final" are for informational purposes only. Sections 51, 52, and 53 contain, constitute, or amend appropriations. Section 56: 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 shall not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. For purposes of the appropriations for the "Medicaid: Low-Income Medicaid" and "Medicaid: Aged, Blind, and Disabled" programs of the Department of Community Health, the appropriation of a particular State fund source for each program shall be the amount stated, and each such program shall also be authorized up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same State fund source for the other program to that agency shall be reduced in the same amount, such that the stated total in program appropriations from that State fund source for the two programs shall not be exceeded. However, the additional amount shall be from a State fund source which is lawfully available for the program to which it is added. Section 57: Effective Date This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. Section 58: Repeal Conflicting Laws All laws and parts of laws in conflict with this Act are repealed. WEDNESDAY, MARCH 21, 2012 2839 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 742, having received the requisite constitutional majority, was passed by substitute. Senator Hill of the 4th moved that HB 742 be immediately transmitted to the House. On the motion, there was no objection, and HB 742 was immediately transmitted. HB 785. By Representatives Peake of the 137th, Watson of the 163rd, Sheldon of the 105th, Maxwell of the 17th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the 2840 JOURNAL OF THE SENATE participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 44, nays 6. HB 785, having received the requisite constitutional majority, was passed. HB 845. By Representatives Watson of the 163rd, Cooper of the 41st, Purcell of the 159th, Ramsey of the 72nd and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 1A of Title 20 of the Official Code of Georgia Annotated, relating to early care and learning, so as to require early care and education programs to provide information on the influenza vaccine; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. WEDNESDAY, MARCH 21, 2012 2841 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick Y Harbison N Heath E Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 7. HB 845, having received the requisite constitutional majority, was passed. Senator Seay of the 34th was excused for business outside the Senate Chamber. HB 897. By Representatives Harden of the 28th, England of the 108th, Coomer of the 14th, Neal of the 1st, Powell of the 29th and others: 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 extensively revise the Georgia Workforce Investment Board provisions; to authorize the board to promulgate rules and regulations; to add provisions relating to soft skills programs; to repeal provisions providing for the utilization of the Governor's discretionary funds; to repeal the Georgia Work Ready program; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. 2842 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath E Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Rogers E Seay Y Shafer Sims Y Staton Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 46, nays 0. HB 897, 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 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. WEDNESDAY, MARCH 21, 2012 2843 The following bill was taken up to consider House action thereto: HB 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. Senator Hill of the 4th asked unanimous consent that the Senate insist on its substitute to HB 742. The consent was granted, and the Senate insisted on its substitute to HB 742. The President served notice, pursuant to O.C.G.A. 28-12-1, that HB 386 will be in order for debate and vote tomorrow, the 37th legislative day. The following communications were received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 21, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator John Albers to serve as an Ex-Officio Member for the Senate Health and Human Services Committee. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. 2844 JOURNAL OF THE SENATE Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 21, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Jeff Mullis to serve as an Ex-Officio Member for the Senate Public Safety Committee. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules WEDNESDAY, MARCH 21, 2012 2845 The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 21, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Cecil Staton to serve as an Ex-Officio Member for the Senate Health and Human Services Committee. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore Senator Hill of the 4th moved that the Senate adjourn until 10:00 a.m. Thursday, March 22, 2012. The motion prevailed, and the President announced the Senate adjourned at 1:42 p.m. 2846 JOURNAL OF THE SENATE Senate Chamber, Atlanta, Georgia Thursday, March 22, 2012 Thirty-seventh Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 398. By Representatives Fludd of the 66th, Bruce of the 64th, Jones of the 44th and Taylor of the 55th: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 19, 2009 (Ga. L. 2009, p. 4004), so as to correct certain typographical errors; to amend certain provisions so as to comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 and the federal Heroes Earnings Assistance and Relief Tax Act of 2008; to repeal conflicting laws; and for other purposes. HB 1256. By Representatives Hembree of the 67th, Hightower of the 68th, Nix of the 69th, Smith of the 70th, Cooke of the 18th and others: A BILL to be entitled an Act to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), so as to remove the City of Douglasville as a member of such authority; to add Coweta County as a member of such authority; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 22, 2012 2847 HB 1272. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to limit the membership of the chairperson and commissioners on boards and authorities; to provide for the compensation of the chairperson; to provide for filling a vacancy in office; to limit the terms of the vice chairperson; to provide for a person to assume the position of chairperson in the event of a vacancy or disability; to provide for placing items on meeting agenda; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1276. By Representative Stephens of the 164th: A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1277. By Representatives Channell of the 116th and Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change the description of the council districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1278. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Magistrate Court of Spalding County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. 2848 JOURNAL OF THE SENATE HB 1279. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Probate Court of Spalding County to charge a technology fee for each civil case filed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1280. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1288. By Representative Powell of the 29th: A BILL to be entitled an Act to re-create and reconstitute the Hart County Water and Sewer Authority; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to repeal a certain Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. HB 1289. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Mitchell of the 88th, Waites of the 60th and others: A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to provide for certain terms of office; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on THURSDAY, MARCH 22, 2012 2849 municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; to eliminate a reference to such provisions; to repeal conflicting laws; and for other purposes. SB 370. By Senators Carter of the 1st, Bethel of the 54th, Jackson of the 2nd and Goggans of the 7th: 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 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 House has passed by the requisite constitutional majority the following Bills of the Senate: SB 101. By Senators Stone of the 23rd, Jackson of the 24th, Cowsert of the 46th, Davis of the 22nd, Miller of the 49th and others: A BILL to be entitled an Act to amend Part 4 of Article 2 of Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to poll officers, so as to provide for the Student Teen Election Participant program; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 346. By Senators Balfour of the 9th, Carter of the 1st and Henson of the 41st: A BILL to be entitled an Act to amend Code Section 26-4-60 of the Official Code of Georgia Annotated, relating to grounds for suspension, revocation, or refusal to grant licenses by the State Board of Pharmacy, so as to change certain provisions relating to selling, distributing, and delivering prescription drugs by mail or other common carriers; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 430. By Senator Bethel of the 54th: A BILL to be entitled an Act to amend an Act to provide for the composition and number of state senatorial districts, approved August 24, 2011 (Ga. L. 2011, Ex. Sess., p. 139), so as to revise the boundaries of 2850 JOURNAL OF THE SENATE certain state senate districts; to provide for related matters; to provide an effective date; to provide for delayed applicability under certain circumstances; to repeal conflicting laws; and for other purposes. SB 515. By Senator Hooks of the 14th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Americus, approved April 13, 1992 (Ga. L. 1992, p. 5985), as amended, so as to provide for a date of expiration of office for terms of councilmembers and the mayor; to provide for taking of office and swearing in of newly elected or reelected councilmembers and mayors; to provide for meetings for the establishment of council business; to provide for the administration of the oath of office; to provide for a quorum and presiding officers at meetings; to provide for applicability; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 520. By Senators McKoon of the 29th and Crane of the 28th: A BILL to be entitled an Act to create a board of elections and registration for Troup 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 certain expenditures of public funds; to provide for compensation of members of the board and personnel; to provide for offices and equipment; to provide for the board's ability to perform certain functions and duties for certain municipalities; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Bill of the House: HB 1118. By Representative Reece of the 11th: A BILL to be entitled an Act to provide a new charter for the Town of Trion; 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 repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 22, 2012 2851 The following Senate legislation was introduced, read the first time and referred to committee: SB 538. By Senators Chance of the 16th, Jackson of the 24th and Miller of the 49th: A BILL to be entitled an Act to amend Chapter 4 of Title 1 of the Official Code of Georgia Annotated, relating to holidays and observances, so as to change the date of Georgia Day; to repeal conflicting laws; and for other purposes. Referred to the Rules Committee. The following House legislation was read the first time and referred to committee: HB 398. By Representatives Fludd of the 66th, Bruce of the 64th, Jones of the 44th and Taylor of the 55th: A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 19, 2009 (Ga. L. 2009, p. 4004), so as to correct certain typographical errors; to amend certain provisions so as to comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 and the federal Heroes Earnings Assistance and Relief Tax Act of 2008; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1256. By Representatives Hembree of the 67th, Hightower of the 68th, Nix of the 69th, Smith of the 70th, Cooke of the 18th and others: A BILL to be entitled an Act to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), so as to remove the City of Douglasville as a member of such authority; to add Coweta County as a member of such authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1272. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 2852 JOURNAL OF THE SENATE 4436), as amended, so as to limit the membership of the chairperson and commissioners on boards and authorities; to provide for the compensation of the chairperson; to provide for filling a vacancy in office; to limit the terms of the vice chairperson; to provide for a person to assume the position of chairperson in the event of a vacancy or disability; to provide for placing items on meeting agenda; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1276. By Representative Stephens of the 164th: A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1277. By Representatives Channell of the 116th and Anderson of the 117th: A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change the description of the council districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; 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 1278. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Magistrate Court of Spalding County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. THURSDAY, MARCH 22, 2012 2853 HB 1279. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to authorize the Probate Court of Spalding County to charge a technology fee for each civil case filed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1280. By Representatives Knight of the 126th and Yates of the 73rd: A BILL to be entitled an Act to amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1288. By Representative Powell of the 29th: A BILL to be entitled an Act to re-create and reconstitute the Hart County Water and Sewer Authority; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to repeal a certain Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1289. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Mitchell of the 88th, Waites of the 60th and others: A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, so as to provide for certain terms of office; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2854 JOURNAL OF THE SENATE 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 681 Do Pass by substitute Respectfully submitted, Senator Bulloch of the 11th District, Chairman Mr. President: The Banking and Financial Institutions Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 419 Do Pass Respectfully submitted, Senator Murphy of the 27th 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 766 Do Pass Respectfully submitted, Senator Hill of the 32nd 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 247 Do Pass by substitute HB 822 Do Pass by substitute HB 745 Do Pass by substitute HB 861 Do Pass by substitute THURSDAY, MARCH 22, 2012 2855 HB 972 Do Pass by substitute HB 1110 Do Pass HB 1069 Do Pass by substitute Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Judiciary Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 149 HB 342 HB 641 HB 685 HB 942 HB 1093 HB 1198 Do Pass by substitute Do Pass Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass by substitute HB 198 HB 541 HB 665 HB 728 HB 1048 HB 1114 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass by substitute Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Natural Resources and the Environment Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 1102 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 91 Do Pass by substitute Respectfully submitted, Senator Grant of the 25th District, Chairman 2856 JOURNAL OF THE SENATE 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 351 Do Pass Respectfully submitted, Senator Golden of the 8th District, Chairman Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 899 Do Pass by substitute 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 963 HB 1239 HB 1242 HB 1244 HB 1248 HB 1250 HB 1252 HB 1254 SB 528 SB 530 SB 533 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass HB 1225 HB 1240 HB 1243 HB 1245 HB 1249 HB 1251 HB 1253 SB 527 SB 529 SB 532 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman THURSDAY, MARCH 22, 2012 2857 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 1080 Do Pass by substitute Respectfully submitted, Senator Harbison of the 15th District, Chairman The following legislation was read the second time: HB 91 HB 665 HB 822 HB 1080 HB 247 HB 681 HB 861 HB 1093 HB 342 HB 685 HB 942 HB 1102 HB 351 HB 728 HB 972 HB 1110 HB 419 HB 745 HB 1048 HB 1114 HB 541 HB 766 HB 1069 HB 1198 Senator Unterman of the 45th introduced the doctor of the day, Dr. Snehal C. Dalal. The following Senators were excused for business outside the Senate Chamber: Harbison of the 15th Ramsey, Sr. of the 43rd Tolleson of the 20th Senator Bethel of the 54th asked unanimous consent that Senator Hill of the 32nd be excused. The consent was granted, and Senator Hill was excused. Senator Seay of the 34th asked unanimous consent that Senator Tate of the 38th be excused. The consent was granted, and Senator Tate was excused. Senator Chance of the 16th asked unanimous consent that Senator Rogers of the 21st be excused. The consent was granted, and Senator Rogers was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Carter, J Gooch Grant Hamrick Heath Henson Hill, Jack Hooks Miller Mullis Murphy Orrock Paris Seay Shafer 2858 JOURNAL OF THE SENATE Chance Cowsert Crane Crosby Davenport Davis Fort Goggans Golden Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Sims Staton Stone Stoner Thompson, C Thompson, S Tippins Unterman Wilkinson Not answering were Senators: Ginn Ramsey (Excused) Tolleson (Excused) Harbison (Excused) Rogers (Excused) Williams Hill, Judson (Excused) Tate (Excused) Senator Ginn 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 of the United States of America and to the flag of Georgia. Senator Albers of the 56th introduced the chaplain of the day, Rabbi Harvey J. Winokur of Roswell, Georgia, who offered scripture reading and prayer. Senator Orrock of the 36th recognized the Honorable Marvin S. Arrington, Sr., on the occasion of his retirement, commended by SR 1142, adopted previously. Honorable Marvin S. Arrington, Sr. addressed the Senate briefly. Senator Davis of the 22nd recognized the Lucy C. Laney High School boys basketball team on their GHSA AA State Championship, commended by SR 1222, adopted previously. Principal Tonia Mason and Head Coach Jerry Hunter addressed the Senate briefly. Senator Jones of the 10th recognized March 22, 2012, as CHRIS Kids Day at the Georgia state capitol, commended by SR 1185, adopted previously. Executive Director Kathy Colbenson addressed the Senate briefly. Senator Loudermilk of the 52nd recognized Ms. Marlitt Hayslett for her work on the SR 68 Commission, commended by SR 1194, adopted previously. Ms. Marlitt Hayslett addressed the Senate briefly. THURSDAY, MARCH 22, 2012 2859 Senator Loudermilk of the 52nd recognized Mr. Richie Johnson for his work on the SR 68 Commission, commended by SR 1195, adopted previously. Mr. Richie Johnson addressed the Senate briefly. Senator Sims of the 12th recognized Mr. Joel Wernick, commended by SR 1215, adopted previously. Mr. Joel Wernick addressed the Senate briefly. 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 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. The Speaker has appointed on the part of the House, Representatives England of the 108th, O`Neal of the 146th, and Jones of the 46th. Senator James of the 35th recognized Monica Pearson, commended by SR 947, adopted previously. Monica Pearson addressed the Senate briefly. The following communication from His Excellency, Governor Nathan Deal, was received and read by the Secretary: Nathan Deal Governor STATE OF GEORGIA OFFICE OF THE GOVERNOR ATLANTA 30334-0900 March 22, 2012 VIA HAND DELIVERY The Honorable Casey Cagle Lieutenant Governor of Georgia 240 State Capitol Atlanta, Georgia 30334 2860 JOURNAL OF THE SENATE Dear Governor Cagle: Attached is a list of appointments to various boards, commissions, authorities and other entities requiring Senate confirmation. This list is submitted pursuant to Senate Rules 33.1, et seq. If we can provide you with any additional information to assist your office in the confirmation process, please let us know. Thank for your assistance. Sincerely yours, /s/ Nathan Deal Governor of Georgia The Honorable Jace Weaver of Clarke County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Mark Chastain of Gilmer County, as a member of the Georgia Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning June 1, 2011, and ending June 1, 2016. The Honorable James Reese of Fulton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning January 1, 2011, and ending January 1, 2014. The Honorable Tommy Black of Liberty County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2009, and ending December 31, 2012. The Honorable Steven Stancil of Cherokee County, as a member of the Georgia Education Authority, for the term of office beginning August 26, 2011, and ending August 26, 2014. The Honorable Debbie Dlugolenski of Fulton County, as a member of the Georgia Education Authority, for the term of office beginning August 26, 2011, and ending August 26, 2014. The Honorable Erin Hames of Fulton County, as a member of the Georgia Education Authority, for the term of office beginning August 26, 2011, and ending August 26, 2014. The Honorable Malcolm Moore of Bibb County, as a member of the Medical Advisory Panel for the Georgia Athletic & Entertainment Commission, serving at the pleasure of the Governor. THURSDAY, MARCH 22, 2012 2861 The Honorable Curtis Johnson of Cobb County, as a member of the Stone Mountain Memorial Association, for the term of office beginning May 20, 2011, and ending May 20, 2015. The Honorable William Coleman of McDuffie County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning July 1, 2010, and ending July 1, 2015. The Honorable Scott Murphy of Forsyth County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning July 1, 2011, and ending July 1, 2016. The Honorable Franklin Auman of DeKalb County, as a member of the Board of Human Services, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Steven Heinen of Hall County, as a member of the Subsequent Injury Trust Fund, for the term of office beginning July 1, 2010, and ending July 1, 2016. The Honorable Pauline Hale of Butts County, as a member of the Subsequent Injury Trust Fund, for the term of office beginning July 1, 2011, and ending July 1, 2017. The Honorable Cheryl DeLuca-Johnson of Gwinnett County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning January 1, 2011, and ending January 1, 2014. The Honorable Penny Johnson of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning August 9, 2010, and ending August 9, 2013. The Honorable Micah Story of Clarke County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 1, 2011, and ending January 1, 2013. The Honorable Bobbi Bailey of Fulton County, as a member of the Georgia Music Hall of Fame, for the term of office beginning February 1, 2008, and ending February 1, 2012. The Honorable James (Steve) Singletary of Early County, as a member of the Georgia Development Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Michael Terrell of Coweta County, as a member of the County and Municipal Probation Authority, for the term of office beginning January 15, 2010, and ending January 15, 2014. 2862 JOURNAL OF THE SENATE The Honorable Ray Stallings Smith III of Fulton County, as a member of the Stone Mountain Memorial Association, for the term of office beginning September 8, 2011, and ending September 8, 2015. The Honorable Robert Ripley of Spalding County, as a member of the Georgia Aviation Hall of Fame, for the term of office beginning July 1, 2010, and ending July 1, 2016. The Honorable Jennifer Gunter of Gwinnett County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable John C. Foster of Habersham County, as a member of the Education Commission of the States, serving at the pleasure of the Governor. The Honorable William Schofield of Hall County, as a member of the Education Commission of the States, serving at the pleasure of the Governor. The Honorable Kathy Colbenson of DeKalb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning January 1, 2011, and ending January 1, 2014. The Honorable Harold "Freddy" Seagraves of Hall County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable Wayne Edwards of Lowndes County, as a member of the Georgia Aviation Hall of Fame, for the term of office beginning July 1, 2011, and ending July 1, 2017. The Honorable Randy Smith III of Cobb County, as a member of the Board of Human Services, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Wayne Shannon of Tift County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 1, 2011, and ending January 1, 2013. The Honorable Kenneth Morrow of Gwinnett County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 1, 2011, and ending January 1, 2013. The Honorable JerryColwell of Pike County, as a member of the State Water Well Standards Advisory Council, for the term of office beginning July 1, 2010, and ending July 1, 2013. THURSDAY, MARCH 22, 2012 2863 The Honorable Michael Roberts of DeKalb County, as a member of the State Water Well Standards Advisory Council, for the term of office beginning July 1, 2010, and ending July 1, 2013. The Honorable Joseph Stock of DeKalb County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Karen Canupp of Jackson County, as a member of the Georgia State Board of Optometry, for the term of office beginning September 6, 2011, and ending September 6, 2014. The Honorable Beth Dabbs of Floyd County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Karen Ambrose of Thomas County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Natasha Dedijer-Turner of Fulton County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Susan Strickland of DeKalb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Steven Land of Jeff Davis County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Gary Holstad of Gwinnett County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Gerard Armorer of DeKalb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Katherine Strayhorn of Lumpkin County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. 2864 JOURNAL OF THE SENATE The Honorable Angelynn Holt of Houston County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning August 31, 2011, and ending August 31, 2015. The Honorable Robert Harless of Coffee County, as a member of the Georgia Aviation Hall of Fame, for the term of office beginning July 1, 2010, and ending July 1, 2017. The Honorable Melanie Blackwood of Paulding County, as a member of the State Board of Examiners for Speech Language Pathology & Audiology, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Timothy Lake of Laurens County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning April 1, 2011, and ending April 1, 2015. The Honorable Jeffrey Payne of Hall County, as a member of the State Properties Commission, for the term of office beginning April 1, 2011, and ending April 1, 2013. The Honorable Gregory O'Bradovich of Fulton County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable Henry "Hank" Huckaby of Oconee County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning June 30, 2011, and ending June 30, 2015. The Honorable Rudolf Cisco of Hall County, as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 2010, and ending May 5, 2013. The Honorable Jack Chapman of Hall County, as a member of the Board of Community Health, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Jane Johnson of Cobb County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable Kathy Lescak of Candler County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2008, and ending July 1, 2012. The Honorable Patrick Robinson of Oconee County, as a member of the Board of Directors of MCG Health System Inc, for the term of office beginning July 1, 2009, and ending July 1, 2012. THURSDAY, MARCH 22, 2012 2865 The Honorable Jim Larsche of Cobb County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, serving at the pleasure of the Governor. The Honorable Johnny R. Stevens of Richmond County, as a member of the Georgia Soil and Water District Supervisor, Brier Creek District, for the term of office beginning September 23, 2011, and ending December 31, 2012. The Honorable Richard R. Thomas of Dougherty County, as a member of the Georgia Soil and Water District Supervisor, Flint River District, for the term of office beginning September 23, 2011, and ending December 31, 2012. The Honorable James C. Reid Jr. of Sumter County, as a member of the Georgia Soil and Water Conservation District Supervisor, Lower Chattahoochee District, for the term of office beginning September 23, 2011, and ending December 31, 2012. The Honorable Robert Cooper of Muscogee County, as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning December 31, 2010, and ending December 31, 2014. The Honorable Ross King of Fayette County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2011, and ending November 8, 2014. The Honorable Helen Person of Barrow County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2009, and ending November 8, 2012. The Honorable Garrison Baker of White County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2010, and ending November 8, 2013. The Honorable Gwen Chesnut of Carroll County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2008, and ending November 8, 2011. The Honorable Charles Baker of Hall County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable David Petite of Fulton County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2010, and ending July 1, 2013. 2866 JOURNAL OF THE SENATE The Honorable Robert "Fred" Mullins of Columbia County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 1, 2011, and ending October 1, 2015. The Honorable Robert Cowles III of Greene County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 1, 2011, and ending October 1, 2015. The Honorable Bennie Hinson of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 1, 2011, and ending October 1, 2015. The Honorable James Hussey of Columbia County, as a member of the State Board of Veterans Service, for the term of office beginning April 1, 2009, and ending April 1, 2016. The Honorable Melvin Stowers of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The Honorable Gerry Harkins of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The Honorable Marla Moore of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning November 2, 2008, and ending November 2, 2011. The Honorable Sarah Cipperley of Cobb County, as a member of the State Commission on Family Violence, for the term of office beginning November 2, 2009, and ending November 2, 2012. The Honorable Keith McBrayer of Henry County, as a member of the State Commission on Family Violence, for the term of office beginning August 20, 2010, and ending August 20, 2012. The Honorable Roy Roberts of Walton County, as a member of the Stone Mountain Memorial Association, for the term of office beginning February 24, 2011, and ending February 24, 2015. The Honorable Randy Howard of Sumter County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning October 7, 2011, and ending October 7, 2014. THURSDAY, MARCH 22, 2012 2867 The Honorable Jimmy Allen of Tift County, as a member of the State Forestry Commission, for the term of office beginning January 1, 2011, and ending January 1, 2018. The Honorable Jason Winter of Chattooga County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2010, and ending August 4, 2012. The Honorable Bill Kendall of Towns County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2010, and ending August 4, 2012. The Honorable Richard Harrell of Fulton County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Nancy Jones of Meriwether County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Patricia Graham of Barrow County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable William "Billy" Jackson of Columbia County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Charles "Buddy" Leger of Crisp County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable E. Dewey Robinson of Decatur County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Gary Paulk of Irwin County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Matt Cardella of Liberty County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. 2868 JOURNAL OF THE SENATE The Honorable Dwayne Turner of White County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Bebe Heiskell of Walker County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Avery Niles of Hall County, as a member of the Georgia Board of Juvenile Justice, for the term of office beginning July 6, 2011, and ending July 6, 2016. The Honorable Ivan Figueroa of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections, for the term of office beginning July 1, 2010, and ending July 1, 2015. The Honorable Marion Lee of Crisp County, as a member of the Georgia Composite Medical Board, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable Gilbert Chandler of Hall County, as a member of the Georgia Composite Medical Board, for the term of office beginning July 1, 2009, and ending July 1, 2013. The Honorable Dorothy Gaskin of Chatham County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2011, and ending August 30, 2014. The Honorable Tom Thompson of Putnam County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Charlton Rodgers of Tattnall County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The Honorable Monty Strickland of DeKalb County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2010, and ending August 30, 2013. The Honorable Martha Martin of Jackson County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2007, and ending June 1, 2012. THURSDAY, MARCH 22, 2012 2869 The Honorable Melissa Thurlow of Gwinnett County, as a member of the State Board of Occupational Therapy, for the term of office beginning December 31, 2010, and ending December 31, 2014. The Honorable Larry Fricks of Lumpkin County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Connie Engel of Cobb County, as a member of the Georgia Board of Dentistry, for the term of office beginning June 30, 2011, and ending June 30, 2016. The Honorable Jessica Moss of Cherokee County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Brian McGowen of Fulton County, as a member of the Fort McPherson Local Redevelopment Authority, for the term of office beginning December 31, 2009, and ending December 31, 2013. The Honorable Hannah Irvin of Fulton County, as a member of the State Records Committee, for the term of office beginning November 4, 2011, and ending upon expiration of the Governor's term in office. The Honorable David Werner of Fulton County, as a member of the State Records Committee, for the term of office beginning November 4, 2011, and ending upon expiration of the Governor's term in office. The Honorable William Garrett of Cobb County, as a member of the Government Transparency & Campaign Finance Commission, for the term of office beginning February 5, 2011, and ending February 5, 2015. The Honorable Nathan Merritt of Cobb County, as a member of the DOT Roadside Enhancement & Beautification Council, for the term of office beginning January 1, 2011, and ending January 1, 2015. The Honorable Elizabeth Knowlton of DeKalb County, as a member of the DOT Roadside Enhancement & Beautification Council, for the term of office beginning January 1, 2011, and ending January 1, 2015. The Honorable Jan Ligon of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 1, 2009, and ending July 1, 2012. 2870 JOURNAL OF THE SENATE The Honorable Pamela Griffin of Pulaski County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning November 10, 2011, and ending November 10, 2014. The Honorable Cecil Bonner of Cherokee County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2010, and ending July 1, 2013. The Honorable Ben Satterfield of Gwinnett County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Alisande Osuch of Henry County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Evelyn Winn-Dixon of Clayton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2009, and ending June 1, 2014. The Honorable Jamil Zainaldin of DeKalb County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2011, and ending November 8, 2014. The Honorable Gwen Chesnut of Carroll County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2011, and ending November 8, 2014. The Honorable Marla Moore of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning November 2, 2011, and ending November 2, 2013. The Honorable James Mills of Hall County, as a member of the State Board of Pardons & Paroles, for the term of office beginning December 31, 2004, and ending December 31, 2011. The Honorable Julian Deal of Bulloch County, as a member of the State Board of Accountancy, for the term of office beginning June 30, 2010, and ending June 30, 2014. The Honorable R. Anthony Rojas of Bibb County, as a member of the State Board of Examiners for the Certification of Water & Wastewater Treatment Plant Operators & Laboratory Analysts, for the term of office beginning August 17, 2010, and ending August 17, 2014. The Honorable William Defino of Habersham County, as a member of the State Board of Examiners for the Certification of Water & Wastewater Treatment Plant Operators & THURSDAY, MARCH 22, 2012 2871 Laboratory Analysts, for the term of office beginning August 17, 2011, and ending August 17, 2015. The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for the Certification of Water & Wastewater Treatment Plant Operators & Laboratory Analysts, for the term of office beginning June 30, 2011, and ending June 30, 2015. The Honorable William "Brad" Dunagan of Hall County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning June 30, 2011, and ending June 30, 2014. The Honorable Andrew Fuller of Hall County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2009, and ending July 1, 2013. The Honorable Glenda Anderson of Chatham County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2009, and ending November 8, 2012. The Honorable Judy Grammer of Walker County, as a member of the State Board of Examiners of Psychology, for the term of office beginning July 7, 2010, and ending July 7, 2015. The Honorable Brenda Rowe of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2011, and ending September 23, 2014. The Honorable Nancy Barton of Hall County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2011, and ending September 23, 2014. The Honorable Lee Robinson of Bibb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The Honorable Simeon Deal of Cobb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning December 15, 2009, and ending December 15, 2014. The Honorable Sarah Scott of Hall County, as a member of the State Board of Cosmetology, for the term of office beginning May 1, 2011, and ending May 1, 2014. 2872 JOURNAL OF THE SENATE The Honorable Rita Jackson Samuels of Fulton County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable William "Bill" Austin of Liberty County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable Christine Betts of Columbia County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable Thomas Smith of Henry County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable Daekwon Holloway of Muscogee County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable Lauren Gaia of DeKalb County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable Katie Glover of Hall County, as a member of the State Board of Cosmetology, for the term of office beginning May 1, 2010, and ending May 1, 2013. The Honorable Kris Sperry of Coweta County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The Honorable Paula Sparks of Cobb County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The Honorable Ernest K. May of Washington County, as a member of the Child Fatality Review Panel, for the term of office beginning November 23, 2011, and ending January 1, 2013. The Honorable Garrison Baker of White County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, for the term of office beginning June 30, 2011, and ending June 30, 2014. The Honorable Leonard LeRussa of Sumter County, as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 2011, and ending May 5, 2014. THURSDAY, MARCH 22, 2012 2873 The Honorable Garry Braddy of Montgomery County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, for the term of office beginning October 1, 2009, and ending October 1, 2012. The Honorable Newton Bates of Ware County, as a member of the Georgia Board of Private Detective Agencies & Security Agencies, for the term of office beginning July 1, 2011, and ending July 1, 2015. The Honorable Larry Corry of Gwinnett County, as a member of the State Board of Veterinary Medicine, for the term of office beginning September 16, 2011, and ending September 16, 2016. The Honorable Perry Tindol of Gwinnett County, as a member of the Stone Mountain Memorial Association, for the term of office beginning February 24, 2008, and ending February 24, 2012. The Honorable Steven Nicklas of Forsyth County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2010, and ending July 1, 2013. The Honorable Heidi Altman of Bulloch County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Randy Daniel of Rockdale County, as a member of the Georgia Board of Dentistry, for the term of office beginning September 1, 2011, and ending September 1, 2016. The Honorable Laird Miller of Hall County, as a member of the State Board of Pharmacy, for the term of office beginning November 21, 2011, and ending November 21, 2016. The Honorable John Kieffer of Forsyth County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning November 21, 2011, and ending November 21, 2016. The Honorable Peggy H. Walker of Douglas County, as a member of the Child Fatality Review Panel, for the term of office beginning July 1, 2011, and ending June 30, 2013. The Honorable James Braswell of Bibb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning December 5, 2011, and ending December 5, 2016. 2874 JOURNAL OF THE SENATE The Honorable Earl Smith of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending December 20, 2012. The Honorable Dennis Cathey of Habersham County, as a member of the Government Transparency & Campaign Finance Commission, for the term of office beginning March 2, 2010, and ending March 2, 2014. The Honorable Scott Berry of Oconee County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2011, and ending July 1, 2015. The Honorable Maxine McCullar of Cobb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning June 4, 2011, and ending June 4, 2014. The Honorable William Womack of DeKalb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning August 30, 2010, and ending August 30, 2015. The Honorable Joseph D. Frazier of Cobb County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning December 8, 2010, and ending December 8, 2012. The Honorable Jane Warnock of Dodge County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning December 8, 2011, and ending December 8, 2013. The Honorable Ray Saunders of Colquitt County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2011, and ending January 1, 2014. The Honorable Janace Harding of Hall County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning July 1, 2011, and ending July 1, 2016. The Honorable Kathleen Bennett of Richmond County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The Honorable Gwen Knight of Doughtery County, as a member of the Georgia Council on Aging, for the term of office beginning December 15, 2011, and ending December 15, 2013. THURSDAY, MARCH 22, 2012 2875 The Honorable Donald Leeburn, Jr. of Clarke County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 2012, and ending January 1, 2019. The Honorable Michael Bennett of Forsyth County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning May 15, 2007, and ending May 15, 2012. The Honorable James Mills of Hall County, as a member of the State Board of Pardons & Paroles, for the term of office beginning December 31, 2011, and ending December 31, 2018. The Honorable Jack Perryman of Calhoun County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The Honorable William Bacon of Fayette County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The Honorable Steve Livingston of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The Honorable Robert King of Lumpkin County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The Honorable Ben Marion of Colquitt County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The Honorable Kirby Moore of Bibb County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The Honorable Anthony Moye of Henry County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. 2876 JOURNAL OF THE SENATE The Honorable Emily Myers of Jones County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The Honorable Lee R. Burton of Glynn County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The Honorable Aaron McWhorter of Carroll County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2012, and ending January 1, 2019. The Honorable J. Mark Mobley of Colquitt County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2012, and ending January 1, 2019. The Honorable William Bagwell of Hall County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2009, and ending January 1, 2016. The Honorable Carol Roberson of Fannin County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning December 29, 2011, and ending December 29, 2014. The Honorable J. Brent Little of Gwinnett County, as a member of the State Board of Occupational Therapy, for the term of office beginning December 31, 2011, and ending December 31, 2015. The Honorable Lonice Barrett of DeKalb County, as a member of the Board of Trustees of the Employee's Retirement System of Georgia, for the term of office beginning June 30, 2011, and ending June 30, 2015. The Honorable Vernon Keenan of Cherokee County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2011, and ending July 1, 2015. The Honorable Benjamin Tarbutton of Washington County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning December 15, 2011, and ending December 15, 2016. The Honorable William Rice III of Troup County, as a member of the Board of Governors of the George L. Smith III World Congress Center Authority, for the term of office beginning July 1, 2010, and ending July 1, 2014. THURSDAY, MARCH 22, 2012 2877 The Honorable Dean Alford of Rockdale County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 2012, and ending January 1, 2019. The Honorable Felker Ward of Fulton County, as a member of the Board of Economic Development, for the term of office beginning January 1, 2012, and ending January 1, 2017. The Honorable Page Love of Gwinnett County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning June 30, 2011, and ending June 30, 2015. The Honorable Melanie Harris of Fannin County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 16, 2011, and ending January 16, 2015. The Honorable Dilyana Kovacheva of Gwinnett County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The Honorable Thomas Morrill of Peach County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The Honorable Joan Thomas of Walton County, as a member of the Stone Mountain Memorial Association, for the term of office beginning December 31, 2011, and ending December 31, 2015. The Honorable George Hamil of Carroll County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2011, and ending August 30, 2014. The Honorable Stefanie Palma of Lumpkin County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2010, and ending August 30, 2013. The Honorable Christian Yaughn of Bulloch County, as a member of the State Housing Trust Fund for the Homeless, for the term of office beginning November 21, 2009, and ending November 21, 2013. The Honorable Randy Glass of Cobb County, as a member of the State Housing Trust Fund for the Homeless, for the term of office beginning November 21, 2011, and ending November 21, 2015. 2878 JOURNAL OF THE SENATE The Honorable C. LaTain Kell of Cobb County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The Honorable Shirley Smith of Catoosa County, as a member of the Technical College System of Georgia Board , for the term of office beginning June 30, 2008, and ending June 30, 2013. The Honorable Joseph Jones of Lumpkin County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2010, and ending July 1, 2013. The Honorable Ellis Wood of Bulloch County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2011, and ending January 20, 2014. The Honorable Lester Rampy of Gordon County, as a member of the Board of Public Safety, serving at the pleasure of the Governor. The Honorable Rooney Bowen of Dooley County, as a member of the Board of Public Safety, for the term of office beginning January 23, 2012, and ending September 1, 2012. The Honorable J. Irene Pennington of Chatham County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2010, and ending January 20, 2013. The Honorable Gary Vowell of Tift County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2011, and ending January 20, 2014. The Honorable George Myers IV of Gwinnett County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2011, and ending January 20, 2014. The Honorable Brian Rickman of Rabun County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2012, and ending January 20, 2015. The Honorable Garland Thompson of Coffee County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning January 1, 2012, and ending January 1, 2017. The Honorable James Gillis Jr. of Truetlen County, as a member of the Georgia Foresty Commission, for the term of office beginning January 1, 2012, and ending January 1, 2017. THURSDAY, MARCH 22, 2012 2879 The Honorable Daniel Massey of Chatham County, as a member of the Georgia Superior Court Clerks Cooperative Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable James Weidner of Habersham County, as a member of the Georgia Superior Court Clerks Cooperative Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The Honorable Duncan Johnson Jr. of Richmond County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The Honorable Joe Sam Robinson Jr. of Bibb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The Honorable Carol Burrell of Hall County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The Honorable James "Bill" Herringdine of Oconee County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The Honorable Karla Jacobs of Cobb County, as a member of the Georgia Commission on Women, for the term of office beginning July 1, 2009, and ending July 1, 2013. The Honorable Clayton Foster of Hall County, as a member of the Georgia Real Estate Commission, for the term of office beginning January 29, 2012, and ending January 29, 2017. The Honorable Sabra McCullar of Meriwether County, as a member of the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee, for the term of office beginning December 31, 2007, and ending December 31, 2014. The Honorable James Childre of Washington County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2006, and ending October 6, 2012. The Honorable Norman Echols of Henry County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 14, 2011, and ending August 14, 2016. 2880 JOURNAL OF THE SENATE The Honorable Sheila Lee of Meriwether County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2011, and ending January 1, 2014. The Honorable J. Daniel Herring of Brooks County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2012, and ending January 1, 2015. The Honorable Gordon Henderson of Floyd County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2012, and ending January 1, 2015. The Honorable Mia Rice of Muscogee County, as a member of the Georgia Commission on Women, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable Tita Stewart of Fulton County, as a member of the Georgia Commission on Women, for the term of office beginning July 1, 2010, and ending July 1, 2014. The Honorable Lori Durden of Bulloch County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning February 19, 2009, and ending February 19, 2014. The Honorable Laura Morgan of Fulton County, as a member of the Board of Commissioners of the Student Finance Commission, for the term of office beginning March 15, 2011, and ending March 15, 2017. The Honorable Faision Middleton of Dougherty County, as a member of the Board of Commissioners of the Student Finance Commission, for the term of office beginning March 15, 2012, and ending March 15, 2018. The Honorable G. Benjamin "Benjy" Thompson IV of Bulloch County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning February 19, 2010, and ending February 19, 2015. The Honorable Bobby R. Holton of Monroe County, as a member of the State Board of Registration for Used Car Dealers and Motor Vehicle Parts, for the term of office beginning June 30, 2011, and ending June 30, 2015. The Honorable Charles Miller of DeKalb County, as a member of the DOT Roadside Enhancement & Beautification Council, for the term of office beginning January 1, 2011, and ending January 1, 2015. THURSDAY, MARCH 22, 2012 2881 The Honorable Michael Fowler of Dougherty County, as a member of the State Board of Funeral Service, for the term of office beginning February 13, 2012, and ending February 13, 2018. The Honorable E. Lawton Sack of Bulloch County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Joseph Vogt III of Gwinnett County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Melvin Stowers of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable William Dunaway of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Lisa Adams of Toombs County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Wendell Dallas of Gwinnett County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Douglas Duncan Jr. of Columbia County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Earl Smith of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Gerry Harkins of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Ann Cramer of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. 2882 JOURNAL OF THE SENATE The Honorable Sarah Harrison of Whitfield County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable John Krueger of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Liza Leiter of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Thomas Morrill of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Beth Herman of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Joseph Marks of Houston County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Melvin Davis of Oconee County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Travis Turner of White County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Ivan Figueroa of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Keith Brady of Coweta County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Rachel Ray of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. THURSDAY, MARCH 22, 2012 2883 The Honorable Gayle Silvey of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Ronald Bobo of Fulton County, as a member of the State Board of Accountancy, for the term of office beginning June 30, 2011, and ending June 30, 2015. The Honorable Wendy Troyer of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning July 1, 2009, and ending July 1, 2013. The Honorable Mitch Everett of Fulton County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable Cliff McCurry of Chatham County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2010, and ending July 1, 2013. The Honorable Brent Bracewell of Coweta County, as a member of the Board of Public Health, for the term of office beginning July 1, 2009, and ending July 1, 2012. The Honorable James "Jim" Seymour of Glynn County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The Honorable Gary Jones of Columbia County, as a member of the Board of Commissioners of the Peace Officers Annuity & Benefit Fund, for the term of office beginning June 30, 2011, and ending June 30, 2014. The Honorable Franklin Rozier of Pierce County, as a member of the Board of Juvenile Justice, for the term of office beginning July 6, 2010, and ending July 6, 2015. The Honorable Willie Bolton of Clarke County, as a member of the Board of Juvenile Justice, for the term of office beginning July 6, 2011, and ending July 6, 2016. The Honorable James R. Lovell of Rabun County, as a member of the Georgia Soil and Water District Supervisor, Blue Ridge Mountain District, for the term of office beginning March 16, 2012, and ending December 31, 2012. The Honorable Frank K. Bonnell of Catoosa County, as a member of the Georgia Soil and Water District Supervisor, Catoosa County District, for the term of office beginning March 16, 2012, and ending December 31, 2012. Referred to the Committee on Assignments. 2884 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. Senator Hill of the 4th moved that the Senate adhere to its substitute to HB 742 and that a Conference Committee be appointed. There was no objection, and the President appointed as a Conference Committee the following Senators: Hill of the 4th, Goggans of the 7th and Golden of the 8th. The following resolutions were read and adopted: SR 1224. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Joey Byrd, 2011 Rookie of the Year; and for other purposes. SR 1225. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Lieutenant Matt O'Keefe, 2012 Supervisor of the Year; and for other purposes. SR 1226. By Senators Balfour of the 9th and Unterman of the 45th: A RESOLUTION recognizing and commending the Grayson High School football team on their 2011 Georgia High School Association Class AAAAA State Football Championship; and for other purposes. SR 1227. By Senator Albers of the 56th: A RESOLUTION commending the Georgia Chapter of the National MS Society and recognizing March 22, 2012, as Multiple Sclerosis Awareness Day at the state capitol; and for other purposes. SR 1228. By Senator Albers of the 56th: A RESOLUTION recognizing and commending the 2011 Milton High School girls lacrosse team on winning their sixth State Championship in seven years; and for other purposes. THURSDAY, MARCH 22, 2012 2885 SR 1229. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Mr. Randy Cardoza on his outstanding public service; and for other purposes. SR 1230. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Mrs. Everlena Brint on the occasion of her 100th birthday; and for other purposes. SR 1231. By Senator Harbison of the 15th: A RESOLUTION recognizing and commending Ekta Parab and Caymus Price; and for other purposes. SR 1232. By Senators Jones of the 10th, Millar of the 40th, Carter of the 42nd and Butler of the 55th: A RESOLUTION recognizing and commending the Miller Grove High School girls basketball team on winning the 2012 Class AAAA State Championship; and for other purposes. SR 1233. By Senators Jones of the 10th, Millar of the 40th, Carter of the 42nd and Butler of the 55th: A RESOLUTION recognizing and commending the Columbia High School girls basketball team on winning the 2012 Class AAA State Championship; and for other purposes. SR 1234. By Senators Jones of the 10th, Millar of the 40th, Carter of the 42nd and Butler of the 55th: A RESOLUTION recognizing and commending the Columbia High School boys basketball team on winning the 2012 Class AAA State Championship; and for other purposes. SR 1235. By Senator James of the 35th: A RESOLUTION recognizing and commending the Pacific Institute of Technology; and for other purposes. 2886 JOURNAL OF THE SENATE SR 1236. By Senator Jeffares of the 17th: A RESOLUTION honoring the life and memory of Mr. Emmitt Wilson Henley, Jr.; and for other purposes. SR 1237. By Senator Paris of the 26th: A RESOLUTION recognizing and commending the Macon-Bibb County Fire Department; and for other purposes. SR 1238. By Senator Paris of the 26th: A RESOLUTION recognizing and commending Mr. Frank J. Johnson; and for other purposes. SR 1239. By Senators Hill of the 4th and Williams of the 19th: A RESOLUTION recognizing and commending Mr. Bruce Oliver on the occasion of his retirement; and for other purposes. The following local, uncontested legislation, favorably reported by the committee as listed on the Local Consent Calendar, was put upon its passage: SENATE LOCAL CONSENT CALENDAR Thursday March 22, 2012 Thirty-seventh Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 527 Crosby of the 13th TURNER COUNTY A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. SUBSTITUTE SB 528 SB 529 SB 530 THURSDAY, MARCH 22, 2012 2887 Crosby of the 13th TURNER COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. SUBSTITUTE Rogers of the 21st Murphy of the 27th CHEROKEE COUNTY A BILL to be entitled an Act to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to repeal conflicting laws; and for other purposes. Jeffares of the 17th CITY OF MANSFIELD A BILL to be entitled an Act to provide a new charter for the City of Mansfield; 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 definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. 2888 SB 532 SB 533 HB 963 HB 1225 JOURNAL OF THE SENATE Thompson of the 5th Millar of the 40th Carter of the 42nd Ramsey, Sr. of the 43rd CITY OF DORAVILLE A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Loudermilk of the 52nd FLOYD COUNTY A BILL to be entitled an Act to provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Staton of the 18th Paris of the 26th BIBB COUNTY A BILL to be entitled an Act to amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SUBSTITUTE Bulloch of the 11th CITY OF MOULTRIE A BILL to be entitled an Act to authorize the governing authority of the City of Moultrie to levy an excise tax pursuant to subsection (b) of Code Section 48-13-51 of the O.C.G.A.; to provide procedures, HB 1239 HB 1240 HB 1242 THURSDAY, MARCH 22, 2012 2889 conditions, and limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th Williams of the 19th TATTNALL COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the board of education of Tattnall County, approved February 29, 1968 (Ga. L. 1968, p. 2077), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3922), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3802), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Hill of the 4th Williams of the 19th TATTNALL COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners of Tattnall County, approved August 8, 1927 (Ga. L. 1927, p. 674), as amended, particularly by an Act approved April 11, 2002 (Ga. L. 2002, p. 3916), and by an Act approved May 30, 2003 (Ga. L. 2003, p. 3833), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Miller of the 49th HALL COUNTY A BILL to be entitled an Act to amend an Act creating a board of commissioners of Hall County, approved March 21, 1935 (Ga. L. 1935, p. 661), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4941), so as to change the description of the 2890 HB 1243 HB 1244 HB 1245 JOURNAL OF THE SENATE commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. Williams of the 19th CITY OF GLENNVILLE A BILL to be entitled an Act to amend an Act creating a new charter for the City of Glennville, approved August 21, 1911 (Ga. L. 1911, p. 1228), as amended, particularly by an Act approved March 22, 1990 (Ga. L. 1990, p. 4466), an Act approved April 28, 2006 (Ga. L. 2006, p. 3756), and an Act approved May 11, 2009 (Ga. L. 2009, p. 4304), so as to change the corporate limits of the city; to repeal conflicting laws; and for other purposes. Tippins of the 37th CITY OF KENNESAW A BILL to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, approved April 10, 1971 (Ga. L. 1971, p. 3620), as amended, particularly by home rule amendment filed in the office of Secretary of State September 22, 2009 (Ga. L. 2010, p. 4239), and as amended by an Act approved April 20, 2011 (Ga. L. 2011, p. 3645), so as to change the provisions relating to the corporate limits of the city; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th FRANKLIN COUNTY A BILL to be entitled an Act to amend an Act to create a board of elections and registration for Franklin County and to provide for its powers and duties, approved May 1, 2008 (Ga. L. 2008, p. 3632), so as to stagger the terms of the members of the board; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1249 HB 1250 HB 1251 HB 1252 THURSDAY, MARCH 22, 2012 2891 Mullis of the 53rd LYERLY, TOWN OF A BILL to be entitled an Act to provide a new charter for the Town of Lyerly; 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 effective dates; to repeal conflicting laws; and for other purposes. Bethel of the 54th MURRAY COUNTY A BILL to be entitled an Act to amend an Act to create the board of elections of Murray County, approved March 12, 1984 (Ga. L. 1984, p. 4009), so as to create the Murray County Board of Elections and Registration; to change the manner of selection of members of the board of elections and registration; to provide for certain qualifications for members of the board; to provide for the certification of appointments; to provide for filling of vacancies; to provide for oaths of office; to provide for related matters; to repeal conflicting laws; and for other purposes. Tolleson of the 20th DODGE COUNTY EASTMAN DEVELOPMENT AUTHORITY A BILL to be entitled an Act to provide for the membership of the Dodge County - Eastman Development Authority; to provide a statement of authority; to provide for related matters; to repeal conflicting laws; to provide for an effective date; and for other purposes. Tolleson of the 20th GEORGIA REGIONAL AIRPORT AUTHORITY A BILL to be entitled an Act to amend an Act creating the Heart of Georgia Regional Airport Authority, approved April 18, 1995 (Ga. L. 1995, p. 4448), as amended, particularly by an Act approved 2892 JOURNAL OF THE SENATE April 19, 2000 (Ga. L. 2000, p. 4294), so as to change the method of appointing the members of the authority; to repeal conflicting laws; to provide for an effective date; and for other purposes. HB 1253 Williams of the 19th JEFF DAVIS COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Jeff Davis County, approved March 27, 1972 (Ga. L. 1972, p. 2760), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3902), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1254 Williams of the 19th JEFF DAVIS COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Jeff Davis County, approved March 25, 1958 (Ga. L. 1958, p. 3288), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 3896), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 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 1248 Carter of the 1st Jackson of the 2nd CITY OF GARDEN CITY A BILL to be entitled an Act to provide for a homestead exemption from City of Garden City ad valorem taxes for municipal purposes in THURSDAY, MARCH 22, 2012 2893 the amount of $40,000.00 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 substitute to the following bill was put upon its adoption: *SB 527: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 527: A BILL TO BE ENTITLED AN ACT To amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), is amended by revising subsections (a) and (b) of Section 1 as follows: "(a) For the purpose of electing members of the board of education of Turner County, the Turner County School District is divided into five districts. Such districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina'. (b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a 2894 JOURNAL OF THE SENATE VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of the Turner County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Turner County School District which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia." SECTION 2. The Board of Education of Turner County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Turner County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013. SECTION 3. The Board of Education of Turner County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Education of Turner County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 22, 2012 Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina District 001 Turner County VTD: 2871 - ASHBURN 970200: 1061 1062 1068 2151 2152 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3032 3033 3034 3035 3036 3037 3038 3039 4012 4013 4014 4015 4016 4017 4018 4019 4020 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4049 4050 4051 4052 4053 5021 5022 5023 5029 5039 5040 5041 5045 5046 5047 5048 5049 5050 District 002 Turner County VTD: 2871 - ASHBURN 970200: 2130 2132 3030 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4021 4022 4023 4024 4025 4026 4027 4028 4029 4044 4045 4046 4047 4048 5031 5032 5033 5034 5035 5036 5037 5038 5044 5051 5052 5055 5056 5064 5066 5067 5068 5069 5070 970300: 1006 1007 1008 1009 1010 1011 VTD: 2872 - SYCAMORE 970300: 1000 1001 1002 1003 1004 1005 1012 1013 1014 1021 1022 1023 1024 1025 1035 1045 1101 1102 1104 1105 1106 1107 1108 2061 2062 2063 2064 2065 2066 2067 2068 2069 2131 District 003 Turner County VTD: 2871 - ASHBURN 970200: 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1063 1064 1076 1085 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2895 2896 JOURNAL OF THE SENATE 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2131 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2192 2197 2198 2199 2202 2203 2204 2205 2206 2207 VTD: 2872 - SYCAMORE 970200: 2190 2191 2193 2194 2195 2196 2200 2201 970300: 1109 4036 4037 4038 4039 4040 4041 4042 4043 4044 4049 4050 4051 4052 4053 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4150 4151 4152 4153 4154 4155 4156 4157 4158 4160 4161 District 004 Turner County VTD: 2871 - ASHBURN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1065 1066 1067 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 2000 2001 2002 2003 2004 2005 2034 2035 2055 2056 2057 2058 2059 2060 2061 2062 5000 5001 5005 5006 5007 5008 5009 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5024 5025 5026 5027 5028 5030 5042 5043 5053 5054 5057 5058 5059 5060 5061 5063 5065 5071 VTD: 2872 - SYCAMORE 970200: 5002 5003 5004 5011 5062 970300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2035 2037 2038 2054 2124 2130 VTD: 2873 - REBECCA District 005 Turner County VTD: 2872 - SYCAMORE 970300: THURSDAY, MARCH 22, 2012 2897 1015 1016 1017 1018 1019 1020 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1103 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 2057 2058 2059 2060 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2125 2126 2127 2128 2129 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4045 4046 4047 4048 4054 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4159 4162 4163 4164 4165 4166 On the adoption of the substitute, the yeas were 44, nays 2, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *SB 528: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 528: A BILL TO BE ENTITLED AN ACT To amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. 2898 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), is amended by revising subsections (a) and (b) of Section 1 as follows: "(a) For the purpose of electing members of the board of commissioners of Turner County, Turner County is divided into five commissioner districts. Such districts shall be and correspond to those five numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina'. (b)(1) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (2) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Turner County which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Turner County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (4) Except as otherwise provided in the description of any district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia." SECTION 2. The Board of Commissioners of Turner County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Commissioners of Turner County so continued and constituted, sometimes referred to in this Act as the "board," shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013. SECTION 3. The Board of Commissioners of Turner County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of THURSDAY, MARCH 22, 2012 2899 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. If, as of the first date upon which candidates may begin qualifying for the general primary in 2012, implementation of this Act is not permissible under the federal Voting Rights Act of 1965, as amended, then as of such date this Act shall be void and stand repealed in its entirety. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Commissioners of Turner County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan: turnerccsb-2012 Plan Type: Local Administrator: Turner Co. User: Gina District 001 Turner County VTD: 2871 - ASHBURN 970200: 1061 1062 1068 2151 2152 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3032 3033 3034 3035 3036 3037 3038 3039 4012 4013 4014 4015 4016 4017 4018 4019 4020 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4049 4050 4051 4052 4053 5021 5022 5023 5029 5039 5040 5041 5045 5046 5047 5048 5049 5050 District 002 Turner County VTD: 2871 - ASHBURN 970200: 2130 2132 3030 3031 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4021 4022 4023 4024 4025 4026 4027 4028 4029 4044 4045 4046 4047 4048 5031 5032 5033 5034 5035 5036 5037 5038 5044 5051 5052 5055 5056 5064 5066 5067 5068 5069 5070 970300: 1006 1007 1008 1009 1010 1011 VTD: 2872 - SYCAMORE 2900 JOURNAL OF THE SENATE 970300: 1000 1001 1002 1003 1004 1005 1012 1013 1014 1021 1022 1023 1024 1025 1035 1045 1101 1102 1104 1105 1106 1107 1108 2061 2062 2063 2064 2065 2066 2067 2068 2069 2131 District 003 Turner County VTD: 2871 - ASHBURN 970200: 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1063 1064 1076 1085 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2063 2064 2065 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2124 2125 2126 2127 2128 2129 2131 2133 2134 2135 2136 2137 2138 2139 2140 2141 2142 2143 2144 2145 2146 2147 2148 2149 2150 2153 2154 2155 2156 2157 2158 2159 2160 2161 2162 2163 2164 2165 2166 2167 2168 2169 2170 2171 2172 2173 2174 2175 2176 2177 2178 2179 2180 2181 2182 2183 2184 2185 2186 2187 2188 2189 2192 2197 2198 2199 2202 2203 2204 2205 2206 2207 VTD: 2872 - SYCAMORE 970200: 2190 2191 2193 2194 2195 2196 2200 2201 970300: 1109 4036 4037 4038 4039 4040 4041 4042 4043 4044 4049 4050 4051 4052 4053 4055 4056 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4150 4151 4152 4153 4154 4155 4156 4157 4158 4160 4161 District 004 Turner County VTD: 2871 - ASHBURN 970200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1065 1066 1067 1069 1070 1071 1072 1073 1074 1075 1077 1078 1079 1080 1081 1082 1083 1084 2000 2001 2002 2003 2004 2005 2034 2035 2055 2056 2057 2058 2059 2060 2061 2062 5000 5001 5005 5006 THURSDAY, MARCH 22, 2012 2901 5007 5008 5009 5010 5012 5013 5014 5015 5016 5017 5018 5019 5020 5024 5025 5026 5027 5028 5030 5042 5043 5053 5054 5057 5058 5059 5060 5061 5063 5065 5071 VTD: 2872 - SYCAMORE 970200: 5002 5003 5004 5011 5062 970300: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2035 2037 2038 2054 2124 2130 VTD: 2873 - REBECCA District 005 Turner County VTD: 2872 - SYCAMORE 970300: 1015 1016 1017 1018 1019 1020 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1037 1038 1039 1040 1041 1042 1043 1044 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1103 2036 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 2057 2058 2059 2060 2070 2071 2072 2073 2074 2075 2076 2077 2078 2079 2080 2081 2082 2083 2084 2085 2086 2087 2088 2089 2090 2091 2092 2093 2094 2095 2096 2097 2098 2099 2100 2101 2102 2103 2104 2105 2106 2107 2108 2109 2110 2111 2112 2113 2114 2115 2116 2117 2118 2119 2120 2121 2122 2123 2125 2126 2127 2128 2129 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4045 4046 4047 4048 4054 4075 4076 4077 4078 4079 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4159 4162 4163 4164 4165 4166 On the adoption of the substitute, the yeas were 44, nays 2, and the committee substitute was adopted. 2902 JOURNAL OF THE SENATE The substitute to the following bill was put upon its adoption: *HB 963: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 963: A BILL TO BE ENTITLED AN ACT To amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, is amended by revising Section 2E as follows: "SECTION 2E. (a) For purposes of electing members of the board of public education, other than the at-large members, the Bibb County School District is divided into six education districts which shall correspond to Posts 1 through 6. The six education districts shall be and correspond to those six numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: bibbsbR-2012-s018 Plan Type: Local Administrator: s018 User: Gina'. (b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the Bibb County School District which is not included in any district described in subsection (a) of this section shall be included within that district THURSDAY, MARCH 22, 2012 2903 contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the Bibb County School District which is described in subsection (a) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. The Board of Education of Bibb County which existed on December 31, 2012, is continued in existence but on and after January 1, 2013, shall be constituted as provided in this Act. The Board of Education of Bibb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to January 1, 2013. SECTION 3. The Board of Education of Bibb County shall through its legal counsel submit this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended, within 30 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. The provisions of this Act relating to and necessary for the regular election in 2012 of members of the Board of Bibb County shall become effective upon its approval by the Governor or upon its becoming effective without such approval; and this Act shall otherwise become effective January 1, 2013. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan: bibbsbR-2012-s018 Plan Type: Local Administrator: s018 User: Gina District 001 Bibb County VTD: 021EM1 - EAST MACON 1 VTD: 021EM2 - EAST MACON 2 VTD: 021EM3 - EAST MACON 3 VTD: 021EM4 - EAST MACON 4 VTD: 021EM5 - EAST MACON 5 2904 JOURNAL OF THE SENATE VTD: 021EM6 - EAST MACON 6 VTD: 021HO5 - HOWARD 5 VTD: 021VV8 - VINEVILLE 8 District 002 Bibb County VTD: 021GF1 - GODFREY 1 VTD: 021GF2 - GODFREY 2 VTD: 021GF3 - GODFREY 3 010400: 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4028 4029 4034 4035 012500: 3018 3019 012600: 2006 2017 2018 2019 VTD: 021GF4 - GODFREY 4 012700: 2006 2007 2010 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 012800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1020 VTD: 021GF6 - GODFREY 6 VTD: 021VV1 - VINEVILLE 1 VTD: 021VV2 - VINEVILLE 2 District 003 Bibb County VTD: 021GF4 - GODFREY 4 012800: 1010 1019 012900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 2005 2006 2007 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 013900: 1152 1153 1154 1170 1171 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1191 1226 VTD: 021GF5 - GODFREY 5 VTD: 021GF7 - GODFREY 7 VTD: 021RU1 - RUTLAND 1 THURSDAY, MARCH 22, 2012 VTD: 021RU2 - RUTLAND 2 VTD: 021WA2 - WARRIOR 2 013101: 1073 1074 1075 013603: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 2046 013604: 1010 1011 1012 1013 1014 1016 1017 District 004 Bibb County VTD: 021HA2 - HAZZARD 2 VTD: 021HA3 - HAZZARD 3 013101: 1069 1070 013201: 2052 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4023 4024 4025 4032 4041 4042 4043 013603: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 013604: 2000 2001 2019 2020 2028 2029 2030 3000 3001 3002 3005 013606: 1010 1011 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 VTD: 021HA4 - HAZZARD 4 VTD: 021HA6 - HAZZARD 6 VTD: 021HA7 - HAZZARD 7 VTD: 021HO2 - HOWARD 2 013410: 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2026 2028 3005 3006 3007 3008 3009 3010 3011 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3031 VTD: 021WA1 - WARRIOR 1 VTD: 021WA2 - WARRIOR 2 013604: 1015 1020 3003 3004 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 2905 2906 JOURNAL OF THE SENATE District 005 Bibb County VTD: 021GF3 - GODFREY 3 010400: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4030 4031 4032 4033 4036 4037 4038 4039 4040 4041 4042 4043 012500: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3024 3025 3028 3029 3030 3031 3032 3033 VTD: 021HA1 - HAZZARD 1 VTD: 021HA5 - HAZZARD 5 VTD: 021HO4 - HOWARD 4 VTD: 021VV3 - VINEVILLE 3 VTD: 021VV4 - VINEVILLE 4 VTD: 021VV5 - VINEVILLE 5 012200: 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2055 2056 012400: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1016 1017 1018 1019 1020 1021 1022 1023 1028 VTD: 021VV6 - VINEVILLE 6 VTD: 021VV7 - VINEVILLE 7 District 006 Bibb County VTD: 021HA3 - HAZZARD 3 013201: 2000 2001 2002 2003 2005 2006 2007 2008 2009 2010 2011 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2034 2053 2054 2055 013410: 2022 2027 013605: 1005 1006 1007 1008 1010 1011 013606: 4000 4001 4002 4003 4004 4005 4006 4007 4008 VTD: 021HO1 - HOWARD 1 VTD: 021HO2 - HOWARD 2 012101: 1002 1003 1005 1006 1007 1009 1010 1019 1025 1033 1034 1035 THURSDAY, MARCH 22, 2012 2907 1036 1037 1038 1047 1048 1049 1050 012200: 2011 2057 013201: 2014 2015 2016 013410: 1008 1009 1010 1011 1014 1015 1016 1017 1020 1022 1023 1024 1025 1026 1027 1030 1031 1032 1035 1036 1039 2000 2001 2002 2003 2004 2005 2023 2024 2025 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2046 2056 2057 2058 2059 2060 2061 2062 2063 3012 VTD: 021HO3 - HOWARD 3 VTD: 021HO6 - HOWARD 6 VTD: 021HO7 - HOWARD 7 VTD: 021HO8 - HOWARD 8 VTD: 021HO9 - HOWARD 9 VTD: 021VV5 - VINEVILLE 5 012200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2054 012400: 1009 1010 1011 1012 1013 1014 1015 1025 1026 1027 1029 On the adoption of the substitute, the yeas were 44, nays 2, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Hamrick E Harbison Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares N Jones Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C 2908 JOURNAL OF THE SENATE Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local bills, the yeas were 44, nays 2. The bills on the Local Consent Calendar, except SB 527, SB 528, and HB 963, having received the requisite constitutional majority, were passed. SB 527, SB 528, and HB 963, having received the requisite constitutional majority, were passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has adopted by the requisite constitutional majority the following Resolution of the House: HR 1978. By Representative O`Neal of the 146th: A RESOLUTION relative to adjournment; and for other purposes. Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 181 HB 272 SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR THURSDAY, MARCH 22, 2012 THIRTY-SEVENTH LEGISLATIVE DAY Special needs scholarship program; waiver one requirement; provide (Substitute) (ED&Y-40th) Golick-34th Juvenile court; rehearing an order of associate juvenile court judge; delete provision (Substitute) (JUDY-54th) Weldon-3rd THURSDAY, MARCH 22, 2012 2909 HB 297 Retirement and pensions; public systems prohibited from expending fund for certain purposes; provide (RET-54th) Maxwell-17th HB 472 Brewpub distribution system; maximum barrels of beer manufactured and sold; increase (RI&U-29th) Smith-131st HB 535 War veterans homes; Veterans Service Board establish residency fee; authorize (APPROP-45th) Oliver-83rd HB 811 Budgetary and financial affairs; automatic fee adjustment in certain cases; provide (Substitute) (APPROP-7th) Powell-171st HB 835 Vehicles; 5 percent variance of weight limitations for towing disabled commercial vehicles; provide (TRANS-7th) Roberts-154th HB 879 Elementary and secondary education; care of students with diabetes in school; provide (Substitute) (H&HS-16th) Ramsey-72nd HB 985 Motor Vehicles; temporary license plates; modify provisions (PUB SAF-53rd) Powell-29th HB 1132 Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide (RI&U-18th) Dickey-136th HR 1160 Word, Mr. Lathan Rydell; compensate (APPROP-29th) Hugley-133rd HR 1161 Cauley, Mr. James A.; compensate and provide state income tax exclusion (APPROP-14th) Buckner-130th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Pursuant to O.C.G.A. 28-12-1, notice having been given on Wednesday, March 21, 2012, the following legislation is subject to the call of the chair for consideration today, Thursday, March 22, 2012. HB 386 Revenue and taxation; revenue structure; comprehensive revision (31st) Channell-116th 2910 JOURNAL OF THE SENATE The following legislation was read the third time and put upon its passage: HB 181. By Representatives Golick of the 34th, Coleman of the 97th, Casas of the 103rd, Lindsey of the 54th, Nix of the 69th 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 provide for the waiver of one of the scholarship requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. The Senate Education and Youth Committee offered the following substitute to HB 181: 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 provide for additional notification of the program; to provide for the waiver of one of the scholarship requirements under certain conditions; to revise certain provisions relating to the amount of the scholarship; to provide for application deadlines; to provide deadlines for scholarship payments to 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. 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 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, which shall be in the following form: '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 the parent of a student with a disability is provided such notice at each Individualized Education Program (IEP) meeting." THURSDAY, MARCH 22, 2012 2911 SECTION 2. Said article is further amended by revising subsection (a) of Code Section 20-2-2114, relating to qualifications for the scholarship, as follows: "(a) A student shall qualify for a scholarship under this article if: (1) The student's parent currently resides within Georgia and has been a Georgia resident for at least one year; (2) The student has one or more of the following disabilities: (A) Autism; (B) Deaf/blind; (C) Deaf/hard of hearing; (D) Emotional and behavioral disorder; (E) Intellectual disability; (F) Orthopedic impairment; (G) Other health impairment; (H) Specific learning disability; (I) Speech-language impairment; (J) Traumatic brain injury; or (K) Visual impairment; (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 Individualized Education Program was put in place; provided, however, that the State Board of Education shall be authorized to require a local board of education to expedite the development of an Individualized Education Program and to waive the prior school year requirement contained in this paragraph, in its sole discretion, on a case-by-case basis for specific medical needs of the student upon the request of a parent or guardian in accordance with state board procedures. If an expedited Individualized Education Program is required by the state board pursuant to this paragraph, the state board may additionally require such expedited process to be completed prior to the beginning of the school year. The State Board of Education shall provide an annual report by December 31 of each year through December 31, 2015, regarding the number of waivers approved pursuant to this paragraph to the General Assembly; (4) The parent obtains acceptance for admission of the student to a participating school; and (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 September 15, December 15, and February 15 of each school year for a student to transfer." SECTION 3. Said article is further amended by revising subsections (a), (d), and (e) of Code Section 20-2-2116, relating to the amount of the scholarship and methods of payment, as follows: 2912 JOURNAL OF THE SENATE "(a) The maximum scholarship granted a scholarship student pursuant to this article shall be an amount equivalent to the costs of the educational program that would have been provided for the student in the resident school system. This amount shall be as calculated under Code Section 20-2-161 and reduced by the local five mill share amount required pursuant to Code Section 20-2-164, austerity reductions, and any other state mandated reductions that occur midyear or otherwise, as applicable. This shall not include any federal funds." "(d) Each local school system shall submit quarterly reports to the department on dates established by the department stating the number of scholarship students in the resident school system. Following each notification, the department shall transfer from the state allotment to each school system the amount calculated under Code Section 20-2-161 subsection (b) of this Code section to a separate account for the scholarship program for quarterly disbursement to the parents of scholarship students. When a student enters the program, the department must receive all documentation required for the student's participation, including the participating school's and student's fee schedules, at least 30 days before the first quarterly scholarship payment is made for the student. The department may not make any retroactive payments. (e) Upon proper documentation received by the department, the department shall make quarterly scholarship payments to the parents of scholarship students on dates established by the department on or before November 1, January 7, April 1, and May 1 for quarterly periods corresponding, respectively, to August 1 through September 30, October 1 through November 30, December 1 through the last day of February, and March 1 through May 31 during each academic year in which the scholarship is in force. As nearly as practical, such quarterly payments shall be equal; provided, however, that this shall not prevent payments from being adjusted due to budgetary midterm adjustments made pursuant to Code Section 20-2-162. The state auditor shall cite as an audit exception any failure by the department to meet any 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." 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: THURSDAY, MARCH 22, 2012 2913 Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone E Stoner E Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 34, nays 16. HB 181, having received the requisite constitutional majority, was passed by substitute. At 12:24 p.m. the President announced that the Senate would stand at ease until 1:15 p.m. At 1:15 p.m. the President called the Senate to order. HB 386. By Representatives Channell of the 116th, O`Neal of the 146th, Jones of the 46th and Peake of the 137th: A BILL to be entitled an Act to amend Titles 48, 2, 28, 33, 36, 46, and 50 of the O.C.G.A., relating respectively, to revenue and taxation, agriculture, the General Assembly, insurance, local government, public utilities, and state government, so as to provide for comprehensive revision of the revenue structure of the State of Georgia; to implement the recommendations of the 2010 Special Council on Tax Reform and Fairness for Georgians as provided for and required by Chapter 12 of the Title 28 of the O.C.G.A.; to repeal Article 3 of Chapter 5 of Title 28, relating to fiscal bills generally; to amend certain titles of the O.C.G.A. so as to correct certain cross-references and make conforming changes; and for other purposes. Senate Sponsor: Senator Heath of the 31st. 2914 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 54, nays 0. HB 386, having received the requisite constitutional majority, was passed. Senator Davis of the 22nd was excused for business outside the Senate Chamber. The Calendar was resumed. HB 272. By Representatives Weldon of the 3rd, Lane of the 167th, Bryant of the 160th, Atwood of the 179th, Huckaby of the 113th and others: A BILL to be entitled an Act to amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, so as to delete provisions relative to a rehearing on the order of an associate juvenile court judge; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. THURSDAY, MARCH 22, 2012 2915 The Senate Judiciary Committee offered the following substitute to HB 272: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 1 of Chapter 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, so as to delete provisions relative to a rehearing on the order of an associate juvenile court judge; to provide for the appointment of a judge pro tempore; 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 11 of Title 15 of the Official Code of Georgia Annotated, relating to juvenile court administration, is amended by revising Code Section 15-11-21, relating to associate juvenile court judges, appointment and compensation, qualifications, conduct of hearings, and rehearing, as follows: "15-11-21. (a) The judge may appoint one or more persons to serve as an associate juvenile court judge in juvenile matters on a full-time or part-time basis. The associate juvenile court judge shall serve at the pleasure of the judge, and his or her salary shall be fixed by the judge with the approval of the governing authority or governing authorities of the county or counties for which the associate juvenile court judge is appointed. The salary of each associate juvenile court judge shall be paid from county funds. (b) Each associate juvenile court judge shall have the same qualifications as required for a judge of the juvenile court as provided in subsection (e) of Code Section 15-1118; provided, however, that any person serving as an associate juvenile court judge on July 1, 2007, shall be qualified for appointment thereafter to serve as an associate juvenile court judge. (c) In any case or class of cases involving alleged delinquent, unruly, or deprived children, the judge shall determine whether such case shall be conducted by the judge or by the associate juvenile court judge in the manner provided by this article. (d) Upon the conclusion of a hearing before an associate juvenile court judge, the associate juvenile court judge shall sign and file an order of the court which sets forth the decision made by the associate juvenile court judge. A copy of the order shall be given to the parties to the proceedings. (e) A rehearing may be ordered by the judge at any time and, except for detention hearings or probable cause hearings, shall be ordered if a party files a written request therefor within five days after receiving a copy of the order of the associate juvenile court judge." SECTION 2. Said part is further amended by revising Code Section 15-11-23, relating to appointment of judge pro tempore, authority, and emolument, as follows: 2916 JOURNAL OF THE SENATE "15-11-23. In the event of the disqualification, illness, or absence of the judge of the juvenile court, the judge of the juvenile court may appoint any attorney at law resident in the judicial circuit in which the court lies, any judge or senior judge of the superior courts, or any duly appointed juvenile court judge, or any duly appointed associate juvenile court judge to serve as judge pro tempore of the juvenile court. In the event the judge of the juvenile court is absent or unable to make such appointment, the judge of the superior court of that county may so appoint. The person so appointed shall have the authority to preside in the stead of the disqualified, ill, or absent judge and shall be paid from the county treasury such emolument as the appointing judge shall prescribe; provided, however, that the emolument shall not exceed the compensation received by the regular juvenile court judge for such services." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, MARCH 22, 2012 2917 On the passage of the bill, the yeas were 50, nays 0. HB 272, having received the requisite constitutional majority, was passed by substitute. Senator Heath of the 31st was excused for business outside the Senate Chamber. HB 297. By Representatives Maxwell of the 17th, Meadows of the 5th, Benton of the 31st, Brooks of the 63rd, Buckner of the 130th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 47 of the Official Code of Georgia Annotated, relating to general provisions relative to retirement and pensions, so as to provide that public retirement systems shall be prohibited from expending or obligating funds for certain purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 14, 2011 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 297 (LC 21 2008) Dear Representative Maxwell: This bill would amend general provisions relating to retirement and pensions. Specifically, this bill would prohibit any public retirement system from having an 2918 JOURNAL OF THE SENATE insurable interest in active or retired members of their system. Retirement systems would not have the authority to expend or obligate funds under their control to purchase life insurance on its members unless the benefits are paid to a member's estate or to a beneficiary designated by the individual member. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison E Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 297, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 22, 2012 2919 HB 472. By Representatives Smith of the 131st, Ehrhart of the 36th, Maxwell of the 17th, Lindsey of the 54th and Benfield of the 85th: A BILL to be entitled an Act to amend Code Section 3-5-36 of the Official Code of Georgia Annotated, relating to the brewpub exception to the three-tier distribution system, so as to amend the terms and conditions that exist for owners and operators of brewpubs; to increase the maximum quantity of barrels of beer that may be manufactured and sold; to remove that requirement that beer be sold solely in draft form; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator McKoon 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison E Heath Y Henson Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims N Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 1. HB 472, having received the requisite constitutional majority, was passed. 2920 JOURNAL OF THE SENATE The following resolution was read and put upon its adoption: HR 1978. By Representative O`Neal of the 146th: 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 2012 regular session of the General Assembly for the period of Friday, March 23, 2012, through Thursday, March 29, 2012, shall be as follows: Friday, March 23 through Sunday, March 25..................in adjournment Monday, March 26...........................................................in session for legislative day 38 Tuesday, March 27...........................................................in session for legislative day 39 Wednesday, March 28 .....................................................in adjournment Thursday, March 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 Hooks of the 14th assumed the Chair. The Calendar was resumed. HB 535. By Representatives Oliver of the 83rd, Yates of the 73rd, England of the 108th, Houston of the 170th and Heard of the 114th: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 4 of Title 38 of the Official Code of Georgia Annotated, relating to war veterans homes, so as to authorize the Veterans Service Board to establish a fee for residency in a facility of the Georgia State War Veterans' Home; to provide for a waiver of fees based on economic need; to provide for rules and regulations; to authorize the acceptance of certain assignment of benefits; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. THURSDAY, MARCH 22, 2012 2921 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 535, having received the requisite constitutional majority, was passed. Senator Bethel of the 54th was excused for business outside the Senate Chamber. HB 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. 2922 JOURNAL OF THE SENATE The Senate Appropriations Committee offered the following substitute to HB 811: A BILL TO BE ENTITLED AN ACT To amend Titles 45, 12, and 15 of the Official Code of Georgia Annotated, relating to public officers and employees, conservation and natural resources, and courts, respectively, so as to provide for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide for corresponding changes; 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 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by adding a new Code section to read as follows: "45-12-92.2. (a) As used in this Code section, the term: (1) 'Base amount' means the amount of fee proceeds collected during the complete fiscal year which immediately precedes the fiscal year for which the current appropriation amount is determined with respect to an individual fee which proceeds are required to be remitted for: (A) Deposit in the general fund of the state for use for purposes specified by general law; (B) Use for a specified purpose; (C) Deposit into a trust fund created by general law; or (D) Deposit in a trust fund provided for under the Constitution of Georgia or use for a specified purpose provided for under the Constitution of Georgia when such proceeds are not directly earmarked thereunder or when the General Assembly is authorized thereunder, but not required, to appropriate funds thereto. When a fee amount has been reduced pursuant to any provision of this Code section, then for purposes of calculating amounts as required under this Code section for the next fiscal year, the term shall mean the amount of fee proceeds that would have been collected during a specified fiscal year under the original, unreduced amount of the fee. (2) 'Collecting agency' means: (A) For the fees identified in subparagraphs (A) and (B) of paragraph (4) of this subsection, the state department, state agency, public officer, public official, or public entity which collects or receives proceeds of the fee; and (B) For the fees identified in subparagraphs (C), (D), and (E) of paragraph (4) of this subsection, the term means the Georgia Superior Court Clerks' Cooperative THURSDAY, MARCH 22, 2012 2923 Authority. (3) 'Current appropriation amount' means total amount of funds which were appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection during the fiscal year which immediately precedes the fiscal year for which the new appropriation amount is determined for which the calculations are required under subsection (b) of this Code section. (4) 'Fee' means the: (A) Solid waste disposal surcharge fee provided for under subsection (e) of Code Section 12-8-39 for the hazardous waste trust fund; (B) Tire disposal fee provided for under subsection (h) of Code Section 12-8-40.1 for the solid waste trust fund; (C) Additional penalty sum provided for under subparagraph (a)(1)(A) of Code Section 15-21-73 for peace officer and prosecutor training; (D) Additional penalty sum provided for under subparagraph (a)(2)(A) of Code Section 15-21-73 for bond forfeitures for peace officer and prosecutor training; and (E) Additional penalty sum provided for under subsection (a) of Code Section 1521-179 for the driver education and training fund. (5) 'New appropriation amount' means total amount of funds which are appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection for the newly commencing fiscal year for which the calculations are required under subsection (b) of this Code section. (b) Unless otherwise prohibited pursuant to subsection (f) of this Code section, effective for the fiscal year beginning July 1, 2013, and each fiscal year thereafter, for each subparagraph of paragraph (4) of subsection (a) of this Code section: (1) The Office of Planning and Budget shall determine the base amount for the particular purpose or function as described under that subparagraph of paragraph (4) of subsection (a) of this Code section. (2) The Office of Planning and Budget shall determine the current appropriation amount and the new appropriation amount. (3) The Office of Planning and Budget shall determine an amount equal to 20 percent of the base amount and shall add the amount so determined to the current appropriation amount. This sum shall be the target appropriation amount. (4) If the new appropriation amount is equal to or greater than 95 percent of the base amount or is equal to or greater than the target appropriation amount, then the amount of the fee shall not be reduced under this Code section. (5)(A) If the new appropriation amount is less than the target appropriation amount, then the amount of the fee shall be reduced automatically by operation of this Code section by 20 percent for the fiscal year beginning on July 1; provided, however, that in no event shall the reduction ever be less than an amount equal which would be equal to the new appropriation amount. (B) Except for the fees specified under subparagraphs (a)(4)(A) and (a)(4)(B) of this Code section, any fee amount adjusted pursuant to this paragraph shall be rounded to the nearest whole dollar amount. 2924 JOURNAL OF THE SENATE (C) Immediately following the date the General Appropriations Act for the newly commencing fiscal year is approved by the Governor or becomes law without such approval, the Office of Planning and Budget shall notify the appropriate collecting agency of the adjusted fee amount. (6)(A) Except as otherwise provided in subparagraph (B) of this paragraph, for any fiscal year following a fee reduction under paragraph (5) of this subsection, if the new appropriation amount is equal to or greater than the target appropriation amount, then the fee amount shall, by operation of this Code section, be increased back to the fee amount in place immediately prior to the most recent such reduction. (B) If the new appropriation amount is equal to or greater than the target appropriation amount as determined in the fiscal year in which such fee amount was first reduced under this subsection, then such fee amount shall, by operation of this subparagraph, be increased back to the amount in place immediately prior to such first reduction. (c) For purposes of the calculations required under this Code section, each time that a 20 percent amount has been added to a prior appropriation amount under paragraph (3) of subsection (b) of this Code section, that amount shall remain cumulative and shall remain as a part of the target appropriation amount for purposes of the calculations required under subsection (b) of this Code section for the next fiscal year. (d)(1) Except as otherwise provided in paragraph (2) or (3) of this subsection, calculations under subsection (b) of this Code section shall continue in effect for a fee for each fiscal year until the new appropriation amount is equal to or greater than 95 percent of the target appropriation amount. (2) If, in any subsequent fiscal year, the new appropriation amount is less than 95 percent of the base amount, then there shall be a commensurate fee reduction applicable to that fee amount effective the first day of the subsequent fiscal year in such amount as may be necessary to offset the difference between the new appropriation amount and the base amount in such fiscal year. (3) In the event the 20 percent addition required under paragraph (3) of subsection (b) of this Code section results in the target appropriation amount equaling or exceeding 95 percent of the base amount, then there shall be no reduction in the fee amount under this Code section for the applicable fiscal year. (e) In the event a portion of the proceeds of a particular fee are directed by general law to be remitted by a collecting agency directly to a local governing authority, the reduction in such fee amount, if required by this Code section, shall apply proportionately only to that portion of the fee amount that is not required to be so remitted to such local governing authority. (f)(1) As used in this subsection, the term 'fiscal year spending' means the total amount of moneys appropriated in the General Appropriations Act by the General Assembly and recommended by the Governor as determined by the revenue estimate under Article III, Section IX, Paragraph IV(b) of the Constitution except for: (A) Appropriations funded by moneys received from the federal government; (B) Appropriations funded by discretionary user charges to the extent that such THURSDAY, MARCH 22, 2012 2925 charges do not exceed the cost of goods or services; (C) Proceeds of gifts or bequests made for purposes specified by the donor; (D) Lottery funds; (E) Motor fuel tax proceeds; (F) Tobacco settlement funds; (G) Hospital provider fees and nursing home provider fees; (H) The Revenue Shortfall Reserve Amount for education needs and enrollment growth for grades kindergarten through 12; and (I) Payments from authorities. (2) The provisions of this Code section shall not be implemented until January 1 of the calendar year following the state fiscal year in which the year-end balance of the Revenue Shortfall Reserve funds is equal to or greater than 7 percent of the fiscal year spending for the fiscal year which immediately precedes that year. If, in any subsequent fiscal year, the year-end balance of the amount of funds in the Revenue Shortfall Reserve falls below 7 percent of the fiscal year spending for the fiscal year immediately preceding that year, then the operation of this Code section shall be suspended and each fee amount which has been reduced by the operation of this Code section shall, by operation of this subsection, be increased back to the amount in place immediately prior to its most recent reduction under this Code section. (g) No provision of this Code section providing for the determination of any amount shall preclude the appropriation of greater amounts for purposes or functions covered by this Code section. (h) Each collecting agency covered by this Code section and the Office of Planning and Budget shall promulgate such rules and regulations as are necessary and appropriate to implement and administer this Code section, including, but not limited to, appropriate public notification of any change in a fee amount and the effective date of such change required by any provision of this Code section." SECTION 2. Title 12 of the Official Code of Georgia Annotated, relating to conservation and natural resources, is amended by revising subsection (e) of Code Section 12-8-39, relating to solid waste disposal cost reimbursement fees and surcharges, as follows: "(e)(1) Owners or operators of any solid waste disposal facility other than an inert waste landfill as defined in regulations promulgated by the board or a private industry solid waste disposal facility shall assess and collect on behalf of the division from each disposer of waste a surcharge of 75 per ton of solid waste disposed. Two percent of said surcharges collected may be retained by the owner or operator of any solid waste disposal facility collecting said surcharge to pay for costs associated with collecting said surcharge. Surcharges assessed and collected on behalf of the division shall be paid to the division not later than the first day of July of each year for the preceding calendar year. Any facility permitted exclusively for the disposal of construction or demolition waste that conducts recycling activities for construction or demolition materials shall receive a credit towards such surcharges of 75 per ton of 2926 JOURNAL OF THE SENATE material recycled at the facility. (2) The surcharge amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2." SECTION 3. Said Title 12 is further amended by revising subsection (h) of Code Section 12-8-40.1, relating to tire disposal restrictions and fees, by adding a new paragraph to read as follows: "(4) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2." SECTION 4. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (a) of Code Section 15-21-73, relating to penalties to be imposed in certain criminal and quasi-criminal and traffic cases and upon violation of bond, by adding a new paragraph to read as follows: "(3) Each of the fee amounts provided for in subparagraph (A) of paragraph (1) and subparagraph (A) of paragraph (2) of this subsection shall be subject to revision pursuant to Code Section 45-12-92.2." SECTION 5. Said Title 15 is further amended by revising subsection (a) of Code Section 15-21-179, relating to additional penalties for violation of traffic laws or ordinances, as follows: "(a)(1) In every case in which any court in this state shall impose a fine or bond payment, which shall be construed to include costs, for any violation of the traffic laws of this state or for violations of ordinances of political subdivisions which have adopted by reference the traffic laws of this state, there shall be imposed as an additional penalty a sum equal to 5 percent of the original fine. (2) The fee amount provided for in this subsection shall be subject to revision pursuant to Code Section 45-12-92.2." 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 Henson of the 41st and Carter of the 42nd offered the following amendment #1: Amend the Senate Appropriations Committee substitute to HB 811(LC 28 6247ERS) by deleting lines 12 through 145 and inserting in lieu thereof the following: (a) As used in this Code section, the term: THURSDAY, MARCH 22, 2012 2927 (1) 'Base amount' means the amount of fee proceeds collected during the complete fiscal year which immediately precedes the fiscal year for which the current appropriation amount is determined with respect to an individual fee which proceeds are required to be remitted for: (A) Deposit in the general fund of the state for use for purposes specified by general law; (B) Use for a specified purpose; (C) Deposit into a trust fund created by general law; or (D) Deposit into a trust fund provided for under the Constitution of Georgia or use for a specified purpose provided for under the Constitution of Georgia when such proceeds are not directly earmarked thereunder or when the General Assembly is authorized thereunder, but not required, to appropriate funds thereto. When a fee amount has been reduced pursuant to any provision of this Code section, then for purposes of calculating amounts as required under this Code section for the next fiscal year, the term shall mean the amount of fee proceeds that would have been collected during a specified fiscal year under the original, unreduced amount of the fee. (2) 'Collecting agency' means: (A) For the fees identified in subparagraphs (A) and (B) of paragraph (4) of this subsection, the state department, state agency, public officer, public official, or public entity which collects or receives proceeds of the fee; and (B) For the fees identified in subparagraphs (C) through (J) of paragraph (4) of this subsection, the Georgia Superior Court Clerks' Cooperative Authority. (3) 'Current appropriation amount' means the total amount of funds which were appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection during the fiscal year which immediately precedes the fiscal year for which the new appropriation amount is determined for which the calculations are required under subsection (b) of this Code section. (4) 'Fee' means the: (A) Solid waste disposal surcharge fee provided for under subsection (e) of Code Section 12-8-39 for the hazardous waste trust fund; (B) Tire disposal fee provided for under subsection (h) of Code Section 12-8-40.1 for the solid waste trust fund; (C) Additional penalty sum provided for under subparagraph (a)(1)(A) of Code Section 15-21-73 for peace officer and prosecutor training; (D) Additional penalty sum provided for under subparagraph (a)(1)(B) of Code Section 15-21-73 for indigent criminal defense; (E) Additional penalty sum provided for under subparagraph (a)(2)(A) of Code Section 15-21-73 for bond forfeitures for peace officer and prosecutor training; (F) Additional penalty sum provided for under subparagraph (a)(2)(B) of Code Section 15-21-73 for indigent criminal defense; (G) Additional penalty sum provided for under subsection (a) of Code Section 1521-179 for the driver education and training fund; 2928 JOURNAL OF THE SENATE (H) Additional filing fee provided for under subsection (a) of Code Section 1521A-6 for indigent criminal defense; (I) Additional filing fee provided for under subsection (b) of Code Section 15-21A6 for indigent criminal defense; and (J) Additional application fee provided for under subsection (c) of Code Section 1521A-6 for indigent criminal defense. (5) 'New appropriation amount' means the total amount of funds which are appropriated for a purpose or function described under a subparagraph of paragraph (4) of this subsection for the newly commencing fiscal year for which the calculations are required under subsection (b) of this Code section. (b) Effective for the fiscal year beginning July 1, 2013, and each fiscal year thereafter: (1) The Office of Planning and Budget shall determine the base amount for the particular purpose or function as described under a subparagraph of paragraph (4) of subsection (a) of this Code section; (2) The Office of Planning and Budget shall determine the current appropriation amount and the new appropriation amount; (3) The Office of Planning and Budget shall determine an amount equal to 20 percent of the base amount and shall add the amount so determined to the current appropriation amount. This sum shall be the target appropriation amount; (4) If the new appropriation amount is equal to or greater than 95 percent of the base amount or is equal to or greater than the target appropriation amount, then the amount of the fee shall not be reduced under this Code section; (5) If the new appropriation amount is less than the target appropriation amount, then the amount of the fee shall be reduced automatically by operation of this Code section by 20 percent for the fiscal year beginning on July 1. Any fee amount adjusted pursuant to this paragraph shall be rounded to the nearest whole dollar amount. Immediately following the date the General Appropriations Act for the newly commencing fiscal year is approved by the Governor or becomes law without such approval, the Office of Planning and Budget shall notify the appropriate collecting agency of the adjusted fee amount; and (6) For any fiscal year following a fee reduction under paragraph (5) of this subsection, if the new appropriation amount is equal to or greater than the target appropriation amount, then the fee amount shall, by operation of law, be increased back to the fee amount in place immediately prior to the most recent such reduction. (c) For purposes of the calculations required under this Code section, each time that a 20 percent amount has been added to a prior appropriation amount under paragraph (3) of subsection (b) of this Code section, that amount shall remain cumulative and shall remain as a part of the target appropriation amount for purposes of the calculations required under subsection (b) of this Code section for the next fiscal year." On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th objected. THURSDAY, MARCH 22, 2012 2929 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack E Hill, Judson Hooks (PRS) N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C N Thompson, S N Tippins N Tolleson N Unterman N Wilkinson Williams On the adoption of the amendment, the yeas were 16, nays 34, and the Henson, Carter of the 42nd amendment #1 to the committee substitute was lost. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour E Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B N Jackson, L N Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone 2930 JOURNAL OF THE SENATE Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 7. HB 811, having received the requisite constitutional majority, was passed by substitute. Senator Heath of the 31st was excused for business outside the Senate Chamber. HB 835. By Representatives Roberts of the 154th, Sims of the 169th, Burns of the 157th, Benton of the 31st, Williams of the 165th and others: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 32 of the Official Code of Georgia Annotated, relating to weight and dimensions of vehicles and loads, so as to provide for a 5 percent variance of weight limitations for vehicles towing disabled, damaged, or wrecked commercial vehicles; to provide for annual permits for commercial wreckers exceeding the maximum weight and dimensions for vehicles and loads allowed on the state highway system when conducting an emergency tow; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Goggans of the 7th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour E Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Hamrick E Harbison E Heath Y Henson Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton THURSDAY, MARCH 22, 2012 2931 Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort N Ginn Y Goggans Y Golden Y Gooch Grant Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 835, having received the requisite constitutional majority, was passed. HB 879. By Representatives Ramsey of the 72nd, Cooper of the 41st, Watson of the 163rd, Coleman of the 97th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Health and Human Services Committee offered the following substitute to HB 879: A BILL TO BE ENTITLED AN ACT To amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by 2932 JOURNAL OF THE SENATE parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds that: (1) Diabetes is a serious, chronic disease that impairs the body's ability to use food. Diabetes must be managed 24 hours a day in order to avoid the potentially lifethreatening consequences of blood glucose levels that are either too high (hyperglycemia) or too low (hypoglycemia), and to avoid or delay the serious long-term complications of high blood glucose levels which include blindness, amputation, heart disease, and kidney failure. (2) In order to manage their disease, students with diabetes must have access to the means to balance food, medications, and physical activity levels while at school and at school related activities; (3) Diabetes is generally a self-managed disease, and many students with diabetes are able to perform most of their own diabetes care tasks. Such students should be permitted to do so in the school setting. However, some students, because of age, inexperience, or other factors, need help with some or all of diabetes care tasks, and all students will need help in the event of a diabetes emergency; (4) The school nurse is the preferred person in the school setting to provide or facilitate care for a student with diabetes. Many schools in Georgia, however, do not have a fulltime nurse, or a school nurse may not always be available on site. Thus, even when a nurse is assigned to a school full time, he or she will not always be available to provide direct care during the school day; (5) Diabetes management is needed at all times. Additional school personnel, who have completed training coordinated by the school nurse or other health care professional and who provide care under the supervision of the school nurse or other health care professional, need to be prepared to perform diabetes care tasks at school when a school nurse or other health care professional is not available. Preparations are needed to ensure that students with diabetes will be medically safe and have the same access to educational opportunities as all students in Georgia; and (6) Due to the significant number of students with diabetes, the effect of diabetes upon a student's ability to learn, and the risk for serious long-term and short-term medical complications, legislation in this state is necessary to address this issue. SECTION 2. Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, is amended by adding a new Code section to read as follows: THURSDAY, MARCH 22, 2012 2933 "20-2-779. (a) As used in this Code section, the term: (1) 'Diabetes medical management plan' means a document developed by the student's physician or other health care provider that sets out the health services, including the student's target range for blood glucose levels, needed by the student at school and is signed by the student's parent or guardian. (2) 'School' means any primary or secondary public school located within this state. (3) 'School employee' means any person employed by a local board of education or state chartered special school or any person employed by a local health department who is assigned to a public school. (4) 'Trained diabetes personnel' means a school employee who volunteers to be trained in accordance with this Code section. Such employee shall not be required to be a health care professional. (b)(1) No later than August 1, 2012, the Department of Education, in conjunction with the Georgia Association of School Nurses, shall develop guidelines for the training of school employees in the care needed for students with diabetes. The training guidelines shall include instruction in: (A) Recognition and treatment of hypoglycemia and hyperglycemia; (B) Understanding the appropriate actions to take when blood glucose levels are outside of the target ranges indicated by a student's diabetes medical management plan; (C) Understanding physician instructions concerning diabetes medication dosage, frequency, and the manner of administration; (D) Performance of finger-stick blood glucose checking, ketone checking, and recording the results; (E) Administration of insulin and glucagon, an injectable used to raise blood glucose levels immediately for severe hypoglycemia, and the recording of results; (F) Performance of basic insulin pump functions; (G) Recognizing complications that require emergency assistance; and (H) Recommended schedules and food intake for meals and snacks, the effect of physical activity upon blood glucose levels, and actions to be implemented in the case of schedule disruption. (2) Each local board of education and state chartered special school shall ensure that the training outlined in paragraph (1) of this subsection is provided to a minimum of two school employees at each school attended by a student with diabetes. (3) A school employee shall not be subject to any penalty or disciplinary action for refusing to serve as trained diabetes personnel. (4) The training outlined in paragraph (1) of this subsection shall be coordinated and provided by a school nurse or may be contracted out to be provided by another health care professional with expertise in diabetes. Such training shall take place prior to the commencement of each school year, or as needed when a student with diabetes is newly enrolled at a school or a student is newly diagnosed with diabetes. The school nurse or other contracted health care professional shall provide follow-up training and 2934 JOURNAL OF THE SENATE supervision. (5) Each local school system and state chartered special school shall provide information in the recognition of diabetes related emergency situations to all bus drivers responsible for the transportation of a student with diabetes. (c) The parent or guardian of each student with diabetes who seeks diabetes care while at school shall submit to the school a diabetes medical management plan which upon receipt shall be reviewed and implemented by the school. (d)(1) In accordance with the request of a parent or guardian of a student with diabetes and the student's diabetes medical management plan, the school nurse or, in the absence of the school nurse, trained diabetes personnel shall perform functions including, but not limited to, responding to blood glucose levels that are outside of the student's target range; administering glucagon; administering insulin, or assisting a student in administering insulin through the insulin delivery system the student uses; providing oral diabetes medications; checking and recording blood glucose levels and ketone levels, or assisting a student with such checking and recording; and following instructions regarding meals, snacks, and physical activity. (2) The school nurse or at least one trained diabetes personnel shall be on site at each school and available during regular school hours to provide care to each student with diabetes as identified pursuant to subsection (c) of this Code section. For purposes of field trips, the parent or guardian, or designee of such parent or guardian, of a student with diabetes may accompany such student on a field trip. (3) There shall be trained diabetes personnel at each school where a student with diabetes is enrolled, and a student's school choice shall in no way be restricted because the student has diabetes. (4) The activities set forth in paragraph (1) of this subsection shall not constitute the practice of nursing and shall be exempted from all applicable statutory and regulatory provisions that restrict what activities can be delegated to or performed by a person who is not a licensed health care professional. (e) Upon written request of a student's parent or guardian and if authorized by the student's diabetes medical management plan, a student with diabetes shall be permitted to perform blood glucose checks, administer insulin through the insulin delivery system the student uses, treat hypoglycemia and hyperglycemia, and otherwise attend to the monitoring and treatment of his or her diabetes in the classroom, in any area of the school or school grounds, and at any school related activity, and he or she shall be permitted to possess on his or her person at all times all necessary supplies and equipment to perform such monitoring and treatment functions. (f) No physician, nurse, school employee, local school system, or state chartered special school shall be liable for civil damages or subject to disciplinary action under professional licensing regulations or school disciplinary policies as a result of the activities authorized or required by this Code section when such acts are committed as an ordinarily reasonably prudent physician, nurse, school employee, local school system, or state chartered special school would have acted under the same or similar circumstances. THURSDAY, MARCH 22, 2012 2935 (g) A private school which complies with the requirements of this Code section shall have the same limited liability for such school and its employees in the same manner as for public schools as provided for in subsection (f) of this Code section." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour E Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Cowsert N Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick E Harbison N Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L N James N Jeffares Y Jones N Ligon N Loudermilk N McKoon Y Millar Y Miller Y Mullis N Murphy N Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 35, nays 14. HB 879, having received the requisite constitutional majority, was passed by substitute. Senator Mullis of the 53rd asked unanimous consent to suspend the Senate Rules to read a Transportation Committee Report. There was no objection. 2936 JOURNAL OF THE SENATE 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: HR 1177 Do Pass by substitute SR 1211 Do Pass SR 1213 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman The following legislation was read the second time: HR 1177 SR 1211 SR 1213 Senator Heath of the 31st was excused for business outside the Senate Chamber. The Calendar was resumed. HB 985. By Representatives Powell of the 29th and Rice of the 51st: 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 provisions relating to temporary license plates for motor vehicles; to provide for an extension of time for registration of motor vehicles under certain circumstances; to remove lamination requirements for motor vehicle decals; to provide for the furnishing of motor vehicle driver information to the Department of Revenue for the purpose of detecting fraud; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 22, 2012 2937 Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison E Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 48, nays 0. HB 985, 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 Bill of the House: HB 1176. By Representatives Golick of the 34th, Neal of the 1st, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 and Title 16 of the O.C.G.A., relating to general provisions relative to courts and crimes and offenses, respectively, so as to enact provisions recommended by the 2011 Special Council on Criminal Justice Reform for Georgians and enact other criminal justice reforms; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to extend certain statutes of limitations; to amend Code Section 19-7-5 of the O.C.G.A, relating to reporting of child abuse, so as to expand mandatory reporting requirements; to amend Article 2938 JOURNAL OF THE SENATE 2 of Chapter 3 of Title 35 of the O.C.G.A., relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to amend Title 42 of the O.C.G.A, relating to penal institutions, so as to provide for the use of evidence based practices in supervising inmates, probationers, and parolees; to amend certain Titles of the O.C.G.A., so as to conform provisions and correct cross-references. The Calendar was resumed. HB 1132. By Representatives Dickey of the 136th, Harden of the 147th, Carter of the 175th, McCall of the 30th and Carson of the 43rd: 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 oversight by the administrator of certain telemarketing practices; to provide for definitions; to provide for conduct by telephone solicitors; to provide for class actions; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Staton of the 18th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Fort Y Ginn Y Hamrick E Harbison E Heath Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 22, 2012 2939 Y Goggans Y Golden Y Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 45, nays 0. HB 1132, having received the requisite constitutional majority, was passed. Senator Rogers of the 21st was excused for business outside the Senate Chamber. HR 1160. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. Senate Sponsor: Senator McKoon of the 29th. The President resumed the Chair. Senators McKoon of the 29th, Bethel of the 54th and Hooks of the 14th offered the following amendment #1: Amend HR 1160 by inserting at the end of line 30 the following: None of the funds provided by this resolution shall be used to pay attorney's fees if such fees are calculated on a contingency fee basis. On the adoption of the amendment, there were no objections, and the McKoon, et al. amendment #1 was adopted. Senators McKoon of the 29th and Orrock of the 36th offered the following amendment #2: Amend HR 1160 by deleting, on l. 17, the word "consortion" and replacing it with the word "consortium" On the adoption of the amendment, there were no objections, and the McKoon, Orrock amendment #2 was adopted. The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended. 2940 JOURNAL OF THE SENATE On the adoption of the resolution, a roll call was taken, and the vote was as follows: N Albers Balfour Y Bethel N Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Davis Y Fort N Ginn N Goggans Y Golden N Gooch Y Grant N Hamrick E Harbison N Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey E Rogers Y Seay N Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 36, nays 14. HR 1160, having received the requisite constitutional majority, was adopted as amended. Senator Loudermilk of the 52nd was excused for business outside the Senate Chamber. HR 1161. By Representatives Buckner of the 130th, Hugley of the 133rd, Smyre of the 132nd and Hooks of the 14th: A RESOLUTION compensating Mr. James A. Cauley and providing for a state income tax exclusion with respect to such compensation; and for other purposes. Senate Sponsor: Senator Hooks of the 14th. The report of the committee, which was favorable to the adoption of the resolution, was agreed to. On the adoption of the resolution, a roll call was taken, and the vote was as follows: THURSDAY, MARCH 22, 2012 2941 N Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J N Chance N Cowsert N Crane Y Crosby Y Davenport Davis Y Fort N Ginn Y Goggans Y Golden N Gooch Y Grant N Hamrick E Harbison N Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis N Murphy Y Orrock Y Paris Y Ramsey E Rogers Y Seay N Shafer Y Sims N Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins Y Tolleson N Unterman Y Wilkinson N Williams On the adoption of the resolution, the yeas were 33, nays 16. HR 1161, having received the requisite constitutional majority, was adopted. The following bill was taken up to consider House action thereto: SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; to eliminate a reference to such provisions; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 12-5-179 of the Official Code of Georgia Annotated, relating to permits and performance bonds for operation of public water systems, so as to require 2942 JOURNAL OF THE SENATE public water suppliers utilizing a waste-water sewer system owned or operated by a county, municipality, or local authority to transmit customer water consumption data to such county, municipality, or local authority; to require public water suppliers to suspend water supply to customers who have failed to pay charges for use of the waste-water sewer system; to provide for exemptions; to amend Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permitting of land disposal sites receiving waste from septic tank pumping and hauling businesses, so as to extend the date through which such sites operating under a valid permit as of June 30, 2007, may continue to operate; to amend Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites for septic tank waste from one business, so as to provide uniformity; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-5-179 of the Official Code of Georgia Annotated, relating to permits and performance bonds for operation of public water systems, is amended by adding a new subsection to read as follows: "(h)(1) Any public water system within this state supplying water to customers who, incidental to the purchase of such water, utilize a waste-water sewer system owned or operated by a county, municipality, or local authority to dispose of or discharge the water purchased shall furnish to such political subdivision the amount of water consumed by each individually metered customer account during each billing period. (2) Upon receiving notice from a county, municipality, or local authority described in paragraph (1) of this subsection that a customer has failed to timely pay any charges for the use of the waste-water sewer system, the water supplier shall, within five business days of such notice, suspend water supply to that customer. The water supply to such customer shall remain suspended until such political subdivision notifies the water supplier to resume water service. The water supplier shall be authorized to charge a reasonable fee to the customer for the cost of suspension or resumption of water service. (3) Nothing in this subsection shall abrogate the provisions of Code Section 36-6017. (4) The requirements of this subsection shall not apply to submetered multifamily, multi-industrial, or multicommercial properties." SECTION 2. Code Section 12-8-41 of the Official Code of Georgia Annotated, relating to permitting of land disposal sites receiving waste from septic tank pumping and hauling businesses, is amended as follows: "12-8-41. The department shall provide by rule or regulation for the regulation and permitting of THURSDAY, MARCH 22, 2012 2943 any land disposal site that receives septic tank waste from any one or more septic tank pumping and hauling businesses. Any new permit issued for such type of site on or after July 1, 2007, shall be issued by the department under this Code section. Any such type of site that as of June 30, 2007, operated under a valid permit issued on or before such date by the Department of Human Resources (now known as the Department of Public Health for these purposes) under Code Section 31-2A-12 may continue to operate under such Code section until July 1, 2012 2014, but a permit shall be obtained from the department under this Code section prior to such date in order to continue such operation thereafter." SECTION 3. Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites for septic tank waste from one business, is amended as follows: "31-2A-12. Until July 1, 2012 2014, the department shall provide by rule or regulation for the regulation of any land disposal site that receives septic tank waste from only one septic tank pumping and hauling business and which as of June 30, 2007, operated under a valid permit for such activity as issued by the department (previously known as the Department of Human Resources for these purposes) under this Code section. No new permit shall be issued by the department under this Code section for such type of site on or after July 1, 2007, but instead any new permit issued for such type of site on or after such date shall be issued by the Department of Natural Resources under Code Section 12-8-41. This Code section shall stand repealed on July 1, 2012 2014." 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 Murphy of the 27th asked unanimous consent that the Senate disagree to the House substitute to SB 110. The consent was granted, and the Senate disagreed to the House substitute to SB 110. Senator Hamrick of the 30th asked unanimous consent to suspend the Senate Rules to first read HB 1176. There was no objection. The following House legislation was read the first time: 2944 JOURNAL OF THE SENATE HB 1176. By Representatives Golick of the 34th, Neal of the 1st, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 and Title 16 of the O.C.G.A., relating to general provisions relative to courts and crimes and offenses, respectively, so as to enact provisions recommended by the 2011 Special Council on Criminal Justice Reform for Georgians and enact other criminal justice reforms; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to extend certain statutes of limitations; to amend Code Section 19-7-5 of the O.C.G.A, relating to reporting of child abuse, so as to expand mandatory reporting requirements; to amend Article 2 of Chapter 3 of Title 35 of the O.C.G.A., relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to amend Title 42 of the O.C.G.A, relating to penal institutions, so as to provide for the use of evidence based practices in supervising inmates, probationers, and parolees; to amend certain Titles of the O.C.G.A., so as to conform provisions and correct cross-references. Senator Rogers of the 21st moved that the Senate stand adjourned pursuant to HR 1978 until 1:00 p.m. Monday, March 26, 2012; the motion prevailed, and at 4:09 p.m. the President announced the Senate adjourned. MONDAY, MARCH 26, 2012 2945 Senate Chamber, Atlanta, Georgia Monday, March 26, 2012 Thirty-eighth Legislative Day The Senate met pursuant to adjournment at 1:00 p.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 26, 2012 Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, GA 30334 Dear Bob: In accordance with Senate Rules, the Committee on Assignments has appointed Senator Chip Rogers to serve as an Ex-Officio Member for the Senate Health and Human Services Committee. This appointment shall expire upon the adjournment of the committee meeting. Please feel free to contact me if you have any questions or concerns on this matter. Sincerely, /s/ Tommie Williams Senate President Pro Tempore 2946 JOURNAL OF THE SENATE The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 1275. By Representatives Stephens of the 164th, Bryant of the 160th, Gordon of the 162nd, Watson of the 163rd, Stephens of the 161st and others: A BILL to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1281. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to allow members to be elected for unlimited consecutive terms; to repeal a provision relating to expansion of services and addition of members; to reduce the number of days of nonpayment beyond which the authority may disconnect service; to raise the maximum fee for reconnection of service; to exempt the authority from sales and use taxes; to repeal conflicting laws; and for other purposes. HB 1282. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of meetings to be held by the board; to provide for an effective date; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 26, 2012 2947 HB 1283. By Representative Hatfield of the 177th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); to specify the vehicle registration period for Charlton County; to repeal conflicting laws; and for other purposes. HB 1284. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1285. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1286. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. 2948 JOURNAL OF THE SENATE HB 1287. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1291. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1293. By Representative Harden of the 147th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4091), so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; to provide for definitions and inclusions; to provide for continuation in office of current members until the expiration of the terms of office to which they were elected; to provide for other matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1294. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 26, 2012 2949 HB 1295. By Representative Harden of the 28th: A BILL to be entitled an Act to amend an Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1296. By Representative Harden of the 28th: A BILL to be entitled an Act to authorize the governing authority of the City of Toccoa 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 1297. By Representatives Sims of the 169th, Smith of the 168th and Roberts of the 154th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Jeff Davis County for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 1299. By Representatives Drenner of the 86th, Henson of the 87th, Mayo of the 91st, Jacobs of the 80th, Gardner of the 57th and others: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. 2950 JOURNAL OF THE SENATE HB 1301. By Representatives Stephens of the 164th, Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd, Purcell of the 159th and others: A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 28, 1984 (Ga. L. 1984, p. 4422), as amended, so as to provide for qualifications for magistrates; to provide for applicability; 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 110. By Representatives Jacobs of the 80th, Willard of the 49th, Lindsey of the 54th, Powell of the 171st, Welch of the 110th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, conveyances to secure debt, and liens, so as to provide for a vacant property registry; to provide for a definition; to provide for required elements of a form for such registration; to provide for exemptions and maximum fees for such registration and for removal from the registry; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 962. By Representatives Randall of the 138th, Beverly of the 139th, Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act establishing a board of commissioners of Bibb County, approved February 6, 1873 (Ga. L. 1873, p. 219), as amended, so as to change the descriptions of the four commissioner districts; to define certain terms; to provide for continuation in office of current members; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. HB 1171. By Representatives Randall of the 138th, Epps of the 140th, Dickey of the 136th, Beverly of the 139th, Holmes of the 125th and others: A BILL to be entitled an Act to provide for the restructuring of the governments of the City of Macon, the City of Payne City, and Bibb County; to create and incorporate a new political body corporate under the name Macon-Bibb County; to provide for the status, boundaries, and powers of the restructured government; to provide for the form, MONDAY, MARCH 26, 2012 2951 administration, and affairs of the restructured government; to provide for officers and employees, elections, courts, authorities, taxation, and finance; to provide for related matters; to provide for severability; to provide for a referendum; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1196. By Representatives Randall of the 138th, Peake of the 137th, Holmes of the 125th, Beverly of the 139th, Dickey of the 136th and others: A BILL to be entitled an Act to amend an Act known as the "Macon Water Authority Act," approved March 23, 1992 (Ga. L. 1992, p. 4991), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5363), so as to change the description of the electoral districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 407. By Senators Unterman of the 45th, Chance of the 16th and Miller of the 49th: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to repeal the creation of the Health Strategies Council and the Clinical Laboratory, Blood Bank, and Tissue Bank Committee; to correct a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 412. By Senator Millar of the 40th: A BILL to be entitled an Act to amend Code Section 20-2-52.1 of the Official Code of Georgia Annotated, relating to composition and election of county boards of education in counties in which there is a homestead option sales and use tax and a county sales and use tax for educational purposes and terms of service, so as to delay the effective date of such Code section until January 1, 2015; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 2952 JOURNAL OF THE SENATE SB 473. By Senators Harbison of the 15th, Jeffares of the 17th and Hill of the 4th: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to amend Code Section 48-5-478.2 of the Official Code of Georgia Annotated, relating to veterans awarded Purple Heart exempt from ad valorem taxes provided license plate issued under Code Section 40-2-84, so as to provide for a refund of ad valorem taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 489. By Senators Mullis of the 53rd, Unterman of the 45th, Albers of the 56th, Rogers of the 21st, Gooch of the 51st and others: A BILL to be entitled an Act to amend Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services, so as to require the Georgia Trauma Care Network Commission to report annually to the House and Senate Committees on Health and Human Services documenting certain outcomes and verifying certain expenditures of funds; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 518. By Senators Jones of the 10th, Butler of the 55th, Henson of the 41st, Carter of the 42nd, Millar of the 40th and others: A BILL to be entitled an Act to amend an Act establishing the form of government of DeKalb County and fixing the powers and duties of the officers constituting the governing authority of DeKalb County, approved April 9, 1981 (Ga. L. 1981, p. 4304), as amended, so as to change the description of commissioner districts; to provide for definitions and inclusions; to provide for election and terms of office of subsequent members; to revise provisions relating to amending the Act; to provide for related matters; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 227. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, MONDAY, MARCH 26, 2012 2953 so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 351. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 352. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in probate courts, municipal courts, and courts exercising municipal court jurisdiction; to provide for the process of such employment; 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 539. By Senators Staton of the 18th, Hamrick of the 30th, Rogers of the 21st, Chance of the 16th and Tolleson of the 20th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales of distilled spirits, so as to repeal the limitation on the number of retail dealer licenses which a person may possess; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Regulated Industries and Utilities Committee. SR 1242. By Senators Rogers of the 21st and Williams of the 19th: A RESOLUTION creating the Senate Study Committee on the Horse Racing Industry; and for other purposes. Referred to the Rules Committee. 2954 JOURNAL OF THE SENATE SR 1243. By Senator Rogers of the 21st: A RESOLUTION urging the federal government to cease the collection of motor fuel taxes in Georgia; and for other purposes. Referred to the Transportation Committee. SR 1253. By Senators Staton of the 18th and Rogers of the 21st: A RESOLUTION creating the Senate Retail Dealers of Distilled Spirits Study Committee; and for other purposes. Referred to the Regulated Industries and Utilities Committee. The following House legislation was read the first time and referred to committee: HB 1275. By Representatives Stephens of the 164th, Bryant of the 160th, Gordon of the 162nd, Watson of the 163rd, Stephens of the 161st and others: A BILL to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1281. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to allow members to be elected for unlimited consecutive terms; to repeal a provision relating to expansion of services and addition of members; to reduce the number of days of nonpayment beyond which the authority may disconnect service; to raise the maximum fee for reconnection of service; to exempt the authority from sales and use taxes; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. MONDAY, MARCH 26, 2012 2955 HB 1282. By Representative Hatfield of the 177th: A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of meetings to be held by the board; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1283. By Representative Hatfield of the 177th: A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); to specify the vehicle registration period for Charlton County; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1284. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1285. By Representative Smith of the 168th: A BILL to be entitled an Act to amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. 2956 JOURNAL OF THE SENATE HB 1286. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1287. By Representative Morris of the 155th: A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1291. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1293. By Representative Harden of the 147th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Crisp County, approved August 8, 1908 (Ga. L. 1908, p. 295), as amended, particularly by an Act approved April 23, 2002 (Ga. L. 2002, p. 4091), so as to change the descriptions of commissioner districts and posts for the election of members of the board of commissioners; to provide for MONDAY, MARCH 26, 2012 2957 definitions and inclusions; to provide for continuation in office of current members until the expiration of the terms of office to which they were elected; to provide for other matters; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1294. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act 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 1295. By Representative Harden of the 28th: A BILL to be entitled an Act to amend an Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1296. By Representative Harden of the 28th: A BILL to be entitled an Act to authorize the governing authority of the City of Toccoa 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. 2958 JOURNAL OF THE SENATE HB 1297. By Representatives Sims of the 169th, Smith of the 168th and Roberts of the 154th: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Jeff Davis County for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1299. By Representatives Drenner of the 86th, Henson of the 87th, Mayo of the 91st, Jacobs of the 80th, Gardner of the 57th and others: A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1301. By Representatives Stephens of the 164th, Bryant of the 160th, Stephens of the 161st, Gordon of the 162nd, Purcell of the 159th and others: A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Municipal Court of Savannah, approved March 28, 1984 (Ga. L. 1984, p. 4422), as amended, so as to provide for qualifications for magistrates; to provide for applicability; 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 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: MONDAY, MARCH 26, 2012 2959 HB 318 HB 450 HB 808 HB 846 HB 896 HB 965 HB 1056 Do Pass by substitute Do Pass by substitute Do Pass Do Pass Do Pass by substitute Do Pass by substitute Do Pass HB 334 HB 743 HB 818 HB 851 HB 934 HB 1027 HR 1150 Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Heath of the 31st District, Chairman Mr. President: The Health and Human Services Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 104 Do Pass by substitute SR 834 Do Pass SR 828 Do Pass SR 979 Do Pass Respectfully submitted, Senator Unterman of the 45th District, Chairman Mr. President: The Insurance and Labor Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 347 Do Pass by substitute HB 640 Do Pass HB 1067 Do Pass by substitute Respectfully submitted, Senator Goggans of the 7th 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: 2960 JOURNAL OF THE SENATE HB 534 HB 940 SR 1217 Do Pass Do Pass Do Pass Respectfully submitted, Senator Hamrick of the 30th District, Chairman Mr. President: The Reapportionment and Redistricting Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HB 923 Do Pass by substitute HB 924 Do Pass by substitute Respectfully submitted, Senator Bethel of the 54th 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 332 Do Pass by substitute HB 520 Do Pass HB 1066 Do Pass HB 374 Do Pass by substitute HB 1065 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 481 HB 1023 HB 1041 HB 1131 HB 1218 Do Pass Do Pass Do Pass Do Pass Do Pass HB 956 HB 1025 HB 1097 HB 1177 HB 1219 Do Pass as amended Do Pass Do Pass Do Pass Do Pass MONDAY, MARCH 26, 2012 2961 HB 1227 HB 1255 HB 1259 HB 1262 HB 1264 HB 1266 HB 1268 HB 1270 HB 1273 SB 480 SB 531 SB 537 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass Do Pass by substitute HB 1230 HB 1257 HB 1261 HB 1263 HB 1265 HB 1267 HB 1269 HB 1271 HB 1277 SB 481 SB 534 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass by substitute Do Pass by substitute Respectfully submitted, Senator Miller of the 49th District, Chairman Mr. President: The State Institutions and Property Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: HR 1376 Do Pass by substitute Respectfully submitted, Senator Jeffares of the 17th District, Chairman The following legislation was read the second time: HB 318 HB 640 HB 896 HB 1027 HR 1150 HB 332 HB 743 HB 923 HB 1056 HR 1376 HB 334 HB 808 HB 924 HB 1065 SR 828 HB 450 HB 818 HB 934 HB 1066 SR 834 HB 520 HB 846 HB 940 HB 1067 SR 979 HB 534 HB 851 HB 965 HB 1176 SR 1217 Senator Hill of the 4th introduced the doctor of the day, Dr. Charles I. Wilmer. Senator Henson of the 41st asked unanimous consent that Senator Carter of the 42nd be excused. The consent was granted, and Senator Carter was excused. Senator Hooks of the 14th asked unanimous consent that Senator Harbison of the 15th be excused. The consent was granted, and Senator Harbison was excused. 2962 JOURNAL OF THE SENATE The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Butler Carter, B Chance Cowsert Crane Crosby Davenport Davis Fort Ginn Goggans Golden Gooch Grant Hamrick Heath Henson Hill, Jack Hill, Judson Hooks Jackson, B Jackson, L James Jeffares Jones Ligon Loudermilk McKoon Millar Miller Mullis Murphy Orrock Paris Ramsey Rogers Seay Shafer Sims Staton Stone Stoner Tate Thompson, C Thompson, S Tippins Tolleson Unterman Wilkinson Williams Not answering were Senators: Carter, J. (Excused) Harbison (Excused) The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator Ligon, Jr. of the 3rd introduced the chaplain of the day, Pastor Peter Vivenzio of Brunswick, Georgia, who offered scripture reading and prayer. The following resolutions were read and adopted: SR 1240. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Jacqueline Archer on her outstanding public service; and for other purposes. SR 1241. By Senators Murphy of the 27th and Gooch of the 51st: A RESOLUTION honoring the life and memory of Mr. Everett Bennett; and for other purposes. MONDAY, MARCH 26, 2012 2963 SR 1244. By Senators Crane of the 28th, McKoon of the 29th, Loudermilk of the 52nd, Millar of the 40th and Chance of the 16th: A RESOLUTION recognizing and commending Piedmont Newnan Hospital and Piedmont Healthcare; and for other purposes. SR 1245. By Senators Henson of the 41st, Butler of the 55th and Paris of the 26th: A RESOLUTION recognizing and commending Senator Max Cleland on the occasion of his 70th birthday; and for other purposes. SR 1246. By Senators Henson of the 41st and Butler of the 55th: A RESOLUTION recognizing and commending Pine Lake Mayor Gregory M. Zarus; and for other purposes. SR 1247. By Senators Cowsert of the 46th and Ginn of the 47th: A RESOLUTION recognizing and commending Mr. Steve Middlebrooks; and for other purposes. SR 1248. By Senator Hill of the 32nd: A RESOLUTION commending Jacob Albert, Walton High School's 2012 STAR Student; and for other purposes. SR 1249. By Senators Hill of the 4th and Carter of the 1st: A RESOLUTION honoring the life and memory of Dr. Lorenzo P. McNeal; and for other purposes. SR 1250. By Senators Hill of the 4th and Stone of the 23rd: A RESOLUTION recognizing and commending Mrs. Jean Anderson Morgan; and for other purposes. SR 1251. By Senators Jones of the 10th, Ramsey, Sr. of the 43rd, Butler of the 55th, Carter of the 42nd and Henson of the 41st: A RESOLUTION recognizing and commending the Miller Grove High School boys basketball team on winning the 2012 Class AAAA State Championship; and for other purposes. 2964 JOURNAL OF THE SENATE SR 1252. By Senator Shafer of the 48th: A RESOLUTION recognizing and commending Mr. James W. Weeks; and for other purposes. SR 1254. By Senator Wilkinson of the 50th: A RESOLUTION recognizing and commending Mr. Thomas D. Brown on the occasion of his 100th birthday; and for other purposes. SR 1255. By Senator Wilkinson of the 50th: A RESOLUTION recognizing and commending Cain Thurmond; and for other purposes SR 1256. By Senator Wilkinson of the 50th: A RESOLUTION honoring the life and memory of Mr. Bill Donald Wilkinson and Mrs. Dorothy Francis Andrews Wilkinson; and for other purposes. SR 1257. By Senators James of the 35th and Seay of the 34th: A RESOLUTION recognizing and commending the Honorable Marvin S. Arrington, Sr., on the occasion of his retirement; and for other purposes. SR 1258. By Senators James of the 35th, Orrock of the 36th, Davenport of the 44th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION recognizing and commending Urban eLife, Inc., and the GreenSHADES Design Team; and for other purposes. SR 1259. By Senators James of the 35th, Orrock of the 36th, Davenport of the 44th, Tate of the 38th, Butler of the 55th and others: A RESOLUTION recognizing and commending His Royal Majesty Igwe Ralph Obumnemeh Ekpeh and the Association of Enugwu-Ukwu Indigenes in the United States of America; and for other purposes. SR 1260. By Senators Davenport of the 44th, Tate of the 38th, Butler of the 55th, James of the 35th, Seay of the 34th and others: A RESOLUTION recognizing and commending the American Business Women's Association Greenbriar Chapter on the occasion of its 40th anniversary; and for other purposes. MONDAY, MARCH 26, 2012 2965 SR 1261. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Matthew Moore; and for other purposes. SR 1262. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Max Lawrence; and for other purposes. SR 1263. By Senator Chance of the 16th: A RESOLUTION recognizing and commending Ron Kelley; and for other purposes. SR 1264. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the Gordon Lee High School wrestling team on winning the 2011-2012 State Championships; and for other purposes. SR 1265. By Senator Mullis of the 53rd: A RESOLUTION honoring the life and memory of Jordan Douglas Queen; 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 Monday March 26, 2012 Thirty-eighth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 480 Carter of the 1st Jackson of the 2nd CHATHAM COUNTY 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, 2966 SB 481 SB 531 SB 534 JOURNAL OF THE SENATE particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3804), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE Carter of the 1st Jackson of the 2nd CITY OF SAVANNAH 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE McKoon of the 29th COLUMBUS, GEORGIA A BILL to be entitled an Act to amend an Act establishing the Municipal Court of Columbus, Georgia, approved August 12, 1915 (Ga. L. 1915, p. 63), as amended, particularly by an Act approved March 29, 1983 (Ga. L. 1983, p. 4443), so as to provide that future elections for the judge of such court shall be nonpartisan elections; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Jones of the 10th Jeffares of the 17th Davenport of the 44th CITY OF MCDONOUGH A BILL to be entitled an Act to amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as SB 537 HB 481 HB 956 MONDAY, MARCH 26, 2012 2967 amended, so as 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 other matters relative to the foregoing; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE Jones of the 10th Jeffares of the 17th Davenport of the 44th CITY OF MCDONOUGH A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SUBSTITUTE Ginn of the 47th Miller of the 49th TOWN OF BRASELTON A BILL to be entitled an Act to amend an Act to provide for the creation of one or more community improvement districts in the Town of Braselton, approved May 29, 2007 (Ga. L. 2007, p. 4100), so as to correct the initial terms of office for board members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Shafer of the 48th CITY OF BERKELEY LAKE A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Berkeley Lake, approved April 9, 1999 (Ga. 2968 HB 1023 HB 1025 HB 1041 JOURNAL OF THE SENATE L. 1999, p. 3636), as amended, so as to change the corporate limits of the city; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. AMENDMENT Heath of the 31st POLK COUNTY A BILL to be entitled an Act to amend an Act providing a new Board of Education for Polk County, approved March 28, 1985 (Ga. L. 1985, p. 4985), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4852), so as to reconstitute the Board of Education of Polk County; to provide for seven members of such board; to revise the districts for the election of members of the board of education; to provide for definitions and inclusions; to provide for elections; to provide for related matters; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Ramsey, Sr. of the 43rd Butler of the 55th 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 May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes. Heath of the 31st Loudermilk of the 52nd BARTOW COUNTY A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 HB 1097 HB 1131 MONDAY, MARCH 26, 2012 2969 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Heath of the 31st CITY OF EMERSON A BILL to be entitled an Act to provide for the creation of one or more community improvement districts in the City of Emerson; to provide for a short title; to provide for the purposes of said districts; to provide for definitions; to provide for boards to administer said districts; to provide for taxes, fees, and assessments; to provide for the boundaries of said districts; to provide for general obligation bonds, notes, and other obligations of said districts; to provide for construction; to provide that Chapter 5 of Title 10 of the O.C.G.A., the "Georgia Securities Act of 1973" shall not apply to the offer, sale, or issuance of the board's bonds, notes, or other obligations; to provide that no notice, proceeding, publication, or referendum shall be required; to provide for dissolutions; to provide the procedures connected with all of the foregoing; to repeal conflicting laws; and for other purposes. Heath of the 31st HARALSON COUNTY A BILL to be entitled an Act to amend an Act relative to the Board of Commissioners of Haralson County, approved August 24, 2001 (Ga. L. 2001, Ex. Sess., p. 247), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 2970 HB 1177 HB 1218 HB 1219 JOURNAL OF THE SENATE Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Tippins of the 37th COBB COUNTY A BILL to be entitled an Act to amend an Act providing for the Magistrate Court of Cobb County, approved March 24, 1988 (Ga. L. 1988, p. 4451), as amended, so as to provide for the collection of law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes. Thompson of the 5th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th CITY OF AVONDALE ESTATES A BILL to be entitled an Act to amend an Act providing a new charter for the City of Avondale Estates, approved April 23, 1999 (Ga. L. 1999, p. 4886), so as to change the corporate limits of the city by annexing certain territory to the city; to provide for related matters; to repeal conflicting laws; and for other purposes. Thompson of the 5th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th CITY OF DECATUR A BILL to be entitled an Act to amend an Act providing a new charter for the City of Decatur, approved April 13, 2001 (Ga. L. 2001, p. 4351), so as to change the corporate limits of the city by annexing certain territory into the city; to provide for a description of the property annexed; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1227 HB 1230 HB 1255 HB 1257 MONDAY, MARCH 26, 2012 2971 Miller of the 49th CITY OF GAINESVILLE A BILL to be entitled an Act to provide a new charter for the City of Gainesville; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for other matters relative to the foregoing; to provide for submission under the federal Voting Rights Act of 1965, as amended; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act creating and establishing the Recorder's Court of DeKalb County, approved March 17, 1959 (Ga. L. 1959, p. 3093), as amended, particularly by an Act approved April 11, 1979 (Ga. L. 1979, p. 3565), so as to provide for the payment of costs in such court; to provide for a schedule of costs; to provide for related matters; to repeal conflicting laws; and for other purposes. Grant of the 25th EATONTON-PUTNAM WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the EatontonPutnam Water and Sewer Authority, approved May 10, 2005 (Ga. L. 2005, p. 4090), as amended, particularly by an Act approved May 11, 2009 (Ga. L. 2009, p. 4363), so as to change certain provisions relating to the composition of the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. Hill of the 4th COUNTY OF EFFINGHAM A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for the County of 2972 HB 1259 HB 1261 JOURNAL OF THE SENATE Effingham, approved July 26, 1921 (Ga. L. 1921, p. 466), as amended, so as to revise the powers and duties of the chairperson of the board; to provide for meetings; to provide for quorum and voting; to provide an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th CITY OF MILNER A BILL to be entitled an Act to provide a new charter for the City of Milner; to provide for reincorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, suspension, 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; to provide for the office of mayor and mayor pro tempore and certain duties and powers relative thereto; to repeal a specific Act; to provide for an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th SPALDING COUNTY; CITY OF GRIFFIN A BILL to be entitled an Act to create and establish an airport authority in and for the County of Spalding and City of Griffin; to authorize such authority to acquire, construct, equip, maintain, operate, own, and improve airports and landing fields for the use of aircraft which shall include related buildings, equipment, and the usual and convenient facilities appertaining to such undertaking; to authorize the authority to acquire, lease, own, and hold a fee simple title, or any interest therein, to all necessary property therefor, both real and personal, within and outside the confines of Spalding County and to lease and sell any and all such facilities including real property; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1262 HB 1263 HB 1264 MONDAY, MARCH 26, 2012 2973 Mullis of the 53rd Bethel of the 54th CATOOSA COUNTY A BILL to be entitled an Act to amend an Act to reconstitute the Board of Education of Catoosa County, Georgia, approved March 30, 1993 (Ga. L. 1993, p. 4258), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4005), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Mullis of the 53rd Bethel of the 54th CATOOSA COUNTY A BILL to be entitled an Act to amend an Act creating the office of commissioner of Catoosa County, approved February 23, 1943 (Ga. L. 1943, p. 858), as amended, particularly by an Act approved May 6, 2005 (Ga. L. 2005, p. 4011), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Hamrick of the 30th James of the 35th CITY OF DOUGLASVILLE A BILL to be entitled an Act to amend an Act to provide a new charter for the City of Douglasville, approved April 16, 1999 (Ga. L. 1999, p. 4559), as amended, so as to change the description of the election districts; to provide for definitions and inclusions; to provide for manner of election; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. 2974 HB 1265 HB 1266 HB 1267 HB 1268 JOURNAL OF THE SENATE Staton of the 18th Paris of the 26th MACON-BIBB COUNTY A BILL to be entitled an Act to create the Macon-Bibb County Community Enhancement Authority; to provide a statement of legislative findings; to define certain terms; to provide for a board of trustees, appointment of members, and meetings; to provide for powers and duties; to authorize the issuance of revenue bonds of the authority and to authorize the collection for the payment of such revenue bonds; to make the revenue bonds of the authority exempt from taxation; to fix and provide the venue and jurisdiction of actions relating to any provisions of this Act; to provide for the validation of bonds; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Tippins of the 37th ACWORTH LAKE AUTHORITY A BILL to be entitled an Act to amend an Act creating the Acworth Lake Authority, approved February 19, 1951 (Ga. L. 1951, p. 265), as amended, so as to change membership requirements; to change the number required for a quorum; to provide for an effective date; to repeal conflicting laws; and for other purposes. Tippins of the 37th ACWORTH AREA CONVENTION AND VISITORS BUREAU A BILL to be entitled an Act to amend an Act to create the Acworth Area Convention and Visitors Bureau, approved April 4, 1997 (Ga. L. 1997, p. 3793), so as to change the name of the bureau to the Acworth Tourism Bureau Authority; to provide for change in membership, terms, and vacancy provisions; to provide for an effective date; to repeal conflicting laws; and for other purposes. Goggans of the 7th BACON COUNTY A BILL to be entitled an Act to amend an Act entitled "An Act to provide for the election of members of the Board of Education of Bacon County," approved February 20, 1976 (Ga. L. 1976, p. 2713), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3707), so as to change the description of the education HB 1269 HB 1270 HB 1271 MONDAY, MARCH 26, 2012 2975 districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. Goggans of the 7th BACON COUNTY A BILL to be entitled an Act to amend an Act to revise and reenact the law creating a Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, particularly by an Act approved May 16, 2007 (Ga. L. 2007, p. 3718), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Stone of the 23rd JEFFERSON COUNTY A BILL to be entitled an Act to amend an Act providing for a Board of Commissioners of Jefferson County, approved February 23, 1984 (Ga. L. 1984, p. 3627), as amended, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd BRUNSWICK-GLYNN COUNTY A BILL to be entitled an Act to amend an Act creating the Brunswick-Glynn County Joint Water and Sewer Commission, approved April 19, 2006 (Ga. L. 2006, p. 3661), so as to provide for immunity for the commission and its officers, agents, and employees; to provide for changes to membership, appointment, election, terms, cooperation, quorum, salaries, and officers of the 2976 JOURNAL OF THE SENATE commission; to provide for notices and hearings to be conducted prior to any increase in rates, fees, tolls, or charges to customers for water or sewer system services; to provide for a performance audit or performance review; to provide for a referendum; to provide for submission of this Act to the United States Department of Justice for preclearance; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. HB 1273 Stone of the 23rd JEFFERSON COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the chairperson and the members of the Board of Education of Jefferson County, approved March 20, 1990 (Ga. L. 1990, p. 4224), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1277 Jackson of the 24th CITY OF WASHINGTON A BILL to be entitled an Act to amend an Act providing a new charter for the City of Washington, Georgia, approved February 14, 1958 (Ga. L. 1958, p. 2139), as amended, so as to change the description of the council districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *SB 480: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 480: MONDAY, MARCH 26, 2012 2977 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 May 17, 2004 (Ga. L. 2004, p. 3804), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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 May 17, 2004 (Ga. L. 2004, p. 3804), is amended by revising Section 3 as follows: "SECTION 3. (a) For purposes of electing members of the board of commissioners, Chatham County is divided into eight commissioner districts. One member of the board shall be elected from each such district. The eight commissioner districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE'. (b)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Chatham County which is not included in any district described in subsection (a) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Chatham County which is described in subsection (a) of this section 2978 JOURNAL OF THE SENATE as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. (a) Those members of the Board of Commissioners of Chatham County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commissioner Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. SECTION 3. The Board of Commissioners of Chatham County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13 VTD: 0511-14 VTD: 0511-16 VTD: 0511-5 VTD: 0511-6 VTD: 0511-8 MONDAY, MARCH 26, 2012 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6 District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10 003502: 1011 1012 1013 1014 1015 1020 1021 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 3000 3001 4006 VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006 010101: 2068 VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 2979 2980 JOURNAL OF THE SENATE VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400: 1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064 District 003 Chatham County VTD: 0511-17 011107: 1108 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1 VTD: 0513-10 003800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 010102: 3009 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200: 1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1036 1037 MONDAY, MARCH 26, 2012 1038 1039 1045 1046 011200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028 010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5 VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037 VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301: 2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 VTD: 0518-5 000601: 4057 4058 2981 2982 JOURNAL OF THE SENATE 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6 001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005 003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377 1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084 District 004 Chatham County VTD: 0511-17 010102: 2001 011004: 1001 011106: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1037 1038 VTD: 0514-10 VTD: 0514-11 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 MONDAY, MARCH 26, 2012 VTD: 0514-15 VTD: 0514-2 011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC District 005 Chatham County VTD: 0515-11 VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806: 4000 4001 VTD: 0515-8 VTD: 0517-10 VTD: 0517-9 VTD: 0518-12 004500: 2983 2984 JOURNAL OF THE SENATE 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3 VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9 District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5 010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267 010801: 1013 1015 1016 1023 1027 1028 1044 010803: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 MONDAY, MARCH 26, 2012 VTD: 0517-8 District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066 003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11 VTD: 0518-12 001200: 1022 1023 003301: 1014 1015 003302: 1013 1015 2001 004500: 2985 2986 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601: 3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000: 1052 1053 1085 VTD: 0518-8 VTD: 0518-9 On the adoption of the substitute, the yeas were 45, nays 3, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *SB 481: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 481: MONDAY, MARCH 26, 2012 2987 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), is amended by revising Section 1 as follows: "SECTION 1. (a) The Board of Public Education for the City of Savannah and the County of Chatham shall be composed of a president and eight other members, to be elected as provided in this Act. (b) For purposes of electing members of the board of education, other than the president, the City of Savannah and Chatham County School District is divided into eight education districts. One member of the board shall be elected from each such district. The eight education districts shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE'. (c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of the City of Savannah and Chatham County School District which is not included in any district described in subsection (b) of this section shall be included 2988 JOURNAL OF THE SENATE within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of the City of Savannah and Chatham County School District which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. (a) Those members of the Board of Public Education for the City of Savannah and the County of Chatham who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Education Districts 1, 2, 3, 4, 5, 6, 7, and 8, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, 7, and 8, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. SECTION 3. The Board of Public Education for the City of Savannah and the County of Chatham shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: chathamccsbp3-S002&H161-2012 Plan Type: local Administrator: S002&H161 User: SE District 001 Chatham County VTD: 0511-1 VTD: 0511-10 VTD: 0511-12 VTD: 0511-13 VTD: 0511-14 VTD: 0511-16 MONDAY, MARCH 26, 2012 VTD: 0511-5 VTD: 0511-6 VTD: 0511-8 VTD: 0511-9 VTD: 0513-14 004002: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1018 1019 1020 1021 1022 1023 VTD: 0515-1 VTD: 0515-6 004300: 1014 1020 1021 1036 1037 1038 1039 1040 1041 1044 1045 1046 1047 1048 1050 1054 1069 1076 VTD: 0516-1 VTD: 0516-6 District 002 Chatham County VTD: 0512-11 VTD: 0512-12 VTD: 0512-2 VTD: 0512-3 VTD: 0512-4 VTD: 0512-5 VTD: 0512-7 VTD: 0512-9 VTD: 0513-10 003502: 1011 1012 1013 1014 1015 1020 1021 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 3000 3001 4006 VTD: 0513-2 000900: 1031 1032 1040 1041 1042 1043 1044 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 011200: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1018 1034 2030 2031 2039 2040 2048 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 VTD: 0513-3 003700: 2000 2001 2002 2003 2004 2005 2006 010101: 2068 2989 2990 JOURNAL OF THE SENATE VTD: 0513-8 VTD: 0513-9 VTD: 0518-2 VTD: 0518-5 001200: 1028 1029 1030 1031 1035 1036 1041 1042 1043 1055 002300: 1000 1008 1009 1010 011400: 1004 1005 1015 1016 1028 1029 VTD: 0518-6 002300: 1022 1023 1024 1031 1032 011400: 1042 1043 1054 1055 1064 District 003 Chatham County VTD: 0511-17 011107: 1108 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3027 3031 3032 3033 3034 3035 3036 3038 3053 3054 VTD: 0512-6 VTD: 0513-1 VTD: 0513-10 003800: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 010102: 3009 VTD: 0513-11 VTD: 0513-12 VTD: 0513-13 VTD: 0513-14 003900: 2000 2001 2010 4007 4008 4009 4010 4011 4013 010200: 1000 1001 1002 1003 1004 1005 2000 2005 2006 2007 2008 2009 2013 3009 3019 VTD: 0513-15 VTD: 0513-2 000900: MONDAY, MARCH 26, 2012 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1033 1034 1035 1036 1037 1038 1039 1045 1046 011200: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2041 2042 2043 2044 2045 2046 2047 VTD: 0513-3 003601: 1007 1017 1020 1021 1025 1031 1032 1036 1038 1040 1041 1042 1043 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2016 2017 2018 2019 2020 2021 2022 2023 2024 2031 2032 2033 2034 2035 003602: 1000 1001 1003 3027 3028 010102: 1000 1001 1002 1003 1004 1020 VTD: 0513-4 VTD: 0513-5 VTD: 0514-2 011107: 1022 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1106 1107 1109 3037 VTD: 0517-1 010601: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 3000 3001 3002 3006 3007 3008 3009 3010 3011 VTD: 0518-1 VTD: 0518-10 001200: 1019 1020 003301: 2000 VTD: 0518-15 010601: 3003 3004 3005 3012 3013 3014 3015 3016 3017 3018 3019 3020 3023 980000: 1026 1027 1029 1030 1031 1032 1033 1034 1035 1036 1037 1045 1046 1047 1048 2991 2992 JOURNAL OF THE SENATE VTD: 0518-5 000601: 4057 4058 001200: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1014 1015 1026 1027 1032 1033 1034 1037 1038 1039 1040 1044 1045 1046 1047 1048 1053 1054 1056 1057 1058 1059 002300: 1001 1002 1003 1004 1005 1006 1007 1011 1012 1013 1017 2007 2008 2009 2010 2011 VTD: 0518-6 001200: 1011 1012 1013 1016 1017 1018 1021 1024 1025 1049 1050 1051 1052 002300: 2000 2001 2002 2003 2004 2005 003302: 1014 2000 VTD: 0518-7 010601: 3021 3022 010700: 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1376 1377 1378 1379 1380 1381 1384 1397 1401 1408 1409 011600: 2000 2001 2014 2015 2042 2044 2059 2060 2068 2069 2070 980000: 1000 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 1019 1020 1021 1022 1023 1024 1025 1028 1038 1039 1040 1041 1042 1043 1044 1049 1050 1051 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1072 1077 1078 1079 1080 1081 1083 1084 District 004 Chatham County VTD: 0511-17 010102: 2001 011004: 1001 011106: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1037 1038 VTD: 0514-10 VTD: 0514-11 MONDAY, MARCH 26, 2012 VTD: 0514-12 VTD: 0514-13 VTD: 0514-14 VTD: 0514-15 VTD: 0514-2 011106: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 0514-4 VTD: 0514-5 VTD: 0514-6 VTD: 0514-7 VTD: 0514-8 VTD: 051XFTPU - FORT PULASKI PREC District 005 Chatham County VTD: 0515-11 VTD: 0515-2 VTD: 0515-3 VTD: 0515-4 VTD: 0515-5 VTD: 0515-6 004001: 5015 5016 004207: 1000 2000 004300: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1015 1016 1017 1018 1019 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1042 1043 1049 1051 1052 1053 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1070 1071 1072 1073 1074 1077 1078 1079 004400: 2019 2020 2021 2022 004500: 4007 4008 4009 4012 010502: 1000 1001 1002 1003 1005 1006 1007 1008 1009 2002 2003 2004 2005 2008 2009 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 010806: 4000 4001 VTD: 0515-8 VTD: 0517-10 2993 2994 JOURNAL OF THE SENATE VTD: 0517-9 VTD: 0518-12 004500: 1028 1029 1030 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 VTD: 0518-3 VTD: 0518-6 002300: 1014 1015 1016 1018 1019 1020 1021 1025 1026 1027 1028 1029 1030 2006 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 District 006 Chatham County VTD: 0515-7 VTD: 0516-10 VTD: 0516-11 VTD: 0516-2 VTD: 0516-3 VTD: 0516-5 VTD: 0516-8 VTD: 0516-9 District 007 Chatham County VTD: 0517-12 VTD: 0517-13 VTD: 0517-14 VTD: 0517-5 010501: 1018 1019 2000 2001 2002 2003 2004 2005 2006 2015 010603: 1018 1019 1021 1022 1023 1024 1025 1026 1034 1035 1036 1037 1038 VTD: 0517-6 VTD: 0517-7 010700: 1218 1220 1232 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1260 1261 1262 1267 010801: 1013 1015 1016 1023 1027 1028 1044 010803: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 MONDAY, MARCH 26, 2012 2007 2008 2009 2010 2011 2012 2013 2014 2015 2018 2022 2023 2024 2025 2026 2027 2028 2029 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 VTD: 0517-8 District 008 Chatham County VTD: 0517-1 010601: 4000 4001 4002 4003 4004 010603: 1004 1009 1010 1033 010700: 1329 1332 1333 1334 2041 VTD: 0517-11 VTD: 0517-3 VTD: 0517-4 VTD: 0517-5 010501: 1016 1017 010603: 1003 1005 1011 1012 1013 1014 1015 1016 1017 1020 1027 1028 1029 1030 1031 1039 1040 1041 VTD: 0517-7 010700: 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1203 1204 1210 1211 1213 1216 1217 1219 1222 1223 1224 1225 1226 1227 1228 1229 1230 1231 1233 1234 1235 1236 1258 1259 1265 1266 1308 1314 1331 1403 1404 1405 010803: 2000 2002 2003 2004 2005 2006 2016 2017 2019 2020 2021 2030 VTD: 0518-10 000601: 4015 4016 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4059 4060 4061 4062 4063 4064 4065 4066 003301: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1012 1016 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 0518-11 VTD: 0518-12 001200: 1022 1023 003301: 1014 1015 2995 2996 JOURNAL OF THE SENATE 003302: 1013 1015 2001 004500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1031 1032 1033 1034 1035 1036 010501: 1035 1036 1044 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3025 3026 3027 3028 3042 3046 3047 010502: 2000 2001 VTD: 0518-13 VTD: 0518-15 010601: 4005 4006 4007 4008 4009 4010 4011 4012 5000 5001 5002 5003 5004 5005 5006 6000 6001 6002 6003 6004 6005 6006 6007 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6025 6027 6028 6029 010603: 1032 VTD: 0518-7 000601: 3012 3020 3030 4017 4018 010501: 1000 1001 1002 1003 1004 010601: 6024 6026 6030 011600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1036 1037 1038 1039 1040 1041 1042 1043 2057 980000: 1052 1053 1085 VTD: 0518-8 VTD: 0518-9 On the adoption of the substitute, the yeas were 45, nays 3, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *SB 534: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 534: MONDAY, MARCH 26, 2012 2997 A BILL TO BE ENTITLED AN ACT To amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as 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 the continuation in office of currently serving officers; 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 administrator, mayor, and mayor pro tempore and certain duties, powers, and other matters relative thereto; to provide for administrative affairs and responsibilities; to provide for boards, commissions, and authorities; to provide for a city attorney, a city clerk, and other personnel and matters relating thereto; to provide for rules and regulations; to provide for a municipal court and the judge or judges thereof and other matters relative to those judges; to provide for the court's jurisdiction, powers, practices, and procedures; to provide for the right of certiorari; to provide for elections; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for auditing, accounting, budgeting, and appropriations; to provide for city contracts and purchasing; to provide for the conveyance of property and interests therein; to provide for bonds for officials; to provide for prior ordinances and rules, pending matters, and existing personnel; to provide for penalties; to provide for definitions and construction; to provide for other matters relative to the foregoing; to 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 incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, is amended by repealing Articles I through VII and enacting new articles to read as follows: "ARTICLE I INCORPORATION AND POWERS SECTION 1.10. Name. The City of McDonough, Georgia, in the County of Henry and the inhabitants thereof shall continue to be a body politic and corporate under the name and style of the City of McDonough, Georgia. Under the name said city shall continue to be vested with all of the property and rights of property which now belong to the corporation; shall have 2998 JOURNAL OF THE SENATE perpetual succession; may sue and be sued; may contract and be contracted with; may acquire and hold such property; real and personal, as may be devised, bequeathed, sold or in any manner conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest, sell or dispose of the same; may have a common seal and alter and renew the same at will. SECTION 1.11. Corporate boundaries. (a) The boundaries of the 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 the city at all times shall be shown on a map, a written description or any combination thereof, to be retained permanently in the office of the City Clerk and to be designated as: 'Official Map of the corporate limits of the City of McDonough, 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 mayor and 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 that it is designated to replace. SECTION 1.12. Examples of powers. The corporate powers of this city may include, but shall not be limited to, the following: (1) Property taxes. To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; (2) Other taxes. To levy and collect such other taxes as may be allowed now or in the future by state law; (3) Business regulation and taxation. To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades, and professions; to license and regulate the same; to provide for the manner and method of payment of such licenses and taxes; and to revoke such licenses after due process for failure to pay any city taxes or fees; (4) Appropriations and expenditures. To make appropriations for 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; (5) 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; (6) Municipal property ownership. To acquire, dispose of, and hold in trust or MONDAY, MARCH 26, 2012 2999 otherwise, any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (7) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (8) 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, under Titles 22 and 32 of the O.C.G.A., as amended, or under other applicable laws as are or may be enacted or amended; (9) 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, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced; (10) Public utilities and services. To grant franchises or make contracts for public utilities and public services; 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 such regulations by the Georgia Public Service Commission; (11) 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, otherwise improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and walkways within the corporate limits of the city; and to grant franchises and rights-of-way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; (12) 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 any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation under Titles 22 and 32 of the O.C.G.A., as amended, or under other applicable laws as are or may be enacted or amended; (13) Sidewalk maintenance. To require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so; (14) Building regulation. To regulate 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, building, and building trades; 3000 JOURNAL OF THE SENATE to license the construction and erection of buildings and all other structures; (15) Planning and zoning. To provide such comprehensive city planning for development by zoning, subdivision regulation and the like as the mayor and city council deems necessary and reasonable to insure a safe, healthy, and aesthetically pleasing community; (16) Public peace. To provide for the prevention and punishment of drunkenness, riots, and public disturbances; (17) Special areas of public regulation. To regulate or prohibit junk dealers; pawn shops; the manufacture, sale or transportation of alcoholic beverages; the use and sale of firearms; to regulate the transportation, storage and use of combustible, explosive and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property; to regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, shows of any kind whatever, by taxation or otherwise; to license, tax, regulate, or prohibit professional fortune-telling, palmistry, adult bookstores, and massage parlors; (18) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights-of-way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances; (19) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (20) Air and water pollution. To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city; (21) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict 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 violation thereof; (22) Public hazards, removal. To provide for the destruction and removal of any building or other structure which may or might become dangerous or detrimental to the public; (23) 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; (24) 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 MONDAY, MARCH 26, 2012 3001 method of collecting such service charges; (25) 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 the users of sewers and the sewerage system a sewer service charge, fee, or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges, and for enforcing payment of same; to charge, impose, and collect a sewer connection fee or fees, and to charge the same from time to time; such fees to be levied on the users connecting with the sewerage system; (26) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (27) 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; (28) Jail sentences. To provide that persons given jail sentences in the city's court may work out such sentence in any public works or on the streets, roads, drains, and other public property in the city; to provide for commitment of such persons to any jail, to provide for the use of pretrial diversion and any alternative sentencing allowed by law, or to provide for commitment of such persons to any county work camp or jail by agreement with the appropriate county officials; (29) Animal regulations. To regulate and license, or 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; also to provide for their disposition by sale, gift, or humane disposal, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder; (30) 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; (31) 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 and rent parking spaces in public ways for the use of such vehicles; (32) Pensions. To provide and maintain a system of pensions and retirement for officers and employees of the city; (33) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements; (34) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations providing for services to be made therefor; (35) City 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 3002 JOURNAL OF THE SENATE conferred upon or delegated to same; (36) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the authority of this charter and the laws of the State of Georgia; (37) Police and fire protection. To exercise the power of arrest through duly appointed policemen and to organize and operate a fire fighting agency; (38) 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; (39) Urban redevelopment. To organize and operate an urban redevelopment program; (40) Public transportation. To organize such public transportation systems as are deemed beneficial; (41) 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; (42) Cutting and removal of weeds, vegetable growth and debris. To require the owner, or his duly authorized agent, of any lot, tract, parcel of land or premises in the city to cut and remove from the same, any and all weeds, vegetable growth or debris thereon which might endanger the public health or safety; to provide notice to such owner, or the owner's duly authorized agent, that if the weeds or vegetable growth or debris are not cut or removed, the city may cut or remove the same and charge the expenses of the same to the said owner. The mayor and council shall have authority to enforce the collection of the charges for cutting or removing weeds or vegetable growth or debris when such charges are due and remain unpaid for a period of 30 days, by execution to be issued by the clerk against the owner or owners of the premises from which the weeds or vegetable growth or debris are cut or removed and such other persons as may be liable therefor. The said execution shall be a lien upon the said premises and, when recorded in the general execution docket of Henry County, Georgia, shall be a lien upon all of the property of the defendant in execution from the date of such record; and (43) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; and to exercise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated 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. 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. MONDAY, MARCH 26, 2012 3003 SECTION 1.13. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees may be exercised as provided by this charter. If this charter makes no provision, such may be exercised as provided by ordinance or as provided by pertinent state laws. ARTICLE II GOVERNING BODY SECTION 2.10. Creation; composition; number; election. The governing authority of this city shall be composed of a mayor and six councilmembers who shall be elected in the manner provided by Article V of this charter. The mayor and councilmembers serving on the effective date of this charter shall continue to serve for the remainder of their terms and until their successors are duly elected and qualified. SECTION 2.11. Terms and qualification for office. Except as otherwise provided for their initial terms, the members of the governing body shall serve for terms of four years and until their respective successors are elected and qualified. No person shall be eligible to serve as mayor or councilmember unless he or she shall have been a resident of the city for a period of one year immediately prior to the date of the election of the mayor or members of the council and shall continue to reside therein during his or her period of service and shall be registered and qualified to vote in municipal elections of this city. SECTION 2.12. Vacancy; filling of; forfeiture of office. (a) The office of mayor or councilmember shall become vacant upon: (1) The incumbent's death; (2) Resignation when accepted; (3) Decision of a competent tribunal declaring the office vacant; (4) The incumbent ceasing to be a resident of the city or of the district for which he or she was elected; (5) Abandoning the office and ceasing to perform its duties or either; or (6) Forfeiture of office or removal from office in any manner authorized by this charter or the laws of the State of Georgia. (b) A vacancy in the office of mayor or councilmember shall be filled for the 3004 JOURNAL OF THE SENATE remainder of the unexpired term, if any, as provided for in Article V in this charter. (c) The mayor or any councilmember shall forfeit his or her office if he or she: (1) Lacks at any time during his term of office any qualifications of the office as prescribed by this charter or the laws of the State of Georgia; (2) Willfully and knowingly violates any express prohibition of this charter; or (3) Is convicted of a crime involving moral turpitude. SECTION 2.13. Compensation and expenses. The salaries of the mayor and council shall be fixed by said mayor and council in January next following the city's election except as otherwise limited by the general laws of the State of Georgia. The mayor and councilmembers shall be entitled to receive their actual and necessary expenses incurred in the performance of their duties. SECTION 2.14. Prohibitions. Except as authorized by law, neither the mayor nor any member of the council shall hold any other elective city office or city employment during the term for which he or she was elected, and neither the mayor nor any member of the council shall vote upon any question in which he or she is personally interested. SECTION 2.15. Code of ethics. The mayor and council may enact by ordinance a code of ethics which shall apply to all elected officials, appointed officers and employees of this city. SECTION 2.16. Inquiries and investigations. The mayor and 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 mayor and council shall be punished as provided by ordinance. SECTION 2.17. General power and authority of the mayor and council. (a) Except as otherwise provided by law or by this charter, the mayor and council shall be vested with all the powers of government of this city as provided by Article I of this charter. MONDAY, MARCH 26, 2012 3005 (b) In addition to all other powers conferred upon it by law, the mayor and council shall have the authority to adopt and provide for the creation of such ordinances, resolutions, rules and regulations, not inconsistent with this charter, the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life, property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of this city. The mayor and council may enforce such ordinances by imposing penalties for the violation thereof. (c) The mayor and council may, by ordinances, create, change, alter, abolish, or consolidate offices, agencies and departments of the city and may assign additional functions to any of the offices, agencies and departments expressly provided for by this charter. SECTION 2.18. Chief executive officer. The mayor shall be the chief executive of this city. He shall possess all of the executive and administrative powers granted to the city under the Constitution and State of Georgia, and all the executive and administrative powers contained in this charter. SECTION 2.19. Powers and duties of mayor. As the chief executive of this city the mayor: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council; (3) Reserved; (4) Shall exercise supervision over all executive and administrative work of the city and provide for the coordination of administrative activities; (5) Reserved; (6) Reserved; (7) May recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he may deem expedient; (8) May call special meetings of the council as provided for in Section 2.22(b); (9) May examine and audit all accounts of the city; (10) May require any department or agency of the city to submit written reports whenever he or she deems it expedient; and (11) Shall perform other duties as may be required by general state law, this charter or ordinance. 3006 JOURNAL OF THE SENATE SECTION 2.20. Mayor pro tem; selection; duties. Following any induction of new members, the mayor and council shall elect by majority vote from among its members a mayor pro tem who shall assume the duties and powers of the mayor upon the mayor's disability or absence. The mayor pro tem shall serve for a term of one year and until his or her successor is elected and qualified. The mayor and council shall elect an acting mayor pro tem from among its members for any period in which the mayor pro tem is disabled, absent, or acting as mayor. Any such absence, action, or disability shall be declared by majority vote of all members of the mayor and council. SECTION 2.21. Organization meeting. The mayor and council shall meet for organization on the first scheduled meeting in January next following the city election. The meeting shall be called to order and the oath of office shall be administered to the newly elected members as follows: 'I do solemnly swear that I will well and truly perform the duties of (mayor or councilmember as the case may be) 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.' SECTION 2.22. Regular and special meetings. (a) The mayor and council shall hold regular meetings at such times and places as prescribed by ordinance. The mayor and council may recess any regular meeting and continue such meeting on any weekday or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (b) Special meetings of the mayor and council may be held on call of the mayor or two members of the council. Notice of such special meetings shall be served on all other members personally, or by telephone, or shall be left at their residence in advance of the meeting. Such notice shall not be required if the mayor and all councilmembers are present when the special meeting is called. Notice of any special meeting may be waived in writing before or after such meeting and attendance at the meeting shall constitute a waiver of notice of any special meeting. Only the business stated in the call may be transacted at the special meeting except by unanimous consent of all members present. With such consent, any business which may be transacted at a regular meeting may be conducted at the special meeting. (c) All meetings of the mayor and council shall be public to the extent required by general state law. MONDAY, MARCH 26, 2012 3007 SECTION 2.23. Rules of procedure. The mayor and 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. SECTION 2.24. Quorum; voting. (a) For transaction of all business, except as otherwise provided in this charter, the mayor and three councilmembers shall constitute a quorum. The vote of four councilmembers shall decide any question. Alternatively, the vote of three councilmembers and the mayor shall decide any question. (b) Voting on the adoption of ordinances shall be taken by voice or electronically. The ayes and nays shall be recorded in the minutes, but the mayor or any member of the council shall have the right to request a roll-call vote, except as otherwise provided in this charter. SECTION 2.25. Action requiring an ordinance. Acts of the mayor and council that have the force and effect of law shall be enacted by ordinance. SECTION 2.26. 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 that is not expressed in its title. The enacting clause shall be 'It is hereby ordained by the governing authority of the City of McDonough' and every ordinance shall so begin. (b) An ordinance may be introduced by the mayor or any councilmember and be read at a regular or special meeting of the city council. Ordinances shall be considered and adopted or rejected by the mayor and council in accordance with the rules that it shall establish. 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 mayor and council may designate. 3008 JOURNAL OF THE SENATE SECTION 2.27. Codes of technical regulations. The mayor and council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance. SECTION 2.28. Signing; authenticating; recording; printing. (a) The city clerk may authenticate by his or her signature and record in full in a properly indexed book kept for the purpose all ordinances adopted by the mayor and council. Every ordinance may be signed by the mayor after adoption. (b) The mayor and council may cause each ordinance and each amendment to this charter to be printed promptly following its adoption. The ordinances and charter amendments may be printed in substantially the same style as the code currently in effect and may be suitable in form for incorporation therein. The mayor and council may make such further arrangements as deemed desirable with respect to reproduction and distributions of any current changes in or additions to codes of technical regulations and other rules and regulations included in the code. ARTICLE III ADMINISTRATIVE AFFAIRS SECTION 3.10. Administrative and service departments. (a) Except as otherwise provided in this charter, the mayor and council shall prescribe the functions or duties and establish, abolish, or alter 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 general state law, department heads and other appointed officers of the city shall be appointed solely on the basis of their respective administrative and professional qualifications as shall be prescribed by the governing authority. (c) All appointive officers and department heads shall receive such compensation as prescribed by the mayor and council. (d) There may be a director of each department or agency who shall be its principal officer. Each director shall, subject to direction and supervision of the city administrator, be responsible for the administration and direction of the affairs and operations of his department or agency. MONDAY, MARCH 26, 2012 3009 SECTION 3.11. Boards, commissions and authorities. (a) The mayor and council shall create, by ordinance, such boards, commissions, and authorities to fulfill any investigative, quasi-judicial or quasi-legislative function the mayor and council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof. (b) All members of boards, commissions, and authorities of the city shall be appointed by the mayor and council for such terms of office and in such manner as shall be provided by ordinance, except where other appointing authority, term of office or manner of appointment is prescribed by this charter or general state law. (c) The mayor and council may provide for the compensation and reimbursement for actual and necessary expenses of the members of any board, commission, or authority. (d) 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 general state law. (e) Any member of a board, commission, or authority of the city may be removed from office for cause by a majority vote of the mayor and council. (f) Except as otherwise provided by this charter or by general state law, each board, commission, or authority of the city shall elect one of its members as chairman and one member as vice chairman 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 by-laws, rules and regulations, not inconsistent with this charter, ordinances of the city, or general state law, as it deems appropriate and necessary for the fulfillment of its duties or the conduct of its affairs, copies of which shall be filed with the clerk of the city. SECTION 3.12. City attorney. The mayor and council may 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: (1) Shall be responsible for representing and defending the city in all litigation in which the city is a party; (2) May be the prosecuting officer in the municipal court; (3) Shall attend the meetings of the mayor and council as directed; (4) Shall advise the council, mayor and other officers and employees of the city concerning legal aspects of the city's affairs; and (5) Shall perform such other duties as may be required of him by virtue of his position as city attorney. 3010 JOURNAL OF THE SENATE SECTION 3.13. City clerk. The mayor and council shall appoint a city clerk to keep a journal of the proceedings of the city council and to maintain in a safe place all records and documents pertaining to the affairs of the city and to perform such other duties as may be required by law or as the council may direct. SECTION 3.14. Tax collector. The mayor and council may appoint a tax collector to collect all taxes, licenses, fees and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and the tax collector shall diligently comply with and enforce all general laws of the State of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.15. City accountant. The mayor and council may appoint a city accountant to perform the duties of an accountant. SECTION 3.16. Consolidation of functions. The mayor and council may consolidate any two or more of the positions of city clerk, city tax collector and city accountant or any other positions or may assign the functions of any one or more of such positions to the holder or holders of any other positions. SECTION 3.17. Position classification and pay plans. The city administrator may be responsible for the preparation of a position classification and pay plan which shall be submitted to the mayor and council for approval. Said 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 mayor and council shall not increase or decrease the salaries of individual employees except by amendment of said pay plan. For purposes of this section, all elected and appointed city officials are not city employees. MONDAY, MARCH 26, 2012 3011 SECTION 3.18. Personnel policies. The mayor and council may adopt rules and regulations consistent with this charter concerning: (1) The method of employee selection and probationary periods of employment; (2) The administration of the position classification and pay plan, methods of promotion and application of service ratings thereto, and transfer of employees within the classification plan; (3) Hours of work, vacation, sick leave and other leaves of absence, overtime pay, and the order and manner in which layoff shall be effected; (4) Such dismissal hearings as due process may require; and (5) Such other personnel policies as may be necessary to provide for adequate and systematic handling of personnel affairs. ARTICLE IV MUNICIPAL COURT SECTION 4.10. Creation. There is hereby established a court to be known as the 'Municipal Court, City of McDonough' which shall have jurisdiction and authority to try offenses against the laws and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by the laws of Georgia, to subpoena witnesses, to punish witnesses for nonattendance, and to try all offenses occurring within the territorial limits of the city, including traffic cases which under the laws of Georgia are now or hereafter placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof. The presiding officer of such court shall be known as the judge. The court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. SECTION 4.11. Chief judge; associate judge. (a) The municipal court shall be presided over by a chief judge and such part-time, full-time, or stand-by judges as shall be provided by ordinance. (b) No person shall be qualified or eligible to serve as a judge on the municipal court unless that person shall have attained the age of 21 years, shall be a member of the State Bar of Georgia and shall possess all qualifications required by law. All judges shall be appointed by the mayor and council and shall serve until a successor is appointed and qualified. 3012 JOURNAL OF THE SENATE (c) Compensation of the judges shall be fixed by ordinance. (d) Judges serve at-will and may be removed from office at any time by the mayor and 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 mayor and council. SECTION 4.12. Jurisdiction. (a) The municipal court shall have jurisdiction and authority to 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 operations, 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 said 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. (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. MONDAY, MARCH 26, 2012 3013 (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 4.13. Right of certiorari. The right of certiorari to the superior court from the municipal court shall lie in the same manner and under the same procedure as prescribed for certiorari to the various justice courts of the state. SECTION 4.14. Vacancy in office. (a) In the event of absence, sickness, or disqualification of the judge or vacancy in such office, a judge pro tempore appointed by the mayor and council may preside over the municipal court and hear and try all cases therein, and in the performance of said office shall be clothed with the same powers and authority as are granted to the judge under this charter and the laws of the State of Georgia. The mayor and council are empowered to provide for the compensation of any such person appointed to preside over said court as herein provided. (b) Any person being considered for appointment as judge pro tempore must also meet the qualifications set out in Section 4.11 of this charter. ARTICLE V ELECTIONS SECTION 5.10. Applicability of general law. All elections, including special elections, shall be held and conducted in accordance with applicable provisions of Title 21 of the O.C.G.A., as now or hereafter amended, and any other applicable law. SECTION 5.11. Election of mayor and council. (a) There shall be a municipal general election biennially in the odd years on the Tuesday next following the first Monday in November. (b) There shall be elected the mayor, one at large councilmember, and councilmembers for Districts One and Two at one election and at every other regular election thereafter. The remaining three councilmember seats, consisting of one at large councilmember and councilmembers for Districts Three and Four, shall be filled at the election 3014 JOURNAL OF THE SENATE alternating with the first election so that a continuing body is created. Terms shall be for four years. (c) The person receiving a plurality of the votes for any city office shall be elected. SECTION 5.12. Special elections; vacancies. In the event that the office of mayor or any councilmember shall become vacant for any cause whatsoever, the mayor and city council or those remaining shall order a special election to fill the balance of the unexpired term of such office; provided, however, if such vacancy occurs within 12 months of the expiration of the term of that office, the mayor and council or those remaining shall not be required to call an election to fill the vacancy. SECTION 5.13. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party labels. SECTION 5.14. City council districts; adjustment of districts. There shall be four city council districts. The election districts in effect on the effective date of this Act are incorporated by reference and shall remain in effect until lawfully amended. SECTION 5.15. Grounds for removal. The mayor, councilmembers, or others provided for in this charter shall be removed from office for any one or more of the following causes: (1) Incompetence, misfeasance or malfeasance in office; (2) Conviction of a crime involving moral turpitude; (3) Failure at any time to possess any of the qualifications of office as provided by this charter or by law; (4) Knowingly violate any express prohibition of this charter; (5) Abandonment of office or neglect to perform the duties thereof; or (6) Failure for any other cause to perform the duties of office as required by this charter or by state law. MONDAY, MARCH 26, 2012 3015 SECTION 5.16. Procedure for removal. Removal of an above described officer may be accomplished by one of the following methods: (1) By majority vote of the mayor and council after an investigative hearing, the officer to be removed not voting if he is the mayor or a member of the council. In the event an elected officer is sought to be removed by the action of the mayor and council, such officer shall be entitled to a written notice specifying the ground for removal and to a public hearing which shall be held not less than ten days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the mayor and council to the Superior Court of Henry County. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or (2) By information filed in the Superior Court of Henry County as provided by state law. ARTICLE VI FINANCE SECTION 6.10. Property tax. The mayor and 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; providing governmental services; for the repayment of principal and interest on general obligations; and for any other public purpose as determined by the mayor and council in its discretion. SECTION 6.11. Millage rate, due dates, payment methods. The mayor and council, by ordinance, shall establish a millage rate for the city property tax; a due date; and in what length of time these taxes must be paid. The mayor and council, by ordinance, may provide for the payment of these taxes by installments or in one lump sum, as well as to authorize the voluntary payment of taxes prior to the time when due. The tax rate 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 approximated for each of the several funds set forth in the annual operating budget for defraying the expenses of the general government of the city. 3016 JOURNAL OF THE SENATE SECTION 6.12. Occupation and business taxes. The mayor and council, by ordinance, shall have the power to levy such occupation or business taxes as are not denied by applicable law. Such taxes may be levied on both individuals and corporations who transact business in this city or who practice or offer to practice any profession or calling therein to the extent such persons have a constitutionally sufficient nexus to this city to be so taxed. The mayor and council may classify businesses, occupations, professions or callings for the purpose of such taxation in any way which may be lawful and compel the payment of such taxes as provided in this article. SECTION 6.13. Licenses; permits; fees. The mayor and council, by ordinance, shall have the power to require any individuals or corporations who transact business in this city or who practice or offer to practice any profession or calling therein to obtain a license or permit for such activity from the city and pay a reasonable fee for such license or permit where such activities are not now regulated by general state law in such a way as to preclude city regulation. Such fees may reflect the total cost to the city of regulating the activity and if unpaid shall be collected as provided in this article for delinquent taxes and fees. The mayor and council, by ordinance, may establish reasonable requirements for obtaining or keeping such licenses as the public health, safety, and welfare necessitates. SECTION 6.14. Service charges. The mayor and council, by ordinance, shall have the power to assess and collect fees, charges and tolls for sewer, sanitary, health services or any other services rendered within and without the corporate limits of the city for the total cost of the city of providing such services. If unpaid, such charges shall be collected as provided in this article for delinquent taxes and fees. SECTION 6.15. Special assessments. The mayor and council shall have the power and authority to assess all or part of 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 may be prescribed by ordinance. Such special assessments shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to fi. fa. charges, to a penalty of 10 MONDAY, MARCH 26, 2012 3017 percent, and shall thereafter be subject to interest at the rate or rates now or hereafter provided by the laws of the State of Georgia from the date due until paid. A lien shall exist against the abutting property superior to all other liens except that it shall be of equal dignity with liens for county and city property taxes. Said lien shall also be enforceable by the same procedures and under the same remedies as provided for in this article for city property taxes. SECTION 6.16. Construction; other taxes. This city shall be empowered to levy any other tax allowed now or hereafter by state law, including but not limited to the insurance premium tax at the maximum rate allowable 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 6.17. Collection of delinquent taxes and fees. The mayor and council, by ordinance, may provide generally for the collection of delinquent taxes, fees, or other revenue due the city by whatever reasonable means as are not precluded by general state law. This shall include providing for the dates when the taxes or fees are due; late penalties or interest; issuance and execution of fi. fas.; creation and priority of liens; making delinquent taxes and fees personal debts of the persons required to pay the taxes or fees imposed; revoking city licenses for failure to pay any city taxes or fees; allowing exceptions for hardship; and providing for the assignment or transfer of tax executions. SECTION 6.18. Transfer of executions. The city clerk shall be authorized to assign or transfer any fi. fa. or execution issued for any tax or for any street, sewer or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title and interest as provided by Georgia law governing sales and transfers of tax fi. fas.; provided, however, that upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such property in fee simple or lesser interest shall not lose his right to redeem the property in accordance with the requirements of redemption of property sold under state or county ad valorem tax fi. fas., as said requirements now exist or as may be hereinafter provided by law. 3018 JOURNAL OF THE SENATE SECTION 6.19. General obligation bonds. The mayor and 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 general laws of the state. Such bonding authority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is undertaken. SECTION 6.20. Revenue bonds. Revenue bonds may be issued by the mayor and council as provided by an act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, page 761), as now or hereafter amended, or by any other Georgia law as now or hereafter provided. SECTION 6.21. Short-term notes. The city must obtain and repay any short-term loans between January 1 and December 31 of each year or as is otherwise provided by present or future state law. SECTION 6.22. Fiscal year. The mayor and council shall set the fiscal year by ordinance. The 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, unless otherwise provided by general state or federal law. SECTION 6.23. Preparation of budgets. The mayor and council may provide an ordinance on the procedures and requirement for the preparation and execution of an annual operating budget capital improvement program, and a capital budget including requirements as to the scope, content, and form of such budgets and programs. SECTION 6.24. Additional appropriations. The mayor and council may make appropriations in addition to those contained in the current operating budget at any regular meeting or at any special meeting called for MONDAY, MARCH 26, 2012 3019 such purpose. Any such additional appropriations, however, may be made only from an existing unappropriated surplus in the fund to which it applies. SECTION 6.25. Capital improvements budget. (a) The city administrator may submit to the mayor and council a proposed capital improvements budget with his or her recommendation as to the means of financing the improvements proposed for the ensuing fiscal year. The mayor and council shall have power to accept with or without amendments or reject the proposed program and proposed means of financing. The mayor and council shall not authorize an expenditure for the construction of any building, structure, work or improvement unless the appropriations for such project are included in the capital improvements budget, except to meet a public emergency threatening the lives, health or property of the city's inhabitants, provided that such authorization is passed by a majority vote of the mayor and council. (b) No appropriation provided for in the capital improvements budget shall lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned; provided, however, that the city administrator may submit amendments to the capital improvements budget, accompanied by his recommendations thereon, at any time during the fiscal year. Any such amendments to the capital improvements budget shall become effective only upon adoption by a vote of the mayor and council. SECTION 6.26. Independent audit. There shall be an annual, independent audit of all city accounts, funds, and financial transactions by a qualified public accountant selected by the mayor and council. The audit shall be conducted according to generally accepted governmental accounting principles. Any audit of any funds by the state or federal governments may be accepted as satisfying the requirements of this charter. SECTION 6.27. Contracting procedures. No contract with the city shall be binding on the city unless: (1) It is in writing; and (2) It is made or authorized by the mayor and council and such approval is entered in the council minutes. SECTION 6.28. Centralized purchasing. The mayor and council may, by ordinance, prescribe procedures for a system of centralized purchasing for the city. 3020 JOURNAL OF THE SENATE SECTION 6.29. Sale of city property. The mayor and council may sell and convey any real or personal property owned or held by the city for governmental or other purposes as provided by general state law, Chapter 37 of Title 36 of the O.C.G.A., or any other applicable laws. ARTICLE VII GENERAL PROVISIONS SECTION 7.10. Eminent domain. The mayor and council are hereby empowered to acquire, construct, operate, and maintain public ways, parks, public grounds, cemeteries, markets, market houses, public buildings, libraries, sewers, drains, sewage treatment, waterworks, electrical systems, gas systems, airports, hospitals and charitable, educational, recreational, sport, curative, corrective, detentional, penal and medical institutions, agencies, and facilities and any other public improvements inside or outside the city; and to regulate the use thereof, and for such purposes, property may be taken under Titles 22 and 32 of the O.C.G.A., subject to such amendments as shall be enacted, or any other law applicable now or provided in the future. SECTION 7.11. Franchises. The mayor and 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, cable television, gas companies, transportation companies and other similar organizations. The mayor and council shall determine the duration, provisions, terms, whether the same shall be exclusive or nonexclusive, and the consideration for such franchises; provided, however, no franchise shall be granted for a period in excess of 15 years and no franchise shall be granted unless the city receives just and adequate compensation therefor. The mayor and council shall provide for the registration of all franchises with the city clerk in a registration book to be kept by him or her. The mayor and council may provide by ordinance for the registration within a reasonable time of all franchises previously granted. SECTION 7.12. Official bonds. The officers and employees of the city, both elective and appointive, shall execute such official bonds in such amounts and upon such terms and conditions as the mayor and council shall from time to time require by ordinance or as may be provided by state law. MONDAY, MARCH 26, 2012 3021 SECTION 7.13. Penalties. The violation of any provisions of this charter, for which penalty is not specifically provided for herein, shall be punishable by a fine of not more than $1,000.00 or by imprisonment not to exceed six months or both such fine and imprisonment. 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 intended to be to be mandatory and the word 'may' is not. (c) The word 'city' shall mean the City of McDonough, Georgia. (d) The word 'council' shall mean the city council of this city. (e) The singular shall include the plural and the masculine the feminine and vice versa." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 45, nays 3, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *SB 537: The Senate State and Local Governmental Operations Committee offered the following substitute to SB 537: A BILL TO BE ENTITLED AN ACT To amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide 3022 JOURNAL OF THE SENATE for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, is amended by revising Section 2.18 as follows: "SECTION 2.18. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive powers granted to the city under the Constitution and State of Georgia, and all of the executive powers contained in this charter." SECTION 2. Said Act is further amended by revising Section 2.19 as follows: "SECTION 2.19. Powers and duties of mayor. As the chief executive of this city the mayor: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council; (3) May recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (4) May examine and audit all accounts of the city; (5) May require any department or agency of the city to submit written reports whenever he or she deems it expedient; (6) Shall perform other duties as may be required by general state law, this charter, or ordinance; (7) Shall be the head of the city for the purpose of service of process and for ceremonial purposes and the official spokesperson for the city and the chief advocate of policy; (8) Shall have the power to administer oaths and to take affidavits; (9) Shall 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; and (10) Shall vote on matters before the city council and be counted toward a quorum as any other councilmember." MONDAY, MARCH 26, 2012 3023 SECTION 3. Said Act is further amended by adding a new section to read as follows: "SECTION 3.19. City administrator. (a) The mayor and council shall appoint a city administrator for an indefinite term and fix his or her compensation. The city administrator shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local government management. (b) The city administrator shall serve as the mayor and city council's liaison with the city's employees. The administrator shall serve as the immediate supervisor for each of the city's department heads. In keeping with the city's organizational structure, requests or complaints between the city's employees and the mayor and city council shall be made through the administrator. (c) The city administrator shall be the chief administrative officer of the city, responsible to the mayor and council for the management of all city affairs placed in the administrator's charge by or under this charter. The city administrator shall: (1) Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city administrator may authorize any administrative officer 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. The city administrator shall have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and 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 budget and capital program to the mayor and council, and implement the final budget approved by council to achieve the goals of the city; (6) Submit to the mayor and 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 mayor and council may require concerning operations; (8) Keep the mayor and council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the mayor and council concerning the affairs of the city and facilitate the work of the mayor and council in developing policy; (10) Provide staff support services for the mayor and councilmembers; 3024 JOURNAL OF THE SENATE (11) Assist the mayor and council to develop long-term goals for the city and strategies to implement these goals; (12) Encourage and provide staff support for regional and intergovernmental cooperation; (13) Promote partnerships among mayor and council; staff; and citizens in developing public policy and building a sense of community; and (14) Perform such other duties as are specified in this charter or may be required by the mayor and council. (d) By letter filed with the city clerk, the city administrator shall designate a city officer or employee to exercise the powers and perform the duties of city administrator during the administrator's temporary absence or disability; the mayor and council may revoke such designation at any time and appoint another officer of the city to serve until the city administrator returns. (e) In the event of an accident, disaster, or other emergency, the city administrator may make purchases or award contracts when necessary; provided, however, that he or she shall promptly notify the mayor and city council of the emergency, the course of action taken, and all expenditures incurred. (f) If the city administrator declines to resign at the request of the mayor and council, the mayor and council may suspend the administrator by a resolution approved by the majority vote of mayor and council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city administrator. The city administrator shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the mayor and council, by a majority vote, may adopt a final resolution of removal. The city administrator shall continue to receive full salary until the effective date of a final resolution of removal. (g) Any vacancy in the office of the city administrator should be filled within 120 days following the effective date of such vacancy." SECTION 4. 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 the City of McDonough for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2012, 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 Henry County. The ballot shall have written or printed thereon the words: MONDAY, MARCH 26, 2012 3025 "( ) YES ( ) NO Shall the charter of the City of McDonough be amended so as to transfer the existing administrative powers and duties of the mayor to the city administrator and provide for the powers and duties of the city administrator?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 of this Act shall become of full force and effect on January 1, 2014. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of McDonough. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 5. Section 4 of this Act shall become effective upon its approval by the Governor only if an Act to provide a new charter for the City of McDonough is enacted during the 2012 regular session of the General Assembly and becomes law; otherwise, this Act shall be automatically repealed on the day following the last day provided for the Governor to approve of or veto legislation. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 45, nays 3, and the committee substitute was adopted. The amendment to the following bill was put upon its adoption: *HB 956: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend HB 956 (LC 28 6164S) by striking lines 124, 165, and 166; by inserting a quotation mark at the end of line 164; by redesignating Sections 2 and 3 as Sections 3 and 4, respectively; and by inserting after line 166 the following: SECTION 2. Any business which is located in the area annexed into the City of Berkeley Lake by this Act that, on the effective date of this Act, has obtained or renewed a Gwinnett County business license for 2012 and paid the appropriate fee for such license to Gwinnett County shall not be required to pay any a fee to the City of Berkeley Lake to obtain or renew a business license for 2012. 3026 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 45, nays 3, and the committee amendment was adopted. The amendment to the following bill was put upon its adoption: *HB 1041: Senators Loudermilk of the 52nd and Heath of the 31st offered the following amendment: Amend HB 1041 by on line 49 strike the word "selected" with the word "elected". On the adoption of the amendment, the yeas were 45, nays 3, and the Loudermilk, Heath amendment was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Bethel Bulloch N Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris N Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 45, nays 3. The bills on the Local Consent Calendar, except SB 480, SB 481, SB 534, SB 537, HB 956, and HB 1041, having received the requisite constitutional majority, were passed. MONDAY, MARCH 26, 2012 3027 SB 480, SB 481, SB 534, and SB 537, having received the requisite constitutional majority, were passed by substitute. HB 956 and HB 1041, having received the requisite constitutional majority, were passed as amended. Senator Crosby of the 13th was excused for business outside the Senate Chamber. SENATE CONVENES AT 1:00 P.M. SENATE RULES CALENDAR MONDAY, MARCH 26, 2012 THIRTY-EIGHTH LEGISLATIVE DAY HB 250 Georgia Judicial Retirement System; revised survivor's benefit option; provisions (RET-54th) Weldon-3rd HB 548 Workers' compensation; parties to franchise agreement not considered employees; provide (I&L-8th) Martin-47th HB 635 Macon Water Commissioners - Pension Plan; change provisions (RET-18th) Lucas-139th HB 636 Brookhaven, City of; provide a charter (Substitute) (SLGO(G)-40th) Jacobs-80th HB 685 Dogs; dangerous and vicious; extensively revise provisions (Substitute) (JUDY-30th) Maddox-172nd HB 692 Educational professionals; reduce salary if test scores were falsified; provide (ED&Y-56th) Mitchell-88th HB 728 Property; covenants; clarify provisions (JUDY-51st) Jasperse-12th HB 732 Special license plates; Purple Hearts; include persons serving in armed services (PUB SAF-11th) McBrayer-153rd HB 733 Family violence; holdover provisions for appointees; add (S JUDY-17th) Hightower-68th HB 954 Abortion; criminal abortion; change certain provisions (Substitute) (H&HS-19th) McKillip-115th 3028 HB 769 HB 792 HB 795 HB 797 HB 817 HB 824 HB 865 HB 869 HB 872 HB 898 HB 916 HB 933 HB 942 HB 944 JOURNAL OF THE SENATE Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide (RI&U-47th) Geisinger-48th Nonpublic Postsecondary Educational Institutions Act of 1990; operate by means of accreditation; provide authorization (Substitute) (H ED-52nd) Casas-103rd All-terrain vehicles; make definitions consistent with industry standards (PUB SAF-27th) Powell-29th State chartered special schools; revise funding (Substitute) (ED&Y-16th) Jones-46th Transportation, Department of; power to contract; amend limitations (TRANS-51st) Nimmer-178th Quality Basic Education Act; calculating equalization grants; revise method (Substitute) (APPROP-37th) Dudgeon-24th Georgia Motor Common and Contract Carrier Act of 2012; enact (Substitute) (TRANS-9th) Powell-29th Natural Resources, Board of; rules and regulations; revise certain provisions (NR&E-20th) Lane-167th Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions (Substitute) (RI&U-45th) Shaw-176th Georgia Merchant Acquirer Limited Purpose Bank Act; enact (Substitute) (B&FI-53rd) Ehrhart-36th Bona fide conservation use property; covenants; change certain qualifications and restrictions (FIN-11th) Knight-126th Preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program; provide (Substitute) (RI&U-49th) Rogers-26th Official Code of Georgia; revise, modernize and correct errors or omissions (JUDY-54th) Willard-49th Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions (RET-54th) Willard-49th MONDAY, MARCH 26, 2012 3029 HB 991 Sheriffs; how vacancies are filled; change provisions (PUB SAF-27th) Maddox-127th HB 1051 Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; repeal provisions (Substitute) (TRANS-53rd) Jacobs-80th HB 1052 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors (Substitute) (TRANS-53rd) Jacobs-80th HB 1080 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee (Substitute) (VM&HS-56th) Purcell-159th HB 1115 Public utilities and public transportation; telecommunications; revise and update certain provisions (RI&U-52nd) Dudgeon-24th HB 1166 Insurance; individual health insurance coverage to children through childonly health plans; provide (I&L-3rd) Atwood-179th HB 1198 Parent and child; grandparent visitation rights; modify provisions (Substitute) (JUDY-54th) Meadows-5th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: HB 250. By Representatives Weldon of the 3rd, Maxwell of the 17th, Benton of the 31st, Epps of the 140th, Greene of the 149th and others: A BILL to be entitled an Act to amend Chapter 23 of Title 47 of the Official Code of Georgia Annotated, relating to the Georgia Judicial Retirement System, so as to provide that a member who rejected survivor's benefits may elect such benefits by paying the actuarial cost; to provide for a revised survivor's benefit option for persons who become members on or after July 1, 2012; to provide for options; to provide for the event of death or divorce; to provide for the death of an active member; to provide for the payment of the remainder of a member's accumulated contributions; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. 3030 JOURNAL OF THE SENATE The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 24, 2012 Honorable Howard Maxwell, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation (Revised) House Bill 250 (LC 21 0952) Georgia Judicial Retirement System Dear Chairman Maxwell: This bill would amend provisions relating to retirement contributions under the Judicial Retirement System. Specifically, this bill would provide for a refund of accumulated contributions if the total value of benefits paid to a member and the designated survivor do not equal or exceed the member's accumulated contributions at the time of his or her retirement. This bill would also amend provisions relating to survivors' benefits by allowing certain persons who are members of this System prior to July 1, 2012 to obtain spouses' benefits even though the member had previously rejected such benefits. Any member wishing to obtain such benefit would be required to pay the full actuarial cost of the benefit. Finally, this bill would provide for a revised survivors' benefit option for persons who become members of the System on or after July 1, 2012. Such members would have four options for receiving retirement allowances and includes provisions to change such election in the event of marriage, divorce, or death of the survivor. This bill would not result in any additional cost to the Georgia Judicial Retirement System. The provision that would allow for a refund of accumulated contributions under certain circumstances would increase the annual amortization of the unfunded actuarial MONDAY, MARCH 26, 2012 3031 accrued liability by $11,000 each year for the next 20 years. However, the provision that would provide for a revised survivors' benefit option would reduce the normal cost by $11,000 each year. The estimated cost is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through State appropriations. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 111,000 (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ 11,000 (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. 20 (4) The amount of the annual normal cost which will result from the bill. $ (11,000) (5) The employer contribution rate currently in effect. 3.90% (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). 3.90% (7) The total dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Respectfully, /s/ Russell W. Hinton State Auditor 3032 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 6, 2011 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 250 (LC 21 0952) Dear Representative Maxwell: This bill would amend provisions relating to retirement contributions under the Judicial Retirement System. Specifically, this bill would provide for a refund of accumulated contributions if the total value of benefits paid out to the member and the designated survivor do not equal or exceed the member's accumulated contributions at the time of his or her retirement. Such refund would be paid to the individual designated by the member or survivor, or to the estate if no individual has been designated to receive the refund. This bill would also amend provisions relating to survivors' benefits under the Judicial Retirement System. Specifically, this bill would allow certain persons who are members of this retirement system prior to July 1, 2012 to obtain spouses' benefits even though the member had previously rejected such benefits. Under the provisions of this legislation, the member would be required to notify the Board of such election and pay the amount necessary to grant the benefit without creating any accrued actuarial liability. This bill specifies that the member must have at least ten years of membership service in order to vest for spouses' benefits. It should be noted that this option is not available to persons who were members of the predecessor retirement systems. MONDAY, MARCH 26, 2012 3033 Finally, this bill would provide for a revised survivors' benefit option for persons who become members of the Judicial Retirement System on or after July 1, 2012. Such members would have four options for receiving retirement allowances. This bill includes provisions to change the election in the event of marriage, divorce, or death of the survivor. 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris N Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 44, nays 1. HB 250, having received the requisite constitutional majority, was passed. 3034 JOURNAL OF THE SENATE Senator Murphy of the 27th was excused for business outside the Senate Chamber. HB 548. By Representative Martin of the 47th: A BILL to be entitled an Act to amend Code Section 34-9-1 of the Official Code of Georgia Annotated, relating to definitions relative to workers' compensation, so as to provide that individuals who are parties to a franchise agreement shall not be considered employees; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Golden of the 8th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 44, nays 0. HB 548, having received the requisite constitutional majority, was passed. Senator Davis of the 22nd was excused for business outside the Senate Chamber. MONDAY, MARCH 26, 2012 3035 HB 635. By Representatives Lucas of the 139th, Peake of the 137th, Randall of the 138th, Epps of the 140th, Dickey of the 136th and others: A BILL to be entitled an Act to amend an Act entitled "Macon Water Commissioners - Pension Plan," approved December 30, 1953 (Ga. L. 1953, p. 2831), as amended, particularly by an Act approved March 24, 1994 (Ga. L. 1994, p. 3947), an Act approved April 4, 1996 (Ga. L. 1996, p. 4042), an Act approved May 17, 2004 (Ga. L. 2004, p. 4384), and an Act approved May 5, 2006 (Ga. L. 2006, p. 4392), so as to change the normal retirement age for certain employees; to change the definition of the term "disability"; to provide the actuarial equivalent basis which is stated in the document; to provide for certain limitations on compensation and benefits; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Staton of the 18th. 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 31, 2011 The Honorable David Lucas State Representative Coverdell Legislative Office Building, Room 509 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 635 (LC 21 1211) 3036 JOURNAL OF THE SENATE Dear Representative Lucas: This bill would amend provisions relating to the Macon Water Commissioners Pension Plan. Specifically, this bill would: XXVI. Increase the total contribution rate from 12.40% to 15.5%. Under the Plan's provisions, employees pay one-half of the required contribution and the employer pays one-half of the required contribution; XXVII. Increase the normal retirement age to 63 years of age; XXVIII. Change the method for calculating retirement benefits; XXIX. Change the early retirement age from 55 years of age with 15 years of service to 62 years of age with 15 years of service; XXX. Amend the definition of disability to exclude disabilities caused by self- inflicted injuries and disabilities occurring during the commission of a crime; and XXXI. Change provisions, as needed, to ensure the Plan complies with IRS regulations. 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 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 11, 2011 Honorable Howard Maxwell, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 MONDAY, MARCH 26, 2012 3037 SUBJECT: Actuarial Investigation House Bill 635 (LC 21 1296S) Macon Water Authority Pension Fund Dear Chairman Maxwell: This bill would amend provisions relating to the Macon Water Commissioners Pension Plan. Specifically, this bill would exclude individuals whose date of hire is on or after July 1, 2012 from entering the Plan, and give existing participants the right to elect participation in a new plan established by the Board. Additionally, this bill would amend the definition of "final average monthly compensation" which is used to calculate retirement benefits and amend the definition of "disability" to exclude disabilities caused by self-inflicted injuries and disabilities occurring during the commission of a crime. Finally, this bill would change provisions, as needed, to ensure the Plan complies with IRS regulations. The cost of this legislation would be $1,197 in the first year in order to meet the concurrent funding requirements of O.C.G.A. 47-20-50. This first year cost includes $950 each year for the next 20 years to amortize the unfunded actuarial accrued liability and $247 each year to fund the normal cost. This cost estimate is based on employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid from employee and employer contributions paid to the Macon Water Commissioners Pension Plan. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the House Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. (4) The amount of the annual normal cost which will result from the bill. $ 10,000 950 20 247 3038 JOURNAL OF THE SENATE (5) The employer contribution rate currently in effect. 11.70% (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). (7) The total dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 11.70% 1,197 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 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 11, 2011 The Honorable Howard Maxwell, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to House Bill 635 (LC 21 1296S) MONDAY, MARCH 26, 2012 3039 Dear Chairman Maxwell: This substitute bill would amend provisions relating to the Macon Water Commissioners Pension Plan. Specifically, this bill would: XXXII. Exclude individuals whose date of hire is on or after July 1, 2012 from entering the Plan, and give existing participants the right to elect participation in a new plan established by the Board; XXXIII. Amend the definition of "final average monthly compensation" which is used to calculate retirement benefits; XXXIV. Amend the definition of "disability" to exclude disabilities caused by selfinflicted injuries and disabilities occurring during the commission of a crime; and XXXV. Change provisions, as needed, to ensure the Plan complies with IRS regulations. This is to certify that this substitute bill is a fiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor Senator Paris of the 26th asked unanimous consent that she be excused from voting on HB 635 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Paris 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane E Crosby Y Davenport Y Hamrick E Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Orrock E Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C 3040 JOURNAL OF THE SENATE E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis E Murphy Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 635, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Butch Miller District 49 109 State Capitol Atlanta, GA 30334 Committees: State and Local Governmental Operations Economic Development Agriculture and Consumer Affairs Transportation Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/26/12 Please consider my vote Yes on HB 635. /s/ Butch Miller HB 636. By Representatives Jacobs of the 80th and Taylor of the 79th: A BILL to be entitled an Act to incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Millar of the 40th. MONDAY, MARCH 26, 2012 3041 The Senate State and Local Governmental Operations Committee offered the following substitute to HB 636: A BILL TO BE ENTITLED AN ACT To incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide for ordinances; to provide for codes; to provide for a Governor's Commission; to provide for the office of mayor and certain duties and powers relative to the office of mayor; to provide for administrative responsibilities; to provide for boards, commissions, and authorities; to provide for a city manager, a city attorney, a city clerk, a city accountant, and other personnel; to provide for a municipal court and the judge or judges thereof; to provide for practices and procedures; to provide for ethics and disclosures; to provide for taxation, licenses, and fees; to provide for franchises, service charges, and assessments; to provide for bonded and other indebtedness; to provide for accounting and budgeting; to provide for purchases; to provide for homestead exemptions; to provide for bonds for officials; to provide for other matters relative to the foregoing; to provide for a referendum; to provide effective dates and transitional provisions governing the transfer of various functions and responsibilities from DeKalb County to the City of Brookhaven; to provide for severability; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I CREATION, INCORPORATION, POWERS SECTION 1.01. Incorporation. This Act shall constitute the charter of the City of Brookhaven, Georgia. The City of Brookhaven, Georgia, in the County of DeKalb, and the inhabitants thereof, are constituted and declared a body politic and corporate under the same name and style of the "City of Brookhaven" and by that name shall have perpetual succession, may sue and be sued, plead and be impleaded, in all courts of law and equity, and in all actions whatsoever, and may have and use a common seal. 3042 JOURNAL OF THE SENATE SECTION 1.02. Corporate boundaries. The boundaries of the City of Brookhaven shall be those set forth and described in Appendix A of this charter, and said Appendix A is incorporated into and made a part of this charter. The city clerk shall maintain a current map and written legal description of the corporate boundaries of the city, and such map and description shall incorporate any changes which may hereafter be made in such corporate boundaries. SECTION 1.03. Powers and construction. (a) This city shall have all powers possible for a city to have under the present or future Constitution and laws of this state as fully and completely as though they were specifically enumerated in this Act. This city shall have all the powers of selfgovernment not otherwise prohibited by this Act or by general law. (b) The powers of this city shall be construed liberally in favor of the city. The specific mention or failure to mention particular powers shall not be construed as limiting in any way the powers of this city. These powers shall include, but not be limited to, the following: (1) Animal regulations. To regulate and license or to prohibit the keeping or running at large of animals and fowl, and to provide for the impoundment of same if in violation of any ordinance or lawful order; to provide for the disposition by sale, gift, or humane destruction of animals and fowl when not redeemed as provided by ordinance; and to provide punishment for violation of ordinances enacted hereunder; (2) Appropriations and expenditures. To make appropriations for the support of the government of the city; to authorize the expenditure of money for any purposes authorized by this charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia; and to provide for the payment of expenses of the city; (3) Building regulation. To regulate and to license the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing and building trades to the extent permitted by general law; (4) Business regulation and taxation. To levy and to provide for the collection of regulatory fees and taxes on privileges, occupations, trades, and professions as authorized by Title 48 of the O.C.G.A. or other such applicable laws as are or may hereafter be enacted; to permit and regulate the same; to provide for the manner and method of payment of such regulatory fees and taxes; and to revoke such permits after due process for failure to pay any city taxes or fees; (5) Condemnation. (A) To condemn property inside the corporate limits of the city for present or future use and for any public purpose deemed necessary by the city council utilizing MONDAY, MARCH 26, 2012 3043 procedures enumerated in Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (B) The municipality shall have the right to condemn and cause to be remediated or removed any building, structure, or existing condition within its corporate limits that is dangerous to life, limb, or property, by reasons of decay, dilapidation, or unsanitary condition. Nothing in this subparagraph shall be construed to relieve the municipality of any duty to give owners or interested persons reasonable notice and opportunity to remedy the situation. Nothing in this subparagraph shall be construed as relieving the municipality of liability to any interested person for damages to person or property taken or destroyed in furtherance of this subparagraph. This subparagraph shall not be construed as authorizing the doing of any act or thing contrary to the Constitution of this state and the policy of the general laws of this state. The municipality shall have authority to adopt reasonable ordinances and resolutions for the purpose of carrying out this subparagraph; (6) Contracts. To enter into contracts and agreements with other governmental entities and with private persons, firms, and corporations; (7) Emergencies. To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city; (8) Environmental protection. To protect and preserve the natural resources, environment, and vital areas of the city, the region, and the state through the enactment of ordinances that preserve and improve air quality, restore and maintain water resources, the control of erosion and sedimentation, manage storm water and establish a storm-water utility, manage solid and hazardous waste, and provide other necessary or beneficial actions for the protection of the environment. These ordinances shall include, without limitation, ordinances that protect, maintain, and enhance the public health, safety, environment, and general welfare and minimize public and private losses due to flood conditions in flood hazard areas, as well as protect the beneficial uses of flood plain areas for water quality protection, stream bank and stream corridor protection, wetlands preservation, and ecological and environmental protection. Such ordinances may require that users vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; restrict or prohibit uses which are dangerous to health, safety, and property due to flooding or erosion hazards, or which increase flood heights, velocities, or erosion; control filling, grading, dredging, and other development which may increase flood damage or erosion; prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands; limit the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; and protect the storm-water management, water quality, stream bank protection, stream corridor protection, wetland preservation, and ecological functions of natural flood plain areas; 3044 JOURNAL OF THE SENATE (9) Ethics. To adopt ethics ordinances and regulations governing such things as, but not limited to, the conduct of municipal elected officials, appointed officials, contractors, vendors, and employees, establishing procedures for ethics complaints, and setting forth penalties for violations of such rules and procedures; (10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge, or restrict the same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting; and to prescribe penalties and punishment for violations thereof; (11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein benefiting from such services; to enforce the payment of such charges, taxes, or fees; and to provide for the manner and method of collecting such service charges, taxes, or fees; (12) General health, safety, and welfare. To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental to health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city, and to provide for the enforcement of such standards; (13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose; (14) Health and sanitation. To prescribe standards of health and sanitation and to provide for the enforcement of such standards; (15) Homestead exemption. To establish and maintain procedures for offering homestead exemptions to residents of the city and maintaining current homestead exemptions of residents of the city as authorized by Act of the General Assembly; (16) 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; to provide for the use of pretrial diversion and any alternative sentencing allowed by law; or to provide for commitment of such persons to any county work camp or county jail by agreement with the appropriate county officials; (17) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all traffic, including parking upon or across the streets, roads, alleys, and walkways of the city; (18) Municipal agencies and delegation of power. To create, alter, or abolish departments, boards, offices not specified in this charter, commissions, authorities, and agencies of the city; and to confer upon such agencies the necessary and appropriate authority for carrying out all the powers conferred upon or delegated to the same; (19) Municipal debts. To appropriate and borrow money for the payment of debts of the city and to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized by this charter or the laws of the State of Georgia; MONDAY, MARCH 26, 2012 3045 (20) Municipal property ownership. To acquire, dispose of, lease, and hold in trust or otherwise any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the property limits of the city; (21) Municipal property protection. To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public; and to prescribe penalties and punishment for violations thereof; (22) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, storm-water management, gasworks, electricity generating plants, cable television and other telecommunications, transportation facilities, public airports, and any other public utility; to fix the taxes, charges, rates, fares, fees, assessments, regulations, and penalties; and to provide for the withdrawal of service for refusal or failure to pay the same; (23) Nuisance. To define a nuisance and provide for its abatement whether on public or private property; (24) Penalties. To provide penalties for violation of any ordinances adopted pursuant to the authority of this charter and the laws of the State of Georgia; (25) Planning and zoning. To provide comprehensive city planning for city land use, signage and outside advertising, and development by zoning; and to provide subdivision regulation and the like as the city council deems necessary and reasonable to ensure a safe, healthy, and aesthetically pleasing community; (26) Police and fire protection. To exercise the power of arrest through duly appointed police officers, and to establish, operate, or contract for a police and a firefighting agency; (27) Public hazards; removal. To provide for the destruction and removal of any building or other structure that is or may become dangerous or detrimental to the public; (28) Public improvements. To provide for the acquisition, construction, building, operation, maintenance, or abolition of public ways, parks and playgrounds, recreational facilities, cemeteries, public buildings, libraries, public housing, parking facilities, and charitable, cultural, educational, recreational, conservation, sport, detentional, penal, and medical institutions, agencies, and facilities; to provide any other public improvements inside the corporate limits of the city and to regulate the use of public improvements; and for such purposes, property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other applicable laws as are or may hereafter be enacted; (29) Public peace. To provide for the prevention and punishment of loitering, disorderly conduct, drunkenness, riots, and public disturbances; (30) Public transportation. To organize and operate such public transportation systems as are deemed beneficial; (31) Public utilities and services. To grant franchises or make contracts for, or impose taxes on, public utilities and public service companies; and to prescribe the rates, fares, regulations, and standards and conditions of service applicable to the 3046 JOURNAL OF THE SENATE service to be provided by the franchise grantee or contractor, insofar as not in conflict with valid regulations of the Public Service Commission; (32) Regulation of roadside areas. To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city; and to prescribe penalties and punishment for violation of such ordinances; (33) Employee benefits. To provide and maintain a retirement plan, insurance, and such other employee benefits for appointed officers and employees of the city as are determined by the city council; (34) Roadways. To lay out, open, extend, widen, narrow, establish or change the grade of, abandon or close, construct, pave, curb, gutter, adorn with shade trees, or otherwise improve, maintain, repair, clean, prevent erosion of, and light the roads, alleys, and walkways within the corporate limits of the city; to grant franchises and rights of way throughout the streets and roads and over the bridges and viaducts for the use of public utilities; and to require real estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands and to impose penalties for failure to do so; (35) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items; (36) Special assessments. To levy and provide for the collection of special assessments to cover the costs for any public improvements, subject to referendum; (37) Taxes; ad valorem. To levy and provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation; provided, however, that: (A) The millage rate imposed for ad valorem taxes on real property shall not exceed 3.35 unless a higher limit is recommended by resolution of the city council and approved by a majority of the qualified electors of the City of Brookhaven voting on the issue, provided that the amount of millage associated with general obligation bonds shall not count as part of the 3.35 limit since such millage is already subject to approval by the electors of the city in a separate referendum; and (B) For all years, the fair market value of all property subject to taxation shall be determined according to the tax digest of DeKalb County, as provided in Code Section 48-5-352 of the O.C.G.A.; (38) Taxes: other. To levy and collect such other taxes and fees as may be allowed now or in the future by law; (39) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in the amounts to be prescribed by ordinance; to inspect said vehicles and mandate standards of safety and cleanliness; MONDAY, MARCH 26, 2012 3047 and to regulate the parking of such vehicles; (40) Tourism, conventions, and trade shows. To provide for the structure, operation, or management of the Brookhaven Convention and Visitors Bureau created pursuant to Section 1.05 of this charter and to authorize the City of Brookhaven to contract with private sector nonprofit organizations or other governmental agencies to promote tourism, conventions, and trade shows; (41) Urban redevelopment. To organize and operate an urban redevelopment program; and (42) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, or general welfare of the city and its inhabitants; to exercise all implied powers necessary or desirable to carry into execution all powers granted in this charter as fully and completely as if such powers were fully stated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under other laws of the State of Georgia; and any listing of particular powers in this charter shall not be held to be exclusive of others or restrictive of general words and phrases granting powers, but shall be held to be in addition to such powers unless expressly prohibited to municipalities under the Constitution or applicable laws of the State of Georgia. SECTION 1.04. Exercise of powers. All powers, functions, rights, privileges, and immunities of the city, its officers, agencies, or employees shall be carried into execution as provided by this Act. If this charter makes no provision, such shall be carried into execution as provided by ordinance or as provided by pertinent laws of the State of Georgia. SECTION 1.05. Tourism, conventions, and trade shows. The Brookhaven Convention and Visitors Bureau is hereby created. ARTICLE II GOVERNMENT STRUCTURE, ELECTIONS, AND LEGISLATIVE BRANCH SECTION 2.01. City council creation; number; election. (a) The legislative authority of the government of the City of Brookhaven, except as otherwise specifically provided in this charter, shall be vested in a city council of which the mayor shall be a voting member to the extent provided in subsection (a) of Section 2.10 of this charter. 3048 JOURNAL OF THE SENATE (b)(1) The city council of Brookhaven, Georgia shall consist of four members, plus the mayor. (2)(A) For the purposes of electing members of the city council, the City of Brookhaven shall be divided into four council districts, designated Council Districts 1 through 4. Such four districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act as Appendix "B" and further identified as 'Plan: BHccR2-2012 Plan Type: Local Administrator: H080 User: Gina'. (B)(i) For the purposes of such plan: (I) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (II) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (ii) Any part of the City of Brookhaven which is not included in any district described in subparagraph (A) of this paragraph shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iii) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (iv) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district which, on the effective date of this Act is within the corporate boundaries of another municipality, shall not be included within such district. (v) Any part of the City of Brookhaven which is described in subparagraph (A) of this paragraph as being included in a particular district which is not within the corporate boundaries of the City of Brookhaven shall not be included within such district. (C) Following each decennial census, the city council shall revise such districts pursuant to Code Section 36-35-4.1 of the O.C.G.A. to maintain a proper population balance among such districts. (3) One councilmember shall be elected from each of the four council districts. Each person desiring to offer as a candidate for councilmember shall designate the council MONDAY, MARCH 26, 2012 3049 district for which he or she is offering. Councilmembers shall be elected by a majority vote of the qualified electors of the respective council districts voting at the elections of the city. In the event that no candidate for a council district obtains a majority vote of the qualified electors of the council district voting in the election, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election for such council district shall be included in the runoff election. The person receiving the highest number of votes of the qualified electors of the council district voting at such run-off election shall be elected. Each candidate for election to the city council shall reside in the district he or she seeks to represent. (c) With the exception of the initial terms set forth in subsection (d) of this section, councilmembers shall be elected to terms of four years and until their successors are elected and qualified on a staggered basis in alternate election cycles such that every two years two councilmembers are up for election. (d) In order to assure staggered elections of the councilmembers, in the first election of the city council the terms for the candidates elected for Council Districts 2 and 4 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2013, as provided in subsection (b) of Section 2.02 of this charter. The terms for the candidates elected for Council Districts 1 and 3 shall expire upon the administration of the oath of office to their successors elected in the regular elections held in November, 2015, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each councilmember shall be elected at the November election immediately preceding the end of such councilmember's term of office and the term of each councilmember shall expire upon the administration of the oath of office to his or her successor. (e) With the exception of the initial term of office, the mayor of the City of Brookhaven, with the powers and duties specified herein, shall be elected to a term of four years and until his or her successor is elected and qualified. The mayor shall be elected by a majority vote of the qualified electors of the city at large voting at the elections of the city. In the event that no candidate for mayor obtains a majority vote of the qualified electors of the city at large voting at the elections of the city, then a run-off election shall be held. The candidates receiving the two highest numbers of votes in the election shall be included in the run-off election and the candidate receiving the highest number of votes in the runoff of the qualified electors of the city at large voting at such runoff shall be elected. The term of the first elected mayor shall expire upon the administration of the oath of office to his or her successor elected in the regular election held in November, 2015, as provided in subsection (b) of Section 2.02 of this charter. Thereafter, a successor to each mayor shall be elected at the November election immediately preceding the end of such mayor's term of office and the term of each mayor shall expire upon the administration of the oath of office to his or her successor. 3050 JOURNAL OF THE SENATE SECTION 2.02. Mayor and councilmembers; terms and qualifications for office. (a) For all elections subsequent to the first election, the mayor and councilmembers shall serve for terms of four years and until their terms shall expire upon the administration of the oath of office to their successors. No person shall be eligible to serve as mayor or councilmember unless that person shall have been a resident of the City of Brookhaven for a continuous period of at least 12 months immediately prior to the date of the election for mayor or councilmember, shall continue to reside therein during that person's period of service, and shall continue to be registered and qualified to vote in municipal elections of the City of Brookhaven. In addition to the above requirements, no person shall be eligible to serve as a councilmember representing a council district unless that person has been a resident of the district such person seeks to represent for a continuous period of at least six months immediately prior to the date of the election for councilmember and continues to reside in such district during that person's period of service. (b) An election shall be held on the Tuesday after the first Monday in November, 2012, to elect the first mayor and city council. At such election, the first mayor and council shall be elected to serve for the initial terms of office specified in subsections (d) and (e) of Section 2.01 of this charter. Thereafter, the time for holding regular municipal elections shall be on the Tuesday next following the first Monday in November of each odd-numbered year beginning in 2013. (c) The number of consecutive terms an individual may hold a position as a councilmember shall be unlimited. (d) The number of consecutive terms an individual may hold the position of mayor shall be limited to two terms. (e) No person who has been convicted of a felony or a crime of moral turpitude shall be eligible for election or to serve as mayor or councilmember of the City of Brookhaven. (f) No person who was a member of the General Assembly at the time of the enactment of this charter shall be eligible for election or to serve as mayor or councilmember of the City of Brookhaven during the first four years of the city's existence. SECTION 2.03. Vacancy; filling of vacancies; suspensions. (a) Elected officials of the city cannot hold other elective or public offices. The elective offices of the city's government shall become vacant upon the member's death, resignation, forfeiture of office, or removal from office. The following shall result in an elected city official forfeiting his or her office: (1) Violating the provisions of this charter; (2) Being convicted of, or pleading guilty or "no contest" to, a felony or a crime of moral turpitude; or (3) Failing to attend one-third of the regular meetings of the council in a three-month period without being excused by the council. MONDAY, MARCH 26, 2012 3051 (b) The office of mayor shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of mayor shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the city council or those members remaining shall appoint a successor for the remainder of the term. This provision shall also apply to a temporary vacancy created by the suspension from office of the mayor. (c) The office of a councilmember shall become vacant upon the incumbent's death, resignation, forfeiture of office, or removal from office in any manner authorized by this charter or the general laws of the State of Georgia. A vacancy in the office of a councilmember shall be filled for the remainder of the unexpired term by a special election if such vacancy occurs 12 months or more prior to the expiration of the term of that office. If such vacancy occurs within 12 months of the expiration of the term of that office, the mayor shall appoint a successor for the remainder of the term subject to the approval of the city council or those members remaining. This provision shall also apply to a temporary vacancy created by the suspension from office of a councilmember. SECTION 2.04. Nonpartisan elections. Political parties shall not conduct primaries for city offices and all names of candidates for city offices shall be listed without party designation. SECTION 2.05. Election votes. The candidate for mayor who receives a majority vote of the qualified electors of the city at large voting at the elections of the city shall be elected. The candidates for Council Districts 1, 2, 3, and 4 who receive a majority vote of the qualified electors of Council Districts 1, 2, 3, and 4, respectively, voting at the elections of the city shall be elected. SECTION 2.06. Applicability of general laws; qualifying; other provisions. All elections shall be held and conducted in accordance with Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. Except as otherwise provided by this charter, the city council shall, by ordinance or resolution, prescribe such rules and regulations as it deems appropriate, including but not limited to the establishment of qualifying fees, to fulfill any options and duties under Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code," as now or hereafter amended or otherwise provided by law. 3052 JOURNAL OF THE SENATE SECTION 2.07. Compensation and expenses. The annual salary of the mayor shall be $16,000.00 and the annual salary for each councilmember shall be $12,000.00. Such salaries shall be paid from municipal funds in monthly installments. The mayor shall be provided an annual expense allowance of $5,000.00 and each councilmember shall be provided an annual expense allowance of $3,000.00 for the reimbursement of expenses actually and necessarily incurred by the mayor and councilmembers in carrying out their duties as elected officials of the city. SECTION 2.08. Inquiries and investigations. The city council may make inquiries and investigations into the affairs of the city and conduct of any department, office, or agency thereof and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the city council shall be punished as may be provided by ordinance. SECTION 2.09. Meetings, oath of office, and mayor pro tempore. (a) The city council shall meet on the first working day in January immediately following each regular municipal election. The meeting shall be called to order by the mayor-elect and the oath of office shall be administered to the newly elected mayor and councilmembers collectively by a judicial officer authorized to administer oaths. The oath shall, to the extent that it comports with federal and state law, be as follows: "I do solemnly swear (or affirm) that I will faithfully execute the office of [councilmember or mayor, as the case may be] of the City of Brookhaven, and will to the best of my ability support and defend the Constitution of the United States, the Constitution of Georgia, and the charter, ordinances, and regulations of the City of Brookhaven. I am not the holder of any unaccounted for public money due this state or any political subdivision or authority thereof. I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I by the laws of the State of Georgia am prohibited from holding. I am otherwise qualified to hold said office according to the Constitution and laws of Georgia. I have been a resident of my district and the City of Brookhaven for the time required by the Constitution and laws of this state and by the municipal charter. I will perform the duties of my office in the best interests of the City of Brookhaven to the best of my ability without fear, favor, affection, reward, or expectation thereof." (b) Following the induction of the mayor and councilmembers, the city council, by a majority vote of the councilmembers, shall elect a councilmember to be mayor pro tempore, who shall serve for a term of two years and until a successor is elected and MONDAY, MARCH 26, 2012 3053 qualified. The number of successive terms an individual may hold a position as mayor pro tempore shall be unlimited. (c) The mayor pro tempore shall assume the duties and powers of the mayor during the mayor's temporary disability, suspension, or absence. If the mayor pro tempore is absent because of sickness or disqualification, any one of the remaining councilmembers, chosen by the councilmembers present, shall be clothed with all the rights and privileges of the mayor as described herein and shall perform the mayor's duties in the same manner as the mayor pro tempore. (d) The city council shall, at least once a month, hold regular meetings at such times and places as prescribed by ordinance. The city council may recess any regular meeting and continue such meeting on any day or hour it may fix and may transact any business at such continued meeting as may be transacted at any regular meeting. (e) Special meetings of the city council may be held on the call of either the mayor and one councilmember or three councilmembers. Notice of such special meetings shall be delivered to all councilmembers, the mayor, and the city manager personally, by registered mail, or by electronic means at least 24 hours in advance of the meeting. Such notice shall not be required if the mayor, all councilmembers, and city manager are present when the special meeting is called. Such notice of any special meeting may be waived by the mayor, a councilmember, or the city manager in writing before or after such a meeting and attendance at the meeting shall also constitute a waiver of notice. The notice of such special meeting shall state what business is to be transacted at the special meeting. Only the business stated in the call may be transacted at the special meeting. SECTION 2.10. Quorum; voting. (a) Three councilmembers shall constitute a quorum and shall be authorized to transact business for the city council. Voting on the adoption of ordinances shall be taken by voice vote and the yeas and nays shall be recorded in the minutes, but on the request of any member, there shall be a roll-call vote. In order for any ordinance, resolution, motion, or other action of the city council to be adopted, the measure must receive at least three affirmative votes. No member of the city council shall abstain from voting on any matter properly brought before the city council for official action except when such councilmember has a conflict of interest which is disclosed in writing prior to or at the meeting and made a part of the minutes. Any member of the city council present and eligible to vote on a matter and refusing to do so for any reason, other than a properly disclosed and recorded conflict of interest, shall be deemed to have acquiesced or concurred with the members of the majority who did vote on the question involved. The mayor shall vote only in the case of a tie or in the case where his or her vote will provide the number of votes necessary for approval of a matter. (b) The following types of actions require an ordinance in order to have the force of law: (1) Adopting or amending an administrative code or establishing, altering or 3054 JOURNAL OF THE SENATE abolishing a department, office not specified in this charter, or agency; (2) Providing a fine or other penalty; (3) Levying taxes; (4) Granting, renewing, or extending a franchise; (5) Regulating a rate for a public utility; (6) Authorizing the borrowing of money; (7) Conveying, leasing, or encumbering city land; (8) Regulating land use and development; and (9) Amending or repealing an ordinance already adopted. (c) The city council shall establish by ordinance procedures for convening emergency meetings. In an emergency, an ordinance may be passed without notice or hearings if the city council passes the ordinance by three-fourths' vote; provided, however, that the city council cannot in an emergency meeting: (1) Levy taxes; (2) Grant, renew, or extend a franchise; (3) Regulate a rate for a public utility; or (4) Borrow money. SECTION 2.11. General power and authority of the city council. (a) Except as otherwise provided by law or by this charter, the city council shall be vested with all the powers of government of the City of Brookhaven as provided by Article I of this charter. (b) In addition to all other powers conferred upon it by law, the city council shall have the authority to adopt and provide for the execution of such ordinances, resolutions, rules, and regulations, not inconsistent with this charter and the Constitution and the laws of the State of Georgia, which it shall deem necessary, expedient, or helpful for the peace, good order, protection of life and property, health, welfare, sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of the City of Brookhaven and may enforce such ordinances by imposing penalties for violation thereof. SECTION 2.12. Administrative and service departments. (a) Except for the office of city manager and the elected positions provided for in this charter, the city council, by ordinance, may establish, abolish, merge, or consolidate offices not specified in this charter, positions of employment, departments, and agencies of the city as it shall deem necessary for the proper administration of the affairs and government of the city. The city council shall prescribe the functions and duties of existing departments, offices, and agencies or of any departments, offices, and agencies hereinafter created or established; may provide that the same person shall fill any number of offices and positions of employment; and may transfer or change the functions and MONDAY, MARCH 26, 2012 3055 duties of offices, positions of employment, departments, and agencies of the city. (b) The operations and responsibilities of each department now or hereafter established in the city shall be distributed among such divisions or bureaus as may be provided by ordinance of the city council. Each department shall consist of such officers, employees, and positions as may be provided by this charter or by ordinance and shall be subject to the general supervision and guidance of the mayor and city council. SECTION 2.13. Prohibitions. (a) No elected official, appointed officer, or employee of the city or any agency or political entity to which this charter applies shall knowingly: (1) Engage in any business or transaction or have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of official duties or which would tend to impair the independence of his or her judgment or action in the performance of official duties; (2) Engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair the independence of his or her judgment or action in the performance of official duties; (3) Disclose confidential information concerning the property, government, or affairs of the governmental body by which engaged without proper legal authorization or use such information to advance the financial or other private interest of himself or herself or others, except as required by law; (4) Accept any valuable gift, whether in the form of service, loan, object, or promise, from any person, firm, or corporation which to his or her knowledge is interested, directly or indirectly, in any manner whatsoever in business dealings with the governmental body by which he or she is engaged. "Valuable" shall be an amount determined by the city council; provided, however, that the amount shall not exceed $100.00; (5) Represent other private interests in any action or proceeding against this city or any portion of its government; or (6) Vote or otherwise participate in the negotiation or in the making of any contract with any business or entity in which he or she, or members of his or her immediate family, has a financial interest. (b) Any elected official, appointed officer, or employee who has any private financial interest, directly or indirectly, in any contract or matter pending before or within any department of the city shall disclose such private interest to the city council. "Private financial interest" shall include interests of immediate family. The mayor or any councilmember who has a private interest in any matter pending before the city council shall disclose in writing such private interest and such disclosure shall be entered on the records of the city council, and he or she shall disqualify himself or herself from participating in any decision or vote relating thereto. Any elected official, appointed 3056 JOURNAL OF THE SENATE officer, or employee of any agency or political entity to which this charter applies who shall have any private financial interest, directly or indirectly, in any contract or matter pending before or within such entity shall disclose such private interest to the governing body of such agency or entity. (c) No elected official, appointed officer, or employee of the city or any agency or entity to which this charter applies shall use property owned by such governmental entity for personal benefit, convenience, or profit, except in accordance with policies promulgated by the city council or the governing body of such agency or entity. (d) Any violation of this section which occurs with the knowledge, express or implied, of a party to a contract or sale shall render said contract or sale voidable at the option of the city council. (e) Except as authorized by law, no member of the city council shall hold any other elective city office or be employed by any city or county government during the term for which elected. SECTION 2.14. Boards, commissions, and authorities. (a) All members of boards, commissions, and authorities of the city shall be appointed by the mayor subject to confirmation by the city council for such terms of office and such manner of appointment as provided by ordinance, except where other appointing authority, term of office, or manner of appointment is prescribed by this charter or by applicable state law. (b) No member of any board, commission, or authority of the city shall hold any elective office in the city. Councilmembers and the mayor, however, may serve as ex officio members of such boards, commissions, or authorities, without a vote. (c) Any vacancy in office of any member of a board, commission, or authority of the city shall be filled for the unexpired term in the manner prescribed for original appointment, except as otherwise provided by this charter or any applicable law of the State of Georgia. (d) No member of any board, commission, or authority shall assume office until he or she shall have executed and filed with the designated officer of the city an oath obligating himself or herself to faithfully and impartially perform the duties of his or her office, such oath to be prescribed by ordinance of the city council and administered by the mayor or a judicial officer authorized to administer oaths. (e) Any member of a board, commission, or authority may be removed from office for cause by a vote of a majority of the councilmembers in accordance with state laws. (f) Members of boards, commissions, and authorities may receive such compensation and expenses in the performance of their official duties as prescribed by ordinance. (g) Except as otherwise provided by this charter or by applicable state law, each board, commission, or authority of the city government shall elect one of its members as chairperson and one member as vice chairperson for terms of one year and may elect as its secretary one of its own members or may appoint as secretary an employee of the city. MONDAY, MARCH 26, 2012 3057 Each board, commission, or authority of the city government may establish such bylaws, rules, and regulations not inconsistent with this charter, ordinances of the city, or applicable state law as it deems appropriate and necessary for the conduct of its affairs, copies of which shall be filed with the designated officer of the city. SECTION 2.15. Ordinance form; procedures. (a) Every proposed ordinance and resolution shall be introduced in writing and the city council shall have the authority to approve, disapprove, or amend the same. A resolution may be passed at the time it is offered, but an ordinance shall not be adopted until the title of said ordinance shall have been read at two city council meetings, provided that the beginnings of said meetings are not less than 24 hours nor more than 60 days apart. This requirement of two readings shall not apply to emergency ordinances, to ordinances passed during the first 90 days from the date on which the city begins operation, to ordinances adopted at the first business meeting of the city council in a calendar year, or to ordinances adopted at the first meeting of the initial city council elected under subsection (b) of Section 2.02 of this charter. The catchlines of sections of this charter or any ordinance printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section, and: (1) Shall not be deemed or taken to be titles of such sections or as any part of the section; and (2) Shall not be so deemed when any of such sections, including the catchlines, are amended or reenacted unless expressly provided to the contrary. Furthermore, the article and section headings contained in this charter shall not be deemed to govern, limit, or modify or in any manner affect the scope, meaning, or intent of the provisions of any article or section hereof. (d) The city council may, by ordinance or resolution, adopt rules and bylaws to govern the conduct of its business, including procedures and penalties for compelling the attendance of absent councilmembers. Such rules may include punishment for contemptuous behavior conducted in the presence of the city council. SECTION 2.16. Submission of ordinances to the city clerk. (a) Every ordinance, resolution, and other action adopted by the city council shall be presented to the city clerk within 15 days of its adoption or approval. The city clerk shall record upon the ordinance the date of its delivery from the city council. (b) An ordinance or resolution that has been passed by the city council shall become effective on the date the ordinance is passed by the city council or on such other date as may be specified in the ordinance. 3058 JOURNAL OF THE SENATE ARTICLE III EXECUTIVE BRANCH SECTION 3.01. Powers and duties of the mayor. (a) The mayor shall: (1) Preside over all meetings of the city council; (2) Set the agenda for meetings of the city council; provided, however, that additional items shall be added to the agenda upon the written request of any two or more members of the city council; (3) Serve as the ceremonial head of the city and as its official representative to federal, state, and local governmental bodies and officials; (4) Sign all orders, checks, and warrants for payment of money within a level of authorization as established by the city council; (5) Execute all contracts, deeds, and other obligations of the city within a level of authorization as established by the city council; (6) Vote in matters before the city council to the extent provided in subsection (a) of Section 2.10 of this charter; (7) Make all appointments of city officers as provided by this charter, subject to confirmation by the city council; (8) Serve in a part-time capacity and be compensated accordingly; and (9) Perform any other duties and exercise any other powers required by state or federal law or authorized by a duly adopted ordinance that is not in conflict with this charter. (b) The mayor shall have the authority to transfer appropriations within a department, fund, service, strategy, or organizational unit but only with approval of the city council. (c) The mayor shall have the authority to certify that a supplemental appropriation is possible due to unexpected revenue increases but only with approval of the city council. (d) The mayor shall have all of the powers specifically granted to the mayor elsewhere in this charter regardless of whether such powers are enumerated in this section. SECTION 3.02. City manager; appointment and qualification. The mayor shall appoint, subject to confirmation by the city council, an officer whose title shall be the city manager. The city manager shall be appointed without regard to political beliefs and solely on the basis of his or her education and experience in the accepted competencies and practices of local government management. SECTION 3.03. City manager; chief administrative officer. The city manager shall be the chief administrative officer of the government of the city. The city manager must devote all of his or her working time and attention to the affairs of MONDAY, MARCH 26, 2012 3059 the city and shall be responsible to the mayor and city council for the proper and efficient administration of the affairs of the city over which said officer has jurisdiction. SECTION 3.04. City manager; powers and duties enumerated. The city manager shall have the power and it shall be his or her duty to: (1) See that all laws and ordinances are enforced; (2) Appoint and employ all necessary employees of the city, provided that the power of this appointment shall not include officers and employees who by this charter are appointed or elected by the mayor and the city council or departments not under the jurisdiction of the city manager; (3) Remove employees appointed and employed under paragraph (2) of this section without the consent of the city council and without assigning any reason therefor; (4) Exercise supervision and control of all departments and all divisions created in this charter or that may hereafter be created by the city council except as otherwise provided in this charter; (5) Attend all meetings of the city council, without a right to vote, but with a right to take part in the discussions as seen fit by the chair; provided, however, that regardless of the decision of the meeting chair, the city manager may take part in any discussion and report on any matter requested and approved by the city council at such meeting. The city manager shall be entitled to notice of all special meetings; (6) Recommend to the city council, after prior review and comment by the mayor, for adoption of such measures as the city manager may deem necessary or expedient; (7) See that all terms and conditions imposed in favor of the city or its inhabitants in any public utility franchise are faithfully kept and performed and upon knowledge of any violation thereof to call the same to the attention of the city attorney, whose duty it shall be forthwith to take such steps as are necessary to protect and enforce the same; (8) Make and execute all lawful contracts on behalf of the city as to matters within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no contract purchase or obligation requiring a budget amendment shall be valid and binding until after approval of the city council; (9) Sign all orders, checks, and warrants for payment of money within the city manager's level of authorization as established by the city council to the extent that such contracts are funded in the city's budget, except such as may be otherwise provided by law; provided, however, that no such order, check, or warrant requiring a budget amendment shall be valid and binding until after approval of the city council; (10) Act as budget officer to prepare and submit to the city council, after review and comment by the mayor, prior to the beginning of each fiscal year a budget of proposed expenditures for the ensuing year, showing in as much detail as practicable 3060 JOURNAL OF THE SENATE the amounts allotted to each department of the city government and the reasons for such estimated expenditures; (11) Keep the city council at all times fully advised as to the financial condition and needs of the city; (12) Make a full written report to the city council on the fifteenth of each month showing the operations and expenditures of each department of the city government for the preceding month, and a synopsis of such reports shall be published by the city clerk; (13) Fix all salaries and compensation of city employees in accordance with the city budget and the city pay and classification plan; and (14) Perform such other duties as may be prescribed by this charter or required by ordinance or resolution of the city council. SECTION 3.05. City council interference with administration. Except for the purpose of inquiries and investigations under Section 2.08 of this charter, the mayor or city council or its members shall deal with city officers and employees who are subject to the direction or supervision of the city manager solely through the city manager, and neither the mayor, the city council, nor its members shall give orders to any such officer or employee, either publicly or privately. SECTION 3.06. City manager; removal. (a) The mayor and city council may suspend the city manager from office by a vote at least three members. The mayor and city council, by a vote of at least three members, may remove the city manager from office at a subsequent meeting of the city council held on a different day following the suspension of the city manager. The mayor shall be permitted to vote on the suspension and removal of the city manager notwithstanding the provisions of subsection (a) of Section 2.10 of this charter. This provision may be supplemented, but not supplanted, by an employment contract of the city manager which provides for additional procedures for suspension or removal from office. (b) The city manager shall continue to receive his or her salary until the effective date of a final resolution of his or her removal. The action of the city council in suspending or removing the city manager shall not be subject to review by any court or agency. (c) If the city manager is suspended in accordance with subsection (a) of this section or becomes disabled and is unable to carry out the duties of the office or if the city manager dies, the acting city manager shall perform the duties of the city manager until the city manager's disability is removed or until the city manager is replaced. Removal of the city manager because of disability shall be carried out in accordance with the provisions of subsection (a) of this section. MONDAY, MARCH 26, 2012 3061 SECTION 3.07. Acting city manager. (a) The mayor with the approval of the city council may appoint any person to exercise all powers, duties, and functions of the city manager during the city manager's suspension under subsection (a) of Section 3.06, temporary absence from the city, or during the city manager's disability. (b) In the event of a vacancy in the office of city manager, the mayor may designate with the approval of the city council a person as acting city manager, who shall exercise all powers, duties, and functions of the city manager until a city manager is appointed. SECTION 3.08. City attorney. The mayor shall appoint the city attorney together with such assistant city attorneys as may be deemed appropriate subject to confirmation by the city council and shall provide for the payment of such attorney for services rendered to the city. The rates or salary paid to any city attorney or assistant city attorney shall be approved in advance by the city council. The city attorney shall be responsible for representing and defending the city in all litigation in which the city is a party; may be the prosecuting officer in the municipal court; shall attend the meetings of the city council as directed; shall advise the city council, mayor, other officers, and employees of the city concerning legal aspects of the city's affairs; and shall perform such other duties as may be required by virtue of his or her position as city attorney. The city attorney shall review all contracts of the city but shall not have the power to bind the city. No person who was a member of the General Assembly at the time of the enactment of this charter shall be eligible to serve as city attorney during the first four years of the city's existence. SECTION 3.09. City clerk. The mayor may appoint a city clerk subject to confirmation by the city council to keep a journal of the proceedings of the city council; to maintain in a safe place all records and documents pertaining to the affairs of the city; and to perform such duties as may be required by law or ordinance or as the mayor or city manager may direct. SECTION 3.10. City accountant. The mayor may appoint a city accountant subject to confirmation by the city council to perform the duties of an accountant. The city accountant shall also act as tax collector to collect all taxes, licenses, fees, and other moneys belonging to the city subject to the provisions of this charter and the ordinances of the city; and such tax collector shall 3062 JOURNAL OF THE SENATE diligently comply with and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by municipalities. SECTION 3.11. City internal auditor. The city council shall appoint an internal auditor to audit the financial records and expenditures of city funds and to report the results of such audits in writing to the city council at times and intervals set by the city council but no less than quarterly. Such audit reports shall, at a minimum, identify all city expenditures and other financial matters that the internal auditor either determines are not in compliance with or cannot conclusively be determined to be in compliance with the provisions of this charter, the applicable city budget, and applicable ordinances, resolutions, or other actions duly adopted or approved under the provisions of this charter. SECTION 3.12. Consolidation of functions. The city manager, with the approval of the city council, may consolidate the positions of city clerk and city accountant, or any other positions, or may assign the functions of any one or more of such positions to the holder or holders of any other positions. The city manager may also, with the approval of the city council, perform all or any part of the functions of any of the positions or offices in lieu of the appointment of other persons to perform the same. SECTION 3.13. Position classification and pay plans; employment at will. The city manager shall be responsible for the preparation of a position classification and a pay plan which shall be submitted to the city council for adoption. Said plan may apply to all employees of the City of Brookhaven and any of its agencies and offices. When a pay plan has been adopted by the city council, neither the city council nor the city manager shall increase or decrease the salaries of individual employees except in conformity with such pay plan or pursuant to an amendment of said pay plan duly adopted by the city council. Except as otherwise provided in this charter, all employees of the city shall be subject to removal or discharge, with or without cause, at any time. ARTICLE IV MUNICIPAL COURT SECTION 4.01. Creation. There is established a court to be known as the Municipal Court of the City of Brookhaven which shall have jurisdiction and authority to try offenses against the laws MONDAY, MARCH 26, 2012 3063 and ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law, including ordinances of the city; to punish witnesses for nonattendance and to punish also any person who may counsel or advise, aid, encourage, or persuade another whose testimony is desired or material in any proceeding before said court to go or move beyond the reach of the process of the court; to try all offenses within the territorial limits of the city constituting traffic cases which, under the laws of Georgia, are placed within the jurisdiction of municipal courts to the extent of, and in accordance with, the provisions of such laws and all laws subsequently enacted amendatory thereof. Said court shall be presided over by the judge of said court. In the absence or disqualification of the judge, the judge pro tempore shall preside and shall exercise the same powers and duties as the judge when so acting. SECTION 4.02. Judge. (a) No person shall be qualified or eligible to serve as judge unless he or she shall have attained the age of 28 years and shall have been a member of the State Bar of Georgia for a minimum of three years. The judge shall be nominated by the mayor subject to approval by the city council. The compensation and number of the judges shall be fixed by the city council. (b) The judge pro tempore shall serve as requested by the judge, shall have the same qualifications as the judge, shall be nominated by the mayor subject to approval of the city council, and shall take the same oath as the judge. (c) Before entering on duties of his or her office, the judge and judge pro tempore shall take an oath before an officer duly authorized to administer oaths in this state declaring that he or she will truly, honestly, and faithfully discharge the duties of his or her office to the best of his or her ability without fear, favor, or partiality. The oath shall be entered upon the minutes of the city council. (d) The judge, or judge pro tempore, shall serve for a term of two years but may be removed from the position by a two-thirds' vote of the entire membership of the mayor and city council, notwithstanding the provisions of subsection (a) of Section 2.10 of this charter, or shall be removed upon action taken by the Judicial Qualifications Commission for: (1) Willful misconduct in office; (2) Willful and persistent failure to perform duties; (3) Habitual intemperance; (4) Conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or (5) Disability seriously interfering with the performance of duties which is, or is likely to become, of a permanent character. 3064 JOURNAL OF THE SENATE SECTION 4.03. Convening. The municipal court shall be convened at such times as designated by ordinance or at such times as deemed necessary by the judge to keep current the dockets thereof. SECTION 4.04. Jurisdiction; powers. (a) The municipal court shall try and punish for crimes against the City of Brookhaven and for violation of its ordinances. The municipal court may fix punishment for offenses within its jurisdiction to the fullest extent allowed by state law. (b) The municipal court shall have authority to recommend to the city council for approval a schedule of fees to defray the cost of operation. (c) The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court and shall have discretionary authority to accept cash or personal or real property as security for appearances of persons charged with violations. Whenever any person shall give bail for his or her appearance and shall fail to appear at the time fixed for trial, the bond shall be forfeited to the judge presiding at such time and an execution issued thereon by serving the defendant and his or her sureties with a rule nisi at least two days before a hearing on the rule nisi. In the event that cash or property is accepted in lieu of bond for security for the appearance of a defendant at trial, and if such defendant fails to appear at the time and place fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the City of Brookhaven, or the property so deposited shall have a lien against it for the value forfeited. (d) The municipal court shall have the authority to bind prisoners over to the appropriate court when it appears, by probable cause, that a state law has been violated. (e) The municipal court shall have the authority to administer oaths and to perform all other acts necessary or proper to the conduct of said court. (f) The municipal court may compel the presence of all parties necessary to a proper disposal of each case by the issuance of summonses, subpoenas, and warrants which may be served as executed by any officer as authorized by this charter or by state law. (g) The municipal court is specifically vested with all of the judicial jurisdiction and judicial powers throughout the entire area of the City of Brookhaven granted by state laws generally to municipal courts and particularly by such laws as authorize the abatement of nuisances. SECTION 4.05. Certiorari. The right of certiorari from the decision and judgment of the municipal court shall exist in all criminal cases and ordinance violation cases, and such certiorari shall be obtained MONDAY, MARCH 26, 2012 3065 under the sanction of a judge of the Superior Court of DeKalb County under the laws of the State of Georgia regulating the granting and issuance of writs of certiorari. SECTION 4.06. Rules for court. With the approval of the city council, the judge 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. ARTICLE V FINANCE AND FISCAL SECTION 5.01. Fiscal year. The city council shall set the fiscal year by ordinance. Said fiscal year shall constitute the budget year and the year for financial accounting and reporting of each and every office, department, or institution, agency, and activity of the city government, unless otherwise provided by state or federal law. SECTION 5.02. Preparation of budgets. The city council shall provide, by ordinance, the procedures and requirements for the preparation and execution of an annual operating budget and a capital budget, including requirements as to the scope, content, and form of such budgets and programs. SECTION 5.03. Submission of operating budget to city council. (a) On or before a date fixed by the city council, but no later than 45 days prior to the end of the current fiscal year, the city manager shall, after input, review, and comment by the mayor, submit to the city council a proposed operating budget and capital budget for the ensuing fiscal year. The budget shall be accompanied by a message from the mayor and city manager containing a statement of the general fiscal policies of the city, the important features of the budget, explanations of major changes recommended for the next fiscal year, a general summary of the budget, and such other comments and information as they may deem pertinent. The operating budget, capital budget, budget message, and all supporting documents shall be filed in the office of the city manager and shall be open to public inspection. (b) In each year of the city's operation, the city manager and mayor shall present to the city council a budget which is balanced in projected spending and revenues. (c) Prior to passage of the budget, the city council shall hold a special public hearing at 3066 JOURNAL OF THE SENATE which the budget will be presented and public comment on the budget will be solicited. The date, time, and place of the special public hearing shall be announced no less than 30 days prior to the scheduled date for such hearing. (d) All unencumbered balances of appropriations in the current operating budget at the end of the fiscal year shall lapse into the unappropriated surplus or reserves of the fund or funds from which such appropriations were made. When a supplemental appropriation is certified by the mayor to exist pursuant to subsection (c) of Section 3.01 of this charter, these appropriations can be spent during the current fiscal year following passage of a supplemental appropriation ordinance. SECTION 5.04. Action by city council on budget. (a) The city council may amend the operating budget or capital budget proposed by the city manager in accordance with subsection (a) of Section 5.03 of this charter except that the budget, as finally amended and adopted, must provide for all expenditures required by law or by other provisions of this charter and for all debt service requirements for the ensuing fiscal year; and the total appropriations from any fund shall not exceed the estimated fund balance, reserves, and revenues constituting the fund availability of such fund. (b) The city council shall adopt a budget on or before the last day of the current fiscal year. If the city council fails to adopt the budget by the prescribed deadline, the operating budget and capital budget proposed by the mayor and city manager shall be adopted without further action by the city council. SECTION 5.05. Procurement and property management. No contract with the city shall be binding on the city unless it is in writing. The city council may adopt procedures for the authorization of certain contracts without city attorney review or city council approval. Absent the foregoing, no contract with the city shall be binding on the city unless: (1) It is drawn or submitted and reviewed by the city attorney and, as a matter of course, is signed by the city attorney to indicate such drafting or review; and (2) It is made or authorized by the city council and such approval is entered in the city council journal of proceedings. SECTION 5.06. Purchasing. The city council shall by ordinance prescribe procedures for a system of centralized purchasing for the city in accordance with recognized public purchasing standards and with the requirements of state law. MONDAY, MARCH 26, 2012 3067 SECTION 5.07. Audits. (a) There shall be an annual independent audit of all city accounts, funds, and financial transactions by a certified public accountant selected by the city council. The audit shall be conducted according to generally accepted accounting principles, general audit standards, and state law. Copies of all audit reports shall be available at printing cost to the public. (b) As a minimum, all audits and budgets of the city shall satisfy the requirements of Chapter 81 of Title 36 of the O.C.G.A., relating to local government audits and budgets. SECTION 5.08. Homestead exemption; freeze. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all municipal ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Base year" means the taxable year immediately preceding the taxable year in which the exemption under this section is first granted to the most recent owner of such homestead. (3) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended, with the additional qualification that it shall include not more than five contiguous acres of homestead property. (b) Each resident of the City of Brookhaven is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in an amount equal to the amount by which the current year assessed value of that homestead exceeds the base year assessed value of that homestead. This exemption shall not apply to taxes assessed on improvements to the homestead or additional land that is added to the homestead after January 1 of the base year. If any real property is added to or removed from the homestead, the base year assessed value shall be adjusted to reflect such addition or removal, and the exemption shall be recalculated accordingly. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Brookhaven, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Brookhaven, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 3068 JOURNAL OF THE SENATE of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year, and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013. SECTION 5.09. Homestead exemption; senior citizens; disabled. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Income" means Georgia taxable net income determined pursuant to Chapter 7 of Title 48 of the O.C.G.A., as amended, for state income tax purposes, except income shall not include income received as retirement, survivor, or disability benefits under the federal Social Security Act or under any other public or private retirement, disability, or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and such individual's spouse under the federal Social Security Act. Income from such sources in excess of such maximum amount shall be included as income for the purposes of this Act. (4) "Senior citizen" means a person who is 65 years of age or over on or before January 1 of the year in which application for the exemption under subsection (b) of this section is made. (b) Each resident of the City of Brookhaven who is disabled or is a senior citizen is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in the amount of $14,000.00 of the assessed value of that homestead. The exemption granted by this subsection shall only be granted if that person's income, together with the income of the spouse who also occupies and resides at MONDAY, MARCH 26, 2012 3069 such homestead does not exceed $15,000.00 for the immediately preceding year. The value of that property in excess of such exempted amount shall remain subject to taxation. (c)(1) In order to qualify for the exemption provided for in subsection (b) of this section as being disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Chapter 34 of Title 43 of the O.C.G.A., as amended, certifying that in the opinion of such physician or physicians such person is mentally or physically incapacitated to the extent that such person is unable to be gainfully employed and that such incapacity is likely to be permanent. Such certificate or certificates shall constitute part of and be submitted with the application provided for in paragraph (2) of this subsection. (2) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Brookhaven, or the designee thereof, giving the person's age, income, and such additional information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Brookhaven, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013. SECTION 5.10. Homestead exemption; general. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for 3070 JOURNAL OF THE SENATE municipal purposes levied by, for, or on behalf of the City of Brookhaven, including, but not limited to, any ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (b) Each resident of the City of Brookhaven is granted an exemption on that person's homestead from City of Brookhaven ad valorem taxes for municipal purposes in the amount of $20,000.00 of the assessed value of that homestead. The value of that property in excess of such exempted amount shall remain subject to taxation. (c) A person shall not receive the homestead exemption granted by subsection (b) of this section unless the person or person's agent files an application with the governing authority of the City of Brookhaven, or the designee thereof, giving such information relative to receiving such exemption as will enable the governing authority of the City of Brookhaven, or the designee thereof, to make a determination regarding the initial and continuing eligibility of such owner for such exemption. The governing authority of the City of Brookhaven, or the designee thereof, shall provide application forms for this purpose. (d) The exemption shall be claimed and returned as provided in Code Section 48-5-50.1 of the O.C.G.A., as amended. The exemption shall be automatically renewed from year to year so long as the owner occupies the residence as a homestead. After a person has filed the proper application, as provided in subsection (c) of this section, it shall not be necessary to make application thereafter for any year and the exemption shall continue to be allowed to such person. It shall be the duty of any person granted the homestead exemption under subsection (b) of this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for that exemption. (e) The exemption granted by subsection (b) of this section shall not apply to or affect state ad valorem taxes, county ad valorem taxes for county purposes, or county or independent school district ad valorem taxes for educational purposes. The homestead exemption granted by subsection (b) of this section shall be in addition to and not in lieu of any other homestead exemption applicable to municipal ad valorem taxes for municipal purposes. (f) The exemption granted by subsection (b) of this section shall apply to all taxable years beginning on or after January 1, 2013. SECTION 5.11. Homestead exemption; surviving spouses. (a) As used in this section, the term: (1) "Ad valorem taxes for municipal purposes" means all ad valorem taxes for municipal purposes levied by, for, or on behalf of the City of Brookhaven, including, but not limited to, ad valorem taxes to pay interest on and to retire municipal bonded indebtedness. MONDAY, MARCH 26, 2012 3071 (2) "Homestead" means homestead as defined and qualified in Code Section 48-5-40 of the O.C.G.A., as amended. (3) "Unremarried surviving spouse" of a member of the armed forces includes the unmarried widow or widower of a member of the armed forces who is receiving spousal benefits from the United States Department of Veterans Affairs. (b) Any person who is a resident of the City of Brookhaven and who is an unremarried surviving spouse of a member of the armed forces of the United States who has been killed in or has died as a result of any war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, shall be granted a homestead exemption from all City of Brookhaven ad valorem taxation for municipal purposes in the amount of the greater of $32,500.00 or the maximum amount which may be granted to a disabled veteran under Section 2102 of Title 38 of the United States Code, as amended. The exemption shall be on the homestead which the unremarried surviving spouse owns and actually occupies as a residence and homestead. In the event such surviving spouse remarries, such person shall cease to be qualified to continue the exemption under this section effective December 31 of the taxable year in which such person remarries. The value of all property in excess of such exemption granted to such unremarried surviving spouse shall remain subject to taxation. (c) In order to qualify for the exemption provided for in this section, the unremarried surviving spouse shall furnish to the governing authority of the City of Brookhaven, or the designee thereof, documents from the United States Secretary of Defense evidencing that such unremarried surviving spouse receives spousal benefits as a result of the death of such person's spouse who as a member of the armed forces of the United States was killed or died as a result of a war or armed conflict while on active duty or while performing authorized travel to or from active duty during such war or armed conflict in which the armed forces of the United States engaged, whether under United States command or otherwise, pursuant to the Survivor Benefit Plan under Subchapter II of Chapter 73 of Title 10 of the United States Code or pursuant to any preceding or subsequent federal law which provides survivor benefits for spouses of members of the armed forces who were killed or who died as a result of any war or armed conflict. (d) An unremarried surviving spouse filing for the exemption under this section shall be required to file with the governing authority of the City of Brookhaven, or the designee thereof, information relative to marital status and other such information which the governing authority of the City of Brookhaven, or the designee thereof, deems necessary to determine eligibility for the exemption. Each unremarried surviving spouse shall file for the exemption only once with the governing authority of the City of Brookhaven, or the designee thereof. Once filed, the exemption shall automatically be renewed from year to year, except that the governing authority of the City of Brookhaven, or the designee thereof, may require annually that the holder of an exemption substantiate his or her continuing eligibility for the exemption. It shall be the duty of any person granted the homestead exemption under this section to notify the governing authority of the City of Brookhaven, or the designee thereof, in the event that person for any reason becomes ineligible for such exemption. 3072 JOURNAL OF THE SENATE (e) The exemption granted by this section shall be in lieu of and not in addition to any other exemption from ad valorem taxation for municipal purposes which is equal to or lower in amount than such exemption granted by this section. If the amount of any other exemption from ad valorem taxation for municipal purposes applicable to any resident qualifying under this section is greater than or is increased to an amount greater than the amount of the applicable exemption granted by this section, such other exemption shall apply and shall be in lieu of and not in addition to the exemption granted by this section. (f) The exemptions granted by this section shall apply to all tax years beginning on or after January 1, 2013. ARTICLE VI GENERAL PROVISIONS. SECTION 6.01. DeKalb County Special Services Tax District. For the taxable years beginning on or after January 1, 2013, the adjusted ad valorem tax millage rate and amount for service charges or fees for district services for the Brookhaven special services tax district shall be zero percent. This section is enacted pursuant to the authority granted to the General Assembly under Section 1 of that local constitutional amendment providing that certain municipalities in DeKalb County shall constitute special services tax districts, Resolution Act. No. 168; House Resolution No. 715-1916; Ga. L. 1978, p. 2468, to control the subject matter of such local constitutional amendment. Municipal services provided by DeKalb County for the City of Brookhaven will be established through intergovernmental agreements or established as otherwise authorized by statute. SECTION 6.02. Referendum and initial election. (a) Unless prohibited by the federal Voting Rights Act of 1965, as amended, the election superintendent of DeKalb County shall call a special election for the purpose of submitting this Act to the qualified voters of the proposed City of Brookhaven for approval or rejection. The superintendent shall set the date of such election for the date of the general primary in 2012. The superintendent shall issue the call for such election at least 30 days prior to the date thereof. The superintendent shall cause the date and purpose of the election to be published once a week for two weeks immediately preceding the date thereof in the official organ of DeKalb County. The ballot shall have written or printed thereon the words: "( ) YES Shall the Act incorporating the City of Brookhaven in DeKalb County according to the charter contained in the Act and the homestead exemptions ( ) NO described in the Act be approved?" All persons desiring to vote for approval of the Act shall vote "Yes," and those persons MONDAY, MARCH 26, 2012 3073 desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, it shall become of full force and effect as provided in this charter, otherwise it shall be void and of no force and effect. The initial expense of such election shall be borne by DeKalb County. Within two years after the elections if the incorporation is approved, the City of Brookhaven shall reimburse DeKalb County for the actual cost of printing and personnel services for such election and for the initial election of the mayor and councilmembers pursuant to Section 2.02 of this charter. It shall be the duty of the superintendent to hold and conduct such election. It shall be his or her further duty to certify the result thereof to the Secretary of State. (b) For the purposes of the referendum election provided for in subsection (a) of this section and for the purposes of the special election of the City of Brookhaven to be held on the Tuesday after the first Monday in November, 2012, the qualified electors of the City of Brookhaven shall be those qualified electors of DeKalb County residing within the corporate limits of the City of Brookhaven as described by Appendix A of this charter. At subsequent municipal elections, the qualified electors of the City of Brookhaven shall be determined pursuant to the authority of Chapter 2 of Title 21 of the O.C.G.A., the "Georgia Election Code." (c) Only for the purposes of holding and conducting the referendum election provided for by subsection (a) of this section and holding and conducting the special election of the City of Brookhaven to be held on the Tuesday after the first Monday in November, 2012, the election superintendent of DeKalb County is vested with the powers and duties of the election superintendent of the City of Brookhaven and the powers and duties of the governing authority of the City of Brookhaven. SECTION 6.03. Effective dates and transition. (a) The initial mayor and councilmembers shall take the oath of office the next business day after certification of the election of such officers, and by action of any three members of the governing authority may, prior to December 17, 2012, meet and take actions binding on the city. (b) A period of time will be needed for an orderly transition of various government functions from DeKalb County to the City of Brookhaven. Accordingly there shall be a two-year transition period as allowed by law beginning at 12:01 A.M. on December 17, 2012. (c) During such transition period, DeKalb County shall continue to provide within the territorial limits of the city all government services and functions which DeKalb County provided prior to such date in 2012 and at the same actual direct cost and level of service, except to the extent otherwise provided in this section; provided, however, that upon at least 30 days' prior written notice to the governing authority of DeKalb County by the governing authority of City of Brookhaven, responsibility for any such service or function shall be transferred to the City of Brookhaven. The governing authority of the 3074 JOURNAL OF THE SENATE City of Brookhaven shall determine the date of commencement of collection of taxes, fees, assessments, fines, and forfeitures, and other moneys within the territorial limits of the city and the date upon which the City of Brookhaven is considered removed from the special tax district. (d) During the transition period, the governing authority of the City of Brookhaven may generally exercise any power granted by this charter or general law, except to the extent that a power is specifically and integrally related to the provision of a governmental service, function, or responsibility not yet provided or carried out by the city. (e) During the transition period, all ordinances of DeKalb County shall remain applicable within the territorial limits of the city unless otherwise amended, repealed, or replaced by the City of Brookhaven. Any transfer of jurisdiction to the City of Brookhaven during or at the end of the transition period shall not in and of itself abate any judicial proceeding pending in DeKalb County or the pending prosecution of any violation of any ordinance of DeKalb County. (f) During the transition period, the governing authority of the City of Brookhaven may at any time, without the necessity of any agreement by DeKalb County, commence to exercise its planning and zoning powers; provided, however, that the city shall give the county notice of the date on which the city will assume the exercise of such powers. Upon the governing authority of the City of Brookhaven commencing to exercise its planning and zoning powers, the Municipal Court of the City of Brookhaven shall immediately have jurisdiction to enforce the planning and zoning ordinances of the city. The provisions of this subsection shall control over any conflicting provisions of any other subsection of this section. (g) Effective upon the termination of the transition period, subsections (b) through (f) of this section shall cease to apply except for the last sentence of subsection (e) which shall remain effective. Effective upon the termination of the transition period, the City of Brookhaven shall be a full functioning municipal corporation and subject to all general laws of this state. SECTION 6.04. Directory nature of dates. It is the intention of the General Assembly that this Act be construed as directory rather than mandatory with respect to any date prescribed in this Act. If it is necessary to delay any action called for in this Act for providential cause, delay in securing approval under the federal Voting Rights Act, or any other reason, it is the intention of the General Assembly that the action be delayed rather than abandoned. Any delay in performing any action under this Act, whether for cause or otherwise, shall not operate to frustrate the overall intent of this Act. Without limiting the generality of the foregoing it is specifically provided that if it is not possible to hold the referendum election provided for in Section 6.02 of this Act on the date specified in that section, then such referendum shall be held as soon thereafter as is reasonably practicable but not later than 45 days after securing approval under the federal Voting Rights Act. If the referendum election MONDAY, MARCH 26, 2012 3075 provided for in Section 6.02 of this Act is conducted on or before August 21, 2012, the special election for the initial members of the governing authority shall be conducted on the date specified in Section 2.02 of this Act. If the referendum election provided for under Section 6.02 of this Act is conducted after August 21, 2012, then the special election for the initial members of the governing authority shall be held as soon thereafter as is reasonably practicable, and the commencement of the initial terms of office shall be delayed accordingly. If the first election provided for in Section 2.02 of this Act occurs after the Tuesday following the first Monday in November, 2012, the city council shall be authorized to delay the dates otherwise specified in Section 6.03 of this Act. SECTION 6.05. Governor's Commission. After the approval of this Act in the referendum as provided in Section 6.02, the Governor's Commission on Brookhaven shall be appointed pursuant to subsection (g) of Code Section 36-31-8 of the O.C.G.A. All five interim representatives on such commission shall be residents of the area encompassed by the City of Brookhaven and shall meet any qualifications contained in subsection (g) of Code Section 36-31-8 of the O.C.G.A. The five interim representatives shall include at least one representative who resides in each council district. The Governor shall appoint one of the interim representatives as the chairperson who shall preside at meetings of the commission. All meetings of the commission shall be subject to Chapter 14 of Title 50 of the O.C.G.A. regarding open and public meetings, as it now exists or is subsequently amended. After the qualifying period ends for the initial members of the governing authority, but prior to the election for such initial members, the commission shall conduct a training seminar for all of the qualified candidates for mayor and city council on the duties, responsibilities, obligations, and laws regarding service on a municipal governing authority. For the presentation of such seminar, the commission is authorized to enlist the assistance of the Georgia Municipal Association, the Carl Vinson Institute of Government of the University of Georgia, and similar organizations. The commission shall, in addition to conducting such seminar and performing its other duties prescribed in subsection (g) of Code Section 36-31-8 of the O.C.G.A., prepare and present a written report to the new mayor and city council on the following matters: (1) Backgrounds and qualifications of possible candidates for the positions of city manager, city attorney, city clerk, and city accountant; (2) A proposed plan for cost-effectively privatizing the delivery of as many city services as practicable based upon the best practices of other municipalities; and (3) Possible locations and pricing for leased city office facilities. Such report shall be made public via the Internet on the day immediately following the general election date of the mayor and city council and shall be delivered to the newly elected mayor and city council. The commission shall stand dissolved when the members of the first city council take office. 3076 JOURNAL OF THE SENATE SECTION 6.06. Severability. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional. SECTION 6.07. Effective date. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. The boundaries of the proposed City of Brookhaven shall become effective upon the effective date of this Act for the purposes of annexation of territory by other municipalities and no portion of the territory within the proposed City of Brookhaven shall be subject to annexation as of the effective date of this Act. If the referendum provided for in Section 6.02 fails, then such boundaries shall cease to exist and shall be subject to annexation by other municipalities. SECTION 6.08. Repealer. All laws and parts of laws in conflict with this Act are repealed. APPENDIX A LEGAL DESCRIPTION CORPORATE LIMITS CITY OF BROOKHAVEN, DEKALB COUNTY, GEORGIA Commence at a point on the land lot line common to Land Lot 6 of the 17th District of Fulton County, Georgia and Land Lot 154 of the 18th District of DeKalb County, Georgia, where said land lot line intersects with the northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85); thence running north along the land lot lines dividing Fulton and DeKalb Counties following the easterly boundaries of the City of Atlanta and the City of Sandy Springs, respectively, (including any deviations from said land lot line to the extent that boundary of the City of Atlanta crosses into DeKalb County, Georgia as of the date of this description) to a point on the land lot line common to Land Lot 17 of the 17th District of Fulton County, Georgia, and MONDAY, MARCH 26, 2012 3077 Land Lot 329 of the 18th District of DeKalb County where said land lot line intersects with the southerly boundary of the City of Dunwoody, Georgia, and the southerly rightof-way line of the Perimeter Highway (a/k/a I-285); thence running northeasterly and easterly along said southerly right-of-way line following the southerly boundary of the City of Dunwoody, Georgia, to a point in Land Lot 345 of the 18th District of DeKalb County, Georgia, where said southerly right-of-way line and the southerly border of the City of Dunwoody, Georgia intersect with the westerly right-of-way line of Chamblee Dunwoody Road and the boundary of the City of Chamblee, Georgia; thence following said westerly right-of-way line running southerly following the westerly boundary of the City of Chamblee, Georgia to a point in Land Lot 308 of the 18th District of DeKalb County, Georgia, where said westerly right-of-way line intersects with the northerly right-of-way line of Harts Mill Road; thence running southwesterly, northwesterly and southwesterly along said right-of-way line following the boundary of the City of Chamblee, Georgia, to the point where said right-of-way line intersects with the land lot line common to Land Lots 306 and 307 in the 18th District of DeKalb County, Georgia; thence leaving said right-of-way line, following said land lot line south along the westerly boundary of the City of Chamblee, Georgia, to a point where the land lot line common to Land Lots 277 and 278 of the 18th District of DeKalb County, Georgia, intersects with the northerly right-of-way line of Peachtree Road (f/k/a Peachtree Industrial Boulevard); thence leaving said land lot line running southwesterly along said northerly right-of-way line of Peachtree Road for a distance of 1250 feet, more or less to a point following the boundary of the City of Chamblee, Georgia, as described in Article 1, Section 2.6 of the Charter of the City of Chamblee, Georgia (1967 Annexation); thence leaving said northerly right-of-way line following the boundary of the City of Chamblee, Georgia, following the boundary being described in Article 1, Section 2.8 of the Charter of the City of Chamblee, Georgia (1978 Annexation), easterly to a point where said boundary intersects with the land lot line common to Land Lots 277 and 278 of the 18th District of DeKalb County; thence continuing along the boundary of the City of Chamblee, Georgia, southerly and easterly to the point where said boundary intersects with the right-of-way of 8th Street; thence running easterly along the right-of-way of 8th Street, following the boundary of the City of Chamblee, to the intersection of said right-of-way and the City of Chamblee boundary with the westerly right-of-way line of Clairmont Road; thence running due east across said right-of-way to the easterly right-of-way line of Clairmont Road; thence running southerly following the easterly right-of-way line of Clairmont Road to a point at the intersection of said easterly right-of-way line and the northerly right-of-way line of the Northeast Expressway (inclusive of access roads) (a/k/a Interstate I-85) in Land Lot 196 of the 18th District of DeKalb County, Georgia; thence following said northerly right-of-way line southwest to the POINT OF BEGINNING. All right-of-way and boundary descriptions shall be as of the date of the passage of this legislation. 3078 JOURNAL OF THE SENATE APPENDIX B LEGAL DESCRIPTION CITY COUNCIL DISTRICTS CITY OF BROOKHAVEN, DEKALB COUNTY, GEORGIA Plan: BHccR2-2012 Plan Type: Local Administrator: H080 User: Gina District 001 DeKalb County VTD: 089AG - ASHFORD DUNWOOD 021101: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1030 1031 1032 021209: 3010 VTD: 089AH - ASHFORD PARKSIDE VTD: 089MU - MONTGOMERY ELEM VTD: 089NA - NANCY CREEK ELEM 021202: 1010 1013 1014 1015 1027 1028 2012 District 002 DeKalb County VTD: 089AB - ASHFORD PARK ELEMENTARY VTD: 089BE - BRIARWOOD 021405: 3013 021413: 1014 1015 1016 1018 VTD: 089BI - BROOKHAVEN 021411: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 2001 2004 2005 2006 VTD: 089SE - SILVER LAKE 021102: 1004 2020 3006 4018 021209: 3011 3016 VTD: 089SF - SKYLAND 021405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 3000 3001 3002 021412: MONDAY, MARCH 26, 2012 2013 2016 2017 2018 2019 2020 2021 2022 2024 021413: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1017 2000 2001 2002 District 003 DeKalb County VTD: 089AG - ASHFORD DUNWOOD 021102: 3000 VTD: 089BE - BRIARWOOD 021405: 2012 2021 3012 3014 3015 3016 3017 3018 3019 3020 021416: 1000 1001 1002 1003 1004 1005 1006 VTD: 089BI - BROOKHAVEN 021405: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 3003 3004 3005 3006 3007 3008 3009 3010 3011 VTD: 089CO - CROSS KEYS HIGH 021415: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2002 2003 2004 2005 2006 2008 2009 2010 VTD: 089SE - SILVER LAKE 021102: 1000 1001 1002 1003 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 3001 3002 3003 3004 3005 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4019 4020 4021 District 004 DeKalb County VTD: 089BE - BRIARWOOD 021416: 2000 2001 2002 2003 VTD: 089CO - CROSS KEYS HIGH 021415: 2007 021416: 2004 2005 021417: 3000 3001 3002 3003 3004 VTD: 089MJ - MONTCLAIR ELEM 021414: 3079 3080 JOURNAL OF THE SENATE 1000 1001 1002 1003 1004 1005 1006 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 021417: 2000 2001 2002 2003 2004 2005 2009 2017 021603: 2000 2007 VTD: 089WJ - WOODWARD ELEM APPENDIX C CERTIFICATE AS TO MINIMUM STANDARDS FOR INCORPORATION OF A NEW MUNICIPAL CORPORATION I, Representative Mike Jacobs, Georgia State Representative from the 80th District and the author of this bill introduced at the 2011 session of the General Assembly of Georgia, which grants an original municipal charter to the City of Brookhaven, do hereby certify that this bill is in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. in that the area embraced within the original incorporation in this bill is in all respects in compliance with the minimum standards required by Chapter 31 of Title 36 of the O.C.G.A. This certificate is executed to conform to the requirements of Code Section 36-31-5 of the O.C.G.A. So certified this ____ day of __________, 2012. ____________________________________ Honorable Mike Jacobs Representative, 80th District Georgia House of Representatives Senators Stoner of the 6th and Orrock of the 36th offered the following amendment #1: Amend the Senate State and Local Governmental Operations Committee substitute to HB 636 (LC 28 6273ERS) by replacing "Brookhaven" with "Ashford" everywhere it appears. On the adoption of the amendment, the yeas were 11, nays 28, and the Stoner, Orrock 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. MONDAY, MARCH 26, 2012 3081 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 36, nays 14. N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams HB 636, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Vincent Fort District 39 121-J State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Interstate Cooperation Judiciary Reapportionment and Redistricting Urban Affairs 3/26/12 The State Senate Atlanta, Georgia 30334 To: Secretary of the Senate It was my intent to vote no on HB 636. Please make this note a part of the Journal of the Senate. /s/ Vincent D. Fort 3082 JOURNAL OF THE SENATE HB 685. By Representatives Maddox of the 172nd, Black of the 174th, Atwood of the 179th, Shaw of the 176th, Taylor of the 173rd and others: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to extensively revise provisions relating to dogs and especially provisions relating to dangerous and vicious dogs; to define and redefine terms; to provide for liability for injuries and damage caused by dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for a conforming amendment; to state legislative intent; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The Senate Judiciary Committee offered the following substitute to HB 685: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, so as to revise provisions relating to dogs and provisions relating to dangerous and vicious dogs; to provide for legislative intent; to change provisions of liability for damage caused by dogs; to allow for more stringent local regulation; to revise provisions relating to the lawful killing of dogs; to provide for a short title; to provide public safety and administrative procedures for the identification of dangerous and vicious dogs; to require registration for the possession of certain dogs and to require certain safety and indemnity measures as a condition of owning a dog classified as vicious or dangerous; to provide procedural requirements; to provide for euthanasia of dogs in certain instances; to provide for criminal offenses and punishment; to provide for reclassification of previously classified dogs; 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 8 of Title 4 of the Official Code of Georgia Annotated, relating to dogs, is amended by redesignating Code Section 4-8-1 as Code Section 4-8-1.1 and by adding a new Code section to read as follows: "4-8-1. It is the intention of this chapter to establish as state law minimum standards for the control and regulation of dogs and to establish state crimes for violations of such minimum standards. However, this chapter shall not prohibit local governments from MONDAY, MARCH 26, 2012 3083 adopting and enforcing ordinances or resolutions which provide for more restrictive control and regulation of dogs than the minimum standards provided for in this chapter." SECTION 2. Said chapter is further amended by revising Code Section 4-8-4, relating to liability for damage caused by dogs, as follows: "4-8-4. (a) The owner or, if no owner can be found, the custodian exercising care and control over any dog which goes upon the land of another and while off the owner's or custodian's property causes injury, death, or damage directly or indirectly to any livestock, or poultry, or pet animal shall be civilly liable to the owner of the livestock, or poultry, or pet animal for damages, death, or injury, death, or damage caused by the dog. The owner or, if no owner can be found, the custodian exercising care and control over any dog shall be liable for any damage caused by such dog to public or private property. The liability of the owner or custodian of the dog shall include consequential damages. (b) This Code section is to be considered cumulative of other remedies provided by law. There is no intent to do away with eliminate or limit other causes of action which might inure to the owner of any livestock, or poultry, or pet animal." SECTION 3. Said chapter is further amended by revising subsection (a) of Code Section 4-8-5, relating to cruelty to dogs and authorized killing of dogs, as follows: "(a) No person shall perform a cruel act on any dog; nor shall any person harm, maim, or kill any dog, or attempt to do so, except that a person may: (1) Defend his or her person or property, or the person or property of another, from injury or damage being caused by a dog; or (2) Kill any dog causing injury or damage to any livestock, or poultry, or pet animal." SECTION 4. Said chapter is further amended by repealing in its entirety Article 2, relating to dangerous dog control, and enacting a new article to read as follows: "ARTICLE 2 4-8-20. This article shall be known and may be cited as the 'Responsible Dog Ownership Law.' 4-8-21. (a) As used in this article, the term: (1) 'Classified dog' means any dog that has been classified as either a dangerous dog or vicious dog pursuant to this article. (2) 'Dangerous dog' means any dog that: 3084 JOURNAL OF THE SENATE (A) Causes a substantial puncture of a person's skin by teeth without causing serious injury; provided, however, that a nip, scratch, or abrasion shall not be sufficient to classify a dog as dangerous under this subparagraph; (B) Aggressively attacks in a manner that causes a person to reasonably believe that the dog posed an imminent threat of serious injury to such person or another person although no such injury occurs; provided, however, that the acts of barking, growling, or showing of teeth by a dog shall not be sufficient to classify a dog as dangerous under this subparagraph; or (C) While off the owner's property, kills a pet animal; provided, however, that this subparagraph shall not apply where the death of such pet animal is caused by a dog that is working or training as a hunting dog, herding dog, or predator control dog. (3) 'Local government' means any county or municipality of this state. (4) 'Owner' means any natural person or any legal entity, including, but not limited to, a corporation, partnership, firm, or trust owning, possessing, harboring, keeping, or having custody or control of a dog. In the case of a dog owned by a minor, the term 'owner' includes the parents or person in loco parentis with custody of the minor. (5) 'Serious injury' means any physical injury that creates a substantial risk of death; results in death, broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions; requires plastic surgery or admission to a hospital; or results in protracted impairment of health, including transmission of an infection or contagious disease, or impairment of the function of any bodily organ. (6) 'Vicious dog' means a dog that inflicts serious injury on a person or causes serious injury to a person resulting from reasonable attempts to escape from the dog's attack. (b) No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the dog is being used by a law enforcement or military officer to carry out the law enforcement or military officer's official duties. No dog shall be classified as a dangerous dog or a vicious dog if the person injured by such dog was a person who, at the time, was committing a trespass, was abusing the dog, or was committing or attempting to commit an offense under Chapter 5 of Title 16. 4-8-22. (a) A county's jurisdiction for the enforcement of this article shall be the unincorporated area of the county and a municipality's jurisdiction for such enforcement shall be the territory within the corporate limits of the municipality. (b) The governing authority of each local government shall designate an individual as dog control officer to aid in the administration and enforcement of the provisions of this article. A person carrying out the duties of dog control officer shall not be authorized to make arrests unless the person is a law enforcement officer having the powers of arrest. (c) Any county or municipality or any combination of such local governments may enter into agreements with each other for the consolidation of dog control services under this Code section. MONDAY, MARCH 26, 2012 3085 4-8-23. (a) For purposes of this Code section, the term: (1) 'Authority' means an animal control board or local board of health, as determined by the governing authority of a local government. (2) 'Mail' means to send by certified mail or statutory overnight delivery to the recipient's last known address. (b) Upon receiving a report of a dog believed to be subject to classification as a dangerous dog or vicious dog within a dog control officer's jurisdiction, the dog control officer shall make such investigations as necessary to determine whether such dog is subject to classification as a dangerous dog or vicious dog. (c) When a dog control officer determines that a dog is subject to classification as a dangerous dog or vicious dog, the dog control officer shall mail a dated notice to the dog's owner within 72 hours. Such notice shall include a summary of the dog control officer's determination and shall state that the owner has a right to request a hearing from the authority on the dog control officer's determination within 15 days after the date shown on the notice. The notice shall also provide a form for requesting the hearing and shall state that if a hearing is not requested within the allotted time, the dog control officer's determination shall become effective for all purposes under this article. (d) When a hearing is requested by a dog owner in accordance with subsection (c) of this Code section, such hearing shall be scheduled within 30 days after the request is received; provided, however, that such hearing may be continued by the authority for good cause shown. At least ten days prior to the hearing, the authority conducting the hearing shall mail to the dog owner written notice of the date, time, and place of the hearing. At the hearing, the dog owner shall be given the opportunity to testify and present evidence and the authority conducting the hearing shall receive other evidence and testimony as may be reasonably necessary to sustain, modify, or overrule the dog control officer's determination. (e) Within ten days after the hearing, the authority which conducted the hearing shall mail written notice to the dog owner of its determination on the matter. If such determination is that the dog is a dangerous dog or a vicious dog, the notice of classification shall specify the date upon which that determination shall be effective. If the determination is that the dog is to be euthanized pursuant to Code Section 4-8-26, the notice shall specify the date by which the euthanasia shall occur. (f) Judicial review of the authority's final decision may be had in accordance with Code Section 50-13-19. 4-8-24. A law enforcement officer or dog control officer shall immediately impound a dog if the officer believes the dog poses a threat to the public safety. 4-8-25. The judge of any superior court of competent jurisdiction within this state may order the euthanasia of a dog if the court finds, after notice and opportunity for hearing as 3086 JOURNAL OF THE SENATE provided by Code Section 4-8-23, that the dog has seriously injured a human or presents a danger to humans not suitable for control under this article and: (1) The owner or custodian of the dog has been convicted of a violation of any state criminal law and the crime was related to such dog; or (2) Any local governmental authority has filed with the court a civil action requesting the euthanasia of the dog. 4-8-26. A dog that is found, after notice and opportunity for hearing as provided by Code Section 4-8-23, to have caused a serious injury to a human on more than one occasion shall be euthanized; provided, however, that no injury occurring before July 1, 2012, shall count for purposes of this subsection. 4-8-27. (a) It shall be unlawful for an owner to have or possess within this state a classified dog without a certificate of registration issued in accordance with the provisions of this Code section. Certificates of registration shall be nontransferable and shall only be issued to a person 18 years of age or older. No more than one certificate of registration shall be issued per domicile. (b) Unless otherwise specified by this Code section, a certificate of registration for a dangerous dog shall be issued if the dog control officer determines that the following requirements have been met: (1) The owner has maintained an enclosure designed to securely confine the dangerous dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the dangerous dog from leaving such property; and (2) Clearly visible warning signs have been posted at all entrances to the premises where the dog resides; (c) Except as provided in subsections (e) and (f) of this Code section, a certificate of registration for a vicious dog shall be issued if the dog control officer determines that the following requirements have been met: (1) The owner has maintained an enclosure designed to securely confine the vicious dog on the owner's property, indoors, or in a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property; (2) Clearly visible warning signs have been posted at all entrances to the premises where the dog resides; (3) A microchip containing an identification number and capable of being scanned has been injected under the skin between the shoulder blades of the dog; and (4) The owner maintains and can provide proof of general or specific liability insurance in the amount of at least $50,000.00 issued by an insurer authorized to transact business in this state insuring the owner of the vicious dog against liability for any bodily injury or property damage caused by the dog. (d) No certificate of registration shall be issued to any person who has been convicted MONDAY, MARCH 26, 2012 3087 of two or more violations of this article. (e) No person shall be the owner of more than one vicious dog. (f) No certificate of registration for a vicious dog shall be issued to any person who has been convicted of: (A) A serious violent felony as defined in Code Section 17-10-6.1; (B) The felony of dogfighting as provided for in Code Section 16-12-37 or the felony of aggravated cruelty to animals as provided for in Code Section 16-12-4; or (C) A felony involving trafficking in cocaine, illegal drugs, marijuana, methamphetamine, or ecstasy as provided for in Code Sections 16-13-31 and 16-1331.1 from the time of conviction until two years after completion of his or her sentence, nor to any person residing with such person. (g) Certificates of registration shall be renewed on an annual basis. At the time of renewal of a certificate of registration for a vicious dog, a dog control officer shall verify that the owner is continuing to comply with provisions of this article. Failure to renew a certificate of registration within ten days of the renewal date or initial classification date shall constitute a violation of this article. 4-8-28. (a) The owner of a classified dog shall notify the dog control officer within 24 hours if the dog is on the loose or has attacked a human and shall notify the dog control officer within 24 hours if the dog has died or has been euthanized. (b) A vicious dog shall not be transferred, sold, or donated to any other person unless it is relinquished to a governmental facility or veterinarian to be euthanized. (c) The owner of a classified dog who moves from one jurisdiction to another within the State of Georgia shall register the classified dog in the new jurisdiction within ten days of becoming a resident and notify the dog control officer of the jurisdiction from which he or she moved. The owner of a similarly classified dog who moves into this state shall register the dog as required in Code Section 4-8-27 within 30 days of becoming a resident. 4-8-29. (a) It shall be unlawful for an owner of a dangerous dog to permit the dog to be off the owner's property unless: (1) The dog is restrained by a leash not to exceed six feet in length and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or (2) The dog is contained in a closed and locked cage or crate. (b) It shall be unlawful for an owner of a vicious dog to permit the dog to be: (1) Outside an enclosure designed to securely confine the vicious dog while on the owner's property or outside a securely locked and enclosed pen, fence, or structure suitable to prevent the vicious dog from leaving such property unless: (A) The dog is muzzled and restrained by a leash not to exceed six feet in length 3088 JOURNAL OF THE SENATE and is under the immediate physical control of a person capable of preventing the dog from engaging any other human or animal when necessary; or (B) The dog is contained in a closed and locked cage or crate; or (2) Unattended with minors. (c) A person who violates subsection (b) of this Code section shall be guilty of a misdemeanor of high and aggravated nature. (d) An owner with a previous conviction for a violation of this article whose classified dog causes serious injury to a human being under circumstances constituting another violation of this article shall be guilty of a felony and upon conviction thereof shall be punished by imprisonment for not less than one nor more than ten years, a fine of not less than $5,000.00 nor more than $10,000.00, or both. In addition, the classified dog shall be euthanized at the cost of the owner. (e) Any irregularity in classification proceedings shall not be a defense to any prosecution under this article so long as the owner of the dog received actual notice of the classification and did not pursue a civil remedy for the correction of the irregularity. 4-8-30. (a) A dangerous or vicious dog shall be immediately confiscated by any dog control officer or by a law enforcement officer in the case of any violation of this article. A refusal to surrender a dog subject to confiscation shall be a violation of this article. (b) The owner of any dog that has been confiscated pursuant to this article may recover such dog upon payment of reasonable confiscation and housing costs and proof of compliance with the provisions of this article. All fines and all charges for services performed by a law enforcement or dog control officer shall be paid prior to owner recovery of the dog. Criminal prosecution shall not be stayed due to owner recovery or euthanasia of the dog. (c) In the event the owner has not complied with the provisions of this article within 20 days of the date the dog was confiscated, such dog shall be destroyed in an expeditious and humane manner and the owner may be required to pay the costs of housing and euthanasia. 4-8-31. Under no circumstances shall a local government or any employee or official of a local government be held liable for any damages to any person who suffers an injury inflicted by a dog as a result of a failure to enforce the provisions of this article. 4-8-32. Except as otherwise specified in this article, any person who violates any provision of this article shall be guilty of a misdemeanor. 4-8-33. (a)(1) Any dog classified prior to July 1, 2012, as a potentially dangerous dog in this state shall on and after that date be classified as a dangerous dog under this article. MONDAY, MARCH 26, 2012 3089 (2) Any dog classified prior to July 1, 2012, as a dangerous dog or vicious dog in this state shall on and after that date be classified as a vicious dog under this article. (b) The owner of any dog referred to in subsection (a) of this Code section shall come into compliance with all current provisions of this article by January 1, 2013." SECTION 5. Said chapter is further amended by repealing in its entirety Article 3, relating to vicious dogs. SECTION 6. This Act shall become effective on July 1, 2012, and shall apply to proceedings for the classification and registration of dogs which are pending on that date as well as to such proceedings which arise on or after that date. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senators Stone of the 23rd and Tolleson of the 20th offered the following amendment #1: Amend Substitute to HB 685 by adding after line 212 (3) The dog is working or training as a hunting dog, herding dog, or predator control dog. On the adoption of the amendment, there were no objections, and the Stone, Tolleson amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance N Cowsert Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone 3090 JOURNAL OF THE SENATE Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 685, having received the requisite constitutional majority, was passed by substitute. HB 692. By Representative Mitchell of the 88th: A BILL to be entitled an Act to amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to provide for the automatic decrease in the salary of a teacher or other certificated professional personnel for any salary increase or bonus provided based, in whole or in part, on the results of standardized test scores which were falsified or known or caused to be falsified by such teacher or professional; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner MONDAY, MARCH 26, 2012 3091 Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 692, having received the requisite constitutional majority, was passed. HB 728. By Representative Jasperse of the 12th: 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 legislative findings; 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. Senate Sponsor: Senator Gooch 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Crosby Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate 3092 JOURNAL OF THE SENATE Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 48, nays 1. HB 728, having received the requisite constitutional majority, was passed. HB 732. By Representatives McBrayer of the 153rd, Yates of the 73rd, Collins of the 27th, Rice of the 51st, Setzler of the 35th and others: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. Senators Loudermilk of the 52nd, Grant of the 25th and Bulloch of the 11th offered the following amendment #1: Amend the House committee substitute to HB 732 (LC 35 2616S) by inserting after "awareness;" on line 12 the following: to provide for a special license plate to promote lung cancer awareness, research, and treatment of lung cancer; to provide for a special license plate for supporting nurses in Georgia and the nursing profession; By replacing "a new paragraph" with "three new paragraphs" on lines 228 and 229. By deleting the quotation mark at the end of line 247 and inserting between lines 247 and 248 the following: (11) A special license plate to support lung cancer related awareness and research programs. The funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Joan Gaeta Lung Cancer Fund to fund lung cancer awareness, screening, research, and treatment related programs. (12) A special license plate to support Georgia nurses and charitable and philanthropic efforts to support, advance, and promote the nursing profession. The MONDAY, MARCH 26, 2012 3093 funds raised by the sale of this special license plate shall be disbursed as provided in paragraph (1) of this subsection to the Georgia Nurses Foundation of the Georgia Nurses Association for carrying out such programs and purposes." On the adoption of the amendment, there were no objections, and the Loudermilk, 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 53, nays 0. HB 732, having received the requisite constitutional majority, was passed as amended. HB 733. By Representatives Hightower of the 68th and Lindsey of the 54th: A BILL to be entitled an Act to amend Chapter 13 of Title 19 of the Official Code of Georgia Annotated, relating to family violence, so as to add holdover provisions for appointees; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. 3094 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 Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B E Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 733, 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 1290. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Benfield of the 85th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as MONDAY, MARCH 26, 2012 3095 amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for certain terms of office; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1298. By Representatives Ashe of the 56th, Lindsey of the 54th, Abrams of the 84th, Gardner of the 57th, Long of the 61st and others: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3840), so as to modify provisions relating to the municipal court; to provide for the imposition, collection, and expenditure of an additional penalty in the municipal court for municipal detention and prison facilities; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 1300. By Representative Pruett of the 144th: A BILL to be entitled an Act to revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1304. By Representatives Carter of the 175th, Taylor of the 173rd, Black of the 174th, Houston of the 170th, Shaw of the 176th and others: A BILL to be entitled an Act to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 3096 JOURNAL OF THE SENATE The House has agreed to the Senate substitute to the following Bill of the House: HB 839. By Representatives Maxwell of the 17th and Braddock of the 19th: A BILL to be entitled an Act to amend an Act to provide for the election of the members of the Paulding County Board of Education, approved March 21, 1968 (Ga. L. 1968, p. 2381), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4151), so as to revise the districts for the election of members of the board of education; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates and for automatic repeal under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 354. By Senator Williams of the 19th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 462. By Senators Jeffares of the 17th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend an Act creating the Board of Elections and Registration of Rockdale County, approved March 29, 1995 (Ga. L. 1995, p. 3929), so as to revise procedures relating to appointment of the at-large member; to provide for related matters; to provide for submission for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 26, 2012 3097 SB 523. By Senator Balfour of the 9th: A BILL to be entitled an Act to amend an Act creating the Recorder's Court of Gwinnett County, approved March 27, 1972 (Ga. L. 1972, p. 3125), as amended, particularly by an Act approved March 5, 1987 (Ga. L. 1987, p. 3765), and an Act approved August 17, 2001 (Ga. L. 2001 Ex. Sess., p. 203), so as to provide for the appointment of the judges of such court; to repeal conflicting laws; and for other purposes. The following House legislation was read the first time and referred to committee: HB 1290. By Representatives Mosby of the 90th, Oliver of the 83rd, Bell of the 58th, Benfield of the 85th, Jacobs of the 80th and others: A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for certain terms of office; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1298. By Representatives Ashe of the 56th, Lindsey of the 54th, Abrams of the 84th, Gardner of the 57th, Long of the 61st and others: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Atlanta, approved April 15, 1996 (Ga. L. 1996, p. 4469), as amended, particularly by an Act approved May 17, 2004 (Ga. L. 2004, p. 3840), so as to modify provisions relating to the municipal court; to provide for the imposition, collection, and expenditure of an additional penalty in the municipal court for municipal detention and prison facilities; 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. 3098 JOURNAL OF THE SENATE HB 1300. By Representative Pruett of the 144th: A BILL to be entitled an Act to revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 1304. By Representatives Carter of the 175th, Taylor of the 173rd, Black of the 174th, Houston of the 170th, Shaw of the 176th and others: A BILL to be entitled an Act to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The Calendar was resumed. HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Williams of the 19th. MONDAY, MARCH 26, 2012 3099 The Senate Health and Human Services Committee offered the following substitute to HB 954: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to provide for confidentiality; to change certain provisions relating to definitions relative to the "Woman's Right to Know Act"; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly makes the following findings: (1) At least by 20 weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain; (2) There is substantial evidence that, by 20 weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be interpreted as a response to pain; (3) Anesthesia is routinely administered to unborn children who have developed 20 weeks or more past fertilization who undergo prenatal surgery; (4) Even before 20 weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children; and (5) It is the purpose of the State of Georgia to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. SECTION 2. Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, is amended by revising Code Sections 16-12-140 and 16-12-141, relating to criminal abortion and when abortion is legal, respectively, as follows: "16-12-140. (a) Except as otherwise provided in Code Section 16-12-141, a A person commits the offense of criminal abortion when, in violation of Code Section 16-12-141, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to 3100 JOURNAL OF THE SENATE produce a miscarriage or abortion. (b) A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years. 16-12-141. (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 Code Section 16-12-144 is a prohibition of a particular abortion method which shall apply to both duly licensed physicians and laypersons. No abortion is authorized or shall be performed in violation of subsection (a) of Code Section 31-9B2. (b)(1) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Community Health. (2) An abortion shall only be performed by a physician licensed under Article 2 of Chapter 34 of Title 43. (c)(1) No abortion is authorized or shall be performed after the second trimester if the probable gestational age of the unborn child has been determined in accordance with Code Section 31-9B-2 to be 20 weeks or more unless the physician and two consulting physicians certify that in reasonable medical judgment the abortion is necessary in their best clinical judgment to preserve the life or health of the woman to: (A) Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; or (B) Preserve the life of an unborn child. As used in this paragraph, the term 'probable gestational age of the unborn child' has the meaning provided by Code Section 31-9B-1. (2) In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and MONDAY, MARCH 26, 2012 3101 irreversible physical impairment of a major bodily function. If the product of the abortion child is capable of meaningful or sustained life, medical aid then available must be rendered. (d) The performing physician shall file with the commissioner of public health within ten days after an abortion procedure is performed a certificate of abortion containing such statistical data as is determined by the Department of Public Health consistent with preserving the privacy of the woman. Hospital or other licensed health facility records shall be available to the district attorney of the judicial circuit in which the hospital or health facility is located." SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Chapter 9B to read as follows: "CHAPTER 9B 31-9B-1. (a) As used in this chapter, the term: (1) 'Abortion' has the meaning provided by Code Section 31-9A-2. (2) 'Medical emergency' has the meaning provided by Code Section 31-9A-2. (3) 'Physician' has the meaning provided by Code Section 31-9A-2. (4) 'Probable gestational age of the unborn child' means what will, in reasonable medical judgment and with reasonable probability, be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced, as dated from the time of fertilization of the human ovum. (5) 'Reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (6) 'Unborn child' has the meaning provided by Code Section 31-9A-2. 31-9B-2. (a) Except in the case of a medical emergency, no abortion shall be performed or attempted to be performed unless the physician performing it has first made a determination of the probable gestational age of the unborn child or relied upon such a determination made by another physician. (b) Failure by any physician to conform to any requirement of this Code section constitutes unprofessional conduct for purposes of paragraph (7) of subsection (a) of Code Section 43-34-8 relating to medical licensing sanctions. 31-9B-3. (a) Any physician who performs or attempts to perform an abortion shall report to the department, in conjunction with the reports required under Code Section 31-9A-6 and in accordance with forms and rules and regulations adopted and promulgated by the 3102 JOURNAL OF THE SENATE department: (1) If a determination of probable gestational age was made, the probable gestational age determined and the method and basis of the determination; (2) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed; (3) If the probable gestational age was determined to be 20 or more weeks, the basis of the determination that the pregnant woman had a condition which so complicated her medical condition as to necessitate the termination of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, or the basis of the determination that it was necessary to preserve the life of an unborn child; and (4) The method used for the abortion and, in the case of an abortion performed when the probable gestational age was determined to be 20 or more weeks, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would other available methods. (b) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (a) of this Code section. Each such report shall also provide the statistics for all previous calendar years during which this Code section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed. (c) The department shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50. (d) Any physician who fails to submit a report by the end of the grace period of 30 days following the due date shall be subject to sanctions as specified in subsection (e) of Code Section 31-9A-6. (e) The department shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section." SECTION 4. Said title is further amended by revising paragraph (2) of Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act," as follows: "(2) 'Medical emergency' means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or MONDAY, MARCH 26, 2012 3103 for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function. 'Medical emergency' means any condition which, in reasonable medical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function of the pregnant woman or death of the unborn child. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function." SECTION 5. For purposes of promulgating rules and regulations, this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2013. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senators Stone of the 23rd, Bulloch of the 11th and Millar of the 40th offered the following amendment #1: Amend the substitute to HB 954 by inserting in the title after "performance of abortions"; the following: to change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act"; By deleting "and" at the end of paragraph (4) in Section 1 and adding a new paragraph (4.1) to read as follows: (4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; and By adding after Section 3 a new section to read as follows: SECTION 3A. Said title is further amended by revising Code Section 31-9A-6.1, relating to civil and professional penalties for violations of the "Woman's Right to Know Act," as follows: "31-9A-6.1. (a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action. (b) Any plaintiff seeking relief in the form of civil remedies for a violation of Code Section 31-9B-4 shall produce clear and convincing evidence that the physician 3104 JOURNAL OF THE SENATE determining the probable gestational age of the fetus or the physician whose determination was relied upon was negligent in his or her determination. (c) Any female who solicits or conspires to solicit an abortion who makes a false representation of her age or name shall not have standing to state a claim against any party pursuant to this chapter or Chapter 9B of this title nor shall any agency or instrumentality of the state consider any action related to such claim." 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 26, nays 21, and the Stone, et al. amendment #1 to the committee substitute was adopted. Senators Hooks of the 14th and Thompson of the 33rd offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to HB 954 (LC 25 6051S) by revising line 3 to read as follows: amend Title 31 of the Official By revising line 5 to read as follows: determination of gestational age prior to abortion; to prohibit abortion under certain circumstances; to provide for sanctions and civil and administrative proceedings; to provide for certain reporting By revising lines 28 and 29 to read as follows: abortion, is amended by revising Code Section 16-12-140, relating to criminal abortion, as follows: By adding quotation marks at the end of line 37. By deleting lines 38 through 82. By replacing lines 105 through 107 with the following: (b)(1) No abortion is authorized or shall be performed if the probable gestational age of the unborn child has been determined in accordance with subsection (a) of this Code section to be 20 weeks or more unless the abortion is necessary to: (A) Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in MONDAY, MARCH 26, 2012 3105 substantial and irreversible physical impairment of a major bodily function; or (B) Preserve the life of an unborn child. (2) In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. If the child is capable of sustained life, medical aid then available must be rendered. (d) Failure by any physician to conform to any requirement of this Code section shall constitute unprofessional conduct for purposes of paragraph (7) of subsection (a) of Code Section 43-34-8, relating to medical licensing sanctions. (c) In any civil or administrative action by a party seeking relief or sanctions for an alleged violation of this Code section, the standard of proof required to establish a violation shall be clear and convincing evidence. By replacing lines 109 through 112 with the following: (a) Any health facility licensed by the department as an abortion facility and at which an abortion was performed or attempted shall report to the department in accordance with forms and rules and regulations of the department: By replacing line 139 with the following: (c) The department shall ensure that the names and identities of any physicians included in By deleting lines 142 through 144. By replacing "(e)" with "(d)" at the beginning of line 145. Senator Hooks of the 14th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Hooks, Thompson of the 33rd amendment #2 to the committee substitute was withdrawn. Senator Thompson of the 5th offered the following amendment #3: Amend the substitute to HB 954 by inserting in the title after "performance of abortions"; the following: to change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act"; 3106 JOURNAL OF THE SENATE By deleting "and" at the end of paragraph (4) in Section 1 and adding a new paragraph (4.1) to read as follows: (4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; and By adding after Section 3 a new section to read as follows: SECTION 3A. Said title is further amended by revising Code Section 31-9A-6.1, relating to civil and professional penalties for violations of the "Woman's Right to Know Act," as follows: "31-9A-6.1. (a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action. (b) Any plaintiff seeking relief in the form of civil remedies for a violation of Code Section 31-9B-4 shall produce clear and convincing evidence that the physician determining the probable gestational age of the fetus or the physician whose determination was relied upon was negligent in his or her determination. (c) Any female who solicits or conspires to solicit an abortion who makes a false representation of her age or name shall not have standing to state a claim against any party pursuant to this chapter or Chapter 9B of this title nor shall any agency or instrumentality of the state consider any action related to such claim." Senator Thompson of the 5th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Thompson of the 5th amendment #3 to the committee substitute was withdrawn. Senators Orrock of the 36th, Davenport of the 44th, Butler of the 55th, Tate of the 38th and Sims of the 12th offered the following amendment #4: Amend the Senate Health and Human Services Committee substitute to HB 954 (LC 25 6051S) by replacing line 54 with the following: physicians certify that the unborn child is not viable, as such term is defined in Code Section 31-9B-1, or in reasonable medical judgment the abortion is necessary in their By inserting after line 99 the following: (7) 'Viable' means that stage when, in the best medical judgment of the attending physician based on the facts of the case before the physician, there is a reasonable likelihood of the fetus's sustained survival outside of the womb. By replacing line 101 with the following: (a) Except in the case of a medical emergency or when an unborn child is not viable, no abortion shall be performed or MONDAY, MARCH 26, 2012 3107 By replacing line 116 with the following: determination that a medical emergency existed or that the unborn child was not viable; By inserting "that the unborn child was not viable or" after "determination" on line 118. By inserting "the unborn child was not viable or that" after "that" on line 127. On the adoption of the amendment, the yeas were 18, nays 34, and the Orrock, et al. amendment #4 to the committee substitute was lost. Senators Stoner of the 6th, James of the 35th, Butler of the 55th, Henson of the 41st, Sims of the 12th and others offered the following amendment #5: Amend the Senate Health and Human Services committee substitute to HB 954 (LC 25 6051S) by inserting after "more" on line 53 the following: unless the pregnancy is the result of rape or incest or On the adoption of the amendment, the President asked unanimous consent. Senator Unterman of the 45th objected. On the adoption of the amendment, Senator Stoner of the 6th called for the yeas and nays; the call was sustained, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams 3108 JOURNAL OF THE SENATE On the adoption of the amendment, the yeas were 18, nays 36, and the Stoner, et al. amendment #5 to the committee substitute was lost. Senators Orrock of the 36th, James of the 35th, Butler of the 55th, Tate of the 38th and Sims of the 12th offered the following amendment #6: Amend the Senate Health and Human Services Committee substitute to HB 954 (LC 25 6051S) by replacing lines 56 through 61 with the following: (A) Avert the death or serious risk to the health of the pregnant woman; or By replacing lines 118 through 130 with the following: the determination that a medical emergency existed or the basis of the determination that it was necessary to preserve the life of an unborn child; and (4) The method used for the abortion and, in the case of an abortion performed when the probable gestational age was determined to be 20 or more weeks, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that a medical emergency existed. By replacing lines 150 through 162 with the following: "(2) 'Medical emergency' means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function to the pregnant female's health." On the adoption of the amendment, the yeas were 17, nays 34, and the Orrock, et al. amendment #6 to the committee substitute was lost. Senators Paris of the 26th, Butler of the 55th, Tate of the 38th, Sims of the 12th and Henson of the 41st offered the following amendment #7: Amend the Senate Health and Human Services committee substitute to HB 954 (LC 25 6051S) by replacing "20" with "24" on lines 53, 117, and 124. On the adoption of the amendment, the yeas were 18, nays 34, and the Paris, et al. amendment #7 to the committee substitute was lost. Senators Seay of the 34th, James of the 35th, Butler of the 55th, Tate of the 38th and Sims of the 12th offered the following amendment #8: Amend the Senate Health and Human Services committee substitute to HB 954 (LC 25 6051S) by deleting "(1)" on line 51. MONDAY, MARCH 26, 2012 3109 By replacing "(A)" on line 56 with "(1)". By replacing "(B)" on line 62 with "(2)". By deleting lines 65 to 76. On the adoption of the amendment, the yeas were 15, nays 33, and the Seay, et al. amendment #8 to the committee substitute was lost. Senators Bulloch of the 11th, Millar of the 40th, Grant of the 25th and Staton of the 18th offered the following amendment #9: Amend the Senate Health and Human Services Committee substitute to HB 954 (LC 25 6051S) by replacing line 54 with the following: physicians certify that the pregnancy is diagnosed as medically futile, as such term is defined in Code Section 31-9B-1, or in reasonable medical judgment the abortion is necessary in their By inserting between lines 90 and 91 the following: (3) 'Medically futile' means that stage of a pregnancy when, in the judgment of the attending physician using the appropriate standard of care for making such a determination, he or she diagnoses the unborn child with a congenital or chromosomal anomaly that is incompatible with life. By renumbering paragraphs (3) through (6) as paragraphs (4) through (7), respectively, on lines 91, 92, 96, and 99. By replacing line 101 with the following: (a) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, no abortion shall be performed or By replacing line 116 with the following: determination that a medical emergency existed or that a pregnancy was diagnosed as medically futile; By inserting "had a medically futile pregnancy or" after "woman" on line 118. By inserting "the pregnancy was medically futile or that" after "that" on line 127. On the adoption of the amendment, Senator Hill of the 32nd called for the yeas and nays; the call was sustained, and the vote was as follows: 3110 JOURNAL OF THE SENATE N Albers N Balfour N Bethel Y Bulloch Y Butler N Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon Y Millar N Miller N Mullis Y Murphy Y Orrock Y Paris Y Ramsey N Rogers Y Seay N Shafer Y Sims Y Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins Y Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 31, nays 23, and the Bulloch, et al. amendment #9 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C MONDAY, MARCH 26, 2012 3111 N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 36, nays 19. HB 954, having received the requisite constitutional majority, was passed by substitute. At 7:12 p.m. the President announced that the Senate would stand in recess until 8:15 p.m. At 8:15 p.m. the President called the Senate to order. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. HB 769. By Representatives Geisinger of the 48th, Willard of the 49th, Oliver of the 83rd, Lindsey of the 54th, Cooper of the 41st and others: A BILL to be entitled an Act to amend Chapter 10 of Title 46 of the Official Code of Georgia Annotated, relating to the consumers' utility counsel division, so as to provide that, until such time as the division is appropriately funded, it shall not be necessary to file copies of filings with the Public Service Commission with the division; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J N Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims 3112 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 1. HB 769, having received the requisite constitutional majority, was passed. HB 792. By Representatives Casas of the 103rd, Hembree of the 67th, Allison of the 8th, Amerson of the 9th and Ehrhart of the 36th: A BILL to be entitled an Act to amend Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for authorization to operate by means of accreditation for nonpublic postsecondary institutions that meet certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Loudermilk of the 52nd. The Senate Higher Education Committee offered the following substitute to HB 792: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," so as to provide for authorization to operate by means of accreditation for nonpublic postsecondary institutions that meet certain requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 26, 2012 3113 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-3-250.8 of the Official Code of Georgia Annotated, relating to applications to operate or conduct postsecondary activities under the "Nonpublic Postsecondary Educational Institutions Act of 1990," is amended by revising subsection (a) as follows: "(a)(1) Each nonpublic postsecondary educational institution desiring to operate or conduct postsecondary activities in this state shall make application to the commission, upon forms to be provided by the commission. Such application shall be accompanied by a catalog or other written description published, or proposed to be published, by the institution, containing the information specified in subparagraph (a)(1)(D) of Code Section 20-3-250.6, including information required by rules and regulations of the commission. Such application shall also be accompanied by evidence of a surety bond if required by Code Section 20-3-250.10 and subsection (c) of Code Section 20-3250.27 and shall be accompanied by payment of the fees specified in Code Section 203-250.11; provided, however, that when making application to the commission for authorization to operate, those institutions exempt from certain provisions of this part pursuant to the provisions of paragraph (10) of subsection (a) of Code Section 20-3250.3 or subsection (c) of Code Section 20-3-250.3 shall be required to submit only those documents pertaining to provisions of this part from which such institutions are not exempt. (2)(A) Notwithstanding paragraph (1) of this subsection, a nonpublic postsecondary educational institution that meets the following criteria may apply for an authorization to operate by means of accreditation from the commission: (i) The institution has operated legally in this state for at least ten consecutive years; (ii) The institution holds institutional accreditation by an accrediting agency that is recognized by either the Council for Higher Education Accreditation or the United States Department of Education for at least ten consecutive years; and (iii) The institution has no unresolved complaints to or actions by the commission against it in the past 12 months. (B) The commission may not require an institution granted an authorization to operate by means of accreditation to submit information or reports that differ from the information or reports required by its accrediting association; provided, however, that each such institution shall file with the commission an application for renewal which shall be accompanied by payment of the fees specified in Code Section 20-3-250.11 and shall follow all other applicable requirements of this part. (C) An institution granted an authorization to operate by means of accreditation shall be required to apply for and obtain a regular authorization to operate for any new or existing program which exceeds the level or scope of such institution's accreditation." 3114 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 5. HB 792, having received the requisite constitutional majority, was passed by substitute. HB 795. By Representatives Powell of the 29th, Rice of the 51st, Battles of the 15th and Johnson of the 37th: 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 definitions related to all-terrain vehicles, recreational off-highway vehicles, and off-road vehicles to make such definitions consistent with current industry standards MONDAY, MARCH 26, 2012 3115 and practices; 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 795, having received the requisite constitutional majority, was passed. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. HB 797. By Representatives Jones of the 46th, Coleman of the 97th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to revise funding for state chartered special schools; to provide for submittal of charter petitions to the Charter Committee of the State Board of Education; to 3116 JOURNAL OF THE SENATE provide for resubmittal of a charter petition to a local board of education upon expiration of the charter term of a state chartered special school; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Chance of the 16th. The Senate Education and Youth Committee offered the following substitute to HB 797: A BILL TO BE ENTITLED AN ACT To amend Title 20 of the Official Code of Georgia Annotated, relating to education, so as to repeal an article relating to the Georgia Charter Schools Commission; to provide for legislative findings and intent; to provide for definitions; to provide for the establishment of the State Charter Schools Commission; to provide for its membership, duties, and powers; to provide for requirements for state charter schools; to provide for information to parents; to provide for an annual report; to provide for financial responsibility; to provide for funding for state charter schools; to provide for rules and regulations; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by repealing Article 31A of Chapter 2, relating to the Georgia Charter Schools Commission, and enacting a new article to read as follows: "ARTICLE 31A 20-2-2080. (a) The General Assembly finds that: (1) State charter schools can serve as a complement to the educational opportunities provided by local boards of education in the state's system of public education; and (2) State charter schools do not supplant public schools operated by local boards of education but provide options to enhance public educational opportunities. (b) It is the intent of the General Assembly that there be established a state-level commission under the authority of the State Board of Education whose primary focus is the development and support of state charter schools in order to better meet the growing and diverse needs of students in this state and to further ensure that state charter schools of the highest academic quality are approved and supported throughout the state in an efficient manner. MONDAY, MARCH 26, 2012 3117 20-2-2081. As used in this article, the term: (1) 'Attendance zone' means all or a portion of a local school system, one or more local school systems or portions thereof, or all local school systems in this state. (2) 'Commission' means the State Charter Schools Commission established pursuant to Code Section 20-2-2082. (3) 'Department' means the state Department of Education. (4) 'Governing board' means the governing board of the nonprofit organization which is the charter petitioner for a state charter school and which is the same as the governing board of the state charter school which is involved in school-level governance of the state charter school. (5) 'State charter school' means a school authorized by the commission pursuant to this article whose creation is authorized as a special school pursuant to Article VIII, Section V, Paragraph VII of the Constitution. A state charter school shall be a public school. The definitions set forth in Code Section 20-2-2062 shall be applicable to this article. 20-2-2082. (a) The State Charter Schools Commission is established as a state-level authorizing entity working in collaboration with the Department of Education under the authority of the State Board of Education. Start-up funds necessary to establish and operate the commission may be received by the State Board of Education in addition to such other funds as may be appropriated by the General Assembly. The department shall assist in securing federal and other institutional grant funds to establish the commission. (b) The commission shall be appointed by the State Board of Education and shall be composed of a total of seven members and made up of three appointees recommended by the Governor, two appointees recommended by the President of the Senate, and two appointees recommended by the Speaker of the House of Representatives. The Governor, the President of the Senate, and the Speaker of the House of Representatives shall each recommend a list of no fewer than two nominees for each appointment to the commission. The appointments shall be made as soon as feasible but no later than the first regular meeting of the State Board of Education in February, 2013. Each member shall serve a term of two years; provided, however, that, for the purpose of providing staggered terms, of the initial appointments, three members shall be appointed to oneyear terms and four members shall be appointed to two-year terms as determined by the State Board of Education. Thereafter, each appointee shall serve a two-year term unless the State Board of Education, after review and upon recommendation by the initial recommending authority, extends the appointment. If a vacancy occurs on the commission, it shall be filled by the State Board of Education from a recommendation by the appropriate authority according to the procedure set forth in this subsection. The members of the commission shall annually vote to appoint a chairperson and a vice chairperson from among its membership. Each member of the commission shall hold a bachelor's degree or higher, and the commission should include a group of diverse 3118 JOURNAL OF THE SENATE individuals representative of Georgia's school population, to the extent possible, with respect to race, sex, and geography who have experience in finance, administration, law, and education. (c) The commission is encouraged to convene its first meeting no later than March 1, 2013, and thereafter shall meet at least bimonthly at the call of the chairperson or upon the request of four members of the commission. Four members of the commission shall constitute a quorum. (d) The commission shall determine the manner in which it reviews state charter school petitions and may, in its discretion, use existing department personnel to conduct such review. (e) The members of the commission shall not be compensated for their services on the commission but may be reimbursed for per diem and travel expenses in the same manner as provided for in Code Section 45-7-21. (f) No commission member shall solicit or accept any gift, favor, loan, 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 commission member in the discharge of his or her duties as a commission member. 20-2-2083. (a) The commission shall have the power to: (1) Approve or deny petitions for state charter schools and renew, nonrenew, or terminate state charter school petitions in accordance with rules and regulations established pursuant to this article. At its discretion, the commission may preliminarily approve a petition for a state charter school before the petitioner has secured space, equipment, or personnel, if the petitioner indicates such preliminary approval is necessary for it to raise working capital. The State Board of Education shall review and may overrule the approval or renewal of a state charter school by the commission within 60 days of such decision by the commission upon a majority vote of the members of the state board; and (2) Conduct facility and curriculum reviews of state charter schools. (b) The commission shall have the following duties: (1) Review petitions for state charter schools and assist in the establishment of state charter schools throughout this state. The commission shall ensure that all charters for state charter schools are consistent with state education goals; (2) Develop, promote, and disseminate best practices for state charter schools in order to ensure that high-quality schools are developed and encouraged. At a minimum, the best practices shall encourage the development and replication of academically and financially proven state charter school programs; (3) Develop, promote, and require high standards of accountability for state charter schools. The commission shall ensure that each state charter school participates in the state's education accountability system. If a state charter school falls short of performance measures included in the approved charter, the commission shall report MONDAY, MARCH 26, 2012 3119 such shortcomings to the Department of Education; (4) Monitor and annually review and evaluate the academic and financial performance, including revenues and expenditures, of state charter schools and hold the schools accountable for their performance pursuant to the charter and to the provisions of this article. The commission shall also review the citizenship and immigration status of each individual that works at a state charter school and aggregate the information by school on an annual basis. The commission's duties to monitor the state charter school shall not constitute the basis for a private cause of action; (5) Direct state charter schools and persons seeking to establish state charter schools to sources of private funding and support; (6) Actively seek, with the assistance of the department, supplemental revenue from federal grant funds, institutional grant funds, and philanthropic organizations. The commission may receive and expend gifts, grants, and donations of any kind from any public or private entity to carry out the purposes of this article; (7) Review and recommend to the General Assembly any necessary revisions to statutory requirements regarding standards and accountability for state charter schools; (8) Act as liaison for state charter schools in cooperating with local boards of education that may choose to allow state charter schools to utilize excess space within school facilities; (9) Encourage collaboration with municipalities, counties, consolidated governments, universities or colleges of the board of regents, technical institutions of the Technical College System of Georgia, and regional educational service agencies; (10) Meet the needs of state charter schools and local school systems by uniformly administering high-quality state charter schools, thereby removing administrative burdens from the local school systems; (11) Assist state charter schools in negotiating and contracting with local boards of education that choose to provide certain administrative or transportation services to the state charter schools on a contractual basis; and (12) Provide for annual training, as determined by the commission, for members of state charter school governing boards. The training shall include, but not be limited to, best practices on school governance, the constitutional and statutory requirements relating to public records and meetings, and the requirements of applicable statutes and rules and regulations. (c)(1) The commission shall establish rules and regulations requiring each state charter school to provide adequate notice of its enrollment procedures, including any provision for the use of a random selection process where all applicants have an equal chance of being admitted in the event that the number of applications to enroll in the school exceeds the capacity of the program, grade, or school. (2) The commission shall provide adequate notice to local boards of education and to the public regarding meetings to be held by the commission. Such notice shall include the charter petitions to be discussed and acted upon. Such notice shall be 3120 JOURNAL OF THE SENATE provided in accordance with Chapter 14 of Title 50, relating to open and public meetings. 20-2-2084. (a) Petitions submitted to the commission shall be subject to rules and regulations established pursuant to this article. (b) The commission shall be authorized to approve a petition for a state charter school that meets the following requirements: (1) Has a state-wide attendance zone; or (2)(A) Has a defined attendance zone; and (B) Demonstrates that it has special characteristics, such as a special population, a special curriculum, or some other feature or features which enhance educational opportunities, which may include the demonstration of a need to enroll students across multiple communities or an alternative delivery system; provided, however, that the petitioner shall demonstrate a reasonable justification for any proposed special curriculum that has a narrow or limited focus. (c)(1) For petitions for state charter schools with a state-wide attendance zone, the petitioner shall submit such petition to the commission and concurrently to the local board of education in which the school is proposed to be located for information purposes; provided, however, that this shall not apply to a proposed state charter school which will solely provide virtual instruction. (2) For petitions for state charter schools with a defined attendance zone, the petitioner shall concurrently submit such petition to the commission, to the local board of education in which the school is proposed to be located, and to each local school system from which the proposed school plans to enroll students. The commission shall not act on a petition unless the local board of education in which the school is proposed to be located denies the petition; provided, however, that such local board shall approve or deny the petition no later than 60 days after its submission, as required pursuant to subsection (b) of Code Section 20-2-2064, unless the petitioner requested an extension. Failure to approve or deny such petition by such local board, in violation of Code Section 20-2-2064, shall be deemed a denial for purposes of this paragraph. A local board that has denied a petition for a state charter school shall be permitted to present to the commission in writing or in person the reasons for denial and the deficiencies in such petition resulting in such denial. (3) The commission may take into consideration any support or opposition by the local board of education or local boards of education on the start-up charter school petition when it votes to approve or deny a corresponding state charter school petition. (d) A state charter school shall: (1) Seek highly qualified, properly trained teachers and other qualified personnel for such schools; provided, however, that such schools shall give preference to hiring an individual who is a citizen or national of the United States over another individual who is not a citizen or national of the United States if the two individuals are equally qualified, unless a teacher is a foreign exchange teacher; provided, however, that prior MONDAY, MARCH 26, 2012 3121 to hiring an individual other than a citizen or national of the United States or a protected individual as defined in 8 U.S.C. Section 1324b, the school shall receive approval by the commission and demonstrate that qualified teachers and other personnel were sought but not available in such area which warrants hiring an individual other than a citizen or national of the United States or a protected individual as defined in 8 U.S.C. Section 1324b, unless a teacher is a foreign exchange teacher; provided, further, that the commission and the state charter school shall not construe this paragraph in a manner in violation of 8 U.S.C. Section 1324b or other provisions of law; and (2) Give preference in contracting and purchasing of services and materials to businesses incorporated under the laws of this state or qualified to do business within this state and having a regularly maintained and established place of business within this state, so long as such businesses are otherwise similarly situated and qualified as compared to a business from out of state. (e)(1) The members of the governing board for the state charter school shall meet the following qualifications: (A) Must be a United States citizen; (B) Must be a resident of Georgia; and (C) Must not be an employee of the state charter school. (2) No member of the governing board of the state charter school shall: (A) 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; (B) 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 duties as a board member; (C) Use, or knowingly allow to be used, his or her 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 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; or (D) Be an officer or serve on the board of directors of any organization that sells goods or services to that state charter school. 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. (f) The members of the governing board of each state charter school shall participate in annual training conducted by the commission pursuant to paragraph (12) of subsection (b) of Code Section 20-2-2083. 3122 JOURNAL OF THE SENATE (g) An individual that works at a state charter school or an individual that has administrative oversight at a state charter school shall not serve on the board of directors of an organization that sells goods or services to such state charter school. 20-2-2085. A petition may be submitted pursuant to this Code section by an existing charter school approved by a local board of education or the State Board of Education provided that the obligations of its charter with the local board of education or State Board of Education will expire prior to entering into a new charter with the commission. Upon the existing charter school's request, a local board of education or the State Board of Education in the case of a state chartered special school may agree to rescind or waive the obligations of a current charter to allow a petition to be submitted by an existing charter school pursuant to this Code section. An existing charter school that is established as a state charter school pursuant to this Code section shall be allowed to continue the use of all facilities, equipment, and other assets it used prior to the expiration or rescission of its charter with a local board of education; provided, however, that the local board shall be authorized to charge or continue to charge a reasonable fee for use of the facilities. 20-2-2086. The commission shall provide maximum access to information regarding state charter schools to all parents in this state. It shall maintain information systems, including, but not limited to, a user-friendly Internet website, that will provide information and data necessary for parents to make informed decisions. At a minimum, the commission shall provide parents with information on its accountability standards, links to state charter schools throughout this state, and public education programs concerning state charter schools. 20-2-2087. Each year, the chairperson of the commission shall appear before the State Board of Education and submit a report regarding the academic performance and fiscal responsibility of all state charter schools approved under this article. 20-2-2088. If a charter for a state charter school is not renewed or is terminated, the state charter school shall be responsible for all debts of such school. Neither the state, the State Board of Education, or the commission shall be liable for any debts of the school in the event the charter is not renewed or is terminated. The local school system may not assume the debt from any contract for services made between the governing body of the state charter school and a third party, except for a debt for which the local school system has agreed upon in writing to assume responsibility. MONDAY, MARCH 26, 2012 3123 20-2-2089. (a)(1) The earnings for a student in a state charter school shall be equal to the earnings for any other student with similar student characteristics in a state charter school, regardless of the local school system in which the student resides or the school system in which the state charter school is located, and, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state charter school through appropriation of state funds an amount equal to the sum of: (A)(i) QBE formula earnings and QBE grants earned by the state charter school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. 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 20-2184.1, and staff development, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department. (2) In the event that a state charter school offers virtual instruction: (A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the commission if relevant factors warrant such increase; and (B) The commission may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction. (3) For purposes of this subsection, the terms: (A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full- 3124 JOURNAL OF THE SENATE time equivalent count for the year of the digest. (b) The department may withhold up to 3 percent of the amount determined pursuant to subsection (a) of this Code section for each state charter school for use in administering the duties required pursuant to Code Section 20-2-2083; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the commission in performing the duties required by this article. (c) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state charter school of a specific student or students who reside in the geographical area of the local school system. (d) For purposes of funding students enrolled in a state charter school in the first year of such school's operation or for the first year that an existing state charter school offers a new grade level and prior to the initial student count, the commission shall calculate and the department shall distribute the funding for the state charter school on the basis of its projected enrollment according to an enrollment counting procedure or projection method stipulated in the terms of the charter. No later than July 1 of each year, the commission shall notify the department and the Office of Planning and Budget of the funding estimates calculated pursuant to this subsection for any new state charter schools and for any new grade levels offered by existing state charter schools. After the initial student count during the first year of such state charter school's operation or newly offered grade level and in all years of operation thereafter, each state charter school's student enrollment shall be based on the actual enrollment in the current school year according to the most recent student count. Nothing in this Code section shall be construed to require the department to conduct more than two student counts per year. (e) Funding for state charter schools pursuant to this Code section shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants. 20-2-2090. The commission shall work in collaboration with the department on all matters related to authorizing state charter schools and shall be assigned to the department for administrative purposes only, as prescribed in Code Section 50-4-3. For administrative purposes, including data reporting, student enrollment counting procedures, student achievement reporting, funding allocations, and related purposes as defined by the State Board of Education, each state charter school shall, consistent with department rules and regulations, be treated as a single local education agency. 20-2-2091. The commission and the State Board of Education, as appropriate, shall adopt rules and regulations necessary to facilitate the implementation of this article. Except as otherwise provided in this article, any rules and regulations adopted by the State Board of Education pursuant to this article, to the extent practicable, shall be established in the MONDAY, MARCH 26, 2012 3125 same manner and subject to the same requirements as for state chartered special schools under Article 31 of this chapter." SECTION 2. (a) This Act shall become effective on January 1, 2013, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools is ratified at the November, 2012, general election. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Fort of the 39th, Stoner of the 6th, Henson of the 41st, Sims of the 12th and Paris of the 26th offered the following amendment #1: Amend the Senate Education and Youth Committee substitute to HB 797 (LC 33 4758S) by inserting after "Section 20-2-164" on line 279 the following: less an amount equal to the average of the 5 mill share for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department By substituting "one-half" for "two-thirds" on lines 296 and 297. By replacing line 337 with the following: and grants, including any reductions due to austerity. By striking "funding allocations," from line 343. By replacing lines 344 and 345 with the following: Education, state charter schools shall, consistent with department rules and regulations, be treated as contained within a single, state-wide local education agency. This local education agency shall be administered by the Department of Education, which shall ensure that state charter schools receive the support required by this article, including, but not limited to, establishing procedures to ensure that state charter schools receive the funding required by Code Section 20-2-2089. This Code section shall not be construed to authorize a state charter school to receive funding for central administration costs, and the total funding provided to a state charter school pursuant to this article shall be as determined pursuant to Code Section 20-2-2089. On the adoption of the amendment, the yeas were 16, nays 27, and the Fort, et al. amendment #1 to the committee substitute was lost. 3126 JOURNAL OF THE SENATE Senators Fort of the 39th, Stoner of the 6th, Henson of the 41st, Paris of the 26th, James of the 35th and others offered the following amendment #2: Amend the Senate Education and Youth Committee substitute to HB 797 (LC 33 4758S) by striking lines 90-93 and inserting in lieu thereof: established pursuant to this article. The State Board of Education shall review and may 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: N Albers Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant E Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson Williams On the adoption of the amendment, the yeas were 17, nays 33, and the Fort, et al. amendment #2 to the committee substitute was lost. Senators Fort of the 39th, Stoner of the 6th, Henson of the 41st, Paris of the 26th, Tate of the 38th and others offered the following amendment #3: Amend the Senate Education and Youth Committee substitute to HB 797 (LC 33 4758S) by inserting after line 85 the following: (g) With respect to commission members, the applicable provisions of Part 1 of Article 2 of Chapter 10 of Title 45 regarding conflicts of interest for public officers and employees shall also extend to transactions between commission members and a state charter school, a nonprofit organization which is the charter petitioner for a state charter school, or a management company operating a state charter school. MONDAY, MARCH 26, 2012 3127 By inserting after line 234 the following: (h) Members of governing boards of state charter schools and their immediate family members, as defined in subsection (e) of this Code section, shall be subject to the same conflict of interest provisions and code of ethics requirements, to the extent possible, as members of local boards of education. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant E Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 34, and the Fort, et al. amendment #3 to the committee substitute was lost. Senators Fort of the 39th, Stoner of the 6th, Henson of the 41st, Paris of the 26th, Butler of the 55th and others offered the following amendment #4: Amend the Senate Education and Youth Committee substitute to HB 797 (LC 33 4758S) by inserting after "article." on line 90 the following: The commission shall not approve or renew a charter petition for a state charter school which is proposed to be managed by a private for profit management company. In the event that a charter petition for a state charter school proposes to be managed by a private nonprofit management company, the charter petitioner shall make public the amount to be paid to such private nonprofit management company for the operation of such state charter school prior to approval by the commission. 3128 JOURNAL OF THE SENATE On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Fort N Ginn N Goggans N Golden N Gooch N Grant E Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C N Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 15, nays 36, and the Fort, et al. amendment #4 to the committee substitute was lost. Senators Fort of the 39th, Stoner of the 6th, Henson of the 41st, Paris of the 26th, James of the 35th and others offered the following amendment #5: Amend the Senate Education and Youth Committee substitute to HB 797 (LC 33 4758S) by striking lines 175 through 178 and inserting in lieu thereof the following: the petition; provided, however, that, notwithstanding subsection (b) of Code Section 202-2064, such local board shall approve or deny the petition no later than 90 days after its submission, unless the petitioner requested an extension in the same manner as provided in subsection (b) of Code Section 20-2-2064. Failure to approve or deny such petition by such local board shall be On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel E Hamrick E Harbison N Heath Y Orrock Y Paris E Ramsey MONDAY, MARCH 26, 2012 3129 N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant Y Henson N Hill, Jack N Hill, Judson Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 35, and the Fort, et al. amendment #5 to the committee substitute was lost. Senator Millar of the 40th offered the following amendment #6: Amend the Senate Education and Youth Committee substitute to HB 797 (LC 33 4758S) by inserting after "regulations;" on line 7 the following: to revise a provision relating to additional charter system earnings for each full-time equivalent student; By striking lines 353 through 360 and inserting in lieu thereof the following: SECTION 2. Said title is further amended by revising Code Section 20-2-165.1, relating to charter system earnings for each full-time equivalent student, as follows: "20-2-165.1. (a) In addition to the amounts earned by a charter system pursuant to subsection (b) of Code Section 20-2-161, a charter system shall earn 3.785 percent of the base amount established pursuant to subsection (a) of Code Section 20-2-161 for each full-time equivalent student in each school within the charter system. (b) This Code section shall only apply to local school systems which were charter systems as of January 1, 2012. (c) For local school systems which were charter systems as of January 1, 2012, such charter systems shall only be eligible to receive funds pursuant to this Code section through the end of the current term of their charter." 3130 JOURNAL OF THE SENATE SECTION 3. (a)(1) Section 1 of this Act shall become effective on January 1, 2013, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools is ratified at the November, 2012, general election. (2) If such an amendment to the Constitution is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. (b) All other sections of this Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch N Butler N Carter, B N Carter, J Chance N Cowsert N Crane N Crosby N Davenport N Davis N Fort N Ginn N Goggans N Golden N Gooch N Grant E Hamrick E Harbison N Heath N Henson N Hill, Jack N Hill, Judson Hooks N Jackson, B N Jackson, L N James N Jeffares N Jones N Ligon N Loudermilk N McKoon Y Millar N Miller N Mullis N Murphy N Orrock N Paris E Ramsey N Rogers N Seay N Shafer N Sims N Staton N Stone N Stoner N Tate N Thompson, C N Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 1, nays 50, and the Millar amendment #6 to the committee substitute was lost. Senators Chance of the 16th, Jackson of the 24th, Millar of the 40th and Miller of the 49th offered the following amendment #7: Amend HB 797 (LC 33 4758S) by inserting after "regulations;" on line 7 the following: to revise provisions relating to funding for state chartered special schools; MONDAY, MARCH 26, 2012 3131 By inserting between lines 352 and 353 the following: SECTION 2A. Said title is further amended by revising subsection (d) of Code Section 20-2-2068.1, relating to funding for charter schools, as follows: "(d)(1) QBE formula earnings, applicable QBE grants, applicable non-QBE state grants, and applicable federal grants that are earned by a state chartered special school shall be distributed to the local board of the local school system in which the state chartered special school is located which shall distribute the same amount to the state chartered special school; provided, however, that a state chartered special school shall not be included in the calculation and distribution of the local school system's equalization grant unless the voters of the local school system have approved the use of revenue from local tax levies and funds from local bonded indebtedness to support the state chartered special school in accordance with subsection (e) of this Code section. If such approval has been given, state equalization grant earnings shall be earned for the state chartered special school and shall be distributed as provided in subsection (f) of this Code section. Effective July 1, 2012, except as otherwise provided in paragraph (2) of this subsection, the department shall pay to each state chartered special school through appropriation of state funds an amount equal to the sum of: (A)(i) QBE formula earnings and QBE grants earned by the state chartered special school based on the school's enrollment, school profile, and student characteristics. For purposes of this subparagraph, the term 'QBE formula earnings' means funds earned for the Quality Basic Education Formula pursuant to Code Section 20-2-161, including the portion of such funds that are calculated in accordance with Code Section 20-2-164. 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, as determined by the department. (ii) A proportional share of earned state categorical grants, non-QBE state grants, transportation grants, school nutrition grants, and all other state grants, except state equalization grants, as determined by the department; (B) The average amount of the total revenues less federal revenues less state revenues other than equalization grants per full-time equivalent for the lowest five school systems ranked by assessed valuation per weighted full-time equivalent count, as determined by the department; and (C) The state-wide average total capital revenue per full-time equivalent, as determined by the department. (2) In the event that a state chartered special school offers virtual instruction: (A) The amount of funds received pursuant to subparagraph (B) of paragraph (1) of this subsection shall be equal to two-thirds of such calculated amount; provided, 3132 JOURNAL OF THE SENATE however, that this two-thirds amount may be increased by any amount up to the originally calculated amount in the discretion of the department if relevant factors warrant such increase; and (B) The department may reduce the amount of funds received pursuant to subparagraph (C) of paragraph (1) of this subsection in proportion to the amount of virtual instruction provided and based on factors that affect the cost of providing instruction. (3) For purposes of this subsection, the terms: (A) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (B) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted fulltime equivalent count for the year of the digest. (4) The department may withhold up to 3 percent of the amount determined pursuant to paragraphs (1) and (2) of this subsection for each state chartered special school for use in administering the duties required pursuant to this article with respect to state chartered special schools; provided, however, that any amount withheld pursuant to this subsection shall be spent solely on expenses incurred by the department in performing the duties required by this article with respect to state chartered special schools. (5) No deduction shall be made to any state funding which a local school system is otherwise authorized to receive pursuant to this chapter as a direct result or consequence of the enrollment in a state chartered special school of a specific student or students who reside in the geographical area of the local school system. (6) Funding for state chartered special schools pursuant to this subsection shall be subject to appropriations by the General Assembly and such schools shall be treated consistently with all other public schools in this state, pursuant to the respective statutory funding formulas and grants. (7) The local board shall not be responsible for the fiscal management, accounting, or oversight of the state chartered special school. The state chartered special school shall report enrolled students in a manner consistent with Code Section 20-2-160. Any data required to be reported by the state chartered special school shall be submitted directly by the school to the appropriate state agency. Where feasible, the state board shall treat a state chartered special school no less favorably than other public schools within the state with respect to the provision of funds for transportation and building programs." By replacing lines 353 through 360 with the following: SECTION 3. (a)(1) Section 1 of this Act shall become effective on January 1, 2013, only if a Constitutional amendment expressly authorizing the General Assembly to create state charter schools as special schools is ratified at the November, 2012, general election. MONDAY, MARCH 26, 2012 3133 (2) If such an amendment to the Constitution is not so ratified, then Section 1 of this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. (b) All other sections of this Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the amendment, there were no objections, and the Chance, et al. amendment #7 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 38, nays 14. HB 797, having received the requisite constitutional majority, was passed by substitute. 3134 JOURNAL OF THE SENATE HB 817. By Representatives Nimmer of the 178th, Roberts of the 154th, Burns of the 157th, Sheldon of the 105th and Dollar of the 45th: A BILL to be entitled an Act to amend provisions of the Official Code of Georgia Annotated relating to the Department of Transportation; to amend Title 32 of the Official Code of Georgia Annotated, relating to highways, bridges, and ferries, so as to amend the limitations on the department's power to contract; to clarify the procedures for the posting of a contract bid; to amend the requirements for the classification of roads of the state highway system; to allow the department to require the use of tire chains by commercial vehicles on certain roads during inclement winter weather; to remove the requirement of county commissioner approval for the designation of a local truck route; to provide for a 90 day notification requirement for county local truck routes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Gooch 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams MONDAY, MARCH 26, 2012 3135 On the passage of the bill, the yeas were 51, nays 0. HB 817, having received the requisite constitutional majority, was passed. HB 824. By Representatives Dudgeon of the 24th, England of the 108th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing under the "Quality Basic Education Act," so as to revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. The Senate Appropriation Committee offered the following substitute to HB 824: 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 revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 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," is amended as follows: "20-2-165. (a) As used in this Code section, the term: (1) 'Assessed valuation' is defined as 40 percent of the equalized adjusted property tax digest reduced by the amount calculated pursuant to subsection (g) of Code Section 20-2-164. (2) 'Assessed valuation per weighted full-time equivalent count' is defined as the assessed valuation for the most recent year available divided by the weighted full-time equivalent count for the year of the digest. (3) 'Effective millage rate' is defined as local tax revenues divided by the assessed valuation and multiplied by 1,000; provided, however, that if the amount of local tax revenues is subsequently adjusted as a result of an audit of a local school system's annual financial report, the increase or decrease in local tax revenues resulting from the audit shall cause an adjustment to be made in the effective millage rate that was 3136 JOURNAL OF THE SENATE calculated initially. Any net change in the amount of equalization dollars earned as a result of such adjustment shall be applied to the amount of the local school system's equalization grant in a subsequent fiscal year. (4) 'Eligible full-time equivalent program count' is defined as the sum of the full-time equivalent resident student count and full-time equivalent nonresident student count pursuant to subsection (d) of Code Section 20-2-160 for each program specified pursuant to subsection (b) of Code Section 20-2-161; provided, however, that each local school system's total full-time equivalent nonresident student count for all programs except programs for persons with disabilities shall not exceed the lesser of the count for fiscal year 2000 or the count for any ensuing fiscal year, unless the local school system serves under contract all of the students in one or more grade levels from an adjoining system or unless the system serves students from an adjoining system under court order. (5) 'Equalized adjusted property tax digest' is defined as the most recent equalized adjusted property tax digest furnished to the State Board of Education pursuant to paragraph (1) of subsection (c) of Code Section 20-2-164. (5.1) 'Equivalent millage' means for a local school system that is eligible to receive local option sales tax proceeds for maintenance and operation purposes, the combination of property tax revenue and sales tax revenue representing the amount that would be generated by a designated rate of mills. (6) 'Guaranteed valuation school system' is defined as the local school system ranking at the seventy-fifth percentile state-wide average in dollars of assessed valuation per weighted full-time equivalent count. Such state-wide average shall not include the local school systems ranked in the highest 5 percent or the lowest 5 percent, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count. For the purpose of determining the assessed valuation per weighted full-time equivalent count of the guaranteed valuation school system only, a reduction of the assessed valuation for exemptions authorized by Code Sections 48-5-44 and 485-48 shall be calculated whether such exemptions are granted or not granted by the guaranteed valuation school system. (7) 'Local tax revenues' is defined as the sum of tax revenues for a local school system as furnished to the Department of Education by the school system in its annual financial report, reduced by the total amount of general funds expended for capital outlay or transferred into an escrow account for capital outlay purposes for the most recent fiscal year such data are available and increased by any federal funds designed to replace local tax revenues provided to the said system; provided, however, that the local school system has furnished the state board with acceptable documentation which clearly identifies the source or sources of such federal funds. (8) 'Most recent weighted full-time equivalent count' is defined as the weighted fulltime equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2-160 for the next MONDAY, MARCH 26, 2012 3137 ensuing fiscal year. (9) 'Qualified local school system' is defined as any local school system: having (A) Having an assessed valuation per weighted full-time equivalent count for the year of the digest ranking which is below the guaranteed valuation; school system and having (B) Having an effective millage rate greater than the millage rate applied to calculate the local five mill share pursuant to subsection (a) of Code Section 20-2164.; and (C) Beginning July 1, 2015, having a millage rate or an equivalent millage of at least 12 mills; beginning July 1, 2016, having a millage rate or an equivalent millage of at least 12 mills; beginning July 1, 2017, having a millage rate or an equivalent millage of at least 13 mills; beginning July 1, 2018, having a millage rate or an equivalent millage of at least 13 mills; beginning July 1, 2019, and thereafter, having a millage rate or an equivalent millage of at least 14 mills. (10) 'Weighted full-time equivalent count' is defined as the sum of all eligible fulltime equivalent program counts multiplied by their respective program weights in effect during the fiscal year that the full-time equivalent program counts were obtained pursuant to Code Section 20-2-161. (11) 'Weighted full-time equivalent count for the year of the digest' is defined as the weighted full-time equivalent count derived from full-time equivalent program count data obtained for the purpose of determining the funds initially needed to finance the Quality Basic Education Formula pursuant to subsection (d) of Code Section 20-2160 for the current fiscal year. (b) The State Board of Education shall annually calculate the equalization grant for each qualified local school system in the following manner: (1) Subtract the assessed valuation per weighted full-time equivalent count for the local school system from the assessed valuation per weighted full-time equivalent count for the guaranteed valuation school system; (2) Divide the difference resulting from paragraph (1) of this subsection by 1,000; (3) Subtract five from the effective millage rate for the local school system and use the resulting number of effective mills or 15 effective mills, whichever is less, as the number of effective mills to be equalized; (4) Multiply the quotient resulting from paragraph (2) of this subsection by the number of effective mills to be equalized pursuant to paragraph (3) of this subsection; and (5) Multiply the product resulting from paragraph (4) of this subsection by the most recent weighted full-time equivalent count for the local school system. The resulting amount shall be the equalization grant for the ensuing fiscal year; provided, however, that for each local school system which serves under contract all of the students in one or more grade levels from an adjoining system and for each local school system which sends under contract all of the students in one or more grade levels to an adjoining system, the equalization grant shall be calculated to represent the amount that would be earned if the students transferred under said contract were 3138 JOURNAL OF THE SENATE included in the full-time equivalent counts of the local school system in which they reside; provided, further, that any equalization grant to be earned by a local school system sending students to another system under the provisions of such a contract shall be reduced by an amount which represents the equalization funds earned per weighted full-time equivalent student multiplied by the total weighted full-time equivalent count for students transferred, and any equalization grant to be earned by the local school system receiving students under said contract shall be increased by the same amount. (c) The State Board of Education shall allocate respectively the amount calculated under subsection (b) of this Code section to each qualified local school system. For the first effective year of the merger of any two or more local school systems, the equalization grant shall be the addition of amounts which would have been separately earned by the systems participating in the merger or the amount which would have been earned if the systems had already been merged during the year of the applicable digest, whichever is greater. No portion of local five mill share shall be applied to such equalization grants. In the event sufficient funds are not appropriated in a fiscal year to the state board to allot the full amount of equalization grants calculated to be payable to qualified local school systems as provided in this Code section, the state board shall proportionately reduce the amount of funds to be allocated to qualified local school systems. (d)(1) A midterm adjustment in a local school system's equalization grant shall be made if: (A) The school system ranks system's assessed valuation per weighted full-time equivalent count is at or below the seventy-fifth percentile in dollars of assessed valuation per weighted full-time equivalent count, where the ranking of school systems is such that the one-hundredth percentile school system is that with the highest amount in dollars of assessed valuation per weighted full-time equivalent count guaranteed valuation; and (B) The school system increases the actual millage levied against its digest for maintenance and operation. (2) If made, the midterm adjustment to the equalization grant shall be calculated as follows: (A) Calculate the percentage change in the actual millage rate for a school system by subtracting the actual millage rate for the prior year from the actual millage rate for the current year and dividing by the actual millage rate for the prior year; provided, however, that for local school systems that impose local option sales taxes for school maintenance and operation, as authorized by law, the Department of Education shall be authorized to adjust this calculation by adding the equivalent property tax millage that would be needed to produce the revenue raised by the local option sales tax to the actual millage rate and calculating a revised percentage change; (B) If the result from subparagraph (A) of this paragraph is a positive number, multiply the number of effective mills calculated as part of the original equalization grant calculation for a given year by the percentage increase calculated in MONDAY, MARCH 26, 2012 3139 subparagraph (A) of this paragraph. Add the product of this calculation to the effective number of mills from the original equalization grant calculation as described in subsections (a) through (c) of this Code section; (C) Recalculate the equalization grant substituting the revised number of effective mills calculated in subparagraph (B) of this paragraph; and (D) Subtract the initial equalization grant amount from the amount calculated in subparagraph (C) of this paragraph. The resulting amount shall be the midterm adjustment to the equalization grant. (e) If the result from subparagraph (A) of paragraph (2) of subsection (d) of this Code section is a positive number, the local school system's number of effective mills used in the calculation of its equalization grant for the ensuing fiscal year shall be adjusted by multiplying the number of effective mills calculated pursuant to paragraph (3) of subsection (b) of this Code section by the percentage increase calculated in subparagraph (A) of paragraph (2) of subsection (d) of this Code section. The resulting amount shall be the adjusted number of effective mills used in the calculation of the equalization grant pursuant to paragraph (3) of subsection (b) of this Code section; provided, however, that in no event shall the adjusted number of effective mills to be equalized exceed 15 effective mills. For Fiscal Year 2006 only, adjustments to equalization grants as provided in this subsection shall be allocated to local school systems following the adoption of the amended Appropriations Act for Fiscal Year 2006." SECTION 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 Albers Y Balfour Y Bethel N Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner 3140 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans N Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon Y Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 4. HB 824, having received the requisite constitutional majority, was passed by substitute. HB 865. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st: A BILL to be entitled an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the O.C.G.A., relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the O.C.G.A., so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. The Senate Transportation Committee offered the following substitute to HB 865: A BILL TO BE ENTITLED AN ACT To enact the "Georgia Motor Common Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Code Section 40-3-26 of the Official Code of Georgia Annotated, relating to delivery of certificate, notice to junior security interest holders and lienholders, and disposition of certificate when first lien or security interest MONDAY, MARCH 26, 2012 3141 satisfied, so as to provide for the electronic delivery of notices of recordings of security interests and liens; to amend Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the Official Code of Georgia Annotated, so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I The Georgia Motor Carrier Act. SECTION 1. Chapter 1 of Title 40 of the Official Code of Georgia Annotated, relating to the identification and regulation of motor vehicles, is amended by adding a new article to read as follows: "ARTICLE 3 Part 1 40-1-50. This article shall be known and may be cited as the 'Georgia Motor Carrier Act of 2012.' 40-1-51. The General Assembly finds that the for-hire transportation of persons and property are a privilege that require close regulation and control to protect public welfare, provide for a competitive business environment, and provide for consumer protection. To that end, the provisions of this article are enacted. This is a remedial law and shall be liberally construed. The Department of Public Safety is designated as the agency to implement and enforce this article. Exceptions contained in this article shall have no effect on the applicability of any other provision of law applicable to motor vehicles, commercial motor vehicles, operators of motor vehicles, or carrier operations. 40-1-52. There is created and established a division within the Department of Public Safety to be known as the Motor Carrier Compliance Division. The Motor Carrier Compliance Division shall consist of two sections, the Motor Carrier Compliance Enforcement Section and the Motor Carrier Regulation Compliance Section. Except as provided in Chapter 2 of Title 35, the members of the Motor Carrier Compliance Enforcement Section shall be known and designated as law enforcement officers. The Motor Carrier 3142 JOURNAL OF THE SENATE Regulation Compliance Section shall be responsible for the regulation of the operation of motor carriers and limousine carriers in accordance with this article and motor carrier safety and the transportation of hazardous materials as provided in Code Section 40-1-8 and Article 2 of this chapter. 40-1-53. The department is authorized to enforce this article by instituting actions for injunction, mandamus, or other appropriate relief. 40-1-54. (a) The department shall promulgate such rules and regulations as are necessary to effectuate and administer the provisions of this article pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (b) The commissioner is authorized to issue such orders, authorizations, and modification thereof as necessary to implement this article. (c) A court shall take judicial notice of all rules and regulations promulgated by the department pursuant to this Code section. 40-1-55. Every officer, agent, or employee of any corporation and every person who violates or fails to comply with this article relating to the regulation of motor carriers and limousine carriers or any order, rule, or regulation of the Department of Public Safety, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. Misdemeanor violations of this article may be prosecuted, handled, and disposed of in the manner provided for by Chapter 13 of this title. 40-1-56. (a) Any motor carrier or limousine carrier subject to the provisions of Part 2 or Part 3 of this article that fails to register as a motor carrier or limousine carrier with the department or that is subject to the jurisdiction of the department and willfully violates any law administered by the department or any duly promulgated regulation issued thereunder, or that fails, neglects, or refuses to comply with any order after notice thereof, shall be liable for a penalty not to exceed $15,000.00 for such violation and an additional penalty not to exceed $10,000.00 for each day during which such violation continues. (b)(1) The department, after a hearing conducted after not less than 30 days' notice, shall determine whether any motor carrier has failed to register or willfully violated any law administered by the department, or any duly promulgated regulation issued thereunder, or has failed, neglected, or refused to comply with any order of the department. Upon an appropriate finding of a violation, the department may impose by order such civil penalties as are provided by subsection (a) of this Code section. In each such proceeding, the department shall maintain a record as provided in paragraph (8) of subsection (a) of Code Section 50-13-13 including all pleadings, a MONDAY, MARCH 26, 2012 3143 transcript of proceedings, a statement of each matter of which the department takes official notice, and all staff memoranda or data submitted to the department in connection with its consideration of the case. All penalties and interest thereon, at the rate of 10 percent per annum, recovered by the department shall be paid into the general fund of the state treasury. (2) Any party aggrieved by a decision of the department may seek judicial review as provided in subsection (c) of this Code section. (c)(1) Any party who has exhausted all administrative remedies available before the department and who is aggrieved by a final decision of the department in a proceeding described in subsection (b) of this Code section may seek judicial review of the final order of the department in the Superior Court of Fulton County. (2) Proceedings for review shall be instituted by filing a petition within 30 days after the service of the final decision of the department or, if a rehearing is requested, within 30 days after the decision thereon. A motion for rehearing or reconsideration after a final decision by the department shall not be a prerequisite to the filing of a petition for review. Copies of the petition shall be served upon the department and all parties of record before the department. (3) The petition shall state the nature of the petitioner's interest, the facts showing that the petitioner is aggrieved by the decision, and the ground, as specified in paragraph (6) of this subsection, upon which the petitioner contends that the decision should be reversed. The petition may be amended by leave of court. (4) Within 30 days after service of the petition or within such further time as is stipulated by the parties or as is allowed by the court, the agency shall transmit to the reviewing court the original or a certified copy of the entire record of the proceedings under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate that the record be limited may be taxed for the additional costs. The court may require or permit subsequent corrections or additions to the record. (5) If, before the date set for hearing, application is made to the court for leave to present additional evidence, and it is shown to the satisfaction of the court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the agency, the court may order that the additional evidence be taken before the department upon such procedure as is determined by the court. The department may modify its findings and decision by reason of the additional evidence and shall file that evidence and any modifications, new findings, or decisions with the reviewing court. (6) The review shall be conducted by the court without a jury and shall be confined to the record. The court shall not substitute its judgment for that of the department as to the weight of the evidence on questions of fact. The court may affirm the decision of the department or remand the case for further proceedings. The court may reverse the decision of the department if substantial rights of the petitioner have been prejudiced because the department's findings, inferences, conclusions, or decisions are: (A) In violation of constitutional or statutory provisions; 3144 JOURNAL OF THE SENATE (B) In excess of the statutory authority of the commission department; (C) Made upon unlawful procedure; (D) Clearly not supported by any reliable, probative, and substantial evidence on the record as a whole; or (E) Arbitrary or capricious. (7) A party aggrieved by an order of the court in a proceeding authorized under subsection (b) of this Code section may appeal to the Supreme Court of Georgia or to the Court of Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5, the 'Appellate Practice Act.' 40-1-57. Rules, orders, and regulations previously adopted which relate to functions performed by the Pubic Service Commission which were transferred under this Article to the Department of Public Safety shall remain of full force and effect as rules, orders, and regulations of the Department of Public Safety until amended, repealed, or superseded by rules or regulations adopted by the department. Part 2 40-1-100. As used in this part, the term: (1) 'Carrier' means a person who undertakes the transporting of goods or passengers for compensation. (2) 'Certificate' or 'motor carrier certificate' means a certificate of public convenience and necessity issued pursuant to this part or under the 'Motor Carrier Act of 1929,' under the 'Motor Carrier Act of 1931,' or under prior law. (3) 'Commissioner' means the Commissioner of the Department of Public Safety. (4) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5) '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 MONDAY, MARCH 26, 2012 3145 exempt rideshare shall be deemed to involve any element of transportation for compensation or for hire. (7) '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. (8) 'GRTA' means the Georgia Regional Transportation Authority, which is itself exempt from regulation as a carrier under Code Section 50-32-71. (9) 'Household goods' means any personal effects and property used or to be used in a dwelling when a part of the equipment or supplies of such dwelling and such other similar property as the commissioner 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. (10) 'Motor carrier' means: (A) Every person owning, controlling, operating, or managing any motor vehicle, including the lessees, receivers, or trustees of such persons or receivers appointed by any court, used in the business of transporting for hire persons or household goods, or both, or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state. (B) Except as otherwise provided in this subparagraph, the term 'motor 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 which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 60-1-8; (iii) Limousine carriers as provided for in Part 3 of this article; (iv) Hotel passenger or baggage motor vehicles when used exclusively for patrons and employees of such hotel; (v) 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 3146 JOURNAL OF THE SENATE damage. For the purposes of this part, 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; (vi) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (vii) 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 part, elderly and disabled persons shall have the same meaning as in division (iv) of this subparagraph; or (viii) Ambulances. (11) '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. (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) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (14) '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 commissioner. 40-1-101. (a) Notwithstanding any other provision of law to the contrary, all motor carriers operating on the public roads of this state shall be subject to the requirements of this part and shall be deemed to have given consent to regulatory compliance inspections. (b) Unless expressly prohibited by federal law, the commissioner is vested with power to regulate the business of any person engaged in the transportation as a motor carrier of persons or property, either or both, for hire on any public highway of this state. (c) The commissioner is authorized to employ and designate a person or persons as necessary to implement and carry out the functions contained in this part. MONDAY, MARCH 26, 2012 3147 (d) All motor carriers shall: (1) Obtain a certificate as required by this part; (2) Maintain liability insurance as provided in the rules and regulations of the department; (3) Act in compliance with Georgia's workers' compensation laws as provided in Chapter 9 of Title 34 of the Official Code of Georgia Annotated; and (4) 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. 40-1-102. (a) No motor carrier of passengers or household goods shall, except as otherwise provided in this part, operate without first obtaining from the commissioner a certificate. (b) Before a motor carrier may enter into any contract for the transportation of passengers, the motor carrier shall provide to all parties to the agreement a copy of the motor carrier's proof of legally required minimum insurance coverage and a valid certification number demonstrating that the motor carrier is currently certified by the commissioner, the Commissioner of Revenue, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency. Any contract entered into in violation of this Code section shall be void and unenforceable. 40-1-103. (a) The department shall prescribe the form of the application for a motor carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A motor carrier certificate shall be issued to any qualified applicant, provided that such applicant is a motor carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle. 40-1-104. (a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any motor carrier certificate, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner 3148 JOURNAL OF THE SENATE the holder of the certificate is not furnishing adequate service. (b) The commissioner may, at any time, after reasonable attempt at notice, immediately suspend any motor carrier certificate, if the commissioner finds such suspension necessary to protect life, health, or safety, or to protect the public and consumers. Certificate holders affected by such suspension may appeal to the commissioner for review pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedures Act.' The commissioner may exercise his or her discretion to designate a hearing officer for such appeals. (c) The commissioner, or his or her designated employees, may issue an out-of-service order or orders to a certificate holder, pursuant to the provisions of this article. 40-1-105. Any motor carrier certificate issued pursuant to this part may be transferred upon application to and approval by the commissioner, and not otherwise. 40-1-106. (a) The commissioner shall issue a motor carrier certificate to a person authorizing transportation as a motor carrier of passengers or household goods subject to the jurisdiction of the department if the commissioner finds that the person is fit, willing, and able to provide the transportation to be authorized by the certificate and to comply with regulations of the department. Fitness encompasses three factors: (1) The applicant's financial ability to perform the service it seeks to provide; (2) The applicant's capability and willingness to perform properly and safely the proposed service; and (3) The applicant's willingness to comply with the laws of Georgia and the rules and regulations of the department. (b) The initial burden of making out a prima-facie case that an applicant is fit to provide such service rests with the applicant. (c) Upon an applicant making out a prima-facie case as to the motor carrier's ability to provide the service, the burden shifts to protestant to show that the authority sought should not be granted. (d) A protest of a motor carrier of passengers or of household goods to an application will not be considered unless the protesting motor carrier: (1) Possesses authority from the department to handle, in whole or in part, the authority which is being applied for and is willing and able to provide service and has performed service during the previous 12 month period or has actively in good faith solicited service during such period; (2) Has pending before the department an application previously filed with the department for substantially the same authority; or (3) Is granted by the commissioner leave to intervene upon a showing of other interests which in the discretion of the commissioner would warrant such a grant. (e) The commissioner may issue a certificate without a hearing if the application is unprotested or unopposed. MONDAY, MARCH 26, 2012 3149 40-1-107. The commissioner shall adopt rules prescribing the manner and form in which motor carriers of passengers or household goods shall apply for certificates required by this part. Such rules shall require that the application be in writing, under oath, and that the application: (1) Contains full information concerning the applicant's financial condition, the equipment proposed to be used, including the size, weight, and capacity of each vehicle to be used, and other physical property of the applicant; (2) States the complete route or routes over which the applicant desires to operate and the proposed time schedule of the operation; and (3) Contains any such other or additional information as the commissioner may order or require. 40-1-108. Any motor carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of Code Section 3-3-23, concerning consumption of alcoholic beverages by persons under the age of 21. The commissioner shall provide to all motor 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 motor carrier. 40-1-109. The commissioner shall collect the following one-time fees upon initial application of a motor carrier pursuant to this part: (1) A fee of $75.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six motor vehicles; (2) A fee of $150.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 motor vehicles; (3) A fee of $200.00 to accompany each application for a motor carrier certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 motor vehicles; (4) A fee of $75.00 to accompany each application for transfer of a motor carrier certificate; and (5) A fee of $50.00 to accompany each application for intrastate temporary emergency authority under Code Section 40-1-104. 40-1-110. The commissioner, upon the filing of an application for a motor carrier certificate, shall fix a time and place for hearing thereon and shall, at least ten days before the hearing, give notice thereof by advertising the same at the expense of the applicant in a newspaper in Atlanta, in which sheriffs' notices are published. If no protest is filed with 3150 JOURNAL OF THE SENATE the department or if the protest is subsequently withdrawn, the commissioner may issue the motor carrier certificate without a hearing. 40-1-111. When an application for a motor carrier certificate under this part has been in whole or in part denied by the commissioner, or has been granted by the commissioner, and the order of the commissioner granting same has been quashed or set aside by a court of competent jurisdiction, a new application by the same petitioner or applicant therefor shall not be again considered by the department within three months from the date of the order denying the same or the judgment of the court quashing or setting aside the order. 40-1-112. (a) No motor carrier of household goods or passengers shall be issued a motor carrier certificate unless there is filed with the department a certificate of insurance for such applicant or holder on forms prescribed by the commissioner evidencing a policy of indemnity insurance by an insurance company licensed to do business in this state, which policy must provide for the protection, in case of passenger vehicles, of passengers and the public against injury proximately caused by the negligence of such motor carrier, its servants, or its agents; and, in the case of vehicles transporting household goods, to secure the owner or person entitled to recover against loss or damage to such household goods for which the motor common carrier may be legally liable. The department shall determine and fix the amounts of such indemnity insurance and shall prescribe the provisions and limitations thereof. The insurer shall file such certificate. The failure to file any form required by the department shall not diminish the rights of any person to pursue an action directly against a motor carrier's insurer. (b) The department shall have power to permit self-insurance, in lieu of a policy of indemnity insurance, whenever in its opinion the financial ability of the motor carrier so warrants. (c) It shall be permissible under this part for any person having a cause of action arising under this part to join in the same action the motor carrier and the insurance carrier, whether arising in tort or contract. 40-1-113. (a) As used in this Code section, the term: (1) 'Motor carrier transportation contract' means a contract, agreement, or understanding covering: (A) The transportation of property for compensation or hire by the motor carrier; (B) Entrance on property by the motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or (C) A service incidental to activity described in subparagraph (A) or (B) of this paragraph, including, but not limited to, storage of property. MONDAY, MARCH 26, 2012 3151 Motor carrier transportation contract shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment. (2) 'Promisee' means the person promising to provide transportation of property and any agents, employees, servants, or independent contractors who are directly responsible to such person but shall not include a motor carrier party to a motor carrier transportation contract with such person and such motor carrier's agents, employees, servants, or independent contractors directly responsible to such motor carrier. (b) Notwithstanding any provision of law to the contrary, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable. 40-1-114. Notwithstanding any other provision of law to the contrary, in order to authorize the provision of passenger or household goods service for which there is an immediate and urgent need to a point or points, or within a territory, with respect to which there is no motor carrier service capable of meeting such need, upon receipt of an application for temporary emergency authority and upon payment of the appropriate fee as fixed by statute, the department may, in its discretion and without a hearing or other prior proceeding, grant to any person temporary motor carrier authority for such service. The order granting such authority shall contain the department's findings supporting its determination that there is an unmet immediate and urgent need for such service and shall contain such conditions as the commissioner finds necessary with respect to such authority. Emergency temporary motor carrier authority, unless suspended or revoked for good cause within such period, shall be valid for such time as the department shall specify but not for more than an aggregate of 30 days. Such authority shall in no case be renewed and shall create no presumption that corresponding permanent authority will be granted thereafter, except that, where a motor carrier granted temporary emergency motor carrier authority under the provisions of this Code section makes application during the period of said temporary emergency authority for permanent motor carrier authority corresponding to that authorized in its temporary emergency authority, the temporary emergency motor carrier authority will be extended to the finalization of the permanent authority application unless sooner suspended or revoked for good cause within the extended period. 40-1-115. A motor carrier of passengers may discontinue its entire service on any route upon 30 3152 JOURNAL OF THE SENATE days' published notice to be prescribed by the department, and thereupon its certificate therefor shall be canceled. A motor carrier of passengers may discontinue any part of its service on any route upon 30 days' published notice, subject, however, to the right of the department to withdraw its certificate for such route if, in the opinion of the commissioner, such diminished service is not adequate or is no longer compatible with the public interest. 40-1-116. No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a motor carrier to operate equipment, or on the equipment, or on any incidents of the business of a motor carrier. 40-1-117. (a) Each nonresident motor carrier shall, before any permit is issued to it under this part or at the time of registering as required by Code Section 40-2-140, designate and maintain in this state an agent or agents upon whom may be served all summonses or other lawful processes in any action or proceeding against such motor carrier growing out of its carrier operations; and service of process upon or acceptance or acknowledgment of such service by any such agent shall have the same legal force and validity as if duly served upon such nonresident carrier personally. Such designation shall be in writing, shall give the name and address of such agent or agents, and shall be filed in the office of the state revenue commissioner. Upon failure of any nonresident motor carrier to file such designation with the state revenue commissioner or to maintain such an agent in this state at the address given, such nonresident carrier shall be conclusively deemed to have designated the Secretary of State and his or her successors in office as such agent; and service of process upon or acceptance or acknowledgment of such service by the Secretary of State shall have the same legal force and validity as if duly served upon such nonresident carrier personally, provided that notice of such service and a copy of the process are immediately sent by registered or certified mail or statutory overnight delivery by the Secretary of State or his or her successor in office to such nonresident carrier, if its address be known. Service of such process upon the Secretary of State shall be made by delivering to his or her office two copies of such process with a fee of $10.00. (b) Except in those cases where the Constitution requires otherwise, any action against any resident or nonresident motor carrier for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the state revenue commissioner, may be brought in the county where the cause of action or some part thereof arose; and if the motor carrier or its agent shall not be found for service in the county where the action is instituted, a second original may issue and service be made in any other county where the service can be made upon the motor carrier or its agent. The venue prescribed by this Code section shall be cumulative of MONDAY, MARCH 26, 2012 3153 any other venue provided by law. (c) Except in those cases where the Constitution requires otherwise, any action against any resident motor carrier engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill for damages by reason of any breach of duty, whether contractual or otherwise, or for any violation of this article or of any order, decision, rule, regulation, direction, demand, or other requirement established by the commissioner shall be brought in the county where the owner or operator of the carrier resides. 40-1-118. The commissioner shall prescribe just and reasonable rates, fares, and charges for transportation by motor carriers of household goods and for all services rendered by motor carriers in connection therewith. The tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the department may prescribe. Such tariffs shall also be subject to change on such notice and in such manner as the department may prescribe. In order to carry out the purposes of this Code section, including the publication and maintenance of just, reasonable, and nondiscriminatory rates and charges, the department shall establish a rate-making procedure for all carriers of household goods. Failure on the part of any motor carrier to comply with this Code section or the rules and regulations promulgated under this Code section may result in suspension or cancellation of said carrier's operating authority by the department. 40-1-119. No motor carrier of household goods shall charge, demand, collect, or receive a greater or lesser or different compensation for the transportation of property or for any service rendered in connection therewith than the rates, fares, and charges prescribed or approved by order of the department; nor shall any such motor carrier unjustly discriminate against any person in its rates, fares, or charges for service. The commissioner may prescribe, by general order, to what persons motor carriers of household goods may issue passes or free transportation; may prescribe reduced rates for special occasions; and may fix and prescribe rates and schedules. 40-1-120. Motor carriers of passengers shall not be compelled to carry baggage of passengers, except hand baggage, the character, amount, and size of which the motor carrier may limit by its rules and regulations, subject to the approval of the department; and the department may by rule or regulation limit the amount of the liability of the motor carrier therefor. If a motor carrier shall elect to carry the personal baggage of passengers, other than hand baggage, the department shall prescribe just and reasonable rates therefor and such other rules and regulations with respect thereto as may be reasonable and just, and may by rule or regulation limit the amount of the liability of the motor carrier therefor. 3154 JOURNAL OF THE SENATE 40-1-121. The department shall prescribe the books and the forms of accounts to be kept by the holders of certificates under this part, which books and accounts shall be preserved for such reasonable time as may be prescribed by the department. The books and records of every certificate holder shall be at all times open to the inspection of any agent of the department for such purpose. The department shall have the power to examine the books and records of all motor carriers to whom it has granted certificates or permits to operate under this part and to examine under oath the officers and agents of any motor carrier with respect thereto. 40-1-122. Motor carriers shall observe the laws of this state in respect to size, weight, and speed of their vehicles. Intrastate motor carriers of passengers shall, and interstate motor carriers of passengers may, file with the department the schedules upon which they propose to operate their vehicles, which schedules shall be such that the net running time of vehicles between terminal points shall not exceed the lawful speed limit; and any motor carrier of passengers filing such a schedule shall be allowed to operate his or her vehicles on the highway at a rate of speed not exceeding the lawful speed limit in order to maintain a schedule so filed. 40-1-123. Any motor carrier which operates on the public highways of this state without the required certificate or permit, or after such certificate or permit has been canceled, or without having registered its vehicle or vehicles as provided for in this part, or which operates otherwise than is permitted by the terms of such certificate or permit or the laws of this state may be enjoined from operating on the public highways of this state upon the bringing of a civil action by the department, by a competing motor carrier or rail carrier, or by any individual. 40-1-124. Nothing in this part or any other law shall be construed to vest in the owner, holder, or assignee of any certificate or permit issued under this part any vested right to use the public highways of this state and shall not be construed to give to any motor carrier any perpetual franchise over such public highways. 40-1-125. (a) Upon issuance by the commissioner of an order suspending or revoking a motor carrier certificate, such motor carrier shall be afforded a hearing to be held in accordance with the procedures set forth in Code Section 40-1-56. (b) Any person whose motor carrier certificate has been suspended or revoked and who has exhausted all administrative remedies available within the Department of Public Safety is entitled to judicial review in accordance with Code Section 40-1-56. MONDAY, MARCH 26, 2012 3155 40-1-126. In circumstances where a motor carrier is engaged in both interstate and intrastate commerce, it shall nevertheless be subject to all the provisions of this part so far as it separately relates to commerce carried on exclusively in this state. It is not intended that the department shall have the power of regulating the interstate commerce of such motor carrier, except to the extent expressly authorized by this part as to such commerce. The provisions of this part do not apply to purely interstate commerce nor to carriers exclusively engaged in interstate commerce. When a motor carrier is engaged in both intrastate and interstate commerce, it shall be subject to all the provisions of this part so far as they separately relate to commerce carried on in this state. 40-1-127. (a) All actions at law against motor carriers operating in this state, which actions seek to recover overcharges accruing on intrastate shipments, shall be initiated within a period of three years after the time the cause of action accrues, and not thereafter, provided that, if a claim for the overcharge is presented in writing to the carrier within the three-year period of limitation, the period shall be extended to include six months from the time notice in writing is given by the carrier to the claimant of disallowance of the claim or any part thereof. (b) A motor carrier of property may, upon notice to the commissioner of public safety, elect to be subject to the following requirements regarding rates, charges, and claims for loss or damage: (1) A motor carrier of property shall provide to the shipper, upon request of the shipper, a written or electronic copy of the rate, classification, rules, and practices upon which any rate agreed to between the shipper and carrier may have been based. When the applicability or reasonableness of the rates and related provisions billed by a carrier is challenged by the person paying the freight charges, the commissioner of public safety shall determine whether such rates and provisions are reasonable or applicable based on the record before it. In cases where a carrier other than a carrier providing transportation of household goods seeks to collect charges in addition to those billed and collected which are contested by the payor, the carrier may request that the commissioner of public safety determine whether any additional charges over those billed and collected must be paid. A carrier must issue any bill for charges in addition to those originally billed within 180 days of the original bill in order to have the right to collect such charges; (2) If a shipper seeks to contest the charges originally billed by a motor carrier of property, the shipper may request that the commissioner of public safety determine whether the charges originally billed must be paid. A shipper must contest the original bill within 180 days in order to have the right to contest such charges; and (3) Claims for loss of or damage to property for which any motor carrier of property may be liable must be filed within nine months after the delivery of the property, except that claims for failure to make delivery must be filed within nine months after 3156 JOURNAL OF THE SENATE a reasonable time for delivery has elapsed. (c) The commissioner of public safety shall adopt rules regarding rates, charges, and claims for loss or damage applicable to carriers of household goods. 40-1-128. (a) Any officer, agent, or employee of any corporation, and any other person, who knowingly accepts or receives any rebate or drawback from the rates, fares, or charges established or approved by the department for motor carriers of passengers or household goods, or who procures, aids, or abets therein, or who uses or accepts from such motor carrier any free pass or free transportation not authorized or permitted by law or by the orders, rules, or regulations of the department, or who procures, aids, or abets therein, shall be guilty of a misdemeanor. (b) The possession of goods, wares, or merchandise loaded on a motor vehicle consigned to any person, firm, or corporation, being transported or having been transported over the public highways in this state, without the authority of a permit or certificate for so transporting having been issued by the department under this article, shall be prima-facie evidence that such transportation of such goods, wares, or merchandise was an intentional violation of the law regulating the transportation of persons and property over the public highways in this state. (c) Any person claiming the benefit of any exception made in this article shall have the burden of proving that he or she falls within the exception. 40-1-129. (a) Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person, firm, or corporation is operating as a household goods carrier for hire without a valid certificate issued by the department or is holding itself out as such a carrier without such a certificate in violation of this part, the department may impose a fine of not more than $5,000.00 for each violation. The department may assess the person, firm, or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the department. The department may also assess interest at the rate specified in Code Section 40-1-56 on any fine or assessment imposed, to commence on the day the fine or assessment becomes delinquent. All fines, assessments, and interest collected by the department shall be paid into the general fund of the state treasury. Any party aggrieved by a decision of the department under this subsection may seek judicial review as provided in Code section 40-1-56. (b) Any person, firm, or corporation who knowingly and willfully issues, publishes, or affixes or causes or permits the issuance, publishing, or affixing of any oral or written advertisement, broadcast, or other holding out to the public, or any portion thereof, that the person, firm, or corporation is in operation as a household goods carrier for hire without having a valid certificate issued by the department is guilty of a misdemeanor. Any fine or assessment imposed by the department pursuant to the provisions of subsection (a) of this Code section shall not bar criminal prosecution pursuant to the provisions of this subsection. MONDAY, MARCH 26, 2012 3157 40-1-130. In any advertisement for a motor carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the motor carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The requirements of this Code section shall not apply to nonconsensual towing motor carriers providing services pursuant to Code Section 44-1-13. The department shall be required to issue a motor carrier authorization number to each registered motor carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation. Part 3 40-1-150. This part shall be known and may be cited as the 'Georgia Limousine Carrier Act.' 40-1-151. As used in this part, the term: (1) 'Certificate' or 'limousine carrier certificate' means a certificate issued by the department for the operation of limousines or limousine services under this part and such certificates issued by the Public Service Commission on or before June 30, 2012. (2) 'Chauffeur' means any person with a Georgia state driver's license who meets the qualifications as prescribed in this part and who is authorized by the commissioner of driver services to drive a motor vehicle of a limousine carrier as provided in paragraph (5) below. (3) 'Department' means the Department of Public Safety. (4) 'Limousine' means any motor vehicle that meets the manufacturer's specifications for a luxury limousine with a designed seating capacity for no more than ten passengers and with a minimum of five seats located behind the operator of the vehicle, and which does not have a door at the rear of the vehicle designed to allow passenger entry or exit; further, no vehicle shall be permitted to be operated both as a taxicab and a limousine. (5) 'Limousine carrier' means any person owning or operating a prearranged service regularly rendered to the public by furnishing transportation as a motor carrier for hire, not over fixed routes, by means of one or more unmetered: (A) Limousines; (B) Extended limousines; (C) Sedans; (D) Extended sedans; (E) Sport utility vehicles; (F) Extended sport utility vehicles; 3158 JOURNAL OF THE SENATE (G) Other vehicles with a capacity for seating and transporting no more than 15 persons for hire including the driver; or (H) Any combination of subparagraphs (A) through (G) of this paragraph on the basis of telephone contract or written contract. A limousine carrier shall not use per capita rates or charges. (6) 'Person' means any individual, firm, partnership, private or public corporation, company, association, or joint-stock association, and includes any trustee, receiver, assignee, or personal representative thereof. (7) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (8) '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 commission. 40-1-152. (a) No limousine carrier shall operate any motor vehicle owned or operated by a limousine carrier for the transportation of passengers for compensation on any public highway in this state except in accordance with the provisions of this article. (b) No person may engage in the business of a limousine carrier over any public highway in this state without first having obtained from the department a certificate to do so. 40-1-153. (a) The department shall prescribe the form of the application for a limousine carrier certificate and shall prescribe such reasonable requirements as to notice, publication, proof of service, maintenance of adequate liability insurance coverage, and information as may, in its judgment, be necessary and may establish fees as part of such certificate process. (b) A limousine carrier certificate shall be issued to any qualified applicant, provided that such applicant is a limousine carrier business domiciled in this state, authorizing the operations covered by the application if it is found that the applicant is fit, willing, and able to perform properly the service and conform to the provisions of this part and the rules and regulations of the department and has not been convicted of any felony as such violation or violations are related to the operation of a motor vehicle. 40-1-154. (a) It shall be the duty of the department to regulate limousine carriers with respect to the safety of equipment. (b) The department shall require safety and mechanical inspections at least on an annual basis for each vehicle owned or operated by a limousine carrier. The department shall provide, by rule or regulation, for the scope of such inspections, the qualifications of persons who may conduct such inspections, and the manner by which MONDAY, MARCH 26, 2012 3159 the results of such inspections shall be reported to the department. (c) In addition to the requirements of this Code section, limousine carriers shall comply with the applicable provisions of Code Section 40-1-8. 40-1-155. No limousine carrier certificate issued under this part may be leased, assigned, or otherwise transferred or encumbered unless authorized by the department. 40-1-156. (a) The department may cancel, revoke, or suspend any limousine carrier certificate issued under this part on any of the following grounds: (1) The violation of any of the provisions of this part; (2) The violation of an order, decision, rule, regulation, or requirement established by the department; (3) Failure of a limousine carrier to pay a fee imposed on the carrier within the time required by law or by the department; (4) Failure of a limousine carrier to maintain required insurance in full force and effect; and (5) Failure of a limousine carrier to operate and perform reasonable services. (b) After the cancellation or revocation of a certificate or during the period of its suspension, it is unlawful for a limousine carrier to conduct any operations as such a carrier. 40-1-157. Limousine certificates shall be valid unless suspended, revoked, or cancelled by the commissioner, or surrendered to the commissioner by the holder. 40-1-158. Pursuant to rules and regulations prescribed by the commissioner of driver services, each chauffeur employed by a limousine carrier shall secure from the Department of Driver Services a limousine chauffeur authorization and license endorsement. 40-1-159. The commissioner shall collect the following one-time fees upon initial application of a limousine carrier pursuant to this part: (1) A fee of $75.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates fewer than six limousines; (2) A fee of $150.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates six to 15 limousines; (3) A fee of $200.00 to accompany each application for a certificate, or amendment to an existing certificate, where the applicant owns or operates more than 15 limousines; and (4) A fee of $75.00 to accompany each application for transfer of a certificate. 3160 JOURNAL OF THE SENATE 40-1-160. Any limousine carrier subject to the jurisdiction of the commissioner that transports passengers shall comply with the provisions of paragraph (1) of subsection (a) of Code Section 3-3-23 and Code Section 3-9-6, concerning consumption of alcoholic beverages. The commissioner shall provide to all such limousine carriers, at the time of registration a certificate, an informational packet emphasizing the prohibition on alcohol consumption by persons under the age of 21 while being transported by the limousine carrier. 40-1-161. (a) The commissioner may, at any time after notice and opportunity to be heard and for reasonable cause, revoke, alter, or amend any limousine certificate issued under this part, or under prior law, if it shall be made to appear that the holder of the certificate has willfully violated or refused to observe any of the lawful and reasonable orders, rules, or regulations prescribed by the commissioner or any of the provisions of this part or any other law of this state regulating or taxing motor vehicles, or both, or if in the opinion of the commissioner the holder of the certificate is not furnishing adequate service. 40-1-162. The State of Georgia fully occupies and preempts the entire field of regulation over limousine carriers as regulated by this part; provided, however, that the governing authority of any county or municipal airport shall be authorized to permit any limousine carrier doing business at any such airport and may establish fees as part of such permitting process; provided, further, that such fees shall not exceed the airport's approximate cost of permitting and regulating limousine carriers; and provided, further, that such governing authorities of such airports shall accept a chauffeur's endorsement issued by the Department of Driver Services to the driver and evidence of a certificate issued to the limousine carrier by the Department of Public Safety as adequate evidence of sufficient criminal background investigations and shall not require any fee for any further criminal background investigation. The list of licensed limousine carriers on the website of the Department of Public Safety shall be sufficient evidence that a limousine carrier has a certificate issued by the Department of Public Safety. 40-1-163. (a) Notwithstanding the powers granted to the department regarding tariffs of other motor carriers, the department is not authorized to set, adjust, or change rates or charges for transportation of passengers, property, or passengers and property by a vehicle of a type listed in Code Section 40-1-118 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier. (b) Any tariff issued by the department that exists as of June 30, 2007, that regulates the rates or charges for transportation of passengers, property, or passengers and property by a vehicle of a type listed in Code Section 40-1-118 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier shall be void. MONDAY, MARCH 26, 2012 3161 40-1-164. Before the department shall enter any order, regulation, or requirement directed against any limousine carrier, such carrier shall first be given reasonable notice and an opportunity to be heard on the matter. 40-1-165. In any advertisement for a limousine carrier, whether by print, radio, television, other broadcast, or electronic media including but not limited to Internet advertising and any listing or sites on any website, the limousine carrier shall include the motor carrier authorization number issued to it by the Department of Public Safety. The department shall be required to issue a motor carrier authorization number to each registered limousine carrier. Whenever the department, after a hearing conducted in accordance with the provisions of Code Section 40-1-56, finds that any person is advertising in violation of this Code section, the department may impose a fine of not more than $500.00 for an initial violation and not more than $15,000.00 for a second or subsequent violation. 40-1-166. Each limousine carrier shall obtain and maintain commercial indemnity and liability insurance with an insurance company authorized to do business in this state which policy shall provide for the protection of passengers and property carried and of the public against injury proximately caused by the negligence of the limousine carrier, its servants, and its agents. The minimum amount of such insurance shall be: (1) For capacity of 12 passengers or less, $300,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo; or (2) For capacity of more than 12 passengers, $500,000.00 for bodily injuries to or death of all persons in any one accident with a maximum of $100,000.00 for bodily injuries to or death of one person, and $50,000.00 for loss of damage in any one accident to property of others, excluding cargo. 40-1-167. Each limousine carrier which registers any vehicle under this article shall, for each such certificated vehicle, affix to the center of the front bumper of each such certificated vehicle a standard size license plate bearing the following information: (1) limousine carrier name, (2) city and state of principal domicile, (3) company telephone number, and (4) the vehicle classification, IE-1. The cost for such license plate shall be the sole responsibility of the limousine carrier and must be placed on each certificated vehicle prior to said vehicle being placed in service. 40-1-168. No subdivision of this state, including cities, townships, or counties, shall levy any excise, license, or occupation tax of any nature, on the right of a limousine carrier to 3162 JOURNAL OF THE SENATE operate equipment, or on the equipment, or on any incidents of the business of a limousine carrier. 40-1-169. The department is authorized to enforce the provisions of this part. Additionally, the department may hear a petition by a third party asserting that a limousine carrier has violated 40-1-152 and may impose the penalties and seek the remedies set out in 40-156 of this title if the department finds such a violation. 40-1-170. The provisions of this part and the powers granted to the department by this part to regulate limousine carriers shall apply to every vehicle of a type listed in Code Section 40-1-151 that is managed, operated, owned, leased, rented, or controlled by a limousine carrier." SECTION 2. Code Section 40-3-26 of the Official Code of Georgia Annotated, relating to delivery of certificate, notice to junior security interest holders and lienholders, and disposition of certificate when first lien or security interest satisfied, is amended by revising paragraph (2) of subsection (a) as follows: "(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. On or after January 1, 2013, the commissioner shall require that security interest holders and lienholders receive notice of recordings of security interests and liens electronically. Such requirement may be phased in based on criteria designated by the commissioner through duly adopted rules and regulations. 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." SECTION 3. Article 2 of Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by adding a new Code section to read as follows: "40-5-39. (a) The department shall endorse the driver's license of any approved limousine chauffeur employed by a limousine carrier. In order to be eligible for such endorsement, an applicant shall: (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; MONDAY, MARCH 26, 2012 3163 (3) Not have been convicted, been on probation or parole, or served time on a sentence for a period of ten years previous to the date of application for 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; (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. (b) Such endorsement shall be valid for the same term as such person's driver's license, provided that each person seeking renewal of a driver's license with such endorsement shall submit to a review of his or her criminal history for verification of his or her continued eligibility for such endorsement prior to making application for such renewal using the same process set forth in subsection (a) of this Code section. If such person no longer satisfies the background requirements set forth herein, he or she shall not be eligible for the inclusion of such endorsement on his or her driver' license, and it shall be renewed without the endorsement. (c) Every chauffeur employed by a limousine carrier shall have his or her Georgia driver's license with the prescribed endorsement in his or her possession at all times while operating a motor vehicle of a limousine carrier. (d) The department is authorized to promulgate rules and regulations as necessary to implement this Code section." PART II Conformity of Cross-References. SECTION 4. Code Section 20-1-10 of the Official Code of Georgia Annotated, relating to certification by Public Service Commission required prior to contracting with motor or contract carrier, is amended by revising subsection (b) as follows: 3164 JOURNAL OF THE SENATE "(b) No educational institution receiving state funds shall enter into an agreement with a motor carrier or contract carrier for the purpose of transporting students without first verifying that such carrier is certified by the Public Service Commission Department of Public Safety as required by Article 1 of Chapter 7 of Title 46 Article 5 of Chapter 2 of Title 35, the Federal Motor Carrier Safety Administration, or any other similarly required certifying agency." SECTION 5. Code Section 27-5-4 of the Official Code of Georgia Annotated, relating to wild animal licenses and permits generally, is amended by revising subsection (d) as follows: "(d) No wild animal license or permit shall be required for a carrier regulated either by the Interstate Commerce Commission, the Civil Aeronautics Board, or the Public Service Commission Department of Public Safety to import or transport any wild animal." SECTION 6. Code Section 34-8-35 of the Official Code of Georgia Annotated, relating to employment, is amended by revising subparagraph (n)(10)(B) as follows: "(B) The employer exercises no general control over such commission agent but only such control as is necessary to assure compliance with its filed tariffs and with the laws of the United States and the State of Georgia and the rules and regulations of the Public Service Commission Department of Public Safety, the Interstate Commerce Commission Federal Motor Carrier Safety Administration, and all other regulatory bodies having jurisdiction of the premises; and" SECTION 7. Chapter 2 of Title 35 of the Official Code of Georgia Annotated, relating to the Department of Public Safety, is amended by revising Article 5, relating to the Motor Carrier Compliance Division, as follows: "ARTICLE 5 35-2-100. There is shall be created and established a division of the Department of Public Safety to be known as the Motor Carrier Compliance Division, and within the division shall be created a section to be known as the Motor Carrier Compliance Enforcement Section. Except as provided in Code Section 35-2-102, the members of the Motor Carrier Compliance Division Enforcement Section shall be known and designated as 'law enforcement officers.' 35-2-101. (a) The Motor Carrier Compliance Division Enforcement Section of the department shall have jurisdiction throughout this state with such duties and powers as are MONDAY, MARCH 26, 2012 3165 prescribed by law. (b) The primary duties of the Motor Carrier Compliance Division Enforcement Section shall be as follows: (1) Enforcement of laws and regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements and the reporting of violations thereof to the Department of Revenue; (3) Enforcement of safety standards for motor vehicles and motor vehicle components; (4) Enforcement of laws relating to hazardous materials carriers; (5) Enforcement of all state laws on the following properties owned or controlled by the Department of Transportation or the State Road and Tollway Authority: rest areas, truck-weighing stations or checkpoints, wayside parks, parking facilities, toll facilities, and any buildings and grounds for public equipment and personnel used for or engaged in administration, construction, or maintenance of the public roads or research pertaining thereto; (6) Enforcement of Code Section 16-10-24, relating to obstructing or hindering law enforcement officers; (7) Directing and controlling traffic on any public road which is part of the state highway system but only in areas where maintenance and construction activities are being performed and at scenes of accidents and emergencies until local police officers or Georgia State Patrol officers arrive and have the situation under control; (8) Enforcement of Code Sections 32-9-4 and 40-6-54, relating to designation of restricted travel lanes; (9) Enforcement of Code Section 16-11-43, relating to obstructing highways, streets, sidewalks, or other public passages, on any public road which is part of the state highway system; (10) Enforcement of Code Section 16-7-43, relating to littering public or private property or waters, on any public road which is part of the state highway system; (11) Enforcement of Code Section 16-7-24, relating to interference with government property, on any public road which is part of the state highway system; and (12) Enforcement of any state law when ordered to do so by the commissioner. (c) In performance of the duties specified in subsection (b) of this Code section, certified law enforcement officers employed by the department or designated by the commissioner shall: (1) Be authorized to carry firearms; (2) Exercise arrest powers; (3) Have the power to stop, enter upon, and inspect all motor vehicles using the public highways for purposes of determining whether such vehicles have complied with and are complying with laws, the administration or enforcement of which is the responsibility of the department; (4) Have the power to examine the facilities where motor vehicles are housed or maintained and the books and records of motor carriers for purposes of determining 3166 JOURNAL OF THE SENATE compliance with laws, the administration or enforcement of which is the responsibility of the department; and (5) Exercise the powers generally authorized for law enforcement officers in the performance of their duties or otherwise to the extent needed to protect any life or property when the circumstances demand action. (d) The commissioner shall authorize law enforcement officers of the Motor Carrier Compliance Division Enforcement Section to make use of dogs trained for the purpose of detection of drugs and controlled substances while such officers are engaged in the performance of their authorized duties. If such authorized use of such a dog indicates probable cause to indicate the presence of contraband, the officer or officers shall in those circumstances have the full authority of peace officers to enforce the provisions of Article 2 of Chapter 13 of Title 16, the 'Georgia Controlled Substances Act,' and Article 3 of Chapter 13 of Title 16, the 'Dangerous Drug Act'; provided, however, that the department must immediately notify the local law enforcement agency and district attorney of the jurisdiction where a seizure is made. (e)(1) Certified law enforcement officers employed by the Motor Carrier Compliance Division Enforcement Section may use a department motor vehicle while working an approved off-duty job, provided that: (A) The off-duty employment is of a general nature that is the subject of a contract between the off-duty employer and the department and is service in which the use of the department motor vehicle is a benefit to the department or is in furtherance of the department's mission; (B) The off-duty employer agrees to pay and does pay to the department an amount determined by the commissioner to be sufficient to reimburse the department for the use of the vehicle and to pay the off-duty employee sufficient compensation. Pursuant to such contract, the department shall pay the employee of the department the compensation earned on off-duty employment whenever such employee performs such service in a department motor vehicle; and (C) The commissioner has specifically approved, in writing, the individual use of the vehicle by the employee. (2) At no time will an off-duty employee be allowed use of a department motor vehicle at any political function of any kind. 35-2-102. (a) The commissioner is authorized to establish a position to be known as 'weight inspector' within the Motor Carrier Compliance Division Enforcement Section of the Department of Public Safety. Weight inspectors shall be assigned to fixed scales facilities and shall not be authorized to operate outside such facilities. The number of such positions shall be determined by the commissioner within the limits set by available appropriations. Weight inspectors may be divided into such ranks as the commissioner deems appropriate. (b) The commissioner shall ensure that a weight inspector is properly trained regarding laws governing commercial motor vehicle weight, registration, size, and load, MONDAY, MARCH 26, 2012 3167 including, but not limited to, commercial motor vehicle provisions in Article 2 of Chapter 6 of Title 32 and safety standards for commercial motor vehicles and such motor vehicle components. The training required in the areas required by this subsection shall be equivalent to training provided to certified officers in the Motor Carrier Compliance Division Enforcement Section. (c) A weight inspector, at the fixed scales facility, shall be authorized to: (1) Enforce noncriminal provisions relating to commercial motor vehicle weight, registration, size, and load and assess a civil penalty for a violation of such provisions; and (2) Detain a commercial motor vehicle that: (A) Has a safety defect which is critical to the continued safe operation of the vehicle; (B) Is being operated in violation of any criminal law; or (C) Is being operated in violation of an out-of-service order as reported on the federal Safety and Fitness Electronic Records data base. The detention authorized by this paragraph shall be for the purpose of contacting a certified member of the Motor Carrier Compliance Division Enforcement Section or Georgia State Patrol. A certified officer shall report to the scene of a detained vehicle and take any further action deemed appropriate including completing the inspection and investigation, making an arrest, or bringing criminal or civil charges. (d) A weight inspector is not a peace officer and shall not be authorized to carry a firearm or exercise any power of arrest other than a citizen's arrest in accordance with Code Sections 17-4-60 and 17-4-61. At all times while a weight inspector is on duty, there shall be a supervisor over the weight inspector also on duty who shall be a certified peace officer." SECTION 8. Title 40 of the Official Code of Georgia Annotated, relating to motor vehicles and traffic, is amended by revising paragraph (4) of Code Section 40-2-1, relating to definitions applicable to registration and licensing of motor vehicles, as follows: "(4) 'Motor carrier' means: (A) Any entity subject to the terms of the Unified Carrier Registration Agreement pursuant to 49 U.S.C. Section 14504a whether engaged in interstate or intrastate commerce, or both; or (B) Any entity defined by the commissioner, or commissioner of public safety, or Public Service Commission who operates or controls commercial motor vehicles as defined in 49 C.F.R. Section 390.5, Title 46, or this chapter whether operated in interstate or intrastate commerce, or both." SECTION 9. Said title is further amended by revising subsection (a) of Code Section 40-2-162, relating to formulas, rules, and apportionment of cost of annual license fees of motor buses to motor common carriers of passengers for hire operating partially outside state, as 3168 JOURNAL OF THE SENATE follows: "(a) The commissioner shall apportion the cost of the annual fees for the licensing of motor buses to motor common carriers of passengers for hire operating a fleet of two or more motor buses either interstate, or both interstate and intrastate, under the authority of the Interstate Commerce Commission or under authority of both the Interstate Commerce Commission Federal Motor Carrier Safety Administration and the Public Service Commission Department of Public Safety of this state. The apportionment shall be done so that the total cost of the fees shall bear the same proportion to the annual fees for motor buses as the total number of miles traveled by the fleet of the carrier in this state in both interstate and intrastate operations during the preceding year bears to the total number of miles traveled by the fleet during the year in both interstate and intrastate operations." SECTION 10. Said title is further amended by revising subsection (c) of Code Section 40-6-248.1, relating to securing loads on vehicles, as follows: "(c) Nothing in this Code section nor any regulations based thereon shall conflict with federal, Georgia Public Service Commission, Georgia Department of Public Safety, or Georgia Board of Public Safety regulations applying to the securing of loads on motor vehicles." SECTION 11. Said title is further amended by revising subsection (b) of Code Section 40-16-2, relating to the primary responsibilities of the Department of Driver Services, as follows: "(b) Responsibility for the following functions formerly exercised by the Department of Motor Vehicle Safety is transferred as follows: (1) Promulgation of regulations relating to the size and the weights of motor vehicles, trailers, and loads as provided for in Article 2 of Chapter 6 of Title 32 shall be vested in the Department of Transportation; and administrative enforcement of such regulations and the law enforcement function of apprehending and citing violators of such laws and regulations are transferred to the Department of Public Safety, as well as the function of promulgating regulations relative to its enforcement function; (2) Enforcement of laws and regulations relating to licensing and fuel tax registration requirements is transferred to the Department of Public Safety; (3) Administration of laws and regulations relating to certification of motor carriers and limousine carriers is transferred to the Public Service Commission Department of Public Safety and administration of laws and regulations relating to carrier registration and registration and titling of vehicles is transferred to the Department of Revenue;" SECTION 12. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising Code Section 44-1-13, relating to removal of improperly parked cars or MONDAY, MARCH 26, 2012 3169 trespassing on personal property, as follows: "44-1-13. (a) As used in this Code section, the term: (1) 'Commission Department' means the Public Service Commission Department of Public Safety. (2) 'Private property' means any parcel or space of private real property. (a.1) Any person or his or her authorized agent entitled to the possession of any private property shall have the right to remove or cause to be removed from the property any vehicle or trespassing personal property thereon which is not authorized to be at the place where it is found and to store or cause to be stored such vehicle or trespassing personal property, provided that there shall have been conspicuously posted on the private property notice that any vehicle or trespassing personal property which is not authorized to be at the place where it is found may be removed at the expense of the owner of the vehicle or trespassing personal property. Such notice shall also include information as to the location where the vehicle or personal property can be recovered, the cost of said recovery, and information as to the form of payment; provided, however, that the owner of residential private property containing not more than four residential units shall not be required to comply with the posting requirements of this subsection. Only towing and storage firms issued permits or licenses by the local governing authority of the jurisdiction in which they operate or by the commission department, and having a secure impoundment facility, shall be permitted to remove trespassing property and trespassing personal property at the request of the owner or authorized agent of the private property. (b)(1) The commission department shall have the authorization to regulate and control the towing of trespassing vehicles on private property if such towing is performed without the prior consent or authorization of the owner or operator of the vehicle, including the authority to set just and reasonable rates, fares, and charges for services related to the removal, storage, and required notification to owners of such towed vehicles. No storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. The commission department is authorized to impose a civil penalty for any violation of this Code section in an amount not to exceed $2,500.00. (2) In accordance with subsection (d) of this Code section, the governing authority of a municipality may require towing and storage operators to charge lower maximum rates on traffic moving between points within such municipality than those provided by the commission department's maximum rate tariff and may require higher public liability insurance limits and cargo insurance limits than those required by the commission department. The governing authority of a municipality shall not provide for higher maximum costs of removal, relocation, or storage than is provided for by the commission department. (c) In all municipalities, except a consolidated city-county government, having a 3170 JOURNAL OF THE SENATE population of 100,000 or more according to the United States decennial census of 1970 or any future such census a person entitled to the possession of an off-street parking area or vacant lot within an area zoned commercial by the municipality shall have the right to remove any vehicle or trespassing personal property parked thereon after the regular activity on such property is concluded for the day only if access to such property from the public way is blocked by a sturdy chain, cable, or rope stretched at least 18 inches above grade across all driveways or other ways providing access to the off-street parking area or vacant lot and there is conspicuously posted in the area a notice, the location of which must be approved by the municipality's police department, that any vehicle or trespassing personal property parked thereon which is not authorized to be in such area may be removed at the expense of the owner along with information as to where the vehicle or trespassing personal property may be recovered, the cost of said recovery, and information regarding the form of payment. (d)(1) In addition to the regulatory jurisdiction of the commission department, the governing authority of each municipality having towing and storage firms operating within its territorial boundaries may require and issue a license or permit to engage in private trespass towing within its corporate municipal limits pursuant to this Code section to any firm meeting the qualifications imposed by said governing authority. The fee for the license or permit shall be set by such governing authority. The maximum reasonable costs of removal, relocation, and storage pursuant to the provisions of this Code section shall be compensatory, as such term is used in the public utility rate-making procedures, and shall be established annually by the governing authority of each municipality having towing and storage firms operating within its territorial boundaries; provided, however, that no storage fees shall be charged for the first 24 hour period which begins at the time the vehicle is removed from the property, and no such fees shall be allowed for the removal and storage of vehicles removed by towing and storage firms found to be in violation of this Code section. (2) Towing and storage firms operating within a municipality's corporate limits shall obtain a nonconsensual towing permit from the commission department and shall file its registered agent's name and address with the commission department. (e) Any person who suffers injury or damages as a result of a violation of this Code section may bring an action in any court of competent jurisdiction for actual damages, which shall be presumed to be not less than $100.00, together with court costs. A court shall award three times actual damages for an intentional violation of this Code section. (f) It shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm, permitted or unpermitted, licensed or unlicensed, to enter into any agreement with any person in possession of private property to provide automatic or systematic surveillance of such property for purposes of removal and relocation of any such vehicle or trespassing personal property except upon call by such person in possession of such private property to such towing and storage firm for each individual case of trespass; provided, further, that it shall be unlawful and punishable by a fine of $1,000.00 for any towing and storage firm to pay to any private property owner or one MONDAY, MARCH 26, 2012 3171 in possession of private property any fee or emolument, directly or indirectly, for the right to remove a vehicle or trespassing personal property from said private property." SECTION 13. Said title is further amended by revising Code Section 44-7-59, relating to removal of transportable housing from lands subject to writ of possession, as follows: "44-7-59. If the court issues a writ of possession to property upon which the tenant has placed a manufactured home, mobile home, trailer, or other type of transportable housing and the tenant does not move the same within ten days after a final order is entered, the landlord shall be entitled to have such transportable housing moved from the property at the expense of the tenant by a motor common carrier licensed by the Public Service Commission Department of Public Safety for the transportation of manufactured housing. There shall be a lien upon such transportable housing to the extent of moving fees and storage expenses in favor of the person performing such services. Such lien may be claimed and foreclosed in the same manner as special liens on personalty by mechanics under Code Sections 44-14-363 and 44-14-550, except that storage fees not to exceed $4.00 per day shall be expressly allowed." SECTION 14. 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 Product Trucking Rules, as follows: "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)(1) 'Certificate' means a certificate of public convenience and necessity issued pursuant to this title. (3)(2) 'Commission' means the Public Service Commission. (4)(3) 'Company' shall include a corporation, a firm, a partnership, an association, or an individual. (5)(4) 'Electric utility' means any retail supplier of electricity whose rates are fixed by the commission. (5.1) '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 3172 JOURNAL OF THE SENATE 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)(5) 'Gas company' means any person certificated under Article 2 of Chapter 4 of 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) Reserved. (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 household goods or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13 for hire over any public highway in this state. Vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8. (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 household goods, or both, or engaged in the activity of nonconsensual towing pursuant to Code Section 44-1-13, 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 MONDAY, MARCH 26, 2012 3173 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 which operate within the corporate limits of municipalities and are subject to regulation by the governing authorities of such municipalities; the provisions of this division notwithstanding, vehicles and the drivers thereof operating within the corporate limits of any city shall be subject to the safety regulations adopted by the commissioner of public safety pursuant to Code Section 40-1-8; (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) Reserved; (vi) Reserved; (vii) Reserved; (viii) Motor vehicles owned and operated exclusively by the United States government or by this state or any subdivision thereof; (ix) Reserved; (x) Reserved; (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 subparagraph; (xiv) Reserved; or (xv) Ambulances. (10) 'Passenger' means a person who travels in a public conveyance by virtue of a 3174 JOURNAL OF THE SENATE 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) Reserved. (12)(6) '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) Reserved. (14) 'Public highway' means every public street, road, highway, or thoroughfare of any kind in this state. (15)(7) '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)(8) '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)(9) '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 commission." SECTION 15. Said title is further amended by revising Code Section 46-3-38, relating to applicability of part to moving or transportation of houses or buildings, as follows: "46-3-38. In addition to the exceptions set forth in Code Section 46-3-37, this part shall not be construed as applying to and shall not apply to the moving or transportation of houses or buildings or parts thereof when such moving is under the jurisdiction of, and is undertaken pursuant to authority granted by, the Georgia Public Service Commission Department of Public Safety." SECTION 16. Said title is further amended by repealing Chapter 7, relating to motor carriers, and designating said chapter as reserved. MONDAY, MARCH 26, 2012 3175 SECTION 17. Said title is further amended by repealing Code Section 46-9-6, relating to limitations of actions against carriers for recovery of overcharges, requirements regarding rates, charges, and claims for loss or damage, and designating said Code section as reserved. SECTION 18. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising division (5)(B)(ii) of Code Section 48-8-3, relating to exemptions from the state sales and use tax, as follows: "(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 Department of Public Safety, and whose fares and charges are regulated by the Public Service Commission Department of Public Safety, 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 Department of Public Safety, 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;" SECTION 19. Said title is further amended by revising Code Section 48-8-93, relating to nonimposition of tax on property ordered by and delivered to a purchaser outside a special district and conditions of delivery, as follows: "48-8-93. No tax provided for in Code Section 48-8-82 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 joint 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 Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Department of Public Safety." SECTION 20. Said title is further amended by revising Code Section 48-8-107, relating to property ordered by and delivered to a purchaser at a point outside the geographical area of a special district in which tax is imposed, as follows: "48-8-107. No sales and use tax provided for in Code Section 48-8-102 shall be imposed upon the 3176 JOURNAL OF THE SENATE 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 sales and use tax is imposed under this article 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 Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Department of Public Safety." SECTION 21. Said title is further amended by revising Code Section 48-8-117, relating inapplicability of tax to certain sales of tangible personal property outside the taxing county, as follows: "48-8-117. 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 Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Georgia Department of Public Safety." SECTION 22. Said title is further amended by revising Code Section 48-8-208, relating to no tax on products ordered and delivered outside geographical area of a municipality, as follows: "48-8-208. 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 municipality 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 Federal Highway Administration Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Georgia Department of Public Safety." SECTION 23. Said title is further amended by revising Code Section 48-8-253, relating to nonimposition of tax on property ordered by and delivered to purchaser outside special district and conditions on delivery, as follows: "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 Federal Motor Carrier Safety Administration or the Georgia Public Service Commission Georgia Department of Public Safety." MONDAY, MARCH 26, 2012 3177 SECTION 24. Said title is further amended by revising subsection (a) of Code Section 48-13-16, relating to excluded businesses or practitioners and other laws on occupation taxes or registration fees of local governments not repealed, as follows: "(a) The following businesses or practitioners shall be excluded from occupation tax, registration fees, or regulatory fees under the provisions of this article but shall be subject to taxation and regulation as otherwise provided by general law and municipal charters: (1) Those businesses regulated by the Georgia Public Service Commission and the Georgia Department of Public Safety; (2) Those electrical service businesses organized under Chapter 3 of Title 46; and (3) Any farm operation for the production from or on the land of agricultural products, but not including any agribusiness." SECTION 25. Said title is further amended by revising subsection (b) of Code Section 48-13-18, relating to levy by municipalities of occupation taxes on licensed businesses, trades, and professions and prohibition of municipal licensing or taxation of businesses, trades, or operations operating registered vehicles, as follows: "(b) Nothing contained in this Code section shall be construed to authorize the municipal licensing or taxation of businesses, trades, or occupations operating motor vehicles required to be registered with the Public Service Commission Department of Public Safety of this state." SECTION 26. Article 6 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to construction of Chapter 32, the "Georgia Regional Transportation Authority Act," is amended by revising Code Section 50-32-71, relating to exemption of buses, motor vehicles, and rapid rail systems of the authority from motor carrier regulations, as follows: "50-32-71. No provision of Chapter 7 of Title 46 Chapter 1 of Title 40 shall apply to any bus, other motor vehicle, or rapid rail system of the authority which provides transit services." PART III Effective Date and Repealer. SECTION 27. This Act shall become effective on July 1, 2012. SECTION 28. All laws and parts of laws in conflict with this Act are repealed. 3178 JOURNAL OF THE SENATE Senator Balfour of the 9th offered the following amendment #1 to the committee substitute to HB 865: Strike lines 474 through 480 and replace with the following: "(c) Except in those cases where the Constitution requires otherwise, for the purposes of venue only, any truck engaged exclusively in the transportation of agricultural or dairy products, or both, between farm, market, gin, warehouse, or mill shall not be classified as a motor common or contract carrier." On lines 180 & 181, delete the words "persons or household goods, or both" and insert the words "persons, household goods, property". And, On lines 253, 294, 308, 322, 370 and 494, after the words "household goods," insert the words "or property". On the adoption of the amendment, there were no objections, and the Balfour 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins MONDAY, MARCH 26, 2012 3179 Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 3. HB 865, having received the requisite constitutional majority, was passed by substitute. HB 869. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. Senators Ligon, Jr. of the 3rd, Carter of the 1st and Jackson of the 2nd offered the following amendment #1: Amend HB 869 (LC 40 0036) by striking line 9 and inserting in lieu thereof the following: board; to authorize the repeal of certain rules or regulations; to create and provide for responsibilities of the Coastal Finfish Advisory Panel; to change certain provisions relating to fishing with bow and arrow; to repeal certain By inserting "(a)" at the beginning of line 161 and striking line 166 and inserting in lieu thereof the following: for by this title. (b) Within the first ten days of a subsequent legislative session, the board shall report to the appropriate standing committees of each house and to all members whose districts are included within current boundaries of the First Congressional District the following information for the previous year: (1) A listing and description of rules promulgated by the board for salt-water species listed in Code Section 27-4-10; and 3180 JOURNAL OF THE SENATE (2) A listing and description of any findings made by the department in making a determination pursuant to Code Section 27-4-130. (c) The General Assembly may override any rule or regulation promulgated by the board affecting salt-water finfish fisheries after January 1, 2013, by adopting a joint resolution of the General Assembly so stating, the provisions of Code Section 50-13-4 notwithstanding." SECTION 6A. Said title is further amended by adding a new Code section to read as follows: "27-4-13. (a) The Coastal Finfish Advisory Panel is established and shall be attached to the Department of Natural Resources for administrative purposes. The Coastal Finfish Advisory Panel shall consist of 11 members. One member shall be appointed by the commissioner from each of the following counties: Chatham, Bryan, Liberty, McIntosh, Glynn, and Camden. The remaining five members shall reside within the First Congressional District and shall also be appointed by the commissioner. Each member shall serve for a term of two years. Members of the advisory panel shall serve without compensation. (b) The Coastal Finfish Advisory Panel shall consult with the department to promote and protect recreational and commercial salt-water fishing in this state. (c) The department shall consult with the Coastal Finfish Advisory Panel on all issues affecting salt-water finfish fisheries, including but not limited to decisions made by the commissioner pursuant to Code Section 27-4-130. The Coastal Finfish Advisory Panel shall be authorized to submit to the General Assembly a report detailing its objection to any rule or regulation adopted by the department under the authority of this chapter." By striking line 389 and inserting in lieu thereof the following: Section 27-2-23; provided, however, that no cashier employed by a licensed bait dealer and not actively involved in the harvest of bait shrimp shall be required to obtain a commercial fishing license under this Code section. No bait dealer license shall be issued to a person holding a commercial On the adoption of the amendment, the President asked unanimous consent. Senator Tolleson of the 20th objected. On the adoption of the amendment, the yeas were 25, nays 17, and the Ligon, 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. MONDAY, MARCH 26, 2012 3181 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 51, nays 0. HB 869, having received the requisite constitutional majority, was passed as amended. The following Senators were excused for business outside the Senate Chamber: Jones of the 10th Rogers of the 21st HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; 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. 3182 JOURNAL OF THE SENATE The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 872: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to provide for definitions, procedures, conditions, limitations, and prohibitions relating to the buying and selling of regulated metal property; to provide that secondary metals recyclers shall only purchase coil and certain copper wire from certain persons; to provide that secondary metals recyclers shall only purchase burial objects from certain persons; to change certain provisions relating to records secondary metals recyclers are to required to maintain and provide to sheriffs; to change certain provisions relating to inspections by law enforcement officers; to change certain provisions relating to payment by secondary metals recyclers for regulated metal property; to provide for powers, duties, and authority of sheriffs and other law enforcement officers; to provide for permits and fees; to provide for a state-wide data base; to provide for criminal offenses and penalties; to provide for forfeiture of certain property and procedure therefor; to provide for local regulation of the sale and purchase of regulated metal property; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to make certain changes for purposes of conformity; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for verification that a vehicle is not subject to any secured interest or lien; to provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts and verification that a vehicle is not subject to any secured interest or lien, subject to a contingency; to provide for definitions; to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, so as to change certain provisions relating to the release of security interests and liens; to provide for related matters; to provide effective dates and a contingency; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and MONDAY, MARCH 26, 2012 3183 other trade practices, is amended by revising Article 14, relating to secondary metals recyclers, to read as follows: "ARTICLE 14 10-1-350. As used in this article, the term: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Burial object' means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted. (3) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser. (4) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (5) 'Deliverer' means any person who takes or transports the regulated metal property to the secondary metals recycler. (1)(6) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (2)(7) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (3)(8) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof. (4)(9) 'Person' means an individual a natural person, partnership, corporation, joint venture, trust, association, and or any other legal business entity. (5)(10) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or an appropriate work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security, which shall contain the individual's name, address, and photograph. (6)(11) 'Purchase transaction' means a transaction in which a the secondary metals recycler gives consideration in exchange for regulated metal property. (7)(12) 'Regulated metal property' means any item composed primarily of any ferrous metals or nonferrous metals, and includes aluminum property, copper property, and catalytic converters but shall not include batteries, aluminum beverage containers, used beverage containers, or similar beverage containers. (8)(13) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for ferrous 3184 JOURNAL OF THE SENATE or nonferrous metals regulated metal property that have has served their its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. (14) 'Seller' means the rightful owner of the regulated metal property or the person authorized by the rightful owner of the regulated metal property to conduct the purchase transaction; provided, however, that if the rightful owner of the regulated metal property is a person other than a natural person, such owner shall authorize a natural person to conduct the purchase transaction. 10-1-351. (a) No secondary metals recycler shall purchase any coil unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; or (2) A seller with verifiable documentation, such as a receipt or work order, indicating that the coils are the result of a replacement of condenser coils or a heating or airconditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43. (b) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; or (2) A seller with a copy of a police report showing that such seller's real property was involved in a fire. 10-1-352. (a) No secondary metals recycler shall purchase a burial object unless it is purchased from: (1) A funeral director licensed under the provisions of Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A cemetery owner registered pursuant to Code Section 10-14-4 or with another state who provides a copy of his or her valid registration at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler; (3) A manufacturer or distributor of burial objects who provides a copy of his or her valid business license at the time of sale that is scanned or photocopied by the MONDAY, MARCH 26, 2012 3185 secondary metals recycler and a letter from the owner or operator of the manufacturing or distributing business expressly recognizing the seller as an employee or authorized agent of the manufacturer or distributor or whose scanned or photocopied business license and letter are on file with the secondary metals recycler; or (4) A person with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object. (b) Any person who sells or purchases a burial object as scrap metal in violation of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years. 10-1-351. 10-1-353. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information: (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a reasonably clear manner; (4)(5) The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; (5)(6) A signed and sworn affidavit from the person receiving consideration in the purchase transaction stating that he or she is the rightful owner of the regulated metal property or is entitled has been authorized by the rightful owner of the regulated metal property to sell the regulated metal property being sold; (7) A signed and sworn affidavit from the seller stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (batteries, aluminum beverage containers, used beverage containers, or similar beverage containers are exempt) may be purchased by a secondary metals recycler unless such secondary metals recycler is a holder of a valid permit issued pursuant to Article 14 of Chapter 1 3186 JOURNAL OF THE SENATE of Title 10 of the Official Code of Georgia Annotated'; (6)(8) A photocopy scanned or photocopied copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; (9) A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format; (7)(10) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; and (8)(11) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; (12) A scanned or photocopied copy of the verifiable documentation, reports, licenses, and registrations, required pursuant to Code Sections 10-1-351 and 10-1352; and (13) A scanned or photocopied copy of the permit issued by the sheriff pursuant to Code Section 10-1-360, if the regulated metal property is purchased from a secondary metals recycler. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) A secondary metals recycler shall provide all of the information required by subsection (a) of this Code section for each transaction, except for the amount of consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of this Code section, to the sheriff of the county from which a secondary metals recycler has been issued a permit pursuant to Code Section 10-1-360; provided, however, that if the secondary metals recycler has been issued more than one permit, then such information shall only be provided to the sheriff of the county in which the purchase transaction took place. (c)(d) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles statement on a form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form. (e) It shall be unlawful to make a false statement in executing the affidavit required by either paragraph (6) or (7) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 1610-71. MONDAY, MARCH 26, 2012 3187 10-1-352. 10-1-354. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect: (1) Any and all purchased regulated metal property in the possession of the secondary metals recycler; and (2) Any and all records required to be maintained under Code Section 10-1-351 10-1353. 10-1-352.1. 10-1-355. (a) As used in this Code section, the terms: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (c) The provisions of this Code section shall not apply to any transaction between business entities. (a) A secondary metals recycler shall pay only by check, voucher, or electronic funds transfer for regulated metal property. (b) If the seller of the regulated metal property is an employee or authorized agent of a business entity as evidenced by a copy of a valid business license and a letter from the owner or operator of the business expressly recognizing the seller as an employee or authorized agent, then payment for the regulated metal property shall be made only by check or electronic funds transfer, at the option of the seller, made payable to the business entity and mailed to or electronically transferred using the address of such business entity 14 days immediately following the sale. (c)(1) If the seller of the regulated metal property is not an employee or authorized agent of a business entity or elects to be paid in his or her name, the payment for the regulated metal property shall be by check, electronic funds transfer, or voucher, at the option of the seller. (2) If the seller elects payment by check or electronic funds transfer pursuant to paragraph (1) of this subsection, the check or electronic funds transfer shall be made payable only to the natural person who was recorded as the seller of the regulated 3188 JOURNAL OF THE SENATE metal property to the secondary metals recycler and mailed to or electronically transferred using the address indicated on the personal identification card of the seller presented at the time of such sale 14 days immediately following the sale. (3) If the seller elects payment by voucher pursuant to paragraph (1) of this subsection, the secondary metals recycler shall mail the seller a voucher for the amount of regulated metal property purchased 14 days immediately following the sale. Such voucher shall made payable only to the natural person who was recorded as the seller of the regulated metal property to the secondary metals recycler and mailed to the address indicated on the personal identification card of the seller presented at the time of such sale. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date. 10-1-353. 10-1-356. (a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the notice issued in accordance with this Code section, the secondary metals recycler receiving the notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (b) No later than the expiration of the 15 day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the extended hold notice issued in accordance with this Code section, the secondary metals recycler receiving the extended hold notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice MONDAY, MARCH 26, 2012 3189 by the secondary metals recycler, unless sooner released by a law enforcement officer. (c) At the expiration of the hold period or, if extended in accordance with this Code section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless other disposition has been ordered by a court of competent jurisdiction. 10-1-354. 10-1-357. (a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located or in which the secondary metals recycler has been issued a permit pursuant to Code Section 10-1-360. The petition for such action shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler. (b) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the person who sold the regulated metal property to the secondary metals recycler seller or deliverer is convicted of theft by taking, theft by conversion, a violation of this article, theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate. (c) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the lawful owner. 10-1-355. 10-1-358. This article shall not apply to purchases of regulated metal property from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof 3190 JOURNAL OF THE SENATE thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates or sells regulated metal property in the ordinary course of its business. 10-1-356. 10-1-359. It shall be unlawful for: (1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 9:00 7:00 P.M. and 6:00 7:00 A.M.; and (2) Any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a secondary metals recycler in return for regulated metal property personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction. 10-1-360. (a) Each secondary metals recycler shall be required to obtain a permit before engaging in the purchase of regulated metal property. If the secondary metals recycler is a person other than a natural person, such person shall obtain a permit from the sheriff of each county in which the secondary metals recycler maintains a place of business. If the secondary metals recycler is a natural person, he or she shall obtain a permit from the sheriff of the county in which he or she resides or if such natural person is a nonresident of this state, he or she shall obtain a permit from the sheriff of the county in Georgia where he or she primarily engages or intends to primarily engage in business as a secondary metals recycler. The secondary metals recycler shall declare on a form provided by the sheriff that he or she is informed of and will comply with the provisions of this article. The sheriff shall issue a permit to the secondary metals recycler and shall keep a record of each permit issued pursuant to this subsection. Each permit shall be valid for 12 months. (b)(1) The sheriff shall enter into a state-wide electronic data base a record of all permits including, at a minimum, the date of issuance and the name and address of the permit holder. Such data base shall be established through coordination with the Georgia Bureau of Investigation and shall be accessible and searchable by all law enforcement officers in this state. (2) The sheriff shall enter the information provided to him or her by a secondary metals recycler pursuant to subsection (c) of Code Section 10-1-353 into the data base established pursuant to paragraph (1) of this subsection. (3) The sheriff shall be authorized to: (A) Delegate to personnel in the sheriff's office the issuance of permits and entering into the data base of the records of the permits and the information provided to him or her by a secondary metals recycler pursuant to subsection (c) of Code Section 101-353; and (B) Enter into contracts with the governing authority of a county, municipality, or consolidated government for such governing authority to provide by ordinance for MONDAY, MARCH 26, 2012 3191 the issuance of such permits and the entry of such information into the data base by other law enforcement agencies, by staff of the governing authority, or by secondary metals recyclers. Any such contract shall provide for reimbursement to such governing authority for permit issuance or entry of information into the data base, or both, as is applicable, (4) The sheriff shall be authorized to assess and require payment of a reasonable permit fee prior to the issuance of each permit for the purpose of establishing and maintaining the data base, not to exceed $200.00. (c) It shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without a valid permit required pursuant to subsection (a) of this Code section. (d) Any person convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature. 10-1-357. 10-1-361. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (a) Except as provided for in subsection (b) of Code Section 10-1-352, subsection (e) of Code Section 10-1-353, and subsection (c) of Code Section 10-1-360, any person who buys or sells regulated metal property in violation of any provision of this article: (1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and (3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a 3192 JOURNAL OF THE SENATE crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees. 10-1-362. (a) As used in this Code section, the term: (1) 'Crime' means: (A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property; (B) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or (C) A criminal violation of this article. (2) 'Proceeds' shall have the same meaning as set forth in Code Section 16-13-49. (3) 'Property' shall have the same meaning as set forth in Code Section 16-13-49. (b) The following are declared to be contraband, and no person shall have a property right in them: (1) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and (2) Any weapon possessed, used, or available for use in any manner to facilitate a crime. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49. 10-1-358. 10-1-363. The General Assembly finds that although this article is a matter of state-wide concern, local regulation may nonetheless be appropriate in order to enhance further the ability of law enforcement personnel to perform their duties. This article supersedes and preempts all Consequently, this article shall be supplementary to local regulation and shall not supersede or preempt any rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property." SECTION 1-2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, as follows: "(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, MONDAY, MARCH 26, 2012 3193 by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both." SECTION 1-3. Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by revising paragraphs (2) and (3) of subsection (a) as follows: "(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a secondary metals recycler, a licensed used motor vehicle parts dealer under Code Section 43-477 licensed pursuant to Chapter 47 of Title 43, or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle, including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner: (i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and 3194 JOURNAL OF THE SENATE (J)(K) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration." SECTION 1-4. Said Code section is further amended by adding a new subsection to read as follows: "(j) As used in this Code section, the terms: (1) 'Scrap metal processor' shall have the same meaning as set forth in Code Section 43-43-1. (2) 'Secondary metals recycler' shall have the same meaning as set forth in Code Section 10-1-350. (3) 'Used motor vehicle parts dealer' shall have the same meaning as set forth in Code Section 43-47-2." SECTION 1-5. Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, is amended by revising paragraph (1) of subsection (a) and revising subsection (c) as follows: "(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the 'holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release." "(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest for a vehicle which is 11 model years old or less shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. For a vehicle which is 12 model years old and greater, any lien or security interest shall be considered satisfied and a release shall not be required after four years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years MONDAY, MARCH 26, 2012 3195 for a vehicle which is 11 model years old or less or beyond a period of more than four years for a vehicle which is 12 model years old or greater, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle which is 11 model years old or less or more than four years for a vehicle which is 12 model years old and greater, other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent." PART II SECTION 2-1. Code Section 40-3-36 of the Official Code of Georgia Annotated, as amended by Section 21(b) of Ga. L. 2011, p. 355, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by revising paragraphs (2) and (3) of subsection (a) as follows: "(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner: (i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; 3196 JOURNAL OF THE SENATE (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and (J)(K) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3)(A) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (B) Notwithstanding the requirement to mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department, the department shall provide a mechanism for the receipt of the information required to be obtained in the statement by electronic means, at no cost to the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor, in lieu of the physical delivery of the statement, in which case the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years. (C) Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, either by facsimile or by other electronic means to be made available by the department by January 1, 2012, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information: (i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United MONDAY, MARCH 26, 2012 3197 States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle. There shall be no charge to either a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department. (D) For purposes of this subsection, the term 'motor vehicle' shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years. (E) The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 C.F.R. 25.56. (F) The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities. (G) All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card." SECTION 2-2. Said Code section is further amended by adding a new subsection to read as follows: "(j) As used in this Code section, the terms: (1) 'Scrap metal processor' shall have the same meaning as set forth in Code Section 43-43-1. (2) 'Secondary metals recycler' shall have the same meaning as set forth in Code Section 10-1-350. (3) 'Used motor vehicle parts dealer' shall have the same meaning as set forth in Code Section 43-47-2." 3198 JOURNAL OF THE SENATE PART III SECTION 3-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012, and shall apply to all offenses committed on or after such date. (b) Part II of this Act shall become effective only upon Section .1 of Ga. L. 2011, p. 355 becoming effective as provided by Section 21(b) of that Act. SECTION 3-2. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Grant E Hamrick E Harbison N Heath Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon N Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 43, nays 4. HB 872, having received the requisite constitutional majority, was passed by substitute. MONDAY, MARCH 26, 2012 3199 HB 898. By Representatives Ehrhart of the 36th, Morris of the 155th and Harden of the 28th: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to prohibit certain fees; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Banking and Financial Institutions Committee offered the following substitute to HB 898: A BILL TO BE ENTITLED AN ACT To amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer limited purpose banks; to provide for the promulgation of rules and regulations; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for a registered agent requirement; to provide for applicable fees; to provide for a procedure for application approval and denial; to provide for the issuance and effect of certificates of incorporation; to provide for liability for conducting business as a merchant acquirer limited purpose bank without department approval; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, is amended by adding a new Chapter 9 to read as follows: 3200 JOURNAL OF THE SENATE "CHAPTER 9 7-9-1. This chapter shall be known and may be cited as the 'Georgia Merchant Acquirer Limited Purpose Bank Act.' 7-9-2. As used in this chapter, the term: (1) 'Commissioner' means the commissioner of banking and finance. (2) 'Corporation' means a corporation organized under the laws of this state, the United States, or any other state, territory, or dependency of the United States or under the laws of a foreign country. (3) 'Department' means the Department of Banking and Finance. (4) 'Eligible organization' means a corporation that at all times maintains an office in the State of Georgia at which it or its parent, affiliates, or subsidiaries employ at least 250 persons residing in this state who are directly or indirectly engaged in merchant acquiring activities or settlement activities, including providing the following services related to merchant acquiring activities or settlement activities, either for the eligible organization or on behalf of others: (A) Administrative support; (B) Information technology support; (C) Financial support; and (D) Tax and finance support. (5) 'Holding company' means any company that controls a merchant acquirer limited purpose bank. For purposes of this paragraph, the terms 'company' and 'control' shall have the meanings set forth in Code Section 7-1-605. (6) 'Merchant' means an individual or entity authorized by a payment card network to accept payments in exchange for goods or services. (7) 'Merchant acquirer limited purpose bank' means a corporation organized under this chapter and the activities of which are limited to those permitted under Code Section 7-9-11. (8) 'Merchant acquiring activities' means the various activities associated with effecting transactions within payment card networks, including obtaining and maintaining membership in one or more payment card networks; signing up and underwriting merchants to accept payment card network branded payment cards; providing the means to authorize valid card transactions at client merchant locations; facilitating the clearing and settlement of the transactions through a payment card network; providing access to one or more payment card networks to merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates; sponsoring the participation of merchant acquirer limited purpose bank affiliates, customers, or customers of its affiliates in one or more payment card networks; and conducting such other activities as may be necessary, convenient, or incidental to effecting transactions within payment card networks. MONDAY, MARCH 26, 2012 3201 (9) 'Payment card network' means any organization, group, system, or other collection of individuals or entities that is organized to allow participants to accept or make payments for goods or services using a credit card, debit card, or any other payment device. (10) 'Self-acquiring activities' means the act of a merchant, for itself or through an affiliated entity, engaging in merchant acquiring or settlement activities on its own behalf for payments it, or its affiliated entity, receives for goods and services it, or its affiliated entity, provides to consumers. (11) 'Settlement activities' means the processing of payment card transactions to send to a payment card network for processing, to make payments to a merchant, and, ultimately, for cardholder billing. 7-9-3. A corporation that performs merchant acquiring activities or settlement activities in this state may elect to obtain a charter from the department. Those corporations chartered by the department shall be subject to the provisions of this chapter and any rules and regulations adopted by the department for purposes of regulating chartered merchant acquirer limited purpose banks. The department shall have no authority to regulate a corporation performing merchant acquiring activities or settlement activities that has not been chartered by the department. 7-9-4. (a) A corporation that seeks to be chartered shall file an application with the department and shall pay applicable fees established by regulation of the department to defray the costs of the investigation and review of the application. (b) The department shall, by regulation, prescribe annual examination fees, charter fees, registration fees, and supervision fees to be paid by each merchant acquirer limited purpose bank. In addition, the department may, by regulation, prescribe reasonable application and related fees, special investigation fees, hearing fees, and fees to provide copies of any book, account, report, or other paper filed in its office or for any certification thereof or for processing any papers as required by this title. The department, in its discretion, may require the payment of such fees in any manner deemed to be efficient, including collection through automated clearing-house arrangements or other electronic means, so that the state receives funds no later than the date the payment is required to be made. (c) The merchant acquirer limited purpose bank shall have, within one year after the date it receives its charter, no fewer than 50 employees located in this state devoted to merchant acquiring activities; provided, however, a merchant acquirer limited purpose bank may contract with an eligible organization for the performance of merchant acquiring activities, settlement activities, or any of the other services identified in paragraph (4) of Code Section 7-9-2, and when a merchant acquirer limited purpose bank enters into such contracts with an eligible organization for merchant acquiring activities, settlement activities, or any other services identified in paragraph (4) of Code 3202 JOURNAL OF THE SENATE Section 7-9-2, the minimum number of employees in this state shall be determined by the commissioner at a level to assure the continued and substantive presence of the merchant acquirer limited purpose bank in this state for the purpose of conducting its corporate affairs and operations. If a merchant acquirer limited purpose bank contracts with an eligible organization that is an affiliate of the merchant acquirer limited purpose bank, the commissioner shall consider the eligible organization's or its parent's, affiliates', or subsidiaries' employees engaged on behalf of the merchant acquirer limited purpose bank as employees of the merchant acquirer limited purpose bank for purposes of complying with this subsection. 7-9-5. (a) A merchant acquirer limited purpose bank shall have articles of incorporation signed by the incorporator and shall set forth in the English language: (1) The name of the merchant acquirer limited purpose bank; (2) The street address and county where the main office will be located; (3) The name of the initial registered agent; (4) The street address where its initial registered office will be located; (5) A statement that 'This corporation is subject to the "Georgia Merchant Acquirer Limited Purpose Bank Act"'; (6) The aggregate number of shares which the merchant acquirer limited purpose bank shall have authority to issue, and: (A) If the shares are to consist of one class only, the par value of each of the shares; or (B) If the shares are to be divided into classes, the number of shares of each class, the par value of each share of each class, a description of each class, and a statement of the preferences, redemption provisions, qualifications, limitations, restrictions, and the special or relative rights granted to or imposed upon the shares of each class; (7) The term for which the merchant acquirer limited purpose bank is to exist, which shall be perpetual unless otherwise limited; and (8) Any provision not inconsistent with law which the incorporators may choose to include for the regulation of the internal affairs and business of the merchant acquirer limited purpose bank. (b) It shall not be necessary to set forth in the articles of incorporation any of the corporate or operational powers set forth in this chapter. (c) The applicant shall file with the department, in triplicate, the articles of incorporation, together with any fee required by the department. Such filing shall constitute an application for a charter and approval to operate as a merchant acquirer limited purpose bank. Immediately upon the filing of the articles of incorporation, the department shall certify one copy thereof and return it to the applicant, who shall, in conformity with Code Section 7-1-7 and on the next business day following the filing of the articles, transmit for publication in the newspaper which is the official organ of the county where the merchant acquirer limited purpose bank will be located a copy of MONDAY, MARCH 26, 2012 3203 the articles or, in lieu thereof, a statement that reads substantially as follows: 'An application for a charter to operate as a merchant acquirer limited purpose bank to be known as the and to be located at in County, Georgia, will be made to the Secretary of State of Georgia in accordance with Chapter 9 of Title 7 of the Official Code of Georgia Annotated, known as the "Georgia Merchant Acquirer Limited Purpose Bank Act." A copy of the articles of incorporation of the proposed merchant acquirer limited purpose bank and the application have been filed with the Department of Banking and Finance.' The articles of incorporation or the statement must be published once a week for two consecutive weeks with the first publication occurring within ten days of receipt by the newspaper of the articles of incorporation or statement. (d) Each merchant acquirer limited purpose bank shall name a registered agent and inform the department and the Secretary of State of its current registered agent. (e) The administration of business and affairs of a merchant acquirer limited purpose bank shall be the responsibility of a board of directors consisting of at least three directors, a majority of whom shall be residents of this state. 7-9-6. (a) An application to the department to charter a merchant acquirer limited purpose bank shall include: (1) Any information desired by the department in order to evaluate the proposed institution which shall be made available in the form specified by the department; (2) A certificate of the Secretary of State showing that the proposed name of the merchant acquirer limited purpose bank has been reserved pursuant to Code Section 7-1-131; and (3) Applicable fees established by regulation of the department to defray the expense of the investigation required by Code Section 7-9-7. (b) An application to the department to own or control a merchant acquirer limited purpose bank shall include: (1) Any information desired by the department in order to evaluate the proposed transaction which shall be made available in the form specified by the department; and (2) Applicable fees established by regulation of the department to defray the expense of the investigation. 7-9-7. (a)(1) Upon receipt of the articles of incorporation and the filings and fees from the applicant as required under this chapter, the department shall conduct such investigation as it may deem necessary to ascertain whether it should approve the proposed merchant acquirer limited purpose bank. The department shall approve the charter of a merchant acquirer limited purpose bank if it determines in its discretion that: (A) The articles of incorporation and supporting items satisfy the requirements of this chapter; 3204 JOURNAL OF THE SENATE (B) The character and fitness of the applicant, directors, and proposed officers are such as to warrant the belief that the business of the proposed merchant acquirer limited purpose bank will be honestly and efficiently conducted; and (C) The capital structure of the merchant acquirer limited purpose bank is adequate in relation to the amount and character of the anticipated business of the merchant acquirer limited purpose bank. (2) Within 90 days after receipt of the articles of incorporation and the filings and fees from the applicant as required by this chapter, the department shall approve or disapprove the charter of the proposed merchant acquirer limited purpose bank. The department may impose conditions to be satisfied prior to the issuance of its approval of the charter of a merchant acquirer limited purpose bank. If the department, in its discretion, approves the charter of the proposed merchant acquirer limited purpose bank with or without conditions, it shall deliver its written approval of the articles of incorporation and charter to the Secretary of State and notify the applicant of its action. If the department, in its discretion, disapproves the charter of the proposed merchant acquirer limited purpose bank, it shall notify the applicant of its disapproval of the charter and state generally the unfavorable factors influencing its decision. The decision of the department shall be conclusive, except that it may be subject to judicial review as provided in Code Section 7-1-90. (b) In the event the department denies an application to charter a merchant acquirer limited purpose bank or an application to own or control a merchant acquirer limited purpose bank, the applicant may submit a new application at any time following notice of final denial. The applicant shall not be prejudiced by any prior denials by the department. 7-9-8. The Secretary of State shall immediately issue a certificate of incorporation to a proposed merchant acquirer limited purpose bank upon submission of: (1) Written approval of the articles of incorporation by the department with a copy attached; (2) An affidavit executed by the duly authorized agent or publisher of a newspaper swearing that the articles of incorporation or a summary statement publication as provided for in Code Section 7-9-5 have been published; and (3) All required fees and charges required by law so long as name of the proposed merchant acquirer limited purpose bank continues to be reserved or is available. The Secretary of State shall retain on file a copy of the certificate, the articles of incorporation, the department's approval of the articles of incorporation, and the publisher's certificate. 7-9-9. (a) The corporate existence of the merchant acquirer limited purpose bank shall begin upon the issuance of a certificate of incorporation by the Secretary of State. Those persons who subscribed for shares prior to filing of the articles, or their assignees, shall MONDAY, MARCH 26, 2012 3205 be shareholders in the merchant acquirer limited purpose bank. The department shall have full authority to regulate and supervise the activities of promoters, incorporators, subscribers for shares, and all persons soliciting offers to subscribe for shares in any merchant acquirer limited purpose bank established under this chapter. Any corporation in the process of seeking approval of a charter as a merchant acquirer limited purpose bank shall be classified as a merchant acquirer limited purpose bank in formation and persons named in the articles of incorporation or approved by the department as initial directors of such entity shall not be considered 'agents' or 'brokerdealers' as defined in Code Section 10-5-2. (b) A certificate of incorporation shall be conclusive evidence that a merchant acquirer limited purpose bank has been incorporated; however, the state may institute proceedings to dissolve, wind up, and terminate a merchant acquirer limited purpose bank in conformity with Code Section 7-1-92 and applicable provisions of this chapter. (c) A merchant acquirer limited purpose bank may begin business when: (1) Capital stock of the merchant acquirer limited purpose bank satisfies the requirements of Code Section 7-9-11; (2) Bylaws of the merchant acquirer limited purpose bank have been filed with the department; (3) A registered agent and registered office for the merchant acquirer limited purpose bank has been designated in conformity with Code Section 7-1-132; (4) The merchant acquirer limited purpose bank has been organized and is ready to begin the business for which it was incorporated; (5) All conditions imposed by the department in giving its approval of the charter of the proposed merchant acquirer limited purpose bank under this chapter have been satisfied; and (6) The department has received an affidavit attesting that the requirements of this subsection have been satisfied signed by the president or secretary and at least a majority of the directors of the merchant acquirer limited purpose bank. 7-9-10. The applicant who charters a merchant acquirer limited purpose bank which transacts business before its capital stock have been paid in as required under this chapter shall be jointly and severally liable to creditors for the amounts not paid in by subscribers or any other deficiencies. Such liability shall be deemed an asset of the merchant acquirer limited purpose bank and may be enforced by it, its successors or assignees, by a shareholder suing derivatively, or by a receiver appointed by the department. 7-9-11. A merchant acquirer limited purpose bank shall at all times maintain capital stock and paid-in surplus as required by policies of the department but in no event less than $3 million. 3206 JOURNAL OF THE SENATE 7-9-12. (a) A merchant acquirer limited purpose bank shall only accept deposits from a corporation that owns a majority of the shares of the merchant acquirer limited purpose bank. A merchant acquirer limited purpose bank shall not operate in any manner that attracts depositors from the general public, and no deposit shall be withdrawn by the depositor by check or similar means for payment to third parties or others. A merchant acquirer limited purpose bank shall not accept 'brokered deposits' as that term is defined in the Federal Deposit Insurance Act as such existed on January 1, 2012, or the regulations adopted by the Federal Deposit Insurance Corporation in force and effect on January 1, 2012. (b) A merchant acquirer limited purpose bank shall conduct its deposit-taking activities only from a single location within this state. (c) A merchant acquirer limited purpose bank may apply to receive deposit insurance from the Federal Deposit Insurance Corporation or its successor agency. (d) Notwithstanding subsection (a) of this Code section, the business conducted by a merchant acquirer limited purpose bank shall be merchant acquiring activities. (e) A merchant acquirer limited purpose bank shall not engage in self-acquiring activities. 7-9-13. (a) All merchant acquirer limited purpose banks chartered by the department shall be subject to supervision, regulation, and examination by the department, including, but not limited to, the examination powers as provided in Code Sections 7-1-64 through 71-73, and the department shall have all enforcement powers provided in this title. (b) In the event any chartered merchant acquirer limited purpose bank does not conduct its activities within the limitations provided in Code Section 7-9-11, the department may require such merchant acquirer limited purpose bank to cease all unauthorized activities. In the event such chartered merchant acquirer limited purpose bank fails to abide by such order, the department may: (1) Impose upon the chartered merchant acquirer limited purpose bank or its parent holding company a penalty of up to $10,000.00 per day for each day such order is violated; and (2) Require divestiture of such chartered merchant acquirer limited purpose bank by any holding company not qualified to acquire such chartered merchant acquirer limited purpose bank on the date it ceased to operate within the limitations imposed by Code Section 7-9-11 and became a bank for purposes of this title. (c) The department shall have the power to promulgate rules and regulations implementing the provisions of this chapter." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. MONDAY, MARCH 26, 2012 3207 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 Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 44, nays 0. HB 898, having received the requisite constitutional majority, was passed by substitute. Senator Hooks of the 14th assumed the Chair. HB 916. By Representatives Knight of the 126th, England of the 108th, McCall of the 30th, Roberts of the 154th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to 3208 JOURNAL OF THE SENATE provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. Senators Unterman of the 45th and Loudermilk of the 52nd offered the following amendment #1: Amend LC 34 3393S HB 916 by Adding 1A after line 202 stating: The governing authority of a county shall not publish or promulgate any information which is inconsistent with the provisions of this Chapter. Renumber accordingly. On the adoption of the amendment, there were no objections, and the Unterman, Loudermilk amendment #1 was adopted. Senators Unterman of the 45th and Loudermilk of the 52nd offered the following amendment #2: Amend LC 34 3393S to HB 916 by adding on line 164, after property; An appointment will be made with the property owner before being allowed a visual, onsite inspection of the property by the tax assessor. Renumber accordingly. Senator Bethel of the 54th offered the following amendment #2a: Amend Amendment # 2 to HB 916 by striking beginning with the word "An" on line three through the word "with" on line four and inserting in its place: "Reasonable notice shall be provided to" On the adoption of amendment #2a, there were no objections, and the Bethel amendment #2a to the Unterman, Loudermilk amendment #2 was adopted. On the adoption of amendment #2, there were no objections, and the Unterman, Loudermilk amendment #2 was adopted as amended. MONDAY, MARCH 26, 2012 3209 Senators Ligon, Jr. of the 3rd, Gooch of the 51st, McKoon of the 29th, Ginn of the 47th, Crane of the 28th and others offered the following amendment #3: Amend HB 916 by deleting "25" on line 154 and inserting "10". On the adoption of the amendment, there were no objections, and the Ligon, et al. amendment #3 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 1. HB 916, having received the requisite constitutional majority, was passed as amended. Senator Sims of the 12th was excused for business outside the Senate Chamber. 3210 JOURNAL OF THE SENATE HB 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 933: A BILL TO BE ENTITLED AN ACT To amend Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, and Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, so as to modify provisions relating to funeral directors and cemeterians; to provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to allow for electronic signatures for funeral services and related preneed contracts; to clarify definitions relating to funeral services; to clarify registration requirements for preneed dealers; to provide for the oversight of funeral service preneed providers by the State Board of Funeral Service; 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 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended in Code Section 10-14-3, relating to definitions applicable to cemetery and funeral services, by revising paragraphs (12) and (17) and by adding a new paragraph to read as follows: "(12) 'Cremation' includes any mechanical, chemical, or thermal, or other professionally accepted process whereby a deceased human being is reduced to ashes. Cremation also includes any other mechanical, chemical, or thermal, or other professionally accepted process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity." "(16.1) 'Funeral director in full and continuous charge' means a funeral director who is approved by the State Board of Funeral Service to assume full responsibility for the MONDAY, MARCH 26, 2012 3211 operations of a particular funeral establishment and who shall ensure that said establishment complies with this chapter and with all rules promulgated pursuant thereto as provided in Chapter 18 of Title 43. (17) 'Funeral service' means any service relating to the transportation, embalming, cremation, and interment of a deceased human being, as further described in paragraphs (10), (18), and (19) of Code Section 43-18-1." SECTION 2. Said chapter is further amended by revising subsection (c) of Code Section 10-14-18, relating to duties of registrant and written contract, as follows: "(c) The written contract shall be completed prior to the signing of the contract by the customer and a copy of the contract shall be provided to the customer. As used in this subsection, the term 'signing' includes any manual, facsimile, conformed, or electronic signature, and the term 'electronic signature' means an electronic symbol or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document." SECTION 3. Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to funeral directors and establishments, embalmers, and crematories, is amended by revising paragraphs (5) and (10) of Code Section 43-18-1, relating to definitions pertaining to funeral directors and establishments, embalmers, and crematories, as follows: "(5) 'Cremation' means the reduction of the dead human body to residue by intense heat or any mechanical, chemical, thermal, or other professionally accepted process. Cremation also includes any other mechanical, chemical, thermal, or other professionally accepted process whereby human remains are pulverized, burned, recremated, or otherwise further reduced in size or quantity." "(10) 'Funeral' or 'funeral services' means the observances, services, or ceremonies held for dead human bodies and includes any service relating to the transportation, embalming, cremation, and interment of a dead human body." SECTION 4. Said article is further amended by revising paragraph (19) of Code Section 43-18-46, relating to grounds for denial or revocation of license or registration, and other discipline, as follows: "(19) Promoting or participating in a burial, funeral, or cremation society, burial, funeral, or cremation association, burial certificate plan, or burial membership plan, or other similar societies, plans, or associations;" SECTION 5. Said article is further amended by revising subsection (c) of Code Section 43-18-50, relating to application for funeral service apprenticeship and period of apprenticeship, as follows: 3212 JOURNAL OF THE SENATE "(c) The total period of apprenticeship shall be 3,120 hours and must be served in a minimum of 18 months, but the minimum period shall be in addition to the time required to graduate from a college of funeral service or other college pursuant to paragraph (1) of subsection (b) of Code Section 43-18-41. An apprentice shall be authorized to earn apprenticeship hours in an amount to be determined by the board while attending a postgraduate school or a program at an accredited college of funeral service or other college approved by the board." SECTION 6. Chapter 14 of Title 10 of the Official Code of Georgia Annotated, relating to cemetery and funeral services, is amended by revising paragraph (2) of Code Section 10-14-3, relating to definitions applicable to cemetery and funeral services, as follows: "(2) 'Board' means 'Boards' mean the State Board of Cemeterians as described and authorized in Chapter 8B of Title 43 and the State Board of Funeral Service as described and authorized in Chapter 18 of Title 43." SECTION 7. Said chapter is further amended by revising Code Section 10-14-3.1, relating to the authority of the State Board of Cemeterians, as follows: "10-14-3.1. The board boards shall have all administrative powers and other powers necessary to carry out the provisions of this chapter, including the authority to promulgate rules and regulations, and the Secretary of State shall delegate to the board boards all such duties otherwise entrusted to the Secretary of State; provided, however, that the Secretary of State shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but shall delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to funeral services and persons other than cemeterians who offer for sale or sell burial or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to cemeteries and cemeterians. The Secretary of State shall delegate to each board according to such duties and responsibilities of the boards." SECTION 8. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 10-14-4, relating to registration of dealers and cemeteries, perpetual care cemeteries trust funds, nonperpetual care cemeteries, and preneed escrow accounts, as follows: "(2) Every person desiring to be a registered preneed dealer, other than a person MONDAY, MARCH 26, 2012 3213 already licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian, shall file with the Secretary of State a registration application in a form prescribed by the Secretary of State, executed and duly verified under oath by the applicant, if the applicant is an individual, or by an executive officer or general partner, if the applicant is a corporation or partnership, or by an individual of similar authority, if the applicant is some other entity, and containing the following information: (A) The name of the applicant; (B) The location, mailing address, and telephone number of the applicant's principal business location in Georgia and the same information for other locations where business is conducted, together with any trade names associated with each location; (C) All locations of the records of the applicant which relate to preneed sales in Georgia; (D) If the applicant is not a natural person, the names of the president, secretary, and registered agent if the applicant is a corporation, of each general partner if the applicant is a partnership, or of individuals of similar authority, if the applicant is some other entity and their respective addresses and telephone numbers; the name and address of each person who owns 10 percent or more of any class of ownership interest in the applicant and the percentage of such interest; and the date of formation and the jurisdiction of organization of the applicant; (E) A certified copy of a certificate of existence or certificate of authority issued in accordance with Code Section 14-2-128 if the applicant is a corporation; (F) A description of any judgment or pending litigation to which the applicant or any affiliate of the applicant is a party and which involves the operation of the applicant's preneed business in Georgia or which could materially affect the business or assets of the applicant; (G) Whether the applicant or any affiliate of the applicant owns any other entities in Georgia regulated by this chapter and, if so, the location, mailing address, telephone number, and type of registration of such other entities; (H) A consent to service of process meeting the requirements of Code Section 1014-24 for actions brought by the State of Georgia; (I) A list of each individual employed, appointed, or authorized by the applicant to offer for sale or to sell any grave lots, burial rights, burial or funeral merchandise, or burial services on behalf of the applicant; (J) A balance sheet of the applicant dated as of the end of the most recent fiscal year and in no event dated more than 15 months prior to the date of filing, which the Secretary of State shall treat as confidential and not open to public inspection; (K) The name, address, location, and telephone number of the preneed escrow account depository or depositories, the names of the accounts, and the account numbers; (L) An executed copy of the escrow agreement required by Code Section 10-14-7; (M) The name, address, and telephone number of the escrow agent; 3214 JOURNAL OF THE SENATE (N) Such other information and documents as the Secretary of State may require by rule; and (O) A filing fee of $250.00. The provisions of this chapter notwithstanding, a person licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall not be required to separately register as a preneed dealer; such person shall be deemed registered by virtue of obtaining and maintaining such license." SECTION 9. Said chapter is further amended by revising Code Section 10-14-5, relating to preneed sales agents, contracts, and retention of employee data, as follows: "10-14-5. (a) All individuals who offer preneed contracts to the public, or who execute preneed contracts on behalf of any entity required to be registered as a preneed dealer, and all individuals who offer, sell, or sign contracts for the preneed sale of burial rights shall be registered with the Secretary of State as preneed sales agents, pursuant to this Code section, unless such individuals are exempted under this chapter or individually own a controlling interest in a preneed dealer registered under this chapter. For purposes of this Code section, any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall be deemed a registered preneed dealer by virtue of obtaining and maintaining such license. (b) All preneed sales agents must be employed by a registered preneed dealer. (c) A preneed dealer shall be liable for the activities of all preneed sales agents who are employed by the preneed dealer or who perform any type of preneed related activity on behalf of the preneed dealer. If a preneed sales agent violates any provision of this chapter, such preneed sales agent and each preneed dealer who employs such preneed sales agent shall be subject to the penalties and remedies set out in Code Sections 1014-11, 10-14-19, 10-14-20, and 10-14-21. (d) A preneed sales agent may be authorized to sell, offer, and execute preneed contracts on behalf of all entities owned or operated by the agent's sponsoring preneed dealer. (e) If the application for his or her registration is sent by certified mail, return receipt requested, or statutory overnight delivery, an individual may begin functioning as a preneed sales agent as soon as a completed application for registration, as set forth in subsection (g) of this Code section, is mailed submitted to the Secretary of State, provided that, if any such sales agent fails to meet the qualifications set forth in this chapter, the preneed dealer shall immediately upon notification by the Secretary of State cause such agent to cease any sales activity on its behalf. (f) The qualifications for a preneed sales agent are as follows: (1) The applicant must be at least 18 years of age; (2) The applicant must not be subject to any order of the Secretary of State that MONDAY, MARCH 26, 2012 3215 restricts his or her ability to be registered as a preneed sales agent; and (3) The applicant must not have been adjudicated, civilly or criminally, to have committed fraud or to have violated any law of any state involving fair trade or business practices, have been convicted of a misdemeanor of which fraud is an essential element or which involves any aspect of the funeral or cemetery business, or have been convicted of a felony. (g) An application for registration as a preneed sales agent shall be submitted to the Secretary of State with an application fee of $100.00 by the preneed dealer on a form that has been designated by the Secretary of State and shall contain, at a minimum, the following: (1) The name, address, social security number, and date of birth of the applicant and such other information as the Secretary of State may reasonably require of the applicant; (2) The name, address, and license number of the sponsoring preneed dealer; (3) A representation, signed by the applicant, that the applicant meets the requirements set forth in subsection (f) of this Code section; (4) A representation, signed by the preneed dealer, that the applicant is authorized to offer, sell, and sign preneed contracts on behalf of the preneed dealer and that the preneed dealer has informed the applicant of the requirements and prohibitions of this chapter relating to preneed sales, the provisions of the preneed dealer's preneed contract, and the nature of the merchandise, services, or burial rights sold by the preneed dealer; (5) A statement indicating whether the applicant has any type of working relationship with any other preneed dealer or insurance company; and (6) A signed agreement by the applicant consenting to an investigation of his or her background with regard to the matters set forth in this Code section, including, without limitation, his or her criminal history. (h) An individual may be registered as a preneed sales agent on behalf of more than one preneed dealer, provided that the individual has received the written consent of all such preneed dealers. (i) A preneed dealer who has registered a preneed sales agent shall notify the Secretary of State within three business days of a change in such individual's status as a preneed sales agent with such preneed dealer or upon the occurrence of any other event which would disqualify the individual as a preneed sales agent. (j) Upon receipt and review of an application that complies with all of the requirements of this Code section, the Secretary of State shall register the applicant. The department Secretary of State shall by rule provide for annual renewal of registration and a renewal fee of $50.00. (k) Each cemetery registered under this chapter shall maintain in its files for a period of five years a properly completed and executed application for employment in a form prescribed by the Secretary of State for each employee, officer, independent contractor, or other agent directly or indirectly involved in cemetery or preneed sales or any person occupying a similar status or performing similar functions. If a request is made, said 3216 JOURNAL OF THE SENATE forms shall be made available for inspection by authorized representatives of the Secretary of State." SECTION 10. Said chapter is further amended by adding a new Code section to read as follows: "10-14-5.1. Any preneed insurance policy contract provided by a licensed insurance agent shall not reference or state the name of any funeral service provider, funeral director, or funeral establishment unless such contract is signed by the director of such establishment so named in the agreement. Any preneed insurance policy contract shall be signed by the insurance agent, consumer, and licensed funeral director of the funeral establishment named in said agreement. When a funeral establishment is named in a preneed insurance policy, the named funeral establishment shall be designated the assignee of the insurance benefit funds." SECTION 11. Said chapter is further amended by revising Code Section 10-14-7, relating to preneed escrow accounts, as follows: "10-14-7. (a)(1) The provisions of this Code section shall apply only to preneed dealers not governed by the provisions of Code Section 10-14-7.1. Each such preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services shall establish and maintain a trust or a preneed escrow account. (2) With respect to each monument, and outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said trust or escrow account shall be not less than 35 percent of the sales price of such monument or outer burial container; in no event shall the amount deposited be less than 110 percent of the wholesale price of such monument or outer burial container items. For any other burial or funeral merchandise caskets, the amount to be deposited to said trust or escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the undeposited portion of the required deposit MONDAY, MARCH 26, 2012 3217 of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full. (3) With respect to a monument, or outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the trust or escrow account. (4) With respect to cash advance items and the sale of preneed funeral or burial services, the amount to be deposited to said trust or escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account. (b) The deposit specified in paragraphs (2) and (3) of subsection (a) of this Code section shall be made not later than 30 days following the last day of the month in which any payment is received. (c)(1) The preneed trust or escrow account shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state. (2) If the account is maintained with a trustee, the assets of the trust account shall be invested and reinvested by the trustee subject to all the terms, conditions, limitations, and restrictions imposed by Georgia law 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 of the 'Revised Probate Code of 1998.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the preneed accounts 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 account are invested, including proceeds of investments. (d)(1) For burial or funeral merchandise, funds Funds shall be released from the trust or escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need or, if the burial or funeral merchandise is not yet delivered, within the time required by law after a purchaser requests a refund. The preneed dealer is considered to have delivered burial or funeral merchandise when the burial or funeral merchandise is: 3218 JOURNAL OF THE SENATE (A) Actually delivered to the purchaser at the time of need; (B) Actually delivered to the purchaser at the purchaser's request; (C) In the case of a monument, when the monument is attached to realty; or (D) In the case of a monument, when the preneed dealer has the monument manufactured for the purchaser and placed into storage with a responsible third party bonded and insured for the wholesale value thereof and evidence by a receipt specifically identifying the monument, the specific preneed contract, the location of the monument, and identify and address of the bonding and insuring parties. Notwithstanding the foregoing, outer burial containers may not be delivered prior to need. (2) Deposits made from funds received in payment of preneed services shall remain in the trust or escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds. (2)(3) The funds on deposit under the terms of this subsection shall be deemed and regarded as trust or escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the trust or escrow agent nor may said funds be offset or taken for the debts of the preneed dealer until such time as the merchandise has been delivered or the services performed;, but after delivery of the burial or funeral merchandise concerned. (e) At any time, in the event that the preneed trust or escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23. (e.1)(f) In the case of release of trust or escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (1) of subsection (d) of this Code section, a sum not less than the lesser of 10 percent of the escrowed amount or one-half of the interest earned upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as an administrative fee for reimbursement of the preneed dealer for costs. (f)(g) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed trust or escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed trust or escrow account." MONDAY, MARCH 26, 2012 3219 SECTION 12. Said chapter is further amended by adding a new Code section to read as follows: "10-14-7.1. (a) Notwithstanding any provision to the contrary contained in Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia,' or in any other provision of law, a funeral establishment or a funeral director in full and continuous charge or his or her agent, representative, or employee may provide for funds to be deposited with a depository institution in accordance with this Code section and placed in an individual trust fund account that is: (1) Titled in the name of a funeral establishment; (2) Established for the purpose of providing preneed funeral services; (3) Payable upon the death of the purchaser in favor of a funeral establishment for purposes of providing funeral services; and (4) Refundable to the purchaser's designee or the estate of the deceased, such that 100 percent of the trust funds following a deduction of any amounts paid or owing as taxes and a 3 percent charge for administrative costs shall be returned to the designee or estate where funeral services are not provided by the funeral establishment. (b)(1) One hundred percent of funds to be held in trust shall be deposited in the trust account. The deposit of such funds shall be made not later than 30 days following the last day of the month in which any payment is received. Trust fund accounts shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state. (2)(A) If the account is maintained with a trustee, the assets of the trust account shall be invested and reinvested by the trust agent subject to all the terms, conditions, limitations, and restrictions imposed by Georgia law upon executors and trustees regarding the making and depositing of investments with trust moneys and subject to the limitations and restrictions imposed pursuant to this Code section. (B) Subject to said terms, conditions, limitations, and restrictions, the trust agent of the a preneed account 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 account are invested, including proceeds of investments. Unless otherwise expressly provided in the will, a personal representative shall be authorized to invest funds in: (i) Interest-bearing deposits in any chartered state or national bank or trust company or savings and loan association located in this state to the extent the deposits are insured by the Federal Deposit Insurance Corporation or comparable insurance; and (ii) Direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, and obligations of 3220 JOURNAL OF THE SENATE the agencies of the United States government enumerated in Code Section 53-8-3. The personal representative may invest in and hold such obligations either directly or in the form of securities or other interests in any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, as now or hereafter amended, so long as: (I) The portfolio of such investment company or investment trust is limited to such obligations and repurchase agreements fully collateralized by such obligations; (II) Such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; and (III) Such investment company or investment trust is operated so as to provide a constant net asset value or price per share. (C) In making any other investments and in acquiring and retaining those investments and managing the property of the estate, the personal representative shall exercise the judgment and care, under the circumstances then prevailing, which 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. (3) In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. (c) Any person holding money in trust pursuant to this Code section shall first be required to register with the Secretary of State and pay an annual registration fee of $100.00 for the reimbursement of the office for administrative costs. The Secretary of State shall establish rules and regulations for investments of trust funds as necessary to preserve the corpus and income of such a fund and for determining what restrictions are necessary for such purposes. (d) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the trust account as required by this Code section or of fraud, theft, or misconduct by a funeral establishment or a funeral director or his or her employee, representative, or agent which has wasted or depleted such funds, the funeral establishment owners, funeral director, or employee, representative, or agent of a funeral director or establishment may be held jointly and severally liable for any deficiencies in the trust account. (e) Any other provision of law notwithstanding, a trust fund account established and maintained under this Code section and the moneys contained therein shall not be deemed an asset or income for purposes of recapture of income or funds owed or for any other purpose. (f) Nothing contained herein shall preclude a licensed funeral director in full and continuous charge from maintaining an escrow account with aggregate escrow funds for 100 percent of any preneed contract amount for purposes of passing through funds MONDAY, MARCH 26, 2012 3221 within 60 days to a trust fund account or payment of a policy of insurance for preneed services." SECTION 13. This Act shall become effective on July 1, 2012. SECTION 14. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 0. HB 933, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: 3222 JOURNAL OF THE SENATE Senator Butch Miller District 49 109 State Capitol Atlanta, GA 30334 Committees: State and Local Governmental Operations Economic Development Agriculture and Consumer Affairs Transportation Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/26/12 Please record my yes vote for HB 933. /s/ Butch Miller, 49 HB 942. By Representative Willard of the 49th: A BILL to be entitled an Act to amend the Official Code of Georgia Annotated, so as to revise, modernize, and correct errors or omissions in said Code in furtherance of the work of the Code Revision Commission; to repeal portions of said Code, or Acts in amendment thereof, which have become obsolete, have been declared to be unconstitutional, or have been preempted or superseded by subsequent laws; to reenact the statutory portions of said Code, as amended; to provide for other matters relating to revision and reenactment of said Code; to provide for effect in event of conflicts; to provide for effective dates; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton MONDAY, MARCH 26, 2012 3223 Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 942, having received the requisite constitutional majority, was passed. The President resumed the Chair. HB 944. 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 revise, modernize, and correct errors or omissions in said title in furtherance of the work of the Code Revision Commission; to provide for effect in event of conflicts; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 January 17, 2012 3224 JOURNAL OF THE SENATE The Honorable Wendell Willard State Representative State Capitol, Room 132 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 944 (LC 33 4421) Dear Representative Willard: This bill would revise, modernize, and correct errors and omissions in Title 47 of the Official Code of Georgia Annotated. Specifically, this bill would make such corrections in the chapter affecting the Employees' Retirement System. It should be noted, however, that this legislation will only take effect if there are no conflicts between this legislation and any other legislation enacted during the 2012 session of the General Assembly. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson MONDAY, MARCH 26, 2012 3225 Y Goggans Y Golden Y Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 944, having received the requisite constitutional majority, was passed. HB 991. By Representatives Maddox of the 127th, Baker of the 78th and Talton of the 145th: A BILL to be entitled an Act to amend Article 1 of Chapter 16 of Title 15 of the Official Code of Georgia Annotated, relating to general provisions relative to sheriffs, so as to change provisions relating to how vacancies are filled; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams 3226 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 49, nays 0. HB 991, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th was excused for business outside the Senate Chamber. HB 1051. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HB 1051: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, is amended by repealing in their entirety Code Sections 32-9-13 and 32-914, relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities and the board of directors of the Metropolitan Atlanta Rapid Transit Authority, respectively. SECTION 2. This Act shall become effective on January 1, 2013, only if an Act providing for the MONDAY, MARCH 26, 2012 3227 suspension of restrictions on the use of annual proceeds from sales and use taxes by the Metropolitan Atlanta Rapid Transit Authority and reconstituting the board of directors of the Metropolitan Atlanta Rapid Transit Authority is enacted at the 2012 regular session of the General Assembly. Otherwise, this Act shall not become effective and shall stand repealed on January 1, 2013. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 1051, having received the requisite constitutional majority, was passed by substitute. Senator Davis of the 22nd was excused for business outside the Senate Chamber. 3228 JOURNAL OF THE SENATE HB 1052. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th 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 reconstitute the board of directors; to provide for staggered terms for board members; provide for a limit on reappointment of board members; to provide for a method for nonparticipating counties to join the Authority; to prohibit the Authority from entering into certain transactions; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Transportation Committee offered the following substitute to HB 1052: 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 reconstitute the board of directors; to provide for staggered terms for board members; provide for a limit on re-appointment of board members; to provide for a method for nonparticipating counties to join the Authority; to provide for per diem payments; to provide for restriction on contracts for professional services; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to repeal conflicting laws; to provide for effective dates; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act known as the "Metropolitan Atlanta Rapid Transit Authority Act of 1965," approved March 10, 1965 (Ga. L. 1965, p. 2243), as amended, is amended by revising subsections (a) through (h) of Section 6 as follows: "(a)(1) The On and after January 1, 2013, the Board of Directors of the Authority shall be reconstituted and composed of 18 11 voting members and one nonvoting member. Four Three members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five four members shall be residents of DeKalb County with three of the four appointees to be appointed by the local governing body thereof Board of Commissioners of DeKalb County 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 MONDAY, MARCH 26, 2012 3229 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 and the fourth appointee to be appointed by a majority vote of a caucus of mayors of the municipalities located wholly in DeKalb County; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least and one of such appointees members shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta to be appointed by the local governing body of Fulton County and two of such members shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta to be appointed by the local governing body of Fulton County from a pool of candidates with one candidate selected by each mayor of the municipalities of Fulton County lying north of the City of Atlanta; one member shall be the executive director of the Georgia Regional Transportation Authority; and one nonvoting member shall be the planning director of the Department of Transportation. Those board members appointed by a local governing authority as described in this section in office as of January 1, 2013, shall serve initial terms of office as follows: two of the three appointees of the DeKalb County Board of Commissioners, two of the three appointees of the mayor and city council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the City of Atlanta shall serve a term of two years, and the remaining appointees shall serve for terms of four years. and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that portion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Four members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; the Executive Director of the State Properties Commission who shall be an ex officio member; and the Executive Director of the Georgia Regional Transportation Authority who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term ending December 31, 1986. After the initial terms of those three members added to the Board in 1985, After the initial two-year terms of those five board members described in this subsection, that governing body which appointed the member for that initial term to that office shall appoint successors thereto for terms of office of four years in the same manner that such governing body 3230 JOURNAL OF THE SENATE makes its other appointments to the Board. The initial terms of the four members added in 1976 by the above paragraph shall be as follows: the member from DeKalb County to be appointed by the local governing body of DeKalb County shall be appointed no later than sixty days after the effective date of this subsection for a term ending December 31, 1978, and shall take office immediately upon appointment; the Commissioner of the Department of Transportation, the State Revenue Commissioner and the Executive Director of the State Properties Commission shall become members of the Board on the effective date of this subsection and shall serve while holding their State offices. The Executive Director of the Georgia Regional Transportation Authority shall become a voting member of the Board on the effective date of this sentence January 1, 2013, and shall serve while holding his or her State office. The planning director of the Department of Transportation shall become a nonvoting member of the Board on January 1, 2013, and shall serve while holding his or her State office. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the local governing body which 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; provided, however, that board membership prior to January 1, 2013, shall not be considered in calculating limits on length of service. 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 thirty days prior to the expiration of the term. Members appointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. (2) Each local governing authority or caucus shall designate which board members shall serve an initial term of two years no later than November 1, 2012. (b) Having initially declined membership on the Board and further participation in the Authority, Cobb County may at any time reclaim its membership on the Board and participate further in the Authority as provided in this subsection (b). The local governing body bodies of Clayton, Cobb, and Gwinnett County counties may, any other provision of this Act to the contrary notwithstanding, negotiate, enter into, and submit to the qualified voters of their respective counties Cobb County the question of approval of a rapid transit contract between Cobb County the county submitting the question and the Authority, all in accordance with the provisions of Section 24 of this Act. The local governing body bodies of Cobb County these counties shall be authorized to execute such rapid transit contract prior to the holding of the referendum provided for in said Section 24; provided, however, that 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, Cobb County 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 if it had MONDAY, MARCH 26, 2012 3231 participated in the Authority from its beginning, and the local governing body of Cobb County the county may then appoint two residents of Cobb County the county to the Board of Directors of the Authority, to serve a term ending on the 31st 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, subsection (a) of this Section 6 to the contrary notwithstanding, be composed of 16 such additional members. (c) Reserved. (d) Except for the ex officio members of the Board, no Except for the Executive Director of the Georgia Regional Transportation Authority and the planning director of the Department of Transportation, 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. (e) A local governing body may remove any member of the Board appointed by it for cause. No member shall be thus removed unless he or she has been given a copy of the charges against him or her and an opportunity to be publicly heard in his or her own defense in person 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 his the member's removal by an appeal to the superior court of the county of the local governing body which appointed him the member, but only on the ground of error of law or abuse of discretion. In case of abandonment of his 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 (d) hereof, the office of a member shall be vacant upon the declaration of the Board. A member shall be deemed to have abandoned his 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 his the member's residence from the territory of the local governing body which appointed him the member. (f) Each appointed member of the Board, except the Chairman Chairperson, shall be paid by the Authority a per diem allowance, in an amount equal to that provided by Code Section 45-7-21 of the Official Code of Georgia Annotated, as now in effect or as it may hereafter be amended, 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, or Board of Ethics, or Arts Council; provided, however, that said per diem allowance shall not be paid to any such member for more than 130 75 days in any one calendar year. If the Chairman Chairperson of the Board is an appointed member of the Board, the Chairman Chairperson shall be paid by the Authority a per diem allowance in the same amount for each day in which the Chairman 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 members member's duties 3232 JOURNAL OF THE SENATE as authorized by the Board. A Board member shall not be allowed employee benefits authorized under Section 8(b). (g) The Board shall elect one of its members as chairman chairperson and another as vice-chairman 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 his the member's duties as presiding officer, if he or she 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. (h) 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 his giving 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 all provisions, except for Section 2(a), of an Act providing that all meetings of certain public bodies shall be open to the public, approved March 28, 1972 (Ga. L. 1972, p. 575), as now or hereafter amended Chapter 14 of Title 50 of the Official Code of Georgia Annotated." SECTION 2. Said Act is further amended by revising subsections (a) and (k) of Section 14 as follows: "(a) Except in the acquisition of unique property which for any reason is unobtainable in the open market, and except as hereinafter otherwise provided, competitive bids shall be secured before any acquisition or disposition of properties by contract or otherwise is made by the Authority, or before any contract is awarded for construction, alterations, supplies, equipment, repairs or maintenance, or for rendering any services to the Authority, acquisitions shall be made from, and contracts awarded to, the lowest responsible bidder, and dispositions of property shall be made to the highest responsible bidder. No acquisition of any unique property unobtainable in the open market shall be made without the express approval of the Board where the amount involved is $25,000.00 or more. Nothing in this Section shall apply to contracts for professional services or to contracts for services of individuals or organizations not employed full time by the Authority but who are engaged primarily in the rendition of personal services and not the sale of goods and merchandise, such as but not limited to the services of attorneys, accountants, engineers, architects, consultants, and advisors; provided, however, that such contracts for professional services where the amount MONDAY, MARCH 26, 2012 3233 involved is $25,000.00 or more shall be solicited and awarded through a request for proposals following generally accepted government procurement standards or through procedures otherwise required by applicable federal law." "(k) If the Authority issues an invitation to bid pursuant to this Section, and if the Authority then fails to receive at least one bid that conforms to the terms of its invitation for bids and which is also reasonable in price, then the Authority may negotiate an acquisition, disposition or contract where the amount involved is $5,000 or more. No such negotiated acquisition, disposition or contract shall be made without the express approval of the Board and unless the negotiated price is reasonable. Reserved." SECTION 3. Said Act is further amended by revising subsection (a) of Section 16 as follows: "(a) The Board shall make provision for a system of financial accounting and controls, audits and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. Copies of each financial report required under this Section shall be furnished posted on the website of the Authority and notice of such publication shall be delivered by electronic format to each local governing body of each participating local government in the metropolitan area as described in Section 6. All financial records, reports and documents of the Authority shall be public records and open to public inspection under reasonable regulations prescribed by the Board." SECTION 4. Said Act is further amended by revising subsection (c) of Section 17 as follows: "(c) At the time and in the manner prescribed in subsection (b), insofar as applicable, the Board shall propose and adopt an annual capital improvements budget. The proposed capital improvements budget shall show all capital improvement projects in process of completion, those to be undertaken during the ensuing fiscal year and those anticipated to be undertaken during the ensuing ten years. The proposed capital improvements budget shall show all capital improvement projects completed during the preceding ten years as compared to those capital improvement projects that were planned and budgeted for in the capital improvement budgets from the preceding ten years. The proposed budget shall also show the proposed method of financing each proposed project and the effect thereof on the debt structure of the Authority. After a public hearing the Board shall review its proposed budget and on or before the last day of the fiscal year it shall adopt an annual capital improvements budget for the ensuing fiscal year. No contract for the purchase or construction of any capital improvement project shall be authorized, except to meet a public emergency certified as such by the Board, unless it is included in the annual capital improvements budget; however, the Board may propose and adopt an amendment to the annual capital improvements budget by following the procedure herein prescribed for adopting the original budget." 3234 JOURNAL OF THE SENATE SECTION 5. Said Act is further amended by revising subsection (i) of Section 25 as follows: "(i) Use of Proceeds. The proceeds of the tax levied pursuant to this Act shall be used solely by each local government to fulfill the obligations incurred in the contracts entered into with the Metropolitan Atlanta Rapid Transit Authority as contemplated in the Metropolitan Atlanta Rapid Transit Authority Act of 1965, as amended; provided, however, that no more than fifty percent (50%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection, until January 1, 2002. For the period beginning January 1, 2002, and ending June 30, 2002; and for each fiscal year commencing thereafter until December 31, 2008, no more than fiftyfive percent (55%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and for the period beginning January 1, 2009, and ending June 30, 2009, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection;. Such restrictions on the use of annual proceeds from local sales and use taxes shall be suspended until June 2, 2016. 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 Authority prior to January 1, 2010, no funds newly unrestricted during this suspended period shall be used by the 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. except that if If the Board of the Metropolitan Atlanta Rapid Transit Authority shall fail to file with the Metropolitan Atlanta Rapid Transit Overview Committee annually, the original and 14 copies of a report of the findings of a completed management performance audit of the Authority's current operations, which audit that was performed under contract with and at the expense of the Authority, along with any auditor's recommendations based thereon and the auditor's signed written verification that the Metropolitan Atlanta Rapid Transit Authority fully cooperated with such audit and allowed access to all its books, records, and documents to the extent the auditor deemed necessary, then for the period beginning January 1, 2003, and ending June 30, 2003, and each fiscal year commencing thereafter until July 1, 2032, no more than fifty percent (50%) of the proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. For each fiscal year commencing on or after July 1, 2032, no more than sixty percent (60%) of the annual proceeds of the tax shall be used to subsidize the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection; and commencing with July 1, 2032, and for every year thereafter, the proceeds of the tax shall not be used to MONDAY, MARCH 26, 2012 3235 subsidize operations of the transportation system to an extent greater than fifty percent (50%) of the operating costs of the system, exclusive of depreciation, amortization, and other costs and charges as provided in this subsection. In adopting its annual budget, the Board of the Metropolitan Atlanta Rapid Transit Authority shall be authorized to rely upon estimates of all revenues, operating costs, patronage, and other factors which may affect the amount of the fare required to limit the operating subsidy herein provided for. If the results of any year's operations reflect that the proceeds of the tax were used to subsidize operations to an extent greater than herein provided, the Board shall adjust fares in order to make up the deficit in operations during a period of not to exceed three (3) succeeding years. If the results of operations in the Authority's fiscal year commencing July 1, 1980, or in any subsequent fiscal year reflect that the proceeds of the tax were not used to subsidize operations to the maximum extent herein provided, the Board shall reserve any amounts that could have been used to subsidize operations in that fiscal year and later use said reserved amounts and any interest earned on said reserved amounts to provide an additional subsidy for operations in any future fiscal year or years. The words 'operating costs of the system' for purposes of this subsection 25(i) are defined to include all of the costs of that division of the Authority directly involved and that portion of the nonoperating administrative costs of those divisions of the Authority indirectly involved, through the provision of support services, in providing mass transportation services for the metropolitan area, but exclusive of the costs of the division or divisions directly involved and that portion of the nonoperating administrative costs of those divisions indirectly involved, in the planning, design, acquisition, construction, and improvement of the rapid transit system, according to accepted principles of accounting, and also exclusive of the following costs: (1) Nonrecurring costs and charges incurred in order to comply with any statute or regulation concerning either the protection or cleaning up of the environment, or accessibility by handicapped or disabled persons, or occupational health or safety, or compliance with any national or state emergencies, or with any judgment, decree, or order of any court or regulatory agency in implementation of any such statute or regulation; and (2) In the case of leases of equipment or facilities that, according to generally accepted principles of accounting, would not be classified as capital leases, payments of rent, and other payments for the property subject to such leases or for the use thereof; provided that any costs for regular maintenance or repair of such equipment or facilities shall not be excluded. If any proceeds of the tax levied pursuant to this Act are held for the purpose of planning, designing, acquiring, or constructing additional facilities or equipment for or improvements to the rapid transit system and are invested, then all interest earned from such investments shall be used only for such purposes or for paying the principal of or interest on bonds or certificates issued for such purposes. Commencing July 1, 1988, and until June 30, 2008, and only if expressly authorized by the board, interest earned on reserve funds set aside for rebuilding, repairing, or renovating facilities of the rapid 3236 JOURNAL OF THE SENATE transit system; for replacing, repairing, or renovating equipment or other capital assets thereof; or from the sale or other disposition of real property, may, without regard to the original source of the funds so reserved, be used to pay the operating costs of the system as such costs are defined in this subsection." SECTION 6. (a) This section, paragraph (2) of subsection (a) as enacted by Section 1, and Section 7 of this Act shall become effective on July 1, 2012. (b) All other sections of this Act shall become effective on January 1, 2013. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd offered the following amendment #1: Amend the Senate Transportation Committee substitute to HB 1052 (LC 39 0250S) by deleting lines 14 through 89 and inserting in lieu thereof the following: "(a) The On and after January 1, 2013, the Board of Directors of the Authority shall be reconstituted and composed of 18 11 voting members and one nonvoting member. Four Three members shall be residents of the City of Atlanta to be nominated by the Mayor and elected by the City Council; five four members shall be residents of DeKalb County with three of the four appointees to be appointed by the local governing body thereof Board of Commissioners of DeKalb County 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 and the fourth appointee to be appointed by a majority vote of a caucus of mayors of the municipalities located wholly in DeKalb County; three members shall be residents of Fulton County to be appointed by the local governing body thereof, and at least and one of such appointees members shall be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta to be appointed by the local governing body of Fulton County and two of such members shall be residents of that portion of Fulton County lying north of the corporate limits of the City of Atlanta to be appointed by a majority vote of a caucus of mayors of the municipalities of Fulton County lying north of the City of Atlanta; one member shall be the executive director of the Georgia Regional Transportation Authority; and one nonvoting member shall be the planning director of the Department of Transportation. Those board members appointed by a local governing authority as described in this section in office as of January 1, 2013, shall serve initial terms of office as follows: two of the three appointees of the DeKalb County Board of Commissioners, two of the three appointees of the mayor and city council of Atlanta, and one of the two appointees of the caucus of mayors from municipalities lying north of the City of Atlanta shall serve a term of two years, and the remaining appointees MONDAY, MARCH 26, 2012 3237 shall serve for terms of four years. Each local governing authority or caucus shall designate which board members shall serve an initial term of two years no later than November 1, 2012. and that membership position held by a Fulton County resident, appointed by the local governing body of that county, the term of which position expires December 31, 1988, shall, beginning on and after January 1, 1989, be filled by the local governing body of Fulton County appointing a person who is a resident of that portion of Fulton County lying north of the corporate limits of the City of Atlanta; one member shall be a resident of Clayton County to be appointed by the local governing body thereof; and one member shall be a resident of Gwinnett County to be appointed by the local governing body thereof. Four members, representing the State, shall be as follows: the Commissioner of the Department of Transportation who shall be an ex officio member; the State Revenue Commissioner who shall be an ex officio member; the Executive Director of the State Properties Commission who shall be an ex officio member; and the Executive Director of the Georgia Regional Transportation Authority who shall be an ex officio member. The first member who must be a resident of that portion of Fulton County lying south of the corporate limits of the City of Atlanta shall be appointed by the governing body of Fulton County to take office on July 1, 1985, for an initial term ending December 31, 1986. The two members who are DeKalb County residents and appointed by the governing authority thereof and who are added by this paragraph shall each be appointed by the governing body of DeKalb County to take office on July 1, 1985, for an initial term ending December 31, 1986. After the initial terms of those three members added to the Board in 1985, After the initial two-year terms of those five board members described in this subsection, that governing body which appointed the member for that initial term to that office 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. The initial terms of the four members added in 1976 by the above paragraph shall be as follows: the member from DeKalb County to be appointed by the local governing body of DeKalb County shall be appointed no later than sixty days after the effective date of this subsection for a term ending December 31, 1978, and shall take office immediately upon appointment; the Commissioner of the Department of Transportation, the State Revenue Commissioner and the Executive Director of the State Properties Commission shall become members of the Board on the effective date of this subsection and shall serve while holding their State offices. The Executive Director of the Georgia Regional Transportation Authority shall become a voting member of the Board on the effective date of this sentence and shall serve while holding his or her State office. The planning director of the Department of Transportation shall become a nonvoting member of the Board on the effective date of this sentence and shall serve while holding his or her State office. Except as provided above, all appointments shall be for terms of four years except that a vacancy caused otherwise than by expiration shall be filled for the unexpired portion thereof by the local governing body which made the original appointment to the vacant position, or its successor in office. A member of the Board may be appointed to 3238 JOURNAL OF THE SENATE succeed himself or herself for one four-year term; provided, however, that board membership prior to January 1, 2013, shall not be considered in calculating limits on length of service. 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 thirty days prior to the expiration of the term. Members appointed to the Board shall serve for the terms of office specified in this section and until their respective successors are appointed and qualified. By deleting line 141 and inserting in lieu thereof the following: be paid to any such member for more than 130 days in any one calendar year for the Chairperson and 75 days in any one calendar year for other members of the Board. If the By deleting "$25,000.00" and replacing it with "$5,000.00" and inserting "in any oneyear period" between "more" and "shall" on line 187. By deleting "until June 2, 2016" on line 245 and replacing it with "through June 30, 2016" By deleting lines 315-317 and inserting in lieu thereof the following: This Act shall become effective on January 1, 2013; provided, however, that for purposes of making appointments to the Board of Directors of the Authority, Section 1 shall become effective on July 1, 2012, and shall become effective for all other purposes on January 1, 2013. On the adoption of the amendment, there were no objections, and the Mullis amendment #1 to the committee substitute was adopted. Senators Crane of the 28th and Hill of the 32nd offered the following amendment #2: Amend committee substitute to HB 1052 by on line 245 strike "2016" and replace with "2014" On the adoption of the amendment, the President asked unanimous consent. Senator Mullis of the 53rd objected. On the adoption of the amendment, the yeas were 4, nays 34, and the Crane, Hill of the 32nd amendment #2 to the committee substitute was lost. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. MONDAY, MARCH 26, 2012 3239 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport E Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 2. HB 1052, having received the requisite constitutional majority, was passed by substitute. Senator Thompson of the 5th was excused for business outside the Senate Chamber. HB 1080. By Representatives Purcell of the 159th, Neal of the 1st, Powell of the 171st, Cheokas of the 134th, Carter of the 175th and others: 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 eliminate the 9-1-1 Advisory Committee; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. 3240 JOURNAL OF THE SENATE The Senate Veterans, Military and Homeland Security Committee offered the following substitute to HB 1080: A BILL TO BE ENTITLED AN ACT To amend Titles 34, 38, 45, 46, and 50 of the Official Code of Georgia Annotated, relating to labor and industrial relations, to the military, emergency management, and veterans affairs, to public officers and employees, to public utilities and public transportation, and to state government, respectively, so as to eliminate certain provisions relating to emergency management that are obsolete; to eliminate the licensing of nongovernmental rescue organizations, groups, teams, search and rescue dog teams, and individuals by the director of the Georgia Emergency Management Agency; to revise certain definitions; to define the term "emergency management professional"; to revise certain provisions relating to the establishment of, authorization for appropriation of moneys to, and payments from Georgia State Indemnification Fund; to change certain provisions relating to applications for indemnification; to eliminate the 9-1-1 Advisory Committee; to revise certain provisions relating to state flags to honor service of deceased; 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 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising paragraph (2) of Code Section 34-9-1, relating to definitions relative to workers' compensation, as follows: "(2) 'Employee' means every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation, or profession of the employer; and, except as otherwise provided in this chapter, minors are included even though working in violation of any child labor law or other similar statute; provided, however, that nothing contained in this chapter shall be construed as repealing or altering any such law or statute. Any reference to any employee who has been injured shall, if the employee dies, include such employee's legal representatives, dependents, and other persons to whom compensation may be payable pursuant to this chapter. All firefighters, law enforcement personnel, and personnel of emergency management or civil defense agencies, emergency medical services, and rescue organizations whose compensation is paid by the state or any county or municipality, regardless of the method of appointment, and all full-time county employees and employees of elected salaried county officials are specifically included in this definition. There shall also be included within such term any volunteer firefighter of any county or municipality of this state, but only for services rendered in such capacity which are MONDAY, MARCH 26, 2012 3241 not prohibited by Code Section 38-3-36 and only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer firefighters; any volunteer law enforcement personnel of any county or municipality of this state who are certified by the Georgia Peace Officer Standards and Training Council, for volunteer law enforcement services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and but only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer law enforcement personnel; any person who is a volunteer member or worker of an emergency management or civil defense organization, emergency medical service, or rescue organization, whether governmental or not, of any county or municipality of this state for volunteer services, which are not prohibited by Code Section 38-3-36, rendered in such capacity and but only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such volunteer members or workers; and any person certified by the Department of Public Health or the Georgia Composite Medical Board and registered with any county or municipality of this state as a medical first responder for any volunteer first responder services rendered in such capacity, which are not prohibited by Code Section 38-3-36 and but only if the governing authority of the county or municipality for which such services are rendered shall provide by appropriate resolution for inclusion of such responders. The various elected county officers and elected members of the governing authority of an individual county shall also be included in this definition, if the governing authority of said county shall provide therefor by appropriate resolution. For the purposes of workers' compensation coverage, employees of county and district health agencies established under Chapter 3 of Title 31 are deemed and shall be considered employees of the State of Georgia and employees of community service boards established under Chapter 2 of Title 37 shall be considered to be employees of the state. For the purpose of workers' compensation coverage, members of the Georgia National Guard and the State Defense Force serving on state active duty pursuant to an order by the Governor are deemed and shall be considered to be employees of this state. A person shall be an independent contractor and not an employee if such person has a written contract as an independent contractor and if such person buys a product and resells it, receiving no other compensation, or provides an agricultural service or such person otherwise qualifies as an independent contractor. Notwithstanding the foregoing provisions of this paragraph, any officer of a corporation may elect to be exempt from coverage under this chapter by filing written certification of such election with the insurer or, if there is no insurer, the State Board of Workers' Compensation as provided in Code Section 34-9-2.1. For purposes of this chapter, an owner-operator as such term is defined in Code Section 40-2-87 shall be deemed to be an independent contractor. Inmates or persons participating in a work release program, community service program, or similar program as part of the punishment for violation of a municipal ordinance pursuant to Code Section 36-32-5 or a county 3242 JOURNAL OF THE SENATE ordinance or a state law shall not be deemed to be an employee while participating in work or training or while going to and from the work site or training site, unless such inmate or person is employed for private gain in violation of Code Section 42-1-5 or Code Section 42-8-70 or unless the municipality or county had voluntarily established a policy, on or before January 1, 1993, to provide workers' compensation benefits to such individuals." SECTION 2. Title 38 of the Official Code of Georgia Annotated, relating to the military, emergency management, and veterans affairs, is amended by revising Code Section 38-3-36, relating to licensing by the director of the Georgia Emergency Management Agency of nongovernmental rescue organizations, exceptions, and registration of public and private search and rescue dog teams, as follows: "38-3-36. (a) Except as otherwise provided by subsection (b) of this Code section, all nongovernmental rescue organizations, associations, groups, teams, search and rescue dog teams, or individuals, whether or not they are holders of a charter issued by this state or officers thereof, shall be prohibited from performing any rescue or emergency management type activity until the organization, association, group, team, search and rescue dog team, or individual has been licensed by the director of emergency management to perform the activities. It is expressly declared that Articles 1 through 3 of this chapter shall not amend, repeal, alter, or affect in any manner Code Section 511-29. (b) Any marine rescue squadron sponsored by and operating under the direction and control of the sheriff of the county of residence of the squadron and chartered as a Marine Rescue Squadron of America, which was so chartered on January 1, 1960, or prior to that date, and which performs only water or boat safety rescue missions within this state, shall be deemed to be a governmental rescue organization within the meaning of subsection (a) of this Code section and need not be licensed by the director of emergency management as provided in the subsection. (c) The director of emergency management shall promulgate rules and regulations for training and licensing standards for private search and rescue dog teams. The director shall maintain a registry of public and private search and rescue dog teams operating within the state. Any public or private organization which provides rescue services in this state utilizing search and rescue dog teams shall register with the director the name and address of the organization, a 24 hour telephone number to be used for contact during emergencies, the counties in which the search and rescue dog teams provide service, the types of specialized search and rescue dog teams which are available, and such other information as the director may require by rule and regulation Reserved." SECTION 3. Title 45 of the Official Code of Georgia Annotated, relating to public officers and employees, is amended by revising Code Section 45-9-81, relating to definitions relative MONDAY, MARCH 26, 2012 3243 to the Georgia State Indemnification Fund, as follows: "45-9-81. As used in this part, the term: (1) 'Commission' means the Georgia State Indemnification Commission. (2) 'Department' means the Department of Administrative Services. (3) 'Emergency management professional' means any person employed as or serving as an officially recognized or officially designated member of any municipal, county, or state emergency management agency pursuant to Title 38. (3)(4) 'Emergency management rescue specialist' means any person licensed as an emergency management rescue specialist pursuant to Code Section 38-3-36 on or before June 30, 2012. (4)(5) 'Emergency medical technician' includes only persons who: (A) Are certified as emergency medical technicians, paramedics, or cardiac technicians under Chapter 11 of Title 31; and (B) Are employed in the capacity for which they are so certified by a department, agency, authority, or other instrumentality of state or local government. (5)(6)(A) 'Firefighter' means any person who is employed as a professional firefighter on a full-time or part-time basis by any municipal, county, or state government fire department employing three or more firefighters and who has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal, county, and state fire prevention codes, enforcing any law pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (B) 'Firefighter' shall also mean any individual serving as an officially recognized or designated member of a legally organized volunteer fire department, or any employee of the Georgia Forestry Commission whose job duties include fire mitigation, who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (C) 'Firefighter' shall also mean any individual employed by a person or corporation which has a contract with a municipal corporation or county to provide fire prevention and fire-fighting services to such municipal corporation or county and any such individual is employed on a full-time basis of at least 40 hours per week and has the responsibility of preventing and suppressing fires, protecting life and property, enforcing municipal or county fire prevention codes, enforcing any municipal or county ordinances pertaining to the prevention and control of fires or who performs any acts or actions while on duty or when responding to a fire or emergency during any fire or other emergency or while performing duties intended to protect life and property. (6)(7) 'In the line of duty' means: (A) With respect to an emergency medical technician, or an emergency management rescue specialist, or an emergency management professional, while on 3244 JOURNAL OF THE SENATE duty and when responding to or returning from an emergency or performing duties at the scene of an emergency or transporting a person to a medical facility for emergency treatment or returning therefrom; (B) With respect to a volunteer firefighter, while on duty and when responding to or returning from a fire or other emergency or performing duties during any fire or other emergency or performing duties intended to protect life and property including, without limitation, actual participation in a training exercise; (C) With respect to a law enforcement officer or firefighter, while on duty and performing services for and receiving compensation from the law enforcement and fire service agency which employs such officer or firefighter, while off duty when responding to any situation which would save a life or preserve the peace, or while preventing or attempting to prevent the commission of a crime or fire. A law enforcement officer or firefighter who is performing duties for and receiving compensation from a private employer at the time of such officer's or firefighter's death or bodily injury causing total permanent disability or partial permanent disability shall not be considered in the line of duty if the officer or firefighter is entitled to workers' compensation benefits from the private employer or the private employer's insurer; (D) With respect to a prison guard, while on duty and performing services for and receiving compensation from the public agency which employs such prison guard; or (E) With respect to a state highway employee, while on duty and performing any work necessary for the construction, maintenance, or operation of a roadway on or within the public roads of the state as defined in paragraph (24) of Code Section 321-3 when such employee is killed or permanently disabled as the result of working under hazardous conditions in close proximity to moving traffic or equipment. Such term shall not mean commuting to or from work or commuting to or from training. (7)(8) 'Law enforcement officer' means any agent or officer of this state, a political subdivision or municipality of this state, or an authority of this state or a political subdivision of this state who, as a full-time or part-time employee, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws with the power of arrest and whose duties include the preservation of public order, the protection of life and property, or the prevention, detection, or investigation of crime. Such term also includes the employees designated by the commissioner of juvenile justice of the Department of Juvenile Justice pursuant to paragraph (2) of subsection (i) of Code Section 49-4A-8, which employees have the duty to investigate and apprehend delinquent and unruly children who have escaped from a facility under the jurisdiction of the Department of Juvenile Justice or who have broken the conditions of supervision. Such term also includes members of the Georgia National Guard, the composition of which is set forth in Code Section 38-2-3, who have been called into active state service by the Governor. (8)(9) 'Organic brain damage' means direct physical trauma to the brain which so MONDAY, MARCH 26, 2012 3245 affects the mental capacity as to preclude function productively in any employment. (9)(10) 'Partial permanent disability' means disability due to: (A) Loss of the use of one eye or blindness in one eye with only light perception; (B) Loss of one hand; (C) Loss of one leg; or (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without the use of a wheelchair for all but very short distances. (10)(11) 'Prison guard' means any person employed by the state or any political subdivision thereof whose principal duties relate to the supervision and incarceration of persons accused or convicted of the violation of the criminal laws of this state or any political subdivision thereof. Such term shall also mean any probation supervisor or parole officer who is required to be certified under Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training Act,' and whose principal duties directly relate to the supervision of adult probationers or adult parolees. Such term also means any person employed by the state or any political subdivision thereof whose principal duties include the supervision of youth who are charged with or adjudicated for an act which if committed by adults would be considered a crime. (11)(12) 'State highway employee' means an employee of the Georgia Department of Transportation who receives compensation directly therefrom and regularly engages in duties necessary for the construction, maintenance, or operation of roadways on or within the public roads of this state as defined in paragraph (24) of Code Section 321-3. (12)(13) 'Total permanent disability' means disability due to: (A) Loss of both eyes or blindness in both eyes with only light perception; (B) Loss or loss of use of both hands; (C) Loss or loss of use of both legs; (D) Loss of a lower extremity or the residual effect of an organic disease or injury which so affects the functions of balance or propulsion as to preclude locomotion without resort to a wheelchair at all times; or (E) Organic brain damage." SECTION 4. Said title is further amended by revising subsection (a) of Code Section 45-9-82, public officers and employees, as follows: "(a) There is established a program to provide for indemnification with respect to the: (1) Death of any law enforcement officer, firefighter, or prison guard who is or has been killed in the line of duty subsequent to January 1, 1973; (2) Permanent disability of any law enforcement officer, firefighter, or prison guard who is or has been permanently disabled in the line of duty subsequent to January 1, 1973; (3) Death or permanent disability of any emergency medical technician who is killed or permanently disabled or who has been killed or permanently disabled in the line of 3246 JOURNAL OF THE SENATE duty subsequent to January 1, 1977; (4) Death or permanent disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991 but prior to July 1, 2012; (5) Death or permanent disability of any emergency management professional who is killed or permanently disabled in the line of duty on or after July 1, 2012; and (5)(6) Death or permanent disability of any state highway employee who is killed or permanently disabled in the line of duty on or after January 1, 1990." SECTION 5. Said title is further amended by revising Code Section 45-9-84.2, relating to the Georgia State Indemnification Fund, authorization for appropriation of moneys to the fund, and money from other sources, as follows: "45-9-84.2. The General Assembly is authorized to appropriate funds to be placed in the Georgia State Indemnification Fund for the purpose of providing for indemnification with respect to the death or disability of any law enforcement officer, firefighter, or prison guard who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1973,; the death or disability of any emergency medical technician who is killed or permanently disabled or has been killed or permanently disabled in the line of duty subsequent to January 1, 1977,; the death or disability of any emergency management rescue specialist who is killed or permanently disabled on or after January 1, 1991, but prior to July 1, 2012; the death or disability of any emergency management professional who is killed or permanently disabled in the line of duty on or after July 1, 2012; and the death or disability of any state highway employee who is or has been killed or permanently disabled in the line of duty subsequent to January 1, 1990, as well as defraying the expenses and costs incurred by the department and the commission in the administration of this part. In addition, the department is authorized to accept for deposit in the Georgia State Indemnification Fund any other funds from any other source. All funds appropriated to the Georgia State Indemnification Fund shall be presumptively concluded to have been committed to the purpose for which they have been appropriated and shall not lapse." SECTION 6. Said title is further amended by revising Code Section 45-9-85, relating to payment of indemnification for death or disability, procedure for making of payments, and appeal, as follows: "45-9-85. (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, emergency management professional, state highway employee, or prison guard, the eligible disabled person may elect payment of MONDAY, MARCH 26, 2012 3247 $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 total permanent disability suffered in the line of duty by a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, emergency management professional, 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 (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 rescue specialist, emergency management professional, 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 or to the legal guardian of the organically brain damaged person. The surviving unremarried spouse, dependents, or the legal guardian may elect to receive payment in a lump sum payment of $100,000.00 paid in equal monthly installments for five years or a lump sum of such amount reduced to its present value upon the basis of interest calculated at the rate of 6 percent per annum. (b) After the department, or the commission upon review of a denial by the department, determines that a law enforcement officer, firefighter, emergency medical technician, emergency management rescue specialist, emergency management professional, prison guard, or state highway employee has suffered a total permanent disability, a partial permanent disability, organic brain damage, or death in the line of duty, the department shall be authorized to make the appropriate payments as provided in subsection (a) of this Code section. (c) If the department denies a claim, any person seeking benefits pursuant to this part may appeal the department's decision to the commission. Any such appeal shall be filed with the commission within 60 days of receipt of the department's decision and shall identify the errors in the department's decision. Appeals shall be considered by the commission at the commission's semiannual meeting as provided in Code Section 45-9-84." SECTION 7. Said title is further amended by revising Code Section 45-9-86, relating to application for indemnification, as follows: "45-9-86. (a) An application for indemnification with respect to a claim for total permanent disability or partial permanent disability of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, emergency management professional, or state highway employee shall be submitted by that person unless the person is mentally incompetent, in which case the application 3248 JOURNAL OF THE SENATE may be made on such person's behalf by his or her legal guardian. (b) An application for indemnification with respect to a claim for the death of a law enforcement officer, firefighter, prison guard, emergency medical technician, emergency management rescue specialist, emergency management professional, or state highway employee shall be submitted by or on behalf of the surviving unremarried spouse or dependents eligible under this part. (c) An application for indemnification with respect to death, organic brain damage, total permanent disability, or partial permanent disability must be made within 24 months after the date of the incident giving rise to the death, organic brain damage, or disability." SECTION 8. Title 46 of the Official Code of Georgia Annotated, relating to public utilities and public transportation, is amended by revising Code Section 46-5-123, relating to the creation of the 9-1-1 Advisory Committee, selection of members, filling of vacancies, organization, and roles and responsibilities, as follows: "46-5-123. (a) For the purposes of the development and implementation of a plan for the statewide emergency 9-1-1 system, there is created the 9-1-1 Advisory Committee to be composed of the director of the agency, who shall serve as chairperson; the director of the Georgia Technology Authority or his or her designee; the commissioner of the department or his or her designee; and 12 other members appointed by the Governor, as follows: (1) Three members appointed from nominees of the Georgia Municipal Association; (2) Three members appointed from nominees of the Association County Commissioners of Georgia; (3) Four members who are experienced in and currently involved in the management of emergency telephone systems; and (4) Two members who are representatives of the telecommunications industry, one of whom shall be a representative of a wireless service supplier and one of whom shall be a representative of a land based service supplier. (b) When appointments are made, the associations making nominations pursuant to this Code section shall submit at least three times as many nominees as positions to be filled at that time by nominees of the association. (c) The appointed members of the committee shall serve at the pleasure of the Governor. Vacancies shall be filled in the same manner as the original appointment. (d) The committee shall organize itself as it deems appropriate and may elect other officers from among its members. (e) The committee shall hold meetings at the call of the chairperson; provided, however, that it shall meet at least three times a year. A quorum for transacting business shall be a majority of the members of the committee. (f) The committee shall be assigned to the agency for administrative purposes only, as prescribed in Code Section 50-4-3. MONDAY, MARCH 26, 2012 3249 (g) The committee shall have the following duties and responsibilities: (1) To make recommendations to the commissioner of the department regarding the recipients of assistance grants provided for under Code Section 46-5-134.2; (2) To study and evaluate the state-wide provision of 9-1-1 service; (3) To identify any changes necessary to accomplish more effective and efficient 9-11 service across this state; (4) To identify any changes necessary in the assessment and collection of 9-1-1 fees; (5) To make recommendations to the agency as to training that should be provided to directors of public safety answering points; and (6) To provide an annual report which shall include proposed legislation, if any, to the Governor and the General Assembly by December 1 of each year Reserved." SECTION 9. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (b) of Code Section 50-3-13, relating to state flags to honor service of deceased qualifying public safety officers, as follows: "(b) For purposes of this Code section, a 'qualifying public safety officer' is a peace officer, as defined in Code Section 35-8-2, sheriff, or firefighter, emergency medical technician, or emergency management rescue specialist, or emergency management professional, as each is defined in Code Section 45-9-81, or member of the Georgia National Guard. In addition, 'qualifying public safety officer' is an officer killed in the line of duty or an officer who has served as a qualifying public safety officer for a period of not less than five years. A person committing or convicted of a felony or crime of moral turpitude or whose certification or license to practice as a public safety officer is revoked or terminated shall not be considered a 'qualifying public safety officer'." SECTION 10. This Act shall become effective on July 1, 2012. 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 Albers Y Balfour Y Bethel E Hamrick E Harbison Y Heath Y Orrock Y Paris E Ramsey 3250 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk McKoon Y Millar Y Miller Y Mullis E Murphy Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 1080, having received the requisite constitutional majority, was passed by substitute. HB 1115. By Representatives Dudgeon of the 24th, Parsons of the 42nd and Martin of the 47th: A BILL to be entitled an Act to amend Article 1 of Chapter 4 of Title 14 and Title 46 of the Official Code of Georgia Annotated, relating to general provisions applicable to Secretary of State corporations and public utilities and public transportation, respectively, so as to revise and update certain provisions relating to telecommunications; to remove telegraph companies from the jurisdiction of the Public Service Commission; to eliminate certain provisions relating to telegraph service; to amend various other titles of the Official Code of Georgia Annotated, so as to revise cross-references for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Loudermilk of the 52nd. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: MONDAY, MARCH 26, 2012 3251 Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport E Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 0. HB 1115, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Bulloch of the 11th Golden of the 8th HB 1166. By Representatives Atwood of the 179th, Smith of the 131st, Meadows of the 5th, Maxwell of the 17th, Williams of the 113th 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 individual health insurance coverage to children through child-only health plans; to provide for legislative intent; to establish a mandatory, uniform open enrollment period; to provide for definitions; to provide for guaranteed-issue coverage regardless of health status; to provide for special enrollment periods for loss of coverage because of a qualifying event; to provide for a list of qualifying events; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ligon, Jr. of the 3rd. 3252 JOURNAL OF THE SENATE Senators Hill of the 32nd, McKoon of the 29th and Loudermilk of the 52nd offered the following amendment #1: Amend HB 1166 (LC 29 5196ERS) by inserting after "so as" on line 1 "to provide for a certain definition; to authorize the formation of regional insurance coalitions;" and by redesignating Sections 2 and 3 as Sections 4 and 5, respectively, and striking lines 13 and 14 and inserting in lieu thereof the following: Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-1-2, relating to definitions, by adding a new paragraph to read as follows: "(1.05) 'Comprehensive major medical' means a plan with at least a $1 million coverage lifetime maximum, a cost sharing out-of-pocket maximum no greater than that applicable in any given year to a high deductible health plan as defined under Section 223 of the Internal Revenue Code with applicable annual indexing, and coverage for at least ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, prescription drugs, rehabilitative and wellness services, chronic disease management, and pediatric services." SECTION 2. Said title is further amended by adding a new article to Chapter 29A, relating to individual health insurance coverage, to read as follows: "ARTICLE 4 33-29A-50. (a) The General Assembly seeks to initiate cooperation of like-minded states to create a multistate coalition with reciprocity agreements for approval, offer, sale, rating (including medical underwriting), renewal, and issuance of comprehensive major medical individual and group health insurance policies. (b) The General Assembly recognizes that insured health policies must be filed in each state for approval and compliance with each separate state's administrative and coverage requirements. The General Assembly believes that a coalition of states with consistent health insurance laws will lower development and distribution costs, making the coalition states a larger attractive market for more rapid introduction of new products and services. In addition, a multistate market with common standards will encourage new insurers to locate and initiate business in the coalition states' market. The increased market size and common state requirements will increase competition among insurers and lower premiums. 33-29A-51. It shall be the duty of the Commissioner to identify at least four states with insurance laws sufficiently consistent with the laws of this state in order to create an efficient regional or multistate market. The Commissioner shall be authorized to take a lead role MONDAY, MARCH 26, 2012 3253 in establishing a coalition of other states to adopt an alternative policy approval process for comprehensive major medical policies that utilize a common set of policy approval requirements among the coalition states. The Commissioner shall approve for sale in Georgia comprehensive major medical individual and group policies that have been approved for issuance under the alternative policy approval process in the coalition 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 Georgia and provided that any such policy meets the requirements established by the Commissioner. 33-29A-52. (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 3. Said title is further amended by adding a new chapter to read as follows: Senator Ligon, Jr. of the 3rd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Hill of the 32nd, et al. amendment #1 germane. On the adoption of the amendment, the President asked unanimous consent. Senator Ligon, Jr. of the 3rd objected. On the adoption of the amendment, the yeas were 9, nays 28, and the Hill of the 32nd, et al. amendment #1 was lost. Senators Hill of the 32nd, McKoon of the 29th and Loudermilk of the 52nd offered the following amendment #2: Amend HB 1166 (LC 29 5196ERS) by inserting after "so as" on line 1 "to provide a certain definition; to provide for certain condition and disease management programs;" and by redesignating Sections 2 and 3 as Sections 4 and 5, respectively, and striking lines 13 and 14 and inserting in lieu thereof the following: Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising Code Section 33-1-2, relating to definitions, by adding a new paragraph to read as follows: "(1.05) 'Comprehensive major medical' means a plan with at least a $1 million coverage lifetime maximum, a cost sharing out-of-pocket maximum no greater than that applicable in any given year to a high deductible health plan as defined under Section 223 of the Internal Revenue Code with applicable annual indexing, and coverage for at 3254 JOURNAL OF THE SENATE least ambulatory patient services, emergency services, hospitalization, maternity and newborn care, mental health and substance use disorder services, prescription drugs, rehabilitative and wellness services, chronic disease management, and pediatric services." SECTION 2. Said title is further amended by revising Code Section 33-24-59.13, relating to exemptions for certain unfair trade practices for certain wellness and health improvement programs and incentives, as follows: "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, condition management, disease management, 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 employee contributions or any combination of these incentives, to encourage enrollment in, participation in, improved outcomes from, or improved health status from 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. Said title is further amended by adding a new chapter to read as follows: Senator Ligon, Jr. of the 3rd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Hill of the 32nd, et al. amendment #2 not germane. Senators Hill of the 32nd, McKoon of the 29th and Loudermilk of the 52nd offered the following amendment #3: Amend HB 1166 (LC 29 5196ERS) by inserting after "so as" on line 1 "to provide for certain health reimbursement only arrangements;" and by redesignating Sections 2 and 3 as Sections 3 and 4, respectively, and inserting after line 163 the following: MONDAY, MARCH 26, 2012 3255 SECTION 2. Said title is further amended by revising Code Section 33-51-7, relating to health reimbursement arrangement only plans, as follows: "33-51-7. (a) The Commissioner shall be authorized to allow health reimbursement arrangement only plans that encourage employer financial support of health insurance or health related expenses recognized under the rules of the federal Internal Revenue Service to be approved for sale in connection with or packaged with individual health insurance policies otherwise approved by the Commissioner. (b) Health reimbursement arrangement only plans that are not sold in connection with or packaged with individual health insurance policies shall not be considered insurance under this title. (c) Individual insurance policies offered or funded through health reimbursement arrangements shall not be considered employer sponsored or group coverage for purposes of this title, and nothing in this Code section shall be interpreted to require an insurer to offer an individual health insurance policy for sale in connection with or packaged with a health reimbursement arrangement or to accept premiums from health reimbursement arrangement plans for individual health insurance policies. (d) Employer actions to accommodate the collection, packaging, or submission of funds from health reimbursement only arrangements, sometimes referred to as list billing, for the purchase of individual policies shall not constitute the establishment of a group plan." Senator Ligon, Jr. of the 3rd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Hill of the 32nd, et al. amendment #3 not germane. Senators Hill of the 32nd, Loudermilk of the 52nd and McKoon of the 29th offered the following amendment #4: Amend LC 29 5196ERS to HB 1166 by striking lines 162 and 163. Senator Ligon, Jr. of the 3rd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the Hill of the 32nd, et al. amendment #4 germane. 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 11, nays 24, and the Hill of the 32nd, et al. amendment #4 was lost. 3256 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 Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant E Hamrick E Harbison N Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris E Ramsey Y Rogers Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 2. HB 1166, having received the requisite constitutional majority, was passed. The following Senators were excused for business outside the Senate Chamber: Henson of the 41st Hill of the 32nd HB 1198. By Representatives Meadows of the 5th, Houston of the 170th, Smith of the 131st, Hembree of the 67th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated or otherwise unable to exercise his or her discretion regarding a decision to MONDAY, MARCH 26, 2012 3257 permit grandparent visitation; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Judiciary Committee offered the following substitute to HB 1198: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit grandparent visitation; 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 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, is amended by revising Code Section 19-7-3, relating to "grandparent" defined, original actions for visitation rights or intervention, revocation or amendment of visitation rights, appointment of guardian ad litem, mediation, and hearing, as follows: "19-7-3. (a) As used in this Code section, the term 'grandparent' means the parent of a parent of a minor child, the parent of a minor child's parent who has died, and the parent of a minor child's parent whose parental rights have been terminated. (b)(1) Except as otherwise provided in paragraph (2) of this subsection, any grandparent shall have the right to file an original action for visitation rights to a minor child or to intervene in and seek to obtain visitation rights in any action in which any court in this state shall have before it any question concerning the custody of a minor child, a divorce of the parents or a parent of such minor child, a termination of the parental rights of either parent of such minor child, or visitation rights concerning such minor child or whenever there has been an adoption in which the adopted child has been adopted by the child's blood relative or by a stepparent, notwithstanding the provisions of Code Section 19-8-19. (2) This subsection shall not authorize an original action where the parents of the minor child are not separated and the child is living with both of the parents. (c)(1) Upon the filing of an original action or upon intervention in an existing proceeding under subsection (b) of this Code section, the court may grant any 3258 JOURNAL OF THE SENATE grandparent of the child reasonable visitation rights if the court finds the health or welfare of the child would be harmed unless such visitation is granted, and if the best interests of the child would be served by such visitation. In considering whether the health or welfare of the child would be harmed without such visitation, the court shall consider and may find that harm to the child is reasonably likely to result where, prior to the original action or intervention: (A) The minor child resided with the grandparent for six months or more; (B) The grandparent provided financial support for the basic needs of the child for at least one year; (C) There was an established pattern of regular visitation or child care by the grandparent with the child; or (D) Any other circumstance exists indicating that emotional or physical harm would be reasonably likely to result if such visitation is not granted. The court shall make specific written findings of fact in support of its rulings. There shall be no presumption in favor of visitation by any grandparent. (2) An original action requesting visitation rights shall not be filed by any grandparent more than once during any two-year period and shall not be filed during any year in which another custody action has been filed concerning the child. After visitation rights have been granted to any grandparent, the legal custodian, guardian of the person, or parent of the child may petition the court for revocation or amendment of such visitation rights, for good cause shown, which the court, in its discretion, may grant or deny; but such a petition shall not be filed more than once in any two-year period. (3) While a parent's decision regarding grandparent visitation shall be given deference by the court, the parent's decision shall not be conclusive when failure to provide grandparent contact would result in emotional harm to the child. A court may presume that a child who is denied any contact with his or her grandparent or who is not provided some minimal opportunity for contact with his or her grandparent may suffer emotional injury that is harmful to such child's health. Such presumption shall be a rebuttable presumption. (4) In no case shall the granting of visitation rights to a grandparent interfere with a child's school or regularly scheduled extracurricular activities. Visitation time awarded to a grandparent shall not be less than 24 hours in any one-month period. (d) Notwithstanding the provisions of subsections (b) and (c) of this Code section, if one of the parents of a minor child dies, is incapacitated, or is incarcerated, the court may award the parent of the deceased, incapacitated, or incarcerated parent of such minor child reasonable visitation to such child during his or her minority if the court in its discretion finds that such visitation would be in the best interests of the child. The custodial parent's judgment as to the best interests of the child regarding visitation shall be given deference by the court but shall not be conclusive. (d)(e) If the court finds that the grandparent or grandparents can bear the cost without unreasonable financial hardship, the court, at the sole expense of the petitioning grandparent or grandparents, may: MONDAY, MARCH 26, 2012 3259 (1) Appoint a guardian ad litem for the minor child; and (2) Assign the issue of visitation rights of a grandparent for mediation. (e)(f) In the event that the court does not order mediation or upon failure of the parties to reach an agreement through mediation, the court shall fix a time for the hearing of the issue of visitation rights of the grandparent or grandparents. (g) Whether or not visitation is awarded to a grandparent, the court may direct a custodial parent, by court order, to notify such grandparent of every performance of the minor child to which the public is admitted, including, but not limited to, musical concerts, graduations, recitals, and sporting events or games." 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 Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Crosby Y Davenport E Davis Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath E Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 3260 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 39, nays 1. HB 1198, having received the requisite constitutional majority, was passed by substitute. 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 370. By Senators Carter of the 1st, Bethel of the 54th, Jackson of the 2nd and Goggans of the 7th: 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 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 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 change certain provisions relating to Schedule I and V controlled substances; to provide for a short title; 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. This 2012 Act which provides for the annual update of the identity of controlled substances and dangerous drugs is dedicated to the memory of Chase Corbitt Burnett and shall be known and may be cited as "Chase's Law." SECTION 2. 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 adding a new subparagraph to paragraph (3) to read as follows: "(GGG) Fluorophenylpiperazine (FPP);" SECTION 3. Said chapter is further amended in Code Section 16-13-25, relating to Schedule I MONDAY, MARCH 26, 2012 3261 controlled substances, by revising paragraph (12) to read as follows: "(12) Any material, compound, mixture, or preparation which contains any quantity of the following substances, their salts, isomers (whether optical, positional, or geometric), homologues, and salts of isomers and homologues, unless specifically excepted, whenever the existence of these salts, isomers, homologues, and salts of isomers and homologues is possible within the specific chemical designation: (A) 1-pentyl-3-(1-naphthoyl)indole (JWH-018); (B) 1,1-dimethylheptyl-11-hydroxy-delta-8-tetrahydrocannabinol (HU-210; (6a, 10a)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)-6a,7,10,10atetrahydrobenzo[c]chromen-1-ol); (C) 2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl)phenol (CP 47,497); (D) 1-[2-(4-Morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200); (E) 2-(2-Methoxyphenyl)-1-(1-pentylindole-3-yl) ethanone (JWH-250); (F) 4-Methoxynaphthalen-1-yl-(1-pentylindole-3-yl) methanone (JWH-081). Any of the following compounds, derivatives, their salts, isomers, and salts of isomers, unless specifically utilized as part of the manufacturing process by a commercial industry of a substance or material not intended for human ingestion or consumption, as a prescription administered under medical supervision, or research at a recognized institution, whenever the existence of these salts, isomers, and salts of isomers is possible within the specific chemical designation: (A) Naphthoylindoles; (B) Naphthylmethylindoles; (C) Naphthoylpyrroles; (D) Naphthylideneindenes; (E) Phenylacetylindoles; (F) Cyclohexylphenols; (G) Benzoylindoles; (H) Tricyclic benzopyrans; (I) Adamantoylindoles; (J) Indazole amides; (K) 2,3-Dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]-1,4benzoxazin -6-yl]-1-naphthalenylmethanone (WIN 55,212-2); or (L) Any compound, unless specifically excepted or listed in this or another schedule, structurally derived from 2-aminopropan-1-one by substitution at the 1position with either phenyl, naphthyl, or thiophene ring systems, whether or not the compound is further modified in any of the following ways: (i) By substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide substitutions, whether or not further substituted in the ring system; (ii) By substitution at the 3-position with an acyclic alkyl substitution; or (iii) By substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or methoxybenzyl groups, or by inclusion of the 2-amino nitrogen atom in a cyclic structure." 3262 JOURNAL OF THE SENATE SECTION 4. Said chapter is further amended in Code Section 16-13-29, relating to Schedule V controlled substances, by deleting "or" at the end of paragraph (4), by replacing the period at the end of paragraph (5) with "; or", and by adding a new paragraph to read as follows: "(6) Ezogabine." SECTION 5. 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: "(14.5) Adenovirus;" "(17.3) Aflibercept;" "(17.7) Albiraterone;" "(72.43) Azficel-T; (72.45) Azilsartan;" "(78.3) Belatacept; (78.5) Belimumab;" "(104.5) Boceprevir;" "(106.5) Brentuxima vedotin;" "(154.5) Centruroides [Scorpion] Immune;" "(198.05) Clobazam;" "(208.5) Coccidioides immitis;" "(217.8) Crizotinib;" "(386.05) Fidaxomicin;" "(408.27) Gadobutrol;" "(464.07) Icatibant;" "(469.07) Indacaterol;" "(487.06) Ioflupane;" "(490.7) Ipilimumab;" "(520.5) Linagliptin;" "(842.18) Rilpivirine;" "(843.825) Rivaroxaban;" "(844.75) Roflumilast;" "(885.5) Spinosad;" "(931.553) Telaprevir;" "(964.7) Ticagrelor;" "(1025.2) Vandetanib;" "(1027.55) Vemuranfenib;" "(1030.5) Vilazodone;" SECTION 6. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. MONDAY, MARCH 26, 2012 3263 SECTION 7. 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 370. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel E Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport E Davis Y Fort Y Ginn Y Goggans E Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath E Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares E Jones Y Ligon Loudermilk Y McKoon Y Millar Miller Y Mullis E Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer E Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 370. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 371. By Senators Tippins of the 37th, Rogers of the 21st, Mullis of the 53rd, Hill of the 32nd, Williams of the 19th and others: A BILL to be entitled an Act to amend Code Section 6-3-20, relating to the power of local governments to acquire, construct, maintain, and control 3264 JOURNAL OF THE SENATE airports and landing fields, so as to provide for local governments' ability to accept community improvement district funds to use for improvements to airports and landing fields within the district; 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 365. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 446. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Miller of the 49th, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to make MONDAY, MARCH 26, 2012 3265 conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; 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. SB 319. By Senators Jeffares of the 17th, Tolleson of the 20th, Chance of the 16th, Tippins of the 37th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to repeal conflicting laws; and for other purposes. SB 324. By Senators Mullis of the 53rd, Tolleson of the 20th, Wilkinson of the 50th, Hooks of the 14th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to the practice of veterinary medicine, so as to clarify a certain definition; to repeal conflicting laws; and for other purposes. SB 356. By Senators Murphy of the 27th, Cowsert of the 46th, Hamrick of the 30th, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial 3266 JOURNAL OF THE SENATE circuit, so as to provide for an additional judge of the Bell-Forsyth Judicial Circuit; to provide for the initial appointment of such judge by the Governor; to provide for the election and term of office of such judge; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 367. By Senators Bulloch of the 11th, Ginn of the 47th, Wilkinson of the 50th, Miller of the 49th, Heath of the 31st and others: A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to administrative authority of the Commissioner of Agriculture, hearings, penalties, and judicial review, so as to authorize the Commissioner to require persons incurring civil penalties to obtain a surety bond; to repeal conflicting laws; and for other purposes. SB 383. By Senators Hamrick of the 30th, McKoon of the 29th, Stone of the 23rd, Carter of the 42nd and Bethel of the 54th: A BILL to be entitled an Act to amend Article 1 of Chapter 9 of Title 9 of the Official Code of Georgia Annotated, relating to general provisions for arbitration, so as to repeal Part 2, relating to international transactions; to provide for a short title; to provide for a statement of purpose; to provide for applicability; to provide for definitions; to provide for procedure; to provide for court intervention; to provide for an arbitration agreement; to provide for selection and disqualification of arbitrators; to provide for challenges to arbitrator selection and substitution of arbitrators; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. SB 396. By Senators Chance of the 16th, Jackson of the 24th, Miller of the 49th, Jeffares of the 17th, Stoner of the 6th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 6 of Title 12 of the Official Code of Georgia Annotated, relating to forest resources, so as to change certain provisions relating to the Herty Advanced Materials Development Center; to rename the center and transfer governance of the center to the Board of Regents of the University System of Georgia; to provide for an advisory board; to redesignate said provisions into Part 2 of Article 2 of Chapter 3 of Title 20 of the Official Code of Georgia MONDAY, MARCH 26, 2012 3267 Annotated, relating to the University System of Georgia; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 143. By Senators Henson of the 41st and Shafer of the 48th: 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 an applicant for a license by endorsement shall provide certain information; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes. SB 289. By Senators Rogers of the 21st, Millar of the 40th, Williams of the 19th and Albers of the 56th: 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 require students to take one course containing online learning; to provide for the online administration of end-of-course assessments; to require local school systems to provide opportunities for participation in part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to provide for blended learning courses in charter schools which include online instruction; 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 Senate: SB 117. By Senators Stone of the 23rd, Davis of the 22nd, Ligon, Jr. of the 3rd, Seabaugh of the 28th, Carter of the 42nd and others: 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 of property, so as to increase the amount of certain exemptions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 3268 JOURNAL OF THE SENATE SB 268. By Senators Staton of the 18th and Grant of the 25th: A BILL to be entitled an Act to amend an Act creating a Board of Education of Jones County, approved March 21, 1984 (Ga. L. 1984, p. 4459), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3836), so as to provide that future elections for board of education members shall be conducted on a nonpartisan basis; to provide for applicability; to provide for related matters; to provide for submission for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. SB 302. By Senators Staton of the 18th, Carter of the 1st, Hill of the 4th and Cowsert of the 46th: A BILL to be entitled an Act to amend Chapter 16 of Title 20 of the Official Code of Georgia Annotated, relating to the Georgia Higher Education Facilities Authority, so as to increase the amount of bonding authority; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 357. By Senators Wilkinson of the 50th, Bulloch of the 11th, Heath of the 31st, Miller of the 49th, Mullis of the 53rd and others: A BILL to be entitled an Act to amend Article 5 of Chapter 14 of Title 2 of the Official Code of Georgia Annotated, relating to timber products generally, so as to repeal the "Georgia Treated Timber Products Act of 1973"; 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 337. By Senators Goggans of the 7th, Unterman of the 45th, Cowsert of the 46th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; to provide for related matters; to repeal conflicting laws; and for other purposes. MONDAY, MARCH 26, 2012 3269 SB 385. By Senators Shafer of the 48th, Goggans of the 7th, Bethel of the 54th and McKoon of the 29th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection; to revise certain provisions regarding reinsurance; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 464. By Senators Ligon, Jr. of the 3rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 843. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Mr. Bert Ward and dedicating a bridge in his memory; and for other purposes. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 236. By Senators Cowsert of the 46th, Crosby of the 13th, Williams of the 19th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the O.C.G.A., relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for matters relative to drivers' licenses of persons convicted of driving under the influence; to amend Article 7 of Chapter 8 of Title 42 of the O.C.G.A., relating to ignition interlock devices 3270 JOURNAL OF THE SENATE as probation condition, so as to provide the courts with more authority with regard to the availability of ignition interlock device limited driving permits or probationary licenses and habitual violator probationary licenses for drivers convicted of a second DUI; to provide a court the ability to issue a certificate for such permits and licenses; to change provisions relating to proof of compliance with Code Section 42-8-111; and for other purposes. SB 402. By Senators Golden of the 8th, Millar of the 40th, Stoner of the 6th, Rogers of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide a short title; to define certain terms relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to the Employees' Retirement System of Georgia; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; 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. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Tuesday, March 27, 2012. The motion prevailed, and the President announced the Senate adjourned at 11:57 p.m. TUESDAY, MARCH 27, 2012 3271 Senate Chamber, Atlanta, Georgia Tuesday, March 27, 2012 Thirty-ninth Legislative Day The Senate met pursuant to adjournment at 10:00 a.m. today and was called to order by the President. Senator Bethel of the 54th reported that the Journal of the previous legislative day had been read and found to be correct. By unanimous consent, the reading of the Journal was dispensed with. The Journal was confirmed. The following communication was received by the Secretary: Senator Tommie Williams District 19 321 State Capitol Atlanta, GA 30334 Committees: Appropriations Education and Youth Health and Human Services Reapportionment and Redistricting Rules The State Senate Atlanta, Georgia 30334 PRESIDENT PRO TEMPORE March 26, 2012 Honorable Casey Cagle Lieutenant Governor 240 State Capitol Atlanta, GA 30334 Dear Lt. Governor: The Committee on Assignments has voted and unanimously approved the Governor's Appointments as submitted to the Committee On Assignments. If you have any questions please don't hesitate to contact me. Sincerely, /s/ Tommie Williams Senate President Pro Tempore 3272 JOURNAL OF THE SENATE The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the House: HB 998. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th: 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, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 999. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th: 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 change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 393. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend an Act reconstituting the Board of Education of Ware County, approved September 18, 1991 (Ga. L. 1991, Ex. Sess., p. 445), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 27, 2012 3273 SB 514. By Senator Rogers of the 21st: A BILL to be entitled an Act to provide a homestead exemption from Cherokee County ad valorem taxes for county purposes in an amount as determined from the proceeds generated from the collection of the retail homestead option sales and use tax 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. SB 519. By Senator Williams of the 19th: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Toombs County, approved March 31, 1987 (Ga. L. 1987, p. 5121), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5085), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 525. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend an Act to create the office of Commissioner of Roads and Revenues for the County of Walker, approved February 10, 1939 (Ga. L. 1939, p. 751), as amended, so as to modernize, update, and revise such Act; to eliminate archaic language; to revise provisions relating to elections, runoffs, expenses, county attorney, financial statements, competitive bidding, audits, road maintenance, and oversight; to provide for the ratification of certain contracts; 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 Senate: SB 382. By Senators Shafer of the 48th and Bethel of the 54th: 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 3274 JOURNAL OF THE SENATE members of the Public Service Commission, so as to change the description of the election districts for members of the Public Service Commission; to provide for manner of election and terms of office; to provide for continuation in office of current members; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 405. By Senators Miller of the 49th, Jackson of the 24th, Wilkinson of the 50th, Orrock of the 36th, Albers of the 56th and others: A BILL to be entitled an Act to amend Part 2 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to the office of student achievement, so as to provide that a private college that submits confidential student data and records to the Department of Education shall not be liable for the breach of the confidentiality of such data and records by the Department of Education; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 428. By Senators Tolleson of the 20th, Chance of the 16th, Rogers of the 21st, Millar of the 40th, Davis of the 22nd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 13 of Title 50 of the Official Code of Georgia Annotated, relating to general provisions relative to administrative procedure, so as to provide for agency reports regarding federal government mandates and duplicate state and federal regulation; 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 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 27, 2012 3275 SB 441. By Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr. of the 43rd and Murphy of the 27th: 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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The following Senate legislation was introduced, read the first time and referred to committee: SB 540. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 31 of the Official Code of Georgia Annotated, relating to regulation of hospitals and related institutions, so as to enact "The Hazel D. McCurry Act"; to require nursing homes to provide certain nursing staffing; to provide for related matters; to repeal conflicting laws; and for other purposes. Referred to the Health and Human Services Committee. SR 1281. By Senators Jeffares of the 17th, Tolleson of the 20th, Gooch of the 51st, Stone of the 23rd, Staton of the 18th and others: A RESOLUTION urging the Environmental Protection Division to provide expeditious review and ultimate approval of water and wastewater facility plans and permits; and for other purposes. Referred to the Natural Resources and the Environment Committee. The following committee reports were read by the Secretary: Mr. President, The Senate Committee on Assignments has had under consideration the appointments made by Governor Nathan Deal in a letter dated March 22, 2012 and has instructed me to report the same back to the Senate with the following recommendation: Governor's Appointments All appointments be approved as submitted. Respectfully submitted, Senator Williams of the 19th District, Chairman 3276 JOURNAL OF THE SENATE Mr. President: The Rules Committee has had under consideration the following legislation and has instructed me to report the same back to the Senate with the following recommendation: SR 1014 Do Pass SR 1220 Do Pass by substitute 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 398 HB 1154 HB 1236 HB 1276 HB 1279 HB 1282 HB 1284 HB 1286 HB 1288 HB 1295 HB 1297 Do Pass Do Pass Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 1204 HB 1272 HB 1278 HB 1280 HB 1283 HB 1285 HB 1287 HB 1294 HB 1296 Do Pass by substitute Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Respectfully submitted, Senator Miller 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: SR 1243 Do Pass Respectfully submitted, Senator Mullis of the 53rd District, Chairman TUESDAY, MARCH 27, 2012 The following legislation was read the second time: SR 1014 SR 1220 SR 1243 3277 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 of the United States of America and to the flag of Georgia. The President introduced the chaplain of the day, Dr. James Merritt of Duluth, Georgia, who offered scripture reading and prayer. Serving as the doctor of the day was Dr. Steven A. Muller. The following resolutions were read and adopted: SR 1266. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Officer Keith McGaw, 2012 Rookie of the Year; and for other purposes. SR 1267. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Brian Scudder, 2011 Firefighter of the Year; and for other purposes. SR 1268. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Sergeant Walter Franco, 2012 Officer of the Year; and for other purposes. SR 1269. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending the Heritage High School wrestling team on winning the 2012 Georgia AAA State Traditional Championship; and for other purposes. SR 1270. By Senators Ginn of the 47th, Cowsert of the 46th and Grant of the 25th: A RESOLUTION recognizing and commending Mr. Franklin "Frank" Edwards; and for other purposes. 3278 JOURNAL OF THE SENATE SR 1271. By Senator Gooch of the 51st: A RESOLUTION honoring the life and memory of Reverend Dean Bryant; and for other purposes. SR 1272. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending Nathan Alfonso; and for other purposes. SR 1273. By Senator Rogers of the 21st: A RESOLUTION recognizing and commending the Sequoyah High School physics teams; and for other purposes. SR 1274. By Senators Jones of the 10th and Jackson of the 2nd: A RESOLUTION recognizing and commending Mother Dorethea Daye Evans on the occasion of her 77th birthday; and for other purposes. SR 1275. By Senators Grant of the 25th, Shafer of the 48th, Unterman of the 45th, Balfour of the 9th, Hooks of the 14th and others: A RESOLUTION recognizing and commending Richard P. McCully; and for other purposes SR 1276. By Senators Hill of the 4th, Tippins of the 37th, Thompson of the 33rd, Stoner of the 6th, Rogers of the 21st and others: A RESOLUTION recognizing and commending Dr. W. Ken Harmon; and for other purposes. SR 1277. By Senators Hill of the 4th, Tippins of the 37th, Thompson of the 33rd, Stoner of the 6th, Rogers of the 21st and others: A RESOLUTION recognizing and commending Dr. Daniel S. Papp; and for other purposes. SR 1278. By Senator Hill of the 4th: A RESOLUTION recognizing and commending Ms. Patsy Bobo and Mr. Joe McGlamery; and for other purposes. TUESDAY, MARCH 27, 2012 3279 SR 1279. By Senators Millar of the 40th, Albers of the 56th, Shafer of the 48th and Unterman of the 45th: A RESOLUTION recognizing and commending the Atlanta Assistance League on the occasion of their 30th anniversary; and for other purposes. SR 1280. By Senators Jeffares of the 17th and Jones of the 10th: A RESOLUTION honoring the life and memory of Mr. William Douglas "Doug" Coker, Sr.; and for other purposes. SR 1282. By Senators Bulloch of the 11th and Jeffares of the 17th: A RESOLUTION honoring the life and memory of Mrs. Joan Miller Sutherland; and for other purposes. SR 1283. By Senators James of the 35th and Hamrick of the 30th: A RESOLUTION recognizing March 27, 2012, as District 35 Legislative Day at the capitol; and for other purposes. SR 1284. By Senator Unterman of the 45th: A RESOLUTION recognizing August 26 through September 1, 2012, as Anaphylaxis Awareness Week at the capitol; and for other purposes. SR 1285. By Senator Unterman of the 45th: A RESOLUTION recognizing the second Wednesday of April of 2012 as Button Gwinnett Day at the capitol; and for other purposes. SR 1286. By Senator Mullis of the 53rd: A RESOLUTION honoring the life and memory of Dr. Waclav "Walter" James Constantine Jagiella; and for other purposes. SR 1287. By Senators Hill of the 4th, Hooks of the 14th, Thompson of the 33rd and Williams of the 19th: A RESOLUTION commending Mr. Russell Hinton and wishing him happiness in retirement; and for other purposes. 3280 JOURNAL OF THE SENATE SR 1288. By Senators Chance of the 16th, Hooks of the 14th, Thompson of the 33rd, Henson of the 41st, Rogers of the 21st and others: A RESOLUTION honoring the life and memory of Mrs. Cecilia Harbison; and for other purposes. SR 1289. By Senators Stoner of the 6th, Hill of the 32nd, Rogers of the 21st, Tippins of the 37th and Thompson of the 33rd: A RESOLUTION recognizing and commending the Whitefield Academy boys varsity basketball team on their third Class A State Championship; and for other purposes. SR 1290. By Senator Thompson of the 33rd: A RESOLUTION honoring the world-wide victims of genocide and recognizing April 24, 2012, as Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; and for other purposes. SR 1291. By Senators Thompson of the 33rd and Tippins of the 37th: A RESOLUTION recognizing the month of September as Georgia History Month; and for other purposes. SR 1292. By Senators Orrock of the 36th, Fort of the 39th, Seay of the 34th, James of the 35th, Davenport of the 44th and others: A RESOLUTION recognizing and commending Pastor Leroy Barber's initiative, "Green My Hood"; and for other purposes. Senator Bulloch of the 11th honored the life and memory of Mrs. Joan Miller Sutherland, commended by SR 1282, adopted today. Senator Unterman of the 45th recognized Allison Miller Johnson on the occasion of her retirement, commended by SR 880, adopted previously. Allison Miller Johnson addressed the Senate briefly. Senator James of the 35th recognized March 27, 2012, as District 35 Legislative Day at the capitol, commended by SR 1283, adopted today. The following Senators were excused for business outside the Senate Chamber: Harbison of the 15th Millar of the 40th Murphy of the 27th TUESDAY, MARCH 27, 2012 3281 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 27, 2012 Thirty-ninth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 398 Hill of the 32nd James of the 35th Orrock of the 36th Tate of the 38th Fort of the 39th Shafer of the 48th Albers of the 56th FULTON COUNTY A BILL to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, approved February 2, 1945 (Ga. L. 1945, p. 528), as amended, particularly by an Act approved May 19, 2009 (Ga. L. 2009, p. 4004), so as to correct certain typographical errors; to amend certain provisions so as to comply with the federal Uniformed Services Employment and Reemployment Rights Act of 1994 and the federal Heroes Earnings Assistance and Relief Tax Act of 2008; to repeal conflicting laws; and for other purposes. HB 1154 Shafer of the 48th Albers of the 56th CITY OF MILTON A BILL to be entitled an Act to amend an Act to create the City of Milton Public Buildings and Facilities Authority, approved May 29, 2007 (Ga. L. 2007, p. 4264), so as to authorize city councilmembers to be appointed to the authority; to provide for related matters; to repeal conflicting laws; and for other purposes. 3282 HB 1204 HB 1236 HB 1272 HB 1276 JOURNAL OF THE SENATE Shafer of the 48th CITY OF DULUTH A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. SUBSTITUTE Thompson of the 5th Shafer of the 48th CITY OF NORCROSS A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes. SUBSTITUTE Goggans of the 7th BACON COUNTY A BILL to be entitled an Act to amend an Act re-creating the Board of Commissioners of Bacon County, approved April 4, 1991 (Ga. L. 1991, p. 4436), as amended, so as to limit the membership of the chairperson and commissioners on boards and authorities; to provide for the compensation of the chairperson; to provide for filling a vacancy in office; to limit the terms of the vice chairperson; to provide for a person to assume the position of chairperson in the event of a vacancy or disability; to provide for placing items on meeting agenda; to provide for related matters; to repeal conflicting laws; and for other purposes. Carter of the 1st CITY OF RICHMOND HILL A BILL to be entitled an Act to provide a new charter for the City of Richmond Hill; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the HB 1278 HB 1279 HB 1280 TUESDAY, MARCH 27, 2012 3283 powers, duties, authority, election, terms, vacancies, compensation, expenses, qualifications, prohibitions, conflicts of interest, and suspension and removal from office relative to members of such governing authority; to provide for inquiries and investigations; to provide for oaths, organization, meetings, quorum, voting, rules, and procedures; to provide for an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th Jeffares of the 17th SPALDING COUNTY A BILL to be entitled an Act to authorize the Magistrate Court of Spalding County to charge a technology fee for each civil case filed and criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th Jeffares of the 17th SPALDING COUNTY A BILL to be entitled an Act to authorize the Probate Court of Spalding County to charge a technology fee for each civil case filed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. Chance of the 16th Jeffares of the 17th SPALDING COUNTY A BILL to be entitled an Act to amend an Act creating the State Court of Spalding County, approved December 14, 1897 (Ga. L. 1897, p. 462), as amended, so as to authorize the court to charge a technology fee for each civil case filed and each criminal fine imposed; to specify the uses to which such technology fees may be put; to provide an effective date; to repeal conflicting laws; and for other purposes. 3284 HB 1282 HB 1283 HB 1284 HB 1285 JOURNAL OF THE SENATE Ligon, Jr. of the 3rd CHARLTON COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners for Charlton County, approved August 4, 1927 (Ga. L. 1927, p. 529), as amended, so as to change provisions relating to the number of meetings to be held by the board; to provide for an effective date; to repeal conflicting laws; and for other purposes. Ligon, Jr. of the 3rd CHARLTON COUNTY A BILL to be entitled an Act to repeal an Act providing for a nonstaggered four-month vehicle registration period for Charlton County, approved March 25, 1996 (Ga. L. 1996, p. 3608); to specify the vehicle registration period for Charlton County; to repeal conflicting laws; and for other purposes. Williams of the 19th APPLING COUNTY A BILL to be entitled an Act to amend an Act changing the composition and method of election of the Board of Education of Appling County, approved February 2, 1988 (Ga. L. 1988, p. 3529), as amended, particularly by an Act approved March 4, 1994 (Ga. L. 1994, p. 3601), so as to change the description of the education districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. Williams of the 19th APPLING COUNTY A BILL to be entitled an Act to amend an Act creating the board of commissioners of Appling County, approved February 12, 1945 (Ga. L. 1945, p. 650), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for conditional automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1286 HB 1287 HB 1288 HB 1294 TUESDAY, MARCH 27, 2012 3285 Hill of the 4th TREUTLEN COUNTY A BILL to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, approved March 12, 1935 (Ga. L. 1935, p. 807), as amended, so as to change the description of the commissioner districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Hill of the 4th TREUTLEN COUNTY A BILL to be entitled an Act to amend an Act providing for the election of the members of the Treutlen County Board of Education, approved March 23, 1972 (Ga. L. 1972, p. 2340), as amended, so as to change the description of the education districts; to define certain terms; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for effective dates; to repeal conflicting laws; and for other purposes. Wilkinson of the 50th HART COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to re-create and reconstitute the Hart County Water and Sewer Authority; to provide for a short title; to provide for definitions; to provide for the purposes, powers, duties, and functions of the authority and authorize certain contracts and agreements; to repeal a certain Act; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes. Chance of the 16th CITY OF WILLIAMSON A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of Williamson," approved April 7, 1992 (Ga. L. 1992, p. 5651), so as to change the terms of office of the mayor and members of the city council; to provide for elections; to provide for the submission of this Act for preclearance under 3286 JOURNAL OF THE SENATE Section 5 of the federal Voting Rights Act of 1965, as amended; to repeal conflicting laws; and for other purposes. HB 1295 Wilkinson of the 50th COUNTY OF STEPHENS A BILL to be entitled an Act to amend an Act to divide the County of Stephens into school districts, approved March 23, 1977 (Ga. L. 1977, p. 3875), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1296 Wilkinson of the 50th CITY OF TOCCOA A BILL to be entitled an Act to authorize the governing authority of the City of Toccoa 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 1297 Williams of the 19th JEFF DAVIS COUNTY A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of Jeff Davis County for the purpose of ascertaining whether the judge of the Probate Court of Jeff Davis County shall also serve as the chief magistrate judge of the Magistrate Court of Jeff Davis County; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. The substitute to the following bill was put upon its adoption: *HB 1204: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1204: TUESDAY, MARCH 27, 2012 3287 A BILL TO BE ENTITLED AN ACT To amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), is amended by adding the following language to Exhibit A of the Act: "2012 ADDITION All those tracts or parcels of land lying and being in Gwinnett County, Georgia, being all of the property described in ordinances of annexation approved by the Mayor and Council of the City of Duluth since June 3, 2003, up to and including January 31, 2012, which property is more particularly described in the ordinances of annexation approved by the Mayor and Council of the City of Duluth known as Annexation #0131-03, approved October 13, 2003, Annexation #0132-03, approved July 28, 2003, Annexation #0133-03, approved December 8, 2003, Annexation #0134-03, approved October 13, 2003, Annexation #0135-03, approved December 8, 2003, Annexation #0136-03, approved December 8, 2003, Annexation #0137-03, approved December 8, 2003, Annexation #0138-03, approved December 8, 2003, Annexation #0139-03, approved December 8, 2003, Annexation #0140-03, approved December 8, 2003, Annexation #0141-03, approved December 8, 2003, Annexation #0142-04, approved August 23, 2004, Annexation #0143-04, approved September 27, 2004, Annexation #0145-05, approved January 9, 2006, Annexation #0146-05, approved January 9, 2006, Annexation #0147-06, approved August 28, 2006, Annexation #014806, approved August 28, 2006, Annexation #0150-06, approved October 22, 2007, Annexation #0155-07, approved November 12, 2007, Annexation #0156-08V, approved January 26, 2009, Annexation #0157-08, approved April 27, 2009 and Annexation #2011-019, approved October 24, 2011, which ordinances of annexation are incorporated herein by reference. Also all that property lying and being in Land Lot 267 of the 6th Land District of Gwinnett County known as 3245 North Berkeley Lake Road, (tax parcel 6-267-050) and 3120 North Berkeley Lake Road (tax parcel 6-267-003A). 3288 JOURNAL OF THE SENATE The property described herein is intended to include and is hereby declared to include the following Gwinnett County Tax Parcels as shown on the Gwinnett County tax maps for the year 2011: 6236 22 6263 286 6265 429 6265 434 6265 439 6265 444 6265 449 6265 454 6265 458 6267 033 6267 073 7160 162 7199 230 7199 235 7199 240 7199 245 7199 250 7199 290 7199 295 7199 300 7199 305 7199 310 7199 316 7199 321 7199 326 7199 331 7199 336 7199 341 7199 346 7199 351 7199 356 7199 361 7199 366 7199 371 7199 376 7199 381 7199 387 7199 392 7199 397 7199 402 7199 407 7199 412 6261 05 6263 344 6265 430 6265 435 6265 440 6265 445 6265 450 6265 455 6265 458 6267 043 6268 023 7199 223 7199 231 7199 236 7199 241 7199 246 7199 251 7199 291 7199 296 7199 301 7199 306 7199 311 7199 317 7199 322 7199 327 7199 332 7199 337 7199 342 7199 347 7199 352 7199 357 7199 362 7199 367 7199 372 7199 377 7199 383 7199 388 7199 393 7199 398 7199 403 7199 408 7199 414 6261 06 6265 426 6265 431 6265 436 6265 441 6265 446 6265 451 6265 456 6267 019 6267 044 6268 026 7199 224 7199 232 7199 237 7199 242 7199 247 7199 252 7199 292 7199 297 7199 302 7199 307 7199 313 7199 318 7199 323 7199 328 7199 333 7199 338 7199 343 7199 348 7199 353 7199 358 7199 363 7199 368 7199 373 7199 378 7199 384 7199 389 7199 394 7199 399 7199 404 7199 409 7199 415 6261A080 6265 427 6265 432 6265 437 6265 442 6265 447 6265 452 6265 457 6267 020 6267 058 6268 029 7199 228 7199 233 7199 238 7199 243 7199 248 7199 253 7199 293 7199 298 7199 303 7199 308 7199 314 7199 319 7199 324 7199 329 7199 334 7199 339 7199 344 7199 349 7199 354 7199 359 7199 364 7199 369 7199 374 7199 379 7199 385 7199 390 7199 395 7199 400 7199 405 7199 410 7199 419 6263 284 6265 428 6265 433 6265 438 6265 443 6265 448 6265 453 6265 458 6267 021 6267 071 6268 039 7199 229 7199 234 7199 239 7199 244 7199 249 7199 289 7199 294 7199 299 7199 304 7199 309 7199 315 7199 320 7199 325 7199 330 7199 335 7199 340 7199 345 7199 350 7199 355 7199 360 7199 365 7199 370 7199 375 7199 380 7199 386 7199 391 7199 396 7199 401 7199 406 7199 411 7199 420 7199 421 7199 426 7199 431 7199 436 7199 441 7199 446 7199 451 7199 456 7199 461 7199 466 7199 471 7199 476 7199 481 7200 152 7200 157 7200 162 7200 167 7200 172 7200 177 7200 182 7200 187 7200 193 7200 198 7200 203 7200 208 7200 213 7200 218 7200 223 7200 228 7200 233 7200 238 7200 243 7200 248 7200 253 7200 258 7200 263 7200 269 7200 274 7200 382 7200 387 7200 392 7200 397 7200 402 7200 407 7200 414 7200 419 TUESDAY, MARCH 27, 2012 7199 422 7199 427 7199 432 7199 437 7199 442 7199 447 7199 452 7199 457 7199 462 7199 467 7199 472 7199 477 7200 002 7200 153 7200 158 7200 163 7200 168 7200 173 7200 178 7200 183 7200 188 7200 194 7200 199 7200 204 7200 209 7200 214 7200 219 7200 224 7200 229 7200 234 7200 239 7200 244 7200 249 7200 254 7200 259 7200 265 7200 270 7200 275 7200 383 7200 388 7200 393 7200 398 7200 403 7200 408 7200 415 7200 420 7199 423 7199 428 7199 433 7199 438 7199 443 7199 448 7199 453 7199 458 7199 463 7199 468 7199 473 7199 478 7200 003 7200 154 7200 159 7200 164 7200 169 7200 174 7200 179 7200 184 7200 188 7200 195 7200 200 7200 205 7200 210 7200 215 7200 220 7200 225 7200 230 7200 235 7200 240 7200 245 7200 250 7200 255 7200 260 7200 266 7200 271 7200 379 7200 384 7200 389 7200 394 7200 399 7200 404 7200 409 7200 416 7200 421 7199 424 7199 429 7199 434 7199 439 7199 444 7199 449 7199 454 7199 459 7199 464 7199 469 7199 474 7199 479 7200 150 7200 155 7200 160 7200 165 7200 170 7200 175 7200 180 7200 185 7200 190 7200 196 7200 201 7200 206 7200 211 7200 216 7200 221 7200 226 7200 231 7200 236 7200 241 7200 246 7200 251 7200 256 7200 261 7200 267 7200 272 7200 380 7200 385 7200 390 7200 395 7200 400 7200 405 7200 410 7200 417 7200 422 3289 7199 425 7199 430 7199 435 7199 440 7199 445 7199 450 7199 455 7199 460 7199 465 7199 470 7199 475 7199 480 7200 151 7200 156 7200 161 7200 166 7200 171 7200 176 7200 181 7200 186 7200 192 7200 197 7200 202 7200 207 7200 212 7200 217 7200 222 7200 227 7200 232 7200 237 7200 242 7200 247 7200 252 7200 257 7200 262 7200 268 7200 273 7200 381 7200 386 7200 391 7200 396 7200 401 7200 406 7200 412 7200 418 7200 423 3290 7200 424 7200 429 7200 434 7200 439 7200 444 7201 267 7201 272 7201 277 7201 282 7201 287 7201 292 7201 297 7201 302 7201 307 7201 312 7201 317 7201 322 7201 327 7201 332 7201 337 7201 342 7201 347 7201 352 7201 357 7201 362 7201 368 7201 373 7206 274 7206 283 7206 288 7206 293 7206 298 7206 303 7206 308 7206 313 7206 318 7206 323 7206 330 7206 335 7206 340 7206 345 7206 350 7206 355 7206 360 7206 365 7206 370 JOURNAL OF THE SENATE 7200 425 7200 430 7200 435 7200 440 7200 445 7201 268 7201 273 7201 278 7201 283 7201 288 7201 293 7201 298 7201 303 7201 308 7201 313 7201 318 7201 323 7201 328 7201 333 7201 338 7201 343 7201 348 7201 353 7201 358 7201 363 7201 369 7201 374 7206 275 7206 284 7206 289 7206 294 7206 299 7206 304 7206 309 7206 314 7206 319 7206 324 7206 331 7206 336 7206 341 7206 346 7206 351 7206 356 7206 361 7206 366 7206 371 7200 426 7200 431 7200 436 7200 441 7201 002 7201 269 7201 274 7201 279 7201 284 7201 289 7201 294 7201 299 7201 304 7201 309 7201 314 7201 319 7201 324 7201 329 7201 334 7201 339 7201 344 7201 349 7201 354 7201 359 7201 364 7201 370 7201 385 7206 280 7206 285 7206 290 7206 295 7206 300 7206 305 7206 310 7206 315 7206 320 7206 327 7206 332 7206 337 7206 342 7206 347 7206 352 7206 357 7206 362 7206 367 7206 372 7200 427 7200 432 7200 437 7200 442 7201 005 7201 270 7201 275 7201 280 7201 285 7201 290 7201 295 7201 300 7201 305 7201 310 7201 315 7201 320 7201 325 7201 330 7201 335 7201 340 7201 345 7201 350 7201 355 7201 360 7201 365 7201 371 7206 003 7206 281 7206 286 7206 291 7206 296 7206 301 7206 306 7206 311 7206 316 7206 321 7206 328 7206 333 7206 338 7206 343 7206 348 7206 353 7206 358 7206 363 7206 368 7206 373 7200 428 7200 433 7200 438 7200 443 7201 016B 7201 271 7201 276 7201 281 7201 286 7201 291 7201 296 7201 301 7201 306 7201 311 7201 316 7201 321 7201 326 7201 331 7201 336 7201 341 7201 346 7201 351 7201 356 7201 361 7201 367 7201 372 7206 006 7206 282 7206 287 7206 292 7206 297 7206 302 7206 307 7206 312 7206 317 7206 322 7206 329 7206 334 7206 339 7206 344 7206 349 7206 354 7206 359 7206 364 7206 369 7206 374 7206 375 7206 380 7206 385 7206 390 7206 395 7206 402 7206 407 7206 412 7206 417 7206 422 7206 427 7206 433 7206 439 7206 444 7207 005 7207 146 7207 151 7207 156 7207 161 7207 166 7207 171 7207 176 7207 181 7207 186 7207 191 7207 196 7207 201 7207 206 7207 211 7207 216 7207 221 7207 226 7207 231 7207 236 7207 242 7207 247 7207 252 7207 257 7207 262 7207 267 7207 272 7207 277 7207 282 7207 287 7207 291 7207 296 TUESDAY, MARCH 27, 2012 7206 376 7206 381 7206 386 7206 391 7206 398 7206 403 7206 408 7206 413 7206 418 7206 423 7206 428 7206 434 7206 440 7206 458 7207 012 7207 147 7207 152 7207 157 7207 162 7207 167 7207 172 7207 177 7207 182 7207 187 7207 192 7207 197 7207 202 7207 207 7207 212 7207 217 7207 222 7207 227 7207 232 7207 237 7207 243 7207 248 7207 253 7207 258 7207 263 7207 268 7207 273 7207 278 7207 283 7207 288 207 292 207 297 7206 377 7206 382 7206 387 7206 392 7206 399 7206 404 7206 409 7206 414 7206 419 7206 424 7206 429 7206 435 7206 441 7207 002 7207 016 7207 148 7207 153 7207 158 7207 163 7207 168 7207 173 7207 178 7207 183 7207 188 7207 193 7207 198 7207 203 7207 208 7207 213 7207 218 7207 223 7207 228 7207 233 7207 238 7207 244 7207 249 7207 254 7207 259 7207 264 7207 269 7207 274 7207 279 7207 284 6267 050 7207 293 7207 298 7206 378 7206 383 7206 388 7206 393 7206 400 7206 405 7206 410 7206 415 7206 420 7206 425 7206 430 7206 436 7206 442 7207 004 7207 094 7207 149 7207 154 7207 159 7207 164 7207 169 7207 174 7207 179 7207 184 7207 189 7207 194 7207 199 7207 204 7207 209 7207 214 7207 219 7207 224 7207 229 7207 234 7207 239 7207 245 7207 250 7207 255 7207 260 7207 265 7207 270 7207 275 7207 280 7207 285 7207 289 7207 294 7207 299 3291 7206 379 7206 384 7206 389 7206 394 7206 401 7206 406 7206 411 7206 416 7206 421 7206 426 7206 431 7206 438 7206 443 7207 004 7207 145 7207 150 7207 155 7207 160 7207 165 7207 170 7207 175 7207 180 7207 185 7207 190 7207 195 7207 200 7207 205 7207 210 7207 215 7207 220 7207 225 7207 230 7207 235 7207 241 7207 246 7207 251 7207 256 7207 261 7207 266 7207 271 7207 276 7207 281 7207 286 7207 290 7207 295 7207 300 3292 JOURNAL OF THE SENATE 7207 301 7207 306 7207 311 7207 316 7207 321 7207 326 7207 302 7207 307 7207 312 7207 317 7207 322 7207 327 7207 303 7207 308 7207 313 7207 318 7207 323 7207 328 7207 304 7207 309 7207 314 7207 319 7207 324 7207 333 7207 305 7207 310 7207 315 7207 320 7207 325 6267 003A The City limits shall also include all of the public roads and right of ways adjacent to the parcels set forth in this 2012 addition, including railroad right of ways lying adjacent to those parcels or adjacent to the public roadways adjacent to those parcels, unless said right of ways are specifically included within the boundaries of another City. The property described herein, being more specifically shown as a part of the City of Duluth on a map entitled Boundary Map of the Corporate Limits of City of Duluth, Georgia as of February 2012, which map is incorporated herein by reference and declared to be the official boundaries of the City of Duluth." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 41, nays 2, and the committee substitute was adopted. The substitute to the following bill was put upon its adoption: *HB 1236: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1236: A BILL TO BE ENTITLED AN ACT To amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; 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 Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 TUESDAY, MARCH 27, 2012 3293 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), is revised in Section 1.12 by adding a new subsection to read as follows: "(h)(1) In addition to all other territory included within the corporate limits of said city, the corporate limits shall specifically include the following described property, all of which is located in Gwinnett County, Georgia: Legal Description Tract 'A' All that tract or parcel of land laying and being in land lots 211 and 212 of the 6th Land District of Gwinnett County, Georgia, which tract is more particularly described as follows: Beginning at a point located at the intersection of the northerly right-of-way of Interstate 85 and the shared land lot line for Land Lots 211 and 212 of the 6th District of Gwinnett County, Georgia, said point being the POINT OF BEGINNING; proceed thence south easterly direction along the northerly right-ofway of Interstate 85 to the Existing City of Norcross, Georgia City Limits Line; thence leaving the northerly right-of-way of Interstate 85 proceed in a northerly direction along the Existing City of Norcross, Georgia City Limits Line to a point located on southerly right-of-way of Bolton Circle; thence proceed northwest along the southerly right-of-way of Bolton Circle and the Existing City of Norcross, Georgia City Limits Line to a point; thence proceed in southwesterly direction leaving the southerly right-of-way of Bolton Circle and along the Existing City of Norcross City Limits Line to a point; thence proceed in northwesterly direction along the Existing City of Norcross, Georgia City Limits Line to a point located on the southerly right-of-way of Beaver Ruin Road; thence east along the southerly right-of-way of Beaver Ruin Road to the westerly right-of-way of Bolton Circle; thence across and perpendicular to Beaver Ruin Road to a point located on the northerly right-of-way of Beaver Ruin Road; thence northeast, east and southeast along the northerly right-of-way of Beaver Ruin Road to the western corner of 1804 Beaver Ruin Road; thence leaving the northerly right-of-way of Beaver Ruin Road proceed in a northeasterly direction along the northwest boundary of 1804 Beaver Ruin Road to a point; thence southeast along the northeast boundary of 1804 Beaver Ruin Road to a point located on the northerly right-of-way of Interstate 85; thence southwest along the northerly right-of-way of Interstate 85 to the POINT OF BEGINNING. Legal Description Tract 'B' All that tract or parcel of land lying and being in Land Lot 212 of the 6th District, Gwinnett County, Georgia and being more particularly described as follows: Beginning at a point located at the intersection of the southerly Right of Way line of Beaver Ruin Road (Right of Way Varies) and the easterly Right of Way line of Indian Trail Road (Right of Way Varies); thence along the southerly Right of Way line of Beaver Ruin Road North 17 Degrees 40 Minutes 21 Seconds East, 60.08 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road South 72 Degrees 10 Minutes 10 Seconds East, 37.02 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road South 85 3294 JOURNAL OF THE SENATE Degrees 54 Minutes 57 Seconds East, 73.50 feet to a point; thence continue along the southerly Right of Way line of Beaver Ruin Road North 89 Degrees 40 Minutes 33 Seconds East, 64.69 feet to a point; thence leaving the southerly Right of Way line of Beaver Ruin Road South 15 Degrees 48 Minutes 14 Seconds East 236.96 feet to a point; thence South 74 Degrees 11 Minutes 46 Seconds West, 267.64 feet to a point on the easterly Right of Way line of Indian Trail Road; thence along the easterly Right of Way line of Indian Trail Road North 12 Degrees 49 Minutes 14 Seconds West, 82.78 feet to a point; thence continue along the easterly Right of Way line of Indian Trail Road North 04 Degrees 58 Minutes 19 Seconds West, 218.31 feet to The Point of Beginning containing 1.57 acres. (2) The portion of Interstate 85 and adjacent rights of way currently within the corporate limits of the City of Norcross, Georgia are hereby de-annexed from the existing corporate limits of the City of Norcross, Georgia." SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval; provided, however, that this Act shall be deemed effective as of December 31, 2012, for ad valorem tax purposes. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the yeas were 41, nays 2, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Crane Crosby Y Davenport Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Orrock Y Paris Ramsey Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C TUESDAY, MARCH 27, 2012 3295 Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Loudermilk Y McKoon E Millar Miller Mullis E Murphy Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 41, nays 2. The bills on the Local Consent Calendar, except HB 1204 and HB 1236, having received the requisite constitutional majority, were passed. HB 1204 and HB 1236, having received the requisite constitutional majority, were passed by substitute. Senator Bethel of the 54th moved to engross HB 899, which was on today's Senate Rules Calendar. Senator Henson of the 41st objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Loudermilk N McKoon E Millar Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 3296 JOURNAL OF THE SENATE On the motion, the yeas were 29, nays 17; the motion prevailed, and HB 899 was engrossed. Senator Bethel of the 54th moved to engross HB 397, which was on today's Senate Rules Calendar. Senator Henson of the 41st objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Loudermilk N McKoon E Millar Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 30, nays 18; the motion prevailed, and HB 397 was engrossed. Senator Bethel of the 54th moved to engross HB 347, which was on today's Senate Rules Calendar. Senator Henson of the 41st objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick E Harbison Y Heath N Orrock N Paris Ramsey TUESDAY, MARCH 27, 2012 3297 Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon E Millar Miller Y Mullis E Murphy Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate N Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 31, nays 17; the motion prevailed, and HB 347 was engrossed. Senator Stone of the 23rd moved to engross HB 923, which was on today's Senate Rules Calendar. Senator Davis of the 22nd objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon E Millar N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman 3298 JOURNAL OF THE SENATE Y Golden Y Gooch Y Grant Miller Y Mullis E Murphy Y Wilkinson Y Williams On the motion, the yeas were 31, nays 18; the motion prevailed, and HB 923 was engrossed. Senator Stone of the 23rd moved to engross HB 924, which was on today's Senate Rules Calendar. Senator Davis of the 22nd objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon E Millar Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 30, nays 16; the motion prevailed, and HB 924 was engrossed. Senator Heath of the 31st moved to engross HB 634, which was on today's Senate Rules Calendar. Senator Orrock of the 36th objected. On the motion a roll call was taken, and the vote was as follows: TUESDAY, MARCH 27, 2012 3299 Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon E Millar Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 33, nays 18; the motion prevailed, and HB 634 was engrossed. Senator Heath of the 31st moved to engross HB 846, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S 3300 JOURNAL OF THE SENATE N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon E Millar Y Miller Y Mullis E Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 33, nays 16; the motion prevailed, and HB 846 was engrossed. Senator Thompson of the 33rd recognized the month of September as Georgia History Month, commended by SR 1291, adopted today. Senator Heath of the 31st moved to engross HB 932, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 32, nays 16; the motion prevailed, and HB 932 was engrossed. TUESDAY, MARCH 27, 2012 3301 Senator Heath of the 31st moved to engross HB 1027, which was on today's Senate Rules Calendar. Senator Carter of the 42nd objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 32, nays 17; the motion prevailed, and HB 1027 was engrossed. Senator Heath of the 31st moved to engross HR 1150, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer 3302 JOURNAL OF THE SENATE N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Grant N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 33, nays 16; the motion prevailed, and HR 1150 was engrossed. Senator Heath of the 31st moved to engross HB 1071, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 27, 2012 3303 On the motion, the yeas were 34, nays 18; the motion prevailed, and HB 1071 was engrossed. Senator Heath of the 31st moved to engross HB 851, which was on today's Senate Rules Calendar. Senator Orrock of the 36th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34, nays 17; the motion prevailed, and HB 851 was engrossed. Senator Heath of the 31st moved to engross HB 318, which was on today's Senate Rules Calendar. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Hamrick E Harbison Y Heath Henson Y Hill, Jack N Orrock N Paris Ramsey Y Rogers N Seay 3304 JOURNAL OF THE SENATE Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34, nays 17; the motion prevailed, and HB 318 was engrossed. Senator Heath of the 31st moved to engross HB 965, which was on today's Senate Rules Calendar. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 27, 2012 3305 On the motion, the yeas were 33, nays 17; the motion prevailed, and HB 965 was engrossed. Senator Heath of the 31st moved to engross HB 1165, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B N Jackson, L N James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34, nays 15; the motion prevailed, and HB 1165 was engrossed. Senator Heath of the 31st moved to engross HB 896, which was on today's Senate Rules Calendar. Senator Fort of the 39th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick E Harbison Y Heath N Orrock N Paris Ramsey 3306 JOURNAL OF THE SENATE Y Bulloch N Butler Y Carter, B N Carter, J N Chance Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy Y Rogers N Seay Y Shafer N Sims Y Staton Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 33, nays 17; the motion prevailed, and HB 896 was engrossed. Senator Heath of the 31st moved to engross HB 334, which was on today's Senate Rules Calendar. Senator Tate of the 38th objected. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Hamrick E Harbison Y Heath N Henson Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman TUESDAY, MARCH 27, 2012 3307 Y Golden Y Gooch Y Grant Y Miller Y Mullis E Murphy Y Wilkinson Y Williams On the motion, the yeas were 34, nays 17; the motion prevailed, and HB 334 was engrossed. Senator Heath of the 31st moved to engross HB 808, which was on today's Senate Rules Calendar. On the motion a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis E Murphy N Orrock N Paris Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 32, nays 15; the motion prevailed, and HB 808 was engrossed. Senator Heath of the 31st moved to engross HB 818, which was on today's Senate Rules Calendar. Senator Davenport of the 44th objected. On the motion a roll call was taken, and the vote was as follows: 3308 JOURNAL OF THE SENATE Y Albers Y Balfour Y Bethel Bulloch N Butler Y Carter, B N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Jackson, L N James Y Jeffares Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Paris Ramsey Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 34, nays 13; the motion prevailed, and HB 818 was engrossed. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. SENATE CONVENES AT 10:00 A.M. SENATE RULES CALENDAR TUESDAY, MARCH 27, 2012 THIRTY-NINTH LEGISLATIVE DAY HB 743 Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend (Substitute) (FIN-56th) Rice-51st HB 100 Georgia Tax Court; create (Substitute) (JUDY-46th) Peake-137th HB 198 Superior court clerks; real estate or personal property filing fees; extend sunset dates (Substitute) (JUDY-13th) Rice-51st HB 247 Community Health, Department of; fingerprint and investigate emergency medical services personnel; require (Substitute) (H&HS-53rd) Neal-1st HB 318 HB 332 HB 334 HB 347 HB 397 HB 456 HB 463 HB 534 HB 634 HB 665 HB 707 HB 744 HB 786 HB 808 TUESDAY, MARCH 27, 2012 3309 Sales and use tax exemptions; donated food for hunger relief; extend (Substitute) (FIN-8th) Stephens-164th Universal Access Fund; eliminate unnecessary regulation; revise provisions (Substitute) (RI&U-48th) Parsons-42nd Sales and use tax exemptions; food and beverages to food bank; extend (Substitute) (FIN-21st) Stephens-164th Applicant examination; Commissioner not exempt self from written exams; provide (Substitute) (I&L-54th) Hembree-67th State government; open meetings and records; revise provisions (Substitute) (JUDY-54th) Powell-171st Georgia Government Accountability Act; enact (Substitute) (APPROP-32nd) Byrd-20th Limited licenses; insurance coverage on self-service storage; provide (I&L-54th) Dollar-45th Eligibility requirements; probate court clerks; modify provisions (JUDY-13th) Fullerton-151st Ad valorem tax; population brackets and census; change provisions (Substitute) (FIN-48th) Sheldon-105th Clerk of superior court offices; modernize provisions (Substitute) (JUDY-54th) Maddox-127th Elections; valid student identification card with photograph to vote; provide (ETHICS-21st) Morgan-39th Uniform Partition of Heirs Property Act; enact (JUDY-30th) Lindsey-54th Consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide (I&L-48th) Hembree-67th Taxation; exclusion to certain income of certain disabled veterans; provide (FIN-56th) Yates-73rd 3310 HB 818 HB 822 HB 827 HB 846 HB 851 HB 861 HB 896 HB 899 HB 923 HB 924 HB 929 HB 930 HB 965 HB 971 JOURNAL OF THE SENATE Income tax credit; certain commercial geothermal heat pumps; include (Substitute) (FIN-20th) Parsons-42nd Georgia Taxpayer Protection False Claims Act; enact (Substitute) (H&HS-3rd) Lindsey-54th Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions (PUB SAF-25th) Hembree-67th Revenue, Department of; various administrative and procedural requirements; change (FIN-16th) Knight-126th Taxation of intangibles; rates charged by collecting officers; change certain requirements (Substitute) (FIN-56th) Rice-51st Law enforcement officers; report drug related arrests to Department of Human Services; require (Substitute) (H&HS-56th) Harden-28th Sales tax; distribution for educational purposes; change certain provisions (Substitute) (FIN-37th) Coleman-97th Primaries and elections; dates of nonpartisan elections; provide (Substitute) (RULES-54th) Brockway-101st Richmond County; City of Augusta; change description of commissioner districts (Substitute) (R&R-23rd) Howard-121st Richmond County; school board; change description of districts (Substitute) (R&R-23rd) Howard-121st Judicial circuits; assistant district attorney for certain populations; repeal office (SLGO(G)-20th) O`Neal-146th Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance (SLGO(G)-20th) O`Neal-146th Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes (Substitute) (FIN-16th) Knight-126th Workers' compensation; awards and benefits; change certain provisions (Substitute) (I&L-54th) Hembree-67th TUESDAY, MARCH 27, 2012 3311 HB 972 HB 987 HB 990 HB 1024 HB 1026 HB 1027 HB 1049 HB 1071 HB 1089 HB 1093 HB 1114 HB 1117 HB 1165 Georgia Pain Management Clinic Act; enact (Substitute) (H&HS-1st) Weldon-3rd Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide (RET-54th) Riley-50th Municipal corporations; control over parks and fire stations; change certain provisions (SLGO(G)-56th) Jones-46th Budget commission; certain counties; population and census application; revise and change (Substitute) (SLGO(G)-49th) Rice-51st Municipalities; law enforcement contracts; population brackets and census; change provisions (SLGO(G)-45th) Sheldon-105th Revenue and taxation; tax credit for film or video production in Georgia; change certain provisions (Substitute) (FIN-21st) Stephens-164th Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions (Substitute) (RI&U-47th) Willard-49th Excise tax; certain tobacco products; change certain provisions (Substitute) (FIN-37th) Houston-170th Local government; zoning proposal review procedures; repeal section and reserve (SLGO(G)-32nd) Carson-43rd Crimes and offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions (JUDY-30th) Braddock-19th Homicide; offering to assist in commission of suicide; repeal certain provisions (Substitute) (JUDY-3rd) Setzler-35th Local government; approval of bonded debt by election; population brackets and the census; change certain provisions (SLGO(G)-9th) Clark-104th Taxation; unreturned property; eliminate population provisions; provide penalties (Substitute) (FIN-48th) Clark-98th 3312 JOURNAL OF THE SENATE HR 1150 HR 1177 HB 1176 HB 928 HB 337 HB 351 HB 541 HB 684 HB 745 HB 746 HB 766 HB 875 HB 932 Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts - CA (Substitute) (FIN-37th) Coleman-97th Veterans Memorial Highway; Oglethorpe County; dedicate (Substitute) (TRANS-53rd) Williams-113th 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions (30th) Golick-34th Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide (RET-54th) Riley-50th Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions (RET-54th) Greene-149th Probate Courts Retirement Fund of Georgia; probate court fines and fees; provide (RET-54th) Maxwell-17th Obstruction of public administration; threaten or intimidate officer or official; provide for offense (Substitute) (JUDY-18th) Epps-140th Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize (Substitute) (NR&E-14th) Buckner-130th Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require (Substitute) (H&HS-17th) Welch-110th Commissioner of Agriculture; final decision and reconsideration; clarify timing (AG&CA-47th) Maddox-127th Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions (GvtO-31st) Benton-31st Natural Resources, Department of; privacy of certain records and personal information; provide (NR&E-11th) Knight-126th Taxation; nonresident subcontractor withholding payments; change required percentage (FIN-22nd) Williams-4th TUESDAY, MARCH 27, 2012 3313 HB 945 Banks and trust companies; issuance of non-cash valued shares with approval; provide (B&FI-27th) Teasley-38th HB 997 Crimes and offenses; new crime of false lien statements against public officers; provide (JUDY-56th) Pak-102nd HB 1048 Civil practice; who may serve process; change provisions (JUDY-54th) Willard-49th HB 1066 Alcoholic beverages; licenses; change certain provisions (RI&U-48th) Williams-4th HB 1067 Portable electronics insurance; issuance and regulation of limited licenses to sell; provide for comprehensive revision of provisions (Substitute) (I&L-54th) Rogers-26th HB 1069 Pharmacists and pharmacies; revise definition of security paper (Substitute) (H&HS-1st) Weldon-3rd HB 1102 Georgia hazardous site reuse and redevelopment; 30 day grace period for buyers of qualifying property to seek limitation of liability; provide (Substitute) (NR&E-20th) Smith-70th HB 1110 Health; penalties relative to owning or operating of unlicensed personal care homes; revise provisions (H&HS-45th) Cooper-41st HB 1178 Education, Department of; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require (APPROP-54th) Dickson-6th HR 1151 Joint Human Trafficking Study Commission; create (Substitute) (H&HS-45th) Brockway-101st HR 1376 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize (Substitute) (SI&P-25th) Greene-149th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee The following legislation was read the third time and put upon its passage: 3314 JOURNAL OF THE SENATE HB 743. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. 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 9, 2012 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 743 (LC 34 3220) Dear Chairman Channell: The Carl Vinson Institute of Government at the University of Georgia provided the following narrative on the revenue impact of this bill: This legislation extends through June 30, 2015 the current exemption from the motor fuel tax imposed on sales of motor fuel for public mass transit vehicles which are TUESDAY, MARCH 27, 2012 3315 owned by certain public transportation systems and for vehicles operated by certain public campus transportation systems. Under current law, the exemption expires on June 30, 2012. The estimate of the annual revenue impact of the exemption from the Georgia Motor Use Fuel Tax (MUFT) as described in the legislation was derived by using as a starting point 2010 calendar year fuel consumption data for directly operated revenue vehicles as reported to the Federal Transit Administration by the transit systems affected by the legislation. Data for 2010 were the latest available. Fuel consumption for purchased transit by these systems was excluded since the exemption applies only to fuel for use in owned vehicles. The MUFT rates were obtained from the Georgia Department of Revenue. Under current law, an excise tax of 7 cents per gallon and prepaid state sales tax rates for diesel, gasoline and compressed natural gas are applied to the retail sales of fuel for use on public roads. The prepaid state sales tax rates shown below by fuel type are the applicable rates beginning January 2012 obtained from the Georgia Department of Revenue. The 2010 fuel use shown below by fuel type was obtained from the National Transit Database administered by the Federal Transit Administration. 2010 Reported Fuel Use Diesel Gasoline CNG TOTAL Total gallons by fuel type 5,490,035 464,081 6,661,000 12,615,116 Prepaid sales tax rate per gallon 0.143 0.121 0.120 Prepaid sales tax $785,075 $56,154 $799,320 $1,640,549 Excise tax ($0.075 per gallon) $411,753 $34,806 $499,575 $946,134 Data Sources: Georgia Department of Revenue; National Transit Database, Federal Transit Administration The total estimated revenue impact for the three-year period beginning FY2012 through FY2015 is shown below. The estimate assumes a 6.0% increase in FY2013 over the level of transit operations shown above for 2010 and a 6.0% increase in both FY2014 and FY2015 from a combination of greater consumption and increased per gallon costs. The estimate also assumes that the retail cost of fuel will remain stable or that the prepaid state sales tax rate will be maintained at the current level in the event that energy costs rise sharply. Fuel price increases greater than 25% during any six-month period can trigger automatic increases in the prepaid state sales tax rates. The U.S. Energy Information Administration (EIA) does not anticipate increases in fuel costs greater than 25% during any six-month period in FY2013 through FY2015. The EIA currently forecasts a small decrease in motor fuel costs in 2013 and modest increases in the 3 to 4 percent range for 2014 and 2015. The following Table 1 shows the legislation's estimated state revenue impact for the three-year period beginning FY2013 through FY2015: 3316 JOURNAL OF THE SENATE Table 1: State Revenue Impact FY2013 FY2014 FY2015 Total -$2,741,883 -$2,906,396 -$3,080,780 -$8,729,059 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 743: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, so as to change certain provisions regarding certain exemptions; 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 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, is amended by revising subparagraphs (b)(10)(A) and (b)(10)(B) as follows: "(10)(A) During the period of July 1, 2010 2012, through June 30, 2012 2015, 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, 2010 2012, through June 30, 2012 2015, 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 TUESDAY, MARCH 27, 2012 3317 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 2. Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from state sales and use taxes, is amended by revising subparagraph (C) of paragraph (33.1), by deleting "or" at the end of paragraph (90), by deleting the period and adding "; or" at the end of paragraph (91), and by adding a new paragraph to read as follows: "(C) The sale or use of jet fuel to or by a qualifying airline at a qualifying airport shall be exempt at all times from the sales or use tax levied and imposed as authorized pursuant to Part 1 of Article 3 of this chapter. As used in this subparagraph, the term 'qualifying airport' means any airport in this state that has had more than 750,000 takeoffs and landings during a calendar year, and the term 'qualifying airline' shall have the same meaning as set forth in subparagraph (E) of this paragraph." "(92) Sales to and use by common carriers holding authority in interstate and foreign commerce under the authority granted by the United States government of materials, containers, labels, sacks, or bags used for packaging tangible personal property for shipment or sale. To qualify for the exemption provided for in this paragraph, the items shall be used solely for packaging and shall not be purchased for reuse." SECTION 3. This Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Balfour of the 9th offered the following amendment #1: Amend the Senate committee substitute to HB 743 (LC 34 3515S) by deleting lines 38 through 42 and inserting in lieu thereof the following: "(92) The sale, use, consumption, or storage of 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. The packaging exemption shall not include materials purchased at a retail establishment for consumer use." On the adoption of the amendment, there were no objections, and the Balfour amendment #1 to the committee substitute was adopted. 3318 JOURNAL OF THE SENATE Senators Seay of the 34th and Davenport of the 44th offered the following amendment #2: Amend the Senate committee substitute to HB 743 (LC 34 3515S) by adding "and applicability" after "effective date" on line 6. By adding at the end of line 44 the following: The definitions of qualifying airport and qualifying airlines in subparagraph (C) of paragraph (33.1) of Code Section 48-8-3 in Section 2 of this Act shall only be applicable to local sales and uses taxes approved after July 1, 2012. On the adoption of the amendment, the President asked unanimous consent. Senator Heath of the 31st objected. On the adoption of the amendment, the yeas were 24, nays 13, and the Seay, Davenport 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis E Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams TUESDAY, MARCH 27, 2012 3319 On the passage of the bill, the yeas were 43, nays 9. HB 743, having received the requisite constitutional majority, was passed by substitute. The following House legislation was read the first time and referred to committee: HB 998. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th: 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, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. HB 999. By Representatives Stephens of the 164th, Watson of the 163rd and Purcell of the 159th: 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 change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. Referred to the State and Local Governmental Operations Committee. The Calendar was resumed. HB 100. By Representatives Peake of the 137th, Williams of the 4th, Lindsey of the 54th, Knight of the 126th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Titles 15, 9, 48, and 50 of the Official Code of Georgia Annotated, relating, respectively, to courts, civil practice, revenue and taxation, and state government, so as to create the Georgia Tax Court as a pilot project of limited duration under Article VI, Section I, Paragraph X of the Georgia Constitution; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Cowsert of the 46th. 3320 JOURNAL OF THE SENATE The Senate Judiciary Committee offered the following substitute to HB 100: 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 create the Georgia Tax Tribunal as an independent and autonomous division within the Office of State Administrative Hearings operating under the sole direction of a chief tribunal judge; to repeal provisions relating to the Department of Revenue holding hearings when demanded by aggrieved taxpayers; to correct cross-references; to provide for a short title; to provide for legislative findings; to provide for the appointment, terms of office, designation, and removal of judges; to provide for the qualification, oath of office, and prohibition against other employment of judges; to provide for the principal office, locations, and facilities of the tax tribunal; to provide for the appointment of staff and expenditures of the tax tribunal; to provide for the jurisdiction of the tax tribunal; to provide for the commencement of cases, pleadings, and service of pleadings; to provide a stay of enforcement and collection action; to provide for filing and other fees; to provide procedures for hearings and decisions of the tax tribunal; to establish and provide the jurisdiction and procedures for a small claims division of the tax tribunal; to provide for appeals from tax tribunal decisions; to provide for representation in the tax tribunal; to provide for service; to authorize the tax tribunal to promulgate rules of practice and procedure and forms; to provide for powers, duties, and authority of the tax tribunal and the small claims division; to provide for procedures, conditions, and limitations; to provide for related matters; to provide for effective dates; to provide for dual applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising subsection (c) of Code Section 48-2-18, relating to State Board of Equalization, as follows: "(c) As chairman chairperson and chief administrative officer of the board, the commissioner shall furnish to the board all necessary records and files and in this capacity may compel the attendance of witnesses and the production of books and records or other documents as he the commissioner is empowered to do in the administration of the tax laws. After final approval by the State Board of Equalization of the digest of proposed assessments made by the commissioner and after any adjustments by the board as authorized by this Code section are made, the commissioner shall notify within 30 days each taxpayer in writing of the proposed assessment of its property. At the same time, the commissioner shall notify in writing the board of tax assessors of such county, as outlined in Code Section 48-5-511, of the TUESDAY, MARCH 27, 2012 3321 total proposed assessment of the property located within the county of taxpayers who are required to return their property to the commission commissioner. If any such taxpayer notifies the commissioner and the board of tax assessors in any such county of its intent to dispute a portion of the proposed assessment within 20 days after receipt of the notice, the county board of tax assessors shall include in the county digest only the undisputed amount of the assessment, and the taxpayer may challenge the commissioner's proposed assessment in an appeal filed in the Superior Court of Fulton County or with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 within 30 days of receipt of the notice. In any such appeal to the superior court, the taxpayer shall have the right of discovery as provided in Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' In any such appeal to the Georgia Tax Tribunal, discovery shall be as provided in Chapter 13A of Title 50, the 'Georgia Tax Tribunal Act of 2012.' Upon conclusion of the appeal, the taxpayer shall remit to the appropriate counties any additional taxes owed, with interest at the rate provided by law for judgments. Such interest shall accrue from the date the taxes would have been due absent the appeal to the date the additional taxes are remitted." SECTION 2. Said title is further amended by revising paragraph (4) of subsection (c) of Code Section 48-2-35, relating to refunds, as follows: "(4) Any taxpayer whose claim for refund is denied by the commissioner or the commissioner's delegate or whose claim is not decided by the commissioner or the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or in the superior court of the county of the residence of the taxpayer, except that: (A) If the taxpayer is a public utility or a nonresident, the taxpayer shall have the right to bring an action for a refund in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or in the superior court of the county in which is located the taxpayer's principal place of doing business in this state or in which the taxpayer's chief or highest corporate officer or employee resident in this state maintains an office; or (B) If the taxpayer is a nonresident individual or foreign corporation having no place of doing business and no officer or employee resident and maintaining an office in this state, the taxpayer shall have the right to bring an action for a refund in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or in the Superior Court of Fulton County or in the superior court of the county in which the commissioner in office at the time the action is filed resides." SECTION 3. Said title is further amended by revising paragraph (3) of subsection (c) of Code Section 48-2-36, relating to actions for which the commissioner may grant extensions of time, as follows: 3322 JOURNAL OF THE SENATE "(3) Filing a petition with the superior court, the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50, or the office of state administrative hearings as allowed under the laws of this state;" SECTION 4. Said title is further amended by revising subsection (a) of Code Section 48-2-50, relating to review of assessments, as follows: "(a) The commissioner's assessments shall not be reviewed except by the procedure provided in this chapter or Chapter 13A of Title 50. No trial court shall have jurisdiction of proceedings to question the assessments, except as provided in this chapter or Chapter 13A of Title 50." SECTION 5. Said title is further amended by revising Code Section 48-2-59, relating to appeals, payment of taxes admittedly owed, bonds, and costs, as follows: "48-2-59. (a) Except with respect to claims for refunds, either party may appeal from any order, ruling, or finding of the commissioner to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court of the county of the residence of the taxpayer, except that: (1) If the taxpayer is a public utility or nonresident, the appeal of either party shall be to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court of the county in which is located the taxpayer's principal place of doing business or in which the taxpayer's chief or highest corporate officer residing in this state maintains his such officer's office; or (2) If the taxpayer is a nonresident individual or a foreign corporation having no place of doing business and no officer or employee residing and maintaining his such officer's office in this state, the taxpayer shall have the right to appeal to the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the Superior Court of Fulton County or to the superior court of the county in which the commissioner in office at the time the action is filed resides. (b) The appeal and necessary records shall be certified by the commissioner and shall be filed with the clerk of taxpayer shall commence an appeal by filing a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 or the superior court within 30 days from the date of decision by the commissioner. The procedure provided by law for applying for and granting appeals from the probate court to the superior court shall apply as far as suitable to the appeal authorized by this Code section, except that the appeal authorized by this Code section may be filed within 30 days from the date of decision by the commissioner. (c) Before the superior court shall have jurisdiction to entertain an appeal filed by any aggrieved taxpayer, the taxpayer shall file with the clerk of the superior court a written statement whereby the taxpayer agrees to pay on the date or dates the taxes become due all taxes for which the taxpayer has admitted liability. Additionally, the taxpayer shall TUESDAY, MARCH 27, 2012 3323 file with the clerk of the superior court within 30 days from the date of decision by the commissioner, except where when the value of the appellant's title or interest in real property owned in this state is in excess of the amount of the tax in dispute, a surety bond or other security in an amount satisfactory to the clerk, conditioned to pay any tax over and above that for which the taxpayer has admitted liability and which is found to be due by a final judgment of the court, together with interest and costs. It shall be ground for dismissal of the appeal if the taxpayer fails to pay all taxes admittedly owed upon the due date or dates as provided by law. This subsection shall not apply to appeals filed with the Georgia Tax Tribunal as provided in Chapter 13A of Title 50. (d)(1) If the final judgment of the court places upon the taxpayer any tax liability which has not already been paid and if the tax or any part of the tax has: (A) Not become due on the date of the final judgment of the court, then the taxpayer shall pay the amount of the unpaid tax liability on the due date or dates as provided by law; or (B) Already become due at the time of final judgment of the court, the taxpayer shall immediately pay the tax or as much of the tax as has already become due, with interest. (2) In the event the final judgment of the court is adverse to the taxpayer, he the taxpayer shall pay the court costs regardless of whether the tax or any part of the tax has or has not become due at the time of the final judgment of the court. (3) This subsection shall not apply to appeals filed with the Georgia Tax Tribunal as provided in Chapter 13A of Title 50." SECTION 6. Said title is further amended by revising Code Section 48-3-1, relating to tax executions, as follows: "48-3-1. The commissioner may issue an execution for the collection of any tax, fee, license, penalty, interest, or collection costs due the state. The execution shall be directed to all and singular sheriffs of this state or to the commissioner or his the commissioner's authorized representatives and shall command them to levy upon the goods, chattels, lands, and tenements of the taxpayer, provided that the commissioner may transmit such executions electronically. Each sheriff shall execute the execution as in cases of writs of execution from the superior courts. Whenever any writ of execution has been issued by the commissioner, the taxpayer, in order to obtain a determination of whether the tax is legally due, may tender to the levying officer his such taxpayer's affidavit of illegality to the execution and, upon his such taxpayer's payment of the tax if required as a condition precedent by the law levying the tax or upon his such taxpayer's giving a good and solvent bond in such an amount to cover the total of any adverse judgment plus costs where when the law does not require the payment of the tax as a condition precedent, the levying officer shall return the affidavit of illegality, except as otherwise provided by law, to the superior court of the county of the taxpayer's residence. The affidavit of illegality shall be summarily heard and determined by the court. Whenever 3324 JOURNAL OF THE SENATE any writ of execution has been issued by the commissioner for the collection of any tax, or any penalty, interest, or collection costs imposed with respect to any tax, the taxpayer may file a petition in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 to obtain a determination of whether any such amounts are legally due." SECTION 7. Said title is further amended by revising subsection (b) of Code Section 48-5-519, relating to property tax returns filed by railroad equipment companies, as follows: "(b) The returns shall be made to the commissioner by the chief executive officer in charge of the cars in this state. The final assessment of the property of railroad equipment companies shall be fixed in the same manner as the proposed assessments of property of public utilities under this article and Code Section 48-2-18, except that with respect to railroad equipment companies, such assessment shall be final rather than proposed. By following the procedure set forth in subsection (c) of Code Section 48-218 for appeals of proposed assessments of public utility property, any Any railroad equipment company may bring in the Superior Court of Fulton County or in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50 a de novo action of the final assessment so fixed." SECTION 8. Said title is further amended by revising subsection (b) of Code Section 48-6-7, relating to refunds of real estate transfer taxes, as follows: "(b)(1) A taxpayer whose claim for a refund is denied by the commissioner or his the commissioner's delegate or with respect to whose claim no decision is rendered by the commissioner or his the commissioner's delegate within one year from the date of filing the claim shall have the right to bring an action for a refund in the superior court of the county where the disputed tax was originally collected or in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50. The taxpayer shall bring the action for refund against the clerk of superior court of the county which collected the disputed tax. The commissioner in his the commissioner's official capacity shall be made a party defendant to the action in order that the interests of the state may be represented in the action. The Attorney General shall represent both defendants in the action. If it is determined in the action that an amount claimed by the taxpayer was erroneously or illegally collected, the taxpayer shall be entitled to judgment against the defendant clerk of the superior court in his the clerk's official capacity for the amount erroneously or illegally collected, without interest to the date of judgment. (2) No action for refund shall be brought after the expiration of 60 days from the date of denial of the taxpayer's claim for refund by the commissioner. (3) For the purposes of this Code section, a failure by the commissioner to grant or deny the taxpayer's claim for refund within the one-year period shall constitute a constructive denial of the claim." TUESDAY, MARCH 27, 2012 3325 SECTION 9. Said title is further amended by revising paragraph (1) of subsection (e) of Code Section 48-6-76, relating to refunds of intangible recording taxes, as follows: "(e)(1) Any taxpayer whose claim for refund is denied entirely or in part by the commissioner or with respect to whose claim no decision is rendered by the commissioner within 30 days from the date of filing the claim shall have the right to bring an action for refund of the amount so claimed and not approved against the collecting officer or said officer's successor who collected the amount, in said officer's official capacity, in the superior court of the county whose official collected the amount or in the Georgia Tax Tribunal in accordance with Chapter 13A of Title 50." SECTION 10. Said title is further amended by revising subparagraph (d)(2)(C) of Code Section 48-7-31, relating to allocation and apportionment of corporate income, as follows: "(C) If the allocation and apportionment provisions provided for in this paragraph do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition the commissioner for, or the commissioner may by regulation require, with respect to all or any part of the taxpayer's business activity, if reasonable: (i) Separate accounting; (ii) The exclusion of any one or more of the factors; (iii) The inclusion of one or more additional factors that will fairly represent the taxpayer's business activity within this state; or (iv) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. The denial of a petition under this subparagraph shall be appealable pursuant to either Code Section 48-2-59 or 50-13-12. Such an appeal shall be filed within 30 days of the date of the commissioner's notice of denial;" SECTION 11. Said title is further amended by revising subsection (b) of Code Section 48-7-165, relating to hearing procedure and adjustments of incorrect debts, as follows: "(b) The hearing established by subsection (a) of this Code section shall be in lieu of a hearing before the department pursuant to Code Section 50-13-12; and the department shall not grant a hearing to determine the validity of the debt or the propriety of the setoff." SECTION 12. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by repealing Code Section 50-13-12, relating to Department of Revenue hearings for aggrieved taxpayers and election of remedies, and designating said Code section as reserved. 3326 JOURNAL OF THE SENATE SECTION 13. Said title is further amended by revising subsection (c) of Code Section 50-13-13, relating to hearings in contested cases, as follows: "(c) Except in cases in which a hearing has been demanded under Code Section 50-1312, subsection Subsection (a) of this Code section and the other provisions of this chapter concerning contested cases shall not apply to any case arising in the administration of the revenue laws, which case is subject to a subsequent de novo trial of the law and the facts in the superior court or in the Georgia Tax Tribunal in accordance with Chapter 13A of this title." SECTION 14. Said title is further amended by adding a new subsection to Code Section 50-13-42, relating to applicability, to read as follows: "(c) This article shall not apply with respect to any matter as to which an aggrieved party is permitted to file a petition with the Georgia Tax Tribunal in accordance with Chapter 13A of this title." SECTION 15. Said title is further amended by adding a new chapter to read as follows: "CHAPTER 13A 50-13A-1. This chapter shall be known and may be cited as the 'Georgia Tax Tribunal Act of 2012.' 50-13A-2. The General Assembly finds that there is a need for an independent specialized agency separate and apart from the Department of Revenue to resolve disputes between the department and taxpayers in an efficient and cost-effective manner. Such an agency would: (1) Improve the utilization of judicial resources by resolving tax cases in a more streamlined and efficient manner; (2) Increase the uniformity of decision making in tax cases; (3) Improve the equal access of all parties to court process; and (4) Increase public confidence in the fairness of the state tax system. 50-13A-3. Except where the context may otherwise clearly require, all terms used in this chapter shall have the meaning given such term by Code Section 48-1-2. As used in this chapter, the term 'tribunal' means the Georgia Tax Tribunal established by Code Section 50-13A-4 which shall be an independent and autonomous division within the Office of State Administrative Hearings operating under the sole direction of the chief tribunal judge. TUESDAY, MARCH 27, 2012 3327 50-13A-4. (a) There is created within the executive branch of government the Georgia Tax Tribunal. The tribunal shall be assigned for administrative purposes only, as provided in Code Section 50-4-3, to the Department of Administrative Services and shall be funded through appropriations by the General Assembly to the Department of Administrative Services. (b) The tribunal shall have a seal engraved with the words 'Georgia Tax Tribunal.' The tribunal shall authenticate all of its orders, records, and proceedings with the seal, and the courts of this state shall take judicial notice of the seal. 50-13A-5. (a) The tribunal shall consist of at least one full-time administrative law judge. If the tribunal has more than one judge, each shall exercise the powers of the tribunal in all matters, causes, or proceedings assigned to him or her. (b) Initial tribunal judges shall be appointed by the Governor. If, initially, the tribunal has only one judge, that individual shall be appointed for a term of four years and shall be the chief tribunal judge; provided, however, that if, initially, the tribunal has more than one judge, then one judge shall be appointed for an initial term of four years and one judge shall be appointed as chief tribunal judge for an initial term of six years to ensure that the judges' initial terms do not expire in the same year. Once appointed, each initial tribunal judge shall continue in office until his or her term expires and a successor has been appointed and confirmed. Initial tribunal judges may be reappointed for successive terms, provided that each successive term shall be for four years. (c) After initial appointments are made pursuant to subsection (b) of this Code section, all appointments and reappointments of the chief tribunal judge and other tribunal judges shall be made by the Governor, with the consent of the Senate, for terms of four years. Once appointed and confirmed, each such tribunal judge shall continue in office until his or her term expires and a successor has been appointed and confirmed. A tribunal judge may be reappointed for successive terms. (d) Each tribunal judge shall receive an annual salary no less than that of the chief administrative law judge of the Office of State Administrative Hearings; provided, however, that the tribunal judge's total salary shall not be reduced during such judge's term of appointment. (e) A vacancy in the tribunal occurring other than by expiration of term shall be filled for the unexpired term in the same manner as an original appointment. (f) The executive of the tribunal shall be the chief tribunal judge who shall have sole charge of the administration of the tribunal, including, but not limited to, the preparation of a budget and matters involving employment and expenditures as set forth in Code Section 50-13A-8, and shall apportion among the judges all causes, matters, and proceedings coming before the tribunal. (g) With the consent of the Senate, the Governor may remove a tribunal judge, after notice and an opportunity to be heard, for neglect of duty, inability to perform duties, 3328 JOURNAL OF THE SENATE malfeasance in office, or other good cause. (h) Whenever the tribunal trial docket or business becomes congested or any tribunal judge is absent, is disqualified, or for any other reason is unable to perform his or her duties as tribunal judge, and it appears to the Governor that the services of an additional tribunal judge or judges should be provided, the Governor may, without obtaining the approval of the Senate, appoint a judge, or judges, pro tempore of the tribunal. Any person appointed judge pro tempore of the tribunal shall have the qualifications set forth in subsections (a) and (b) of Code Section 50-13A-6 and shall serve for a period not to exceed 12 months. (i) A tribunal judge may disqualify himself or herself on his or her own motion in any matter and may be disqualified for any cause listed in Code Section 15-1-8. 50-13A-6. (a) Each judge of the tribunal shall be a citizen of the United States and, during the period of service, a resident of this state. No person shall be appointed as a tribunal judge unless at the time of appointment the individual is an attorney licensed to practice in this state and has practiced primarily in the area of tax law for at least eight years. (b) Before entering upon the duties of office, each tribunal judge shall take and subscribe to an oath or affirmation that he or she shall faithfully discharge the duties of the office, and such oath shall be filed in the office of the Secretary of State. (c) Each tribunal judge shall devote his or her full time during business hours to the duties of the tribunal. A tribunal judge shall not engage in any other gainful employment or business that interferes with or is inconsistent with his or her duties as a judge and shall not hold another office or position of profit in a government of this state, any other state, or the United States. (d) If a tribunal judge does not have a full docket of tax cases, the chief tribunal judge may, acting in his or her sole discretion, petition the chief administrative law judge of the Office of State Administrative Hearings to allow such tribunal judge to hear and resolve nontax cases pending before the Office of State Administrative Hearings. The chief tribunal judge, the chief administrative law judge of the Office of State Administrative Hearings, and the tribunal judge in question shall mutually agree upon the number and types of such cases, taking into account the particular judge's background and qualifications. 50-13A-7. (a) The tribunal's principal location shall be located in Fulton County, Georgia, and in a building that is separate and apart from any building in which the commissioner has an office. (b) The tribunal may, but shall not be required to, conduct hearings at its principal location in Fulton County. The tribunal may also hold hearings at any place within this state, with a view toward securing to taxpayers a reasonable opportunity to appear before the tribunal with as little inconvenience and expense as practicable. When the tribunal holds hearings outside of its principal location, it shall do so in a place that is physically separate from facilities regularly occupied by the commissioner. TUESDAY, MARCH 27, 2012 3329 50-13A-8. (a) The chief tribunal judge shall appoint a clerk of the tribunal, a court reporter, and such other employees, including staff attorneys and clerical assistants, and make such other expenditures, including expenditures for library, publications, and equipment, as are reasonably necessary to permit the tribunal to execute its functions efficiently; provided, however, that the chief tribunal judge shall endeavor to utilize staff employed by the Office of State Administrative Hearings and shall consult with the chief state administrative law judge so as to best utilize staff positions to best serve both the tribunal and the Office of State Administrative Hearings. (b) A tribunal court reporter shall be subject to the provisions of Code Sections 15-1420 through 15-14-36 as if appointed by a judge of a superior court, except when such provisions are in conflict with this chapter. (c) No employee of the tribunal shall act as attorney, representative, or accountant for others in a matter involving any tax imposed or levied by this state or county or municipality of this state. (d) In addition to contracting the services of the tribunal court reporter, the chief tribunal judge may contract the reporting of tribunal proceedings and, in the contract, fix the terms and conditions under which transcripts shall be supplied by the contractor to the tribunal and to other persons and agencies. 50-13A-9. (a) On and after January 1, 2013, any person may petition the tribunal for relief as set forth in Code Sections 48-2-18, 48-2-35, 48-2-59, 48-3-1, 48-5-519, 48-6-7, and 48-676 and subparagraph (d)(2)(C) of Code Section 48-7-31. The tribunal shall have jurisdiction over actions for declaratory judgment that fall within subsection (a) of Code Section 50-13-10 and involve a rule of the commissioner that is applicable to taxes administered by the commissioner under Title 48. (b) The tribunal shall have concurrent jurisdiction with the superior courts over those matters set forth in subsection (a) of this Code section. (c) The tribunal shall not have jurisdiction to hear any matter arising under Title 3 or Title 40. (d) No person shall be required as a condition either to initiating or maintaining an action before the tribunal to provide a surety bond or other security for any amounts that may be in dispute in such action. Nothing contained in this chapter shall be construed to prohibit the commissioner from requiring a bond under those circumstances set forth in Code Section 48-2-51. 50-13A-10. (a) Actions may be commenced before the tribunal on and after January 1, 2013. Actions before the tribunal shall be commenced by filing a petition with the tribunal, naming the commissioner as respondent in his or her official capacity, within the time periods prescribed by Code Section 48-2-18, 48-2-35, 48-2-59, 48-6-7, or 48-6-76 or subparagraph (d)(2)(C) of Code Section 48-7-31, as the case may be, or as otherwise 3330 JOURNAL OF THE SENATE provided by law. The petitioner shall serve a copy of the petition on the commissioner and the Attorney General and attach a certificate of service to the petition filed with the tribunal. In the case of a refund action pursuant to Code Section 48-6-7 or 48-6-76, the petition also shall be served on the clerk of the superior court or collecting officer who is made a party to the action. Service shall be accomplished by certified mail or statutory overnight delivery. The petition shall include a summary statement of facts and law upon which the petitioner relies in seeking the requested relief. (b) The commissioner and any other respondents shall file a response to petitioner's statement of facts and law which constitutes his or her answer with the tribunal no later than 30 days after the service of the petition. The commissioner and any other respondents shall serve a copy of their response on the petitioner's representative or, if the petitioner is not represented, on the petitioner, and shall file a certificate of such service with the response. If in any case a response has not been filed within the time required by this subsection, the case shall automatically become in default unless the time for filing the response has been extended by agreement of the parties, for a period not to exceed 30 days, or by the judge of the tribunal. The default may be opened as a matter of right by the filing of a response within 15 days of the day of default and payment of costs. At any time before final judgment, the judge of the tribunal, in his or her discretion, may allow the default to be opened for providential cause that prevented the filing of the response or for excusable neglect or when the tribunal judge, from all the facts, determines that a proper case has been made for the default to be opened on terms to be fixed by the tribunal judge. (c) Pleadings and proceedings before the tribunal shall be subject to the amendment and supplementation provisions of Code Section 9-11-15. (d) Code Section 50-13A-18 shall apply to service of pleadings and documents. (e) As soon as reasonably practicable, the tribunal judge shall schedule a prehearing conference to address discovery, scheduling, and other matters. (f) The tribunal judge may remand a matter in dispute to the commissioner for further consideration upon motion by all parties to the proceeding, for good cause shown on the motion of any party, or sua sponte when the tribunal judge reasonably determines that circumstances warrant. Any such remand shall not divest the tribunal of jurisdiction, and the tribunal judge's order shall provide that any party, upon appropriate advance notice to all other parties, shall be entitled to have such matter returned to the tribunal for resolution. (g) Contested cases pending before the Office of State Administrative Hearings on and before December 31, 2012, and cases when the taxpayer made a written demand for a hearing pursuant to Code Section 50-13-12 before January 1, 2013, shall not be transferred to the tribunal. If, on and after January 1, 2013, a written petition for relief or a demand for hearing is filed with the commissioner or by the affected party directly with the Office of State Administrative Hearings in a matter falling within the tribunal's jurisdiction under subsection (a) of Code Section 50-13A-9, such matter shall be transferred to the tribunal, and the remaining provisions of this chapter shall be applicable. TUESDAY, MARCH 27, 2012 3331 50-13A-11. (a) Except as provided for in Code Section 48-2-51, involving jeopardy assessments, the filing of a petition with the tribunal shall operate as a stay of any enforcement or collection action by the commissioner with respect to any tax, penalty, interest, or any collection costs that are disputed in the petition until the tribunal decision is finalized, including appeals to the superior court pursuant to Code Section 50-13A-17 or to any appellate court. (b) Upon petition by the commissioner, and for good cause shown, the tribunal judge may lift the stay provided for in subsection (a) of this Code section. 50-13A-12. (a) Upon filing a petition, the petitioner shall pay to the clerk of the tribunal a fee as determined by the rules established by the tribunal. (b) A similar fee shall be paid by other parties making an appearance in the proceeding, except that no fee shall be charged to a government body or government official appearing in a representative capacity. (c) The chief tribunal judge may fix a fee, not in excess of the fees charged and collected by the clerks of the superior courts of this state, for compiling, or for preparing and compiling, a transcript of the record, or for copying any record, entry, or other paper and the compilation and certification thereof. 50-13A-13. (a) The provisions of Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' governing discovery and depositions shall apply to proceedings before the tribunal; provided, however, that the parties to a proceeding shall make every effort to conduct discovery by informal consultation or communication. Upon motion of a party, the frequency or extent of formal discovery methods may be limited by the tribunal if it determines that the discovery is unduly burdensome or expensive when taking into account the amount in controversy, limitations on the parties' resources, and the importance of the issues at stake in the litigation. (b) The chief tribunal judge shall, by rules and regulations or by order in a particular proceeding, prescribe the period during which any discovery shall be commenced and completed. After the period for completing discovery has expired, or earlier as the parties may agree, the parties to a proceeding shall stipulate all relevant and nonprivileged matters to the fullest extent to which complete or qualified agreement can be reached or fairly should be reached. Neither the existence nor the use of the discovery mechanisms authorized by this Code section shall excuse failure to comply with this provision. (c)(1) A party shall disclose to other parties at a reasonable time prior to the hearing the identity of any person who may be called at trial to present expert testimony. (2) Except as otherwise stipulated or directed by the tribunal judge, expert witness disclosure shall, with respect to a witness who is retained or specially employed to provide expert testimony in the case or whose duties as an employee of the party 3332 JOURNAL OF THE SENATE regularly involve giving expert testimony, be accompanied by a written report prepared and signed by the witness if one has been prepared or will be offered at the hearing. (d) A judge or the clerk of the tribunal, on the request of any party to the proceeding, shall issue subpoenas requiring the attendance of witnesses and giving of testimony and subpoenas requiring the production of evidence or things. (e) Any employee of the tribunal designated in writing for such purpose by a tribunal judge, or by the chief tribunal judge if more than one judge has been appointed, may administer oaths. (f) Any witness who is subpoenaed or whose deposition is taken shall receive the same fees and mileage as a witness in a superior court of this state. (g) In proceedings before the tribunal, if any party or an agent or employee of a party disobeys or resists any lawful order of process; neglects to produce, after having been ordered to do so, any pertinent book, paper, or document; refuses to appear after having been subpoenaed; upon appearing, refuses to take the oath or affirmation as a witness; or, after taking the oath or affirmation, refuses to testify, the tribunal judge shall have the same rights and powers given any other court under Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' If any person or party refuses as specified in this subsection, the tribunal judge may certify the facts to the superior court of the county where the offense is committed for appropriate action, including a finding of contempt. 50-13A-14. (a) Trials in proceedings before the tribunal shall be de novo and without a jury. Hearings shall be open to the public, but on motion of any party, if such party shows good cause to protect certain information from being disclosed to the public, the tribunal judge may issue a protective order or an order closing part or all of a hearing to the public. (b) The tribunal shall take evidence, and the tribunal judges shall conduct hearings and issue final judgments and interlocutory orders. (c) The tribunal judges shall apply the rules of evidence as applied in the trial of civil nonjury cases in the superior courts; provided, however, that for hearings conducted in the small claims division, the tribunal judge may, when necessary to ascertain facts not reasonably susceptible of proof under such rules, consider evidence not otherwise admissible thereunder if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. (d) Testimony before a tribunal judge shall be given only on oath or affirmation. (e) The petition and other pleadings in the proceeding shall be deemed to conform to the proof presented at the hearing, unless a party satisfies the tribunal judge that presentation of the evidence would unfairly prejudice the party in maintaining its position on the merits or unless deeming the taxpayer's petition to conform to the proof would confer jurisdiction on the tribunal over a matter that would not otherwise come within the tribunal's jurisdiction. (f) Except for hearings conducted in the small claims division of the tribunal as TUESDAY, MARCH 27, 2012 3333 provided in Code Section 50-13A-16, all hearings before the tribunal shall be recorded by means acceptable for use in courts of this state. 50-13A-15. (a) Except with regard to proceedings in the small claims division of the tribunal pursuant to Code Section 50-13A-16, the tribunal judge shall render all final judgments and interlocutory orders in writing, as appropriate, including therein a concise statement of the facts found and the conclusions of law reached. The tribunal judge's final judgment or interlocutory order shall, subject to law, grant such relief, invoke such remedies, and issue such orders as the tribunal judge deems appropriate to carry out its final judgment or interlocutory order. (b) The chief tribunal judge shall adopt rules and regulations to address confidentiality of taxpayer information and proceedings before the tribunal. (c) The tribunal judges shall adhere to the principle of stare decisis. The tribunal judge's interpretation of a tax statute subject to contest in one case shall be followed by the tribunal in subsequent cases involving the same statute, and its application of a statute to the facts of one case shall be followed by tribunal judges in subsequent cases involving similar facts, unless the tribunal judge's interpretation or application conflicts with that of an appellate court or the tribunal judge provides satisfactory reasons for departing from prior precedent. (d) Except as to a final judgment of the small claims division, all other final judgments of the tribunal shall be indexed and published in such print or electronic form as the chief tribunal judge deems best adapted for public convenience. Such publications shall be made permanently available and constitute the official reports of the tribunal. 50-13A-16. (a) There is hereby established a small claims division of the tribunal. (b) Judges of the tribunal shall sit as the judges of the small claims division. (c) Within 90 days of filing a petition pursuant to the Code Section 50-13A-9, a taxpayer may elect to have the small claims division have jurisdiction over any proceeding with respect to which the amount of tax and penalties in controversy, exclusive of interest, is less than a threshold amount determined by the rules of the tribunal. A taxpayer may not revoke such election to proceed in the small claims division after this 90 day period. For good cause, the tribunal judge may, on his or her own motion or on the motion of a party to the case, remove a case from the small claims division. (d) In proceedings before the small claims division of the tribunal, accountants and other tax return preparers designated by the taxpayer shall be permitted to accompany and appear with the taxpayer in order to provide factual information regarding positions taken on tax returns of the taxpayer. An accountant or tax return preparer accompanying and appearing with a taxpayer for this purpose shall not be deemed to be acting as an advocate of the taxpayer or representing the taxpayer before the tribunal. (e) At any time prior to entry of judgment, a taxpayer may dismiss a proceeding in the small claims division by notifying the clerk of the tribunal in writing. Such dismissal 3334 JOURNAL OF THE SENATE shall be without prejudice. (f) Hearings in the small claims division shall be conducted in a manner consistent with proceedings before magistrate courts, as specified in Article 3 of Chapter 10 of Title 15. The tribunal judge may receive such evidence as the judge deems appropriate for determination of the case. Testimony shall be given under oath or affirmation. (g) A judgment of the small claims division shall be conclusive upon all parties and may not be appealed. A judgment of the small claims division shall not be considered or cited as precedent in any other case, hearing, or proceeding. 50-13A-17. (a) As used in this Code section, the term 'reviewing court' means the Superior Court of Fulton County. (b) Any party may appeal a final judgment of the tribunal, except for judgments of the small claims division, to the reviewing court. Proceedings for judicial review shall be instituted by filing a petition with the reviewing court within 30 days after the service of the tribunal's final judgment or, if a rehearing is requested, within 30 days after the decision thereon. Copies of the petition for judicial review shall be served upon the tribunal and all parties of record. The petition shall state the nature of the petitioner's interest, the fact showing that the petitioner is aggrieved by the judgment, and the grounds as specified in subsection (g) of this Code section upon which the petitioner contends that the judgment should be reversed or modified. The petition for judicial review may be amended by leave of the reviewing court. (c) Notwithstanding any provisions of law or tribunal rule with respect to motions for rehearing or reconsideration after a final tribunal judgment or interlocutory order, the filing of such a motion shall not be a prerequisite to the filing of any action for judicial review or relief; provided, however, that no objection to any order or judgment of the tribunal shall be considered by the reviewing court upon petition for review unless such objection has been heard by the tribunal. (d) Within 30 days after the service of the petition for judicial review or within further time allowed by the reviewing court, the tribunal shall transmit to the reviewing court the original or a certified copy of the entire record of the proceeding under review. By stipulation of all parties to the review proceedings, the record may be shortened. A party unreasonably refusing to stipulate to limit the record may be taxed by the reviewing court for the additional costs. The reviewing court may require or permit subsequent corrections or additions to the record. (e) If, before the date set for hearing in the reviewing court, application is made to the reviewing court for leave to present additional evidence and it is shown to the satisfaction of the reviewing court that the additional evidence is material and there were good reasons for failure to present it in the proceedings before the tribunal, the reviewing court may order that the additional evidence be taken before the tribunal upon conditions determined by the reviewing court. A tribunal judge may modify his or her findings and judgment by reason of the additional evidence and shall file that evidence and any modifications, new findings, or judgments with the reviewing court. TUESDAY, MARCH 27, 2012 3335 (f) The hearing or a petition for judicial review shall be conducted by the reviewing court without a jury and shall be confined to the record. In cases of alleged irregularities in procedure before the tribunal not shown in the record, proof thereon may be taken in the reviewing court. The reviewing court, upon request, shall hear oral argument and receive written briefs. The reviewing court shall affirm, reverse, or modify the tribunal's judgment or remand the case for further proceedings within 90 days of the filing of the last such written brief. (g) The reviewing court shall not substitute its judgment for that of the tribunal's as to the weight of the evidence on questions of fact. The reviewing court may affirm the tribunal's judgment or remand the case for further proceedings. The reviewing court may reverse or modify the judgment if substantial rights of the petitioner have been prejudiced because the tribunal judge's findings, inferences, conclusions, or judgments are: (1) In violation of constitutional or statutory provisions; (2) In excess of the statutory authority of the tribunal; (3) Made upon unlawful procedure; (4) Affected by other error of law; (5) Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion. (h) An aggrieved party may seek a review of any final judgment of the reviewing court by the Court of Appeals or the Supreme Court, as provided by law. 50-13A-18. (a) An initial petition shall be served by certified mail or statutory overnight delivery and any other pleading, motion, response, statement, or document permitted or required to be served shall be served by first-class mail or hand delivery. (b) Any pleading, motion, response, statement, or document required by law, rule, or regulation to be received by or filed with the tribunal pursuant to the requirements of this chapter shall be deemed to be received by or filed with the tribunal on the earlier of: (1) The date such pleading, motion, response, statement, or document is actually received by the tribunal; (2) The official postmark date such pleading, motion, response, statement, or document was mailed, properly addressed with postage prepaid, by registered or certified mail; or (3) The date on which such pleading, motion, response, statement, or document was delivered to a commercial delivery company for statutory overnight delivery as provided in Code Section 9-10-12 as evidenced by the receipt provided by the commercial delivery company. (c) Mailing or delivery to the address of the taxpayer given on the taxpayer's petition or to the address of the taxpayer's representative of record, if any, or to the usual place of 3336 JOURNAL OF THE SENATE business of the commissioner, and, when applicable, of the clerk of superior court or collecting official who is made a party to the action shall constitute personal service on such party. The chief tribunal judge may by rule prescribe that notice by other means shall constitute personal service and may in a particular case order that notice be given to additional persons or order that notice be given by other means. 50-13A-19. The tribunal shall adopt rules of practice and procedure and adopt all reasonable rules and forms as may be necessary or appropriate to carry out the intent and purposes of this chapter. 50-13A-20. (a) For purposes of the language contained in the Code sections referenced in subsection (b) of this Code section, the term 'agency' shall include the tribunal. (b) Only the following provisions of Article 1 of Chapter 13 of this title shall apply to the tribunal and its administration: (1) Code Section 50-13-3, except for paragraph (4) of subsection (a); (2) Code Section 50-13-4, except for paragraphs (3) and (4) of subsection (a) and subsections (b), (g), (h), and (i); (3) Code Section 50-13-6, except for paragraph (2) of subsection (c); (4) Code Section 50-13-7; (5) Code Section 50-13-8; and (6) Code Section 50-13-10." SECTION 16. (a) Except as provided in subsection (b) of this section, this section, Section 15, and Section 17 of this Act shall become effective on July 1, 2012, and shall be applicable to all proceedings commenced on or after January 1, 2013. (b) Sections 1 through 14 of this Act shall become effective on January 1, 2013, provided that cases pending on January 1, 2013, shall continue to be governed by the law in effect on December 31, 2012, until the conclusion of the case. SECTION 17. 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 Albers Y Balfour Y Bethel Y Hamrick E Harbison Y Heath Orrock Paris E Ramsey TUESDAY, MARCH 27, 2012 3337 Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 45, nays 0. Y Rogers Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams HB 100, 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 Loudermilk of the 52nd The following bill was taken up to consider the Conference Committee Report thereto: HB 742. By Representatives Ralston of the 7th, Jones of the 46th, O`Neal of the 146th and England of the 108th: A BILL to make and provide appropriations for the State Fiscal year beginning July 1, 2012, and ending June 30, 2013. The Conference Committee Report was as follows: The Committee of Conference on HB 742 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 742 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Hill of the 4th /s/ Senator Goggans of the 7th /s/ Senator Golden of the 8th /s/ Representative England of the 108th /s/ Representative O`Neal of the 146th /s/ Representative Jones of the 46th 3338 JOURNAL OF THE SENATE CONFERENCE COMMITTEE SUBSTITUTE A BILL TO BE ENTITLED AN ACT To make and provide appropriations for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013; to make and provide such appropriations for the operation of the State government and its departments, boards, bureaus, commissions, institutions, and other agencies, for the university system, common schools, counties, municipalities, and political subdivisions, 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: PART I That the sums of money hereinafter provided are appropriated for the State Fiscal Year beginning July 1, 2012, and ending June 30, 2013, as prescribed hereinafter for such fiscal year: Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds Child Care and Development Block Grant Community Mental Health Services Block Grant Community Service Block Grant Federal Highway Administration Highway Planning and Construction Foster Care Title IV-E Low-Income Home Energy Assistance Maternal and Child Health Services Block Grant Medical Assistance Program Prevention and Treatment of Substance Abuse Block Grant Preventive Health and Health Services Block Grant Social Services Block Grant State Children's Insurance Program TANF Block Grant - Unobligated Balance Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Federal Recovery Funds ARRA - State Grants to Promote Health Information Technology Electricity Delivery and Energy Reliability, Research, Development and $39,485,808,984 $11,205,612,353 $2,508,661 $224,062,050 $14,141,291 $17,282,159 $1,143,641,430 $77,146,122 $24,827,737 $20,031,465 $5,509,993,434 $51,480,893 $2,226,545 $88,926,795 $273,383,425 $9,551,600 $346,977,739 $3,399,431,007 $81,072,500 $8,525,193 $241,475 TUESDAY, MARCH 27, 2012 3339 Analysis Medical Assistance Program (ARRA) Federal Funds Not Specifically Identified Other Funds Agency Funds 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 and 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 Health Insurance Payments Medicaid Services Payments - Other Agencies Other Intra-State Government Payments Retirement Payments Self Insurance Trust Fund Payments $13,704,454 $58,601,378 $5,304,283,377 $2,839,158,084 $139,386,524 $298,299,605 $17,694,497 $435,771 $2,009,308,896 $19,342,059,819 $2,396,580 $235,302,027 $904,439,791 $969,649,334 $157,444,961 $16,927,186,361 $145,640,765 $3,552,780,935 $3,008,837,150 $289,357,262 $46,099,647 $46,751,671 $161,735,205 Section 1: Georgia Senate Total Funds State Funds State General Funds $10,374,470 $10,374,470 $10,374,470 1.1. Lieutenant Governor's Office Total Funds $1,212,241 State Funds $1,212,241 State General Funds $1,212,241 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds 3340 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for operations. Amount appropriated in this Act $1,187,278 $16,827 $32,290 ($75) ($1,652) $302 ($22,729) $1,212,241 $1,187,278 $16,827 $32,290 ($75) ($1,652) $302 ($22,729) $1,212,241 1.2. Secretary of the Senate's Office Total Funds $1,114,623 State Funds $1,114,623 State General Funds $1,114,623 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,080,389 $1,080,389 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $12,090 $12,090 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $23,200 $23,200 Reflect an adjustment in the workers' compensation premium. ($55) ($55) Reflect an adjustment in unemployment insurance premiums. ($1,202) ($1,202) Increase funds for general liability premiums. $201 $201 Amount appropriated in this Act $1,114,623 $1,114,623 1.3. Senate Total Funds $7,048,447 State Funds $7,048,447 State General Funds $7,048,447 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds TUESDAY, MARCH 27, 2012 3341 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Transfer funds from the Senate program to the Senate Budget and Evaluation Office program. Reduce funds for operations. Amount appropriated in this Act $7,073,613 $78,765 $44,901 ($370) ($8,112) $2,768 ($35,000) ($108,118) $7,048,447 $7,073,613 $78,765 $44,901 ($370) ($8,112) $2,768 ($35,000) ($108,118) $7,048,447 1.4. Senate Budget and Evaluation Office Purpose: The purpose off this appropriation is to provide budget development and evaluation expertise to the State Senate. Total Funds $999,159 State Funds $999,159 State General Funds $999,159 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $925,086 $925,086 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $13,838 $13,838 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $26,554 $26,554 Reflect an adjustment in the workers' compensation premium. ($69) ($69) Reflect an adjustment in unemployment insurance premiums. ($1,502) ($1,502) Increase funds for general liability premiums. $252 $252 Transfer funds from the Senate program to the Senate Budget and Evaluation Office program. $35,000 $35,000 Amount appropriated in this Act $999,159 $999,159 3342 JOURNAL OF THE SENATE Section 2: Georgia House of Representatives Total Funds State Funds State General Funds $18,631,809 $18,631,809 $18,631,809 2.1. House of Representatives Total Funds $18,631,809 State Funds $18,631,809 State General Funds $18,631,809 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $18,540,176 $18,540,176 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $194,089 $194,089 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $170,807 $170,807 Reflect an adjustment in the workers' compensation premium. ($651) ($651) Reflect an adjustment in unemployment insurance premiums. ($14,271) ($14,271) Increase funds for general liability premiums. $6,920 $6,920 Reduce funds for operating expenses. ($265,261) ($265,261) Amount appropriated in this Act $18,631,809 $18,631,809 Section 3: Georgia General Assembly Joint Offices Total Funds State Funds State General Funds $10,036,991 $10,036,991 $10,036,991 3.1. Ancillary Activities Purpose: The purpose of this appropriation is to provide services for the legislative branch of government. Total Funds $4,807,892 State Funds $4,807,892 State General Funds $4,807,892 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3343 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for operating expenses. Amount appropriated in this Act State Funds $4,903,201 $27,126 $36,685 $7,056 ($123) ($2,704) $453 ($15,104) ($148,698) $4,807,892 Total Funds $4,903,201 $27,126 $36,685 $7,056 ($123) ($2,704) $453 ($15,104) ($148,698) $4,807,892 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 $2,290,157 State Funds $2,290,157 State General Funds $2,290,157 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,244,125 $2,244,125 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $18,313 $18,313 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $24,766 $24,766 Reflect an adjustment in the workers' compensation premium. ($89) ($89) Reflect an adjustment in unemployment insurance premiums. ($1,953) ($1,953) Increase funds for general liability premiums. $327 $327 Increase funds to reflect an adjustment in PeopleSoft billings. $4,668 $4,668 3344 JOURNAL OF THE SENATE Amount appropriated in this Act $2,290,157 $2,290,157 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 $2,938,942 State Funds $2,938,942 State General Funds $2,938,942 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,846,707 $2,846,707 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $40,724 $40,724 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $55,073 $55,073 Reflect an adjustment in the workers' compensation premium. ($185) ($185) Reflect an adjustment in unemployment insurance premiums. ($4,056) ($4,056) Increase funds for general liability premiums. $679 $679 Amount appropriated in this Act $2,938,942 $2,938,942 Section 4: Audits and Accounts, Department of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $30,788,933 $105,910 $105,910 $30,450,223 $30,450,223 $232,800 $232,800 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 TUESDAY, MARCH 27, 2012 3345 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 $26,821,520 Other Funds $105,910 Other Funds - Not Specifically Identified $105,910 State Funds $26,482,810 State General Funds $26,482,810 Intra-State Government Transfers $232,800 Other Intra-State Government Payments $232,800 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $25,605,609 $26,725,799 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $368,884 $368,884 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $529,757 $529,757 Reflect an adjustment in telecommunications expenses. ($29,757) ($29,757) Reflect an adjustment in the workers' compensation premium. ($16,791) ($16,791) Reflect an adjustment in unemployment insurance premiums. $18,300 $18,300 Increase funds for general liability premiums. $21,681 $21,681 Increase funds to reflect an adjustment in PeopleSoft billings. $2,599 $2,599 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($17,472) ($17,472) Reduce other funds. $0 ($781,480) Amount appropriated in this Act $26,482,810 $26,821,520 4.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all Department programs. Total Funds $1,639,202 State Funds $1,639,202 State General Funds $1,639,202 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3346 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act State Funds $1,587,057 $20,910 $30,246 $755 $822 $116 ($704) $1,639,202 Total Funds $1,587,057 $20,910 $30,246 $755 $822 $116 ($704) $1,639,202 4.3. Immigration Enforcement Review Board Purpose: The purpose of this appropriation is to reimburse members of the Immigration Enforcement Review Board for expenses incurred in connection with the investigation and review of complaints alleging failure of public agencies or employees to properly adhere to federal and state laws related to the federal work authorization program E-Verify. Total Funds $20,000 State Funds $20,000 State General Funds $20,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Provide operating funds for the Immigration Enforcement Review Board. $20,000 $20,000 Amount appropriated in this Act $20,000 $20,000 4.4. 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 $247,561 State Funds $247,561 State General Funds $247,561 TUESDAY, MARCH 27, 2012 3347 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $242,758 $242,758 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $1,973 $1,973 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $2,830 $2,830 Reflect an adjustment in the workers' compensation premium. $0 $0 Reflect an adjustment in unemployment insurance premiums. $0 $0 Amount appropriated in this Act $247,561 $247,561 4.5. 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 $2,060,650 State Funds $2,060,650 State General Funds $2,060,650 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,991,482 $1,991,482 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $29,199 $29,199 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $40,926 $40,926 Reflect an adjustment in the workers' compensation premium. ($1,320) ($1,320) Reflect an adjustment in unemployment insurance premiums. $1,439 $1,439 Increase funds to reflect an adjustment in PeopleSoft billings. $204 $204 3348 JOURNAL OF THE SENATE Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act ($1,280) $2,060,650 ($1,280) $2,060,650 Section 5: Appeals, Court of Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $14,256,000 $150,000 $150,000 $14,106,000 $14,106,000 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 $14,256,000 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $14,106,000 State General Funds $14,106,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $13,357,490 $13,507,490 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $233,423 $233,423 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $340,018 $340,018 Reflect an adjustment in telecommunications expenses. $1,258 $1,258 Reflect an adjustment in the workers' compensation premium. ($4,659) ($4,659) Reflect an adjustment in unemployment insurance premiums. $7,845 $7,845 Increase funds for general liability premiums. $5,592 $5,592 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($6,142) ($6,142) Fund one vacant staff attorney position. $161,925 $161,925 Eliminate one-time funds for the appellate e-filing initiative. ($102,750) ($102,750) TUESDAY, MARCH 27, 2012 3349 Increase funds for replacement of six-year-old computers. Increase funds to purchase ongoing hardware and software maintenance for the e-filing initiative. Increase one-time funds to purchase software to automate receipt of trial court records, to support the e-filing initiative. Convert to the PeopleSoft statewide accounting system, effective January 1, 2013. (CC:YES) Amount appropriated in this Act $34,000 $12,000 $66,000 $34,000 $12,000 $66,000 $0 $0 $14,106,000 $14,256,000 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 $16,121,794 $2,552,935 $2,552,935 $1,144,998 $876,093 $268,905 $12,423,861 $12,423,861 6.1. Accountability Courts Purpose: The purpose of this appropriation is to support adult felony drug courts, DUI courts, juvenile drug courts, family dependency treatment courts, and mental health courts, as well as the Judicial Council Accountability Court Committee. No state funds shall be provided to any accountability court where such court is delinquent in the required reporting and remittance of all fines and fees collected by such court. Total Funds $431,821 State Funds $431,821 State General Funds $431,821 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,263,559 $2,263,559 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $1,944 $1,944 Transfer funding for accountability court grants to the Criminal Justice Coordinating Council to support new and existing statewide accountability courts. ($2,263,559) ($2,263,559) 3350 JOURNAL OF THE SENATE Provide funding for a program director and two project management staff dedicated to the implementation of the statewide Accountability Courts program. Provide operating funds and partial annual conference costs to support the statewide Accountability Courts program. Amount appropriated in this Act $251,285 $178,592 $431,821 $251,285 $178,592 $431,821 6.2. 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 $172,890 Other Funds $172,890 Agency Funds $172,890 6.3. 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 $1,164,992 Other Funds $703,203 Agency Funds $703,203 State Funds $461,789 State General Funds $461,789 6.4. Judicial Council Purpose: The purpose of this appropriation is to support the Administrative Office of the Courts; to support accountability courts and the Judicial Council Accountability Court Committee; 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, and the Children and Family Courts division; and to support the Committee on Justice for Children. Total Funds $13,039,876 Federal Funds and Grants $2,552,935 Federal Funds Not Specifically Identified $2,552,935 TUESDAY, MARCH 27, 2012 3351 Other Funds $268,905 Other Funds - Not Specifically Identified $268,905 State Funds $10,218,036 State General Funds $10,218,036 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $9,768,489 $12,590,329 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $77,328 $77,328 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $428,916 $428,916 Reflect an adjustment in telecommunications expenses. ($94,576) ($94,576) Reflect an adjustment in the workers' compensation premium. $2,415 $2,415 Reflect an adjustment in unemployment insurance premiums. ($74,527) ($74,527) Increase funds for general liability premiums. $8,145 $8,145 Increase funds to reflect an adjustment in PeopleSoft billings. $6,086 $6,086 Increase funding to provide for two contract interpreters for the remote interpreter pilot program. $45,760 $45,760 Provide funding for the Family Law Information Center pilot project. $50,000 $50,000 Amount appropriated in this Act $10,218,036 $13,039,876 6.5. 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 Judicial Conduct; and investigate allegations of unethical campaign practices. Total Funds $512,215 State Funds $512,215 State General Funds $512,215 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $409,240 $409,240 3352 JOURNAL OF THE SENATE Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funding to provide for an investigative staff attorney due to the increased number of complaints processed. Amount appropriated in this Act $2,975 $100,000 $512,215 $2,975 $100,000 $512,215 6.6. 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 $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 (HB78) $565,500 $565,500 Increase funds to offset the elimination of funding from the Georgia Bar Foundation. $234,500 $234,500 Amount appropriated in this Act $800,000 $800,000 Section 7: Juvenile Courts Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $7,221,917 $447,456 $447,456 $6,774,461 $6,774,461 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 $1,917,522 Federal Funds and Grants $447,456 Federal Funds Not Specifically Identified $447,456 State Funds $1,470,066 State General Funds $1,470,066 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3353 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Amount appropriated in this Act State Funds $1,413,955 $27,851 $28,036 $224 $1,470,066 Total Funds $1,861,411 $27,851 $28,036 $224 $1,917,522 7.2. Grants to Counties for Juvenile Court Judges Purpose: The purpose of this appropriation is to provide state funds to circuits to pay juvenile court judges' salaries. Total Funds $5,304,395 State Funds $5,304,395 State General Funds $5,304,395 Section 8: Prosecuting Attorneys Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $61,876,838 $1,802,127 $1,802,127 $60,074,711 $60,074,711 8.1. 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 the training of superior court clerks. Total Funds $187,455 State Funds $187,455 State General Funds $187,455 8.2. 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 OCGA 15-18. Total Funds $54,684,092 Other Funds $1,802,127 3354 JOURNAL OF THE SENATE Other Funds - Not Specifically Identified $1,802,127 State Funds $52,881,965 State General Funds $52,881,965 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $51,702,616 $53,504,743 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $803,677 $803,677 Increase funds for deferred promotions approved in FY 2009 and withheld due to budget shortfall. (CC:YES) $271,150 $271,150 Increase funds for six additional Assistant District Attorneys associated with the creation of new judgeships for the BellForsyth, Piedmont, Middle, Oconee, Western and Clayton Circuits. (CC:Provide for two additional Assistant District Attorney positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013.) $104,522 $104,522 Amount appropriated in this Act $52,881,965 $54,684,092 8.3. Prosecuting Attorney's Council Purpose: The purpose of this appropriation is to assist Georgia's District Attorneys and State Court Solicitors. Total Funds $7,005,291 State Funds $7,005,291 State General Funds $7,005,291 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,444,632 $5,444,632 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $42,299 $42,299 Increase funds to reflect an adjustment in the employer share $1,131,097 of the Employees' Retirement System. $1,131,097 Reflect an adjustment in telecommunications expenses. ($1,740) ($1,740) Reflect an adjustment in the workers' compensation premium. $75,634 $75,634 Reflect an adjustment in unemployment insurance premiums. $44,328 $44,328 Increase funds for general liability premiums. $191,474 $191,474 TUESDAY, MARCH 27, 2012 3355 Increase funds to reflect an adjustment in PeopleSoft billings. Increase funds to restore rent reductions taken in FY 2012. Amount appropriated in this Act $4,729 $72,838 $7,005,291 $4,729 $72,838 $7,005,291 Section 9: Superior Courts Total Funds State Funds State General Funds $61,105,042 $61,105,042 $61,105,042 9.1. 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 $1,291,377 State Funds $1,291,377 State General Funds $1,291,377 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,202,718 $1,202,718 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $16,817 $16,817 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $22,743 $22,743 Reflect an adjustment in telecommunications expenses. $2,299 $2,299 Reflect an adjustment in the workers' compensation premium. $0 $0 Reflect an adjustment in unemployment insurance premiums. $0 $0 Increase funds for general liability premiums. $0 $0 Increase funds to reflect an adjustment in PeopleSoft billings. $0 $0 Provide additional funding for temporary labor to replace eliminated positions. $46,800 $46,800 Increase funding for two positions to provide in-house continuing judicial education training for Superior Court judges. (CC:Continue to utilize the Institute for Continuing Judicial Education.) $0 $0 3356 JOURNAL OF THE SENATE Amount appropriated in this Act $1,291,377 $1,291,377 9.2. 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 $2,336,893 State Funds $2,336,893 State General Funds $2,336,893 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,179,029 $2,179,029 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $31,277 $31,277 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $42,297 $42,297 Restore FY 2012 personal services reductions. $18,051 $18,051 Restore a portion of operating funds reduced from FY 2009 through FY 2012 as a result of budget reductions. $66,239 $66,239 Amount appropriated in this Act $2,336,893 $2,336,893 9.3. 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 $57,476,772 State Funds $57,476,772 State General Funds $57,476,772 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $55,388,265 $55,388,265 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $762,924 $762,924 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $244,996 $244,996 TUESDAY, MARCH 27, 2012 3357 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Restore FY 2012 personal services reductions. Increase funds to fill frozen non-statutory law clerk positions and two additional law clerks. (CC:Utilize existing funds to unfreeze the non-statutory Law Clerk positions to include Habeas Corpus clerk in Atlantic Circuit.) Restore FY 2012 base budget reductions to travel associated with continuing judicial education. Increase funding for operations associated with in-house continuing judicial education for Superior Court judges. (CC:Continue to utilize the Institute for Continuing Judicial Education.) Provide funding for two Superior Court judgeships in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. (CC:Provide funding for two Superior Court judgeships in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013.) Reduce HB 78 (2011 Session) funding for Senior Judges in circuits with Accountability Courts. (CC:Utilize funds for Senior Judges for Accountability Courts.) Provide additional funding for Senior Judges. Amount appropriated in this Act ($28,348) ($10,539) $167,674 $4,962 $168,558 $0 $128,073 $0 $350,207 $200,000 $100,000 $57,476,772 ($28,348) ($10,539) $167,674 $4,962 $168,558 $0 $128,073 $0 $350,207 $200,000 $100,000 $57,476,772 Section 10: Supreme Court Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $10,953,120 $1,859,823 $1,859,823 $9,093,297 $9,093,297 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 3358 JOURNAL OF THE SENATE 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 $10,953,120 Other Funds $1,859,823 Other Funds - Not Specifically Identified $1,859,823 State Funds $9,093,297 State General Funds $9,093,297 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $8,625,575 $10,485,398 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $124,049 $124,049 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $191,238 $191,238 Reflect an adjustment in telecommunications expenses. $3,467 $3,467 Reflect an adjustment in the workers' compensation premium. ($1,801) ($1,801) Reflect an adjustment in unemployment insurance premiums. $4,168 $4,168 Increase funds for general liability premiums. $2,126 $2,126 Increase funds to reflect an adjustment in PeopleSoft billings. $1,007 $1,007 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($2,479) ($2,479) Increase funds to allow for salary parity between Supreme Court and Court of Appeals staff attorneys. $66,520 $66,520 Increase funds to establish a dedicated capital case docket clerk to ensure timely and accurate case processing. $79,427 $79,427 Amount appropriated in this Act $9,093,297 $10,953,120 Section 11: Accounting Office, State Total Funds State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $16,691,889 $3,781,064 $3,781,064 $12,910,825 $12,910,825 TUESDAY, MARCH 27, 2012 3359 11.1. State Accounting Office Purpose: 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 Funds $16,691,889 State Funds $3,781,064 State General Funds $3,781,064 Intra-State Government Transfers $12,910,825 Other Intra-State Government Payments $12,910,825 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,689,254 $15,882,153 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $48,694 $48,694 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $65,160 $65,160 Reflect an adjustment in the workers' compensation premium. $392 $392 Reflect an adjustment in unemployment insurance premiums. $23,175 $23,175 Increase funds for general liability premiums. $4,859 $4,859 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($470) ($470) Eliminate contract with the Carl Vinson Institute of Government for training. (CC:Reduce funds.) ($50,000) ($50,000) Increase billings for PeopleSoft to reflect statewide adjustments. $0 $717,926 Amount appropriated in this Act $3,781,064 $16,691,889 Section 12: Administrative Services, Department of Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds $197,902,896 $31,319,419 $15,066,467 $16,252,952 $4,848,272 3360 JOURNAL OF THE SENATE State General Funds Intra-State Government Transfers Self Insurance Trust Fund Payments $4,848,272 $161,735,205 $161,735,205 The Department is authorized to assess no more than $73.00 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. 12.1. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs. Total Funds $5,379,732 Other Funds $5,379,732 Other Funds - Not Specifically Identified $5,379,732 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $4,050,370 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $0 $176,927 Transfer 14 positions and $1,152,435 of other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. $0 $1,152,435 Amount appropriated in this Act $0 $5,379,732 12.2. Fleet Management Purpose: 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 Funds $1,020,141 Other Funds $1,020,141 Other Funds - Not Specifically Identified $1,020,141 12.3. Human Resources Administration Purpose: The purpose of this appropriation is to provide centralized services for statewide human resources in support of state agencies, the State Personnel Board, and employees; develop human resource policies, create job descriptions and classification, develop fair and consistent compensation practices, and administer the employee benefits program. TUESDAY, MARCH 27, 2012 3361 Total Funds $8,654,485 Other Funds $8,654,485 Other Funds - Not Specifically Identified $8,654,485 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Transfer 28 positions and $8,654,485 of other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. $0 $8,654,485 Amount appropriated in this Act $0 $8,654,485 12.4. Mail and Courier Purpose: 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 Atlanta. 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 (HB78) $0 $1,079,669 Reduce other funds ($1,079,669) and eliminate 13 vacant positions and nine motor vehicles. $0 ($1,079,669) Amount appropriated in this Act $0 $0 12.5. Risk Management Purpose: 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 Funds $161,735,205 Intra-State Government Transfers $161,735,205 Self Insurance Trust Fund Payments $161,735,205 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $136,459,599 Increase funds to reflect Workers' Compensation premiums. $0 $22,775,606 3362 JOURNAL OF THE SENATE Reflect additional billings of $2,500,000 for unemployment insurance expenses. Increase funds to reflect the DOAS General Liability Trust Fund premiums (Total Funds: $26,000,000). (CC:YES) Amount appropriated in this Act $0 $2,500,000 $0 $0 $0 $161,735,205 12.6. State Purchasing Purpose: 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 Funds $10,319,374 Other Funds $10,319,374 Agency Funds $10,319,374 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $10,000,000 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $0 $319,374 Amount appropriated in this Act $0 $10,319,374 12.7. Surplus Property Purpose: 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 Funds $1,198,594 Other Funds $1,198,594 Other Funds - Not Specifically Identified $1,198,594 The following appropriations are for agencies attached for administrative purposes. 12.8. Certificate of Need Appeal Panel Purpose: The purpose of this appropriation is to review decisions made by the Department of Community Health on Certificate of Need applications. Total Funds $40,728 State Funds $40,728 TUESDAY, MARCH 27, 2012 3363 State General Funds $40,728 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $41,559 $41,559 Reduce funds for operating expenses. ($831) ($831) Amount appropriated in this Act $40,728 $40,728 12.9. Compensation per General Assembly Resolutions Purpose: 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 Resolutions. Total Funds $337,355 State Funds $337,355 State General Funds $337,355 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Increase funds pursuant to HR 1160 (2012 Session) to purchase a 20-year annuity, inclusive of an initial $100,000 lump sum payment, for an individual who was wrongfully imprisoned. $329,855 $329,855 Increase funds pursuant to HR 1161 (2012 Session) to compensate an individual who was injured. $7,500 $7,500 Amount appropriated in this Act $337,355 $337,355 12.10. Office of State Administrative Hearings Purpose: 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, and to create and provide necessary funding for an independent trial court with concurrent jurisdiction with the Superior Courts of Georgia which will address tax disputes involving the Department of Revenue. Total Funds $4,230,743 Other Funds $1,300,805 Agency Funds $1,300,805 State Funds $2,929,938 State General Funds $2,929,938 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3364 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for temporary employees. Replace state funds with other funds for operating expenses. Provide salaries and operating funds for the Georgia Tax Court, HB 100 (2012 Session). Amount appropriated in this Act State Funds $2,562,711 $31,066 $52,292 $18,207 $5,233 $1,486 ($51,254) ($16,087) $326,284 $2,929,938 Total Funds $3,863,516 $31,066 $52,292 $18,207 $5,233 $1,486 ($51,254) ($16,087) $326,284 $4,230,743 12.11. Office of the State Treasurer Purpose: 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 Funds $3,446,288 Other Funds $3,446,288 Agency Funds $3,446,288 12.12. 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 $1,540,251 State Funds $1,540,251 State General Funds $1,540,251 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,255,824 $5,255,824 TUESDAY, MARCH 27, 2012 3365 Eliminate 18 filled and three vacant positions, and operating expenses, and use funds for aviation charter contracts (Total Funds: $1,400,000). (G:YES) (CC:YES) Reflect an Executive Order, to transfer nine months funding and six positions from the Georgia Aviation Authority to the Department of Public Safety. Transfer funds and 13 positions from the Georgia Aviation Authority to the Georgia Forestry Commission. Transfer funds and four positions from the Georgia Aviation Authority to the Department of Natural Resources. Transfer funds for operating expenses from the Georgia Aviation Authority to the Department of Public Safety. Amount appropriated in this Act $0 ($958,755) ($1,482,928) ($744,140) ($529,750) $1,540,251 $0 ($958,755) ($1,482,928) ($744,140) ($529,750) $1,540,251 12.13. Payments to Georgia Technology Authority Purpose: 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. 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 (HB78) $0 $0 Provide for a payment to the Office of the State Treasurer of $0 $0 $4,315,917. (G:YES) (CC:YES) 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 Other Funds - Not Specifically Identified State Funds State General Funds $51,352,061 $7,163,980 $7,163,980 $3,454,038 $3,454,038 $40,734,043 $40,734,043 13.1. Athens and Tifton Veterinary Laboratories Purpose: 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. 3366 JOURNAL OF THE SENATE Total Funds $2,810,149 State Funds $2,810,149 State General Funds $2,810,149 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,867,499 $2,867,499 Reduce funds for operating expenses. ($57,350) ($57,350) Amount appropriated in this Act $2,810,149 $2,810,149 13.2. Consumer Protection Purpose: 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; by monitoring, inspecting, and regulating animal feed, pet food, and grains; and by monitoring, inspecting, and regulating elevators, amusement park rides, and boilers. 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 $32,955,120 Federal Funds and Grants $7,128,980 Federal Funds Not Specifically Identified $7,128,980 Other Funds $1,501,004 Other Funds - Not Specifically Identified $1,501,004 State Funds $24,325,136 State General Funds $24,325,136 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $16,546,818 $31,393,659 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $202,160 $202,160 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $303,036 $303,036 Reflect an adjustment in telecommunications expenses. ($22,985) ($22,985) TUESDAY, MARCH 27, 2012 3367 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services to reflect projected expenditures. Provide state funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report. Transfer funds and 63 positions from the Department of Labor to Consumer Protection. (CC:Transfer to the Department of Insurance.) Reflect a change in the purpose statement. (G:YES) (CC:YES) Amount appropriated in this Act $2,152 $304 $77,839 $7,384 ($25,503) ($322,309) $7,556,240 $0 $0 $24,325,136 $2,152 $304 $77,839 $7,384 ($25,503) ($422,250) $1,439,324 $0 $0 $32,955,120 13.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department. Total Funds $4,558,992 State Funds $4,558,992 State General Funds $4,558,992 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,219,566 $4,643,794 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $28,651 $28,651 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $54,685 $54,685 Reflect an adjustment in telecommunications expenses. ($6,115) ($6,115) Reflect an adjustment in the workers' compensation premium. $315 $315 Reflect an adjustment in unemployment insurance premiums. $44 $44 3368 JOURNAL OF THE SENATE Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services to reflect projected expenditures and eliminate two filled positions. Provide state funds to replace fees required to be remitted to the Office of the State Treasurer pursuant to the State of Georgia 2011 Budgetary Compliance Report. Reduce funds based on a decrease in occupancy in the Agriculture Building. (CC:Recognize savings for fifth floor vacancy.) Amount appropriated in this Act $11,377 $1,079 ($3,728) ($96,417) $2,450,810 ($101,275) $4,558,992 $11,377 $1,079 ($3,728) ($96,417) $26,582 ($101,275) $4,558,992 13.4. Marketing and Promotion Purpose: 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 Market Bulletin. Total Funds $6,979,763 Federal Funds and Grants $35,000 Federal Funds Not Specifically Identified $35,000 Other Funds $1,953,034 Other Funds - Not Specifically Identified $1,953,034 State Funds $4,991,729 State General Funds $4,991,729 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,180,528 $7,201,945 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $61,616 $61,616 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $47,164 $47,164 Reflect an adjustment in telecommunications expenses. ($9,447) ($9,447) Reflect an adjustment in the workers' compensation premium. $389 $389 Reflect an adjustment in unemployment insurance premiums. $55 $55 TUESDAY, MARCH 27, 2012 3369 Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services to reflect projected expenditures and eliminate one vacant position. Reduce funds for operating expenses and seek alternative strategies to provide livestock market reporting. Replace state funds with other funds for administrative and financial support for the Commodity Commissions. Reduce funds for travel expenses. Provide funds for the H1B/H2A Guest Worker program. Amount appropriated in this Act $14,087 $1,333 ($4,615) ($60,212) ($229,961) ($156,629) ($2,579) $150,000 $4,991,729 $14,087 $1,333 ($4,615) ($93,595) ($229,961) ($156,629) ($2,579) $150,000 $6,979,763 13.5. Poultry Veterinary Diagnostic Labs Purpose: The purpose of this appropriation is to pay for operation of the Poultry Diagnostic Veterinary Labs, which conduct disease diagnoses and monitoring. Total Funds $2,763,298 State Funds $2,763,298 State General Funds $2,763,298 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,819,692 $2,819,692 Reduce funds for operating expenses. ($56,394) ($56,394) Amount appropriated in this Act $2,763,298 $2,763,298 The following appropriations are for agencies attached for administrative purposes. 13.6. Payments to Georgia Agricultural Exposition Authority Purpose: The purpose of this appropriation is to reduce the rates charged by the Georgia Agricultural Exposition Authority for youth and livestock events. Total Funds $1,284,739 State Funds $1,284,739 State General Funds $1,284,739 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,291,942 $1,291,942 3370 JOURNAL OF THE SENATE Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for regular operating expenses. Amount appropriated in this Act $4,603 $8,108 ($1,642) $5,605 $1,962 ($25,839) $1,284,739 $4,603 $8,108 ($1,642) $5,605 $1,962 ($25,839) $1,284,739 Section 14: Banking and Finance, Department of Total Funds State Funds State General Funds $11,357,111 $11,357,111 $11,357,111 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 $218,206 State Funds $218,206 State General Funds $218,206 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $211,192 $211,192 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $2,896 $2,896 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $3,794 $3,794 Reflect an adjustment in telecommunications expenses. $85 $85 Reflect an adjustment in the workers' compensation premium. $111 $111 Reflect an adjustment in unemployment insurance premiums. $139 $139 Increase funds for general liability premiums. $81 $81 TUESDAY, MARCH 27, 2012 3371 Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $33 ($125) $218,206 $33 ($125) $218,206 14.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all department programs. Total Funds $2,014,908 State Funds $2,014,908 State General Funds $2,014,908 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,970,213 $1,970,213 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $26,289 $26,289 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $34,432 $34,432 Reflect an adjustment in telecommunications expenses. $777 $777 Reflect an adjustment in the workers' compensation premium. $1,007 $1,007 Reflect an adjustment in unemployment insurance premiums. $1,267 $1,267 Increase funds for general liability premiums. $737 $737 Increase funds to reflect an adjustment in PeopleSoft billings. $300 $300 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,134) ($1,134) Reduce funding for computer charges. ($14,000) ($14,000) Reduce funding for regular operating expenses. ($4,980) ($4,980) Amount appropriated in this Act $2,014,908 $2,014,908 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. 3372 JOURNAL OF THE SENATE Total Funds $7,215,024 State Funds $7,215,024 State General Funds $7,215,024 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,033,886 $7,033,886 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $95,474 $95,474 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $125,047 $125,047 Reflect an adjustment in telecommunications expenses. $2,822 $2,822 Reflect an adjustment in the workers' compensation premium. $3,657 $3,657 Reflect an adjustment in unemployment insurance premiums. $4,601 $4,601 Increase funds for general liability premiums. $2,676 $2,676 Increase funds to reflect an adjustment in PeopleSoft billings. $1,091 $1,091 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($4,120) ($4,120) Reduce funding in computer charges. ($27,000) ($27,000) Reduce funding for regular operating expenses. ($23,110) ($23,110) Amount appropriated in this Act $7,215,024 $7,215,024 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, protect consumers by licensing, regulating, and enforce applicable laws and regulations, and provide efficient and flexible application, registrations and notification procedures for non-depository financial institutions. Total Funds $1,908,973 State Funds $1,908,973 State General Funds $1,908,973 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,855,901 $1,855,901 TUESDAY, MARCH 27, 2012 3373 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $17,229 $33,011 $745 $966 $1,215 $706 $288 ($1,088) $1,908,973 $17,229 $33,011 $745 $966 $1,215 $706 $288 ($1,088) $1,908,973 Section 15: Behavioral Health and Developmental Disabilities, Department of Total Funds $1,153,064,022 Federal Funds and Grants $156,261,708 Community Mental Health Services Block Grant $14,141,291 Medical Assistance Program $24,477,192 Prevention and Treatment of Substance Abuse Block Grant $51,480,893 Social Services Block Grant $35,981,142 Temporary Assistance for Needy Families Block Grant $11,568,720 Federal Funds Not Specifically Identified $18,612,470 Other Funds $55,779,370 Agency Funds $39,356,648 Other Funds - Not Specifically Identified $16,422,722 State Funds $938,225,891 State General Funds $927,970,753 Tobacco Settlement Funds $10,255,138 Intra-State Government Transfers $2,797,053 Other Intra-State Government Payments $2,797,053 15.1. Adult Addictive Diseases Services Purpose: 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. 3374 JOURNAL OF THE SENATE Total Funds $89,839,900 Federal Funds and Grants $44,328,551 Medical Assistance Program $200,000 Prevention and Treatment of Substance Abuse Block Grant $30,059,831 Social Services Block Grant $2,500,000 Temporary Assistance for Needy Families Block Grant $11,568,720 Other Funds $435,203 Agency Funds $434,903 Other Funds - Not Specifically Identified $300 State Funds $45,076,146 State General Funds $45,076,146 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $43,587,912 $94,413,434 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $520,694 $520,694 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $71,654 $71,654 Reflect an adjustment in telecommunications expenses. $2,402 $2,402 Reflect an adjustment in the workers' compensation premium. $91,319 $91,319 Reduce funds to recognize the loss of TANF Supplemental grant. $0 ($8,561,768) Utilize at least $75,000 from administrative funds, $846,819 $0 $0 from state funds, and $122,400 from Independent Living Supports contract to reduce the effects of the loss of the TANF Supplemental grant. (CC:YES) Transfer Social Services Block Grant funds from Adult Developmental Disabilities Services to the Adult Addictive Diseases Services to reduce the effects of the loss of the TANF Supplemental grant. $0 $2,500,000 Increase funds to reduce the effects of the loss of the TANF Supplemental grant. $802,165 $802,165 Amount appropriated in this Act $45,076,146 $89,839,900 15.2. Adult Developmental Disabilities Services Purpose: 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. TUESDAY, MARCH 27, 2012 3375 Total Funds $341,380,062 Federal Funds and Grants $37,922,210 Medical Assistance Program $11,778,039 Social Services Block Grant $26,144,171 Other Funds $28,706,127 Agency Funds $17,521,674 Other Funds - Not Specifically Identified $11,184,453 State Funds $274,751,725 State General Funds $264,496,587 Tobacco Settlement Funds $10,255,138 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reduce funds for contractual services. Increase funds to provide for 150 additional Comprehensive Waiver (COMP) slots and to annualize the cost of 100 FY2012 New Options Waiver (NOW) slots for the developmentally disabled to meet the requirements of the Department of Justice Settlement Agreement. Increase funds to reflect change in federal participation rate from 65.95% to 65.71%. Increase funds for developmental disabilities consumers in community settings to meet the requirements of the Department of Justice ADA settlement (excludes waivers). Reduce funds to recognize one-time savings from Money Follows the Person program by utilizing an enhanced federal matching rate. Reduce funds to recognize the loss of the TANF Supplemental grant. State Funds $259,833,323 $1,676,888 $1,648,044 $55,256 $163,007 ($575,000) $5,290,181 $1,110,719 $4,216,000 ($1,577,468) $0 Total Funds $328,682,850 $1,676,888 $1,648,044 $55,256 $163,007 ($725,000) $6,130,225 $1,110,719 $4,216,000 ($1,577,468) ($411,234) 3376 JOURNAL OF THE SENATE Transfer funds from the Direct Care Support Services program to the Adult Developmental Disabilities Services program to align the budget with program expenditures. Use Balancing Incentive Payment program for additional 100 waiver slots for the New Options Waiver (NOW) and Comprehensive Waiver (COMP) as part of the Department of Justice Settlement Agreement. (G:YES) (CC:YES) Use Balancing Incentive Payment Program to annualize the cost of 150 FY 2012 waiver slots for COMP as part of the Department of Justice Settlement Agreement. (G:YES) (CC:YES) Transfer Social Services Block Grant funds from the Adult Developmental Disabilities Services program to the Adult Addictive Services program to reduce the effects of the TANF Supplemental grant loss. Utilize Balancing Incentive Payment Program to annualize the cost of NOW and COMP waivers for youths aging out of DFCS. (CC:YES) Provide additional funding for the Emory Autism Center. Amount appropriated in this Act $2,810,775 $0 $0 $0 $0 $100,000 $274,751,725 $2,810,775 $0 $0 ($2,500,000) $0 $100,000 $341,380,062 15.3. Adult Forensic Services Purpose: 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 Funds $68,415,154 Other Funds $26,500 Other Funds - Not Specifically Identified $26,500 State Funds $68,388,654 State General Funds $68,388,654 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $55,669,763 $55,696,263 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $720,818 $720,818 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $859,849 $859,849 Reflect an adjustment in telecommunications expenses. $28,829 $28,829 TUESDAY, MARCH 27, 2012 3377 Increase funds for contract forensic evaluators to perform evaluations statewide, depending upon areas of greatest need or backlog. Increase funds to provide for an additional 40 bed unit to decrease the waiting list for forensic services. Transfer state funds from the Direct Care Support Services program to the Adult Forensic Services program to properly align budget to expenditures. Amount appropriated in this Act $450,000 $5,600,000 $5,059,395 $68,388,654 $450,000 $5,600,000 $5,059,395 $68,415,154 15.4. Adult Mental Health Services Purpose: 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 Funds $305,891,693 Federal Funds and Grants $23,844,101 Community Mental Health Services Block Grant $8,800,725 Medical Assistance Program $1,982,065 Federal Funds Not Specifically Identified $13,061,311 Other Funds $2,303,357 Agency Funds $1,130,000 Other Funds - Not Specifically Identified $1,173,357 State Funds $279,744,235 State General Funds $279,744,235 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reduce funds for contractual services. Increase funds to reflect change in federal participation rate from 65.95% to 65.71%. State Funds $259,114,287 $2,886,837 $988,827 $36,709 $163,260 ($3,045,414) $434,707 Total Funds $282,085,894 $2,886,837 $988,827 $36,709 $163,260 ($3,045,414) $434,707 3378 JOURNAL OF THE SENATE Increase funds for mental health consumers in community settings to meet the requirements of the State's settlement agreement with the Department of Justice. Replace state funds with Medicaid administrative funds for contractual services. Replace state funds with Mental Health Block Grant funds for contractual services. Transfer state funds from the Direct Care Support Services program to the Adult Mental Health Services program to properly align budget to expenditures. Utilize existing funds for an emergency psychiatric service center. (G:YES) (CC:YES) Utilize Balancing Incentive Payment program payments to invest in home and community-based services options in Medicaid. (G:YES) (CC:YES) Reduce funds based on FY2011 expenditures. Increase funds for the continuation of the Opening Doors to Recovery Project. The Department will provide and prioritize services in accordance with Georgia's safety net obligations and are not intended to compete with services provided for patients with private insurance. (CC:YES) Amount appropriated in this Act $20,342,253 ($1,078,886) ($2,096,965) $2,248,620 $0 $0 ($500,000) $250,000 $0 $279,744,235 $20,342,253 $0 $0 $2,248,620 $0 $0 ($500,000) $250,000 $0 $305,891,693 15.5. Adult Nursing Home Services Purpose: The purpose of this appropriation is to provide skilled nursing home services to Georgian's with mental illness, mental retardation or developmental disabilities. Total Funds $11,213,698 Other Funds $6,330,069 Agency Funds $6,330,069 State Funds $4,883,629 State General Funds $4,883,629 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,495,426 $9,825,495 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $44,126 $44,126 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $214,962 $214,962 TUESDAY, MARCH 27, 2012 3379 Reflect an adjustment in telecommunications expenses. Transfer state funds from the Direct Care Support Services program to the Adult Nursing Home Services program to properly align budget to expenditures. Amount appropriated in this Act $4,805 $1,124,310 $4,805 $1,124,310 $4,883,629 $11,213,698 15.6. Child and Adolescent Addictive Diseases Services Purpose: 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 Funds $14,620,384 Federal Funds and Grants $11,347,030 Medical Assistance Program $226,000 Prevention and Treatment of Substance Abuse Block Grant $11,121,030 State Funds $3,273,354 State General Funds $3,273,354 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,194,665 $14,541,695 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $4,633 $4,633 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $71,654 $71,654 Reflect an adjustment in telecommunications expenses. $2,402 $2,402 Amount appropriated in this Act $3,273,354 $14,620,384 15.7. Child and Adolescent Developmental Disabilities Purpose: The purpose of this appropriation is to provide evaluation, residential, support, and education services for children and adolescents with developmental disabilities. Total Funds $11,560,447 Federal Funds and Grants $3,148,692 Medical Assistance Program $3,148,692 Other Funds $65,839 Agency Funds $65,839 State Funds $8,345,916 State General Funds $8,345,916 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3380 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Increase funds for the Marcus Autism Center. Increase funds for the Matthew Reardon Center for Autism. Amount appropriated in this Act State Funds $7,902,148 $19,712 $71,654 $2,402 $250,000 $100,000 $8,345,916 Total Funds $10,866,679 $19,712 $71,654 $2,402 $500,000 $100,000 $11,560,447 15.8. Child and Adolescent Forensic Services Purpose: 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 Funds $3,301,930 State Funds $3,301,930 State General Funds $3,301,930 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,203,250 $3,203,250 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $24,624 $24,624 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $71,654 $71,654 Reflect an adjustment in telecommunications expenses. $2,402 $2,402 Amount appropriated in this Act $3,301,930 $3,301,930 15.9. Child and Adolescent Mental Health Services Purpose: The purpose of this appropriation is to provide evaluation, treatment, crisis stabilization, and residential services to children and adolescents with mental illness. Total Funds $86,276,949 Federal Funds and Grants $8,104,349 Community Mental Health Services Block Grant $5,340,566 Medical Assistance Program $2,763,783 Other Funds $2,669,781 Agency Funds $85,000 TUESDAY, MARCH 27, 2012 3381 Other Funds - Not Specifically Identified $2,584,781 State Funds $75,502,819 State General Funds $75,502,819 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $75,258,018 $88,129,113 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $74,394 $74,394 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $71,654 $71,654 Reflect an adjustment in telecommunications expenses. $2,402 $2,402 Increase funds to reflect change in federal participation rate from 65.95% to 65.71%. $96,351 $96,351 Transfer Mental Health Block Grant funds to the Adult Mental Health Services program for contractual services.(G:YES) (CC:YES) $0 ($2,096,965) Utilize Balancing Incentive Payment program payments to invest in home and community-based services options in Medicaid. (G:YES) (CC:YES) $0 $0 Amount appropriated in this Act $75,502,819 $86,276,949 15.10. Departmental Administration - Behavioral Health Purpose: The purpose of this appropriation is to provide administrative support for all mental health, developmental disabilities and addictive diseases programs of the department. Total Funds $48,787,500 Federal Funds and Grants $11,715,584 Medical Assistance Program $4,378,613 Social Services Block Grant $7,336,971 Other Funds $22,133 Agency Funds $22,133 State Funds $36,672,440 State General Funds $36,672,440 Intra-State Government Transfers $377,343 Other Intra-State Government Payments $377,343 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $35,869,230 $47,984,290 3382 JOURNAL OF THE SENATE Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. The Department will evaluate the criteria for establishing a viable waiting list and report to the General Assembly by June 30, 2013 with recommendations for maintaining such lists. (CC:YES) Reduce administration funds. (CC:YES;Reduction in funds is not to be deducted from local level operations or transportation funds within this program.) Amount appropriated in this Act $174,140 $366,152 $19,219 $848,981 ($1,398,290) $1,907,505 $78,432 ($475,544) $0 ($717,385) $36,672,440 $174,140 $366,152 $19,219 $848,981 ($1,398,290) $1,907,505 $78,432 ($475,544) $0 ($717,385) $48,787,500 15.11. Direct Care Support Services Purpose: The purpose of this appropriation is to operate six state-owned and operated hospitals. Total Funds $154,991,193 Other Funds $15,220,361 Agency Funds $13,767,030 Other Funds - Not Specifically Identified $1,453,331 State Funds $137,351,122 State General Funds $137,351,122 Intra-State Government Transfers $2,419,710 Other Intra-State Government Payments $2,419,710 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $145,579,030 $163,219,101 TUESDAY, MARCH 27, 2012 3383 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Transfer state funds from the Direct Care Support Services program to the Adult Developmental Disabilities Services program ($2,810,775), the Adult Forensic Services program ($5,059,395), the Adult Mental Health Services program ($2,248,620), and the Adult Nursing Home Services program ($1,124,310) to properly align budget to expenditures. Adjust funds for unemployment insurance expenses. Utilize savings from the closure of Northwest Georgia Regional Hospital to cover unemployment insurance expenses. (G:YES) (CC:YES) Amount appropriated in this Act $1,440,700 $2,693,479 $81,013 ($11,243,100) ($1,200,000) $0 $137,351,122 $1,440,700 $2,693,479 $81,013 ($11,243,100) ($1,200,000) $0 $154,991,193 15.12. Substance Abuse Prevention Purpose: 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 Funds $13,406,574 Federal Funds and Grants $13,173,567 Prevention and Treatment of Substance Abuse Block Grant $10,300,032 Federal Funds Not Specifically Identified $2,873,535 State Funds $233,007 State General Funds $233,007 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $194,513 $13,368,080 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $265 $265 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $35,827 $35,827 Reflect an adjustment in telecommunications expenses. $2,402 $2,402 Amount appropriated in this Act $233,007 $13,406,574 3384 JOURNAL OF THE SENATE The following appropriations are for agencies attached for administrative purposes. 15.13. Georgia Council on Developmental Disabilities Purpose: The purpose of this appropriation is to promote quality services and support for people with developmental disabilities and their families. Total Funds $2,722,259 Federal Funds and Grants $2,677,624 Federal Funds Not Specifically Identified $2,677,624 State Funds $44,635 State General Funds $44,635 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $45,546 $2,723,170 Reduce funds for contractual services. ($911) ($911) Amount appropriated in this Act $44,635 $2,722,259 15.14. Sexual Offender Review Board Purpose: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. Total Funds $656,279 State Funds $656,279 State General Funds $656,279 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $777,474 $777,474 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $5,087 $5,087 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $12,740 $12,740 Increase funds to convert two part-time evaluators and one clerk to full-time employees. $100,213 $100,213 Transfer funds from the Sexual Offender Review Board to the Georgia Bureau of Investigation for one part-time and four full-time investigators. (CC:YES) ($239,235) ($239,235) Amount appropriated in this Act $656,279 $656,279 TUESDAY, MARCH 27, 2012 3385 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 State Funds State General Funds $317,337,621 $166,823,214 $166,823,214 $11,592,796 $55,284 $11,537,512 $138,921,611 $138,921,611 16.1. Building Construction Purpose: 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 Funds $469,077 Other Funds $239,704 Other Funds - Not Specifically Identified $239,704 State Funds $229,373 State General Funds $229,373 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $224,386 $464,090 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $2,985 $2,985 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $4,608 $4,608 Reflect an adjustment in telecommunications expenses. ($2,658) ($2,658) Reflect an adjustment in the workers' compensation premium. ($54) ($54) Reflect an adjustment in unemployment insurance premiums. $133 $133 Increase funds for general liability premiums. $152 $152 Increase funds to reflect an adjustment in PeopleSoft billings. $103 $103 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($282) ($282) 3386 JOURNAL OF THE SENATE Amount appropriated in this Act $229,373 $469,077 16.2. Coordinated Planning Purpose: 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 Funds $4,205,460 Federal Funds and Grants $69,038 Federal Funds Not Specifically Identified $69,038 Other Funds $112,928 Other Funds - Not Specifically Identified $112,928 State Funds $4,023,494 State General Funds $4,023,494 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,119,638 $4,250,739 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $24,212 $24,212 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $18,433 $18,433 Reflect an adjustment in telecommunications expenses. ($10,631) ($10,631) Reflect an adjustment in the workers' compensation premium. ($215) ($215) Reflect an adjustment in unemployment insurance premiums. $532 $532 Increase funds for general liability premiums. $607 $607 Increase funds to reflect an adjustment in PeopleSoft billings. $410 $410 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,127) ($1,127) Replace state funds with other funds for personal services. ($50,865) $0 Reduce funds for Regional Commissions. ($77,500) ($77,500) Amount appropriated in this Act $4,023,494 $4,205,460 TUESDAY, MARCH 27, 2012 3387 16.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department. Total Funds $5,103,140 Federal Funds and Grants $1,624,684 Federal Funds Not Specifically Identified $1,624,684 Other Funds $2,383,609 Other Funds - Not Specifically Identified $2,383,609 State Funds $1,094,847 State General Funds $1,094,847 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,252,849 $5,378,368 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $7,546 $7,546 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $19,585 $19,585 Reflect an adjustment in telecommunications expenses. ($11,296) ($11,296) Reflect an adjustment in the workers' compensation premium. ($229) ($229) Reflect an adjustment in unemployment insurance premiums. $566 $566 Increase funds for general liability premiums. $645 $645 Increase funds to reflect an adjustment in PeopleSoft billings. $436 $436 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,197) ($1,197) Replace state funds with other funds for operating expenses. ($100,000) $0 Reduce contract funds. ($25,000) ($25,000) Eliminate one vacant and three filled positions. ($49,058) ($266,284) Amount appropriated in this Act $1,094,847 $5,103,140 16.4. Federal Community and Economic Development Programs Purpose: 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 Funds $46,932,299 Federal Funds and Grants $45,163,423 3388 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $45,163,423 Other Funds $243,318 Other Funds - Not Specifically Identified $243,318 State Funds $1,525,558 State General Funds $1,525,558 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,568,400 $47,017,346 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $17,851 $17,851 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $26,496 $26,496 Reflect an adjustment in telecommunications expenses. ($15,283) ($15,283) Reflect an adjustment in the workers' compensation premium. ($309) ($309) Reflect an adjustment in unemployment insurance premiums. $765 $765 Increase funds for general liability premiums. $872 $872 Increase funds to reflect an adjustment in PeopleSoft billings. $590 $590 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,619) ($1,619) Eliminate one filled position. ($42,205) ($84,410) Reduce grant funds to reflect match requirement for the Appalachian Regional Commission. ($30,000) ($30,000) Amount appropriated in this Act $1,525,558 $46,932,299 16.5. Homeownership Programs Purpose: 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 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 TUESDAY, MARCH 27, 2012 3389 16.6. Regional Services Purpose: 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 Funds $1,381,679 Federal Funds and Grants $105,625 Federal Funds Not Specifically Identified $105,625 Other Funds $175,000 Other Funds - Not Specifically Identified $175,000 State Funds $1,101,054 State General Funds $1,101,054 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,078,094 $1,358,719 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $13,948 $13,948 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $20,737 $20,737 Reflect an adjustment in telecommunications expenses. ($11,960) ($11,960) Reflect an adjustment in the workers' compensation premium. ($242) ($242) Reflect an adjustment in unemployment insurance premiums. $599 $599 Increase funds for general liability premiums. $683 $683 Increase funds to reflect an adjustment in PeopleSoft billings. $462 $462 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,267) ($1,267) Amount appropriated in this Act $1,101,054 $1,381,679 16.7. Rental Housing Programs Purpose: 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- 3390 JOURNAL OF THE SENATE income individuals and families allowing them to rent safe, decent, and sanitary dwelling units in the private rental market. Total Funds $120,865,194 Federal Funds and Grants $117,798,098 Federal Funds Not Specifically Identified $117,798,098 Other Funds $3,067,096 Other Funds - Not Specifically Identified $3,067,096 16.8. Research and Surveys Purpose: 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 Funds $373,968 State Funds $373,968 State General Funds $373,968 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $367,175 $367,175 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $3,789 $3,789 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $6,912 $6,912 Reflect an adjustment in telecommunications expenses. ($3,987) ($3,987) Reflect an adjustment in the workers' compensation premium. ($81) ($81) Reflect an adjustment in unemployment insurance premiums. $200 $200 Increase funds for general liability premiums. $228 $228 Increase funds to reflect an adjustment in PeopleSoft billings. $154 $154 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($422) ($422) Amount appropriated in this Act $373,968 $373,968 16.9. Special Housing Initiatives Purpose: 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. TUESDAY, MARCH 27, 2012 3391 Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $5,324,954 $1,254,596 $1,254,596 $1,107,466 $1,107,466 $2,962,892 $2,962,892 16.10. State Community Development Programs Purpose: 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 Funds $952,745 Other Funds $85,166 Agency Funds $55,284 Other Funds - Not Specifically Identified $29,882 State Funds $867,579 State General Funds $867,579 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $849,908 $935,074 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $10,663 $10,663 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $16,129 $16,129 Reflect an adjustment in telecommunications expenses. ($9,302) ($9,302) Reflect an adjustment in the workers' compensation premium. ($188) ($188) Reflect an adjustment in unemployment insurance premiums. $466 $466 Increase funds for general liability premiums. $530 $530 Increase funds to reflect an adjustment in PeopleSoft billings. $359 $359 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($986) ($986) Amount appropriated in this Act $867,579 $952,745 3392 JOURNAL OF THE SENATE 16.11. State Economic Development Programs Purpose: 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 Funds $78,765,099 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 $78,596,831 State General Funds $78,596,831 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $11,559,483 $11,727,751 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $2,284 $2,284 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $2,304 $2,304 Reflect an adjustment in telecommunications expenses. ($1,329) ($1,329) Reflect an adjustment in the workers' compensation premium. ($27) ($27) Reflect an adjustment in unemployment insurance premiums. $67 $67 Increase funds for general liability premiums. $76 $76 Increase funds to reflect an adjustment in PeopleSoft billings. $51 $51 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($141) ($141) Eliminate contract funds for Appalachian Community Enterprise (ACE). ($25,000) ($25,000) Recognize additional revenue from the Mortgage Banking Settlement for Regional Economic Business Assistance (REBA) grants. $67,059,063 $67,059,063 Amount appropriated in this Act $78,596,831 $78,765,099 The following appropriations are for agencies attached for administrative purposes. TUESDAY, MARCH 27, 2012 3393 16.12. Payments to Georgia Environmental Finance Authority Purpose: The purpose of this appropriation is to provide funds for water, wastewater, solid waste, energy, and land conservation projects. Total Funds $298,495 State Funds $298,495 State General Funds $298,495 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $283,495 $283,495 Amount appropriated in this Act $298,495 $298,495 16.13. Payments to Georgia Regional Transportation Authority Purpose: 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 Development of Regional Impact. Total Funds $3,041,478 State Funds $3,041,478 State General Funds $3,041,478 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,953,873 $2,953,873 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $34,879 $34,879 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $62,642 $62,642 Reflect an adjustment in telecommunications expenses. $36,963 $36,963 Reflect an adjustment in the workers' compensation premium. $5,527 $5,527 Reflect an adjustment in unemployment insurance premiums. $5,448 $5,448 Increase funds for general liability premiums. $1,223 $1,223 Replace state funds with federal funds for two positions. ($59,077) ($59,077) Amount appropriated in this Act $3,041,478 $3,041,478 3394 JOURNAL OF THE SENATE 16.14. Payments to OneGeorgia Authority Purpose: The purpose of this appropriation is to provide funds for the OneGeorgia Authority. Total Funds $44,992,042 Other Funds $186,000 Other Funds - Not Specifically Identified $186,000 State Funds $44,806,042 State General Funds $44,806,042 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $186,000 Provide funds for rural economic development. (CC:Recognize additional revenues from the Mortgage Banking Settlement.) $44,806,042 $44,806,042 Amount appropriated in this Act $44,806,042 $44,992,042 Section 17: Community Health, Department of Total Funds Federal Funds and Grants Medical Assistance Program State Children's Insurance Program Federal Funds Not Specifically Identified Other Funds Agency Funds Indigent Care Trust Fund - Public Hospital Authorities Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds Hospital Provider Payment Nursing Home Provider Fees State General Funds Tobacco Settlement Funds Intra-State Government Transfers Health Insurance Payments Medicaid Services Payments - Other Agencies $11,971,078,30 0 $5,702,129,485 $5,419,611,863 $273,383,425 $9,134,197 $245,651,179 $78,482,824 $139,386,524 $10,306,214 $17,475,617 $2,711,373,577 $235,302,027 $157,444,961 $2,208,433,332 $110,193,257 $3,289,694,412 $3,008,837,150 $280,857,262 TUESDAY, MARCH 27, 2012 3395 17.1. Departmental Administration and Program Support Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs. Total Funds $347,341,330 Federal Funds and Grants $254,978,024 Medical Assistance Program $231,288,579 State Children's Insurance Program $23,036,955 Federal Funds Not Specifically Identified $652,490 Other Funds $2,854,039 Agency Funds $1,611,520 Other Funds - Not Specifically Identified $1,242,519 State Funds $67,136,937 State General Funds $67,136,937 Intra-State Government Transfers $21,102,191 Health Insurance Payments $21,102,191 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $63,956,153 $328,073,262 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $419,886 $419,886 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $311,571 $311,571 Reflect an adjustment in telecommunications expenses. ($25,505) ($25,505) Reflect an adjustment in the workers' compensation premium. $98,222 $98,222 Reflect an adjustment in unemployment insurance premiums. $23,161 $23,161 Increase funds for general liability premiums. $69,720 $69,720 Increase funds to reflect an adjustment in PeopleSoft billings. $4,088 $4,088 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($6,015) ($6,015) Reduce funds for operating expenses. ($164,050) ($328,100) Reduce funds for contractual services. ($1,119,230) ($2,238,460) Provide funds to expand efforts to identify inappropriate and medically unnecessary service utilization. $2,000,000 $4,000,000 Provide funds for consulting contracts to assess the managed care program. $400,000 $800,000 3396 JOURNAL OF THE SENATE Provide funds for the federally mandated implementation of expanded diagnosis and procedure codes for Medicaid billing. Transfer funds for the Office of Health Information Technology and Transparency from the Departmental Administration and Program Support program to the Health Care Access and Improvement program to align budget with program purpose. The Department of Community Health, pursuant to O.C.G.A. 49-4-142.1, is hereby authorized to submit a request to the United States Department of Health and Human Services for Medicare and Medicaid Services for a waiver pursuant to Section 1115 of the federal Social Security Act. (CC:YES) Amount appropriated in this Act $1,663,396 $16,633,960 ($494,460) ($494,460) $0 $0 $67,136,937 $347,341,330 17.2. Health Care Access and Improvement Purpose: 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 Funds $28,865,580 Federal Funds and Grants $588,838 Medical Assistance Program $416,250 Federal Funds Not Specifically Identified $172,588 State Funds $7,317,234 State General Funds $7,317,234 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,104,116 $6,792,954 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $37,756 $37,756 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $50,504 $50,504 Reflect an adjustment in the workers' compensation premium. $7,114 $7,114 Reflect an adjustment in unemployment insurance premiums. $1,666 $1,666 Increase funds for general liability premiums. $5,015 $5,015 TUESDAY, MARCH 27, 2012 3397 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds for health planning from the Health Care Access and Improvement program to the Healthcare Facility Regulation program. Reduce one-time funds for Federally Qualified Health Centers. Reflect federal funds for development and implementation of a health information project. Provide state funds for the distribution of federal Medicaid Incentive Program (MIP) payments to providers adopting electronic health records, and reflect federal matching funds. Transfer funds for the Office of Health Information Technology and Transparency from the Departmental Administration and Program Support program to the Health Care Access and Improvement program to align budget with program purpose. Provide funding to Area Health Education Centers (AHEC) to increase ongoing housing resources available to support community-based training of medical students completing third and fourth year medical school core clerkships and rural/primary care electives. Provide start-up funds for new Federally Qualified Community Health Centers (FQHC) in Whitfield County and Randolph County. (CC:Provide start-up funds for three new FQHCs from the 2012 Georgia Association for Primary Health Care priority list.) Provide funds to the Southeastern Firefighters' Burn Foundation, Inc. Amount appropriated in this Act ($428) ($1,026,719) ($1,000,000) $0 $1,150,000 $494,460 $693,750 $750,000 $50,000 $7,317,234 ($428) ($1,126,719) ($1,000,000) $7,941,462 $14,168,046 $494,460 $693,750 $750,000 $50,000 $28,865,580 17.3. Healthcare Facility Regulation Purpose: The purpose of this appropriation is to inspect and license long term care and health care facilities. Total Funds $15,686,046 Federal Funds and Grants $8,461,900 Medical Assistance Program $2,939,995 Federal Funds Not Specifically Identified $5,521,905 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $7,124,146 State General Funds $7,124,146 3398 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 (HB78) $5,903,750 $14,365,650 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $69,965 $69,965 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $123,712 $123,712 Transfer funds for health planning from the Health Care Access and Improvement program to the Healthcare Facility Regulation program. $1,026,719 $1,126,719 Amount appropriated in this Act $7,124,146 $15,686,046 17.4. Indigent Care Trust Fund Purpose: The purpose of this appropriation is to 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 $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 17.5. Medicaid: Aged, Blind and Disabled Purpose: 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 for nursing homes pursuant to Article 6A. Total Funds $4,492,744,766 Federal Funds and Grants $2,760,665,590 Medical Assistance Program $2,757,878,376 Federal Funds Not Specifically Identified $2,787,214 Other Funds $68,842,988 Agency Funds $62,342,988 Prior Year Funds - Other $6,500,000 State Funds $1,395,947,556 Hospital Provider Payment $25,488,041 TUESDAY, MARCH 27, 2012 3399 Nursing Home Provider Fees $157,444,961 State General Funds $1,213,014,554 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: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,338,992,813 $4,301,550,820 Provide funds for growth in Medicaid. $19,435,473 $56,679,712 Increase funds to reflect a decrease in the Federal Medical $9,039,313 $0 Assistance Percentage (FMAP) from 65.95% to 65.71%. Increase Nursing Home Provider Fees to reflect preliminary projection of FY 2013 revenue. $35,563 $103,712 Reflect savings from increased efforts to identify ($8,103,598) ($23,632,540) inappropriate and medically unnecessary service utilization. Provide funds to round copays down to the nearest whole or half dollar. $1,451,485 $4,232,969 Provide funds to maintain provider rates and remove the 0.5% provider rate cut. $1,539,444 $4,521,128 Increase the Nursing Home Provider Fee and use funds to update to the 2009 cost report. (CC:Increase the Nursing Home Provider Fee and state funds to update the nursing home reimbursement rates to the 2010 cost report.) $30,046,962 $87,626,019 Reflect federal funds from the Balancing Incentive Payment program and invest in Medicaid long-term services and supports. $0 $19,086,355 Reflect single-dose vial reimbursement in the physician office setting. (CC:Effective January 1, 2013, implement a wastage policy to reimburse for cancer treatment singledose vials administered in the physician office.) $1,200,000 $3,499,563 Provide funds for 50 Independent Care Waiver Program (ICWP) slots. $810,101 $2,362,499 Increase federal funds to reflect the increase in specific immunization codes and evaluation and management codes to match the Medicare fee schedule. $0 $32,340,076 Increase funds to update nursing home fair rental value system to account for the RS Means Construction Index. $1,500,000 $4,374,453 Amount appropriated in this Act $1,395,947,556 $4,492,744,766 3400 JOURNAL OF THE SENATE 17.6. Medicaid: Low-Income Medicaid Purpose: The purpose of this appropriation is to provide healthcare access primarily to lowincome individuals. Total Funds $3,314,151,014 Federal Funds and Grants $2,170,012,694 Medical Assistance Program $2,170,012,694 Other Funds $23,303,933 Agency Funds $12,328,316 Prior Year Funds - Other $10,975,617 State Funds $1,107,417,540 Hospital Provider Payment $208,186,737 State General Funds $789,037,546 Tobacco Settlement Funds $110,193,257 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 (HB78) $939,577,761 $2,778,341,500 Restore funds to maintain 12 months of care management organization (CMO) capitation payments. $75,612,649 $217,841,109 Increase funds to reflect projected benefit expense. $3,028,251 $8,831,295 Reflect preliminary projection of FY 2013 Hospital Provider $11,163,979 $32,557,536 Payment revenue. Restore funds reduced from Low Income Medicaid in FY 2012. $77,555,551 $223,438,637 Increase funds to reflect a decrease in the Federal Medical $7,904,988 $0 Assistance Percentage (FMAP) from 65.95% to 65.71%. Replace $8,000,000 in state general funds with Tobacco Settlement Funds. (G:YES) (CC:YES) $0 $0 Provide funds to round copays down to the nearest whole or half dollar. $360,465 $1,051,225 Provide funds to maintain provider rates and remove the 0.5% provider rate cut. $3,189,513 $9,367,144 Reduce funds to reflect anticipated FY 2012 reserves. ($10,975,617) $0 Increase federal funds to reflect the increase in specific immunization codes and evaluation and management codes to match the Medicare fee schedule. $0 $42,722,568 Amount appropriated in this Act $1,107,417,540 $3,314,151,014 TUESDAY, MARCH 27, 2012 3401 17.7. PeachCare Purpose: The purpose of this appropriation is to provide health insurance coverage for qualified low-income Georgia children. Total Funds $330,076,596 Federal Funds and Grants $250,346,470 State Children's Insurance Program $250,346,470 State Funds $79,578,343 Hospital Provider Payment $1,627,249 State General Funds $77,951,094 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 (HB78) $55,439,478 $231,777,738 Increase funds to maintain 12 months of Care Management Organization (CMO) payments. $6,576,280 $27,094,273 Increase funds for projected benefits expense. $3,791,481 $15,797,838 Provide funds for projected enrollment increase from removing the PeachCare eligibility exemption for qualifying children of state employees. $8,027,728 $33,448,867 Increase funds to reflect a decrease in the federal financial $475,979 $0 participation rate from 76.17% to 76.00%. Provide funds for a provider rate increase to ensure provider access for newly eligible and enrolled children of state employees. $4,688,225 $19,534,271 Provide funds to round copays down to the nearest whole or half dollar. $229,550 $956,458 Provide funds to maintain provider rates and remove the 0.5% provider rate cut. $349,622 $1,467,151 Amount appropriated in this Act $79,578,343 $330,076,596 17.8. State Health Benefit Plan Purpose: 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 Funds $2,987,734,959 Intra-State Government Transfers $2,987,734,959 Health Insurance Payments $2,987,734,959 3402 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 (HB78) $0 $3,084,954,412 Reflect revenue from increased per member per month billings for non-certificated school service personnel from $246.20 to $296.20, effective September 2011. $0 $41,541,769 Increase per member per month billings for non-certificated school service personnel from $296.20 to $446.20, effective July 2012. $0 $114,106,407 Increase employer funding to the State Health Benefit Plan. $0 $68,956,408 Reflect updated revenue and expense projections. $0 ($116,306,875) Identify additional plan design and/or revenue strategies to cover projected FY 2013 expense. (CC:Identify additional plan design and/or revenue strategies to cover projected FY 2013 expenditures, with increases in employee premiums not to exceed ten percent.) $0 ($62,619,460) Reflect savings from second year of EnGAgement wellness program implementation. $0 ($28,968,166) Eliminate the bariatric surgery benefit. (CC:Restore the bariatric surgery benefit for Plan Year 2013, which begins January 1, 2013.) $0 ($1,750,000) Implement a tobacco cessation program. $0 $2,800,000 Reflect reduced expenses by offering Tricare supplement plan to SHBP members who are former military personnel. $0 ($3,600,000) Reflect reduced expense from the transition of eligible members to PeachCare. $0 ($32,000,000) Reflect expense savings from implementing a mandatory specialty drugs benefit. $0 ($3,817,392) Reflect expense savings from implementing a voluntary mail order program for maintenance drugs. $0 ($1,581,792) Reflect expense savings from decreasing reimbursement rate for out-of-network providers. $0 ($33,100,000) Reflect savings from implementing tiers for prescriptions in the HRA plan. $0 ($68,968,374) Reflect savings from eliminating the vision benefit in the HMO plan. $0 ($4,722,689) Reflect savings from plan design changes in the Medicare Advantage plans. $0 ($2,989,289) Increase employee premiums 6.2% due to increased costs as a result of the requirements of the Patient Protection and Affordable Care Act (PPACA). $0 $35,800,000 TUESDAY, MARCH 27, 2012 3403 Implement direct billing for employer contributions for certificated personnel by setting a per member per month contribution that generates revenue equivalent to the percent of payroll amount. (G:YES) (CC:YES) Amount appropriated in this Act $0 $0 $0 $2,987,734,959 The following appropriations are for agencies attached for administrative purposes. 17.9. Georgia Board for Physician Workforce: Board Administration Purpose: The purpose of this appropriation is to provide administrative support to all agency programs. Total Funds $685,128 State Funds $685,128 State General Funds $685,128 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $654,416 $654,416 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $7,847 $7,847 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $10,212 $10,212 Reflect an adjustment in telecommunications expenses. ($229) ($229) Reflect an adjustment in the workers' compensation premium. $3,130 $3,130 Reflect an adjustment in unemployment insurance premiums. $733 $733 Increase funds for general liability premiums. $2,207 $2,207 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($188) ($188) Transfer funds within the Georgia Board for Physician Workforce from Administration to the Physicians for Rural Areas program. ($40,000) ($40,000) Provide funding for an operations analyst position. $47,000 $47,000 Amount appropriated in this Act $685,128 $685,128 17.10. Georgia Board for Physician Workforce: Graduate Medical Education Purpose: 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 Funds $8,917,518 3404 JOURNAL OF THE SENATE State Funds $8,917,518 State General Funds $8,917,518 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,878,358 $7,878,358 Maximize federal participation for Graduate Medical Education programs. (G:YES) (CC:YES) $0 $0 Provide funding for nine new residents at Houston Medical Center. $185,895 $185,895 Provide "bridge funds" to support new Primary Care Graduate Medical Education expansion programs with funding gaps, to include the Southwest Georgia Consortium and Gwinnett Medical Center. $853,265 $853,265 Amount appropriated in this Act $8,917,518 $8,917,518 17.11. Georgia Board for Physician Workforce: Mercer School of Medicine Grant Purpose: 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 Funds $20,969,911 State Funds $20,969,911 State General Funds $20,969,911 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $20,169,911 $20,169,911 Provide funds to continue class size expansion and to align per capita funding to other GA medical schools. $800,000 $800,000 Amount appropriated in this Act $20,969,911 $20,969,911 17.12. Georgia Board for Physician Workforce: Morehouse School of Medicine Grant Purpose: 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 Funds $10,671,474 State Funds $10,671,474 State General Funds $10,671,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3405 Amount from prior Appropriation Act (HB78) Amount appropriated in this Act State Funds $10,671,474 $10,671,474 Total Funds $10,671,474 $10,671,474 17.13. Georgia Board for Physician Workforce: Physicians for Rural Areas Purpose: The purpose of this appropriation is to ensure an adequate supply of physicians in rural areas of the state, and to provide a program of aid to promising medical students. Total Funds $830,000 State Funds $830,000 State General Funds $830,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $790,000 $790,000 Transfer funds within the Georgia Board for Physician Workforce from Administration to the Physicians for Rural Areas program. $40,000 $40,000 Amount appropriated in this Act $830,000 $830,000 17.14. Georgia Board for Physician Workforce: Undergraduate Medical Education Purpose: 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 Funds $2,731,636 State Funds $2,731,636 State General Funds $2,731,636 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,731,636 $2,731,636 Amount appropriated in this Act $2,731,636 $2,731,636 17.15. Georgia Composite Medical Board Purpose: The purpose of this appropriation is to license qualified applicants as physicians, physician's assistants, residency trainees, 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 Funds $2,146,154 3406 JOURNAL OF THE SENATE Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $2,046,154 State General Funds $2,046,154 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,967,046 $2,067,046 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $25,207 $25,207 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $44,194 $44,194 Reflect an adjustment in telecommunications expenses. ($1,333) ($1,333) Reflect an adjustment in the workers' compensation premium. $8,537 $8,537 Reflect an adjustment in unemployment insurance premiums. $1,999 $1,999 Increase funds for general liability premiums. $6,017 $6,017 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($513) ($513) Reduce funds for rent. (CC:Reduce funds for personal services.) ($5,000) ($5,000) Amount appropriated in this Act $2,046,154 $2,146,154 Section 18: Corrections, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $1,153,216,125 $3,598,119 $3,598,119 $18,469,922 $18,469,922 $1,121,908,791 $1,121,908,791 $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. TUESDAY, MARCH 27, 2012 3407 Total Funds $6,155,728 Other Funds $7,046 Other Funds - Not Specifically Identified $7,046 State Funds $6,148,682 State General Funds $6,148,682 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,005,846 $6,012,892 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $52,182 $52,182 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $79,837 $79,837 Reflect an adjustment in telecommunications expenses. $5,386 $5,386 Reflect an adjustment in the workers' compensation premium. $11,144 $11,144 Reflect an adjustment in unemployment insurance premiums. ($556) ($556) Increase funds to reflect an adjustment in PeopleSoft billings. $679 $679 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($5,836) ($5,836) Amount appropriated in this Act $6,148,682 $6,155,728 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 18.3. Departmental Administration Purpose: 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 Funds $36,735,936 Federal Funds and Grants $70,555 Federal Funds Not Specifically Identified $70,555 Other Funds $598,273 3408 JOURNAL OF THE SENATE Other Funds - Not Specifically Identified $598,273 State Funds $36,067,108 State General Funds $36,067,108 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $50,685,350 $51,354,178 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $507,532 $507,532 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $760,692 $760,692 Reflect an adjustment in telecommunications expenses. $223,338 $223,338 Reflect an adjustment in the workers' compensation premium. $64,449 $64,449 Reflect an adjustment in unemployment insurance premiums. ($3,212) ($3,212) Increase funds for general liability premiums. $3,761,159 $3,761,159 Increase funds to reflect an adjustment in PeopleSoft billings. $3,847 $3,847 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($33,073) ($33,073) Transfer funds for the Georgia Enterprise Technology Services (GETS) contract to Offender Management, Probation Supervision, and State Prisons to better align budget with expenditures. ($5,450,000) ($5,450,000) Transfer funds and 22 positions to Probation Supervision to ($1,942,573) ($1,942,573) align budget to the appropriate program. Transfer funds and 151 positions to State Prisons to align budget to the appropriate program. ($12,685,401) ($12,685,401) Provide funds to implement a front-end sentencing risk assessment. $175,000 $175,000 Amount appropriated in this Act $36,067,108 $36,735,936 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 $29,118,074 Federal Funds and Grants $252,380 Federal Funds Not Specifically Identified $252,380 TUESDAY, MARCH 27, 2012 3409 Other Funds $450,000 Other Funds - Not Specifically Identified $450,000 State Funds $28,399,203 State General Funds $28,399,203 Intra-State Government Transfers $16,491 Other Intra-State Government Payments $16,491 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $27,449,792 $28,168,663 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $358,970 $358,970 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $530,196 $530,196 Reflect an adjustment in telecommunications expenses. $30,966 $30,966 Reflect an adjustment in the workers' compensation premium. $57,064 $57,064 Reflect an adjustment in unemployment insurance premiums. ($2,829) ($2,829) Increase funds to reflect an adjustment in PeopleSoft billings. $3,286 $3,286 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($28,242) ($28,242) Amount appropriated in this Act $28,399,203 $29,118,074 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 $28,788,770 Federal Funds and Grants $1,069,721 Federal Funds Not Specifically Identified $1,069,721 Other Funds $200,000 Other Funds - Not Specifically Identified $200,000 State Funds $27,519,049 State General Funds $27,519,049 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $27,375,116 $28,644,837 3410 JOURNAL OF THE SENATE Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Annualize conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. Amount appropriated in this Act $17,779 $25,045 $2,914 $3,281 ($160) ($1,744) $96,818 $27,519,049 $17,779 $25,045 $2,914 $3,281 ($160) ($1,744) $96,818 $28,788,770 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 $206,883,766 Other Funds $5,390,000 Other Funds - Not Specifically Identified $5,390,000 State Funds $201,493,766 State General Funds $201,493,766 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. State Funds $202,554,271 $151,039 $237,807 $2,586 $28,763 ($1,434) Total Funds $207,944,271 $151,039 $237,807 $2,586 $28,763 ($1,434) TUESDAY, MARCH 27, 2012 3411 Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Annualize conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. Recognize savings from the opening of the Bostick facility for medically fragile offenders. Amount appropriated in this Act $1,819 ($15,630) $334,545 ($1,800,000) $201,493,766 $1,819 ($15,630) $334,545 ($1,800,000) $206,883,766 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 $42,350,127 Other Funds $30,000 Other Funds - Not Specifically Identified $30,000 State Funds $42,320,127 State General Funds $42,320,127 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. State Funds $42,040,243 $50,350 $66,295 $10,743 $6,527 ($238) $500 ($4,293) Total Funds $42,070,243 $50,350 $66,295 $10,743 $6,527 ($238) $500 ($4,293) 3412 JOURNAL OF THE SENATE Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures. Amount appropriated in this Act $150,000 $150,000 $42,320,127 $42,350,127 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 $5,209,205 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 $4,796,705 State General Funds $4,796,705 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,620,927 $5,033,427 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $67,024 $67,024 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $98,894 $98,894 Reflect an adjustment in telecommunications expenses. $4,664 $4,664 Reflect an adjustment in the workers' compensation premium. $11,146 $11,146 Reflect an adjustment in unemployment insurance premiums. ($556) ($556) Increase funds to reflect an adjustment in PeopleSoft billings. $710 $710 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($6,104) ($6,104) Amount appropriated in this Act $4,796,705 $5,209,205 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 $134,908,024 State Funds $134,908,024 TUESDAY, MARCH 27, 2012 3413 State General Funds $134,908,024 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $99,634,010 $99,634,010 Annualize the cost of the private prison expansion (2,650 beds). (CC:Annualize and maximize the cost of the private prison expansion.) $35,274,014 $35,274,014 Increase funds to begin utilizing the Irwin County Detention $0 $0 Center to reduce county jail backlog issues. (CC:As necessary utilize private holding facilities, including Irwin County Detention Center, to reduce county jail backlog.) Amount appropriated in this Act $134,908,024 $134,908,024 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, as well as support the Georgia Commission on Family Violence. Total Funds $97,778,890 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $97,678,890 State General Funds $97,678,890 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. State Funds $89,353,763 $1,209,449 $1,843,977 $209,403 $184,219 ($9,188) $11,707 Total Funds $89,453,763 $1,209,449 $1,843,977 $209,403 $184,219 ($9,188) $11,707 3414 JOURNAL OF THE SENATE Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds for the Georgia Enterprise Technology Services (GETS) contract from Departmental Administration to better align budget with expenditures. Transfer funds and 22 positions from Departmental Administration to align budget to the appropriate program. Transfer funds and five positions from Clemency Decisions of the State Board of Pardons and Paroles to implement a joint call service center. Amount appropriated in this Act ($100,623) $2,800,000 $1,942,573 $233,610 $97,678,890 ($100,623) $2,800,000 $1,942,573 $233,610 $97,778,890 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 offenders back into society; and to provide fire services and work details to the Department, state agencies, and local communities. Total Funds $527,883,156 Federal Funds and Grants $2,197,963 Federal Funds Not Specifically Identified $2,197,963 Other Funds $11,289,603 Other Funds - Not Specifically Identified $11,289,603 State Funds $505,172,788 State General Funds $505,172,788 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: State Funds Total Funds Amount from prior Appropriation Act (HB78) $467,149,934 $489,860,302 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $6,295,033 $6,295,033 Increase funds to reflect an adjustment in the employer share $8,760,308 of the Employees' Retirement System. $8,760,308 Reflect an adjustment in telecommunications expenses. $389,720 $389,720 Reflect an adjustment in the workers' compensation premium. $1,221,667 $1,221,667 TUESDAY, MARCH 27, 2012 3415 Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds and 104 positions from Transition Centers to align budget with expenditures. Transfer funds and 151 positions from Departmental Administration to align budget to the appropriate program. Annualize conversion of three Pre-Release Centers (PRCs) to Residential Substance Abuse Treatment Centers (RSATs) to provide 600 additional treatment beds for incarcerated offenders. Transfer funds for the GETS contract from Departmental Administration to better align budget with expenditures. Amount appropriated in this Act ($61,373) $71,156 ($649,020) $1,529,318 $12,685,401 $5,280,644 $2,500,000 $505,172,788 ($61,373) $71,156 ($649,020) $1,529,318 $12,685,401 $5,280,644 $2,500,000 $527,883,156 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 $27,807,725 State Funds $27,807,725 State General Funds $27,807,725 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $28,390,954 $28,390,954 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $355,786 $355,786 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $525,443 $525,443 Reflect an adjustment in telecommunications expenses. $28,930 $28,930 Reflect an adjustment in the workers' compensation premium. $76,874 $76,874 Reflect an adjustment in unemployment insurance premiums. ($3,837) ($3,837) Increase funds to reflect an adjustment in PeopleSoft billings. $4,886 $4,886 3416 JOURNAL OF THE SENATE Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds and 104 positions to State Prisons to align budget with expenditures. Amount appropriated in this Act ($41,993) ($41,993) ($1,529,318) ($1,529,318) $27,807,725 $27,807,725 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 $66,965,013 $51,383,750 $51,383,750 $6,448,566 $1,443,213 $5,005,353 $9,101,329 $9,101,329 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 $1,738,394 Federal Funds and Grants $594,059 Federal Funds Not Specifically Identified $594,059 State Funds $1,144,335 State General Funds $1,144,335 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. State Funds $1,152,780 $15,430 $7,585 $46,399 $462 $36 $206 Total Funds $1,746,839 $15,430 $7,585 $46,399 $462 $36 $206 TUESDAY, MARCH 27, 2012 3417 Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services. Reduce funds for regular operating expenses. Realize savings from holding one position vacant. Amount appropriated in this Act $4,055 ($369) ($30,816) ($7,856) ($43,577) $1,144,335 $4,055 ($369) ($30,816) ($7,856) ($43,577) $1,738,394 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 $52,713,681 Federal Funds and Grants $41,523,275 Federal Funds Not Specifically Identified $41,523,275 Other Funds $6,448,566 Agency Funds $1,443,213 Other Funds - Not Specifically Identified $5,005,353 State Funds $4,710,472 State General Funds $4,710,472 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,542,956 $52,546,165 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $36,428 $36,428 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $76,341 $76,341 Reflect an adjustment in the workers' compensation premium. $6,391 $6,391 Reflect an adjustment in unemployment insurance premiums. $498 $498 Increase funds for general liability premiums. $2,735 $2,735 Increase funds to reflect an adjustment in PeopleSoft billings. $239 $239 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($5,116) ($5,116) 3418 JOURNAL OF THE SENATE Provide funding for the Military Interstate Compact. Amount appropriated in this Act $50,000 $4,710,472 $50,000 $52,713,681 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 $12,512,938 Federal Funds and Grants $9,266,416 Federal Funds Not Specifically Identified $9,266,416 State Funds $3,246,522 State General Funds $3,246,522 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,166,690 $12,433,106 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $32,547 $32,547 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $43,096 $43,096 Reflect an adjustment in the workers' compensation premium. $5,117 $5,117 Reflect an adjustment in unemployment insurance premiums. $398 $398 Increase funds for general liability premiums. $2,219 $2,219 Increase funds to reflect an adjustment in PeopleSoft billings. $552 $552 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($4,097) ($4,097) Amount appropriated in this Act $3,246,522 $12,512,938 Section 20: Driver Services, Department of Total Funds Other Funds Agency Funds State Funds State General Funds $62,224,805 $2,844,121 $2,844,121 $59,380,684 $59,380,684 TUESDAY, MARCH 27, 2012 3419 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 $9,613,894 Other Funds $500,857 Agency Funds $500,857 State Funds $9,113,037 State General Funds $9,113,037 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $8,941,118 $9,441,975 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $75,882 $75,882 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $106,781 $106,781 Reflect an adjustment in telecommunications expenses. $122,376 $122,376 Reflect an adjustment in the workers' compensation premium. ($19,693) ($19,693) Reflect an adjustment in unemployment insurance premiums. $4,691 $4,691 Increase funds for general liability premiums. $55,263 $55,263 Increase funds to reflect an adjustment in PeopleSoft billings. $12,380 $12,380 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($6,939) ($6,939) Reduce funds for personal services. ($178,822) ($178,822) Amount appropriated in this Act $9,113,037 $9,613,894 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 $51,262,207 Other Funds $1,827,835 Agency Funds $1,827,835 State Funds $49,434,372 State General Funds $49,434,372 3420 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 (HB78) $47,277,449 $49,105,284 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $400,808 $400,808 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $564,022 $564,022 Reflect an adjustment in telecommunications expenses. $657,826 $657,826 Reflect an adjustment in the workers' compensation premium. ($104,022) ($104,022) Reflect an adjustment in unemployment insurance premiums. $24,777 $24,777 Increase funds for general liability premiums. $0 $0 Increase funds to reflect an adjustment in PeopleSoft billings. $0 $0 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($36,651) ($36,651) Provide funds for 22 examiners and implementation costs associated with Real ID. $797,856 $797,856 Reduce funds for operations. ($147,693) ($147,693) Amount appropriated in this Act $49,434,372 $51,262,207 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; and to certify ignition interlock device providers. Total Funds $1,348,704 Other Funds $515,429 Agency Funds $515,429 State Funds $833,275 State General Funds $833,275 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $834,966 $1,350,395 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $7,086 $7,086 TUESDAY, MARCH 27, 2012 3421 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce contractual services for the Online Certification Reporting Application (OCRA). Amount appropriated in this Act $9,972 $0 ($1,839) $438 $0 $0 ($648) ($16,700) $833,275 $9,972 $0 ($1,839) $438 $0 $0 ($648) ($16,700) $1,348,704 Section 21: Early Care and Learning, Department of Total Funds Federal Funds and Grants Child Care and Development Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds $680,036,004 $320,827,966 $199,360,143 $121,467,823 $2,639,250 $2,510,000 $129,250 $354,061,853 $298,602,245 $55,459,608 21.1. Child Care Services Purpose: 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 Funds $233,334,751 Federal Funds and Grants $175,360,143 Child Care and Development Block Grant $175,360,143 Other Funds $2,515,000 Agency Funds $2,510,000 Other Funds - Not Specifically Identified $5,000 State Funds $55,459,608 3422 JOURNAL OF THE SENATE State General Funds $55,459,608 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer the Child Care Services program from the Department of Human Services. Reduce operating expenses. Amount appropriated in this Act State Funds $1,187,817 $19,283 $27,810 ($2,102) $54,234,300 ($7,500) $55,459,608 Total Funds $8,042,699 $19,283 $27,810 ($2,102) $225,254,561 ($7,500) $233,334,751 21.2. Nutrition Purpose: 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 Funds $121,100,000 Federal Funds and Grants $121,100,000 Federal Funds Not Specifically Identified $121,100,000 21.3. Pre-Kindergarten Program Purpose: 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 Funds $298,970,068 Federal Funds and Grants $367,823 Federal Funds Not Specifically Identified $367,823 State Funds $298,602,245 Lottery Funds $298,602,245 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3423 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Increase the school year by ten days and provide funding for 84,000 slots. Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Fund operating for 170 days of instruction and nine professional learning days. Reduce start-up and program costs associated with fewer slots. Reduce administrative costs. Amount appropriated in this Act State Funds $300,632,586 $49,088 $55,071 $569 $4,046 $26 $6,442 $1,274 ($2,712,051) $565,194 $893,485 ($854,000) ($39,485) $298,602,245 Total Funds $301,000,409 $49,088 $55,071 $569 $4,046 $26 $6,442 $1,274 ($2,712,051) $565,194 $893,485 ($854,000) ($39,485) $298,970,068 21.4. Quality Initiatives Purpose: 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 Funds $26,631,185 Federal Funds and Grants $24,000,000 Child Care and Development Block Grant $24,000,000 Other Funds $124,250 Other Funds - Not Specifically Identified $124,250 Section 22: Economic Development, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified $41,590,240 $909,400 $909,400 3424 JOURNAL OF THE SENATE Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds $63,520 $43,150 $20,370 $40,617,320 $33,779,876 $6,837,444 22.1. Business Recruitment and Expansion Purpose: 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 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 (HB78) $7,708,241 $7,708,241 Consolidate the Business Recruitment and Expansion program into the Global Commerce program and transfer funds and 42 positions. ($7,608,241) ($7,608,241) Reduce funds for personal services and eliminate one vacant position. ($100,000) ($100,000) Amount appropriated in this Act $0 $0 22.2. Departmental Administration Purpose: 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 Funds $4,084,586 Other Funds $126 Other Funds - Not Specifically Identified $126 State Funds $4,084,460 State General Funds $4,084,460 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,996,523 $3,996,649 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $41,153 $41,153 TUESDAY, MARCH 27, 2012 3425 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for regular operating expenses. Provide funds for telecommunications. Reduce funds for personal services. Reduce funds for marketing. (CC:Reduce funds.) Amount appropriated in this Act $63,861 $231 ($26,998) $10,327 $7,123 $3,940 ($2,408) ($30,320) $150,000 ($28,972) ($100,000) $4,084,460 $63,861 $231 ($26,998) $10,327 $7,123 $3,940 ($2,408) ($30,320) $150,000 ($28,972) ($100,000) $4,084,586 22.3. Film, Video, and Music Purpose: 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 Funds $955,165 State Funds $955,165 State General Funds $955,165 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,010,892 $1,010,892 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $8,279 $8,279 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $11,556 $11,556 Reflect an adjustment in telecommunications expenses. $18 $18 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($580) ($580) Reduce funds for marketing. ($75,000) ($75,000) Amount appropriated in this Act $955,165 $955,165 3426 JOURNAL OF THE SENATE 22.4. 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 $1,238,089 Federal Funds and Grants $659,400 Federal Funds Not Specifically Identified $659,400 State Funds $578,689 State General Funds $578,689 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $574,268 $1,233,668 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $5,035 $5,035 Reflect an adjustment in the workers' compensation premium. $977 $977 Reflect an adjustment in unemployment insurance premiums. ($2,449) ($2,449) Increase funds for general liability premiums. $858 $858 Amount appropriated in this Act $578,689 $1,238,089 22.5. Global Commerce Purpose: The purpose of this appropriation is to promote Georgia as a state that is appealing to businesses along with being competitive in the international trade market; recruit, retain, and expand businesses in Georgia through a network of statewide and regional project managers, foreign and domestic marketing, and participation in Georgia Allies; help develop international markets for Georgia products and attract international companies to the state through business and trade missions, foreign advertising, a network of overseas offices and representatives, and by providing international technical and educational assistance to businesses. Total Funds $10,292,005 State Funds $10,292,005 State General Funds $10,292,005 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 TUESDAY, MARCH 27, 2012 3427 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Consolidate the Business Recruitment and Expansion into the Global Commerce program and transfer funds and 42 positions. Consolidate the International Relations and Trade program into the Global Commerce program and transfer funds and 11 positions. Provide funds for two project managers and operating expenses for the China office. (CC:YES) Amount appropriated in this Act $75,487 $111,643 $725 ($5,638) $7,608,241 $2,101,547 $400,000 $10,292,005 $75,487 $111,643 $725 ($5,638) $7,608,241 $2,101,547 $400,000 $10,292,005 22.6. Innovation and Technology Purpose: 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 Funds $14,597,266 Federal Funds and Grants $250,000 Federal Funds Not Specifically Identified $250,000 State Funds $14,347,266 State General Funds $7,509,822 Tobacco Settlement Funds $6,837,444 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $13,634,805 $13,884,805 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $7,989 $7,989 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $10,470 $10,470 Reflect an adjustment in telecommunications expenses. $48 $48 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($497) ($497) Reduce the contract for Georgia Research Alliance. ($90,047) ($90,047) 3428 JOURNAL OF THE SENATE Provide contract funds to Georgia Research Alliance for two Eminent Scholars. Provide contract funds to Georgia Research Alliance for the Distinguished Investigator Program. Reduce funds for Distinguished Cancer Clinicians and Scientists to fund only existing obligations. Transfer the Herty Advanced Materials Development Center program from Economic Development to Board of Regents, University System of Georgia. (G:YES) (CC:YES) Amount appropriated in this Act $1,500,000 $116,000 ($831,502) $0 $14,347,266 $1,500,000 $116,000 ($831,502) $0 $14,597,266 22.7. International Relations and Trade Purpose: 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 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 (HB78) $2,101,547 $2,101,547 Consolidate the International Relations and Trade program into the Global Commerce program and transfer funds and 11 positions. ($2,101,547) ($2,101,547) Amount appropriated in this Act $0 $0 22.8. Small and Minority Business Development Purpose: 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 Funds $937,104 Other Funds $20,244 Other Funds - Not Specifically Identified $20,244 State Funds $916,860 State General Funds $916,860 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $896,415 $916,659 TUESDAY, MARCH 27, 2012 3429 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for equipment. Amount appropriated in this Act $11,018 $15,207 $66 ($746) ($5,100) $916,860 $11,018 $15,207 $66 ($746) ($5,100) $937,104 22.9. Tourism Purpose: 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 Funds $9,310,394 State Funds $9,310,394 State General Funds $9,310,394 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $9,590,993 $9,590,993 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $56,057 $56,057 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $81,223 $81,223 Reflect an adjustment in telecommunications expenses. $729 $729 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($6,135) ($6,135) Reduce funds for personal services and eliminate two filled positions. ($152,640) ($152,640) Reduce funds for marketing. ($75,000) ($75,000) Eliminate state funding support for the Georgia Historical Society. (CC:Reduce funding for the Georgia Historical Society.) ($20,000) ($20,000) Eliminate state funding support for the Bainbridge Welcome Center. (CC:Reduce funding for the Bainbridge Welcome Center.) ($80,000) ($80,000) Reduce operating expenses. ($80,000) ($80,000) 3430 JOURNAL OF THE SENATE Amount appropriated in this Act $9,310,394 $9,310,394 The following appropriations are for agencies attached for administrative purposes. 22.10. Payments to Georgia Medical Center Authority Purpose: The purpose of this appropriation is to provide operating funds for the Georgia Medical Center Authority. Total Funds $175,631 Other Funds $43,150 Agency Funds $43,150 State Funds $132,481 State General Funds $132,481 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $175,000 $175,000 Reflect an adjustment in the workers' compensation premium. $631 $631 Replace state funds with other funds for operating expenses. ($43,150) $0 Amount appropriated in this Act $132,481 $175,631 Section 23: Education, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $8,904,053,030 $1,679,798,355 $1,679,798,355 $4,620,465 $4,620,465 $7,168,032,040 $7,168,032,040 The formula calculation for Quality Basic Education funding assumes a base unit cost of $2,744.80. In addition, all local school system allotments for Quality Basic Education shall be made in accordance with funds appropriated by this Act. 23.1. Agricultural Education Purpose: 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 Funds $7,774,827 TUESDAY, MARCH 27, 2012 3431 Federal Funds and Grants $124,318 Federal Funds Not Specifically Identified $124,318 State Funds $7,650,509 State General Funds $7,650,509 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,727,787 $7,852,105 Reduce funds for operating expenses for Extended Day/Year ($82,254), Area Teacher ($21,794), Young Farmers ($39,076), and Youth Camps ($49,164). ($77,278) ($77,278) Amount appropriated in this Act $7,650,509 $7,774,827 23.2. Central Office Purpose: The purpose of this appropriation is to provide administrative support to the State Board of Education, Departmental programs, and local school systems. Total Funds $93,465,569 Federal Funds and Grants $60,985,311 Federal Funds Not Specifically Identified $60,985,311 Other Funds $2,179,129 Other Funds - Not Specifically Identified $2,179,129 State Funds $30,301,129 State General Funds $30,301,129 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $29,052,221 $92,216,661 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $346,799 $346,799 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $377,338 $377,338 Reflect an adjustment in telecommunications expenses. $24,082 $24,082 Reflect an adjustment in the workers' compensation premium. ($26,155) ($26,155) Reflect an adjustment in unemployment insurance premiums. $14,420 $14,420 Increase funds for general liability premiums. $46,413 $46,413 Increase funds to reflect an adjustment in PeopleSoft billings. $49,650 $49,650 3432 JOURNAL OF THE SENATE Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide additional funds for strategic professional development focused on reading in kindergarten through third grade. Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Redirect funds from School Nurses to Central Office for a statewide nursing coordinator based on recommendations by the State Education Finance Study Commission. Reduce funds for operating expenses. (CC:Reduce funds.) Increase funds for the American Association of Adapted Sports Programs. Amount appropriated in this Act ($53,053) $396,824 $62,590 $120,000 ($150,000) $40,000 $30,301,129 ($53,053) $396,824 $62,590 $120,000 ($150,000) $40,000 $93,465,569 23.3. Charter Schools Purpose: 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 Funds $7,550,021 Federal Funds and Grants $5,556,475 Federal Funds Not Specifically Identified $5,556,475 State Funds $1,993,546 State General Funds $1,993,546 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,148,300 $7,704,775 Reduce funds for planning grants. ($34,973) ($34,973) Reduce funds for facility grants. ($119,781) ($119,781) Redirect remaining planning grants ($40,000) to fund two consultants to work with charter schools. (CC:YES) $0 $0 Amount appropriated in this Act $1,993,546 $7,550,021 23.4. Communities in Schools Purpose: 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 Funds $933,100 State Funds $933,100 TUESDAY, MARCH 27, 2012 3433 State General Funds $933,100 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $933,100 $933,100 Amount appropriated in this Act $933,100 $933,100 23.5. Curriculum Development Purpose: 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 Funds $1,232,744 State Funds $1,232,744 State General Funds $1,232,744 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,002,800 $1,002,800 Reduce funds for operating expenses. ($20,056) ($20,056) Provide funds for the Global Initiatives Program. $250,000 $250,000 Amount appropriated in this Act $1,232,744 $1,232,744 23.6. Federal Programs Purpose: The purpose of this appropriation is to coordinate federally funded programs and allocate federal funds to school systems. Total Funds $1,025,153,992 Federal Funds and Grants $973,551,822 Federal Funds Not Specifically Identified $973,551,822 23.7. Georgia Learning Resources System (GLRS) Purpose: 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 Funds $12,565,793 Federal Funds and Grants $12,565,793 Federal Funds Not Specifically Identified $12,565,793 23.8. Georgia Virtual School Purpose: The purpose of this appropriation is to expand the accessibility and breadth of course offerings so that Georgia students can recover credits, access supplementary 3434 JOURNAL OF THE SENATE resources, enhance their studies, or earn additional credits in a manner not involving on-site interaction with a teacher. Total Funds $5,724,169 Other Funds $1,018,214 Other Funds - Not Specifically Identified $1,018,214 State Funds $4,705,955 State General Funds $4,705,955 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,792,820 $5,811,034 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $3,743 $3,743 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $4,073 $4,073 Reduce funds for operating expenses. ($95,856) ($95,856) Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $1,175 $1,175 Amount appropriated in this Act $4,705,955 $5,724,169 23.9. Georgia Youth Science and Technology Purpose: 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 Funds $144,000 State Funds $144,000 State General Funds $144,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $144,000 $144,000 Amount appropriated in this Act $144,000 $144,000 23.10. Governor's Honors Program Purpose: 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 Funds $959,839 State Funds $959,839 TUESDAY, MARCH 27, 2012 3435 State General Funds $959,839 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $962,908 $962,908 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $2,621 $2,621 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $2,852 $2,852 Reduce funds for operating expenses. ($9,258) ($9,258) Reflect an adjustment in the employer share of the Teachers' $716 Retirement System from 10.28% to 11.41%. $716 Amount appropriated in this Act $959,839 $959,839 23.11. Information Technology Services Purpose: The purpose of this appropriation is to 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 (HB78) $3,321,803 $3,321,803 Amount appropriated in this Act $3,321,803 $3,321,803 23.12. Non Quality Basic Education Formula Grants Purpose: The purpose of this appropriation is to fund specific initiatives including: children in residential education facilities and sparsity grants. Total Funds $6,462,668 State Funds $6,462,668 State General Funds $6,462,668 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) State Funds $16,867,421 Total Funds $16,867,421 3436 JOURNAL OF THE SENATE Reduce funds for Residential Treatment Centers ($76,628), Sparsity Grants ($53,700), and Georgia Special Needs Scholarships ($207,020). Transfer funds for Georgia Special Needs Scholarships to the Quality Basic Education Program. Reflect changes in the program purpose statement. (G:YES) (CC:YES) Amount appropriated in this Act ($260,720) ($10,144,033) $0 $6,462,668 ($260,720) ($10,144,033) $0 $6,462,668 23.13. Nutrition Purpose: 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 Funds $597,481,435 Federal Funds and Grants $574,888,212 Federal Funds Not Specifically Identified $574,888,212 State Funds $22,593,223 State General Funds $22,593,223 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $23,119,188 $47,756,489 Reduce funds for the school lunch program. ($525,965) ($525,965) Reflect federal fund receipts. $0 $550,250,911 Amount appropriated in this Act $22,593,223 $597,481,435 23.14. Preschool Handicapped Purpose: The purpose of this appropriation is to provide early educational services to threeand four-year-old students with disabilities so that they enter school better prepared to succeed. Total Funds $28,412,355 State Funds $28,412,355 State General Funds $28,412,355 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $27,891,099 $27,891,099 Reflect actual earnings. $521,256 $521,256 Amount appropriated in this Act $28,412,355 $28,412,355 TUESDAY, MARCH 27, 2012 3437 23.15. Pupil Transportation Purpose: 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 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 (HB78) $130,310,693 $130,310,693 Reduce funds for pupil transportation. ($2,606,214) ($2,606,214) Transfer funds for Pupil Transportation to the Quality Basic ($127,704,479) ($127,704,479) Education Program. Amount appropriated in this Act $0 $0 23.16. Quality Basic Education Equalization Purpose: The purpose of this appropriation is to provide additional financial assistance to local school systems ranking below the statewide average 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: State Funds Total Funds Amount from prior Appropriation Act (HB78) $436,158,587 $436,158,587 Reflect revised Equalization earnings for Troup County $0 $0 Public Schools ($500,000) and reduce funds for Clinch County Public Schools ($70,450) based on errors in data submission. (CC:Reallocate equalization earnings based on corrected data from Troup County and Clinch County and fund equalization at $439,939,189 in AFY 2013.) Amount appropriated in this Act $436,158,587 $436,158,587 23.17. Quality Basic Education Local Five Mill Share Purpose: 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 Funds ($1,697,504,730) State Funds ($1,697,504,730) State General Funds ($1,697,504,730) 3438 JOURNAL OF THE SENATE 23.18. Quality Basic Education Program Purpose: 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 Funds $8,183,012,037 State Funds $8,183,012,037 State General Funds $8,183,012,037 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,816,655,183 $7,816,655,183 Provide an increase based on 0.36% enrollment growth ($58,686,542) and for training and experience ($55,770,353). (CC:Adjust based on actual enrollment and include $6,746,857 increase to Special Needs Scholarships.) $112,482,890 $112,482,890 Provide differentiated pay for newly certified math and science teachers. $2,326,870 $2,326,870 Provide a grant to the State Special Charter Schools. $8,647,953 $8,647,953 Transfer funds for Nutrition ($15,788,068), Pupil Transportation ($127,704,479), and School Nurses ($30,071,158) into the Quality Basic Education Program. (CC:Transfer funds for Pupil Transportation ($127,704,479) and School Nurses ($29,951,158) into the Quality Basic Education Program.) $157,655,637 $157,655,637 Reflect an adjustment in the employer share of the Teachers' $72,319,865 $72,319,865 Retirement System from 10.28% to 11.41%. Transfer funds for Georgia Special Needs Scholarships to the Quality Basic Education Program. $10,144,033 $10,144,033 Reflect Governor's recommendation to remove funding for charter system grants. (CC:Reflect $3,449,086 in base funding for charter system grants and increase funds for new systems; forward fund $3,449,086 to hold other systems harmless.) $2,779,606 $2,779,606 Amount appropriated in this Act $8,183,012,037 $8,183,012,037 23.19. Regional Education Service Agencies (RESAs) Purpose: 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 Funds $8,510,812 TUESDAY, MARCH 27, 2012 3439 State Funds $8,510,812 State General Funds $8,510,812 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Reduce funds for Educational Technology Centers ($60,487) and RESAs' core services ($110,939). Amount appropriated in this Act State Funds $8,571,299 ($60,487) $8,510,812 Total Funds $8,571,299 ($60,487) $8,510,812 23.20. School Improvement Purpose: 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 Funds $5,199,064 State Funds $5,199,064 State General Funds $5,199,064 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,161,681 $5,161,681 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $61,724 $61,724 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $67,159 $67,159 Reduce funds for operating expenses. ($100,734) ($100,734) Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $9,234 $9,234 Amount appropriated in this Act $5,199,064 $5,199,064 23.21. School Nurses Purpose: The purpose of this appropriation is to provide funding for school nurses who provide health procedures for students at school. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3440 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Transfer funds for School Nurses to the Quality Basic Education Program. (CC:YES) Provide funds for School Nurses based on recommendations by the State Education Finance Study Commission. (CC:Redirect $120,000 to Central Office to fund statewide nursing coordinator based on recommendations by the State Education Finance Study Commission.) Amount appropriated in this Act State Funds $26,399,520 ($29,951,158) $3,551,638 $0 Total Funds $26,399,520 ($29,951,158) $3,551,638 $0 23.22. Severely Emotional Disturbed (SED) Purpose: 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 Funds $65,085,900 Federal Funds and Grants $2,972,895 Federal Funds Not Specifically Identified $2,972,895 State Funds $62,113,005 State General Funds $62,113,005 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $64,275,760 $67,248,655 Adjust funding based on declining enrollment. (CC:Adjust based on actual earnings and retirement rate increase.) ($2,162,755) ($2,162,755) Amount appropriated in this Act $62,113,005 $65,085,900 23.23. State Interagency Transfers Purpose: The purpose of this appropriation is to pass through funding for special education services in other state agencies, teachers' retirement, and vocational funding for the postsecondary vocational education agency. Total Funds $24,956,767 Federal Funds and Grants $16,458,804 Federal Funds Not Specifically Identified $16,458,804 State Funds $8,497,963 State General Funds $8,497,963 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3441 Amount from prior Appropriation Act (HB78) Reflect changes in the program purpose statement. (G:YES) (CC:YES) Amount appropriated in this Act State Funds $8,497,963 $0 $8,497,963 Total Funds $24,956,767 $0 $24,956,767 23.24. State Schools Purpose: The purpose of this appropriation is to prepare sensory-impaired and multidisabled students to become productive citizens by providing a learning environment addressing their academic, vocational, and social development. Total Funds $25,667,246 Other Funds $1,423,122 Other Funds - Not Specifically Identified $1,423,122 State Funds $24,244,124 State General Funds $24,244,124 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $23,379,119 $24,802,241 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $302,119 $302,119 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $328,724 $328,724 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $43,405 $43,405 Provide funding for Training and Experience. $190,757 $190,757 Amount appropriated in this Act $24,244,124 $25,667,246 23.25. Technology/Career Education Purpose: 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 Funds $30,072,075 Federal Funds and Grants $16,012,923 Federal Funds Not Specifically Identified $16,012,923 State Funds $14,059,152 State General Funds $14,059,152 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3442 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Reduce funds for the Extended Day/Year Program. (CC:Reduce operating expenses by one percent.) Amount appropriated in this Act State Funds $14,201,164 ($142,012) Total Funds $30,214,087 ($142,012) $14,059,152 $30,072,075 23.26. Testing Purpose: The purpose of this appropriation is to administer the statewide student assessment program and provide related testing instruments and training to local schools. Total Funds $30,161,011 Federal Funds and Grants $16,681,802 Federal Funds Not Specifically Identified $16,681,802 State Funds $13,479,209 State General Funds $13,479,209 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $13,573,504 $30,255,306 Reduce funds for student testing. ($271,470) ($271,470) Provide funds for one AP exam for free/reduced lunch students. $177,175 $177,175 Amount appropriated in this Act $13,479,209 $30,161,011 23.27. Tuition for Multi-handicapped Purpose: 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 Funds $1,551,946 State Funds $1,551,946 State General Funds $1,551,946 Section 24: Employees' Retirement System Total Funds Other Funds Agency Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $46,974,065 $3,346,650 $3,346,650 $26,432,022 $26,432,022 $17,195,393 $17,195,393 TUESDAY, MARCH 27, 2012 3443 It is the intent of the General Assembly that the employer contribution rate for the Employees' Retirement System shall not exceed 14.9% for New Plan employees and 10.15% for Old Plan employees. For the GSEPS employees, the employer contribution rate shall not exceed 11.54% 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 $621.31 per member for State Fiscal Year 2013. It is the intent of the General Assembly to fund HB 250, HB 542, SB 286, HB 295, HB 337, HB 424, HB 635, HB 183 and SB 246 (2012 Session). 24.1. Deferred Compensation Purpose: 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 Funds $3,346,650 Other Funds $3,346,650 Agency Funds $3,346,650 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Decrease other funds for personal services to reflect funding needs. Amount appropriated in this Act State Funds $0 $0 $0 Total Funds $3,346,840 ($190) $3,346,650 24.2. Georgia Military Pension Fund Purpose: The purpose of this appropriation is to provide retirement allowances and other benefits for members of the Georgia National Guard. Total Funds $1,703,022 State Funds $1,703,022 State General Funds $1,703,022 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,281,784 $1,281,784 Increase funds for the annual required contribution in accordance with the most recent actuarial valuation. $421,238 $421,238 Amount appropriated in this Act $1,703,022 $1,703,022 3444 JOURNAL OF THE SENATE 24.3. Public School Employees Retirement System Purpose: 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 Funds $24,729,000 State Funds $24,729,000 State General Funds $24,729,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $15,884,000 $15,884,000 Increase funds for the annual required contribution in accordance with the most recent actuarial valuation. $8,945,000 $8,945,000 Increase funds for SB 246 (2012 Session) as required by the actuary, and adjust employer contribution rate from $621.31 to $618.81 per member. (CC:YES) ($100,000) ($100,000) Amount appropriated in this Act $24,729,000 $24,729,000 24.4. System Administration Purpose: 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 Funds $17,195,393 Intra-State Government Transfers $17,195,393 Retirement Payments $17,195,393 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $16,889,336 Increase other funds for personal services ($187,698) and contractual services ($118,359) to reflect an adjustment in the employer rate for the Employees' Retirement System. $0 $306,057 Increase funds for HB 542 (2012 Session) as required by the $0 $0 actuary. (CC:YES) Increase funds for HB 250 (2012 Session) as required by the $0 $0 actuary. (CC:YES) Increase funds for SB 286 (2012 Session) as required by the $0 $0 actuary. (CC:YES) Increase funds for HB 295 (2012 Session) as required by the $0 $0 actuary. (CC:YES) TUESDAY, MARCH 27, 2012 3445 Increase funds for HB 337 (2012 Session) as required by the actuary. (CC:YES) Increase funds for HB 424 (2012 Session) as required by the actuary. (CC:YES) Increase funds for HB 635 (2012 Session) as required by the actuary. (CC:YES) Increase funds for HB 183 (2012 Session) as required by the actuary. (CC:YES) Amount appropriated in this Act $0 $0 $0 $0 $0 $0 $0 $0 $0 $17,195,393 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 Intra-State Government Transfers Other Intra-State Government Payments $43,043,952 $5,754,274 $5,754,274 $6,798,795 $474,661 $6,324,134 $30,440,883 $30,440,883 $50,000 $50,000 25.1. Commission Administration Purpose: The purpose of this appropriation is to administer workforce needs, handle purchasing, accounts receivable and payable, meet information technology needs, and provide oversight that emphasizes customer values and process innovation. Total Funds $3,480,023 Federal Funds and Grants $42,400 Federal Funds Not Specifically Identified $42,400 Other Funds $66,288 Agency Funds $46,016 Other Funds - Not Specifically Identified $20,272 State Funds $3,371,335 State General Funds $3,371,335 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) State Funds $3,273,139 Total Funds $3,381,827 3446 JOURNAL OF THE SENATE Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $35,177 $42,952 ($2,535) ($9,005) $19,757 $4,984 $9,832 ($2,966) $3,371,335 $35,177 $42,952 ($2,535) ($9,005) $19,757 $4,984 $9,832 ($2,966) $3,480,023 25.2. Forest Management Purpose: 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 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 $6,516,477 Federal Funds and Grants $3,331,476 Federal Funds Not Specifically Identified $3,331,476 Other Funds $1,002,832 Agency Funds $428,645 Other Funds - Not Specifically Identified $574,187 State Funds $2,132,169 State General Funds $2,132,169 Intra-State Government Transfers $50,000 Other Intra-State Government Payments $50,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,099,722 $6,484,030 TUESDAY, MARCH 27, 2012 3447 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Eliminate one vacant position. (CC:Reduce funds and maintain position count.) Amount appropriated in this Act $29,131 $78,940 ($594) ($18,305) $3,034 $10,132 ($6,452) ($63,439) $2,132,169 $29,131 $78,940 ($594) ($18,305) $3,034 $10,132 ($6,452) ($63,439) $6,516,477 25.3. Forest Protection Purpose: 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 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 $31,840,372 Federal Funds and Grants $2,246,681 Federal Funds Not Specifically Identified $2,246,681 Other Funds $4,656,312 Other Funds - Not Specifically Identified $4,656,312 State Funds $24,937,379 State General Funds $24,937,379 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $22,993,056 $29,896,049 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $298,723 $298,723 3448 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Delete one-time funds provided in FY 2012 to comply with the narrow banding license requirement of the Federal Communications Commission. Transfer funds and 13 positions from the Georgia Aviation Authority. Amount appropriated in this Act $385,272 ($5,606) ($113,379) $18,930 $62,756 ($39,301) ($146,000) $1,482,928 $24,937,379 $385,272 ($5,606) ($113,379) $18,930 $62,756 ($39,301) ($146,000) $1,482,928 $31,840,372 25.4. Tree Seedling Nursery Purpose: 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 Funds $1,207,080 Federal Funds and Grants $133,717 Federal Funds Not Specifically Identified $133,717 Other Funds $1,073,363 Other Funds - Not Specifically Identified $1,073,363 Section 26: Governor, Office of the Total Funds Federal Funds and Grants Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $174,616,781 $112,189,184 $3,814,350 $108,374,834 $4,823,134 $100,000 $4,723,134 $57,604,463 $57,604,463 TUESDAY, MARCH 27, 2012 3449 There is hereby appropriated to the Office of the Governor the sum of $500,000 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 Protection 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 $22,578,261 State Funds $22,578,261 State General Funds $22,578,261 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Provide for an increase from $18,232,355 to $27,228,603 for the interest payment in the Unemployment Trust Fund loan due September 30, 2012. (CC:Reflect payment based on the revised federal interest rate.) Amount appropriated in this Act State Funds $21,701,931 $876,330 Total Funds $21,701,931 $876,330 $22,578,261 $22,578,261 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 O.C.G.A. 45-7-4 shall be $40,000. Total Funds $6,087,885 Other Funds $100,000 Other Funds - Not Specifically Identified $100,000 State Funds $5,987,885 State General Funds $5,987,885 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,914,065 $6,014,065 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $68,797 $68,797 3450 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for operating expenses. Amount appropriated in this Act $83,414 $10,918 $10,378 $11,430 $11,395 ($4,231) ($118,281) $5,987,885 $83,414 $10,918 $10,378 $11,430 $11,395 ($4,231) ($118,281) $6,087,885 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 budgets, plans, programs, and policies. Total Funds $8,043,611 State Funds $8,043,611 State General Funds $8,043,611 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,888,777 $7,888,777 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $71,788 $71,788 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $100,853 $100,853 Reflect an adjustment in telecommunications expenses. ($187,459) ($187,459) Reflect an adjustment in the workers' compensation premium. $7,727 $7,727 Reflect an adjustment in unemployment insurance premiums. $1,928 $1,928 Increase funds for general liability premiums. $8,434 $8,434 Increase funds to reflect an adjustment in PeopleSoft billings. $9,318 $9,318 Reduce funds for operating expenses. ($157,755) ($157,755) TUESDAY, MARCH 27, 2012 3451 Provide new contract funding for the preparation of legislative fiscal notes. (CC:Provide $200,000 for CVIOG and $100,000 for Georgia State Fiscal Research Center for the preparation of legislative fiscal notes.) Amount appropriated in this Act $300,000 $8,043,611 $300,000 $8,043,611 The following appropriations are for agencies attached for administrative purposes. 26.4. 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 $931,287 Federal Funds and Grants $89,558 Federal Funds Not Specifically Identified $89,558 Other Funds $25 Other Funds - Not Specifically Identified $25 State Funds $841,704 State General Funds $841,704 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce regular operating expenses based on projected expenditures. Replace state funds with federal funds. Amount appropriated in this Act State Funds $832,892 $9,459 $11,943 $1,473 $796 $670 $1,129 ($10,508) ($6,150) $841,704 Total Funds $922,475 $9,459 $11,943 $1,473 $796 $670 $1,129 ($10,508) ($6,150) $931,287 3452 JOURNAL OF THE SENATE 26.5. 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 $13,621,668 Federal Funds and Grants $8,215,596 Temporary Assistance for Needy Families Block Grant $3,814,350 Federal Funds Not Specifically Identified $4,401,246 Other Funds $2,500,000 Other Funds - Not Specifically Identified $2,500,000 State Funds $2,906,072 State General Funds $2,906,072 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds available for implementing new Community Strategy grants. Provide funding for final year of community based grants. Amount appropriated in this Act State Funds $1,089,999 $11,994 $10,545 ($915) $4,396 ($6,383) $2,941 ($59,224) $1,852,719 $2,906,072 Total Funds $11,805,595 $11,994 $10,545 ($915) $4,396 ($6,383) $2,941 ($59,224) $1,852,719 $13,621,668 26.6. Emergency Management Agency, Georgia Purpose: The purpose of this appropriation is to provide 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 $32,619,065 Federal Funds and Grants $29,703,182 TUESDAY, MARCH 27, 2012 3453 Federal Funds Not Specifically Identified $29,703,182 Other Funds $807,856 Other Funds - Not Specifically Identified $807,856 State Funds $2,108,027 State General Funds $2,108,027 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,013,369 $32,524,407 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $50,811 $50,811 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $29,852 $29,852 Reflect an adjustment in telecommunications expenses. $36,455 $36,455 Reflect an adjustment in the workers' compensation premium. ($8,525) ($8,525) Reflect an adjustment in unemployment insurance premiums. $3,460 $3,460 Increase funds for general liability premiums. $2,872 $2,872 Reduce the contract for the Civil Air Patrol. ($20,267) ($20,267) Amount appropriated in this Act $2,108,027 $32,619,065 26.7. 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 $880,461 Federal Funds and Grants $407,000 Federal Funds Not Specifically Identified $407,000 State Funds $473,461 State General Funds $473,461 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $473,351 $880,351 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $7,942 $7,942 3454 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funding for personal services. Amount appropriated in this Act $9,551 ($12,178) $1,791 $1,323 $1,148 ($9,467) $473,461 $9,551 ($12,178) $1,791 $1,323 $1,148 ($9,467) $880,461 26.8. 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 $6,367,278 Federal Funds and Grants $411,930 Federal Funds Not Specifically Identified $411,930 Other Funds $500 Other Funds - Not Specifically Identified $500 State Funds $5,954,848 State General Funds $5,954,848 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Eliminate one position due to retirement. Reduce funds for contractual services. State Funds $5,839,020 $80,063 $101,043 ($3,054) $16,244 $6,486 $11,826 ($101,618) ($15,162) Total Funds $6,251,450 $80,063 $101,043 ($3,054) $16,244 $6,486 $11,826 ($101,618) ($15,162) TUESDAY, MARCH 27, 2012 3455 Increase funds for additional rent expenses. Amount appropriated in this Act $20,000 $5,954,848 $20,000 $6,367,278 26.9. Governor's Office of Consumer Protection 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 $7,097,318 Other Funds $1,414,753 Agency Funds $100,000 Other Funds - Not Specifically Identified $1,314,753 State Funds $5,682,565 State General Funds $5,682,565 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for operations. Reduce contractual services. Replace state funds with other funds. Transfer 19 positions from the State Personnel Administration for call center support and 1-800-Georgia operations. (G:YES) (CC:YES) Annualize reduction for customer service. Increase appropriation of Lemon Law funds per O.C.G.A. 10-1-791 based on expenditures. (CC:YES) Amount appropriated in this Act State Funds $5,878,953 $56,967 $100,709 ($69,824) $11,282 $5,459 $10,035 ($50,000) ($67,579) ($58,437) $0 ($135,000) $0 $5,682,565 Total Funds $7,193,706 $56,967 $100,709 ($69,824) $11,282 $5,459 $10,035 ($50,000) ($67,579) ($58,437) $0 ($135,000) $100,000 $7,097,318 3456 JOURNAL OF THE SENATE 26.10. Governor's Office of Workforce Development Purpose: The purpose of this appropriation is to improve the job training and marketability of Georgia's workforce. Total Funds $73,361,918 Federal Funds and Grants $73,361,918 Federal Funds Not Specifically Identified $73,361,918 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $5,196,851 Transfer grant funds from the Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act of 1998. (CC:YES) $0 $68,165,067 Amount appropriated in this Act $0 $73,361,918 26.11. 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 $572,486 State Funds $572,486 State General Funds $572,486 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $555,712 $555,712 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $6,831 $6,831 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $11,192 $11,192 Reflect an adjustment in telecommunications expenses. $1,902 $1,902 Reflect an adjustment in the workers' compensation premium. $814 $814 Reflect an adjustment in unemployment insurance premiums. $571 $571 Increase funds for general liability premiums. $715 $715 Reduce operating expenses ($2,351) and computer charges ($2,900). ($5,251) ($5,251) Amount appropriated in this Act $572,486 $572,486 TUESDAY, MARCH 27, 2012 3457 26.12. 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 $2,455,543 State Funds $2,455,543 State General Funds $2,455,543 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $828,189 $828,189 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $13,489 $13,489 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $6,428 $6,428 Reflect an adjustment in telecommunications expenses. $305 $305 Reflect an adjustment in the workers' compensation premium. $685 $685 Reflect an adjustment in unemployment insurance premiums. $711 $711 Increase funds for general liability premiums. $1,001 $1,001 Reduce funds for personal services. ($16,564) ($16,564) Reduce funds for real estate rentals. ($20,000) ($20,000) Provide funds for a reading mentor program. $1,641,299 $1,641,299 Amount appropriated in this Act $2,455,543 $2,455,543 Section 27: Human Services, Department of Total Funds Federal Funds and Grants CCDF Mandatory and Matching Funds Child Care and Development Block Grant Community Service Block Grant Foster Care Title IV-E Low-Income Home Energy Assistance Medical Assistance Program Preventive Health and Health Services Block Grant $1,532,130,928 $970,550,993 $2,508,661 $24,701,907 $17,282,159 $77,146,122 $24,827,737 $62,991,462 $200,470 3458 JOURNAL OF THE SENATE Social Services Block Grant TANF Block Grant - Unobligated Balance Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds Tobacco Settlement Funds Intra-State Government Transfers Medicaid Services Payments - Other Agencies Other Intra-State Government Payments $52,945,653 $9,551,600 $321,190,139 $377,205,083 $56,880,714 $2,841,500 $54,039,214 $491,702,876 $485,511,070 $6,191,806 $12,996,345 $8,500,000 $4,496,345 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 standard of need is $235, and the maximum monthly amount is $155. For an assistance group of two, the standard of need is $356, and the maximum monthly amount is $235. For an assistance group of three, the standard of need is $424, and the maximum monthly amount is $280. For an assistance group of four, the standard of need is $500, and the maximum monthly amount is $330. For an assistance group of five, the standard of need is $573, and the maximum monthly amount is $378. For an assistance group of six, the standard of need is $621, and the maximum monthly amount is $410. For an assistance group of seven, the standard of need is $672, and the maximum monthly amount is $444. For an assistance group of eight, the standard of need is $713, and the maximum monthly amount is $470. For an assistance group of nine, the standard of need is $751, and the maximum monthly amount is $496. For an assistance group of ten, the standard of need is $804, and the maximum monthly amount is $530. For an assistance group of eleven, the standard 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. TUESDAY, MARCH 27, 2012 3459 27.1. Adoptions Services Purpose: 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 Funds $88,607,444 Federal Funds and Grants $54,303,665 Temporary Assistance for Needy Families Block Grant $16,400,000 Federal Funds Not Specifically Identified $37,903,665 Other Funds $46,500 Other Funds - Not Specifically Identified $46,500 State Funds $34,257,279 State General Funds $34,257,279 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funds to reflect change in the federal participation rate from 65.95% to 65.71%. Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Amount appropriated in this Act State Funds $34,059,119 $22,532 $17,177 ($427) $1,086 $2,407 ($1,834) $157,219 $0 $34,257,279 Total Funds $89,166,503 $22,532 $17,177 ($427) $1,086 $2,407 ($1,834) $0 ($600,000) $88,607,444 3460 JOURNAL OF THE SENATE 27.2. After School Care Purpose: The purpose of this appropriation is to expand the provision of after school care services and draw down TANF maintenance of effort funds. Total Funds $15,650,000 Federal Funds and Grants $15,650,000 Temporary Assistance for Needy Families Block Grant $15,500,000 Federal Funds Not Specifically Identified $150,000 27.3. Business Enterprise Program Purpose: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Amount appropriated in this Act State Funds $0 $0 Total Funds $0 $0 27.4. Child Care Licensing Purpose: 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 Funds $2,220,406 Federal Funds and Grants $638,414 Foster Care Title IV-E $638,414 State Funds $1,581,992 State General Funds $1,581,992 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $2,193,862 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $26,544 $26,544 Replace TANF funds in the Child Care Licensing program with state funds to maximize Title IV-E funding. $1,555,448 $2,193,862 TUESDAY, MARCH 27, 2012 3461 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental Grant. Amount appropriated in this Act $0 ($2,193,862) $1,581,992 $2,220,406 27.5. Child Care Services Purpose: 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 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 (HB78) $54,234,300 $225,254,561 Transfer the Child Care Services program to the Department ($54,234,300) ($225,254,561) of Early Care and Learning. Amount appropriated in this Act $0 $0 27.6. Child Support Services Purpose: The purpose of this appropriation is to encourage and enforce the parental responsibility of paying financial support. Total Funds $99,083,589 Federal Funds and Grants $71,240,292 Social Services Block Grant $120,000 Federal Funds Not Specifically Identified $71,120,292 Other Funds $2,841,500 Agency Funds $2,841,500 State Funds $24,606,037 State General Funds $24,606,037 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: Amount from prior Appropriation Act (HB78) State Funds Total Funds $25,142,438 $101,042,356 3462 JOURNAL OF THE SENATE Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Replace state funds with incentive funds for operating expenses in the Child Support Services program. Amount appropriated in this Act $248,431 $653,664 $25,853 ($16,232) $41,316 $91,610 ($69,779) ($1,511,264) $24,606,037 $248,431 $653,664 $25,853 ($16,232) $41,316 $91,610 ($69,779) ($2,933,630) $99,083,589 27.7. Child Welfare Services Purpose: 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 Funds $252,686,570 Federal Funds and Grants $151,667,451 CCDF Mandatory and Matching Funds $189,956 Foster Care Title IV-E $32,844,033 Medical Assistance Program $327,806 Social Services Block Grant $8,264,167 Temporary Assistance for Needy Families Block Grant $80,600,000 Federal Funds Not Specifically Identified $29,441,489 Other Funds $152,208 Other Funds - Not Specifically Identified $152,208 State Funds $92,366,911 State General Funds $92,366,911 Intra-State Government Transfers $8,500,000 Medicaid Services Payments - Other Agencies $8,500,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $89,712,644 $260,864,218 TUESDAY, MARCH 27, 2012 3463 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reclassify TANF Transfers to Social Services Block Grant as TANF. (G:YES) (CC:YES) Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Investigate alternative, standardized reporting mechanisms for DFCS and report findings to the Georgia General Assembly by January 1, 2013. (CC:YES) Amount appropriated in this Act $955,063 $955,063 $1,585,415 $1,585,415 ($39,371) ($39,371) $100,211 $100,211 $222,192 ($169,243) $222,192 ($169,243) $0 $0 $0 ($10,831,915) $0 $0 $92,366,911 $252,686,570 27.8. Child Welfare Services - Special Project 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 $250,000 27.9. Community Services Purpose: 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 Funds $17,189,183 Federal Funds and Grants $17,189,183 Community Service Block Grant $17,189,183 3464 JOURNAL OF THE SENATE 27.10. Departmental Administration Purpose: 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 Funds $98,957,109 Federal Funds and Grants $46,082,541 CCDF Mandatory and Matching Funds $1,118,705 Child Care and Development Block Grant $209,161 Community Service Block Grant $92,976 Foster Care Title IV-E $5,697,821 Low-Income Home Energy Assistance $200,000 Medical Assistance Program $4,548,902 Social Services Block Grant $2,539,375 Temporary Assistance for Needy Families Block Grant $8,095,249 Federal Funds Not Specifically Identified $23,580,352 Other Funds $11,187,482 Other Funds - Not Specifically Identified $11,187,482 State Funds $37,586,501 State General Funds $37,586,501 Intra-State Government Transfers $4,100,585 Other Intra-State Government Payments $4,100,585 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $34,666,911 $99,499,097 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $496,427 $496,427 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $252,088 $252,088 Reflect an adjustment in telecommunications expenses. $9,970 $9,970 Reflect an adjustment in the workers' compensation premium. ($6,260) ($6,260) Reflect an adjustment in unemployment insurance premiums. $15,934 $15,934 Increase funds for general liability premiums. $35,329 $35,329 Increase funds to reflect an adjustment in PeopleSoft billings. $57,615 $57,615 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($26,910) ($26,910) TUESDAY, MARCH 27, 2012 3465 Reduce state funds for regular operating ($173,342), contracts ($266,434) and computer charges ($228,981). Replace other funds with state funds for the Electronic Benefits System (EBT). Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Increase funds for the Liberty County DFCS Office. Amount appropriated in this Act ($668,757) ($933,061) $2,704,154 $2,704,154 $0 ($3,197,274) $50,000 $37,586,501 $50,000 $98,957,109 27.11. Disability Adjudication Section Purpose: The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. 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 (HB78) $0 $0 Amount appropriated in this Act $0 $0 27.12. Division of Rehabilitation Administration Purpose: 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 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 (HB78) $0 $0 Amount appropriated in this Act $0 $0 27.13. Elder Abuse Investigations and Prevention Purpose: 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 Funds $17,785,855 Federal Funds and Grants $3,573,433 Medical Assistance Program $500,000 3466 JOURNAL OF THE SENATE Social Services Block Grant $2,279,539 Federal Funds Not Specifically Identified $793,894 State Funds $14,212,422 State General Funds $14,212,422 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $12,287,841 $17,472,794 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $160,861 $160,861 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $136,954 $136,954 Reflect an adjustment in telecommunications expenses. $5,416 $5,416 Reflect an adjustment in the workers' compensation premium. ($3,401) ($3,401) Reflect an adjustment in unemployment insurance premiums. $8,657 $8,657 Increase funds for general liability premiums. $19,194 $19,194 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($14,620) ($14,620) Provide state funds to replace the loss of civil monetary $1,611,520 $0 penalty funds. Amount appropriated in this Act $14,212,422 $17,785,855 27.14. Elder Community Living Services Purpose: 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 Funds $113,222,242 Federal Funds and Grants $41,435,324 Medical Assistance Program $13,765,259 Social Services Block Grant $3,761,430 Federal Funds Not Specifically Identified $23,908,635 State Funds $71,786,918 State General Funds $66,713,041 Tobacco Settlement Funds $5,073,877 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $71,474,920 $112,910,244 TUESDAY, MARCH 27, 2012 3467 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funds to reflect change in federal participation rate from 65.95% to 65.71%. Use Balancing Incentive Payment Program payments to invest in home and community-based services options in Medicaid. (CC:YES) Amount appropriated in this Act $7,281 $8,357 $330 ($208) $528 $1,171 ($892) $295,431 $0 $71,786,918 $7,281 $8,357 $330 ($208) $528 $1,171 ($892) $295,431 $0 $113,222,242 27.15. Elder Support Services Purpose: 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 Funds $8,720,517 Federal Funds and Grants $5,866,268 Federal Funds Not Specifically Identified $5,866,268 State Funds $2,854,249 State General Funds $1,736,320 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 (HB78) $2,847,024 $8,713,292 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $6,500 $6,500 Reflect an adjustment in telecommunications expenses. $257 $257 Reflect an adjustment in the workers' compensation premium. ($160) ($160) Reflect an adjustment in unemployment insurance premiums. $411 $411 3468 JOURNAL OF THE SENATE Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $911 ($694) $2,854,249 $911 ($694) $8,720,517 27.16. Energy Assistance Purpose: The purpose of this appropriation is to assist low-income households in meeting their immediate home energy needs. Total Funds $25,171,849 Federal Funds and Grants $24,281,180 Low-Income Home Energy Assistance $24,281,180 Other Funds $890,669 Other Funds - Not Specifically Identified $890,669 27.17. Family Violence Services Purpose: 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 Funds $14,085,964 Federal Funds and Grants $2,283,514 Preventive Health and Health Services Block Grant $200,470 Federal Funds Not Specifically Identified $2,083,044 State Funds $11,802,450 State General Funds $11,802,450 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,655,000 $13,786,459 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. $0 ($200,965) Replace TANF funds with state funds. $9,847,450 $0 Provide federal funds for sexual assault centers. $0 $200,470 Increase funds for family violence centers. $300,000 $300,000 Amount appropriated in this Act $11,802,450 $14,085,964 TUESDAY, MARCH 27, 2012 3469 27.18. Federal and Unobligated Balances Purpose: The purpose of this appropriation is to 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: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $8,705,939 Reflect loss of federal funds. $0 ($8,705,939) Amount appropriated in this Act $0 $0 27.19. Federal Eligibility Benefit Services Purpose: 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 Funds $221,241,645 Federal Funds and Grants $107,518,362 Child Care and Development Block Grant $900,000 Foster Care Title IV-E $2,882,030 Low-Income Home Energy Assistance $346,557 Medical Assistance Program $43,127,713 Temporary Assistance for Needy Families Block Grant $19,628,860 Federal Funds Not Specifically Identified $40,633,202 Other Funds $10,234,164 Other Funds - Not Specifically Identified $10,234,164 State Funds $103,489,119 State General Funds $103,489,119 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $99,903,637 $217,656,163 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $1,305,315 $1,305,315 Increase funds to reflect an adjustment in the employer share $1,982,349 of the Employees' Retirement System. $1,982,349 Reflect an adjustment in telecommunications expenses. $141,783 $141,783 Reflect an adjustment in the workers' compensation premium. ($49,228) ($49,228) 3470 JOURNAL OF THE SENATE Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $125,301 $125,301 $277,821 $13,757 $277,821 $13,757 ($211,616) ($211,616) $103,489,119 $221,241,645 27.20. Federal Fund Transfers to Other Agencies Purpose: The purpose of this appropriation is to reflect federal funds received by Department of Human Services to be transferred to other state agencies for eligible expenditures under federal law. Total Funds $86,561,488 Federal Funds and Grants $86,561,488 CCDF Mandatory and Matching Funds $1,200,000 Child Care and Development Block Grant $23,592,746 Social Services Block Grant $35,981,142 Temporary Assistance for Needy Families Block Grant $25,787,600 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $101,860,320 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the Temporary Assistance for Needy Families (TANF) Supplemental grant. $0 ($15,298,832) Amount appropriated in this Act $0 $86,561,488 27.21. Georgia Industries for the Blind Purpose: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3471 Amount from prior Appropriation Act (HB78) Amount appropriated in this Act State Funds $0 $0 Total Funds $0 $0 27.22. Out-of-Home Care Purpose: 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 Funds $194,511,601 Federal Funds and Grants $126,874,488 Foster Care Title IV-E $35,083,824 Temporary Assistance for Needy Families Block Grant $91,734,359 Federal Funds Not Specifically Identified $56,305 State Funds $67,637,113 State General Funds $67,637,113 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Provide funds to reflect change in federal participation rate from 65.95% in FY 2012 to 65.71% in FY 2013. Provide state funds for an increase in out-of-home care utilization. Replace TANF funds with state funds. Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Increase funds for KidsPeace. Amount appropriated in this Act State Funds $59,577,370 $123,530 Total Funds $192,506,547 $0 $3,896,572 $4,976,153 $3,989,641 ($458,517) $0 ($2,562,582) $50,000 $50,000 $67,637,113 $194,511,601 27.23. Refugee Assistance Purpose: The purpose of this appropriation is to provide employment, health screening, medical, cash, and social services assistance to refugees. Total Funds $8,749,006 Federal Funds and Grants $8,749,006 3472 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $8,749,006 27.24. Roosevelt Warm Springs Institute Purpose: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Amount appropriated in this Act State Funds $0 $0 Total Funds $0 $0 27.25. Support for Needy Families - Basic Assistance Purpose: 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 Funds $51,482,361 Federal Funds and Grants $51,382,361 TANF Block Grant - Unobligated Balance $9,551,600 Temporary Assistance for Needy Families Block Grant $41,830,761 State Funds $100,000 State General Funds $100,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $100,000 $52,500,415 Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. $0 ($1,018,054) Relocate DFCS offices to leased space to align facilities with the department's prioritized facility needs for the following counties: Carroll, Glynn, Gwinnett, Fulton and Banks. (CC:YES) $0 $0 Amount appropriated in this Act $100,000 $51,482,361 TUESDAY, MARCH 27, 2012 3473 27.26. Support for Needy Families - Work Assistance Purpose: The purpose of this appropriation is to assist needy Georgian families in achieving 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 $21,725,483 Federal Funds and Grants $21,725,483 Temporary Assistance for Needy Families Block Grant $21,363,310 Federal Funds Not Specifically Identified $362,173 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Realign Temporary Assistance for Needy Families (TANF) funds in Departmental Administration, Adoption Services, Child Care Licensing, Child Welfare Services, Family Violence Services, Federal Funds Transfers to Other Agencies, Out of Home Care, Support for Needy Families Basic Assistance and Support for Needy Families - Work Assistance programs to recognize the federal loss of the TANF Supplemental grant. Amount appropriated in this Act State Funds $0 $0 Total Funds $21,758,483 ($33,000) $0 $21,725,483 27.27. Vocational Rehabilitation Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work. 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 (HB78) $0 $0 Increase funds to maintain reductions for contract funds for $0 $0 specialized services at two percent. (CC:Reflected in Georgia Vocational Rehabilitation Agency.) Reduce funds to eliminate one contract. (CC:Reflected in Georgia Vocational Rehabilitation Agency.) $0 $0 Increase funds for the Speech, Hearing, and Rehabilitation Enterprise of Coastal Georgia Inc. contract. (CC:Reflected in Georgia Vocational Rehabilitation Agency.) $0 $0 Amount appropriated in this Act $0 $0 3474 JOURNAL OF THE SENATE The following appropriations are for agencies attached for administrative purposes. 27.28. Council On Aging Purpose: 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 Funds $205,127 State Funds $205,127 State General Funds $205,127 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $198,052 $198,052 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $3,259 $3,259 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $3,816 $3,816 Amount appropriated in this Act $205,127 $205,127 27.29. Family Connection Purpose: The purpose of this appropriation is to provide a statewide network of county collaboratives that work to improve conditions for children and families. Total Funds $9,754,007 Federal Funds and Grants $721,782 Medical Assistance Program $721,782 State Funds $9,032,225 State General Funds $9,032,225 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Reduce funds for contractual services. Reduce county collaborative contracts. Replace Temporary Assistance for Needy Families (TANF) funds with state funds. Amount appropriated in this Act State Funds $7,992,066 ($19,921) ($139,920) $1,200,000 $9,032,225 Total Funds $9,933,769 ($39,842) ($139,920) $0 $9,754,007 TUESDAY, MARCH 27, 2012 3475 27.30. Georgia Vocational Rehabilitation Agency Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work. Total Funds $0 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Amount appropriated in this Act State Funds $0 $0 Total Funds $0 $0 27.31. Georgia Vocational Rehabilitation Agency: Business Enterprise Program Purpose: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. Total Funds $2,233,740 Federal Funds and Grants $1,966,085 Federal Funds Not Specifically Identified $1,966,085 State Funds $267,655 State General Funds $267,655 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Transfer funds and 20 positions from the Department of Labor for administering the Business Enterprise Program. $267,655 $2,233,740 Amount appropriated in this Act $267,655 $2,233,740 27.32. Georgia Vocational Rehabilitation Agency: Departmental Administration Purpose: 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 Funds $3,736,937 Federal Funds and Grants $2,335,411 Federal Funds Not Specifically Identified $2,335,411 State Funds $1,401,526 State General Funds $1,401,526 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 3476 JOURNAL OF THE SENATE Transfer funds and 45 positions from the Department of Labor for administering the Division of Rehabilitation Administration. Amount appropriated in this Act $1,401,526 $3,736,937 $1,401,526 $3,736,937 27.33. Georgia Vocational Rehabilitation Agency: Disability Adjudication Section Purpose: The purpose of this appropriation is to 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 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Transfer funds and 569 positions from the Department of Labor to process applications for federal disability programs. $0 $55,598,820 Amount appropriated in this Act $0 $55,598,820 27.34. Georgia Vocational Rehabilitation Agency: Georgia Industries for the Blind Purpose: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. Total Funds $11,828,888 Other Funds $11,828,888 Other Funds - Not Specifically Identified $11,828,888 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Transfer funds, 20 positions, and 15 motor vehicles from the Department of Labor for administering the Georgia Industries for the Blind program. $0 $11,828,888 Amount appropriated in this Act $0 $11,828,888 27.35. Georgia Vocational Rehabilitation Agency: Roosevelt Warm Springs Institute Purpose: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. Total Funds $31,366,429 Federal Funds and Grants $6,989,289 TUESDAY, MARCH 27, 2012 3477 Federal Funds Not Specifically Identified $6,989,289 Other Funds $18,893,087 Other Funds - Not Specifically Identified $18,893,087 State Funds $5,484,053 State General Funds $5,484,053 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Transfer funds, 491 positions, and 44 vehicles from the Department of Labor for administering the Roosevelt Warm Springs Institute. $5,484,053 $31,366,429 Amount appropriated in this Act $5,484,053 $31,366,429 27.36. Georgia Vocational Rehabilitation Agency: Vocational Rehabilitation Program Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work. Total Funds $79,504,668 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 $13,031,299 State General Funds $13,031,299 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $0 Transfer funds, 779 positions, and 12 motor vehicles for administering the Vocational Rehabilitation program. $12,851,140 $79,324,509 Maintain reductions in contracts for specialized services at two percent. $180,159 $180,159 Reduce funds to eliminate one contract. ($54,145) ($54,145) Increase funds for Speech, Hearing, and Rehabilitation Enterprise of Coastal Georgia Inc. contract. $54,145 $54,145 Amount appropriated in this Act $13,031,299 $79,504,668 Section 28: Insurance, Office of the Commission of Total Funds $21,191,813 3478 JOURNAL OF THE SENATE Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds State General Funds $2,126,966 $2,126,966 $97,232 $81,806 $15,426 $18,967,615 $18,967,615 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 $1,699,506 State Funds $1,699,506 State General Funds $1,699,506 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,647,774 $1,647,774 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $26,329 $26,329 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $29,664 $29,664 Reflect an adjustment in telecommunications expenses. ($294) ($294) Reflect an adjustment in the workers' compensation premium. ($4,984) ($4,984) Reflect an adjustment in unemployment insurance premiums. $1,824 $1,824 Increase funds for general liability premiums. $1,475 $1,475 Increase funds to reflect an adjustment in PeopleSoft billings. $320 $320 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($2,602) ($2,602) Amount appropriated in this Act $1,699,506 $1,699,506 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. TUESDAY, MARCH 27, 2012 3479 Total Funds $743,485 State Funds $743,485 State General Funds $743,485 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $723,693 $723,693 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $8,635 $8,635 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $13,029 $13,029 Reflect an adjustment in telecommunications expenses. ($129) ($129) Reflect an adjustment in the workers' compensation premium. ($2,189) ($2,189) Reflect an adjustment in unemployment insurance premiums. $801 $801 Increase funds for general liability premiums. $648 $648 Increase funds to reflect an adjustment in PeopleSoft billings. $140 $140 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,143) ($1,143) Amount appropriated in this Act $743,485 $743,485 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 $8,623,416 Federal Funds and Grants $1,123,107 Federal Funds Not Specifically Identified $1,123,107 Other Funds $97,232 Agency Funds $81,806 Other Funds - Not Specifically Identified $15,426 State Funds $7,403,077 State General Funds $7,403,077 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3480 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds and 63 positions from the Department of Labor to the Commissioner of Insurance for safety inspections. Amount appropriated in this Act State Funds $3,977,002 $51,860 $71,598 ($710) ($12,030) $4,403 $3,559 $772 ($6,281) $3,312,904 $7,403,077 Total Funds $5,028,789 $51,860 $71,598 ($710) ($12,030) $4,403 $3,559 $772 ($6,281) $3,481,456 $8,623,416 28.4. Industrial Loan Purpose: 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 Funds $646,000 State Funds $646,000 State General Funds $646,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $628,338 $628,338 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $7,975 $7,975 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $11,312 $11,312 Reflect an adjustment in telecommunications expenses. ($112) ($112) Reflect an adjustment in the workers' compensation premium. ($1,901) ($1,901) TUESDAY, MARCH 27, 2012 3481 Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $696 $562 $122 ($992) $646,000 $696 $562 $122 ($992) $646,000 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 $6,041,694 Federal Funds and Grants $1,003,859 Federal Funds Not Specifically Identified $1,003,859 State Funds $5,037,835 State General Funds $5,037,835 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,210,480 $6,214,339 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $70,938 $70,938 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $93,805 $93,805 Reflect an adjustment in telecommunications expenses. ($930) ($930) Reflect an adjustment in the workers' compensation premium. ($15,761) ($15,761) Reflect an adjustment in unemployment insurance premiums. $5,768 $5,768 Increase funds for general liability premiums. $4,663 $4,663 Increase funds to reflect an adjustment in PeopleSoft billings. $1,012 $1,012 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($8,229) ($8,229) Reduce personal services by eliminating two vacant positions. (CC:Maintain position count.) ($101,450) ($101,450) 3482 JOURNAL OF THE SENATE Reduce computer charges by removing one-time funding for upgrades. Remove one-time funding appropriated in FY 2012. (CC:Reflect in the Special Fraud program.) Amount appropriated in this Act ($222,461) $0 $5,037,835 ($222,461) $0 $6,041,694 28.6. Special Fraud Purpose: The purpose of this appropriation is to identify and take appropriate action to deter insurance fraud. Total Funds $3,437,712 State Funds $3,437,712 State General Funds $3,437,712 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,935,763 $3,935,763 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $41,273 $41,273 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $70,856 $70,856 Reflect an adjustment in telecommunications expenses. ($702) ($702) Reflect an adjustment in the workers' compensation premium. ($11,905) ($11,905) Reflect an adjustment in unemployment insurance premiums. $4,357 $4,357 Increase funds for general liability premiums. $3,522 $3,522 Increase funds to reflect an adjustment in PeopleSoft billings. $764 $764 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($6,216) ($6,216) Remove one-time funding appropriated in HB 78 (2011 Session). ($600,000) ($600,000) Amount appropriated in this Act $3,437,712 $3,437,712 Section 29: Investigation, Georgia Bureau of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds $128,256,527 $27,148,061 $27,148,061 $20,892,198 TUESDAY, MARCH 27, 2012 Other Funds - Not Specifically Identified State Funds State General Funds 3483 $20,892,198 $80,216,268 $80,216,268 29.1. Bureau Administration Purpose: 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 Funds $7,305,139 Federal Funds and Grants $30,000 Federal Funds Not Specifically Identified $30,000 State Funds $7,275,139 State General Funds $7,275,139 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,687,111 $7,717,111 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $92,627 $92,627 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $127,586 $127,586 Reflect an adjustment in the workers' compensation premium. ($13,205) ($13,205) Reflect an adjustment in unemployment insurance premiums. $1,182 $1,182 Increase funds for general liability premiums. $7,736 $7,736 Increase funds to reflect an adjustment in PeopleSoft billings. $1,728 $1,728 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($4,041) ($4,041) Reflect an adjustment in telecommunications expenses. ($625,585) ($625,585) Amount appropriated in this Act $7,275,139 $7,305,139 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. 3484 JOURNAL OF THE SENATE Total Funds $10,314,319 Federal Funds and Grants $181,425 Federal Funds Not Specifically Identified $181,425 Other Funds $3,979,373 Other Funds - Not Specifically Identified $3,979,373 State Funds $6,153,521 State General Funds $6,153,521 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,978,273 $10,150,002 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $71,250 $71,250 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $98,141 $98,141 Reflect an adjustment in the workers' compensation premium. ($10,157) ($10,157) Reflect an adjustment in unemployment insurance premiums. $911 $911 Increase funds for general liability premiums. $5,951 $5,951 Increase funds to reflect an adjustment in PeopleSoft billings. $1,329 $1,329 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($3,108) ($3,108) Transfer funds to Forensic Scientific Services to retain 27 ($989,069) $0 scientific positions previously funded with federal funds and use other funds for program expenses. Amount appropriated in this Act $6,153,521 $10,314,319 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 $26,797,206 Federal Funds and Grants $81,131 Federal Funds Not Specifically Identified $81,131 Other Funds $157,865 TUESDAY, MARCH 27, 2012 3485 Other Funds - Not Specifically Identified $157,865 State Funds $26,558,210 State General Funds $26,558,210 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $22,260,252 $22,499,248 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $279,200 $279,200 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $384,574 $384,574 Reflect an adjustment in the workers' compensation premium. ($39,803) ($39,803) Reflect an adjustment in unemployment insurance premiums. $3,570 $3,570 Increase funds for general liability premiums. $23,319 $23,319 Increase funds to reflect an adjustment in PeopleSoft billings. $5,208 $5,208 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($12,179) ($12,179) Provide $220,000 in state funds and transfer $989,069 from Criminal Justice Information Services to retain 27 scientific positions previously funded with federal funds. (CC:Increase funds.) $1,409,069 $1,409,069 Increase funds to initiate a law enforcement career ladder within Forensic Scientific Services. $1,045,000 $1,045,000 Provide for additional scientists and equipment for drug testing as required by HB 1176 (2012 Session), Criminal Justice Reform for Georgians. $1,200,000 $1,200,000 Amount appropriated in this Act $26,558,210 $26,797,206 29.4. 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 $29,690,254 Federal Funds and Grants $1,240,883 3486 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $1,240,883 Other Funds $204,682 Other Funds - Not Specifically Identified $204,682 State Funds $28,244,689 State General Funds $28,244,689 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $25,918,538 $27,364,103 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $302,887 $302,887 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $417,201 $417,201 Reflect an adjustment in the workers' compensation premium. ($43,180) ($43,180) Reflect an adjustment in unemployment insurance premiums. $3,873 $3,873 Increase funds for general liability premiums. $25,297 $25,297 Increase funds to reflect an adjustment in PeopleSoft billings. $5,650 $5,650 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($13,212) ($13,212) Reduce funds for personal services due to attrition. (CC:Fill $0 $0 and retain positions.) Increase funds to initiate a law enforcement career ladder within Regional Investigative Services. $1,388,400 $1,388,400 Transfer four full-time and one part-time investigator from the Sexual Offender Review Board to Regional Investigative Services. (CC:YES) $239,235 $239,235 Amount appropriated in this Act $28,244,689 $29,690,254 29.5. Sexual Offender Review Board Purpose: The purpose of this appropriation is to protect Georgia's children by identifying convicted sexual offenders that present the greatest risk of sexually reoffending. 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 (HB78) $0 $0 TUESDAY, MARCH 27, 2012 3487 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $0 $0 Increase funds to reflect an adjustment in the employer share $0 $0 of the Employees' Retirement System. Convert two part-time evaluators and one clerk to full-time employees. (CC:Reflect in the Department of Behavioral Health and Developmental Disabilities.) $0 $0 Amount appropriated in this Act $0 $0 The following appropriations are for agencies attached for administrative purposes. 29.6. Criminal Justice Coordinating Council Purpose: The purpose of this appropriation is to improve and coordinate criminal justice efforts throughout Georgia, help create safe and secure communities, and award grants. Total Funds $54,149,609 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 $11,984,709 State General Funds $11,984,709 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $344,347 $42,509,247 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $6,069 $6,069 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $4,155 $4,155 Reflect an adjustment in telecommunications expenses. $2,718 $2,718 Reflect an adjustment in the workers' compensation premium. $731 $731 Reflect an adjustment in unemployment insurance premiums. ($353) ($353) Increase funds for general liability premiums. $247 $247 Reduce funding for temporary labor contracts. ($6,887) ($6,887) 3488 JOURNAL OF THE SENATE Provide funds for a grant program for local entities for new and existing Accountability Courts. (CC:Provide funds and transfer existing Judicial Council grant funds to support new and existing Accountability Courts, as follows: $9,383,682 for felony accountability courts; $1,500,000 for DUI, family, and juvenile courts, and $750,000 for collaborative pilot projects with the Department of Corrections. No administrative fees shall be received by CJCC for administering these funds.) Amount appropriated in this Act $11,633,682 $11,984,709 $11,633,682 $54,149,609 Section 30: Juvenile Justice, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $307,508,388 $1,524,955 $1,524,955 $5,236,299 $5,236,299 $300,747,134 $300,747,134 30.1. Community Services Purpose: 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 Funds $90,485,015 Other Funds $1,724,638 Other Funds - Not Specifically Identified $1,724,638 State Funds $88,760,377 State General Funds $88,760,377 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $28,242,669 $29,616,149 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $674,481 $674,481 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $955,991 $955,991 TUESDAY, MARCH 27, 2012 3489 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Consolidate the Community Supervision program and Community Non-Secure Commitment program into the new Community Services program. Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures. Provide 50 non-secure residential beds. (CC:Provide beds at the Savannah River Challenge Program.) Create 60 new Evening Reporting Center placements. Amount appropriated in this Act $244,486 $7,357 $184,632 ($64,201) $53,264,403 $1,937,059 $2,737,500 $576,000 $88,760,377 $244,486 $7,357 $184,632 ($64,201) $53,615,561 $1,937,059 $2,737,500 $576,000 $90,485,015 30.2. Community Supervision Purpose: 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 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 (HB78) $56,348,348 $56,348,348 Consolidate the Community Supervision program and ($53,264,403) ($53,615,561) Community Non-Secure Commitment program into the new Community Services program. Eliminate one full-time quality assurance specialist position based on workload realignment. ($43,113) ($43,113) Reduce funding for personal services as a result of turnover. ($1,512,400) ($1,512,400) Consolidate six High Intensity Team Supervision (HITS) units based on caseload and eliminate 24 full-time positions. ($944,059) ($944,059) Replace state funds with Targeted Case Management ($351,158) $0 funding. Eliminate two contracted eligibility specialist positions based on current workload. ($48,000) ($48,000) 3490 JOURNAL OF THE SENATE Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures. Eliminate one full-time position due to reorganization. Amount appropriated in this Act ($128,313) ($128,313) ($56,902) $0 ($56,902) $0 30.3. Departmental Administration Purpose: 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 Funds $27,494,052 Federal Funds and Grants $376,837 Federal Funds Not Specifically Identified $376,837 Other Funds $173,045 Other Funds - Not Specifically Identified $173,045 State Funds $26,944,170 State General Funds $26,944,170 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $26,866,077 $27,415,959 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $211,016 $211,016 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $305,917 $305,917 Reflect an adjustment in telecommunications expenses. ($61,511) ($61,511) Reflect an adjustment in the workers' compensation premium. $78,235 $78,235 Reflect an adjustment in unemployment insurance premiums. $2,354 $2,354 Increase funds for general liability premiums. $59,082 $59,082 Increase funds to reflect an adjustment in PeopleSoft billings. $45,761 $45,761 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($20,544) ($20,544) Eliminate one full-time training development specialist position due to reorganization. ($52,160) ($52,160) Reduce training costs based on technological efficiencies. ($70,000) ($70,000) Increase turnover savings. ($31,306) ($31,306) TUESDAY, MARCH 27, 2012 3491 Recognize telecommunications cost efficiencies. Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures. Eliminate one part-time training clerk position based on workload realignment. Eliminate one full-time and three part-time positions based on workload realignment. Amount appropriated in this Act ($500,000) $208,109 ($500,000) $208,109 ($15,299) ($15,299) ($81,561) ($81,561) $26,944,170 $27,494,052 30.4. Secure Commitment (YDCs) Purpose: 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 Funds $84,070,263 Federal Funds and Grants $1,089,360 Federal Funds Not Specifically Identified $1,089,360 Other Funds $1,467,571 Other Funds - Not Specifically Identified $1,467,571 State Funds $81,513,332 State General Funds $81,513,332 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $70,668,678 $73,225,609 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $688,217 $688,217 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $955,991 $955,991 Reflect an adjustment in the workers' compensation premium. $244,485 $244,485 Reflect an adjustment in unemployment insurance premiums. $7,357 $7,357 Increase funds for general liability premiums. $184,631 $184,631 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($64,201) ($64,201) 3492 JOURNAL OF THE SENATE Eliminate 11 full-time administrative positions and part-time Mental Health Clerks and three full-time Social Service Provider II positions at Augusta, Macon, and Eastman YDCs. Eliminate two full-time Juvenile Probation and Parole Specialist II positions at Sumter YDC. Eliminate six full-time positions based on workload realignment. Maintain required staff ratio and eliminate four full-time and 16 part-time educational support positions. Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures. Provide funds for two Security Management and Response Teams (SMART). Provide operating expenses for the Atlanta YDC. Amount appropriated in this Act ($225,636) ($86,628) ($91,650) ($310,137) $729,400 $1,049,241 $7,763,584 $81,513,332 ($225,636) ($86,628) ($91,650) ($310,137) $729,400 $1,049,241 $7,763,584 $84,070,263 30.5. Secure Detention (RYDCs) Purpose: 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 Funds $105,459,058 Federal Funds and Grants $58,758 Federal Funds Not Specifically Identified $58,758 Other Funds $1,871,045 Other Funds - Not Specifically Identified $1,871,045 State Funds $103,529,255 State General Funds $103,529,255 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $103,586,391 $105,516,194 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $1,151,868 $1,151,868 Increase funds to reflect an adjustment in the employer share $1,606,065 of the Employees' Retirement System. $1,606,065 TUESDAY, MARCH 27, 2012 3493 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Maintain required staff ratio and eliminate four full-time and 16 part-time educational support positions. Eliminate ten full-time and six part-time clerical positions due to technological efficiencies. Transfer funds from Secure Detention (RYDCs) and Community Supervision to Administration, Community Services, and Secure Commitment (YDCs) to align budget to projected expenditures. Amount appropriated in this Act $410,736 $12,360 $310,181 ($107,857) ($328,874) ($365,360) ($2,746,255) $103,529,255 $410,736 $12,360 $310,181 ($107,857) ($328,874) ($365,360) ($2,746,255) $105,459,058 Section 31: Labor, 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 $136,831,603 $122,284,919 $122,284,919 $14,406,411 $14,406,411 $140,273 $140,273 31.1. Business Enterprise Program Purpose: The purpose of this appropriation is to assist people who are blind in becoming successful contributors to the state's economy. 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 (HB78) $290,261 $2,256,346 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $1,779 $1,779 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $3,715 $3,715 Reflect an adjustment in telecommunications expenses. $140 $140 3494 JOURNAL OF THE SENATE Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for computer charges to reflect projected expenditures. Transfer funds and 20 positions from the Department of Labor to the Department of Human Services for administering the Business Enterprise program. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.) Amount appropriated in this Act ($89) ($89) ($76) ($76) $209 ($284) $209 ($284) ($28,000) ($28,000) ($267,655) ($2,233,740) $0 $0 31.2. Department of Labor Administration Purpose: 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 Funds $33,270,947 Federal Funds and Grants $31,312,292 Federal Funds Not Specifically Identified $31,312,292 State Funds $1,818,382 State General Funds $1,818,382 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: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,781,557 $39,845,766 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $14,634 $14,634 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $22,798 $22,798 Reflect an adjustment in telecommunications expenses. $860 $860 Reflect an adjustment in the workers' compensation premium. ($538) ($538) Reflect an adjustment in unemployment insurance premiums. ($469) ($469) Increase funds for general liability premiums. $1,285 $1,285 TUESDAY, MARCH 27, 2012 3495 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce grant funds to reflect projected expenditures for implementation of the Workforce Investment Act. Amount appropriated in this Act ($1,745) ($1,745) $0 ($6,611,644) $1,818,382 $33,270,947 31.3. Disability Adjudication Section Purpose: The purpose of this appropriation is to efficiently process applications for federal disability programs so that eligible Georgia citizens can obtain support. 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 (HB78) $0 $55,598,820 Transfer funds and 569 positions from the Department of Labor to the Department of Human Services to process applications for federal disability programs. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.) $0 ($55,598,820) Amount appropriated in this Act $0 $0 31.4. Division of Rehabilitation Administration Purpose: 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 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 (HB78) $1,501,585 $4,415,103 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $8,003 $8,003 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $19,216 $19,216 Reflect an adjustment in telecommunications expenses. $724 $724 Increase funds for general liability premiums. $1,082 $1,082 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,471) ($1,471) Transfer funds to the Board of Regents for the Georgia Statewide Consortium of Technology contract and Tools for Life. ($127,613) ($705,720) 3496 JOURNAL OF THE SENATE Transfer funds and 45 positions from the Department of Labor to the Department of Human Services for administering the Division of Rehabilitation Administration. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.) Amount appropriated in this Act ($1,401,526) $0 ($3,736,937) $0 31.5. Georgia Industries for the Blind Purpose: The purpose of this appropriation is to employ people who are blind in manufacturing and packaging facilities in Bainbridge and Griffin. 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 (HB78) $0 $11,828,888 Transfer funds, 20 positions, and 15 motor vehicles from the Department of Labor to the Department of Human Services for administering the Georgia Industries for the Blind program. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.) $0 ($11,828,888) Amount appropriated in this Act $0 $0 31.6. Labor Market Information Purpose: The purpose of this appropriation is to 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 31.7. Roosevelt Warm Springs Institute Purpose: The purpose of this appropriation is to empower individuals with disabilities to achieve personal independence. 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 (HB78) $5,349,131 $31,231,507 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $69,142 $69,142 TUESDAY, MARCH 27, 2012 3497 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds, 491 positions, and 44 vehicles from the Department of Labor to the Department of Human Services for administering the Roosevelt Warm Springs Institute. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.) Amount appropriated in this Act $68,454 $2,580 ($2,072) ($1,800) $3,856 ($5,238) ($5,484,053) $0 $68,454 $2,580 ($2,072) ($1,800) $3,856 ($5,238) ($31,366,429) $0 31.8. Safety Inspections Purpose: 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 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 (HB78) $3,237,422 $3,405,974 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $35,158 $35,158 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $41,430 $41,430 Reflect an adjustment in telecommunications expenses. $1,561 $1,561 Reflect an adjustment in the workers' compensation premium. ($980) ($980) Reflect an adjustment in unemployment insurance premiums. ($851) ($851) Increase funds for general liability premiums. $2,334 $2,334 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($3,170) ($3,170) 3498 JOURNAL OF THE SENATE Transfer funds and 63 positions from the Department of Labor to the Department of Agriculture for safety inspections. (CC:Transfer to the Department of Insurance.) Amount appropriated in this Act ($3,312,904) $0 ($3,481,456) $0 31.9. Unemployment Insurance Purpose: 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 Funds $54,962,877 Federal Funds and Grants $49,173,186 Federal Funds Not Specifically Identified $49,173,186 State Funds $5,789,691 State General Funds $5,789,691 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,789,691 $54,962,877 Utilize existing state funds to pay the Unemployment Trust $0 $0 Fund loan interest and maximize federal funds for program operations. (G:YES) (CC:YES) Amount appropriated in this Act $5,789,691 $54,962,877 31.10. Vocational Rehabilitation Program Purpose: The purpose of this appropriation is to assist people with disabilities so that they may go to work. 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 (HB78) $13,227,143 $79,700,512 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $111,519 $111,519 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $169,271 $169,271 Reflect an adjustment in telecommunications expenses. $6,379 $6,379 Reflect an adjustment in the workers' compensation premium. ($4,002) ($4,002) Reflect an adjustment in unemployment insurance premiums. ($3,481) ($3,481) TUESDAY, MARCH 27, 2012 3499 Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce contract funds for specialized services. Reduce funds for personal services. Transfer funds, 779 positions, and 12 motor vehicles to the Department of Human Services for administering the Vocational Rehabilitation program. (CC:Transfer to the Georgia Vocational Rehabilitation Agency.) Amount appropriated in this Act $9,535 ($12,954) $9,535 ($12,954) ($472,111) ($180,159) ($12,851,140) ($472,111) ($180,159) ($79,324,509) $0 $0 31.11. Workforce Solutions Purpose: The purpose of this appropriation is to assist employers and job seekers with job matching services and to promote economic growth and development. Total Funds $46,347,906 Federal Funds and Grants $39,549,568 Federal Funds Not Specifically Identified $39,549,568 State Funds $6,798,338 State General Funds $6,798,338 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,547,609 $129,337,705 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $97,062 $97,062 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $157,883 $157,883 Reflect an adjustment in telecommunications expenses. $5,950 $5,950 Reflect an adjustment in the workers' compensation premium. ($3,733) ($3,733) Reflect an adjustment in unemployment insurance premiums. ($3,245) ($3,245) Increase funds for general liability premiums. $8,894 $8,894 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($12,082) ($12,082) Reduce federal grant funds to reflect projected grant award and transfer $68,165,067 from the Georgia Department of Labor to the Governor's Office of Workforce Development for implementation of the Workforce Investment Act of 1998. $0 ($83,240,528) 3500 JOURNAL OF THE SENATE Rename the Workforce Development program to Workforce Solutions. (G:YES) (CC:YES) Amount appropriated in this Act $0 $6,798,338 $0 $46,347,906 Section 32: Law, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $59,813,688 $3,597,990 $3,597,990 $37,377,433 $37,377,433 $18,838,265 $18,838,265 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 involved. Total Funds $55,077,929 Other Funds $37,375,322 Other Funds - Not Specifically Identified $37,375,322 State Funds $17,702,607 State General Funds $17,702,607 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $16,657,075 $54,032,397 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $265,146 $265,146 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $399,290 $399,290 Reflect an adjustment in telecommunications expenses. $30,071 $30,071 Reflect an adjustment in the workers' compensation premium. $414 $414 Reflect an adjustment in unemployment insurance premiums. ($8,051) ($8,051) Increase funds for general liability premiums. $54,678 $54,678 Increase funds to reflect an adjustment in PeopleSoft billings. $5,770 $5,770 TUESDAY, MARCH 27, 2012 3501 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Hire two time-limited attorney positions to handle the backlog of cases pertaining to Atlanta Public Schools. Increase funds for one position. Amount appropriated in this Act ($12,068) ($12,068) $205,282 $205,282 $105,000 $17,702,607 $105,000 $55,077,929 32.2. 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 $4,735,759 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 $1,135,658 State General Funds $1,135,658 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,099,842 $4,699,943 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $5,358 $5,358 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $25,870 $25,870 Reflect an adjustment in telecommunications expenses. $1,948 $1,948 Reflect an adjustment in the workers' compensation premium. $27 $27 Reflect an adjustment in unemployment insurance premiums. ($522) ($522) Increase funds for general liability premiums. $3,543 $3,543 Increase funds to reflect an adjustment in PeopleSoft billings. $374 $374 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($782) ($782) Amount appropriated in this Act $1,135,658 $4,735,759 3502 JOURNAL OF THE SENATE Section 33: Natural Resources, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning and Construction Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified Prior Year Funds - Other State Funds State General Funds $254,045,653 $54,114,156 $11,607 $54,102,549 $107,876,398 $57,028,515 $50,743,970 $103,913 $92,055,099 $92,055,099 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 19 of 20 years; last payment being made June 15, 2014 and North Georgia Mountain Authority - $1,653,300 for year 19 of 20 years; last payment being made June 15, 2014. 33.1. Coastal Resources Purpose: 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 Funds $6,695,482 Federal Funds and Grants $4,383,197 Federal Funds Not Specifically Identified $4,383,197 Other Funds $197,795 Other Funds - Not Specifically Identified $197,795 State Funds $2,114,490 State General Funds $2,114,490 TUESDAY, MARCH 27, 2012 3503 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,114,213 $6,695,205 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $29,979 $29,979 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $30,809 $30,809 Reflect an adjustment in telecommunications expenses. $13,600 $13,600 Reflect an adjustment in the workers' compensation premium. ($2,504) ($2,504) Reflect an adjustment in unemployment insurance premiums. $2,582 $2,582 Increase funds for general liability premiums. $3,877 $3,877 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,497) ($1,497) Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations. ($8,375) ($8,375) Reduce funds for personal services to reflect projected expenditures. ($68,194) ($68,194) Amount appropriated in this Act $2,114,490 $6,695,482 33.2. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support for all programs of the department. Total Funds $11,708,339 Federal Funds and Grants $110,000 Federal Funds Not Specifically Identified $110,000 Other Funds $39,065 Other Funds - Not Specifically Identified $39,065 State Funds $11,559,274 State General Funds $11,559,274 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $11,223,156 $11,372,221 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $159,531 $159,531 3504 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations. Reduce funds for personal services and eliminate one filled position. Amount appropriated in this Act $163,948 $72,365 ($13,327) $13,741 $20,632 $31,216 ($7,967) ($8,375) ($95,646) $11,559,274 $163,948 $72,365 ($13,327) $13,741 $20,632 $31,216 ($7,967) ($8,375) ($95,646) $11,708,339 33.3. Environmental Protection Purpose: 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 Funds $115,818,187 Federal Funds and Grants $32,861,619 Federal Funds Not Specifically Identified $32,861,619 Other Funds $57,028,515 Agency Funds $57,028,515 State Funds $25,928,053 State General Funds $25,928,053 TUESDAY, MARCH 27, 2012 3505 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services to reflect projected expenditures and eliminate five filled positions. Increase funds for the Georgia Water Policy Center in southwest Georgia. Amount appropriated in this Act State Funds $24,773,085 $351,273 $360,998 $159,362 ($29,345) $30,256 $45,429 ($17,543) $104,538 $150,000 $25,928,053 Total Funds $114,663,219 $351,273 $360,998 $159,362 ($29,345) $30,256 $45,429 ($17,543) $104,538 $150,000 $115,818,187 33.4. Hazardous Waste Trust Fund Purpose: 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 Funds $3,397,423 State Funds $3,397,423 State General Funds $3,397,423 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Provide funds to pay local government reimbursements. Amount appropriated in this Act State Funds $2,999,880 $397,543 $3,397,423 Total Funds $2,999,880 $397,543 $3,397,423 3506 JOURNAL OF THE SENATE 33.5. Historic Preservation Purpose: 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 Funds $2,327,450 Federal Funds and Grants $1,020,787 Federal Highway Administration Highway Planning and Construction $11,607 Federal Funds Not Specifically Identified $1,009,180 State Funds $1,306,663 State General Funds $1,306,663 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,385,471 $2,406,258 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $19,645 $19,645 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $20,189 $20,189 Reflect an adjustment in telecommunications expenses. $8,913 $8,913 Reflect an adjustment in the workers' compensation premium. ($1,641) ($1,641) Reflect an adjustment in unemployment insurance premiums. $1,692 $1,692 Increase funds for general liability premiums. $2,541 $2,541 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($981) ($981) Reduce funds for personal services and eliminate three positions. (CC:Reduce funds.) ($110,984) ($110,984) Reduce funds for operating expenses. ($18,182) ($18,182) Amount appropriated in this Act $1,306,663 $2,327,450 33.6. Parks, Recreation and Historic Sites Purpose: 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 Funds $56,881,301 Federal Funds and Grants $1,704,029 Federal Funds Not Specifically Identified $1,704,029 TUESDAY, MARCH 27, 2012 3507 Other Funds $41,480,954 Other Funds - Not Specifically Identified $41,480,954 State Funds $13,696,318 State General Funds $13,696,318 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $13,287,352 $56,472,335 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $188,410 $188,410 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $193,626 $193,626 Reflect an adjustment in telecommunications expenses. $85,476 $85,476 Reflect an adjustment in the workers' compensation premium. ($15,740) ($15,740) Reflect an adjustment in unemployment insurance premiums. $16,228 $16,228 Increase funds for general liability premiums. $24,366 $24,366 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($9,410) ($9,410) Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations. ($14,656) ($14,656) Reduce funds for personal services to reflect projected expenditures and eliminate five filled positions. ($325,644) ($325,644) Increase funds to initiate law enforcement career ladder within Parks, Recreation and Historic Sites. $266,310 $266,310 Amount appropriated in this Act $13,696,318 $56,881,301 33.7. Pollution Prevention Assistance Purpose: 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 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 3508 JOURNAL OF THE SENATE 33.8. Solid Waste Trust Fund Purpose: 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 Funds $1,923,479 State Funds $1,923,479 State General Funds $1,923,479 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,042,075 $1,042,075 Provide funds for solid waste management. (CC:Utilize at least $700,000 of total program budget for tire clean up.) $881,404 $881,404 Amount appropriated in this Act $1,923,479 $1,923,479 33.9. Wildlife Resources Purpose: 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 Funds $55,082,099 Federal Funds and Grants $13,937,944 Federal Funds Not Specifically Identified $13,937,944 Other Funds $9,014,756 Other Funds - Not Specifically Identified $9,014,756 State Funds $32,129,399 State General Funds $32,129,399 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $29,694,060 $52,646,760 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $478,327 $478,327 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $491,569 $491,569 Reflect an adjustment in telecommunications expenses. $217,011 $217,011 TUESDAY, MARCH 27, 2012 3509 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services to reflect projected expenditures and eliminate seven filled and five vacant positions. Eliminate state funds for the Georgia Outdoors TV program and replace with funds raised through private donations. Transfer funds and four positions from the Georgia Aviation Authority to the Department of Natural Resources. Increase funds to initiate law enforcement career ladder in the Wildlife Resources division. Amount appropriated in this Act ($39,959) $41,199 $61,860 ($23,889) ($333,015) ($35,594) $744,140 $833,690 $32,129,399 ($39,959) $41,199 $61,860 ($23,889) ($333,015) ($35,594) $744,140 $833,690 $55,082,099 The following appropriations are for agencies attached for administrative purposes. 33.10. Georgia State Games Commission Purpose: The purpose of this appropriation is to educate Georgians about the benefits of physical fitness and sports. 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 (HB78) $25,000 $25,000 Delete one-time funds for the Georgia State Games Commission. ($25,000) ($25,000) 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 $54,687,821 $806,050 $806,050 $53,881,771 $53,881,771 3510 JOURNAL OF THE SENATE 34.1. Board Administration Purpose: The purpose of this appropriation is to provide administrative support for the agency. Total Funds $4,952,894 State Funds $4,952,894 State General Funds $4,952,894 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,986,734 $4,986,734 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $45,753 $45,753 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $66,126 $66,126 Reflect an adjustment in telecommunications expenses. ($21,939) ($21,939) Reflect an adjustment in the workers' compensation premium. ($7,350) ($7,350) Reflect an adjustment in unemployment insurance premiums. ($12,047) ($12,047) Increase funds for general liability premiums. $69,477 $69,477 Increase funds to reflect an adjustment in PeopleSoft billings. $7,908 $7,908 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($2,768) ($2,768) Transfer $120,779 and one position to Clemency Decisions, and transfer $58,221 and one position to Parole Supervision to better align function and budget. ($179,000) ($179,000) Amount appropriated in this Act $4,952,894 $4,952,894 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 $11,610,330 State Funds $11,610,330 State General Funds $11,610,330 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3511 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds and 74 investigator positions from Parole Supervision to Clemency Decisions to better align function and budget. Transfer $363,934 and four positions from Parole Supervision and transfer $120,779 and one position from Board Administration to better align function and budget. Transfer funds and five positions to the Probation Supervision program of the Department of Corrections to implement a joint call service center. Amount appropriated in this Act State Funds $7,207,791 $174,001 $223,368 ($6,051) ($31,439) ($2,916) ($11,323) $3,805,796 $484,713 ($233,610) $11,610,330 Total Funds $7,207,791 $174,001 $223,368 ($6,051) ($31,439) ($2,916) ($11,323) $3,805,796 $484,713 ($233,610) $11,610,330 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 $37,673,614 Federal Funds and Grants $806,050 Federal Funds Not Specifically Identified $806,050 State Funds $36,867,564 State General Funds $36,867,564 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3512 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Realize savings due to the elimination of the State Law Enforcement Certification ($800) and from rental savings from parole office consolidation ($7,800). Realize savings due to parole office relocation to stateowned space. Reduce funds for contracts. Transfer funds and 74 investigator positions to Clemency Decisions to better align function and budget. Transfer funds and four positions to Clemency Decisions to better align function and budget. Transfer funds and one position from Board Administration to better align function and budget. Provide funds for 20 additional parole officers to implement re-entry supervision for offenders who will serve their maximum sentence. Reduce funds for parolee jail subsidy to reflect projected expenditures. Amount appropriated in this Act State Funds $39,232,439 $425,791 $622,821 ($26,635) ($90,320) ($8,377) ($35,477) ($8,600) ($50,642) ($4,290) ($3,805,796) ($363,934) $58,221 $1,000,000 ($77,637) $36,867,564 Total Funds $40,038,489 $425,791 $622,821 ($26,635) ($90,320) ($8,377) ($35,477) ($8,600) ($50,642) ($4,290) ($3,805,796) ($363,934) $58,221 $1,000,000 ($77,637) $37,673,614 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 for victims to the state corrections system. Total Funds $450,983 State Funds $450,983 State General Funds $450,983 TUESDAY, MARCH 27, 2012 3513 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $440,453 $440,453 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $5,203 $5,203 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $7,388 $7,388 Reflect an adjustment in telecommunications expenses. ($613) ($613) Reflect an adjustment in the workers' compensation premium. ($973) ($973) Reflect an adjustment in unemployment insurance premiums. ($103) ($103) Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($372) ($372) Amount appropriated in this Act $450,983 $450,983 Section 35: Properties Commission, State Total Funds Other Funds Other Funds - Not Specifically Identified Prior Year Funds - Other $842,012 $842,012 $727,045 $114,967 35.1. 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 $842,012 Other Funds $842,012 Other Funds - Not Specifically Identified $727,045 Prior Year Funds - Other $114,967 The following appropriations are for agencies attached for administrative purposes. 35.2. 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 $0 3514 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 (HB78) $0 $0 Decrease payments to the Office of the State Treasurer by $1,260,137 from $3,256,871 to $1,996,734 to reflect increased costs associated with statewide adjustments. (G:YES) (CC:YES) $0 $0 Amount appropriated in this Act $0 $0 Section 36: Public Defender Standards Council, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds State General Funds $40,740,824 $340,000 $340,000 $40,400,824 $40,400,824 36.1. 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 $6,345,496 Other Funds $340,000 Other Funds - Not Specifically Identified $340,000 State Funds $6,005,496 State General Funds $6,005,496 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,924,096 $6,264,096 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $70,825 $70,825 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $102,481 $102,481 Reflect an adjustment in telecommunications expenses. $9,545 $9,545 Reflect an adjustment in the workers' compensation premium. $11,866 $11,866 Reflect an adjustment in unemployment insurance premiums. ($42) ($42) Increase funds for general liability premiums. $2,123 $2,123 TUESDAY, MARCH 27, 2012 3515 Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services due to attrition. Reduce funds for operating expenses. Amount appropriated in this Act $434 ($7,036) ($98,707) ($10,089) $6,005,496 $434 ($7,036) ($98,707) ($10,089) $6,345,496 36.2. 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 $34,395,328 State Funds $34,395,328 State General Funds $34,395,328 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $32,755,019 $32,755,019 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $399,031 $399,031 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $580,727 $580,727 Reflect an adjustment in telecommunications expenses. $5,140 $5,140 Reflect an adjustment in the workers' compensation premium. $67,238 $67,238 Reflect an adjustment in unemployment insurance premiums. ($238) ($238) Increase funds for general liability premiums. $12,032 $12,032 Increase funds to reflect an adjustment in PeopleSoft billings. $2,457 $2,457 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($39,873) ($39,873) Reduce funding to the opt-out circuits to match agency-wide reductions. ($4,578) ($4,578) Provide funds for additional expenses associated with conflict cases. $565,070 $565,070 3516 JOURNAL OF THE SENATE Provide funding for two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. (CC:Provide funding for two additional Assistant Public Defender positions in the Piedmont and Bell-Forsyth Circuits, effective January 1, 2013. ) Amount appropriated in this Act $53,303 $34,395,328 $53,303 $34,395,328 Section 37: Public Health, Department of Total Funds Federal Funds and Grants Maternal and Child Health Services Block Grant Medical Assistance Program Preventive Health and Health Services Block Grant Temporary Assistance for Needy Families Block Grant Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Brain and Spinal Injury Trust Fund State General Funds Tobacco Settlement Funds Intra-State Government Transfers Other Intra-State Government Payments $684,337,564 $464,862,810 $20,031,465 $2,912,917 $2,026,075 $10,404,530 $429,487,823 $1,203,500 $692,524 $510,976 $218,182,965 $2,396,580 $203,773,265 $12,013,120 $88,289 $88,289 37.1. Adolescent and Adult Health Promotion Purpose: 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 Funds $37,046,030 Federal Funds and Grants $27,807,367 Maternal and Child Health Services Block Grant $187,504 Preventive Health and Health Services Block Grant $41,694 Temporary Assistance for Needy Families Block Grant $10,404,530 Federal Funds Not Specifically Identified $17,173,639 Other Funds $335,000 Other Funds - Not Specifically Identified $335,000 State Funds $8,903,663 TUESDAY, MARCH 27, 2012 3517 State General Funds $3,751,224 Tobacco Settlement Funds $5,152,439 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $8,975,356 $40,643,553 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $16,610 $16,610 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $28,759 $28,759 Reduce funds for personal services. ($107,047) ($107,047) Realign TANF funds to recognize the federal loss of the TANF Supplemental grant. $0 ($3,525,830) Reduce grant-in-aid funds for pilot projects. ($80,000) ($80,000) Replace TANF funds for a youth development coordinator position. $69,985 $69,985 Amount appropriated in this Act $8,903,663 $37,046,030 37.2. Adult Essential Health Treatment Services Purpose: The purpose of this appropriation is to provide treatment and services to lowincome Georgians with cancer, and Georgians at risk of stroke or heart attacks. Total Funds $7,450,183 Federal Funds and Grants $225,197 Preventive Health and Health Services Block Grant $225,197 State Funds $7,224,986 State General Funds $611,737 Tobacco Settlement Funds $6,613,249 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,231,809 $7,457,006 Reduce funds for personal services. ($6,823) ($6,823) Amount appropriated in this Act $7,224,986 $7,450,183 37.3. Departmental Administration Purpose: The purpose of this appropriation is to provide administrative support to all departmental programs. Total Funds $27,575,113 Federal Funds and Grants $7,082,398 3518 JOURNAL OF THE SENATE Medical Assistance Program $1,807,258 Federal Funds Not Specifically Identified $5,275,140 State Funds $20,492,715 State General Funds $20,360,920 Tobacco Settlement Funds $131,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $19,813,683 $26,896,081 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $218,736 $218,736 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $366,058 $366,058 Reflect an adjustment in telecommunications expenses. ($396,593) ($396,593) Reflect an adjustment in the workers' compensation premium. ($75,112) ($75,112) Reflect an adjustment in unemployment insurance premiums. $29,237 $29,237 Increase funds for general liability premiums. $210,321 $210,321 Increase funds to reflect an adjustment in PeopleSoft billings. $15,943 $15,943 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($39,475) ($39,475) Provide funds for leased space to replace the Macon district public health office being sold in FY 2012. $349,917 $349,917 Amount appropriated in this Act $20,492,715 $27,575,113 37.4. Emergency Preparedness/Trauma System Improvement Purpose: 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 Funds $43,917,924 Federal Funds and Grants $41,063,009 Maternal and Child Health Services Block Grant $280,000 Preventive Health and Health Services Block Grant $839,434 Federal Funds Not Specifically Identified $39,943,575 Other Funds $100,976 Other Funds - Not Specifically Identified $100,976 State Funds $2,753,939 State General Funds $2,753,939 TUESDAY, MARCH 27, 2012 3519 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,399,599 $43,563,584 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $32,505 $32,505 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $51,835 $51,835 Reduce funds for personal services. ($80,000) ($80,000) Provide one-time funds to evaluate a real-time interactive web-based quality assessment and assurance system utilizing American Association of Neurological Surgeons (AANS) approved evidence-based medicine for Traumatic Brain Injury. $350,000 $350,000 Amount appropriated in this Act $2,753,939 $43,917,924 37.5. Epidemiology Purpose: The purpose of this appropriation is to monitor, investigate, and respond to disease, injury, and other events of public health concern. Total Funds $9,169,085 Federal Funds and Grants $4,961,516 Preventive Health and Health Services Block Grant $196,750 Federal Funds Not Specifically Identified $4,764,766 Other Funds $25,156 Agency Funds $25,156 State Funds $4,164,813 State General Funds $4,049,176 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 (HB78) $3,863,497 $8,867,769 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $17,776 $17,776 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $25,384 $25,384 3520 JOURNAL OF THE SENATE Reduce funds for personal services. Increase funds for tuberculosis detection, prevention, and treatment. Amount appropriated in this Act ($91,844) $350,000 $4,164,813 ($91,844) $350,000 $9,169,085 37.6. Immunization Purpose: The purpose of this appropriation is to provide immunization, consultation, training, assessment, vaccines, and technical assistance. Total Funds $10,054,841 Federal Funds and Grants $7,549,716 Preventive Health and Health Services Block Grant $500,000 Federal Funds Not Specifically Identified $7,049,716 State Funds $2,505,125 State General Funds $2,505,125 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for operating expenses. Amount appropriated in this Act State Funds $2,684,539 $4,147 $3,265 ($186,826) $2,505,125 Total Funds $10,234,255 $4,147 $3,265 ($186,826) $10,054,841 37.7. Infant and Child Essential Health Treatment Services Purpose: The purpose of this appropriation is to avoid unnecessary health problems in later life by providing comprehensive health services to infants and children. Total Funds $48,714,228 Federal Funds and Grants $26,559,457 Maternal and Child Health Services Block Grant $8,655,982 Federal Funds Not Specifically Identified $17,903,475 Other Funds $75,000 Other Funds - Not Specifically Identified $75,000 State Funds $22,079,771 State General Funds $22,079,771 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3521 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reduce funds for personal services. Replace state funds with federal funds for auditory verbal therapy services. Reduce funds for Regional Tertiary Care center contracts. Amount appropriated in this Act State Funds $22,361,045 $25,126 $40,719 ($9,619) ($137,500) ($200,000) $22,079,771 Total Funds $48,858,002 $25,126 $40,719 ($9,619) $0 ($200,000) $48,714,228 37.8. Infant and Child Health Promotion Purpose: The purpose of this appropriation is to provide education and services to promote health and nutrition for infants and children. Total Funds $299,072,641 Federal Funds and Grants $286,749,107 Maternal and Child Health Services Block Grant $10,623,280 Medical Assistance Program $119,108 Federal Funds Not Specifically Identified $276,006,719 Other Funds $49,137 Agency Funds $49,137 State Funds $12,203,708 State General Funds $12,203,708 Intra-State Government Transfers $70,689 Other Intra-State Government Payments $70,689 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $10,124,282 $299,793,215 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $29,750 $29,750 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $49,676 $49,676 Reduce grant-in-aid funds for nurse case management. ($200,000) ($200,000) Realign TANF funds to recognize the federal loss of the TANF Supplemental grant. $0 ($2,800,000) 3522 JOURNAL OF THE SENATE Increase funds to maintain screening and home visit services for low birth weight newborns, newborns at risk of developmental delays, and cases of abuse and neglect in the Children 1st program due to the loss of TANF Supplemental grant. Amount appropriated in this Act $2,200,000 $12,203,708 $2,200,000 $299,072,641 37.9. Infectious Disease Control Purpose: The purpose of this appropriation is to ensure quality prevention and treatment of HIV/AIDS, sexually transmitted diseases, tuberculosis, and other infectious diseases. Total Funds $90,876,565 Federal Funds and Grants $60,377,072 Maternal and Child Health Services Block Grant $84,489 Federal Funds Not Specifically Identified $60,292,583 State Funds $30,499,493 State General Funds $30,499,493 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $29,857,724 $90,234,796 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $105,780 $105,780 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $184,253 $184,253 Provide funds to continue routine HIV and syphilis testing. $421,736 $421,736 Reduce funds for personal services. ($70,000) ($70,000) Amount appropriated in this Act $30,499,493 $90,876,565 37.10. Inspections and Environmental Hazard Control Purpose: 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, and swimming pools. Total Funds $5,160,588 Federal Funds and Grants $970,740 Maternal and Child Health Services Block Grant $200,210 Preventive Health and Health Services Block Grant $223,000 Federal Funds Not Specifically Identified $547,530 Other Funds $618,231 Agency Funds $618,231 TUESDAY, MARCH 27, 2012 3523 State Funds $3,571,617 State General Funds $3,571,617 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,481,608 $5,070,579 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $31,691 $31,691 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $58,318 $58,318 Amount appropriated in this Act $3,571,617 $5,160,588 37.11. Public Health Formula Grants to Counties Purpose: The purpose of this appropriation is to provide general grant-in-aid to county boards of health delivering local public health services. Total Funds $82,845,330 Federal Funds and Grants $986,551 Medical Assistance Program $986,551 State Funds $81,858,779 State General Funds $81,858,779 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $71,650,778 $72,637,329 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $2,666,152 $2,666,152 Increase funds to reflect an adjustment in the employer share $5,024,515 of the Employees' Retirement System. $5,024,515 Fund the first and second year phase-in for the new grant-inaid formula to hold harmless all counties. $2,517,334 $2,517,334 Amount appropriated in this Act $81,858,779 $82,845,330 37.12. Vital Records Purpose: 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 Funds $4,121,242 Federal Funds and Grants $530,680 Federal Funds Not Specifically Identified $530,680 3524 JOURNAL OF THE SENATE State Funds $3,590,562 State General Funds $3,590,562 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,538,979 $4,069,659 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $34,961 $34,961 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $61,622 $61,622 Reduce funds for operating expenses. ($45,000) ($45,000) Amount appropriated in this Act $3,590,562 $4,121,242 The following appropriations are for agencies attached for administrative purposes. 37.13. Brain and Spinal Injury Trust Fund Purpose: 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 Funds $2,396,580 State Funds $2,396,580 Brain and Spinal Injury Trust Fund $2,396,580 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,933,708 $1,933,708 Reduce funds to reflect FY 2011 collections. ($37,128) ($37,128) Increase Brain and Spinal Injury Trust Funds to allow for additional awards to Georgia residents with brain and spinal injuries. $500,000 $500,000 Amount appropriated in this Act $2,396,580 $2,396,580 37.14. Georgia Trauma Care Network Commission Purpose: 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 Funds $15,937,214 State Funds $15,937,214 State General Funds $15,937,214 TUESDAY, MARCH 27, 2012 3525 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $17,656,896 $17,656,896 Reduce funds to reflect revised revenue projection for Super ($1,719,682) ($1,719,682) Speeder and license reinstatement fees. Amount appropriated in this Act $15,937,214 $15,937,214 Section 38: Public Safety, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $181,446,204 $38,498,171 $38,498,171 $10,361,966 $10,361,966 $119,496,578 $119,496,578 $13,089,489 $13,089,489 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 $3,488,878 Federal Funds and Grants $200,000 Federal Funds Not Specifically Identified $200,000 Other Funds $174,000 Other Funds - Not Specifically Identified $174,000 State Funds $3,114,878 State General Funds $3,114,878 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,563,231 $1,937,231 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $22,682 $22,682 3526 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds from the Georgia Aviation Authority to the Department of Public Safety. Reflect an Executive Order to transfer nine months funding and six positions from the Georgia Aviation Authority. Amount appropriated in this Act $45,618 ($8,980) ($153) $6,835 ($2,860) $529,750 $958,755 $3,114,878 $45,618 ($8,980) ($153) $6,835 ($2,860) $529,750 $958,755 $3,488,878 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 $6,897,999 Intra-State Government Transfers $6,897,999 Other Intra-State Government Payments $6,897,999 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 $8,500,595 Federal Funds and Grants $141,571 Federal Funds Not Specifically Identified $141,571 Other Funds $103,510 Other Funds - Not Specifically Identified $103,510 State Funds $8,249,014 State General Funds $8,249,014 Intra-State Government Transfers $6,500 Other Intra-State Government Payments $6,500 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3527 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act State Funds $7,994,926 $91,796 $160,936 ($31,681) ($541) $24,113 $19,556 ($10,091) $8,249,014 Total Funds $8,246,507 $91,796 $160,936 ($31,681) ($541) $24,113 $19,556 ($10,091) $8,500,595 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 $1,656,488 State Funds $1,602,488 State General Funds $1,602,488 Intra-State Government Transfers $54,000 Other Intra-State Government Payments $54,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,541,035 $1,595,035 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $23,458 $23,458 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $42,839 $42,839 Reflect an adjustment in the workers' compensation premium. ($8,433) ($8,433) Reflect an adjustment in unemployment insurance premiums. ($144) ($144) 3528 JOURNAL OF THE SENATE Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $6,419 ($2,686) $1,602,488 $6,419 ($2,686) $1,656,488 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, Headquarters Adjutant Office, Special Investigations Office, the Special Weapons and Tactics (SWAT) Unit, and the Training Unit. Total Funds $96,506,225 Federal Funds and Grants $12,592,428 Federal Funds Not Specifically Identified $12,592,428 Other Funds $1,252,400 Other Funds - Not Specifically Identified $1,252,400 State Funds $77,541,397 State General Funds $77,541,397 Intra-State Government Transfers $5,120,000 Other Intra-State Government Payments $5,120,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $73,577,438 $92,542,266 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $936,739 $936,739 Increase funds to reflect an adjustment in the employer share $1,715,421 of the Employees' Retirement System. $1,715,421 Reflect an adjustment in telecommunications expenses. $605,789 $605,789 Reflect an adjustment in the workers' compensation premium. ($337,682) ($337,682) Reflect an adjustment in unemployment insurance premiums. ($5,773) ($5,773) Increase funds for general liability premiums. $257,023 $257,023 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($107,558) ($107,558) Provide for increased fuel costs for trooper patrol vehicles. $900,000 $900,000 TUESDAY, MARCH 27, 2012 3529 Reserve FY 2013 trooper attrition funds for equipment and personal services for graduates of the FY 2012 trooper schools. (CC:YES) Amount appropriated in this Act $0 $0 $77,541,397 $96,506,225 38.6. Motor Carrier Compliance Purpose: The purpose of this appropriation is to provide inspection, regulation, and enforcement for size, weight, and safety standards as well as traffic and criminal laws for commercial motor carriers, limousines, non-consensual tow trucks, household goods movers, all buses, and large passenger vehicles as well as providing High Occupancy Vehicle and High Occupancy Toll lane use restriction enforcement. Total Funds $23,405,263 Federal Funds and Grants $6,699,743 Federal Funds Not Specifically Identified $6,699,743 Other Funds $6,580,387 Other Funds - Not Specifically Identified $6,580,387 State Funds $10,125,133 State General Funds $10,125,133 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $9,621,843 $22,831,813 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $124,091 $124,091 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $232,721 $232,721 Reflect an adjustment in the workers' compensation premium. ($45,811) ($45,811) Reflect an adjustment in unemployment insurance premiums. ($783) ($783) Increase funds for general liability premiums. $34,869 $34,869 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($14,592) ($14,592) Transfer the transportation regulatory functions and three positions from the Public Service Commission. (CC:YES) $172,795 $242,955 Amount appropriated in this Act $10,125,133 $23,405,263 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 3530 JOURNAL OF THE SENATE 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 $3,274,853 State Funds $3,274,853 State General Funds $3,274,853 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,149,216 $3,149,216 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $50,673 $50,673 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $84,521 $84,521 Reflect an adjustment in the workers' compensation premium. ($16,638) ($16,638) Reflect an adjustment in unemployment insurance premiums. ($284) ($284) Increase funds for general liability premiums. $12,664 $12,664 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($5,299) ($5,299) Amount appropriated in this Act $3,274,853 $3,274,853 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 $1,502,013 State Funds $1,502,013 State General Funds $1,502,013 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,459,734 $1,459,734 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $19,499 $19,499 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $33,577 $33,577 TUESDAY, MARCH 27, 2012 3531 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for program operations based on projected expenditures. Amount appropriated in this Act ($6,610) ($113) $5,031 ($2,105) ($7,000) $1,502,013 ($6,610) ($113) $5,031 ($2,105) ($7,000) $1,502,013 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 firefighters. Total Funds $635,005 State Funds $635,005 State General Funds $635,005 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce personal services and operating expenses. (CC:Reflect savings by moving towards web-based operations.) Amount appropriated in this Act State Funds $624,100 $9,836 $17,401 ($9) ($735) $412 ($16,000) $635,005 Total Funds $624,100 $9,836 $17,401 ($9) ($735) $412 ($16,000) $635,005 3532 JOURNAL OF THE SENATE 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 $18,532,152 Federal Funds and Grants $17,086,129 Federal Funds Not Specifically Identified $17,086,129 Other Funds $66,434 Other Funds - Not Specifically Identified $66,434 State Funds $368,599 State General Funds $368,599 Intra-State Government Transfers $1,010,990 Other Intra-State Government Payments $1,010,990 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Recognize savings from attrition. Amount appropriated in this Act State Funds $376,424 $7,346 $10,250 ($21,539) $3,442 ($54) $258 ($7,528) $368,599 Total Funds $18,539,977 $7,346 $10,250 ($21,539) $3,442 ($54) $258 ($7,528) $18,532,152 38.11. Peace Officers Standards and Training Council Purpose: The purpose of this appropriation is to set standards for the law enforcement community; ensure adequate training at the highest level for all of Georgia's law enforcement officers and public safety professionals; and certify individuals when all requirements are met. Investigate officers and public safety professionals when an allegation of unethical and/or illegal conduct is made, and sanction these individuals by disciplining officers and public safety professionals when necessary. Total Funds $2,560,358 Other Funds $88,461 TUESDAY, MARCH 27, 2012 3533 Other Funds - Not Specifically Identified $88,461 State Funds $2,471,897 State General Funds $2,471,897 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Replace state funds with other funds for operating expenses. Provide mandatory training for newly-elected Sheriffs. Restore funding for prior year reductions to personnel and operating budgets. Amount appropriated in this Act State Funds $1,910,716 $23,312 $35,220 $6,129 $6,068 ($970) $2,686 ($38,214) $401,950 $125,000 $2,471,897 Total Funds $1,960,963 $23,312 $35,220 $6,129 $6,068 ($970) $2,686 $0 $401,950 $125,000 $2,560,358 38.12. Public Safety Training Center Purpose: The purpose of this appropriation is to develop, deliver, and facilitate training that results in professional and competent public safety services for the people of Georgia. Total Funds $14,486,375 Federal Funds and Grants $1,778,300 Federal Funds Not Specifically Identified $1,778,300 Other Funds $2,096,774 Other Funds - Not Specifically Identified $2,096,774 State Funds $10,611,301 State General Funds $10,611,301 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3534 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Eliminate contract with North Central Cobb Police Academy. (CC:Reduce contract.) Reduce operating expenses for the Augusta Police Academy. Reallocate funds from personal services from the Augusta Police Academy for one instructor to cover increase in student load at other academies due to elimination of North Central Contract and Augusta full-time staff. (CC:YES) Reallocate funds from personal services for the Augusta Police Academy for purchase of ammunition. (CC:YES) Reallocate funds from personal services for the Augusta Police Academy to provide the Basic Law Enforcement program as needed. (CC:YES) Amount appropriated in this Act State Funds $10,246,951 $127,051 $224,189 ($472) $55,834 ($4,029) $6,634 ($44,757) ($100) $0 $0 $0 $10,611,301 Total Funds $14,122,025 $127,051 $224,189 ($472) $55,834 ($4,029) $6,634 ($44,757) ($100) $0 $0 $0 $14,486,375 Section 39: Public Service Commission Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $9,505,287 $1,300,246 $1,300,246 $7,963,566 $7,963,566 39.1. Commission Administration Purpose: The purpose of this appropriation is to assist the Commissioners and staff in achieving the agency's goals. Total Funds $1,195,439 Federal Funds and Grants $83,500 TUESDAY, MARCH 27, 2012 3535 Federal Funds Not Specifically Identified $83,500 State Funds $1,111,939 State General Funds $1,111,939 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,073,035 $1,226,695 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $16,807 $16,807 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $22,514 $22,514 Reflect an adjustment in telecommunications expenses. $2,829 $2,829 Reflect an adjustment in the workers' compensation premium. ($2,626) ($2,626) Reflect an adjustment in unemployment insurance premiums. ($381) ($381) Increase funds for general liability premiums. $501 $501 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($740) ($740) Transfer funds from the Public Service Commission to the Department of Public Safety for transportation regulatory functions. $0 ($70,160) Amount appropriated in this Act $1,111,939 $1,195,439 39.2. Facility Protection Purpose: 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 Funds $2,165,859 Federal Funds and Grants $1,188,246 Federal Funds Not Specifically Identified $1,188,246 State Funds $977,613 State General Funds $977,613 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $922,165 $2,110,411 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $23,148 $23,148 3536 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $32,906 $4,135 ($3,837) ($556) $733 ($1,081) $977,613 $32,906 $4,135 ($3,837) ($556) $733 ($1,081) $2,165,859 39.3. Utilities Regulation Purpose: 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 Funds $6,143,989 Federal Funds and Grants $28,500 Federal Funds Not Specifically Identified $28,500 State Funds $5,874,014 State General Funds $5,874,014 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,979,161 $6,249,136 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $82,048 $82,048 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $117,768 $117,768 Reflect an adjustment in telecommunications expenses. $14,801 $14,801 Reflect an adjustment in the workers' compensation premium. ($13,734) ($13,734) Reflect an adjustment in unemployment insurance premiums. ($1,990) ($1,990) Increase funds for general liability premiums. $2,623 $2,623 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($3,868) ($3,868) TUESDAY, MARCH 27, 2012 3537 Reduce funds for personal services. Transfer funds and three positions from the Public Service Commission to the Department of Public Safety for transportation regulatory functions. Amount appropriated in this Act ($130,000) ($172,795) ($130,000) ($172,795) $5,874,014 $6,143,989 Section 40: Regents, University System of Georgia Total Funds Other Funds Agency Funds Other Funds - Not Specifically Identified Research Funds State Funds State General Funds $6,182,238,715 $4,353,668,931 $2,339,759,787 $4,600,248 $2,009,308,896 $1,828,569,784 $1,828,569,784 40.1. Agricultural Experiment Station Purpose: The purpose of this appropriation is to improve production, processing, new product development, food safety, storage, and marketing to increase profitability and global competitiveness of Georgia's agribusiness. Total Funds $72,659,924 Other Funds $37,552,919 Agency Funds $15,552,919 Research Funds $22,000,000 State Funds $35,107,005 State General Funds $35,107,005 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $34,058,182 $71,611,101 Reduce funds for personal services. ($214,068) ($214,068) Increase funds for the employer share of health insurance ($237,978) and retiree health benefits ($221,641). $459,619 $459,619 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $203,272 $203,272 Provide funding for four crop scientists specializing in the areas of horticulture, peanuts, soybeans, and peaches. (CC:Provide funding for crop scientists to include scientists specializing in the areas of vegetable horticulture, peanuts, soybeans, and peaches/fruit.) $600,000 $600,000 Amount appropriated in this Act $35,107,005 $72,659,924 3538 JOURNAL OF THE SENATE 40.2. Athens/Tifton Vet laboratories Purpose: 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 Funds $4,944,522 Other Funds $4,944,522 Research Funds $4,944,522 40.3. Cooperative Extension Service Purpose: 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 Funds $54,551,780 Other Funds $25,083,929 Agency Funds $12,083,929 Research Funds $13,000,000 State Funds $29,467,851 State General Funds $29,467,851 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $28,589,236 $53,673,165 Reduce funds for personal services. $0 $0 Increase funds for the employer share of health insurance ($267,701) and retiree health benefits ($406,479). $674,180 $674,180 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $204,435 $204,435 Amount appropriated in this Act $29,467,851 $54,551,780 40.4. Enterprise Innovation Institute Purpose: 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 Funds $17,850,440 Other Funds $10,475,000 Agency Funds $10,475,000 State Funds $7,375,440 TUESDAY, MARCH 27, 2012 3539 State General Funds $7,375,440 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,483,572 $17,958,572 Reduce funds for personal services and operating expenses. ($149,671) ($149,671) Increase funds for the employer share of health insurance ($17,389) and retiree health benefits ($3,459). $20,848 $20,848 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $20,691 $20,691 Amount appropriated in this Act $7,375,440 $17,850,440 40.5. Forestry Cooperative Extension Purpose: 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 Funds $1,002,786 Other Funds $500,000 Other Funds - Not Specifically Identified $24,012 Research Funds $475,988 State Funds $502,786 State General Funds $502,786 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $507,349 $1,007,349 Reduce funds for personal services. ($10,147) ($10,147) Increase funds for the employer share of health insurance. $4,026 $4,026 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $1,558 $1,558 Amount appropriated in this Act $502,786 $1,002,786 40.6. Forestry Research Purpose: 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 Funds $11,530,354 Other Funds $8,950,426 Other Funds - Not Specifically Identified $950,426 3540 JOURNAL OF THE SENATE Research Funds $8,000,000 State Funds $2,579,928 State General Funds $2,579,928 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,523,601 $11,474,027 Increase funds for the employer share of health insurance ($28,484) and retiree health benefits ($19,271). $47,755 $47,755 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $8,572 $8,572 Amount appropriated in this Act $2,579,928 $11,530,354 40.7. Georgia Radiation Therapy Center Purpose: 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 Funds $3,625,810 Other Funds $3,625,810 Other Funds - Not Specifically Identified $3,625,810 40.8. Georgia Tech Research Institute Purpose: 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 Funds $229,709,589 Other Funds $223,917,958 Research Funds $223,917,958 State Funds $5,791,631 State General Funds $5,791,631 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,722,356 $229,640,314 Reduce funds for operating expenses. $0 $0 Increase funds for the employer share of health insurance ($11,983) and retiree health benefits ($3,233). $15,216 $15,216 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $4,059 $4,059 TUESDAY, MARCH 27, 2012 3541 Increase funds for industrial storm water solutions for Georgia's poultry industry. Amount appropriated in this Act $50,000 $50,000 $5,791,631 $229,709,589 40.9. Marine Institute Purpose: 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 Funds $1,215,731 Other Funds $486,281 Agency Funds $118,633 Research Funds $367,648 State Funds $729,450 State General Funds $729,450 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $718,506 $1,204,787 Increase funds for the employer share of health insurance. $6,649 $6,649 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $4,295 $4,295 Amount appropriated in this Act $729,450 $1,215,731 40.10. Marine Resources Extension Center Purpose: The purpose of this appropriation is to fund outreach, education, and research to enhance coastal environmental and economic sustainability. Total Funds $2,544,650 Other Funds $1,345,529 Agency Funds $745,529 Research Funds $600,000 State Funds $1,199,121 State General Funds $1,199,121 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,180,737 $2,526,266 Increase funds for the employer share of health insurance. $9,235 $9,235 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $9,149 $9,149 Amount appropriated in this Act $1,199,121 $2,544,650 3542 JOURNAL OF THE SENATE 40.11. Medical College of Georgia Hospital and Clinics Purpose: 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 Funds $29,172,642 State Funds $29,172,642 State General Funds $29,172,642 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $29,172,642 $29,172,642 Amount appropriated in this Act $29,172,642 $29,172,642 40.12. Public Libraries Purpose: 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 Funds $37,411,509 Other Funds $5,222,400 Agency Funds $5,222,400 State Funds $32,189,109 State General Funds $32,189,109 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $32,248,245 $37,470,645 Reduce funds for personal services and operating expenses. ($644,965) ($644,965) Add funds to the New Directions formula based on an increase in state population. $394,218 $394,218 Increase funds for the employer share of health insurance. $4,494 $4,494 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $187,117 $187,117 Amount appropriated in this Act $32,189,109 $37,411,509 40.13. Public Service/Special Funding Initiatives Purpose: The purpose of this appropriation is to fund leadership, service, and education initiatives that require funding beyond what is provided by formula. Total Funds $18,843,915 State Funds $18,843,915 State General Funds $18,843,915 TUESDAY, MARCH 27, 2012 3543 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $11,946,374 $11,946,374 Reduce funds for personal services and operating expenses. ($220,927) ($220,927) Eliminate funds for the Georgia Leadership Institute ($600,000) and Accountability Plus ($300,000). ($900,000) ($900,000) Redirect funds from ICAPP Health to Health Professions Initiative ($585,574).(G: YES) (CC:YES) $0 $0 Provide funds for the Health Professions Initiative to address graduate medical and graduate nursing education. (CC:Funds will remain in the Board of Regents.) $3,644,426 $3,644,426 Provide funds for cancer research to the Georgia Health Sciences University Cancer Center. $5,000,000 $5,000,000 Transfer funds for GALILEO from Public Service/Special Funding Initiatives to Regents Central Office. ($2,582,940) ($2,582,940) Transfer funds for Fort Valley Land Grant Match from Teaching program to Public Service/Special Funding Initiatives. $2,514,026 $2,514,026 Transfer funds from the HBCU-Mission Related program for Savannah State and Albany State Universities from Public Service/Special Funding Initiatives to Teaching Program. ($557,044) ($557,044) Redirect funds from the HBCU-Mission Related program for Fort Valley to the institution's land grant match ($929,839).(G:YES) (CC:YES) $0 $0 Amount appropriated in this Act $18,843,915 $18,843,915 40.14. Regents Central Office Purpose: 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 Funds $8,231,266 State Funds $8,231,266 State General Funds $8,231,266 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,596,860 $5,596,860 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $17,712 $17,712 3544 JOURNAL OF THE SENATE Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds to the Southern Regional Education Board (SREB) to reflect the actual contract amount for slots in the Regional Contract and Doctoral Scholars programs. Fund increase in SREB dues with existing funds. (CC:Provide funding for the increase in annual SREB dues and the final year for osteopathic medicine in the Regional Contract Program.) Reduce funds for personal services. Increase funds for the employer share of health insurance. Transfer funds for GALILEO from Public Service/Special Funding Initiatives to Regents Central Office. Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Amount appropriated in this Act ($34,382) ($2,060) $11,383 ($4,726) $105,000 ($89,708) $26,778 $2,582,940 $21,469 $8,231,266 ($34,382) ($2,060) $11,383 ($4,726) $105,000 ($89,708) $26,778 $2,582,940 $21,469 $8,231,266 40.15. Research Consortium Purpose: The purpose of this appropriation is to support research and development activities at Georgia's research universities and other university-based initiatives with economic development missions and close ties to Georgia's strategic industries. Total Funds $6,293,244 State Funds $6,293,244 State General Funds $6,293,244 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,421,678 $6,421,678 Reduce funds for personal services and operating expenses. ($128,434) ($128,434) Reflect changes to the purpose statement. (CC:YES) $0 $0 Amount appropriated in this Act $6,293,244 $6,293,244 40.16. Skidaway Institute of Oceanography Purpose: The purpose of this appropriation is to fund research and educational programs regarding marine and ocean science and aquatic environments. Total Funds $4,779,305 Other Funds $3,550,000 TUESDAY, MARCH 27, 2012 3545 Agency Funds $900,000 Research Funds $2,650,000 State Funds $1,229,305 State General Funds $1,229,305 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,230,101 $4,780,101 Reduce funds for personal services. ($24,602) ($24,602) Increase funds for the employer share of health insurance ($7,433) and retiree health benefits ($8,578). $16,011 $16,011 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $7,795 $7,795 Amount appropriated in this Act $1,229,305 $4,779,305 40.17. Teaching Purpose: The purpose of this appropriation is to 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 $5,650,083,001 Other Funds $4,018,392,206 Agency Funds $2,285,039,426 Research Funds $1,733,352,780 State Funds $1,631,690,795 State General Funds $1,631,690,795 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,553,790,529 $5,572,182,735 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $152,551 $152,551 Reflect an adjustment in the workers' compensation premium. ($628,552) ($628,552) Reflect an adjustment in unemployment insurance premiums. $473,721 $473,721 Increase funds for general liability premiums. $5,385,304 $5,385,304 Reduce funds for personal services and operating expenses. ($35,286,153) ($35,286,153) Provide funds for enrollment growth based on a 3.05% increase in semester credit hours and operating expenses related to additional square footage. $76,380,166 $76,380,166 3546 JOURNAL OF THE SENATE Increase funds for the employer share of health insurance ($10,985,748) and retiree health benefits ($5,683,199). $16,668,947 $16,668,947 Transfer the Herty Advanced Materials Development Center program from Economic Development to the Board of Regents and provide funds to Georgia Southern University for maintenance and operations. $614,773 $614,773 Adjust debt service payback amount for parking decks at Georgia Tech ($507,638) and Georgia State University ($323,042). $830,680 $830,680 Transfer funds for Fort Valley Land Grant Match from Teaching program to Public Service/Special Funding Initiatives. ($2,514,026) ($2,514,026) Transfer funds from the HBCU Mission-Related program for Savannah State and Albany State Universities from Public Service/Special Funding Initiatives to the Teaching Program. $557,044 $557,044 Reflect an adjustment in the employer share of the Teachers' $14,613,198 $14,613,198 Retirement System from 10.28% to 11.41%. Provide funds for the Southern Legislative Conference's (SLC) Center for Advancement of Leadership Skills (CALS) program at Georgia State University. $25,000 $25,000 Increase funds for a teaching Eminent Scholar. $500,000 $500,000 Amount appropriated in this Act $1,631,690,795 $5,650,083,001 40.18. Veterinary Medicine Experiment Station Purpose: 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 Funds $2,546,463 State Funds $2,546,463 State General Funds $2,546,463 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,542,873 $2,542,873 Reduce funds for operating expenses. ($23,383) ($23,383) Increase funds for the employer share of health insurance. $15,020 $15,020 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $11,953 $11,953 Amount appropriated in this Act $2,546,463 $2,546,463 TUESDAY, MARCH 27, 2012 3547 40.19. Veterinary Medicine Teaching Hospital Purpose: 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 Funds $10,050,990 Other Funds $9,621,951 Agency Funds $9,621,951 State Funds $429,039 State General Funds $429,039 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $433,774 $10,055,725 Reduce funds for personal services. ($8,675) ($8,675) Increase funds for the employer share of health insurance. $3,940 $3,940 Amount appropriated in this Act $429,039 $10,050,990 The following appropriations are for agencies attached for administrative purposes. 40.20. Payments to Georgia Military College Purpose: 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 Funds $2,339,951 State Funds $2,339,951 State General Funds $2,339,951 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,317,107 $2,317,107 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $1,756 $1,756 Reflect an adjustment in the workers' compensation premium. $20,125 $20,125 Reflect an adjustment in unemployment insurance premiums. $11,586 $11,586 Increase funds for general liability premiums. $16,324 $16,324 3548 JOURNAL OF THE SENATE Reduce funds for the Prep School ($32,024) and the Junior College ($14,318). Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. Amount appropriated in this Act ($46,342) $19,395 $2,339,951 ($46,342) $19,395 $2,339,951 40.21. Payments to Georgia Public Telecommunications Commission Purpose: 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 Funds $12,850,843 State Funds $12,850,843 State General Funds $12,850,843 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $12,431,297 $12,431,297 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $73,234 $73,234 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $106,529 $106,529 Increase funds to reflect an adjustment in PeopleSoft billings. $4,333 $4,333 Eliminate one full-time position and one part-time position to reflect the agency reorganization. ($205,769) ($205,769) Eliminate one-time funds to broadcast the Georgia Music Hall of Fame Awards Show. ($50,000) ($50,000) Reduce funds for operating expenses. (CC:Restore funds for operating expenses.) $470,500 $470,500 Eliminate state general funds supporting employee parking spaces. ($11,357) ($11,357) Eliminate funds for professional association memberships. ($19,001) ($19,001) Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $1,077 $1,077 Redirect state general funds supporting employee parking spaces to pay for escalated costs associated with the Discovery Education contract ($57,763). (G:YES) (CC:YES) $0 $0 Increase funds for special education programming. $50,000 $50,000 Amount appropriated in this Act $12,850,843 $12,850,843 TUESDAY, MARCH 27, 2012 3549 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 Intra-State Government Transfers Other Intra-State Government Payments $167,987,384 $187,422 $187,422 $27,860,471 $19,293,471 $8,567,000 $139,713,911 $139,563,911 $150,000 $225,580 $225,580 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 $14,113,976 Other Funds $125,000 Agency Funds $125,000 State Funds $13,763,396 State General Funds $13,763,396 Intra-State Government Transfers $225,580 Other Intra-State Government Payments $225,580 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $14,278,632 $14,629,212 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $101,396 $101,396 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $159,614 $159,614 Reflect an adjustment in telecommunications expenses. ($435,572) ($435,572) Reflect an adjustment in the workers' compensation premium. ($14,879) ($14,879) Reflect an adjustment in unemployment insurance premiums. ($11,197) ($11,197) 3550 JOURNAL OF THE SENATE Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system. Transfer funds and four positions for regulation of alcohol licensing to Industry Regulation to better align budget and expenditures. Eliminate funding for the courtesy postage-paid envelopes included with notices sent to taxpayers. Reduce one-time funds added in HB 78 (2011 Session) for equipment. Amount appropriated in this Act $4,935 $1,510 ($7,621) $288,000 $4,935 $1,510 ($7,621) $288,000 ($136,422) ($136,422) ($385,000) ($385,000) ($80,000) ($80,000) $13,763,396 $14,113,976 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 $7,058,029 Other Funds $484,210 Agency Funds $484,210 State Funds $6,573,819 State General Funds $6,573,819 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,684,788 $8,168,998 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $75,003 $75,003 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $111,730 $111,730 Reflect an adjustment in telecommunications expenses. ($96,794) ($96,794) Reflect an adjustment in the workers' compensation premium. ($10,415) ($10,415) Reflect an adjustment in unemployment insurance premiums. ($7,838) ($7,838) Increase funds for general liability premiums. $3,454 $3,454 TUESDAY, MARCH 27, 2012 3551 Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds, 11 positions and six vehicles to the Office of Special Investigation to align budget and expenditures. Transfer funds and three positions to Motor Vehicles Registration and Titling to align budget expenditures associated with relocation of Tradeport offices. Transfer funds and four positions to the Office of Tax Policy to align budget and expenditures. Reduce funding for personal services due to attrition. Reduce funds for personal services and maintain a current vacancy. (CC:No reduction. Maintain vacancy.) Amount appropriated in this Act $1,057 ($5,335) ($561,432) ($148,620) ($311,779) ($160,000) $0 $6,573,819 $1,057 ($5,335) ($561,432) ($148,620) ($311,779) ($160,000) $0 $7,058,029 41.3. Forestland Protection Grants Purpose: The purpose of this appropriation is to 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 $14,184,250 State Funds $14,184,250 State General Funds $14,184,250 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $14,584,551 $14,584,551 Reduce funds to meet actual expenditures. ($400,301) ($400,301) Amount appropriated in this Act $14,184,250 $14,184,250 41.4. Fraud Detection and Prevention Purpose: The purpose of this program is to identify and prevent tax fraud and protect Georgia citizens from identity theft through the use of fraud analytical tools. 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 (HB78) $0 $0 Amount appropriated in this Act $0 $0 3552 JOURNAL OF THE SENATE 41.5. 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 $5,817,759 Federal Funds and Grants $187,422 Federal Funds Not Specifically Identified $187,422 Other Funds $2,588,503 Agency Funds $1,091,503 Other Funds - Not Specifically Identified $1,497,000 State Funds $3,041,834 State General Funds $2,891,834 Tobacco Settlement 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 (HB78) $2,788,968 $5,864,893 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $38,660 $38,660 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $79,807 $79,807 Reflect an adjustment in telecommunications expenses. ($48,397) ($48,397) Reflect an adjustment in the workers' compensation premium. ($7,439) ($7,439) Reflect an adjustment in unemployment insurance premiums. ($5,598) ($5,598) Increase funds for general liability premiums. $2,467 $2,467 Increase funds to reflect an adjustment in PeopleSoft billings. $755 $755 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($3,811) ($3,811) Provide state funds to replace fees required to be remitted to $300,000 $0 the Office of the State Treasurer, pursuant to the State of Georgia 2011 Budgetary Compliance Report. Transfer funds and four positions for regulation of alcohol licensing from Customer Service to better align budget and expenditures. $136,422 $136,422 TUESDAY, MARCH 27, 2012 3553 Reduce one-time funds added in HB 78 (2011 Session) for motor vehicles. Amount appropriated in this Act ($240,000) $3,041,834 ($240,000) $5,817,759 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 $4,489,038 Other Funds $2,670,000 Agency Funds $200,000 Other Funds - Not Specifically Identified $2,470,000 State Funds $1,819,038 State General Funds $1,819,038 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,270,247 $4,940,247 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $32,228 $32,228 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $63,846 $63,846 Reflect an adjustment in telecommunications expenses. ($290,381) ($290,381) Reflect an adjustment in the workers' compensation premium. ($5,952) ($5,952) Reflect an adjustment in unemployment insurance premiums. ($4,479) ($4,479) Increase funds for general liability premiums. $1,974 $1,974 Increase funds to reflect an adjustment in PeopleSoft billings. $604 $604 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($3,049) ($3,049) Realize savings in rent through office consolidation. ($200,000) ($200,000) Reduce funds for contracts. ($36,000) ($36,000) Reduce funding for operating expenses. ($10,000) ($10,000) Amount appropriated in this Act $1,819,038 $4,489,038 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. 3554 JOURNAL OF THE SENATE Total Funds $9,232,474 State Funds $9,232,474 State General Funds $9,232,474 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,984,996 $6,984,996 Increase funds to reflect an adjustment in the employer share $1,631,535 of the Employees' Retirement System. $1,631,535 Provide funds to pay the Employees' Retirement System of Georgia (ERS) for the liability on local tax officials' retirement benefits covering FY 2013. $615,943 $615,943 Amount appropriated in this Act $9,232,474 $9,232,474 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 $19,246,973 Other Funds $4,981,765 Agency Funds $3,881,765 Other Funds - Not Specifically Identified $1,100,000 State Funds $14,265,208 State General Funds $14,265,208 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,493,717 $16,475,482 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $94,521 $94,521 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $111,730 $111,730 Reflect an adjustment in telecommunications expenses. ($1,500,303) ($1,500,303) Reflect an adjustment in the workers' compensation premium. ($10,415) ($10,415) Reflect an adjustment in unemployment insurance premiums. ($7,838) ($7,838) Increase funds for general liability premiums. $3,454 $3,454 TUESDAY, MARCH 27, 2012 3555 Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds and three positions from Departmental Administration to better align budget and expenditures. Reduce funds for freight. Realize savings in rent through office consolidation. Reduce funds in operating expenses for postage. Provide state funds to replace fees required to be remitted to the Office of the State Treasurer, pursuant to the State of Georgia 2011 Budgetary Compliance Report. Utilize other funds from the purchase of tag data to provide the initial step for a three-year replacement schedule for county GRATIS printers and maintenance ($500,000). (CC:Provide the initial step for a three-year replacement schedule for county GRATIS printers to assist in the implementation of Georgia Tax Reform, HB 386. ) Implement tax reform pursuant to HB 386 by providing ten positions, enhanced call center support services and technology upgrades. Amount appropriated in this Act $1,057 ($5,335) $148,620 ($30,000) ($200,000) ($10,000) $7,000,000 $700,000 $3,476,000 $14,265,208 $1,057 ($5,335) $148,620 ($30,000) ($200,000) ($10,000) $0 $700,000 $3,476,000 $19,246,973 41.9. Office of Special Investigations Purpose: The purpose of this appropriation is to investigate fraudulent taxpayer and criminal activities involving Department efforts. Additionally, $677,000 is specifically appropriated for six Special Investigation Agents and four Fraud Detection Group Financial Analysts to enhance revenue collections. Total Funds $3,710,891 State Funds $3,710,891 State General Funds $3,710,891 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,736,081 $2,736,081 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $23,067 $23,067 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $47,884 $47,884 Reflect an adjustment in telecommunications expenses. ($48,397) ($48,397) 3556 JOURNAL OF THE SENATE Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Transfer funds, 11 positions and six vehicles from Departmental Administration to align budget and expenditures. Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system. Amount appropriated in this Act ($4,464) ($3,359) $1,480 $453 ($2,286) $561,432 ($4,464) ($3,359) $1,480 $453 ($2,286) $561,432 $399,000 $399,000 $3,710,891 $3,710,891 41.10. 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 $14,243,359 State Funds $14,243,359 State General Funds $14,243,359 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $14,342,762 $14,342,762 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $76,576 $76,576 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $95,769 $95,769 Reflect an adjustment in telecommunications expenses. ($48,397) ($48,397) Reflect an adjustment in the workers' compensation premium. ($8,927) ($8,927) Reflect an adjustment in unemployment insurance premiums. ($6,718) ($6,718) Increase funds for general liability premiums. $2,961 $2,961 Increase funds to reflect an adjustment in PeopleSoft billings. $906 $906 TUESDAY, MARCH 27, 2012 3557 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Realize savings in rent through office consolidation. Reduce funding for operating expenses for postage ($110,000) and software ($10,000). Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system. Amount appropriated in this Act ($4,573) ($200,000) ($120,000) $113,000 ($4,573) ($200,000) ($120,000) $113,000 $14,243,359 $14,243,359 41.11. Tax Compliance Purpose: The purpose of this appropriation is to audit tax accounts, ensure compliance, and collect on delinquent accounts. Total Funds $52,390,593 Other Funds $16,610,993 Agency Funds $13,110,993 Other Funds - Not Specifically Identified $3,500,000 State Funds $35,779,600 State General Funds $35,779,600 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $35,515,536 $52,126,529 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $352,192 $352,192 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $654,419 $654,419 Reflect an adjustment in telecommunications expenses. ($387,175) ($387,175) Reflect an adjustment in the workers' compensation premium. ($61,003) ($61,003) Reflect an adjustment in unemployment insurance premiums. ($45,906) ($45,906) Increase funds for general liability premiums. $20,233 $20,233 Increase funds to reflect an adjustment in PeopleSoft billings. $6,189 $6,189 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($31,248) ($31,248) Amount appropriated in this Act $35,779,600 $52,390,593 3558 JOURNAL OF THE SENATE 41.12. Tax 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 $2,010,939 Other Funds $400,000 Agency Funds $400,000 State Funds $1,610,939 State General Funds $1,610,939 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,460,248 $1,860,248 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $22,791 $22,791 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $47,884 $47,884 Reflect an adjustment in telecommunications expenses. ($193,587) ($193,587) Reflect an adjustment in the workers' compensation premium. ($4,464) ($4,464) Reflect an adjustment in unemployment insurance premiums. ($3,359) ($3,359) Increase funds for general liability premiums. $1,480 $1,480 Increase funds to reflect an adjustment in PeopleSoft billings. $453 $453 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($2,286) ($2,286) Transfer funds and four positions from Departmental Administration to align budget and expenditures. $311,779 $311,779 Reduce funds for contracts. ($30,000) ($30,000) Amount appropriated in this Act $1,610,939 $2,010,939 41.13. 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 $21,489,103 State Funds $21,489,103 State General Funds $21,489,103 TUESDAY, MARCH 27, 2012 3559 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $23,060,243 $23,060,243 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $172,955 $172,955 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $223,460 $223,460 Reflect an adjustment in telecommunications expenses. ($1,790,684) ($1,790,684) Reflect an adjustment in the workers' compensation premium. ($20,830) ($20,830) Reflect an adjustment in unemployment insurance premiums. ($15,675) ($15,675) Increase funds for general liability premiums. $6,911 $6,911 Increase funds to reflect an adjustment in PeopleSoft billings. $2,111 $2,111 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($10,670) ($10,670) Provide funds for operational costs associated with the implementation of a tax fraud detection and prevention system. $70,000 $70,000 Amount appropriated in this Act $21,489,103 $21,489,103 Section 42: Secretary of State Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified Records Center Storage Fee State Funds State General Funds $32,572,296 $85,000 $85,000 $1,557,183 $1,121,412 $435,771 $30,930,113 $30,930,113 42.1. Archives and Records Purpose: The purpose of this appropriation is to maintain the state's archives; 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. 3560 JOURNAL OF THE SENATE Total Funds $4,966,560 Other Funds $532,671 Other Funds - Not Specifically Identified $96,900 Records Center Storage Fee $435,771 State Funds $4,433,889 State General Funds $4,433,889 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,313,024 $4,845,695 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $17,610 $17,610 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $23,096 $23,096 Reflect an adjustment in telecommunications expenses. $0 $0 Reflect an adjustment in the workers' compensation premium. ($2,122) ($2,122) Reflect an adjustment in unemployment insurance premiums. $4,097 $4,097 Increase funds for general liability premiums. $12,441 $12,441 Increase funds to reflect an adjustment in PeopleSoft billings. $1,256 $1,256 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($3,013) ($3,013) Provide funding to allow the State Archives building to remain open to the public one additional half-day per week. $67,500 $67,500 Amount appropriated in this Act $4,433,889 $4,966,560 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 $2,000,783 Other Funds $739,512 Other Funds - Not Specifically Identified $739,512 State Funds $1,261,271 State General Funds $1,261,271 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3561 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for personal services. Amount appropriated in this Act State Funds $1,231,461 $15,157 $24,832 $0 ($3,117) $6,720 $18,860 ($775) ($7,238) ($24,629) $1,261,271 Total Funds $1,970,973 $15,157 $24,832 $0 ($3,117) $6,720 $18,860 ($775) ($7,238) ($24,629) $2,000,783 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 $4,924,720 Federal Funds and Grants $85,000 Federal Funds Not Specifically Identified $85,000 Other Funds $50,000 Other Funds - Not Specifically Identified $50,000 State Funds $4,789,720 State General Funds $4,789,720 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $4,648,857 $4,783,857 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $26,124 $26,124 3562 JOURNAL OF THE SENATE Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act $36,480 $55,795 ($3,910) $6,788 $21,054 $514 ($1,982) $4,789,720 $36,480 $55,795 ($3,910) $6,788 $21,054 $514 ($1,982) $4,924,720 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 $6,132,898 Other Funds $15,000 Other Funds - Not Specifically Identified $15,000 State Funds $6,117,898 State General Funds $6,117,898 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,766,114 $5,781,114 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $76,943 $76,943 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $100,440 $100,440 Reflect an adjustment in telecommunications expenses. $0 $0 Reflect an adjustment in the workers' compensation premium. ($17,717) ($17,717) Reflect an adjustment in unemployment insurance premiums. $15,412 $15,412 Increase funds for general liability premiums. $58,378 $58,378 Increase funds to reflect an adjustment in PeopleSoft billings. ($4,620) ($4,620) Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($8,362) ($8,362) TUESDAY, MARCH 27, 2012 3563 Reduce funds for operating expenses. Fund eight positions to increase enforcement in the professional licensing boards and recognize revenues generated from fines due to licensing violations. Amount appropriated in this Act ($265,322) $396,632 ($265,322) $396,632 $6,117,898 $6,132,898 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 $7,161,199 Other Funds $150,000 Other Funds - Not Specifically Identified $150,000 State Funds $7,011,199 State General Funds $7,011,199 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $6,827,104 $6,977,104 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $72,165 $72,165 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $94,317 $94,317 Reflect an adjustment in telecommunications expenses. $0 $0 Reflect an adjustment in the workers' compensation premium. ($10,152) ($10,152) Reflect an adjustment in unemployment insurance premiums. $29,077 $29,077 Increase funds for general liability premiums. $82,304 $82,304 Increase funds to reflect an adjustment in PeopleSoft billings. $6,522 $6,522 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($5,596) ($5,596) Reduce funds for personal services. ($136,542) ($136,542) Provide funds to the Georgia Board of Pharmacy for operations and the administration of exams. $25,000 $25,000 Provide one-time funds for the revision of the mandatory surveys required for RN, APRN and LPN license renewals. $27,000 $27,000 Amount appropriated in this Act $7,011,199 $7,161,199 3564 JOURNAL OF THE SENATE 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 $883,891 Other Funds $50,000 Other Funds - Not Specifically Identified $50,000 State Funds $833,891 State General Funds $833,891 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $819,685 $869,685 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $9,269 $9,269 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $12,320 $12,320 Reflect an adjustment in telecommunications expenses. $0 $0 Reflect an adjustment in the workers' compensation premium. ($3,101) ($3,101) Reflect an adjustment in unemployment insurance premiums. $3,222 $3,222 Increase funds for general liability premiums. $11,484 $11,484 Increase funds to reflect an adjustment in PeopleSoft billings. ($571) ($571) Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,483) ($1,483) Reduce funds for personal services. ($16,934) ($16,934) Amount appropriated in this Act $833,891 $883,891 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 $272,104 Other Funds $20,000 TUESDAY, MARCH 27, 2012 3565 Other Funds - Not Specifically Identified $20,000 State Funds $252,104 State General Funds $252,104 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $242,403 $262,403 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $3,795 $3,795 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $5,689 $5,689 Reflect an adjustment in the workers' compensation premium. ($3,604) ($3,604) Reflect an adjustment in unemployment insurance premiums. $8,922 $8,922 Increase funds to reflect an adjustment in PeopleSoft billings. $1,681 $1,681 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($1,934) ($1,934) Reduce funding for operating expenses. ($4,848) ($4,848) Amount appropriated in this Act $252,104 $272,104 42.8. Georgia Drugs and Narcotics Agency Purpose: The purpose of this appropriation is to protect the health, safety, and welfare of the general public by providing an enforcement presence to oversee all laws and regulations pertaining to controlled substances and dangerous drugs. Total Funds $1,941,697 State Funds $1,941,697 State General Funds $1,941,697 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,950,515 $1,950,515 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $19,553 $19,553 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $28,840 $28,840 Reflect an adjustment in telecommunications expenses. $0 $0 3566 JOURNAL OF THE SENATE Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funding for personal services. Amount appropriated in this Act ($584) $6,056 $2,361 ($499) ($64,545) $1,941,697 ($584) $6,056 $2,361 ($499) ($64,545) $1,941,697 42.9. Georgia Government Transparency and Campaign Finance 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 $1,344,179 State Funds $1,344,179 State General Funds $1,344,179 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,084,145 $1,084,145 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $13,773 $13,773 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $19,072 $19,072 Reflect an adjustment in telecommunications expenses. $491 $491 Reflect an adjustment in the workers' compensation premium. ($1,599) ($1,599) Reflect an adjustment in unemployment insurance premiums. $3,570 $3,570 Increase funds to reflect an adjustment in PeopleSoft billings. $569 $569 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($842) ($842) Increase funds for anticipated mailing costs associated with the Georgia Government Transparency and Campaign Finance Act. $25,000 $25,000 TUESDAY, MARCH 27, 2012 3567 Provide one-time funds for IT upgrades to address challenges to systems due to an increase in traffic. Utilize existing funds for a data programmer. (CC:Increase funds for a data entry position and an auditor.) Utilize up to $2,800 in existing funds to provide training for local governments and officials. (CC:YES) Amount appropriated in this Act $100,000 $100,000 $0 $1,344,179 $100,000 $100,000 $0 $1,344,179 42.10. Real Estate Commission Purpose: The purpose of this appropriation is to administer the license law for real estate brokers and salespersons, and provide administrative support to the Georgia Real Estate Appraisers Board in their administration of the Real Estate Appraisal. Total Funds $2,944,265 State Funds $2,944,265 State General Funds $2,944,265 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,929,545 $2,929,545 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $31,276 $31,276 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $45,694 $45,694 Reflect an adjustment in telecommunications expenses. ($4,662) ($4,662) Reflect an adjustment in the workers' compensation premium. ($243) ($243) Reflect an adjustment in unemployment insurance premiums. $1,070 $1,070 Increase funds to reflect an adjustment in PeopleSoft billings. $325 $325 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($149) ($149) Reduce funding for contractual services based on reduced workload. ($58,591) ($58,591) Amount appropriated in this Act $2,944,265 $2,944,265 Section 43: Soil and Water Conservation Commission Total Funds Federal Funds and Grants $9,926,138 $2,070,034 3568 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified Other Funds Other Funds - Not Specifically Identified State Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $2,070,034 $628,335 $628,335 $2,652,481 $2,652,481 $709,467 $709,467 43.1. Commission Administration Purpose: The purpose of this appropriation is to protect, conserve, and improve the soil and water resources of the State of Georgia. Total Funds $744,781 State Funds $744,781 State General Funds $744,781 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $721,339 $721,339 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $10,370 $10,370 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $14,209 $14,209 Reflect an adjustment in telecommunications expenses. ($1,800) ($1,800) Reflect an adjustment in the workers' compensation premium. $202 $202 Reflect an adjustment in unemployment insurance premiums. ($281) ($281) Increase funds for general liability premiums. $640 $640 Increase funds to reflect an adjustment in PeopleSoft billings. $102 $102 Amount appropriated in this Act $744,781 $744,781 43.2. Conservation of Agricultural Water Supplies Purpose: 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 Funds $2,561,016 TUESDAY, MARCH 27, 2012 3569 Federal Funds and Grants $1,730,528 Federal Funds Not Specifically Identified $1,730,528 Other Funds $592,251 Other Funds - Not Specifically Identified $592,251 State Funds $238,237 State General Funds $238,237 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Amount appropriated in this Act State Funds $233,535 $2,010 $2,842 ($279) $132 ($175) $148 $24 $238,237 Total Funds $2,556,314 $2,010 $2,842 ($279) $132 ($175) $148 $24 $2,561,016 43.3. Conservation of Soil and Water Resources Purpose: 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 Funds $2,468,649 Federal Funds and Grants $339,506 Federal Funds Not Specifically Identified $339,506 Other Funds $36,084 Other Funds - Not Specifically Identified $36,084 State Funds $1,383,592 State General Funds $1,383,592 3570 JOURNAL OF THE SENATE Intra-State Government Transfers $709,467 Other Intra-State Government Payments $709,467 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Amount appropriated in this Act State Funds $1,344,676 $15,567 $23,544 ($1,024) $547 ($710) $855 $137 $1,383,592 Total Funds $2,429,733 $15,567 $23,544 ($1,024) $547 ($710) $855 $137 $2,468,649 43.4. U.S.D.A. Flood Control Watershed Structures Purpose: 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 Funds $3,989,063 State Funds $123,242 State General Funds $123,242 43.5. Water Resources and Land Use Planning Purpose: The purpose of this appropriation is to provide funds for planning and research on water management, erosion and sedimentation control. Total Funds $162,629 State Funds $162,629 State General Funds $162,629 Section 44: Personnel Administration, State Total Funds $0 TUESDAY, MARCH 27, 2012 3571 44.1. Recruitment and Staffing Services Purpose: 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 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 (HB78) $0 $1,591,242 Eliminate 17 positions. $0 ($835,275) Transfer ten positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. $0 ($755,967) Amount appropriated in this Act $0 $0 44.2. System Administration Purpose: The purpose of this appropriation is to provide administrative and technical support to the agency. 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 (HB78) $0 $3,681,399 Transfer 19 positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. $0 ($3,681,399) Transfer 19 positions to the Governor's Office of Consumer $0 $0 Protection for Call Center support and 1-800-Georgia operations. (G:YES) (CC:YES) Eliminate four positions. (G:YES) (CC:YES) $0 $0 Eliminate payment of $2,447,035 to the Office of the State Treasurer. (G:YES) (CC:YES) $0 $0 Amount appropriated in this Act $0 $0 44.3. Total Compensation and Rewards Purpose: The purpose of this appropriation is to ensure fair and consistent employee compensation practices across state agencies. Total Funds $0 3572 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 (HB78) $0 $6,084,586 Eliminate 11 positions. $0 ($935,108) Transfer 11 positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. $0 ($5,149,478) Amount appropriated in this Act $0 $0 44.4. Workforce Development and Alignment Purpose: 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 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 (HB78) $0 $1,137,223 Eliminate 27 positions. $0 ($917,147) Transfer two positions and other funds from the State Personnel Administration to the Department of Administrative Services for statewide human resources support. $0 ($220,076) Amount appropriated in this Act $0 $0 Section 45: Student Finance Commission, Georgia Total Funds Other Funds Other Funds - Not Specifically Identified State Funds Lottery Funds State General Funds $641,735,855 $1,582,132 $1,582,132 $640,153,723 $605,837,546 $34,316,177 45.1. Accel Purpose: The purpose of this appropriation is to 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 $7,069,682 TUESDAY, MARCH 27, 2012 3573 Other Funds $569,682 Other Funds - Not Specifically Identified $569,682 State Funds $6,500,000 State General Funds $6,500,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds for the Accel program to meet the projected need (Other Funds: $569,682). (CC:Provide an equivalent benefit as the HOPE-Public program by removing books and fees. Fund enrollment in the AFY 2013 budget based on actuals.) Amount appropriated in this Act State Funds $6,500,000 $0 $6,500,000 Total Funds $6,500,000 $569,682 $7,069,682 45.2. Engineer Scholarship Purpose: 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 Funds $570,000 State Funds $570,000 State General Funds $570,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Increase funds for the Engineer Scholarship program to meet the projected need. Amount appropriated in this Act State Funds $550,000 $20,000 $570,000 Total Funds $550,000 $20,000 $570,000 45.3. Georgia Military College Scholarship Purpose: 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 Funds $1,094,862 State Funds $1,094,862 State General Funds $1,094,862 3574 JOURNAL OF THE SENATE 45.4. HERO Scholarship Purpose: 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 Funds $800,000 State Funds $800,000 State General Funds $800,000 45.5. HOPE Administration Purpose: 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 Funds $7,922,124 State Funds $7,922,124 Lottery Funds $7,922,124 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,770,114 $7,770,114 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $39,267 $39,267 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $57,410 $57,410 Reflect an adjustment in the workers' compensation premium. ($8,421) ($8,421) Reflect an adjustment in unemployment insurance premiums. $62,958 $62,958 Increase funds for general liability premiums. $1,400 $1,400 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($604) ($604) Amount appropriated in this Act $7,922,124 $7,922,124 45.6. HOPE GED Purpose: 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 Funds $2,636,276 State Funds $2,636,276 Lottery Funds $2,636,276 TUESDAY, MARCH 27, 2012 3575 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $2,957,061 $2,957,061 Decrease funds for the HOPE GED program to meet the projected need. ($320,785) ($320,785) Amount appropriated in this Act $2,636,276 $2,636,276 45.7. HOPE Grant Purpose: The purpose of this appropriation is to provide grants to students seeking a diploma or certificate at a public postsecondary institution. Total Funds $112,658,625 State Funds $112,658,625 Lottery Funds $112,658,625 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $130,737,363 $130,737,363 Maintain current award amount and reduce funds to meet the projected need (100% Factor Rate). ($18,078,738) ($18,078,738) Amount appropriated in this Act $112,658,625 $112,658,625 45.8. HOPE Scholarships - Private Schools Purpose: The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible private postsecondary institution. Total Funds $54,385,503 State Funds $54,385,503 Lottery Funds $54,385,503 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Maintain current award amount and reduce funds to meet the projected need (100% Factor Rate). Provide funds for Zell Miller Scholarships for students attending eligible private postsecondary institutions. (CC:Create a Zell Miller Scholarship subprogram.) Amount appropriated in this Act State Funds $54,501,104 ($3,182,942) Total Funds $54,501,104 ($3,182,942) $3,067,341 $3,067,341 $54,385,503 $54,385,503 3576 JOURNAL OF THE SENATE 45.9. HOPE Scholarships - Public Schools Purpose: The purpose of this appropriation is to provide merit scholarships to students seeking an associate or baccalaureate degree at an eligible public postsecondary institution. Total Funds $408,235,018 State Funds $408,235,018 Lottery Funds $408,235,018 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $377,666,709 $377,666,709 Increase funds for the HOPE Scholarship - Public Schools program to maintain the current award amount (100% Factor Rate). $10,040,721 $10,040,721 Provide funds for Zell Miller Scholarships for students attending eligible public postsecondary institutions. (CC:Create a Zell Miller Scholarship subprogram.) $20,527,588 $20,527,588 Amount appropriated in this Act $408,235,018 $408,235,018 45.10. Low Interest Loans Purpose: The purpose of this appropriation is to implement a low-interest loan program to assist with the affordability of a college education, encourage timely persistence to the achievement of postsecondary credentials, and to incentivize loan recipients to work in public service. The loans are forgivable for recipients who work in certain critical need occupations. The purpose of this appropriation is also to provide loans for students eligible under O.C.G.A. 20-3-400.2(e.1). Total Funds $20,000,000 State Funds $20,000,000 Lottery Funds $20,000,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $20,000,000 $20,000,000 Reflect a change in the purpose statement. (CC:YES) $0 $0 Amount appropriated in this Act $20,000,000 $20,000,000 45.11. North Ga. Military Scholarship Grants Purpose: 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 Funds $1,927,299 Other Funds $482,723 TUESDAY, MARCH 27, 2012 3577 Other Funds - Not Specifically Identified $482,723 State Funds $1,444,576 State General Funds $1,444,576 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,352,800 $1,835,523 Increase funds for the North Georgia Military Scholarship Grants to meet projected need. $91,776 $91,776 Amount appropriated in this Act $1,444,576 $1,927,299 45.12. North Georgia ROTC Grants Purpose: The purpose of this appropriation is to provide Georgia residents with nonrepayable financial assistance to attend North Georgia College and State University and to participate in the Reserve Officers Training Corps program. Total Funds $875,000 State Funds $875,000 State General Funds $875,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $802,479 $802,479 Increase funds for the North Georgia ROTC Grants to meet projected need. $72,521 $72,521 Amount appropriated in this Act $875,000 $875,000 45.13. Public Memorial Safety Grant Purpose: 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 postsecondary institution in the State of Georgia. Total Funds $376,761 State Funds $376,761 State General Funds $376,761 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $306,761 $306,761 Increase funds for the Public Memorial Safety Grant program to meet the projected need. $70,000 $70,000 3578 JOURNAL OF THE SENATE Amount appropriated in this Act $376,761 $376,761 45.14. Tuition Equalization Grants Purpose: 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 postsecondary institutions. Total Funds $22,426,050 Other Funds $529,727 Other Funds - Not Specifically Identified $529,727 State Funds $21,896,323 State General Funds $21,896,323 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $25,002,946 $25,002,946 Reduce funds for the Tuition Equalization Grant program and replace state general funds with deferred revenue to meet the projected need (Other Funds: $529,727). ($3,106,623) ($2,576,896) Amount appropriated in this Act $21,896,323 $22,426,050 45.15. Zell Miller Scholars Purpose: The purpose of this appropriation is to provide a full-tuition scholarship to Georgia public college students or a $4,000 scholarship to Georgia private college students graduating high school with a 3.7 GPA and scoring a 1200 SAT or 26 ACT or named valedictorian or salutatorian. The scholarship may be continued beyond the freshman year by maintaining a 3.3 GPA in college. 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 (HB78) $19,105,888 $19,105,888 Consolidate the Zell Miller Scholarship program into the HOPE Scholarship - Public Schools program and HOPE Scholarship - Private Schools program. ($19,105,888) ($19,105,888) Amount appropriated in this Act $0 $0 The following appropriations are for agencies attached for administrative purposes. TUESDAY, MARCH 27, 2012 3579 45.16. Nonpublic Postsecondary Education Commission Purpose: The purpose of this appropriation is to authorize private postsecondary schools in Georgia; provide transcripts for students who attended schools that closed; and resolve complaints. Total Funds $758,655 State Funds $758,655 State General Funds $758,655 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $692,684 $692,684 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $9,817 $9,817 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $10,939 $10,939 Reflect an adjustment in telecommunications expenses. $187 $187 Reflect an adjustment in the workers' compensation premium. ($31,591) ($31,591) Reflect an adjustment in unemployment insurance premiums. $17,804 $17,804 Increase funds for general liability premiums. $329 $329 Restore funds for one position. $58,486 $58,486 Amount appropriated in this Act $758,655 $758,655 Section 46: Teachers' Retirement System Total Funds State Funds State General Funds Intra-State Government Transfers Retirement Payments $30,146,278 $590,000 $590,000 $29,556,278 $29,556,278 It is the intent of the General Assembly that the employer contribution rate for the Teachers' Retirement System shall not exceed 11.41% for State Fiscal Year 2013. 46.1. Local/Floor COLA Purpose: 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 Funds $590,000 3580 JOURNAL OF THE SENATE State Funds $590,000 State General Funds $590,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $793,000 $793,000 Reduce funds due to the declining population of teachers who qualify for this benefit. ($203,000) ($203,000) Amount appropriated in this Act $590,000 $590,000 46.2. System Administration Purpose: The purpose of this appropriation is to administer the Teachers Retirement System of Georgia, including paying retiree benefits, investing retirement funds, accounting for the status and contributions of active and inactive members, counseling members, and processing refunds. Total Funds $29,556,278 Intra-State Government Transfers $29,556,278 Retirement Payments $29,556,278 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $0 $29,268,428 Increase other funds to reflect an adjustment in the employer rate for the Employees' Retirement System. $0 $530,110 Reduce other funds for one-time computer-related expenses. $0 ($242,260) Reflect changes to the purpose statement. (G:YES) (CC:YES) $0 $0 Amount appropriated in this Act $0 $29,556,278 Section 47: 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 $667,744,434 $66,509,000 $66,509,000 $268,710,000 $268,613,230 $96,770 $330,570,350 $330,570,350 $1,360,000 TUESDAY, MARCH 27, 2012 3581 Other Intra-State Government Payments $1,360,000 47.1. Adult Literacy Purpose: 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 Funds $39,400,984 Federal Funds and Grants $20,447,889 Federal Funds Not Specifically Identified $20,447,889 Other Funds $5,480,000 Agency Funds $5,480,000 State Funds $13,473,095 State General Funds $13,473,095 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $12,828,054 $37,418,054 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $269,119 $269,119 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $72,865 $72,865 Reflect an adjustment in telecommunications expenses. ($224) ($224) Reflect an adjustment in the workers' compensation premium. ($2,797) ($2,797) Reflect an adjustment in unemployment insurance premiums. $344 $344 Increase funds for general liability premiums. $14,157 $14,157 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($9,690) ($9,690) Transfer funds and personnel from the Departmental Administration program to realign the budget to the appropriate program. $239,721 $1,577,610 Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $61,546 $61,546 Amount appropriated in this Act $13,473,095 $39,400,984 47.2. Departmental Administration Purpose: 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. 3582 JOURNAL OF THE SENATE Total Funds $8,812,122 Federal Funds and Grants $62,111 Federal Funds Not Specifically Identified $62,111 Other Funds $100,000 Agency Funds $100,000 State Funds $7,944,927 State General Funds $7,944,927 Intra-State Government Transfers $110,000 Other Intra-State Government Payments $110,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $7,635,862 $9,840,946 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $130,786 $130,786 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $124,700 $124,700 Reflect an adjustment in telecommunications expenses. ($606) ($606) Reflect an adjustment in the workers' compensation premium. ($2,943) ($2,943) Reflect an adjustment in unemployment insurance premiums. $265 $265 Increase funds for general liability premiums. $8,810 $8,810 Increase funds to reflect an adjustment in PeopleSoft billings. $8,519 $8,519 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($4,120) ($4,120) Reduce funds for personal services and operating expenses. ($122,717) ($122,717) Reduce funds for contractual services. ($30,000) ($30,000) Transfer funds and administrative personnel from the Quick Start program to the Departmental Administration program. $421,466 $421,466 Transfer funds and personnel to the Adult Literacy program to realign the budget to the appropriate program. ($239,721) ($1,577,610) Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $14,626 $14,626 Eliminate one vacant position in the Office of Communications. (G:YES) (CC:YES) $0 $0 Amount appropriated in this Act $7,944,927 $8,812,122 TUESDAY, MARCH 27, 2012 3583 47.3. Quick Start and Customized Services Purpose: The purpose of this appropriation is to promote job creation and retention by developing and delivering customized workforce training for Georgia businesses during startup, expansion, or when they make capital investments in new technology, processes, or product lines in order to remain competitive in the global marketplace. Total Funds $22,508,020 Federal Funds and Grants $1,000,000 Federal Funds Not Specifically Identified $1,000,000 Other Funds $8,930,000 Agency Funds $8,930,000 State Funds $12,578,020 State General Funds $12,578,020 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $12,769,875 $22,699,875 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $119,305 $119,305 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $73,698 $73,698 Reflect an adjustment in the workers' compensation premium. ($4,020) ($4,020) Reflect an adjustment in unemployment insurance premiums. $362 $362 Increase funds for general liability premiums. $10,354 $10,354 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($5,598) ($5,598) Transfer funds and administrative personnel from the Quick Start program to the Departmental Administration program. ($421,466) ($421,466) Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $35,510 $35,510 Amount appropriated in this Act $12,578,020 $22,508,020 47.4. Technical Education Purpose: 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 postsecondary education or training to increase their competitiveness in the workplace. Total Funds $597,023,308 Federal Funds and Grants $44,999,000 3584 JOURNAL OF THE SENATE Federal Funds Not Specifically Identified $44,999,000 Other Funds $254,200,000 Agency Funds $254,103,230 Other Funds - Not Specifically Identified $96,770 State Funds $296,574,308 State General Funds $296,574,308 Intra-State Government Transfers $1,250,000 Other Intra-State Government Payments $1,250,000 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $280,037,095 $580,486,095 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $6,171,721 $6,171,721 Increase funds to reflect an adjustment in the employer share $1,760,676 of the Employees' Retirement System. $1,760,676 Reflect an adjustment in telecommunications expenses. ($27,909) ($27,909) Reflect an adjustment in the workers' compensation premium. ($92,464) ($92,464) Reflect an adjustment in unemployment insurance premiums. $11,404 $11,404 Increase funds for general liability premiums. $307,730 $307,730 Increase funds to reflect an adjustment in PeopleSoft billings. $150,820 $150,820 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($322,091) ($322,091) Eliminate one-time funds for CDL Truck Driving program. ($4,500,000) ($4,500,000) Annualize savings from FY 2012 branch location closures. ($2,990,825) ($2,990,825) Provide funding for enrollment growth based on a 6.6% $16,843,896 $16,843,896 increase in credit hours and 4.5% increase in square footage. Reduce funds for operating expenses. ($2,031,876) ($2,031,876) Reflect an adjustment in the employer share of the Teachers' Retirement System from 10.28% to 11.41%. $1,256,131 $1,256,131 Amount appropriated in this Act $296,574,308 $597,023,308 Section 48: Transportation, Department of Total Funds Federal Funds and Grants Federal Highway Administration Highway Planning and Construction $2,011,398,143 $1,210,491,192 $1,143,629,823 TUESDAY, MARCH 27, 2012 3585 Federal Funds Not Specifically Identified Other Funds Agency Funds Other Funds - Not Specifically Identified State Funds Motor Fuel Funds State General Funds Intra-State Government Transfers Other Intra-State Government Payments $66,861,369 $5,730,658 $5,724,308 $6,350 $794,416,060 $786,775,273 $7,640,787 $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 the State Treasurer, attached agency 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.) 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. d.) 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. e.) Bus rental income may be retained to operate, maintain and upgrade department-owned buses. 48.1. Airport Aid Purpose: 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 Funds $38,607,589 Federal Funds and Grants $35,537,002 Federal Funds Not Specifically Identified $35,537,002 Other Funds $6,350 Other Funds - Not Specifically Identified $6,350 State Funds $3,064,237 State General Funds $3,064,237 3586 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 (HB78) $2,454,358 $37,997,710 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $4,027 $4,027 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $4,142 $4,142 Reflect an adjustment in the workers' compensation premium. ($586) ($586) Reflect an adjustment in unemployment insurance premiums. ($57) ($57) Increase funds for general liability premiums. $102,673 $102,673 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($320) ($320) Reduce grant funds for airport aid projects to reflect state match requirements. (CC:Provide grant funds for Airport Aid projects including Blairsville, Hampton, North Georgia Regional Airports, Americus, Bainbridge, Griffin, Rome, and Valdosta.) $500,000 $500,000 Amount appropriated in this Act $3,064,237 $38,607,589 48.2. Capital Construction Projects Purpose: The purpose of this appropriation is to provide funding for Capital Outlay road construction and enhancement projects on local and state road systems. Total Funds $886,908,178 Federal Funds and Grants $675,252,699 Federal Highway Administration Highway Planning and Construction $675,252,699 State Funds $211,655,479 Motor Fuel Funds $211,655,479 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $198,639,678 $873,892,377 Transfer surplus funds from the Payments to State Road and Tollway Authority program to the Capital Construction Projects program for capital outlay projects. $13,015,801 $13,015,801 Amount appropriated in this Act $211,655,479 $886,908,178 TUESDAY, MARCH 27, 2012 3587 48.3. Capital Maintenance Projects Purpose: The purpose of this appropriation is to provide funding for Capital Outlay for maintenance projects. Total Funds $188,778,535 Federal Funds and Grants $128,218,385 Federal Highway Administration Highway Planning and Construction $128,218,385 State Funds $60,560,150 Motor Fuel Funds $60,560,150 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $26,154,596 $154,372,981 Provide contract funds to maintain state assets. $34,405,554 $34,405,554 Amount appropriated in this Act $60,560,150 $188,778,535 48.4. Construction Administration Purpose: 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 Funds $139,415,632 Federal Funds and Grants $64,892,990 Federal Highway Administration Highway Planning and Construction $64,892,990 State Funds $74,357,642 Motor Fuel Funds $74,357,642 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: State Funds Total Funds Amount from prior Appropriation Act (HB78) $24,357,642 $89,415,632 Redistribute funds from Capital Construction Projects to Construction Administration. $50,000,000 $50,000,000 Amount appropriated in this Act $74,357,642 $139,415,632 48.5. Data Collection, Compliance and Reporting Purpose: 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 Funds $11,137,288 3588 JOURNAL OF THE SENATE Federal Funds and Grants Federal Highway Administration Highway Planning and Construction Other Funds Agency Funds State Funds Motor Fuel Funds $8,270,257 $8,270,257 $62,257 $62,257 $2,804,774 $2,804,774 48.6. Departmental Administration Purpose: 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, airports, railroads and waterways. Total Funds $62,821,793 Federal Funds and Grants $10,839,823 Federal Highway Administration Highway Planning and Construction $10,839,823 Other Funds $898,970 Agency Funds $898,970 State Funds $51,083,000 Motor Fuel Funds $51,083,000 48.7. Economic Development Infrastructure Grants Purpose: The purpose of this appropriation is to provide capital road construction grants in order to attract and promote economic development, job creation, and local infrastructure improvements including educational facility access. 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 (HB78) $0 $0 Amount appropriated in this Act $0 $0 48.8. Local Maintenance and Improvement Grants Purpose: 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. Total Funds $110,642,250 State Funds $110,642,250 Motor Fuel Funds $110,642,250 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3589 Amount from prior Appropriation Act (HB78) Provide funds for local road improvement grants. Amount appropriated in this Act State Funds $100,642,250 $10,000,000 $110,642,250 Total Funds $100,642,250 $10,000,000 $110,642,250 48.9. Local Road Assistance Administration Purpose: 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 Funds $50,208,468 Federal Funds and Grants $32,758,670 Federal Highway Administration Highway Planning and Construction $32,758,670 State Funds $16,854,565 Motor Fuel Funds $16,854,565 Intra-State Government Transfers $595,233 Other Intra-State Government Payments $595,233 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Transfer surplus personal service funds in the Local Roads Administration program to the Capital Construction Projects program for capital outlay projects. Amount appropriated in this Act State Funds $36,476,968 ($19,622,403) $16,854,565 Total Funds $69,830,871 ($19,622,403) $50,208,468 48.10. Planning Purpose: The purpose of this appropriation is to 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 and Construction $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: 3590 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds for a pilot bridge capacity monitoring project. (CC:In conjunction with the Governor's Office of Highway Safety, explore federal funding options for the pilot bridge capacity monitoring project.) Amount appropriated in this Act State Funds $3,756,074 $0 $3,756,074 Total Funds $18,439,878 $0 $18,439,878 48.11. Ports and Waterways Purpose: 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-ofway, and land for upland disposal areas for dredging and by providing funds to maintain dikes in upland disposal areas. Total Funds $941,812 State Funds $941,812 State General Funds $941,812 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $698,744 $698,744 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $2,441 $2,441 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $2,821 $2,821 Reflect an adjustment in the workers' compensation premium. ($399) ($399) Reflect an adjustment in unemployment insurance premiums. ($39) ($39) Increase funds for general liability premiums. $69,915 $69,915 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($218) ($218) Provide funds for increased tax assessments. $235,000 $235,000 Reduce personal services to reflect projected expenditures. ($66,453) ($66,453) Amount appropriated in this Act $941,812 $941,812 48.12. Rail Purpose: The purpose of this appropriation is to oversee the development, construction, financing, and operation of passenger and freight rail service for the state. Total Funds $445,130 Other Funds $88,239 TUESDAY, MARCH 27, 2012 3591 Agency Funds $88,239 State Funds $356,891 State General Funds $356,891 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $174,707 $262,946 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $1,916 $1,916 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $3,127 $3,127 Reflect an adjustment in the workers' compensation premium. ($442) ($442) Reflect an adjustment in unemployment insurance premiums. ($43) ($43) Increase funds for general liability premiums. $77,511 $77,511 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($242) ($242) Transfer funds and two positions from the Transit program to the Rail program for project management. $100,357 $100,357 Amount appropriated in this Act $356,891 $445,130 48.13. Routine Maintenance Purpose: 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 Funds $198,597,858 Federal Funds and Grants $24,886,452 Federal Highway Administration Highway Planning and Construction $24,886,452 Other Funds $642,602 Agency Funds $642,602 State Funds $173,068,804 Motor Fuel Funds $173,068,804 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3592 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Provide funds for operating expenses. Amount appropriated in this Act State Funds $163,301,045 $9,767,759 $173,068,804 Total Funds $188,830,099 $9,767,759 $198,597,858 48.14. Traffic Management and Control Purpose: 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 Funds $59,337,643 Federal Funds and Grants $35,670,542 Federal Highway Administration Highway Planning and Construction $35,670,542 Other Funds $4,026,240 Agency Funds $4,026,240 State Funds $19,640,861 Motor Fuel Funds $19,640,861 48.15. Transit Purpose: 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 Funds $34,608,214 Federal Funds and Grants $31,324,367 Federal Funds Not Specifically Identified $31,324,367 Other Funds $6,000 Agency Funds $6,000 State Funds $3,277,847 State General Funds $3,277,847 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $3,376,525 $34,706,892 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $20,542 $20,542 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $18,064 $18,064 TUESDAY, MARCH 27, 2012 3593 Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce contract funds for metropolitan transit planning. Reduce grant funds to large urbanized area transit systems. Transfer funds and two positions from the Transit program to the Rail program for project management. Amount appropriated in this Act ($2,555) ($2,555) ($250) ($250) $447,729 ($1,399) $447,729 ($1,399) ($80,452) ($400,000) ($100,357) ($80,452) ($400,000) ($100,357) $3,277,847 $34,608,214 The following appropriations are for agencies attached for administrative purposes. 48.16. Payments to State Road and Tollway Authority Purpose: 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 Funds $210,507,875 Federal Funds and Grants $148,156,201 Federal Highway Administration Highway Planning and Construction $148,156,201 State Funds $62,351,674 Motor Fuel Funds $62,351,674 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $86,745,811 $234,902,012 Transfer funds from the Payments to State Road and Tollway Authority program to the Capital Construction Projects program for capital outlay projects. ($24,394,137) ($24,394,137) Amount appropriated in this Act $62,351,674 $210,507,875 Section 49: Veterans Service, Department of Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds State General Funds $38,690,010 $18,260,569 $18,260,569 $20,429,441 $20,429,441 3594 JOURNAL OF THE SENATE 49.1. Administration Purpose: 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 Funds $1,378,152 State Funds $1,378,152 State General Funds $1,378,152 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $1,283,421 $1,283,421 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $16,219 $16,219 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $13,824 $13,824 Reflect an adjustment in telecommunications expenses. $37,493 $37,493 Reflect an adjustment in the workers' compensation premium. ($1,397) ($1,397) Reflect an adjustment in unemployment insurance premiums. ($686) ($686) Increase funds for general liability premiums. $499 $499 Increase funds to reflect an adjustment in PeopleSoft billings. $2,232 $2,232 Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. ($421) ($421) Reduce funds for contracts. ($1,200) ($1,200) Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Administration program for rental costs. $21,268 $21,268 Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Administration program for telecommunication costs. $6,900 $6,900 Amount appropriated in this Act $1,378,152 $1,378,152 49.2. Georgia Veterans Memorial Cemetery Purpose: 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 Funds $662,958 Federal Funds and Grants $178,004 TUESDAY, MARCH 27, 2012 3595 Federal Funds Not Specifically Identified $178,004 State Funds $484,954 State General Funds $484,954 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $562,906 $598,606 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $9,004 $9,004 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $11,059 $11,059 Reflect an adjustment in telecommunications expenses. $4,687 $4,687 Reflect an adjustment in the workers' compensation premium. ($171) ($171) Increase funds for general liability premiums. $400 $400 Replace state funds with increased federal payment for ($142,304) $0 veteran burials. Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Georgia Veterans Memorial Cemetery program for telecommunications costs. $3,475 $3,475 Transfer funds from the Georgia War Veterans Nursing Home-Milledgeville program to the Georgia Veterans Memorial Cemetery program for energy costs ($15,136) and personal services ($20,762). $35,898 $35,898 Amount appropriated in this Act $484,954 $662,958 49.3. Georgia War Veterans Nursing Home - Augusta Purpose: 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 Funds $10,321,412 Federal Funds and Grants $5,286,048 Federal Funds Not Specifically Identified $5,286,048 State Funds $5,035,364 State General Funds $5,035,364 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $5,178,767 $10,466,698 Reduce funds due to reduced average daily patient census. ($93,528) ($95,411) 3596 JOURNAL OF THE SENATE Transfer funds from Georgia War Veterans Nursing HomeAugusta program to the Administration program ($6,900), Georgia Veterans Memorial Cemetery program ($3,475), and Veterans Benefits program ($39,500). Amount appropriated in this Act ($49,875) ($49,875) $5,035,364 $10,321,412 49.4. Georgia War Veterans Nursing Home - Milledgeville Purpose: The purpose of this appropriation is to provide skilled nursing care to aged and infirmed Georgia war veterans. Total Funds $16,007,504 Federal Funds and Grants $8,173,077 Federal Funds Not Specifically Identified $8,173,077 State Funds $7,834,427 State General Funds $7,834,427 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: Amount from prior Appropriation Act (HB78) Reduce funds due to reduced average daily patient census. Transfer funds from Georgia War Veterans Nursing HomeMilledgeville program to the Administration program ($21,268) and Georgia Veterans Memorial Cemetery program ($35,898). Amount appropriated in this Act State Funds $8,064,293 ($172,700) ($57,166) Total Funds $16,295,275 ($230,605) ($57,166) $7,834,427 $16,007,504 49.5. Veterans Benefits Purpose: 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 Funds $10,319,984 Federal Funds and Grants $4,623,440 Federal Funds Not Specifically Identified $4,623,440 State Funds $5,696,544 State General Funds $5,696,544 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: TUESDAY, MARCH 27, 2012 3597 Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Reduce funds for contracts. Transfer funds from the Georgia War Veterans Nursing Home-Augusta program to the Veterans Benefits program for telecommunications costs. Amount appropriated in this Act State Funds $5,447,207 $67,656 $113,360 $35,930 ($1,840) ($910) $4,093 ($7,452) ($1,000) $39,500 $5,696,544 Total Funds $10,070,647 $67,656 $113,360 $35,930 ($1,840) ($910) $4,093 ($7,452) ($1,000) $39,500 $10,319,984 Section 50: Workers' Compensation, State Board of Total Funds Other Funds Agency Funds State Funds State General Funds $22,479,007 $523,832 $523,832 $21,955,175 $21,955,175 50.1. 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 $11,705,873 Other Funds $458,353 Agency Funds $458,353 State Funds $11,247,520 State General Funds $11,247,520 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: 3598 JOURNAL OF THE SENATE Amount from prior Appropriation Act (HB78) Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. Reflect an adjustment in telecommunications expenses. Reflect an adjustment in the workers' compensation premium. Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Amount appropriated in this Act State Funds $10,891,055 $157,981 $166,625 $40,208 ($13,470) $3,607 $7,022 $1,314 ($6,822) $11,247,520 Total Funds $11,349,408 $157,981 $166,625 $40,208 ($13,470) $3,607 $7,022 $1,314 ($6,822) $11,705,873 50.2. 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 $10,773,134 Other Funds $65,479 Agency Funds $65,479 State Funds $10,707,655 State General Funds $10,707,655 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $10,569,815 $10,635,294 Increase funds to reflect the adjustment in the employer share of the State Health Benefit Plan from 27.363% to 29.781%. $27,203 $27,203 Increase funds to reflect an adjustment in the employer share of the Employees' Retirement System. $92,879 $92,879 Reflect an adjustment in telecommunications expenses. $22,412 $22,412 Reflect an adjustment in the workers' compensation premium. ($7,509) ($7,509) TUESDAY, MARCH 27, 2012 3599 Reflect an adjustment in unemployment insurance premiums. Increase funds for general liability premiums. Increase funds to reflect an adjustment in PeopleSoft billings. Reduce funds for the State Personnel Administration assessment by $64 per position from $137 to $73. Increase payment to the Office of the State Treasurer from $4,728,320 to $5,303,747. (G:YES) (CC:YES) Amount appropriated in this Act $2,011 $2,011 $3,914 $732 $3,914 $732 ($3,802) ($3,802) $0 $0 $10,707,655 $10,773,134 Section 51: General Obligation Debt Sinking Fund Total Funds Federal Funds and Grants Federal Funds Not Specifically Identified State Funds Motor Fuel Funds State General Funds $1,136,681,583 $11,353,993 $11,353,993 $1,125,327,590 $182,874,061 $942,453,529 51.1. GO Bonds Issued Total Funds $1,053,269,299 Federal Funds and Grants $11,353,993 Federal Funds Not Specifically Identified $11,353,993 State Funds $1,041,915,306 Motor Fuel Funds $182,874,061 State General Funds $859,041,245 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $996,364,333 $1,007,718,326 Transfer funds from GO Bonds New to GO Bonds issued to $68,828,096 $68,828,096 reflect the issuance of new bonds. Reduce funds for debt service to capture savings associated ($11,190,588) ($11,190,588) with favorable rates received with the bond sale. Reduce funds for debt service. ($10,760,535) ($10,760,535) Repeal the authorization of $10,000,000 in 20-year bonds for the College Football Hall of Fame from FY 2011 (HB 948). ($872,000) ($872,000) 3600 JOURNAL OF THE SENATE Repeal the authorization of $5,000,000 in 20-year bonds for the Georgia World Congress Center expanded parking facility and related improvements from FY 2012 (HB 78). ($454,000) ($454,000) Amount appropriated in this Act $1,041,915,306 $1,053,269,299 51.2. GO Bonds New Total Funds $83,412,284 State Funds $83,412,284 State General Funds $83,412,284 The above amounts include the following adjustments, additions, and deletions to the previous appropriation act: State Funds Total Funds Amount from prior Appropriation Act (HB78) $68,828,096 $68,828,096 Transfer funds from GO Bonds New to GO Bonds issued to ($68,828,096) ($68,828,096) reflect the issuance of new bonds. Increase funds for debt service for new bonds. $83,412,284 $83,412,284 Amount appropriated in this Act $83,412,284 $83,412,284 Bond Financing Appropriated: [Bond # 1] From State General Funds, $4,820,992 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 $56,320,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 2] From State General Funds, $2,202,488 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 $25,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 3] From State General Funds, $2,524,344 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 $29,490,000 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, $1,208,244 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 $14,115,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 5] From State General Funds, $2,178,330 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 TUESDAY, MARCH 27, 2012 3601 $9,430,000 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, $404,032 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 $4,720,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 7] From State General Funds, $3,280,000 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 $25,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 8] From State General Funds, $176,764 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 $2,065,000 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, $346,500 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 10] From State General Funds, $254,100 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 11] From State General Funds, $646,800 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 12] From State General Funds, $323,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or 3602 JOURNAL OF THE SENATE improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,400,000 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, $531,300 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 $2,300,000 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, $462,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 15] From State General Funds, $2,396,800 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 $28,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 16] From State General Funds, $4,476,880 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $52,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 17] From State General Funds, $2,157,120 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $25,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 18] From State General Funds, $5,050,400 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 $59,000,000 in principal amount of General Obligation Debt, the TUESDAY, MARCH 27, 2012 3603 instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 19] From State General Funds, $2,996,000 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 $35,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 20] From State General Funds, $2,310,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $10,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 21] From State General Funds, $1,848,000 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 $8,000,000 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, $411,180 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,780,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 23] From State General Funds, $108,284 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,265,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 24 From State General Funds, $342,400 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 25] From State General Funds, $556,400 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of 3604 JOURNAL OF THE SENATE Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 26] From State General Funds, $1,284,000 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 # 27] From State General Funds, $821,760 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 $9,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 28] From State General Funds, $2,739,200 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 $32,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 29] From State General Funds, $342,400 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 $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 # 30] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 31] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the TUESDAY, MARCH 27, 2012 3605 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 two hundred and forty months. [Bond # 32] From State General Funds, $352,275 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,525,000 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, $599,200 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 two hundred and forty months. [Bond # 34] From State General Funds, $520,905 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the boards of trustees of public libraries or boards of trustees of public library systems, through the issuance of not more than $2,255,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 35] From State General Funds, $113,420 is specifically appropriated to the Board of Regents of the University System of Georgia to provide public library facilities by grant to the governing board of the Royston Public Library, for that library, through the issuance of not more than $1,325,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 36] From State General Funds, $66,768 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 Milner Public Library, for that library, through the issuance of not more than $780,000 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, $508,200 is specifically appropriated for the purpose of financing projects and facilities for the Board of Regents of the University System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 38] From State General Funds, $256,800 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 two hundred and forty months. 3606 JOURNAL OF THE SENATE [Bond # 39] From State General Funds, $1,848,000 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 $8,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 40] From State General Funds, $1,155,000 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 41] From State General Funds, $184,800 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 $800,000 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, $337,260 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 $1,460,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 43] From State General Funds, $381,348 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,455,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 44] From State General Funds, $545,700 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 $6,375,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 45] From State General Funds, $131,824 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, TUESDAY, MARCH 27, 2012 3607 waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $1,540,000 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, $358,236 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $4,185,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 47] From State General Funds, $494,340 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 $5,775,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 48] From State General Funds, $338,976 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 $3,960,000 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, $1,198,400 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 two hundred and forty months. [Bond # 50] From State General Funds, $1,369,600 is specifically appropriated for the purpose of financing projects and facilities for the Technical College System of Georgia by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $16,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 51] From State General Funds, $984,400 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 $11,500,000 in principal amount of General Obligation Debt, the instruments of which shall 3608 JOURNAL OF THE SENATE have maturities not in excess of two hundred and forty months. [Bond # 52] From State General Funds, $1,078,560 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 $12,600,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 53] From State General Funds, $856,000 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 # 54] From State General Funds, $300,300 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 $1,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 55] From State General Funds, $231,000 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 $1,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 56] From State General Funds, $19,260 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 $225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 57] From State General Funds, $564,795 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,445,000 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, $649,110 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the TUESDAY, MARCH 27, 2012 3609 acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,810,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 59] From State General Funds, $256,800 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 $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 # 60] From State General Funds, $462,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Corrections by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 61] From State General Funds, $173,250 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 # 62] From State General Funds, $184,800 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 $800,000 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, $29,960 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 $350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 64] From State General Funds, $160,545 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 3610 JOURNAL OF THE SENATE $695,000 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, $201,160 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 $2,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 66] From State General Funds, $554,400 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 $2,400,000 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, $524,800 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 $4,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 68] From State General Funds, $319,288 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 $3,730,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 69] From State General Funds, $51,975 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 $225,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 70] From State General Funds, $252,520 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 $2,950,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. TUESDAY, MARCH 27, 2012 3611 [Bond # 71] From State General Funds, $1,284,000 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Building Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 72] From State General Funds, $301,760 is specifically appropriated for the purpose of financing projects and facilities for the Georgia Forestry Commission by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,300,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of one hundred and twenty months. [Bond # 73] From State General Funds, $95,872 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 $1,120,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 74] From State General Funds, $401,940 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 $1,740,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 75] From State General Funds, $115,500 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 $500,000 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, $273,920 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 $3,200,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 77] From State General Funds, $554,400 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, 3612 JOURNAL OF THE SENATE waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,400,000 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, $141,240 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 $1,650,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 79] From State General Funds, $214,856 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 $2,510,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 80] From State General Funds, $454,000 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 two hundred and forty months. [Bond # 81] From State General Funds, $214,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Natural Resources by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $2,500,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 82] From State General Funds, $254,100 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 $1,100,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 83] From State General Funds, $311,850 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 $1,350,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in TUESDAY, MARCH 27, 2012 3613 excess of sixty months. [Bond # 84] From State General Funds, $144,375 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 $625,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of sixty months. [Bond # 85] From State General Funds, $2,140,000 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, 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 # 86] From State General Funds, $196,350 is specifically appropriated for the purpose of financing projects and facilities for the Department of Community Affairs by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $850,000 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, $288,472 is specifically appropriated to the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $3,370,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 88] From State General Funds, $1,362,000 is specifically appropriated to the Department of Economic Development for the purpose of financing projects and facilities for the Georgia World Congress Center Authority by means of the acquisition, construction, development, extension, enlargement, or improvement of land, waters, property, highways, buildings, structures, equipment or facilities, both real and personal, necessary or useful in connection therewith, through the issuance of not more than $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 # 89] From State General Funds, $1,690,600 is specifically appropriated for the Georgia Environmental Finance 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 $19,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 90] From State General Funds, $410,880 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and 3614 JOURNAL OF THE SENATE local government entities for water or sewerage facilities or systems, through the issuance of not more than $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 91] From State General Funds, $410,880 is specifically appropriated for the Georgia Environmental Finance 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 $4,800,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 92] From State General Funds, $1,776,200 is specifically appropriated for the Georgia Environmental Finance Authority for the purposes of financing loans to local government and local government entities for water or sewerage facilities or systems, through the issuance of not more than $20,750,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 93] From State General Funds, $3,997,520 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 $46,700,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. [Bond # 94] From State General Funds, $133,476 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 $1,470,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of two hundred and forty months. Section 52: General Obligation Bonds Repealed, Revised, or Reinstated The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2010, Volume One, Book Two Appendix, commencing at p. 1 of 164, 160, Act No. 684, 2010 Regular Session, H.B. 948) which reads as follows: [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. TUESDAY, MARCH 27, 2012 3615 and carried forward in Section 50 of the Supplementary General Appropriations Act for State Fiscal Year 2010-2011 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 147, 140, Act No. 2, 2011 Regular Session, H.B. 77), and which amended reads as follows: [Bond # 73] 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. is hereby repealed in its entirety. The following paragraph of Section 50 of the General Appropriations Act for State Fiscal Year 2011-2012 (Ga. L. 2011, Volume One, Book Two Appendix, commencing at p. 1 of 231, Act No. 223, 2011 Regular Session, H.B. 78) which reads as follows: Economic Development, Department of 379.212 BOND: Georgia World Congress Center: $5,000,000 in principal for 20 years at 5.75%: Fund an expanded parking facility and related improvements. From State General Funds, $454,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. and carried forward in Section 51 of the Supplementary General Appropriations Act for State Fiscal Year 2011-2012 (Act No. 406, 2012 Regular Session, H.B. 741), and which amended reads as follows: [Bond 379.212] Georgia World Congress Center: $5,000,000 in principal for 20 years at 5.75%: Fund an expanded parking facility and related improvements. From State General Funds, $454,000 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 $5,000,000 in principal amount of General Obligation Debt, the instruments of which shall have maturities not in excess of 240 months. is hereby repealed in its entirety. 3616 JOURNAL OF THE SENATE Section 53: 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 refunds of taxes and other monies collected in error, farmer gasoline tax refunds, and any other refunds specifically authorized by law. Section 54: Leases In accordance with the requirements of Article IX, Section III, Paragraph I(a) 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, then 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 shall constitute a first charge on all such appropriations. Section 55: Budgetary Control and Interpretation The appropriations of State Funds in this Act shall consist of the amount stated for each line at the most specific 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 shall consist of the amount stated at the broadest or summary level of detail associated with the statement of Program Name and Program Purpose, and the more specific levels of detail shall be 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 broadest or summary level of detail and the more specific detail of appropriations of IntraState Government Transfers shall be deemed more specific levels of detail of Other Funds, and the broadest or summary amount shall be deemed added to the broadest or summary amount of the appropriation of Other Funds for the program. Within this Act, Program Names appear as underlined captions, and Program Purpose appears immediately below as italicized text. Text within a box is not an appropriation but rather is for information only. The most specific level of detail for authorizations for general obligation debt in Section 51 shall be the authorizing paragraphs. TUESDAY, MARCH 27, 2012 3617 Section 56: 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 shall not permit an agency to include within its flex the appropriations for an agency attached to it for administrative purposes. For purposes of the appropriations for the "Medicaid: Low-Income Medicaid" and "Medicaid: Aged, Blind, and Disabled" programs of the Department of Community Health, the appropriation of a particular State fund source for each program shall be the amount stated, and each such program shall also be authorized up to an additional amount of 2 percent (2%) of the amount stated. However, if the additional authority is used, the appropriation of the same State fund source for the other program to that agency shall be reduced in the same amount, such that the stated total in program appropriations from that State fund source for the two programs shall not be exceeded. However, the additional amount shall be from a State fund source which is lawfully available for the program to which it is added. PART II This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. PART III 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 742. On the motion, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Y Hamrick E Harbison Y Heath Henson Y Hill, Jack E Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner 3618 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 45, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 742. The following communications were received by the Secretary: Senator Bill Jackson District 24 109 State Capitol Atlanta, GA 30334 Committees: Economic Development Appropriations Ethics Natural Resources and the Environment Reapportionment and Redistricting Transportation Education and Youth The State Senate Atlanta, Georgia 30334 I hereby swear to have voted for HB 742. 3/27/12 /s/ Bill Jackson Senator Butch Miller District 49 109 State Capitol Atlanta, GA 30334 Committees: State and Local Governmental Operations Economic Development Agriculture and Consumer Affairs Transportation Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 Please record my yes vote for the Conference Committee Report HB 742. 3/27/12 /s/ Butch Miller, 49th TUESDAY, MARCH 27, 2012 3619 The Calendar was resumed. HB 198. By Representatives Rice of the 51st, Lane of the 167th, Anderson of the 117th, Powell of the 29th and Powell of the 171st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to extend sunset dates for real estate or personal property filing fees, the statewide uniform automated information system, and the collection and remittance of real estate or personal property filing; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Crosby of the 13th. The Senate Judiciary Committee offered the following substitute to HB 198: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to remove the sunset date for real estate or personal property filing fees; to repeal the sunset dates of the state-wide uniform automated information system and for the collection and remittance of real estate or personal property filings; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, is amended by revising subsections (f) and (f.1) of Code Section 15-6-77, relating to fees to be collected by clerks of superior courts, as follows: "(f) Until July 1, 2014, sums Sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows: (1)(A)(i) Filing all instruments pertaining to real estate including deeds, deeds of trust, affidavits, releases, notices and certificates, and cancellation of deeds, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9.50 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (ii) Filing all instruments pertaining to real estate and personal property including liens on real estate and personal property, notice filings for 3620 JOURNAL OF THE SENATE Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, cancellations of liens, and writs of fieri facias, first page . . . . . . 4.50 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Article 9 of Title 11, first page . . . . . . 10.00 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (2) Filing maps or plats, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 (3) For processing an assignment of a security deed, for each deed assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50 (f.1) On and after July 1, 2014, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows: (1)(A) Filing all instruments pertaining to real estate and personal property except as otherwise specified in this Code section, including but not limited to the filing of deeds, deeds of trust, affidavits, releases, notices, certificates, liens on real estate and personal property, notice filings for Uniform Commercial Code related real estate, tax liens, hospital liens, writs of fieri facias, notices of lis pendens, written information on utilities, and cancellation of deeds, liens, and writs of fieri facias, first page . . . . . . . . . . $ 4.50 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (B) Filing and indexing financing statements, amendments to financing statements, continuation statements, termination statements, release of collateral, or other filing pursuant to Part 4 of Article 9 of Title 11, first page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 Each page, after the first . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 (2) Filing maps or plats, each page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 (3) For processing an assignment of a security deed, for each deed assigned . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50" SECTION 2. Said article is further amended by repealing subsection (c) of Code Section 15-6-97, relating to the development and implementation of a state-wide uniform automated information system. TUESDAY, MARCH 27, 2012 3621 SECTION 3. Said article is further amended by repealing subsection (d) of Code Section 15-6-98, relating to collection of fees and remittance to the Georgia Superior Court Clerks' Cooperative Authority. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Grant Y Hamrick E Harbison N Heath Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Thompson, S Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 4. HB 198, having received the requisite constitutional majority, was passed by substitute. Senator Tolleson of the 20th was excused for business outside the Senate Chamber. 3622 JOURNAL OF THE SENATE HB 247. By Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of all applicants for licensure and currently licensed emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. The Senate Health and Human Services Committee offered the following substitute to HB 247: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, so as to provide for the automatic termination of the certification of a firefighter convicted of a felony; to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to provide that the Department of Public Health shall accept criminal history background checks of applicants for certification from state and local law enforcement agencies; 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 4 of Title 25 of the Official Code of Georgia Annotated, relating to general provisions for firefighter standards and training, is amended by revising subsection (b) and paragraph (1) of subsection (c) of Code Section 25-4-8, relating to qualifications of firefighters generally, as follows: "(b) For the purposes of paragraph (2) of subsection (a) of this Code section, a person shall be deemed to have been convicted of a crime if such person shall have pleaded guilty to a charge thereof before a court or federal magistrate or shall have been found guilty thereof by the decision or judgment of a court or federal magistrate or by the verdict of a jury, irrespective of the pronouncement of sentence or the suspension thereof, unless such plea of guilty or such decision, judgment, or verdict shall have been set aside, reversed, or otherwise abrogated by lawful judicial process or unless the person convicted of the crime shall have received a pardon therefor from the President TUESDAY, MARCH 27, 2012 3623 of the United States or the governor or other pardoning authority in the jurisdiction where the conviction was had or shall have received a certificate of good conduct granted by the State Board of Pardons and Paroles pursuant to the provisions of law to remove a disability under law because of such conviction. Any person convicted of a felony while he or she is a certified firefighter shall have his or her certification revoked. (c)(1) For the purposes of making determinations relating to eligibility under paragraph (2) of subsection (a) of this Code section, a local fire department shall provide information relative to prospective employees to the local law enforcement agency and a state fire department shall provide information relative to prospective employees to a state law enforcement agency. Such local or state law enforcement agency shall be authorized to obtain conviction data with respect to such prospective employees of a local or state fire department as authorized in this subsection. The local or state law enforcement agency shall submit to the Georgia Crime Information Center two complete sets of fingerprints of the applicant for appointment or employment, the required records search fees, and such other information as may be required. Upon receipt thereof, the Georgia Crime Information Center shall promptly transmit one set of fingerprints to the Federal Bureau of Investigation for a search of bureau records and an appropriate report and shall retain the other set and promptly conduct a search of its own records and records to which it has access. The Georgia Crime Information Center shall notify the local or state law enforcement agency in writing of any derogatory finding, including, but not limited to, any conviction data regarding the fingerprint records check or if there is no such finding. All conviction data received by the local or state law enforcement agency shall not be a public record, shall be privileged, and shall not be disclosed to any other person or agency except as provided in this subsection and except to any person or agency which otherwise has a legal right to inspect the employment file. All such records shall be maintained by the local or state law enforcement agency pursuant to laws regarding such records and the rules and regulations of the Federal Bureau of Investigation and the Georgia Crime Information Center, as applicable. As used in this subsection, 'conviction data' means a record of a finding or verdict of guilty or plea of guilty or plea of nolo contendere with regard to any crime, regardless of whether an appeal of the conviction has been sought." SECTION 2. Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, is amended by revising subsections (d) and (e) of Code Section 31-11-51, relating to certification and recertification of emergency medical technicians, as follows: "(d) The department shall by rule or regulation, consistent with the requirements of this paragraph, establish a procedure for requesting a fingerprint based criminal history records check from the center and the Federal Bureau of Investigation. Fingerprints shall be in such form and of such quality as prescribed by the center and under 3624 JOURNAL OF THE SENATE standards adopted by the Federal Bureau of Investigation. Fees may be charged as necessary to cover the cost of the records search. The department may require that fees for criminal history records checks be paid at the time a criminal history records check is requested by an applicant and that such fees are paid to the entity processing his or her request. An applicant is authorized to obtain, and the department shall accept, a criminal history records check requested through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt thereof, the center shall promptly cause such criminal records search to be conducted. The center shall notify the department in writing of any finding of disqualifying information, including, but not limited to, any conviction data regarding the fingerprint records check, or if there is no such finding. (e) Conviction data received by the department or a state or local law enforcement agency shall be privileged and shall not be a public record or disclosed to any person. Conviction data shall be maintained by the department and the state or local law enforcement pursuant to laws regarding such records and the rules and regulations of the center and the Federal Bureau of Investigation. Penalties for the unauthorized release or disclosure of conviction data shall be as prescribed by law or rule or regulation of the center or Federal Bureau of Investigation." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to HB 247 (LC 35 2686S) by inserting after "felony;" on line 3 "to amend Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to provide for matters relevant to guardians generally; to provide for an exemption from liability for persons who comply with a Physician Order for Life-sustaining Treatment; to provide for criminal background checks for persons seeking to become a guardian or conservator; to provide for a definition;" and by redesignating Sections 2 and 3 as Sections 4 and 5, respectively, and by inserting after line 53 the following: SECTION 2. Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, is amended by revising subsection (k) of Code Section 29-4-18, relating to definitions, requirements, and termination of temporary medical consent guardianship, by adding a new paragraph to read as follows: "(3) Any person who acts in good faith in accordance with a Physician Order for Life-sustaining Treatment developed pursuant to subsection (l) of this Code section shall have all of the immunity granted pursuant to Code Section 31-32-10." SECTION 3. Said title is further amended by adding a new Code section to read as follows: TUESDAY, MARCH 27, 2012 3625 "29-9-19. (a) As used in this Code section, the term 'criminal history record information' means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, accusations, information, or other formal charges, and any disposition arising therefrom, sentencing, correctional supervision, and release. (b) The court may require a petitioner seeking to become a guardian or conservator, or a nominated guardian or conservator if such person is different from the petitioner, to submit to a criminal history records check. The petitioner or nominee shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee. The Georgia Crime Information Center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of its records and shall obtain a report containing criminal history record information. The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access. The Georgia Crime Information Center shall provide a report of the petitioner's or nominee's criminal history record information to the court for its consideration in determining the suitability of the petitioner or nominee to serve as a guardian or conservator." On the adoption of the amendment, there were no objections, and the Unterman amendment #1 to the committee substitute was adopted. Senator Mullis of the 53rd offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to HB 247 (LC 35 2686S) by replacing lines 64 through 69 with the following: of the records search. An applicant may request that a criminal history records check be conducted by a state or local law enforcement agency or by a private vendor approved by the department. Fees for criminal history records checks shall be paid by the applicant to the entity processing the request at the time such request is made. The state or local law enforcement agency or private vendor shall remit payment to the center in such amount as required by the center for conducting a criminal history records check. The department shall accept a criminal history records check whether such request is made through a state or local law enforcement agency or through a private vendor approved by the department. Upon receipt thereof of an authorized request, the center shall promptly cause such On the adoption of the amendment, there were no objections, and the Mullis 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. 3626 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 Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 0. HB 247, having received the requisite constitutional majority, was passed by substitute. At 12:33 p.m. the President announced that the Senate would stand at ease until 1:00 p.m. At 1:00 p.m. the President called the Senate to order. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: TUESDAY, MARCH 27, 2012 3627 SB 153. By Senators Rogers of the 21st and Hill of the 32nd: 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 certain requirements and rights relating to professional development plans for personnel who have deficiencies and other needs; to revise certain provisions relating to termination or suspension of a contract of employment; to provide for certain definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 404. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: A BILL to be entitled an Act to amend Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," so as to provide for the development of category-level expenditure controls for staff development funds; to include school level administrators in professional development funding under the Quality Basic Education Formula; to provide for state-wide strategic initiatives for professional development; 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 246. By Senator Hill of the 4th: A BILL to be entitled an Act to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. SB 380. By Senators Carter of the 1st, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to 3628 JOURNAL OF THE SENATE remove certain requirements for vendors and seals of approval; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 403. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: 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 school health nurse programs; to include school nurses in state formula funding based on fulltime equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Rogers of the 21st Mullis of the 53rd Tate of the 38th Murphy of the 27th The Calendar was resumed. HB 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Golden of the 8th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 TUESDAY, MARCH 27, 2012 3629 Russell W. Hinton State Auditor (404) 656-2174 March 18, 2011 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 318 (LC 18 9770) Dear Chairman Channell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation extends the sales tax exemption for prepared food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes. Qualified nonprofit agencies are defined to be entities registered under IRC Section 501(c)(3) and provide hunger relief. Local sales taxes are not exempted. The estimated revenue loss to the state is $1.2 million, $1.3 million, and $1.3 million in fiscal years 2012, 2013 and 2014, respectively. The new law would be effective from July 1, 2011 to December 31, 2014. A previous fiscal note was prepared for initial legislation that created this exemption. The previous fiscal note relied on the 2007 economic census data. But since the next economic census does not take place until 2012, the Consumer Expenditure Survey (CES) data are used instead for this analysis. However, the methodology of the previous note is followed. In general, restaurants and grocery stores would buy food and food ingredients without paying sales tax and would collect sales tax at the point of retail sale. In contrast, individuals would generally have paid sales tax on the purchase of food that is prepared and subsequently donated; donations by individuals would not be subject to sales tax. Prior to the current exemption, it was likely that those establishments that did donate food were unaware of the requirement that they remit such tax and thus were not in compliance with the law. Thus, it is possible that should the above exemption expire, sales tax revenue from donations covered by this legislation would be minimal. 3630 JOURNAL OF THE SENATE Data on the amount of prepared food donated to some qualified nonprofit agencies such as Second Harvest exist but the number of agencies for which such data are available are too few to be helpful. To estimate the amount of revenue loss to the state this note follows the methodology of the 2007 estimate. It is assumed that food and beverage establishments and grocery stores donate one eighth of one percent of their annual food sales as prepared food to qualified agencies. To estimate current food sales of food and beverage establishments and grocery stores in Georgia, CES data is used to estimate food consumption. Total food expenditures for home consumption and meals away from home are used as a proxy for total retail sales. In order to generate baseline estimates for food consumption, the 2009 estimate from the FRC Brief 223, Estimating the Revenue Loss From Food-for-Home Consumption by Sjoquist and Wheeler (2011) is used. This estimate is based on the CES from the Bureau of Labor Statistics; the procedures are described in the Brief. To extend the estimates to later years, standard CES assumptions are used about food consumption growth and population growth. Based on these assumptions, the adjusted sales tax base for food consumed at home in Georgia in calendar years 2012, 2013, and 2014 are $14.5 billion, $15.2 billion, and $15.8 billion, respectively. In 2009, the amount for food purchased away from home as reported in the CES was $2,619 per consumer unit. This is used as a proxy for the amount of food sales at food and beverage establishments. This yields baseline calendar year estimates for food sales at food and beverage establishments in Georgia for 2012, 2013 and 2014 of $9.8 billion, $10.2 billion and $10.7 billion. If food and beverage establishments and grocery stores donate one eighth of one percent of their annual sales as prepared food to qualified agencies, this results in $30.4 million, $31.8 million and $33.1 million in donations in calendar years 2012, 2013 and 2014, respectively. As growth in donations over the three years is relatively modest, the calendar year estimates are assumed to be equivalent to fiscal years. Thus, the revenue loss to the state is $1.2 million, $1.3 million, and $1.3 million in fiscal years 2012, 2013 and 2014, respectively. This estimate is highly uncertain due to the lack of comprehensive data on donations of prepared food to qualified agencies. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski, Director Office of Planning and Budget TUESDAY, MARCH 27, 2012 3631 The Senate Finance Committee offered the following substitute to HB 318: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide a definition for durable medical equipment; to provide a new exemption for a limited period of time regarding sales to certain nonprofit volunteer health clinics; to provide a new exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide a new exemption for kidney dialysis equipment; 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 that certain dealers and retailers may under certain circumstances advertise that the dealer or retailer will pay the purchaser's sales and use tax on a transaction; to provide for definitions; 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 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by revising Code Section 48-8-2, relating to definitions regarding state sales and use tax, as follows: "(15) 'Durable medical equipment' means equipment including repair and replacement parts for the same, but does not include any kidney dialysis equipment or '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." SECTION 2. Said part is further amended by revising paragraph (7.3), subparagraph (A) of paragraph (57.1), subparagraph (A) of paragraph (57.2), and paragraphs (90) and (91) and by adding a new paragraph in Code Section 48-8-3, relating to exemptions from sales and use tax, as follows: "(7.3) For the period commencing July 1, 2008 2012, and ending June 30, 2010 December 31, 2014, 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 3632 JOURNAL OF THE SENATE 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; (57.1)(A) From July 1, 2006 2012, until June 30, 2010 2015, sales of food and food ingredients to a qualified food bank." "(57.2)(A) For the period commencing July 1, 2007 2012, and ending on June 30, 2011 2015, the use of prepared food which is donated to a qualified nonprofit agency and which are used for hunger relief purposes." "(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.; or (92) The sale or use of kidney dialysis equipment, whether or not worn on the body, including repair and replacement parts and supplies used to facilitate the dialysis process, including, but not limited to, dialyzers, fistula needles, connective tubing, and solutions." SECTION 3. 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, is amended by revising Code Section 48-8-36, relating to prohibition of advertising by dealer of his or her assumption of payment of tax, as follows: "48-8-36. (a) As used in this Code section, the term: (1) 'Consumer goods' shall mean final goods specifically intended for the mass market. (2) 'Final goods' shall mean goods that are ultimately consumed rather than used in the production of another good. (b) No person engaged in making retail sales shall advertise or represent to the public in any manner directly or indirectly that he or she will absorb all or any part of the tax or that he or she will relieve the purchaser of the payment of all or any part of the tax imposed by this article unless: (1) The retail sales are for consumer goods; (2) The dealer or retailer includes in the advertisement that any portion of the tax not paid by the purchaser will be remitted on behalf of the purchaser by the dealer or retailer; and (3) The dealer or retailer furnishes the purchaser with written evidence that the dealer or retailer will be liable for and pay any tax the purchaser was relieved from paying under this Code section. (c) If a dealer or retailer advertises pursuant to subsection (b) of this Code section that any portion of the tax not paid by the purchaser will be remitted on the purchaser's behalf by the dealer or retailer, the dealer or retailer shall be solely liable for and shall TUESDAY, MARCH 27, 2012 3633 pay that portion of the tax. If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser." SECTION 4. This Act shall become effective on July 1, 2012. 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 Albers Balfour Y Bethel Bulloch Y Butler Carter, B Carter, J Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Hamrick E Harbison Y Heath Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis E Murphy Orrock Y Paris E Ramsey E Rogers Y Seay Shafer Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins E Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 34, nays 0. HB 318, having received the requisite constitutional majority, was passed by substitute. 3634 JOURNAL OF THE SENATE HB 332. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to eliminate unnecessary regulation by revising certain provisions related to such fund; 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 332: A BILL TO BE ENTITLED AN ACT To amend Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to provide requirements for showing contributions on customers' bills; 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 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, is amended by revising subsection (g) as follows: "(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 without first submitting to the Public Service Commission the methodology and data used by such company for approval by the commission and upon a showing to the commission that the surcharge does not result in an increase; provided, however, that such company shall not be required to submit for approval separate line items or surcharges that are specifically authorized or required by federal law or other provisions of state 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. TUESDAY, MARCH 27, 2012 3635 Senator Shafer of the 48th offered the following amendment #1: Amend the Senate Regulated Industries and Utilities Committee substitute to HB 332 (LC 36 2196ERS) by inserting after "increase" on line 13 the following: in the company's service rates 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 substitute to HB 332 by striking from lines 17 and 18 the words "upon its approval by the Governor or upon its becoming law without such approval" and inserting "January 1, 2013" On the adoption of the amendment, there were no objections, and the Shafer amendment #2 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman 3636 JOURNAL OF THE SENATE Y Golden Y Gooch Y Grant Y Miller E Mullis Y Murphy Y Wilkinson Williams On the passage of the bill, the yeas were 48, nays 3. HB 332, having received the requisite constitutional majority, was passed by substitute. Senator Cowsert of the 46th was excused for business outside the Senate Chamber. HB 334. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 334: 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 enact an alternative homestead option sales and use tax; to provide for a short title; to provide for definitions; to provide for creation of special districts; to provide for a referendum on levying the tax; to provide for collection and administration of the tax; to provide for a credit for similar taxes collected in other jurisdictions; to provide for a referendum on discontinuation of the tax; to provide an exemption for building and construction materials; to provide that the commissioner shall have the power to issue rules and regulations to administer this tax; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales and use taxes, is amended by adding a new Article 2B, relating to an alternative homestead option sales and use tax, to read as follows: TUESDAY, MARCH 27, 2012 3637 "ARTICLE 2B 48-8-109.1. This article shall be known and may be cited as the 'Alternative Homestead Option Sales and Use Tax Act.' 48-8-109.2. As used in this article, the term: (1) 'Ad valorem taxes for county purposes' means any and all ad valorem taxes for county maintenance and operation purposes levied by, for, or on behalf of the county, excluding taxes to retire general obligation bonded indebtedness of the county. In the case of any tax levied pursuant to this article, such term shall also include any special district ad valorem taxes. (2) 'Homestead' shall have the same meaning as provided in Code Section 48-5-40, with the additional qualification that it shall include only the primary residence and not more than five contiguous acres of land immediately surrounding such residence. 48-8-109.3. (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 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 services within a special district equal to the revenue lost to the homestead exemption as provided in Code Section 48-8-109.5 and of funding capital outlay projects 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 48-8-109.5. (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 3638 JOURNAL OF THE SENATE the governing authority of the county whose geographic boundary is conterminous with that of a 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 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 48-8-109.4 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. 48-8-109.4. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of a special district wishes to submit to the electors of such special district the question of whether the sales and use tax authorized by Code Section 48-8-109.3 shall be imposed, any such governing authority 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 resolution of the governing authority calling for a 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 the imposition of the sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to impose a homestead exemption within such county based on the amount of proceeds from the sales and use tax levied and collected pursuant to this article and a homestead exemption within such county in an amount sufficient to offset future millage rate increases. 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 such county. The ballot shall have written or printed thereon the following statement which shall precede the ballot question specified in this subsection and the ballot question specified by the required local Act: TUESDAY, MARCH 27, 2012 3639 'NOTICE TO ELECTORS: Unless BOTH the homestead exemptions AND the retail homestead option sales and use tax are approved, then neither the exemptions nor the sales and use tax shall become effective.' Such statement shall be followed by: '( ) YES ( ) NO Shall a homestead option sales and use tax of 1 percent be levied within the special district within ______________ County for the purposes of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes and, if excess proceeds remain, of funding capital outlay projects?' Notwithstanding any other provision of law to the contrary, the statement, ballot question, and local Act ballot question referred to in this subsection shall precede any and all other ballot questions calling for the levy or imposition of any other sales and use tax which are to appear on the same ballot. (b) All persons desiring to vote in favor of levying the sales and use 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 levying the tax and approving the local Act providing such homestead exemptions, then the tax shall be levied in accordance with this article; otherwise, the sales and use tax shall not be levied, and the question of the imposition of the sales and use tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the superintendent's further duty to 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 borne by the county whose geographical boundary is conterminous with that of the special district holding the election. (c) If the imposition of the sales and use tax provided in Code Section 48-8-109.3 is approved in a referendum election as provided by subsections (a) and (b) of this Code section, the governing authority of the county whose geographical boundary is conterminous with that of the special district shall adopt a resolution during the first 30 days following the certification of the result of the election imposing the sales and use tax authorized by Code Section 48-8-109.3 on behalf of the county whose geographical boundary is conterminous with that of the special district. The resolution shall be effective on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption of the resolution. With respect to services which are billed on a regular monthly basis, however, the resolution shall become effective with the first regular billing period coinciding with or following the otherwise effective date of the resolution. A certified copy of the resolution shall be forwarded to the commissioner so that it will be received within five days after its adoption. 3640 JOURNAL OF THE SENATE 48-8-109.5. (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 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. (b) Each sales and use tax return remitting sales and use taxes collected under this article shall separately identify the location of each retail establishment at which any of the sales and use 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 sales and use taxes imposed by this article are collected and distributed according to situs of sale. (c) The proceeds of the sales and use 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 percent of the amount collected shall be paid into the general fund of the state treasury in order to defray the costs of administration; (2) Except for the percentage provided in paragraph (1) of this subsection, the remaining proceeds of the sales and use tax shall be distributed to the governing authority of the county whose geographical boundary is conterminous with that of the special district. As a condition precedent for the authority to levy the sales and use tax or to collect any proceeds from the tax authorized by this article for the year following the first complete calendar year in which it is levied and for all subsequent years except the year following the year in which the sales and use tax is terminated under Code Section 48-8-109.7, the county whose geographical boundary is conterminous with that of the special district shall, except as otherwise provided in subsection (c) of Code Section 48-8-109.3, expend such proceeds as follows: (A) Such proceeds shall be expended for the purpose of funding services within the special district equal to the revenue lost to the homestead exemption as provided in this Code section as follows: (i) The homestead factor shall be calculated by multiplying the quantity 1.000 times an amount equal to the net amount of sales and use tax collected in the special district pursuant to this article for the previous calendar year, and then dividing by the taxes levied for county purposes on only that portion of the county TUESDAY, MARCH 27, 2012 3641 tax digest that represents net assessments on qualified homestead property after all other homestead exemptions have been applied, rounding the result to three decimal places; (ii) If the homestead factor is less than or equal to 1.000, the amount of homestead exemption created under this article on qualified homestead property shall be equal to the product of the homestead factor multiplied times the net assessment of each qualified homestead remaining after all other homestead exemptions have been applied; and (iii) If the homestead factor is greater than 1.000, the homestead exemption created by this article on qualified homestead property shall be equal to the net assessment of each homestead remaining after all other homestead exemptions have been applied; (B) In the event that excess proceeds remain following the expenditure of proceeds under subparagraph (A) of this paragraph such that the homestead exemption provided for under this article is sufficient to equate to the complete elimination of ad valorem taxes for county purposes for each taxpayer receiving such exemption, then such remaining proceeds shall be expended for the purpose of funding capital outlay projects as follows: (i) The governing authority of the county whose geographical boundary is conterminous with that of the special district shall establish the capital factor which shall not exceed .200; and (ii) Capital outlay projects shall be funded from such excess proceeds in an amount equal to the product of the capital factor multiplied by the net amount of the sales and use tax proceeds collected under this article during the previous calendar year only to the extent that the amount of such excess proceeds will permit; and (C) If any of such proceeds remain following the distribution provided for in subparagraphs (A) and (B) of this paragraph: (i) The millage rate levied for county purposes shall be rolled back in an amount equal to such excess divided by the net taxable digest for county purposes after deducting all homestead exemptions, including the exemption under this article; and (ii) In the event the rollback created by division (i) of this subparagraph exceeds the millage rate for county purposes, the governing authority of the county whose boundary is conterminous with the special district shall be authorized to expend the surplus funds for funding all or any portion of those services which are to be provided by such governing authorities pursuant to and in accordance with Article IX, Section II, Paragraph III of the Constitution of this state. 48-8-109.6. 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 this state or in a tax jurisdiction outside this state, the sales and use tax may be credited against the sales and 3642 JOURNAL OF THE SENATE use 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 the commissioner deems necessary and proper. No credit shall be granted, however, against the sales and use tax imposed under this article for tax paid in another jurisdiction if the sales and use tax paid in such other jurisdiction is used to obtain a credit against any other local sales and use tax levied in the special district or in the county which is conterminous with the special district; and sales and use taxes so paid in another jurisdiction shall be credited first against the sales and use tax levied under this article and then against the sales and use tax levied under Article 3 of this chapter, if applicable. 48-8-109.7. (a) Whenever the governing authority of any county whose geographic boundary is conterminous with that of the special district in which the sales and use tax authorized by this article is being levied wishes to submit to the electors of the special district the question of whether the sales and use tax authorized by Code Section 48-8-109.3 shall be discontinued, the governing authority 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 resolution of the governing authority 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 sales and use tax to the voters of the special district for approval or rejection. The election superintendent shall issue the call and shall conduct the election on a date and in the manner authorized under Code Section 21-2-540. Such election shall only be conducted on the date of and in conjunction with a referendum provided for by local Act on the question of whether to repeal the homestead exemption within such county which is funded from the proceeds of the sales and use tax levied and collected pursuant to this article. 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 such county. The ballot shall have written or printed thereon the following: '( ) YES ( ) NO Shall the 1 percent retail homestead option sales and use tax being levied within the special district within ____________ County for the purposes of funding capital outlay projects and of funding services to replace revenue lost to an additional homestead exemption of up to 100 percent of the assessed value of homesteads from county taxes for county purposes be terminated?' (b) All persons desiring to vote in favor of discontinuing the sales and use tax shall vote 'Yes,' and those persons opposed to discontinuing the tax shall vote 'No.' If more than one-half of the votes cast are in favor of discontinuing the sales and use tax and TUESDAY, MARCH 27, 2012 3643 repealing the local Act providing for such homestead exemption, then the sales and use tax shall cease to be levied on the last day of the taxable year following the taxable year in which the commissioner receives the certification of the result of the election; otherwise, the sales and use tax shall continue to be levied, and the question of the discontinuing of the tax may not again be submitted to the voters of the special district until after 24 months immediately following the month in which the election was held. It shall be the duty of the election superintendent to hold and conduct such elections under the same rules and regulations as govern special elections. It shall be the 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. 48-8-109.8. No sales and use tax provided for in Code Section 48-8-109.3 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 sales and use tax is imposed under this article 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 a licensed private or contract carrier. 48-8-109.9. (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 sales and use tax provided for in Code Section 48-8-109.3 shall be imposed in such special district upon the sale or use of building and construction materials when the contract pursuant to which the building and construction materials are purchased or used was advertised for bid prior to approval of the levy of the sales and use tax by the county whose geographical boundary is conterminous with that of the special district 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 sales and use tax. 48-8-109.10. 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 sales and use tax authorized to be imposed by this article." 3644 JOURNAL OF THE SENATE SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance E Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 47, nays 2. HB 334, having received the requisite constitutional majority, was passed by substitute. HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to TUESDAY, MARCH 27, 2012 3645 provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. Senator Bethel of the 54th asked unanimous consent that HB 347 be placed on the Table. The consent was granted, and HB 347 was placed on the Table. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Rogers of the 21st HB 397. By Representatives Powell of the 171st, Bearden of the 68th, Powell of the 29th, Greene of the 149th, Baker of the 78th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to comprehensively revise the provisions of law regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Judiciary Committee offered the following substitute to HB 397: 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 comprehensively revise the provisions of law regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for notice of meetings; to provide for exceptions; to provide for certain privileges; to provide for sanctions; to provide for related matters; to provide for legislative intent regarding open records; to provide for definitions relating to open records; to provide for applicability; to provide for procedures regarding disclosure and enforcement of disclosure provisions; to provide for fees and the amount and manner of collection thereof; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; 3646 JOURNAL OF THE SENATE 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 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising Chapter 14, relating to open and public meetings, as follows: "CHAPTER 14 50-14-1. (a) As used in this chapter, the term: (1) 'Agency' means: (A) Every state department, agency, board, bureau, office, commission, public corporation, and authority; (B) Every county, municipal corporation, school district, or other political subdivision of this state; - (C) Every department, agency, board, bureau, office, commission, authority, or similar body of each such county, municipal corporation, or other political subdivision of the state; (D) Every city, county, regional, or other authority established pursuant to the laws of this state; and (E) Any nonprofit organization to which there is a direct allocation of tax funds made by the governing authority body of any agency as defined in this paragraph and which allocation constitutes more than 33 1/3 percent of the funds from all sources of such organization; provided, however, that this subparagraph shall not include hospitals, nursing homes, dispensers of pharmaceutical products, or any other type organization, person, or firm furnishing medical or health services to a citizen for which they receive reimbursement from the state whether directly or indirectly; nor shall this term include a subagency or affiliate of such a nonprofit organization from or through which the allocation of tax funds is made. (2) 'Executive session' means a portion of a meeting lawfully closed to the public. (3)(A) 'Meeting' means the: (i) The gathering of a quorum of the members of the governing body of an agency at which any official business, policy, or public matter of the agency is formulated, presented, discussed, or voted upon; or (ii) The gathering of a quorum of any committee of it's the members of the governing body of an agency or a quorum of any committee created by such the governing body, whether standing or special, pursuant to schedule, call, or notice of or from such governing body or committee or an authorized member, at a designated time and place at which any public matter, official business, or policy of the agency is to be discussed or presented or at which official action is to be TUESDAY, MARCH 27, 2012 3647 taken or, in the case of a committee, recommendations on any public matter, at which any official business, or policy to the governing body are to be, or public matter of the committee is formulated, presented, or discussed, or voted upon. (B) 'Meeting' shall not include: (i) The assembling together gathering of a quorum of the members of a governing body or committee for the purpose of making inspections of physical facilities or property under the jurisdiction of such agency or for the purposes of meeting with the governing bodies, officers, agents, or employees of other agencies at places outside the geographical jurisdiction of an agency and at which no final other official business of the agency is to be discussed or official action is to be taken shall not be deemed a 'meeting.'; (ii) The gathering of a quorum of the members of a governing body or committee for the purpose of attending state-wide, multijurisdictional, or regional meetings to participate in seminars or courses of training on matters related to the purpose of the agency or to receive or discuss information on matters related to the purpose of the agency at which no official action is to be taken by the members; (iii) The gathering of a quorum of the members of a governing body or committee for the purpose of meeting with officials of the legislative or executive branches of the state or federal government at state or federal offices and at which no official action is to be taken by the members; (iv) The gathering of a quorum of the members of a governing body of an agency for the purpose of traveling to a meeting or gathering as otherwise authorized by this subsection so long as no official business, policy, or public matter is formulated, presented, discussed, or voted upon by the quorum; or (v) The gathering of a quorum of the members of a governing body of an agency at social, ceremonial, civic, or religious events so long as no official business, policy, or public matter is formulated, presented, discussed, or voted upon by the quorum. This subparagraph's exclusions from the definition of the term 'meeting' shall not apply if it is shown that the primary purpose of the gathering or gatherings is to evade or avoid the requirements for conducting a meeting while discussing or conducting official business. (b)(1) Except as otherwise provided by law, all meetings as defined in subsection (a) of this Code section shall be open to the public. All votes at any meeting shall be taken in public after due notice of the meeting and compliance with the posting and agenda requirements of this chapter. (2) 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 shall be commenced within 90 days of the date such contested action was taken, provided that or, if the meeting was held in a manner not permitted by law, within 90 days from the date the party alleging the violation knew or should have 3648 JOURNAL OF THE SENATE known about the alleged violation so long as such date is not more than six months after the date the contested action was taken. (3) Notwithstanding the provisions of paragraph (2) of this subsection, 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. (c) The public at all times shall be afforded access to meetings declared open to the public pursuant to subsection (b) of this Code section. Visual, sound, and visual and sound recording during open meetings shall be permitted. (d)(1) Every agency subject to this chapter shall prescribe the time, place, and dates of regular meetings of the agency. Such information shall be available to the general public and a notice containing such information shall be posted at least one week in advance and maintained in a conspicuous place available to the public at the regular meeting place of the an agency or committee meeting subject to this chapter as well as on the agency's website, if any. Meetings shall be held in accordance with a regular schedule, but nothing in this subsection shall preclude an agency from canceling or postponing any regularly scheduled meeting. (2) For any meeting, other than a regularly scheduled meeting of the agency for which notice has already been provided pursuant to this chapter, Whenever any meeting required to be open to the public is to be held at a time or place other than at the time and place prescribed for regular meetings, the agency shall give due notice thereof. 'Due notice' shall be the posting of a written notice for at least 24 hours at the place of regular meetings and giving of written or oral notice shall be given at least 24 hours in advance of the meeting to the legal organ in which notices of sheriff's sales are published in the county where regular meetings are held or at the option of the agency to a newspaper having a general circulation in said such county at least equal to that of the legal organ; provided, however, that, in counties where the legal organ is published less often than four times weekly 'due notice', sufficient notice shall be the posting of a written notice for at least 24 hours at the place of regular meetings and, upon written request from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone or, facsimile, or e-mail to that requesting media outlet at least 24 hours in advance of the called meeting. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately or as soon as practicable make the information available upon inquiry to any member of the public. Upon written request from any local broadcast or print media outlet, a copy of the meeting's agenda shall be provided by facsimile, e-mail, or mail through a self-addressed, stamped envelope provided by the requestor. (3) When special circumstances occur and are so declared by an agency, that agency may hold a meeting with less than 24 hours' notice upon giving such notice of the meeting and subjects expected to be considered at the meeting as is reasonable under the circumstances, including notice to said the county legal organ or a newspaper having a general circulation in the county at least equal to that of the legal organ, in which event the reason for holding the meeting within 24 hours and the nature of the TUESDAY, MARCH 27, 2012 3649 notice shall be recorded in the minutes. Whenever notice is given to a legal organ or other newspaper, that publication shall immediately make the information available upon inquiry to any member of the public. Any oral notice required or permitted by this subsection may be given by telephone. Such reasonable notice shall also include, upon written request within the previous calendar year from any local broadcast or print media outlet whose place of business and physical facilities are located in the county, notice by telephone, facsimile, or e-mail to that requesting media outlet. (e)(1) Prior to any meeting, the agency or committee holding such meeting shall make available an agenda of all matters expected to come before the agency or committee at such meeting. The agenda shall be available upon request and shall be posted at the meeting site, as far in advance of the meeting as reasonably possible, but shall not be required to be available more than two weeks prior to the meeting and shall be posted, at a minimum, at some time during the two-week period immediately prior to the meeting. Failure to include on the agenda an item which becomes necessary to address during the course of a meeting shall not preclude considering and acting upon such item. (2)(A) A summary of the subjects acted on and those members present at a meeting of any agency shall be written and made available to the public for inspection within two business days of the adjournment of a meeting of any agency. (B) The regular minutes of a meeting of any agency subject to this chapter shall be promptly recorded and such records shall be open to public inspection once approved as official by the agency or its committee, but in no case later than immediately following the its next regular meeting of the agency; provided, however, that nothing contained in this chapter shall prohibit the earlier release of minutes, whether approved by the agency or not. Such Said minutes shall, as at a minimum, include the names of the members present at the meeting, a description of each motion or other proposal made, the identity of the persons making and seconding the motion or other proposal, and a record of all votes. In the case of a roll-call vote the The name of each person voting for or against a proposal shall be recorded and in all other cases it. It shall be presumed that the action taken was approved by each person in attendance unless the minutes reflect the name of the persons voting against the proposal or abstaining. (C) Minutes of executive sessions shall also be recorded but shall not be open to the public. Such minutes shall specify each issue discussed in executive session by the agency or committee. In the case of executive sessions where matters subject to the attorney-client privilege are discussed, the fact that an attorney-client discussion occurred and its subject shall be identified, but the substance of the discussion need not be recorded and shall not be identified in the minutes. Such minutes shall be kept and preserved for in camera inspection by an appropriate court should a dispute arise as to the propriety of any executive session. (f) An agency with state-wide jurisdiction or committee of such an agency shall be authorized to conduct meetings by telecommunications conference teleconference, provided that any such meeting is conducted in compliance with this chapter. 3650 JOURNAL OF THE SENATE (g) Under circumstances necessitated by emergency conditions involving public safety or the preservation of property or public services, agencies or committees thereof not otherwise permitted by subsection (f) of this Code section to conduct meetings by teleconference may meet by means of teleconference so long as the notice required by this chapter is provided and means are afforded for the public to have simultaneous access to the teleconference meeting. On any other occasion of the meeting of an agency or committee thereof, and so long as a quorum is present in person, a member may participate by teleconference if necessary due to reasons of health or absence from the jurisdiction so long as the other requirements of this chapter are met. Absent emergency conditions or the written opinion of a physician or other health professional that reasons of health prevent a member's physical presence, no member shall participate by teleconference pursuant to this subsection more than twice in one calendar year. 50-14-2. This chapter shall not be construed so as to repeal in any way: (1) The attorney-client privilege recognized by state law to the extent that a meeting otherwise required to be open to the public under this chapter may be closed in order to consult and meet with legal counsel pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee or in which the agency or any officer or employee may be directly involved; provided, however, the meeting may not be closed for advice or consultation on whether to close a meeting; and (2) Those tax matters which are otherwise made confidential by state law. 50-14-3. (a) This chapter shall not apply to the following: (1) Staff meetings held for investigative purposes under duties or responsibilities imposed by law; (2) The deliberations and voting of the State Board of Pardons and Paroles; and in addition said such board may close a meeting held for the purpose of receiving information or evidence for or against clemency or in revocation proceedings if it determines that the receipt of such information or evidence in open meeting would present a substantial risk of harm or injury to a witness; (3) Meetings of the Georgia Bureau of Investigation or any other law enforcement or prosecutorial agency in the state, including grand jury meetings; (4) Adoptions and proceedings related thereto; (5) Gatherings involving an agency and one or more neutral third parties in mediation of a dispute between the agency and any other party. In such a gathering, the neutral party may caucus jointly or independently with the parties to the mediation to facilitate a resolution to the conflict, and any such caucus shall not be subject to the requirements of this chapter. Any decision or resolution agreed to by an agency at any such caucus shall not become effective until ratified in a public meeting and the TUESDAY, MARCH 27, 2012 3651 terms of any such decision or resolution are disclosed to the public. Any final settlement agreement, memorandum of agreement, memorandum of understanding, or other similar document, however denominated, in which an agency has formally resolved a claim or dispute shall be subject to the provisions of Article 4 of Chapter 18 of this title; (6) Meetings: (A) Of any medical staff committee of a public hospital; (B) Of the governing authority of a public hospital or any committee thereof when performing a peer review or medical review function as set forth in Code Section 31-7-15, Articles 6 and 6A of Chapter 7 of Title 31, or under any other applicable federal or state statute or regulation; and (C) Of the governing authority of a public hospital or any committee thereof in which the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law is discussed, considered, or voted upon; (7) Incidental conversation unrelated to the business of the agency; or (8) E-mail communications among members of an agency; provided, however, that such communications shall be subject to disclosure pursuant to Article 4 of Chapter 18 of this title. (b) Subject to compliance with the other provisions of this chapter, executive sessions shall be permitted for: (4)(1) 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, 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; or voting to: (A) Authorize the settlement of any matter which may be properly discussed in executive session in accordance with paragraph (1) of Code Section 50-14-2; (B) Authorize negotiations to purchase, dispose of, or lease property; (C) Authorize the ordering of an appraisal related to the acquisition or disposal of real estate; (D) Enter into a contract to purchase, dispose of, or lease property subject to approval in a subsequent public vote; or (E) Enter into an option to purchase, dispose of, or lease real estate subject to approval in subsequent public vote. No vote in executive session to acquire, dispose of, or lease real estate, or to settle litigation, claims, or administrative proceedings, shall be binding on an agency until a subsequent vote is taken in an open meeting where the identity of the property and the terms of the acquisition, disposal, or lease are disclosed before the vote or where the parties and principal settlement terms are disclosed before the vote; (5) Meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the 3652 JOURNAL OF THE SENATE granting of abortions under state or federal law; (6)(2) Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee but not when receiving evidence or interviewing applicants for the position of the executive head of an agency. This exception shall not apply to the receipt of evidence or when hearing argument on charges filed to determine personnel matters, including whether to impose disciplinary action or dismissal of dismiss a public officer or employee or when considering or discussing matters of policy regarding the employment or hiring practices of the agency. The vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public as provided in this chapter; (7) Adoptions and proceedings related thereto; (8)(3) Meetings of the board of trustees or the investment committee of any public retirement system created by or subject to Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition; and (9)(4) Portions of meetings during which that portion of a record made Meetings when discussing any records that are exempt from public inspection or disclosure pursuant to paragraph (15) of subsection (a) of Code Section 50-18-72, when discussing any information a record of which would be exempt from public inspection or disclosure under said paragraph, or when reviewing or discussing any security plan under consideration pursuant to paragraph (10) of subsection (a) of Code Section 1516-10 Article 4 of Chapter 18 of this title is to be considered by an agency and there are no reasonable means by which the agency can consider the record without disclosing the exempt portions if the meeting were not closed. 50-14-4. (a) When any meeting of an agency is closed to the public pursuant to any provision of this chapter, the specific reasons for such closure shall be entered upon the official minutes, the meeting shall not be closed to the public except by a majority vote of a quorum present for the meeting, the minutes shall reflect the names of the members present and the names of those voting for closure, and that part of the minutes shall be made available to the public as any other minutes. Where a meeting of an agency is devoted in part to matters within the exceptions provided by law, any portion of the meeting not subject to any such exception, privilege, or confidentiality shall be open to the public, and the minutes of such portions not subject to any such exception shall be taken, recorded, and open to public inspection as provided in subsection (e) of Code Section 50-14-1. (b)(1) When any meeting of an agency is closed to the public pursuant to subsection (a) of this Code section, the chairperson or other person presiding over such meeting or, if the agency's policy so provides, each member of the governing body of the TUESDAY, MARCH 27, 2012 3653 agency attending such meeting, shall execute and file with the official minutes of the meeting a notarized affidavit stating under oath that the subject matter of the meeting or the closed portion thereof was devoted to matters within the exceptions provided by law and identifying the specific relevant exception. (2) In the event that one or more persons in an executive session initiates a discussion that is not authorized pursuant to Code Section 50-14-3, the presiding officer shall immediately rule the discussion out of order and all present shall cease the questioned conversation. If one or more persons continue or attempt to continue the discussion after being ruled out of order, the presiding officer shall immediately adjourn the executive session. 50-14-5. (a) The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this chapter, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person, firm, corporation, or other entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this chapter. (b) In any action brought to enforce the provisions of this chapter in which the court determines that an agency acted without substantial justification in not complying with this chapter, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought. (c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information. 50-14-6. Any person knowingly and willfully conducting or participating in a meeting in violation of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $500.00 $1,000.00. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this chapter against any person who negligently violates the terms of this chapter in an amount not to exceed $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date that the first penalty or fine was imposed. It shall be a defense to any criminal action under this Code section that a person has acted in good faith in his or her actions." SECTION 2. Said title is further amended by revising Article 4 of Chapter 18, relating to inspection of public records, as follows: 3654 JOURNAL OF THE SENATE "ARTICLE 4 50-18-70. (a) The General Assembly finds and declares that the strong public policy of this state is in favor of open government; that open government is essential to a free, open, and democratic society; and that public access to public records should be encouraged to foster confidence in government and so that the public can evaluate the expenditure of public funds and the efficient and proper functioning of its institutions. The General Assembly further finds and declares that there is a strong presumption that public records should be made available for public inspection without delay. This article shall be broadly construed to allow the inspection of governmental records. The exceptions set forth in this article, together with any other exception located elsewhere in the Code, shall be interpreted narrowly to exclude only those portions of records addressed by such exception. (a)(b) As used in this article, the term: (1) 'Agency' shall have the same meaning as in Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization that has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state, their officers, or any combination thereof and derives more than 33 1/3 percent of its general operating budget from payments from such political subdivisions. (2) 'Public record' means 'public record' shall mean all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, data, data fields, or similar material prepared and maintained or received by an agency or by a private person or entity in the performance of a service or function for or on behalf of an agency or when such documents have been transferred to a private person or entity by an agency for storage or future governmental use. in the course of the operation of a public office or agency. 'Public record' shall also mean such items received or maintained by a private person or entity on behalf of a public office or agency which are not otherwise subject to protection from disclosure; provided, however, this Code section shall be construed to disallow an agency's placing or causing such items to be placed in the hands of a private person or entity for the purpose of avoiding disclosure. Records received or maintained by a private person, firm, corporation, or other private entity in the performance of a service or function for or on behalf of an agency, a public agency, or a public office shall be subject to disclosure to the same extent that such records would be subject to disclosure if received or maintained by such agency, public agency, or public office. As used in this article, the term 'agency' or 'public agency' or 'public office' shall have the same meaning and application as provided for in the definition of the term 'agency' in paragraph (1) of subsection (a) of Code Section 50-14-1 and shall additionally include any association, corporation, or other similar organization which: (1) has a membership or ownership body composed primarily of counties, municipal corporations, or school districts of this state or their officers or any combination thereof; and (2) derives a substantial portion of its general TUESDAY, MARCH 27, 2012 3655 operating budget from payments from such political subdivisions. (b) All public records of an agency as defined in subsection (a) of this Code section, except those which by order of a court of this state or by law are prohibited or specifically exempted from being open to inspection by the general public, shall be open for a personal inspection by any citizen of this state at a reasonable time and place; and those in charge of such records shall not refuse this privilege to any citizen. (c) Any computerized index of a county real estate deed records shall be printed for purposes of public inspection no less than every 30 days and any correction made on such index shall be made a part of the printout and shall reflect the time and date that said index was corrected. (d) No public officer or agency shall be required to prepare reports, summaries, or compilations not in existence at the time of the request. (e) In a pending proceeding under Chapter 13 of this title, the 'Georgia Administrative Procedure Act,' or under any other administrative proceeding authorized under Georgia law, a party may not access public records pertaining to the subject of the proceeding pursuant to this article without the prior approval of the presiding administrative law judge, who shall consider such open record request in the same manner as any other request for information put forth by a party in such a proceeding. This subsection shall not apply to any proceeding under Chapter 13 of this title, relating to the revocation, suspension, annulment, withdrawal, or denial of a professional education certificate, as defined in Code Section 20-2-200, or any personnel proceeding authorized under Part 7 and Part 11 of Article 17 and Article 25 of Chapter 2 of Title 20. (f) The individual in control of such public record or records shall have a reasonable amount of time to determine whether or not the record or records requested are subject to access under this article and to permit inspection and copying. In no event shall this time exceed three business days. Where responsive records exist but are not available within three business days of the request, a written description of such records, together with a timetable for their inspection and copying, shall be provided within that period; provided, however, that records not subject to inspection under this article need not be made available for inspection and copying or described other than as required by subsection (h) of Code Section 50-18-72, and no records need be made available for inspection or copying if the public officer or agency in control of such records shall have obtained, within that period of three business days, an order based on an exception in this article of a superior court of this state staying or refusing the requested access to such records. (g) At the request of the person, firm, corporation, or other entity requesting such records, records maintained by computer shall be made available where practicable by electronic means, including Internet access, subject to reasonable security restrictions preventing access to nonrequested or nonavailable records. 50-18-71. (a) All public records shall be open for personal inspection and copying, except those which by order of a court of this state or by law are specifically exempted from 3656 JOURNAL OF THE SENATE disclosure. Records shall be maintained by agencies to the extent and in the manner required by Article 5 of this chapter. In all cases where an interested member of the public has a right to inspect or take extracts or make copies from any public records, instruments, or documents, any such person shall have the right of access to the records, documents, or instruments for the purpose of making photographs or reproductions of the same while in the possession, custody, and control of the lawful custodian thereof, or his authorized deputy. Such work shall be done under the supervision of the lawful custodian of the records, who shall have the right to adopt and enforce reasonable rules governing the work. The work shall be done in the room where the records, documents, or instruments are kept by law. While the work is in progress, the custodian may charge the person making the photographs or reproductions of the records, documents, or instruments at a rate of compensation to be agreed upon by the person making the photographs and the custodian for his services or the services of a deputy in supervising the work. (b)(1)(A) Agencies shall produce for inspection all records responsive to a request within a reasonable amount of time not to exceed three business days of receipt of a request; provided, however, that nothing in this chapter shall require agencies to produce records in response to a request if such records did not exist at the time of the request. In those instances where some, but not all, records are available within three business days, an agency shall make available within that period those records that can be located and produced. In any instance where records are unavailable within three business days of receipt of the request, and responsive records exist, the agency shall, within such time period, provide the requester with a description of such records and a timeline for when the records will be available for inspection or copying and provide the responsive records or access thereto as soon as practicable. Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply. (B) A request made pursuant to this article may be made to the custodian of a public record orally or in writing. An agency may, but shall not be obligated to, require that all written requests be made upon the responder's choice of one of the following: the agency's director, chairperson, or chief executive officer, however denominated; the senior official at any satellite office of an agency; a clerk specifically designated by an agency as the custodian of agency records; or a duly designated open records officer of an agency; provided, however, that the absence or unavailability of the designated agency officer or employee shall not be permitted to delay the agency's response. At the time of inspection, any person may make photographic copies or other electronic reproductions of the records using suitable portable devices brought to the place of inspection. Notwithstanding any other provision of this chapter, an agency may, in its discretion, provide copies of a record in lieu of providing access to the record when portions of the record contain confidential information that must be redacted. (2) Any agency that designates one or more open records officers upon whom requests for inspection or copying of records may be delivered shall make such TUESDAY, MARCH 27, 2012 3657 designation in writing and shall immediately provide notice to any person upon request, orally or in writing, of those open records officers. If the agency has elected to designate an open records officer, the agency shall so notify the legal organ of the county in which the agency's principal offices reside and, if the agency has a website, shall also prominently display such designation on the agency's website. In the event an agency requires that requests be made upon the individuals identified in subparagraph (B) of paragraph (1) of this subsection, the three-day period for response to a written request shall not begin to run until the request is made in writing upon such individuals. An agency shall permit receipt of written requests by e-mail or facsimile transmission in addition to any other methods of transmission approved by the agency, provided such agency uses e-mail or facsimile in the normal course of its business. (3) The enforcement provisions of Code Sections 50-18-73 and 50-18-74 shall be available only to enforce compliance and punish noncompliance when a written request is made consistent with this subsection and shall not be available when such request is made orally. (c)(1) An agency may impose a reasonable charge for the search, retrieval, redaction, and production or copying costs for the production of records pursuant to this article. An agency shall utilize the most economical means reasonably calculated to identify and produce responsive, nonexcluded documents. Where fees for certified copies or other copies or records are specifically authorized or otherwise prescribed by law, such specific fee shall apply when certified copies or other records to which a specific fee may apply are sought. In all other instances, the charge for the search, retrieval, or redaction of records shall not exceed the prorated hourly salary of the lowest paid fulltime employee who, in the reasonable discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour. Where no fee is otherwise provided by law, the agency may charge and collect a uniform copying fee not to exceed 25 per page. (2) In addition to a charge for the search, retrieval, or redaction of records, an agency may charge a fee for the copying of records or data, not to exceed 10 per page for letter or legal size documents or, in the case of other documents, the actual cost of producing the copy. In the case of electronic records, the agency may charge the actual cost of the media on which the records or data are produced. (3) Whenever any person has requested to inspect or copy a public record and does not pay the cost for search, retrieval, redaction, or copying of such records when such charges have been lawfully estimated and agreed to pursuant to this article, and the agency has incurred the agreed-upon costs to make the records available, regardless of whether the requester inspects or accepts copies of the records, the agency shall be authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments by such agency. (d) In any instance in which an agency is required to or has decided to withhold all or part of a requested record, the agency shall notify the requester of the specific legal 3658 JOURNAL OF THE SENATE authority exempting the requested record or records from disclosure by Code section, subsection, and paragraph within a reasonable amount of time not to exceed three business days or in the event the search and retrieval of records is delayed pursuant to this paragraph or pursuant to subparagraph (b)(1)(A) of this Code section, then no later than three business days after the records have been retrieved. In any instance in which an agency will seek costs in excess of $25.00 for responding to a request, the agency shall notify the requester within a reasonable amount of time not to exceed three business days and inform the requester of the estimate of the costs, and the agency may defer search and retrieval of the records until the requester agrees to pay the estimated costs unless the requester has stated in his or her request a willingness to pay an amount that exceeds the search and retrieval costs. In any instance in which the estimated costs for production of the records exceeds $500.00, an agency may insist on prepayment of the costs prior to beginning search, retrieval, review, or production of the records. Whenever any person who has requested to inspect or copy a public record has not paid the cost for search, retrieval, redaction, or copying of such records when such charges have been lawfully incurred, an agency may require prepayment for compliance with all future requests for production of records from that person until the costs for the prior production of records have been paid or the dispute regarding payment resolved. In addition, a reasonable charge may be collected for search, retrieval, and other direct administrative costs for complying with a request under this Code section. The hourly charge shall not exceed the salary of the lowest paid full-time employee who, in the discretion of the custodian of the records, has the necessary skill and training to perform the request; provided, however, that no charge shall be made for the first quarter hour. (e) Requests by civil litigants for records that are sought as part of or for use in any ongoing civil or administrative litigation against an agency shall be made in writing and copied to counsel of record for that agency contemporaneously with their submission to that agency. The agency shall provide, at no cost, duplicate sets of all records produced in response to the request to counsel of record for that agency unless the counsel of record for that agency elects not to receive the records. An agency shall utilize the most economical means available for providing copies of public records. (f) As provided in this subsection, an agency's use of electronic record-keeping systems must not erode the public's right of access to records under this article. Agencies shall produce electronic copies of or, if the requester prefers, printouts of electronic records or data from data base fields that the agency maintains using the computer programs that the agency has in its possession. An agency shall not refuse to produce such electronic records, data, or data fields on the grounds that exporting data or redaction of exempted information will require inputting range, search, filter, report parameters, or similar commands or instructions into an agency's computer system so long as such commands or instructions can be executed using existing computer programs that the agency uses in the ordinary course of business to access, support, or otherwise manage the records or data. A requester may request that electronic records, data, or data fields be produced in the format in which such data or electronic records TUESDAY, MARCH 27, 2012 3659 are kept by the agency, or in a standard export format such as a flat file electronic American Standard Code for Information Interchange (ASCII) format, if the agency's existing computer programs support such an export format. In such instance, the data or electronic records shall be downloaded in such format onto suitable electronic media by the agency. Where information requested is maintained by computer, an agency may charge the public its actual cost of a computer disk or tape onto which the information is transferred and may charge for the administrative time involved as set forth in subsection (d) of this Code section. (g) Requests to inspect or copy electronic messages, whether in the form of e-mail, text message, or other format, should contain information about the messages that is reasonably calculated to allow the recipient of the request to locate the messages sought, including, if known, the name, title, or office of the specific person or persons whose electronic messages are sought and, to the extent possible, the specific data bases to be searched for such messages. Whenever any person has requested one or more copies of a public record and such person does not pay the copying charges and charges for search, retrieval, or other direct administrative costs in accordance with the provisions of this Code section: (1) A county or a department, agency, board, bureau, commission, authority, or similar body of a county is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (2) A municipal corporation or a department, agency, board, bureau, commission, authority, or similar body of a municipal corporation is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation; (3) A consolidated government or a department, agency, board, bureau, commission, authority, or similar body of a consolidated government is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the consolidated government; (4) A county school board or a department, agency, board, bureau, commission, authority, or similar body of a county school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county; (5) An independent school board or a department, agency, board, bureau, commission, authority, or similar body of an independent school board is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation; and (6) A joint or regional authority or instrumentality which serves one or more counties and one or more municipal corporations, two or more counties, or two or more municipal corporations is authorized to collect such charges in any manner authorized by law for the collection of taxes, fees, or assessments owed to the county if a county is involved with the authority or instrumentality or in any manner authorized by law for the collection of taxes, fees, or assessments owed to the municipal corporation if a municipal corporation is involved with the authority or instrumentality. 3660 JOURNAL OF THE SENATE This subsection shall apply whether or not the person requesting the copies has appeared to receive the copies. (h) In lieu of providing separate printouts or copies of records or data, an agency may provide access to records through a website accessible by the public. However, if an agency receives a request for data fields, an agency shall not refuse to provide the responsive data on the grounds that the data is available in whole or in its constituent parts through a website if the requester seeks the data in the electronic format in which it is kept. Additionally, if an agency contracts with a private vendor to collect or maintain public records, the agency shall ensure that the arrangement does not limit public access to those records and that the vendor does not impede public record access and method of delivery as established by the agency or as otherwise provided for in this Code section. (i) Any computerized index of county real estate deed records shall be printed for purposes of public inspection no less than every 30 days, and any correction made on such index shall be made a part of the printout and shall reflect the time and date that such index was corrected. (j) No public officer or agency shall be required to prepare new reports, summaries, or compilations not in existence at the time of the request. 50-18-71.1. (a) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case or, if no judge has been assigned, approval of the chief judge or, if no judge has been designated chief judge, approval of the judge most senior in length of service on the court. (b) Except as provided in subsection (d) of this Code section, in the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following representations of the exhibit: (1) A photograph; (2) A photocopy; (3) A facsimile; or (4) Another reproduction. (c) The provisions of subsections (b), (c), (d), and (e) of Code Section 50-18-71 shall apply to fees, costs, and charges for providing a photocopy of such an exhibit. Fees for providing a photograph, facsimile, or other reproduction of such an exhibit shall not exceed the cost of materials or supplies and a reasonable charge for time spent producing the photograph, facsimile, or other reproduction, in accordance with subsections (d) and (e) of Code Section 50-18-71. (d) Any physical evidence that is evidence of a violation of Part 2 of Article 3 of Chapter 12 of Title 16, that is used as an exhibit in a criminal or civil trial, shall not be open to public inspection except as provided in subsection (a) of this Code section. If the judge approves inspection of such physical evidence, the judge shall designate, in TUESDAY, MARCH 27, 2012 3661 writing, the location where such physical evidence may be inspected, which location shall be in a facility owned or operated by an agency of state or local government. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years and by a fine of not more than $100,000.00, or both. 50-18-71.2. Any agency receiving a request for public records shall be required to notify the party making the request of the estimated cost of the copying, search, retrieval, and other administrative fees authorized by Code Section 50-18-71 as a condition of compliance with the provisions of this article prior to fulfilling the request as a condition for the assessment of any fee; provided, however, that no new fees other than those directly attributable to providing access shall be assessed where records are made available by electronic means. 50-18-72. (a) Public disclosure shall not be required for records that are: (1) Specifically required by federal statute or regulation to be kept confidential; (2) Medical or veterinary records and similar files, the disclosure of which would be an invasion of personal privacy; (3) Except as otherwise provided by law, records compiled for law enforcement or prosecution purposes to the extent that production of such records would is reasonably likely to disclose the identity of a confidential source, disclose confidential investigative or prosecution material which would endanger the life or physical safety of any person or persons, or disclose the existence of a confidential surveillance or investigation; (4) Records of law enforcement, prosecution, or regulatory agencies in any pending investigation or prosecution of criminal or unlawful activity, other than initial police arrest reports and initial incident reports; provided, however, that an investigation or prosecution shall no longer be deemed to be pending when all direct litigation involving said such investigation and prosecution has become final or otherwise terminated; and provided, further, that this paragraph shall not apply to records in the possession of an agency that is the subject of the pending investigation or prosecution; (4.1)(5) Individual Georgia Uniform Motor Vehicle Accident Reports, except upon the submission of a written statement of need by the requesting party, such statement to be provided to the custodian of records and to set forth the need for the report pursuant to this Code section; provided, however, that any person or entity whose name or identifying information is contained in a Georgia Uniform Motor Vehicle Accident Report shall be entitled, either personally or through a lawyer or other representative, to receive a copy of such report; and provided, further, that Georgia Uniform Motor Vehicle Accident Reports shall not be available in bulk for inspection 3662 JOURNAL OF THE SENATE or copying by any person absent a written statement showing the need for each such report pursuant to the requirements of this Code section. For the purposes of this subsection, the term 'need' means that the natural person or legal entity who is requesting in person or by representative to inspect or copy the Georgia Uniform Motor Vehicle Accident Report: (A) Has a personal, professional, or business connection with a party to the accident; (B) Owns or leases an interest in property allegedly or actually damaged in the accident; (C) Was allegedly or actually injured by the accident; (D) Was a witness to the accident; (E) Is the actual or alleged insurer of a party to the accident or of property actually or allegedly damaged by the accident; (F) Is a prosecutor or a publicly employed law enforcement officer; (G) Is alleged to be liable to another party as a result of the accident; (H) Is an attorney stating that he or she needs the requested reports as part of a criminal case, or an investigation of a potential claim involving contentions that a roadway, railroad crossing, or intersection is unsafe; (I) Is gathering information as a representative of a news media organization; (J) Is conducting research in the public interest for such purposes as accident prevention, prevention of injuries or damages in accidents, determination of fault in an accident or accidents, or other similar purposes; provided, however, that this subparagraph will shall apply only to accident reports on accidents that occurred more than 30 days prior to the request and which shall have the name, street address, telephone number, and driver's license number redacted; or (K) Is a governmental official, entity, or agency, or an authorized agent thereof, requesting reports for the purpose of carrying out governmental functions or legitimate governmental duties; (4.2)(6) Jury list data, including, but not limited to, persons' names, dates of birth, addresses, ages, race, gender, telephone numbers, social security numbers, and when it is available, the person's ethnicity, and other confidential identifying information that is collected and used by the Council of Superior Court Clerks of Georgia for creating, compiling, and maintaining state-wide master jury lists and county master jury lists for the purpose of establishing and maintaining county jury source lists pursuant to the provisions of Chapter 12 of Title 15; provided, however, that when ordered by the judge of a court having jurisdiction over a case in which a challenge to the array of the grand or trial jury has been filed, the Council of Superior Court Clerks of Georgia or the clerk of the county board of jury commissioners of any county shall provide data within the time limit established by the court for the limited purpose of such challenge. Neither the Council of Superior Court Clerks of Georgia nor the clerk of a county board of jury commissioners shall be liable for any use or misuse of such data; (5)(7) Records that consist consisting of confidential evaluations submitted to, or TUESDAY, MARCH 27, 2012 3663 examinations prepared by, a governmental agency and prepared in connection with the appointment or hiring of a public officer or employee; and records (8) Records consisting of material obtained in investigations related to the suspension, firing, or investigation of complaints against public officers or employees until ten days after the same has been presented to the agency or an officer for action or the investigation is otherwise concluded or terminated, provided that this paragraph shall not be interpreted to make such investigatory records privileged; (6)(A)(9) Real estate appraisals, engineering or feasibility estimates, or other records made for or by the state or a local agency relative to the acquisition of real property until such time as the property has been acquired or the proposed transaction has been terminated or abandoned; and (B)(10) Pending Engineers' cost estimates and pending, rejected, or deferred sealed bids or sealed proposals and detailed cost estimates related thereto until such time as the final award of the contract is made, or the project is terminated or abandoned. The provisions of this subparagraph shall apply whether the bid or proposal is received or prepared by the Department of Transportation pursuant to Article 4 of Chapter 2 of Title 32, by a county pursuant to Article 3 of Chapter 4 of Title 32, by a municipality pursuant to Article 4 of Chapter 4 of Title 32, or by a governmental entity pursuant to Article 2 of Chapter 91 of Title 36, or the agency in possession of the records takes a public vote regarding the sealed bid or sealed proposal, whichever comes first; (7)(11) Records which Notwithstanding any other provision of this article, an agency shall not be required to release those portions of records which would identify persons applying for or under consideration for employment or appointment as executive head of an agency as that term is defined in paragraph (1) of subsection (a) of Code Section 50-14-1, or of a unit of the University System of Georgia; provided, however, that at least 14 calendar days prior to the meeting at which final action or vote is to be taken on the position the agency shall release of executive head of an agency or five business days prior to the meeting at which final action or vote is to be taken on the position of president of a unit of the University System of Georgia, all documents which came into its possession with respect to as many as concerning as many as three persons under consideration whom the agency has determined to be the best qualified for the position and from among whom the agency intends to fill the position shall be subject to inspection and copying. Prior to the release of these documents, an agency may allow such a person to decline being considered further for the position rather than have documents pertaining to the such person released. In that event, the agency shall release the documents of the next most qualified person under consideration who does not decline the position. If an agency has conducted its hiring or appointment process open to the public without conducting interviews or discussing or deliberating in executive session in a manner otherwise consistent with Chapter 14 of this title, it shall not be required to delay 14 days to take final action on the position. The agency shall not be required to release such records with respect to of other applicants or persons under consideration, except at the request of any such person. Upon request, the hiring agency shall furnish the number of applicants and 3664 JOURNAL OF THE SENATE the composition of the list by such factors as race and sex. The agency shall not be allowed to avoid the provisions of this paragraph by the employment of a private person or agency to assist with the search or application process; (8)(12) Related to the provision of staff services to individual members of the General Assembly by the Legislative and Congressional Reapportionment Office, the Senate Research Office, or the House Budget and Research Office, provided that this exception shall not have any application with respect to records related to the provision of staff services to any committee or subcommittee or to any records which are or have been previously publicly disclosed by or pursuant to the direction of an individual member of the General Assembly; (9)(13) Records that are of historical research value which are given or sold to public archival institutions, public libraries, or libraries of a unit of the Board of Regents of the University System of Georgia when the owner or donor of such records wishes to place restrictions on access to the records. No restriction on access, however, may extend more than 75 years from the date of donation or sale. This exemption shall not apply to any records prepared in the course of the operation of state or local governments of the State of Georgia; (10)(14) Records that contain information from the Department of Natural Resources inventory and register relating to the location and character of a historic property or of historic properties as those terms are defined in Code Sections 12-3-50.1 and 12-350.2 if the Department of Natural Resources through its Division of Historic Preservation determines that disclosure will create a substantial risk of harm, theft, or destruction to the property or properties or the area or place where the property or properties are located; (10.1)(15) Records of farm water use by individual farms as determined by watermeasuring devices installed pursuant to Code Section 12-5-31 or 12-5-105; provided, however, that compilations of such records for the 52 large watershed basins as identified by the eight-digit United States Geologic Survey hydrologic code or an aquifer that do not reveal farm water use by individual farms shall be subject to disclosure under this article; (10.2)(16) Agricultural or food system records, data, or information that are considered by the Georgia Department of Agriculture to be a part of the critical infrastructure, provided that nothing in this paragraph shall prevent the release of such records, data, or information to another state or federal agency if the release of such records, data, or information is necessary to prevent or control disease or to protect public health, safety, or welfare. As used in this paragraph, the term 'critical infrastructure' shall have the same meaning as in 42 U.S.C. Section 5195c(e). Such records, data, or information shall be subject to disclosure only upon the order of a court of competent jurisdiction; (10.3)(17) Records, data, or information collected, recorded, or otherwise obtained that is deemed confidential by the Georgia Department of Agriculture for the purposes of the national animal identification system, provided that nothing in this paragraph shall prevent the release of such records, data, or information to another state or TUESDAY, MARCH 27, 2012 3665 federal agency if the release of such records, data, or information is necessary to prevent or control disease or to protect public health, safety, or welfare. As used in this paragraph, the term 'national animal identification program' means a national program intended to identify animals and track them as they come into contact with or commingle with animals other than herdmates from their premises of origin. Such records, data, or information shall be subject to disclosure only upon the order of a court of competent jurisdiction; (11)(18) Records that contain site specific site-specific information regarding the occurrence of rare species of plants or animals or the location of sensitive natural habitats on public or private property if the Department of Natural Resources determines that disclosure will create a substantial risk of harm, theft, or destruction to the species or habitats or the area or place where the species or habitats are located; provided, however, that the owner or owners of private property upon which rare species of plants or animals occur or upon which sensitive natural habitats are located shall be entitled to such information pursuant to this article; (11.1) An individual's social security number and insurance or medical information in personnel records, which may be redacted from such records; (11.2)(19) Records that would reveal the names, home addresses, telephone numbers, security codes, e-mail addresses, or any other data or information developed, collected, or received by counties or municipalities in connection with neighborhood watch or public safety notification programs or with the installation, servicing, maintaining, operating, selling, or leasing of burglar alarm systems, fire alarm systems, or other electronic security systems; provided, however, that initial police reports and initial incident reports shall remain subject to disclosure pursuant to paragraph (4) of this subsection; (11.3)(20)(A) Records that reveal an An individual's social security number, mother's birth name, credit card information, debit card information, bank account information, account number, including a utility account number, password used to access his or her account, financial data or information, and insurance or medical information in all records, and unlisted telephone number if so designated in a public record, personal e-mail address or cellular telephone number, if technically feasible at reasonable cost, day and month of birth, which and information regarding public utility, television, Internet, or telephone accounts held by private customers, provided that nonitemized bills showing amounts owed and amounts paid shall be available. Items exempted by this subparagraph shall be redacted prior to disclosure of any record requested pursuant to this article; provided, however, that such information shall not be redacted from such records if the person or entity requesting such records requests such information in a writing signed under oath by such person or a person legally authorized to represent such entity which states that such person or entity is gathering information as a representative of a news media organization for use in connection with news gathering and reporting; and provided, further, that such access shall be limited to social security numbers and day and month of birth; and provided, further, that this the news media organization 3666 JOURNAL OF THE SENATE exception for access to social security numbers and day and month of birth and the other protected information set forth in this subparagraph shall not apply to teachers, employees of a public school, or public employees as set forth in paragraph (13.1) (21) of this subsection. For purposes of this subparagraph, the term 'public employee' means any nonelected employee of the State of Georgia or its agencies, departments, or commissions or any county or municipality or its agencies, departments, or commissions. (B) This paragraph shall have no application to: (i) The disclosure of information contained in the records or papers of any court or derived therefrom including without limitation records maintained pursuant to Article 9 of Title 11; (ii) The disclosure of information to a court, prosecutor, or publicly employed law enforcement officer, or authorized agent thereof, seeking records in an official capacity; (iii) The disclosure of information to a public employee of this state, its political subdivisions, or the United States who is obtaining such information for administrative purposes, in which case, subject to applicable laws of the United States, further access to such information shall continue to be subject to the provisions of this paragraph; (iv) The disclosure of information as authorized by the order of a court of competent jurisdiction upon good cause shown to have access to any or all of such information upon such conditions as may be set forth in such order; (v) The disclosure of information to the individual in respect of whom such information is maintained, with the authorization thereof, or to an authorized agent thereof; provided, however, that the agency maintaining such information shall require proper identification of such individual or such individual's agent, or proof of authorization, as determined by such agency; (vi) The disclosure of the day and month of birth and mother's birth name of a deceased individual; (vii) The disclosure by an agency of credit or payment information in connection with a request by a consumer reporting agency as that term is defined under the federal Fair Credit Reporting Act (15 U.S.C. Section 1681, et seq.); (viii) The disclosure by an agency of information in its records in connection with the agency's discharging or fulfilling of its duties and responsibilities, including, but not limited to, the collection of debts owed to the agency or individuals or entities whom the agency assists in the collection of debts owed to the individual or entity; (ix) The disclosure of information necessary to comply with legal or regulatory requirements or for legitimate law enforcement purposes; or (x) The disclosure of the date of birth within criminal records. (C) Records and information disseminated pursuant to this paragraph may be used only by the authorized recipient and only for the authorized purpose. Any person who obtains records or information pursuant to the provisions of this paragraph and TUESDAY, MARCH 27, 2012 3667 knowingly and willfully discloses, distributes, or sells such records or information to an unauthorized recipient or for an unauthorized purpose shall be guilty of a misdemeanor of a high and aggravated nature and upon conviction thereof shall be punished as provided in Code Section 17-10-4. Any person injured thereby shall have a cause of action for invasion of privacy. Any prosecution pursuant to this paragraph shall be in accordance with the procedure in subsection (b) of Code Section 50-18-74. (D) In the event that the custodian of public records protected by this paragraph has good faith reason to believe that a pending request for such records has been made fraudulently, under false pretenses, or by means of false swearing, such custodian shall apply to the superior court of the county in which such records are maintained for a protective order limiting or prohibiting access to such records. (E) This paragraph shall supplement and shall not supplant, overrule, replace, or otherwise modify or supersede any provision of statute, regulation, or law of the federal government or of this state as now or hereafter amended or enacted requiring, restricting, or prohibiting access to the information identified in subparagraph (A) of this paragraph and shall constitute only a regulation of the methods of such access where not otherwise provided for, restricted, or prohibited; (21) Records concerning public employees that reveal the public employee's home address, home telephone number, day and month of birth, social security number, insurance or medical information, mother's birth name, credit card information, debit card information, bank account information, account number, utility account number, password used to access his or her account, financial data or information other than compensation by a government agency, unlisted telephone number if so designated in a public record, and the identity of the public employee's immediate family members or dependents. This paragraph shall not apply to public records that do not specifically identify public employees or their jobs, titles, or offices. For the purposes of this paragraph, the term 'public employee' means any officer, employee, or former employee of: (A) The State of Georgia or its agencies, departments, or commissions; (B) Any county or municipality or its agencies, departments, or commissions; (C) Other political subdivisions of this state; (D) Teachers in public and charter schools and nonpublic schools; or (E) Early care and education programs administered through the Department of Early Care and Learning; (22) Records of the Department of Early Care and Learning that contain the: (A) Names of children and day and month of each child's birth; (B) Names, addresses, telephone numbers, or e-mail addresses of parents, immediate family members, and emergency contact persons; or (C) Names or other identifying information of individuals who report violations to the department; (12)(23) Public records containing information that would disclose or might lead to the disclosure of any component in the process used to execute or adopt an electronic 3668 JOURNAL OF THE SENATE signature, if such disclosure would or might cause the electronic signature to cease being under the sole control of the person using it. For purposes of this paragraph, the term 'electronic signature' has the same meaning as that term is defined in Code Section 10-12-2; (13) Records that would reveal the home address or telephone number, social security number, or insurance or medical information of employees of the Department of Revenue, law enforcement officers, firefighters as defined in Code Section 25-4-2, judges, emergency medical technicians and paramedics, scientists employed by the Division of Forensic Sciences of the Georgia Bureau of Investigation, correctional employees, and prosecutors or identification of immediate family members or dependents thereof; (13.1) Records that reveal the home address, the home telephone number, the e-mail address, or the social security number of or insurance or medical information about public employees or teachers and employees of a public school. For the purposes of this paragraph, the term 'public school' means any school which is conducted within this state and which is under the authority and supervision of a duly elected county or independent board of education. Public disclosure shall also not be required for records that reveal the home address, the home telephone number, the e-mail address, or the social security number of or insurance or medical information about employees or teachers of a nonpublic school; (13.2) Records that are kept by the probate court pertaining to guardianships and conservatorships except as provided in Code Section 29-9-18; (14)(24) Records acquired Acquired by an agency for the purpose of establishing or implementing, or assisting in the establishment or implementation of, a carpooling or ridesharing program, to the extent such records would reveal the name, home address, employment address, home telephone number, employment telephone number, or hours of employment of any individual or would otherwise identify any individual who is participating in, or who has expressed an interest in participating in, any such program. As used in this paragraph, the term 'carpooling or ridesharing program' means and includes including, but is not limited to, the formation of carpools, vanpools, or buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting; (15)(25)(A) Records, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, or public property, which shall be limited to the following: (i) Security plans and vulnerability assessments for any public utility, technology infrastructure, building, facility, function, or activity in effect at the time of the request for disclosure or pertaining to a plan or assessment in effect at such time; (ii) Any plan for protection against terrorist or other attacks, which plan that depends for its effectiveness in whole or in part upon a lack of general public knowledge of its details; TUESDAY, MARCH 27, 2012 3669 (iii) Any document relating to the existence, nature, location, or function of security devices designed to protect against terrorist or other attacks, which devices that depend for their effectiveness in whole or in part upon a lack of general public knowledge; (iv) Any plan, blueprint, or other material which if made public could compromise security against sabotage, criminal, or terroristic acts; and (v) Records of any government sponsored programs concerning training relative to governmental security measures which would identify persons being trained or instructors or would reveal information described in divisions (i) through (iv) of this subparagraph. (B) In the event of litigation challenging nondisclosure pursuant to this paragraph by an agency of a document covered by this paragraph, the court may review the documents in question in camera and may condition, in writing, any disclosure upon such measures as the court may find to be necessary to protect against endangerment of life, safety, or public property. (C) As used in divisions division (i) and (iv) of subparagraph (A) of this paragraph, the term 'activity' means deployment or surveillance strategies, actions mandated by changes in the federal threat level, motorcades, contingency plans, proposed or alternative motorcade routes, executive and dignitary protection, planned responses to criminal or terrorist actions, after-action reports still in use, proposed or actual plans and responses to bioterrorism, and proposed or actual plans and responses to requesting and receiving the National Pharmacy Stockpile; (16)(26) Unless the request is made by the accused in a criminal case or by his or her attorney, public records of an emergency 9-1-1 system, as defined in paragraph (3) of Code Section 46-5-122, containing information which would reveal the name, address, or telephone number of a person placing a call to a public safety answering point, which. Such information may be redacted from such records if necessary to prevent the disclosure of the identity of a confidential source, to prevent disclosure of material which would endanger the life or physical safety of any person or persons, or to prevent the disclosure of the existence of a confidential surveillance or investigation; (17)(27) Records of athletic or recreational programs, available through the state or a political subdivision of the state, that include information identifying a child or children 12 years of age or under by name, address, telephone number, or emergency contact, unless such identifying information has been redacted; (18)(28) Records of the State Road and Tollway Authority which would reveal the financial accounts or travel history of any individual who is a motorist upon such any toll project. Such financial records shall include but not be limited to social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the user's name; (19)(29) Records maintained by public postsecondary educational institutions in this state and associated foundations of such institutions that contain personal information concerning donors or potential donors to such institutions or foundations; provided, 3670 JOURNAL OF THE SENATE however, that the name of any donor and the amount of donation made by such donor shall be subject to disclosure if such donor or any entity in which such donor has a substantial interest transacts business with the public postsecondary educational institution to which the donation is made within three years of the date of such donation. As used in this paragraph, the term 'transact business' means to sell or lease any personal property, real property, or services on behalf of oneself or on behalf of any third party as an agent, broker, dealer, or representative in an amount in excess of $10,000.00 in the aggregate in a calendar year; and the term 'substantial interest' means the direct or indirect ownership of more than 25 percent of the assets or stock of an entity; (20)(30) Records of the Metropolitan Atlanta Rapid Transit Authority or of any other transit system that is connected to that system's TransCard, or SmartCard, or successor or similar system which would reveal the financial records or travel history of any individual who is a purchaser of a TransCard, or SmartCard, or successor or similar fare medium. Such financial records shall include, but not be limited to, social security number, home address, home telephone number, e-mail address, credit or debit card information, and bank account information but shall not include the user's name; (21)(31) Building mapping information produced and maintained pursuant to Article 10 of Chapter 3 of Title 38; (22)(32) Notwithstanding the provisions of paragraph (4) of this subsection, any physical evidence or investigatory materials that are evidence of an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16, which and are in the possession, custody, or control of law enforcement, prosecution, or regulatory agencies; or (23)(33) Records that are expressly exempt from public inspection pursuant to Code Sections 47-1-14 and 47-7-127.; (34) Any trade secrets obtained from a person or business entity that are required by law, regulation, bid, or request for proposal to be submitted to an agency. An entity submitting records containing trade secrets that wishes to keep such records confidential under this paragraph shall submit and attach to the records an affidavit affirmatively declaring that specific information in the records constitute trade secrets pursuant to Article 27 of Chapter 1 of Title 10. If such entity attaches such an affidavit, before producing such records in response to a request under this article, the agency shall notify the entity of its intention to produce such records as set forth in this paragraph. If the agency makes a determination that the specifically identified information does not in fact constitute a trade secret, it shall notify the entity submitting the affidavit of its intent to disclose the information within ten days unless prohibited from doing so by an appropriate court order. In the event the entity wishes to prevent disclosure of the requested records, the entity may file an action in superior court to obtain an order that the requested records are trade secrets exempt from disclosure. The entity filing such action shall serve the requestor with a copy of its court filing. If the agency makes a determination that the specifically identified information does constitute a trade secret, the agency shall withhold the records, and TUESDAY, MARCH 27, 2012 3671 the requester may file an action in superior court to obtain an order that the requested records are not trade secrets and are subject to disclosure; (b) This article shall not be applicable to: (1)(35) Data Any trade secrets obtained from a person or business entity which are of a privileged or confidential nature and required by law to be submitted to a government agency or to data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher learning, or other governmental agencies, in the conduct of, or as a result of, study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where such data, records, or information has not been publicly released, published, copyrighted, or patented; (2)(36) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of an institution of higher education or any public or private entity supporting or participating in the activities of an institution of higher education in the conduct of, or as a result of, study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity, until such information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This subsection applies paragraph shall apply to, but is shall not be limited to, information provided by participants in research, research notes and data, discoveries, research projects, methodologies, protocols, and creative works; or (37) Any record that would not be subject to disclosure, or the disclosure of which would jeopardize the receipt of federal funds, under 20 U.S.C. Section 1232g or its implementing regulations; (3)(38) Unless otherwise provided by law, contract, bid, or proposal, records consisting of questions, scoring keys, and other materials, constituting a test that derives value from being unknown to the test taker prior to administration, which is to be administered by an agency, including, but not limited to, any public school, any unit of the Board of Regents of the University System of Georgia, any public technical school, the State Board of Education, the Office of Student Achievement, the Professional Standards Commission, or a local school system, if reasonable measures are taken by the owner of the test to protect security and confidentiality; provided, however, that the State Board of Education may establish procedures whereby a person may view, but not copy, such records if viewing will not, in the judgment of the board, affect the result of administration of such test. These limitations shall not be interpreted by any court of law to include or otherwise exempt from inspection the records of any athletic association or other nonprofit entity promoting intercollegiate athletics.; (c)(1) All public records of hospital authorities shall be subject to this article except for those otherwise excepted by this article or any other provision of law. (2)(39) Records disclosing All state officers and employees shall have a privilege to 3672 JOURNAL OF THE SENATE 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 Public 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.; (d)(40) Any 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, 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, except to the extent that such records relating to licensing and possession of firearms are sought by law enforcement agencies as provided by law.; (e) This article shall not be construed to repeal: (1)(41) Records containing communications subject to the The attorney-client privilege recognized by state law to the extent that a record pertains to the requesting or giving of legal advice or the disclosure of facts concerning or pertaining to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; provided, however, attorney-client information; provided, however, that this paragraph shall not apply to the factual findings, but shall apply to the legal conclusions, of an attorney conducting an investigation on behalf of an agency so long as such investigation does not pertain to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; and provided, further, that such investigations conducted by hospital authorities to ensure compliance with federal or state law, regulations, or reimbursement policies shall be exempt from disclosure if such investigations are otherwise subject to the attorney-client privilege. Attorneyclient communications, however, may be obtained in a proceeding under Code Section 50-18-73 to prove justification or lack thereof in refusing disclosure of documents under this Code section provided the judge of the court in which said such proceeding is pending shall first determine by an in camera examination that such disclosure would be relevant on that issue. In addition, when an agency withholds information subject to this paragraph, any party authorized to bring a proceeding under Code Section 50-18-73 may request that the judge of the court in which such proceeding is pending determine by an in camera examination whether such information was properly withheld; (2)(42) Confidential The confidentiality of attorney work product; provided, TUESDAY, MARCH 27, 2012 3673 however, that this paragraph shall not apply to the factual findings, but shall apply to the legal conclusions, of an attorney conducting an investigation on behalf of an agency so long as such investigation does not pertain to pending or potential litigation, settlement, claims, administrative proceedings, or other judicial actions brought or to be brought by or against the agency or any officer or employee; and provided, further, that such investigations conducted by hospital authorities to ensure compliance with federal or state law, regulations, or reimbursement policies shall be exempt from disclosure if such investigations are otherwise subject to confidentiality as attorney work product. In addition, when an agency withholds information subject to this paragraph, any party authorized to bring a proceeding under Code Section 5018-73 may request that the judge of the court in which such proceeding is pending determine by an in camera examination whether such information was properly withheld; or (3)(43) Records containing State laws making certain tax matters or tax information that is confidential. under state or federal law; (f)(1) As used in this article, the term: (A) 'Computer program' means a set of instructions, statements, or related data that, in actual or modified form, is capable of causing a computer or computer system to perform specified functions. (B) 'Computer software' means one or more computer programs, existing in any form, or any associated operational procedures, manuals, or other documentation. (2)(44) Records consisting of This article shall not be applicable to any computer program or computer software used or maintained in the course of operation of a public office or agency; provided, however, that data generated, kept, or received by an agency shall be subject to inspection and copying as provided in this article; (45) Records pertaining to the rating plans, rating systems, underwriting rules, surveys, inspections, statistical plans, or similar proprietary information used to provide or administer liability insurance or self-insurance coverage to any agency; (46) Documents maintained by the Department of Economic Development pertaining to an economic development project until the economic development project is secured by binding commitment, provided that any such documents shall be disclosed upon proper request after a binding commitment has been secured or the project has been terminated. No later than five business days after the Department of Economic Development secures a binding commitment and the department has committed the use of state funds from the OneGeorgia Authority or funds from Regional Economic Business Assistance for the project pursuant to Code Section 50-8-8, or other provisions of law, the Department of Economic Development shall give notice that a binding commitment has been reached by posting on its website notice of the project in conjunction with a copy of the Department of Economic Development's records documenting the bidding commitment made in connection with the project and the negotiation relating thereto and by publishing notice of the project and participating parties in the legal organ of each county in which the economic development project is to be located. As used in this paragraph, the term 'economic development project' 3674 JOURNAL OF THE SENATE means a plan or proposal to locate a business, or to expand a business, that would involve an expenditure of more than $25 million by the business or the hiring of more than 50 employees by the business; or (47) Records related to a training program operated under the authority of Article 3 of Chapter 4 of Title 20 disclosing an economic development project prior to a binding commitment having been secured, relating to job applicants, or identifying proprietary hiring practices, training, skills, or other business methods and practices of a private entity. As used in this paragraph, the term 'economic development project' means a plan or proposal to locate a business, or to expand a business, that would involve an expenditure of more than $25 million by the business or the hiring of more than 50 employees by the business. (g)(b) This Code section shall be interpreted narrowly so as to exclude from disclosure only that portion of a public record to which an exclusion is directly applicable. It shall be the duty of the agency having custody of a record to provide all other portions of a record for public inspection or copying. (h) Within the three business days applicable to response to a request for access to records under this article, the public officer or agency having control of such record or records, if access to such record or records is denied in whole or in part, shall specify in writing the specific legal authority exempting such record or records from disclosure, by Code section, subsection, and paragraph. No addition to or amendment of such designation shall be permitted thereafter or in any proceeding to enforce the terms of this article; provided, however, that such designation may be amended or supplemented one time within five days of discovery of an error in such designation or within five days of the institution of an action to enforce this article, whichever is sooner; provided, further, that the right to amend or supplement based upon discovery of an error may be exercised on only one occasion. In the event that such designation includes provisions not relevant to the subject matter of the request, costs and reasonable attorney's fees may be awarded pursuant to Code Section 50-18-73. (c)(1) Notwithstanding any other provision of this article, an exhibit tendered to the court as evidence in a criminal or civil trial shall not be open to public inspection without approval of the judge assigned to the case. (2) Except as provided in subsection (d) of this Code section, in the event inspection is not approved by the court, in lieu of inspection of such an exhibit, the custodian of such an exhibit shall, upon request, provide one or more of the following: (A) A photograph; (B) A photocopy; (C) A facsimile; or (D) Another reproduction. (3) The provisions of this article regarding fees for production of a record, including, but not limited to, subsections (c) and (d) of Code Section 50-18-71, shall apply to exhibits produced according to this subsection. (d) Any physical evidence that is used as an exhibit in a criminal or civil trial to show or support an alleged violation of Part 2 of Article 3 of Chapter 12 of Title 16 shall not TUESDAY, MARCH 27, 2012 3675 be open to public inspection except by court order. If the judge approves inspection of such physical evidence, the judge shall designate, in writing, the facility owned or operated by an agency of the state or local government where such physical evidence may be inspected. If the judge permits inspection, such property or material shall not be photographed, copied, or reproduced by any means. Any person who violates the provisions of this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years, a fine of not more than $100,000.00, or both. 50-18-73. (a) The superior courts of this state shall have jurisdiction in law and in equity to entertain actions against persons or agencies having custody of records open to the public under this article to enforce compliance with the provisions of this article. Such actions may be brought by any person, firm, corporation, or other entity. In addition, the Attorney General shall have authority to bring such actions, either civil or criminal, in his or her discretion as may be appropriate to enforce compliance with this article and to seek either civil or criminal penalties or both. (b) In any action brought to enforce the provisions of this chapter in which the court determines that either party acted without substantial justification either in not complying with this chapter or in instituting the litigation, the court shall, unless it finds that special circumstances exist, assess in favor of the complaining party reasonable attorney's fees and other litigation costs reasonably incurred. Whether the position of the complaining party was substantially justified shall be determined on the basis of the record as a whole which is made in the proceeding for which fees and other expenses are sought. (c) Any agency or person who provides access to information in good faith reliance on the requirements of this chapter shall not be liable in any action on account of having provided access to such information such decision. 50-18-74. (a) Any person or entity knowingly and willfully violating the provisions of this article by failing or refusing to provide access to records not subject to exemption from this article, or by knowingly and willingly failing or refusing to provide access to such records within the time limits set forth in this article, or by knowingly and willingly frustrating or attempting to frustrate the access to records by intentionally making records difficult to obtain or review shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not to exceed $1,000.00 for the first violation. Alternatively, a civil penalty may be imposed by the court in any civil action brought pursuant to this article against any person who negligently violates the terms of this article in an amount not to exceed $100.00 $1,000.00 for the first violation. A civil penalty or criminal fine not to exceed $2,500.00 per violation may be imposed for each additional violation that the violator commits within a 12 month period from the date the first penalty or fine was imposed. It shall be a defense to any criminal action under 3676 JOURNAL OF THE SENATE this Code section that a person has acted in good faith in his or her actions. In addition, persons or entities that destroy records for the purpose of preventing their disclosure under this article may be subject to prosecution under Code Section 45-11-1. (b) A prosecution under this Code section may only be commenced by issuance of a citation in the same manner as an arrest warrant for a peace officer pursuant to Code Section 17-4-40, which; such citation shall be personally served upon the accused. The defendant shall not be arrested prior to the time of trial, except that a defendant who fails to appear for arraignment or trial may thereafter be arrested pursuant to a bench warrant and required to post a bond for his or her future appearance. 50-18-75. Communications between the Office of Legislative Counsel and the following persons shall be privileged and confidential: members of the General Assembly, the Lieutenant Governor, and persons acting on behalf of such public officers; and such communications, and records and work product relating to such communications, shall not be subject to inspection or disclosure under this article or any other law or under judicial process; provided, however, that this privilege shall not apply where it is waived by the affected public officer or officers. The privilege established under this Code section is in addition to any other constitutional, statutory, or common law privilege. 50-18-76. No form, document, or other written matter which is required by law or rule or regulation to be filed as a vital record under the provisions of Chapter 10 of Title 31, which contains information which is exempt from disclosure under Code Section 3110-25, and which is temporarily kept or maintained in any file or with any other documents in the office of the judge or clerk of any court prior to filing with the Department of Public Health shall be open to inspection by the general public, even though the other papers or documents in such file may be open to inspection. 50-18-77. The procedures and fees provided for in this article shall not apply to public records, including records that are exempt from disclosure pursuant to Code Section 50-18-72, which are requested in writing by a state or federal grand jury, taxing authority, law enforcement agency, or prosecuting attorney in conjunction with an ongoing administrative, criminal, or tax investigation. The lawful custodian shall provide copies of such records to the requesting agency unless such records are privileged or disclosure to such agencies is specifically restricted by law." SECTION 3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (c) of Code Section 15-12-11, relating to appointment of court personnel in certain counties, juror questionnaires, and construction with other laws, as TUESDAY, MARCH 27, 2012 3677 follows: "(c) Juror questionnaires shall be confidential and shall be exempt from public disclosure pursuant to Code Section 50-18-70 Article 4 of Chapter 18 of Title 50; provided, however, that jury questionnaires shall be provided to the court and to the parties at any stage of the proceedings, including pretrial, trial, appellate, or postconviction proceedings, and shall be made a part of the record under seal. The information disclosed to a party pursuant to this subsection shall only be used by the parties for purposes of pursuing a claim, defense, or other issue in the case." SECTION 4. Said title is further amended by revising paragraph (10) of subsection (a) of Code Section 15-16-10 of the Official Code of Georgia Annotated, relating to duties of sheriffs, as follows: "(10) To develop and implement a comprehensive plan for the security of the county courthouse and any courthouse annex. Prior to the implementation of any security plan, the plan shall be submitted to the chief judge of the superior court of the circuit wherein the courthouse or courthouse annex is located for review. The chief judge shall have 30 days to review the original or any subsequent security plan. The chief judge may make modifications to the original or any subsequent security plan. The sheriff shall provide to the county governing authority the estimated cost of any security plan and a schedule for implementation 30 days prior to adoption of any security plan. A comprehensive plan for courthouse security shall be considered a confidential matter of public security. Review of a proposed security plan by the governing authority shall be excluded from the requirements of Code Section 50-14-1 and any such review shall take place as provided in Code Section 50-14-3. Such security plan shall also be excluded from public disclosure pursuant to paragraph (15) (25) of subsection (a) of Code Section 50-18-72. The sheriff shall be the official custodian of the comprehensive courthouse security plan and shall determine who has access to such plan and any such access and review shall occur in the sheriff's office or at a meeting of the county governing authority held as provided in paragraph (9) (4) of subsection (b) of Code Section 50-14-3; provided, however, that the sheriff shall make the original security plan available upon request for temporary, exclusive review by any judge whose courtroom or chambers is located within the courthouse or courthouse annex or by any commissioner of the county in which the courthouse or courthouse annex is located. The sheriff shall be responsible to conduct a formal review of the security plan not less than every four years." SECTION 5. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by revising paragraph (2) of subsection (a) of Code Section 20-2-55, relating to per diem, insurance, and expenses of local board members, as follows: "(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 3678 JOURNAL OF THE SENATE per diem of $50.00 for each day of attendance at a meeting, as defined in paragraph (2) (3) 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) (3) 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." SECTION 6. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by revising subsection (b) of Code Section 31-7-402, relating to content and form of notice to Attorney General, retention of experts, and payment of costs and expenses, as follows: "(b) The Attorney General may prescribe a form of notice to be utilized by the seller or lessor and the acquiring entity and may require information in addition to that specified in this article if the disclosure of such information is determined by the Attorney General to be in the public interest. The notice to the Attorney General required by this article and all documents related thereto shall be considered public records pursuant to Code Section 50-18-70 Article 4 of Chapter 18 of Title 50." SECTION 7. Said title is further amended by revising subsection (a) of Code Section 31-7-405, relating to public hearing, expert or consultant required to testify, testimony, and representative of acquiring entity to testify, as follows: "(a) Within 60 days after receipt of the notice under this article, the Attorney General shall conduct a public hearing regarding the proposed transaction in the county in which the main campus of the hospital is located. At such hearing, the Attorney General shall provide an opportunity for those persons in favor of the transaction, those persons opposed to the transaction, and other interested persons to be heard. The Attorney General shall also receive written comments regarding the transaction from any interested person, and such written comments shall be considered public records pursuant to Code Section 50-18-70 Article 4 of Chapter 18 of Title 50." SECTION 8. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (c) of Code Section 33-2-8.1, relating to purpose of Code section, preparation by Commissioner of supplemental report on property and casualty insurance, TUESDAY, MARCH 27, 2012 3679 contents of report, and request for information, as follows: "(c) The Commissioner shall investigate every licensed property and casualty insurer that is designated by the National Association of Insurance Commissioners as needing immediate or targeted regulatory attention and shall include in his report the number of such insurers which his investigation confirms are in need of immediate or targeted regulatory attention and the names of such insurers which are in formal rehabilitation, liquidation, or conservatorship. The Commissioner shall obtain from the National Association of Insurance Commissioners the necessary information to implement this subsection and, notwithstanding the provisions of Code Section 50-18-70 Article 4 of Chapter 18 of Title 50, shall withhold from public inspection any such information received from the National Association of Insurance Commissioners under an expectation of confidentiality." SECTION 9. Title 36 of the Official Code of Georgia Annotated, relating to local government, is amended by revising subsection (d) of Code Section 36-76-6, relating to franchise fees, as follows: "(d) The statements made pursuant to subsection (b) of this Code section and any records or information furnished or disclosed by a cable service provider or video service provider to an affected local governing authority pursuant to subsection (c) of this Code section shall be exempt from public inspection under Code Section 50-18-70 Article 4 of Chapter 18 of Title 50." SECTION 10. Code Section 38-3-152 of the Official Code of Georgia Annotated, relating to creation and operation of building mapping information system, availability to government agencies, rules and regulations, federal funding sources, exemption of information from public disclosure, recommendations for training guidelines, and limitations, is amended by revising subsection (f) as follows: "(f) Information provided to the agency under this article shall be exempt from public disclosure to the extent provided in paragraph (21) (31) of subsection (a) of Code Section 50-18-72." SECTION 11 Code Section 40-5-2 of the Official Code of Georgia Annotated, relating to keeping of records of applications for licenses and information on licensees and furnishing of information, is amended by revising subsection (b) as follows: "(b) The records maintained by the department on individual drivers are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that initial arrest reports, incident reports, and the records pertaining to investigations or prosecutions of criminal or unlawful activity shall be subject to disclosure pursuant to paragraph (4) of subsection (a) of Code Section 50-18-72 and related provisions. Georgia Uniform Motor Vehicle Accident Reports shall be subject 3680 JOURNAL OF THE SENATE to disclosure pursuant to paragraph (4.1) (5) of subsection (a) of Code Section 50-1872. The department shall not make records or personal information available on any driver except as otherwise provided in this Code section or as otherwise specifically required by 18 U.S.C. Section 2721." SECTION 12. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising paragraph (4) of Code Section 43-34-7, relating to maintenance of roster by Georgia Composite Medical Board and confidentiality, as follows: "(4) The deliberations of the board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in official board minutes; provided, however, that such deliberations may be released only to another state or federal enforcement agency or lawful licensing authority. Releasing the documents pursuant to this paragraph shall not subject any otherwise privileged documents to the provisions of Code Section 50-18-70 Article 4 of Chapter 18 of Title 50." SECTION 13. Code Section 45-6-6 of the Official Code of Georgia Annotated, relating to office property kept by officers subject to inspection by citizens, is amended by revising such Code section as follows: "45-6-6. All books, papers, and other office property kept by any public officer under the laws of this state shall be subject to the inspection of all the citizens of this state within office hours every day except Sundays and holidays may be copied or inspected subject to the requirements of Article 4 of Chapter 18 of Title 50." SECTION 14. Title 46 of the Official Code of Georgia Annotated, relating to public utilities, is amended by revising paragraph (13) of subsection (b) of Code Section 46-5-1, relating to exercise of power of eminent domain by telephone and telegraph companies; placement of posts and other fixtures; regulation of construction of fixtures, posts, and wires near railroad tracks; liability of telegraph and telephone companies for damages; required information; and due compensation, as follows: "(13) The information provided pursuant to paragraph (1) of this subsection and any records or information furnished or disclosed by a telegraph or telephone company to an affected municipal authority pursuant to paragraph (12) of this subsection shall be exempt from public inspection under Code Section 50-18-70 Article 4 of Chapter 18 of Title 50. It shall be the duty of such telegraph or telephone company to mark all such documents as exempt from Code Section 50-18-70, et seq. Article 4 of Chapter 18 of Title 50, and the telegraph or telephone company shall defend, indemnify, and hold harmless any municipal authority and any municipal officer or employee in any request for, or in any action seeking, access to such records." TUESDAY, MARCH 27, 2012 3681 SECTION 15. Title 50 of the Official Code of Georgia Annotated, relating to state government, is amended by revising subsection (b) of Code Section 50-1-5, relating to meetings by teleconference or other similar means, as follows: "(b) Nothing in this Code section shall eliminate any otherwise applicable requirement for giving notice of any meeting. Likewise, nothing in this Code section shall create a requirement for giving notice of any meeting where it does not otherwise exist. The notice shall list each location where any member of the board, body, or committee plans to participate in the meeting if the meeting is otherwise open to the public; provided, however, it shall not be grounds to contest any actions of the board, body, or committee as provided in Code Section 50-14-1 if a member participates from a location other than the location listed in the notice. At a minimum, the notice shall list one specific location where the public can participate in the meeting if the meeting is otherwise open to the public. The notice shall further conform with the notice provisions of 'due notice' as provided in Code Section 50-14-1. Any meeting which is otherwise required by law to be open to the public shall be open to the public at each location listed in the notice or where any member of the board, body, or committee participates in the meeting." SECTION 16. Said title is further amended by revising subsection (c) of Code Section 50-17-22, relating to the State Financing and Investment Commission, as follows: "(c) Meetings. The commission shall hold regular meetings as it deems necessary, but, in any event, not less than one meeting shall be held in each calendar quarter. The commission shall meet at the call of the chairperson, vice chairperson, or secretary and treasurer or a majority of the members of the commission. Meetings of the commission shall be subject to Chapter 14 of this title, and its records shall be subject to Code Sections 50-18-70 and 50-18-71 Article 4 of Chapter 18 of Title 50. The commission shall approve the issuance of public debt, as hereinafter provided, adopt and amend bylaws, and establish salaries and wages of employees of the commission only upon the affirmative vote of a majority of its members; all other actions of the commission may be taken upon the affirmative vote of a majority of a quorum present. A quorum shall consist of a majority of the members of the commission. If any vote is less than unanimous, the vote shall be recorded in the minutes of the commission." SECTION 17. Said title is further amended by revising subsection (a) of Code Section 50-29-2, relating to authority of public agencies that maintain geographic information systems to contract for the provision of services, fees, and contract provisions, as follows: "(a) Notwithstanding subsection (f) of Code Section 50-18-71 or Code Section 50-1871.2 the provisions of Article 4 of Chapter 18 of Title 50, a county or municipality of the State of Georgia, a regional commission, or a local authority created by local or general law that has created or maintains a geographic information system in electronic form may contract to distribute, sell, provide access to, or otherwise market records or 3682 JOURNAL OF THE SENATE information maintained in such system and may license or establish fees for providing such records or information or providing access to such system." SECTION 18. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and the provisions of paragraph (47) of subsection (a) of Code Section 50-18-72 as enacted by this Act shall apply to any request for public records made prior to the effective date of this Act. Agencies shall be permitted to assert the provisions of paragraph (47) of subsection (a) of Code Section 50-18-72 as enacted by this Act as a basis for withholding documents covered by that paragraph in any pending or subsequently filed litigation regarding a request that occurred prior to the effective date of this Act. SECTION 19. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance E Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams TUESDAY, MARCH 27, 2012 3683 On the passage of the bill, the yeas were 46, nays 0. HB 397, having received the requisite constitutional majority, was passed by substitute. HB 456. By Representatives Byrd of the 20th, Hill of the 21st, Braddock of the 19th, Jerguson of the 22nd, Sheldon of the 105th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. The Senate Appropriations Committee offered the following substitute to HB 456: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; 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 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: 3684 JOURNAL OF THE SENATE "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 their responsiveness to the needs of the citizens of this state. 50-4-21. (a) There is created as a joint committee of the General Assembly the Legislative Sunset Advisory Committee to be composed of seven members of the House of Representatives appointed by the Speaker of the House and seven members of the Senate appointed by the President of the Senate. One of the appointees appointed by the Speaker of the House shall be a Governor's floor leader in the House of Representatives and one of the members appointed by the President of the Senate shall be a Governor's floor leader in the Senate. At least one of the appointees appointed by the Speaker of the House and at least one of the appointees appointed by the President of the Senate shall be a member of the minority party. The members of the committee shall serve two-year terms concurrent with their terms as members of the General Assembly. A cochairperson of the committee shall be appointed by the President of the Senate from the membership of the committee, and a cochairperson of the committee shall be appointed by the Speaker of the House from the membership of the committee. The cochairpersons shall serve terms of two years concurrent with their terms as members of the General Assembly. The cochairpersons shall each be authorized to appoint no more than two ex officio members of the committee. Vacancies in an appointed member's position or in the offices of cochairperson of the committee shall be filled for the unexpired term in the same manner as the original appointment. The committee shall advise the General Assembly regarding the agency sunset provisions required by this article. (b) The Senate and the House of Representatives, in cooperation with the office of the Governor, may each employ staff to work for the cochairpersons of the committee on matters related to committee activities. (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 or office shall assist the committee. The committee or its designated staff member may inspect, review, and copy the records, documents, and files of any state agency that are subject to public disclosure. All information subject to public disclosure shall be made available for review and copying within three business days. 50-4-22. (a)(1) The Legislative Sunset Advisory Committee shall review all state agencies, TUESDAY, MARCH 27, 2012 3685 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 state agencies. It shall be the responsibility of the Legislative Sunset Advisory Committee to schedule agency reviews. The Legislative Sunset Advisory Committee shall have the discretion to add any agency to the review schedule or to modify an agency's scheduled review. (2) This article shall not apply to any state entity to which state funds are not appropriated in an appropriations Act. (b) Except as provided by this Code section, an agency subject to review by the Legislative Sunset Advisory Committee shall be automatically abolished on the oneyear anniversary of the committee's decision recommending that such agency be abolished; provided, however, that no agency shall be abolished unless or until the General Assembly finds by adoption of a joint resolution that the state laws that 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, real property, debts, and obligations, including those relating to bonds, loans, promissory notes, leasepurchase 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) If the General Assembly does not take action to continue an agency before the date of its abolishment, the agency shall submit its legislative budget request consistent with the recommendations of the review of the Legislative Sunset Advisory Committee or any law transferring the agency's functions to other entities. (d) Any agency established by constitutional provision shall not be subject to automatic abolishment as provided in subsection (a) of this Code section. The committee shall review the constitutionally established agency in the same manner and shall report to the General Assembly any recommended constitutional amendments needed for the reorganizing or abolishing of such constitutionally created agency. (e) Any board, commission, advisory council, or similar body included in the term 'agency' as defined in Code Section 50-4-1 that 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. The committee shall give public notice of any proposed legislation not later than the first day of December of the year preceding its introduction. (f) Except as otherwise expressly provided by law, abolition 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 abolition. 3686 JOURNAL OF THE SENATE 50-4-23. (a) Not later than six months prior to the date on which a state agency is scheduled to be reviewed, the agency shall provide the Legislative Sunset Advisory 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 appropriated to and 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 or activity is 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 eliminated, reorganized, privatized, or 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 that would reduce costs or improve performance while adequately protecting the public interest; (11) An assessment of the agency and its programs to determine whether the agency or its programs should be eliminated, reorganized, privatized, or consolidated; (12) A detailed summary of the agency's hiring and retention patterns for the previous five years; (13) 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; (14) A list of all advisory committees and boards of the agency, 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 TUESDAY, MARCH 27, 2012 3687 rationale for continuing or eliminating each advisory committee or board; (15) A list of agency programs or functions that are performed without specific statutory authority; (16) Copies of any program audits, performance audits, and any other reports provided by the state auditor; (17) A list and summary of all litigation in which the agency is engaged and the status of such cases, including assessments of any financial liability to which they expose the state; and (18) 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) Not later than six months following receipt of the agency's report required by Code Section 50-4-23, the Legislative Sunset Advisory Committee shall complete its review of the agency. When conducting its agency review the committee shall: (1) Review the information submitted by the agency; (2) Consult with or hear testimony from any individual, agency, private company, or other expert as needed; (3) Hold public hearings to consider this information as well as testimony that the committee deems necessary; and (4) Present to the President of the Senate, the Speaker of the House of Representatives, and the Governor a report on the agencies scheduled to be reviewed that year by the committee. In the report, the committee shall include its specific findings and recommendations regarding each agency review and indicate whether a public need exists for the continuation of a state agency or for the functions of the 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 programs administered by the agency can be consolidated with the programs of other agencies; 3688 JOURNAL OF THE SENATE (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 extent to which the agency is reasonably deemed to be a core or essential function of state government under the provisions of the Constitution of Georgia; (11) The effect of probable federal intervention or loss of federal funds if the agency or an agency function is abolished; and (12) 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 on an agency, 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 shall also make recommendations on the elimination, privatization, 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." 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 Albers Y Balfour Y Bethel Y Bulloch Y Hamrick E Harbison Y Heath Y Henson N Orrock Y Paris E Ramsey E Rogers TUESDAY, MARCH 27, 2012 3689 Y Butler Y Carter, B Y Carter, J Y Chance E Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Miller E Mullis Y Murphy Y Seay Y Shafer Y Sims Y Staton Y Stone N Stoner E Tate N Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 38, nays 6. HB 456, having received the requisite constitutional majority, was passed by substitute. HB 463. By Representatives Dollar of the 45th, Black of the 174th, Harbin of the 118th, Rogers of the 26th, Roberts of the 154th and others: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to limited licenses, so as to provide for the sale of individual insurance coverage by limited licensees on personal property stored in self-service storage facilities; to provide for definitions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer 3690 JOURNAL OF THE SENATE Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch E Grant Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 45, nays 3. HB 463, having received the requisite constitutional majority, was passed. Senator Hooks of the 14th assumed the Chair. HB 534. By Representatives Fullerton of the 151st, Willard of the 49th, Oliver of the 83rd, Powell of the 171st, Dukes of the 150th and others: A BILL to be entitled an Act to amend Code Section 15-9-4 of the Official Code of Georgia Annotated, relating to additional eligibility requirements in certain counties, so as to modify the eligibility requirements; to amend Code Section 15-9-36 of the Official Code of Georgia Annotated, relating to judges of probate courts as clerks thereof, chief clerk, authority to appoint other clerks, powers of appointed clerks, so as to modify provisions relating to the application of the Code section; to amend Code Section 15-9-120 of the Official Code of Georgia Annotated, relating to definitions for probate courts, so as to modify provisions relating to the definition of probate court; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Crosby of the 13th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: TUESDAY, MARCH 27, 2012 3691 Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick E Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Thompson, S Tippins Y Tolleson Y Unterman N Wilkinson Williams On the passage of the bill, the yeas were 41, nays 4. HB 534, having received the requisite constitutional majority, was passed. Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 634. By Representatives Sheldon of the 105th, Rice of the 51st, Coleman of the 97th, Harrell of the 106th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to installment payment of ad valorem taxes, so as to change the provisions relative to population brackets and the census regarding interest on unpaid ad valorem taxes in each county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, so that such provisions remain applicable to such counties; 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 634: 3692 JOURNAL OF THE SENATE 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 relating to population brackets and census application; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to ad valorem taxation of property, is amended by revising subsection (b), the introductory language preceding subparagraph (A) in paragraph (1) of subsection (c), and subsection (e) of Code Section 48-5-24, relating to the payment of taxes to county in which returns are made and penalty on delinquent tax payments in certain counties, as follows: "(b) In all counties having a population of not less than 625,000 690,000 nor more than 700,000 800,000 according to the United States decennial census of 2000 2010 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year." "(c)(1) All ad valorem taxes, fees, service charges, and assessments owed by any taxpayer to any county in this state having a population of 800,000 900,000 or more according to the United States decennial census of 2000 2010 or any future such census or to any municipality lying wholly or partially within such county and having a population of 350,000 or more according to the United States decennial census of 1970 or any future such census, which are not paid when due shall bear interest at the following rates until paid:" "(e) In all counties having a population of not less than 595,000 680,000 nor more than TUESDAY, MARCH 27, 2012 3693 660,000 690,000 according to the United States decennial census of 2000 2010 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection 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." SECTION 2. Said chapter is further amended by revising subparagraph (L) of paragraph (3) of Code Section 48-5-40, relating to definitions, as follows: "(L) In all counties having a population of not less than 19,200 23,500 nor more than 19,750 23,675, according to the United States decennial census of 2000 2010 or any future such census, where the person who is the applicant holds real property subject to a written lease; the applicant has held the property subject to such a lease for not less than three years prior to the year for which application is made; and the applicant is the owner of all improvements located on the real property;" SECTION 3. This Act shall become effective July 1, 2012. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims 3694 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Staton Y Stone E Stoner E Tate Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 46, nays 0. HB 634, having received the requisite constitutional majority, was passed by substitute. Senator Loudermilk of the 52nd was excused for business outside the Senate Chamber. HB 665. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of the O.C.G.A., relating to civil practice, courts, property, state printing and documents, and storage of documents, respectively, so as to modernize provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices; to amend Code Section 1-3-1, Code Section 9-13-142, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, requirements for an official organ of publication, courts, and penal institutions, respectively, so as to conform provisions and correct crossreferences; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Judiciary Committee offered the following substitute to HB 665: A BILL TO BE ENTITLED AN ACT To amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of the Official Code of Georgia Annotated, relating to civil practice, courts, property, state printing and documents, and storage of documents, respectively, so as to modernize TUESDAY, MARCH 27, 2012 3695 provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices; to provide for modern technological advances in electronic record keeping; to provide for storage of depositions; to allow superior court clerks to serve as clerks in other courts; to change provisions relating to the selection of the clerk of court when a vacancy occurs; to increase the bond required by the clerk of court; to change provisions relating to the clerk's duties; to change provisions relating to recordation and display of maps and plats; to change provisions relating to destruction of obsolete records and preservation of newspapers with legal advertisements; to change provisions relating to payment of costs; to remove provisions relating to punishment of clerks; to change provisions relating to the process for removal of clerks; to change provisions relating to the location of clerk's offices and office hours; to remove the fee system; to change provisions relating to cases transferred from magistrate to state or superior courts; to repeal provisions relating to disposition of books; to change provisions relating to recording property records; to change provisions relating to the release of a lien upon the filing of a bond; to change provisions relating to inspection of records; to change provisions relating to microform standards; to amend Code Section 1-3-1, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, courts, and penal institutions, respectively, so as to conform provisions and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 9 of the Official Code of Georgia Annotated, relating to civil practice, is amended by revising Code Section 9-11-29.1, relating to when depositions and other discovery material must be filed with court and custodian until filing, as follows: "9-11-29.1. (a) Depositions and other discovery material otherwise required to be filed with the court under this chapter shall not be required to be so filed unless: (1) Required by local rule of court; (2) Ordered by the court; (3) Requested by any party to the action; (4) Relief relating to discovery material is sought under this chapter and said material has not previously been filed under some other provision of this chapter, in which event copies of the material in dispute shall be filed by the movant contemporaneously with the motion for relief; or (5) Such material is to be used at trial or is necessary to a pretrial or posttrial motion and said material has not previously been filed under some other provision of this chapter, in which event the portions to be used shall be filed with the clerk of the court at the outset of the trial or at the filing of the motion, insofar as their use can be 3696 JOURNAL OF THE SENATE reasonably anticipated by the parties having custody thereof, but a party attempting to file and use such material which was not filed with the clerk at the outset of the trial or at the filing of the motion shall show to the satisfaction of the court, before the court may authorize such filing and use, that sufficient reasons exist to justify that late filing and use and that the late filing and use will not constitute surprise or manifest injustice to any other party in the proceedings. (b) Until such time as discovery material is filed under paragraphs (1) through (5) of subsection (a) of this Code section, the original of all depositions shall be retained by the party taking the deposition and the original of all other discovery material shall be retained by the party requesting such material, and the person thus retaining the deposition or other discovery material shall be the custodian thereof. (c) When depositions and other discovery material are filed with the clerk of court as provided in subsection (a) of this Code section, the clerk of court shall retain such original documents and materials until final disposition, either by verdict or appeal, of the action in which such materials were filed. The clerk of court shall be authorized thereafter to destroy such materials upon microfilming or digitally imaging such materials and maintaining such materials in a manner that facilitates retrieval and reproduction, so long as the microfilm and digital images meet the standards established by the Georgia Department of Archives and History; provided, however, that the clerk of court shall not be required to microfilm or digitally image depositions that are not used for evidentiary purposes during the trial of the issues of the case in which such depositions were filed." SECTION 1-2. Said title is further amended by revising subsection (a) of Code Section 9-12-81, relating to the general execution docket, as follows: "(a) The clerk of the superior court of each county shall be required to keep a general execution docket in paper or electronic data base form." SECTION 1-3. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising Code Section 15-6-51, relating to eligibility to serve as city or state court clerk, as follows: "15-6-51. Clerks The clerk of the superior courts court shall be eligible to hold the office of clerk of the city or municipal, state, or other court in the counties of their residence, on taking the oath and giving bond and security as prescribed by law." SECTION 1-4. Said title is further amended by revising Code Section 15-6-53, relating to appointment of clerk by presiding judge, as follows: "15-6-53. (a) If there is an absence or if the clerk or his deputy for any reason does not act as TUESDAY, MARCH 27, 2012 3697 clerk at the time provided by law for holding a term of the superior courts, the presiding judge thereof shall appoint a clerk who shall hold the office of clerk during the term and for ten days thereafter. Any act which the appointed clerk does during such time which the clerk could have done shall be valid. In any county in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall become the clerk of superior court if the clerk of superior court dies, resigns, is removed from office pursuant to the provisions of Code Section 45-2-1, or otherwise vacates office. The chief deputy clerk shall hold office for the unexpired term of his or her predecessor, provided that more than two years of the clerk's term of office have expired at the time the clerk vacates office. If more than two years of the clerk's term of office have not expired at the time the clerk vacates office, a special election shall be held, as provided in subsection (c) of Code Section 21-2-540, at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk. (b)(1) In any county in which a chief deputy clerk has not been appointed pursuant to Code Section 15-6-59, the probate judge shall immediately appoint a qualified person to serve as the interim clerk of superior court when the clerk vacates office for any reason. Such interim clerk shall serve in such capacity until the vacancy is filled pursuant to the provisions of this subsection; provided, however, that the interim clerk shall not serve more than one year. Any act done by the interim clerk during such period that the clerk could have done shall be valid. If, by the expiration of the time specified, there is no one else to act as clerk, the appointee mentioned in subsection (a) of this Code section may continue as such until there is an appointment or election. Any appointee or other person lawfully discharging the clerk's duties shall continue to do so until there is an election and qualification. (2) When a vacancy is filled pursuant to paragraph (1) of this Code section and it is more than six months from the date when the clerk vacated office until the next general election is held, the election superintendent for the county shall call a special election to fill the vacancy, as provided in subsection (c) of Code Section 21-2-540, and such official shall give notice in one or more of the public newspapers of the county, if any, at the courthouse, and at three or more of the most public places of the county at least 30 days prior to the date of election. Such special election shall be held at least 120 days but no later than 365 days after the date the vacancy occurred. The person elected on such date shall hold office for the unexpired term of his or her predecessor. The returns of the election shall be made to the Governor, who shall immediately commission the person elected clerk." SECTION 1-5. Said title is further amended by revising Code Section 15-6-54, relating to the appointment by probate judge pending filling of vacancy and duration of appointment, as follows: 3698 JOURNAL OF THE SENATE "15-6-54. (a) As soon as a vacancy in the office of superior court clerk occurs or in anticipation of such a vacancy, the judge of the probate court must appoint some qualified person to discharge the duties of clerk until the vacancy is filled. (b) When a vacancy occurs and it is not more than six months from the time the election can be called by the judge of the probate court and held until the existing term will expire, the person or persons appointed shall discharge the duties of the office for the balance of the term and there shall be no special election Reserved." SECTION 1-6. Said title is further amended by revising Code Section 15-6-55, relating to emergency service by the probate court judge or clerk, as follows: "15-6-55. (a) If from as a result of any sudden emergency there is a vacancy in the office of clerk of superior court, and a proper person who meets the qualifications for a clerk of superior court as set forth in Code Section 15-6-50 cannot immediately be appointed fill the vacancy pursuant to Code Section 15-6-53, the judge of the probate court or his clerk shall act as clerk of the superior court for a period not to exceed 120 days. Any act done by the probate judge during such period that the clerk could have done shall be valid. (b) If there is a temporary absence of the clerk of superior court for any reason not specified in Code Section 15-6-53 or if the clerk of superior court for any reason does not act as clerk at the time provided by law for holding a term of the superior courts and there is no chief deputy clerk to perform such duties, notwithstanding local law, the judges of the superior court of the judicial circuit by a majority vote shall appoint an interim deputy clerk who shall hold the office of clerk during the term of court and for ten days thereafter. If a majority of the judges do not agree to the selection of the interim deputy clerk, the chief judge of the superior court shall select the interim deputy clerk. Any act which the chief deputy clerk or the appointed clerk does during such time which the clerk could have done shall be valid." SECTION 1-7. Said title is further amended by revising Code Section 15-6-56, relating to election to fill vacancy, term of office, and filling of vacancies in counties with chief deputy clerk, as follows: "15-6-56. (a) When a vacancy occurs or in anticipation of a vacancy, the judge of the probate court of the county where it happens shall give notice in one or more of the public newspapers of the county, if any, and at the courthouse, and at three or more of the most public places of the county 20 days prior to the date of election, which date shall be set by him. (b) The person elected on such date shall hold office for the unexpired term of his predecessor. The returns of the election must be made to the Governor, who must TUESDAY, MARCH 27, 2012 3699 commission the clerk. (c) In any county in which the position of chief deputy clerk has been created by law or in which a chief deputy clerk has been appointed pursuant to Code Section 15-6-59, the chief deputy clerk shall succeed the clerk of the superior court if a vacancy occurs. The chief deputy clerk shall serve until January 1 following the next general election which is held more than 60 days after the date the vacancy occurs; provided, however, that in no event shall the chief deputy clerk serve past the date that the successor is qualified immediately upon the expiration of the term of office in which the vacancy was created. If a portion of the original term will remain unexpired after January 1, then a person to fill the vacancy for the remainder of the unexpired term shall be elected at such general election. In any such case, the other provisions of law for filling such a vacancy shall not apply. The provisions of this subsection shall only be applicable to the clerk of the superior court and shall not be applicable to other county officers Reserved." SECTION 1-8. Said title is further amended by revising subsection (a) of Code Section 15-6-58, relating to oath of office, as follows: "(a) The clerks of the superior courts, before entering upon the discharge of their duties, whether appointed, elected, or acting by operation of law besides the oath required of all civil officers, must take and subscribe to the following oath: 'I do swear or affirm that I will truly and faithfully enter and record all the orders, decrees, judgments, and other proceedings of the Superior Court of the County of ________, and all other matters and things which I am required by law ought by me to be recorded to record; and that I will faithfully and impartially discharge and perform all the duties required of me, to the best of my understanding. So help me God.'" SECTION 1-9. Said title is further amended by revising Code Section 15-6-59, relating to bond and appointment of deputies, as follows: "15-6-59. (a) The clerks clerk of each of the superior courts, except those appointed by a judge of the superior court and those becoming clerk by operation of law, shall execute bond in the sum of $25,000.00 $150,000.00, which amount may be increased in any county by local Act or by an ordinance or resolution of the governing authority. (b) The clerks of the superior courts shall have the power to appoint a deputy or deputies and may, upon making such appointment, shall require from him or them such deputies a bond with good security. The deputies shall take the same oaths as the clerks do before entering upon the discharge of their duties. The oath shall be administered by the clerk of superior court and recorded on the minutes of the superior court. Their powers Powers and duties of deputy clerks shall be the same as those of the clerks, as long as their principals continue in office and not longer, for faithful performance of which they and their securities shall be bound. The clerks of the superior courts shall 3700 JOURNAL OF THE SENATE also have the authority to appoint one of their deputies as chief deputy clerk unless otherwise provided by local law." SECTION 1-10. Said title is further amended by revising Code Section 15-6-61, relating to duties of clerks generally, use of computerized record-keeping system, and printed copies of the grantor and grantee indices, as follows: "15-6-61. (a) It is the duty of a clerk of superior court: (1) To keep the clerk's office and all things belonging thereto at the county site and at the courthouse or at such other place or places as authorized by law; (2) To attend to the needs of the court in through the performance of the duties of the clerk required and enumerated by law, or as defined in court order, or rules; (3) To issue and sign every summons, writ, execution, process, order, or other paper under authority of the court and attach seals thereto when necessary. The clerk shall be authorized to issue and sign under authority of the court any order to show cause in any pending litigation and any other order in the nature of a rule nisi, where no injunctive or extraordinary relief is granted; (4) To keep in the clerk's office the following dockets or books: (A) An automated civil case management system which shall contain separate case number entries for all civil actions filed in the office of the clerk, including complaints, proceedings, Uniform Interstate Family Support Act actions, domestic relations, contempt actions, motions and modifications on closed civil actions, and all other actions civil in nature except adoptions; (B) An automated criminal case management system which shall contain a summary record of all criminal indictments in which true bills are rendered and all criminal accusations filed in the office of the clerk of superior court. The criminal case management system shall contain entries of other matters of a criminal nature filed with the clerk, including quasi-civil proceedings and entries of cases which are ordered dead docketed at the discretion of the presiding judge and which shall be called only at the judge's pleasure. When a case is thus dead docketed, all witnesses who may have been subpoenaed therein shall be released from further attendance until resubpoenaed; and (C) A docket, file, series of files, book or series of books, microfilm records, or electronic data base for recording all deeds, liens, executions, lis pendens, maps and plats, and all other documents concerning or evidencing title to real or personal property. When any other law of this state refers to a general execution docket, lis pendens docket, or attachment docket, such other law shall be deemed to refer to the docket or other record or records provided for in this subparagraph, regardless of the format used to store such docket; (5) To keep all the books, papers, dockets, and records belonging to the office with care and security and to keep the papers filed, arranged, numbered, and labeled, so as to be of easy reference; TUESDAY, MARCH 27, 2012 3701 (6) To keep at the clerk's office all publications of the laws of the United States furnished by the state and all publications of the laws and journals of this state, all statute laws and digests, this Code, which shall be paid for from county or law library funds, the Supreme Court and Court of Appeals reports, and all other law books or other public documents distributed to him the clerk, for the public's convenience; provided, however, that the clerk may consent that these publications be maintained in the public law library; (7) To procure a substantial seal of office with the name of the court and the county inscribed thereon, if this has not already been done; (8) To make out and deliver to any applicant, upon payment to the clerk of legal fees, a correct transcript, properly certified, of any minute, record, or file of the clerk's office except for such records or documents which are, by provision of law, not to be released; (9) Upon payment of legal fees to the clerk, to make out a transcript of the record of each case to be considered by the Supreme Court or the Court of Appeals and a duplicate thereof numbered in exact accordance with the numbering of the pages of the original transcript of the record to be transmitted to the Supreme Court and the Court of Appeals; (10) To make a notation on all conveyances or of real or personal property, including liens, of the day date and time they were left to be recorded, which shall be evidence of the facts stated. Beginning July 1, 1998, all All liens or conveyances left to be filed shall presented to the clerk for filing shall be on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch paper or the digital equivalent and shall have a three-inch margin at the top to allow space for the clerk's notation required by this paragraph. If any lien or conveyance shall be presented for filing without sufficient margin, the clerk shall attach a piece of paper sufficient to give such margin at the top of the filing. Such notation The clerk shall not record any instrument or document conveying real or personal property, including liens, that is not prepared as required by this paragraph. The notation required by this paragraph may be made by the clerk or the clerk's deputy or employee by written signature, facsimile signature, or mechanical printing, or electronic signature or stamp; (11) To attest deeds and other written instruments for registration; (12) To administer all oaths required by the court or that may otherwise be required by law and to record all oaths required by law; (13) To transmit to the Georgia Superior Court Clerks' Cooperative Authority or its designated agent within 24 hours of filing of any financing statement, amendment to a financing statement, assignment of a financing statement, continuation statement, termination statement, or release of collateral, by facsimile or other electronic means, such information and in such form and manner as may be required by the Georgia Superior Court Clerks' Cooperative Authority, for the purpose of including such information in the central indexing system administered by such authority; provided, however, that weekends and holidays shall not be included in the calculation of the 24 hour period; 3702 JOURNAL OF THE SENATE (14) To remit to the Georgia Superior Court Clerks' Cooperative Authority a portion of all fees collected with respect to the filings of financing statements, amendments to financing statements, assignments of financing statements, continuation statements, termination statements, releases of collateral, or any other documents related to personal property and included in the central index, in accordance with the rules and regulations of such authority regarding the amount and payment of such fees; provided, however, that such fees shall be remitted to the authority not later than the tenth day of the month following the collection of such fees, and the clerk shall not be required to remit such fees more often than once a week; (15) To participate in the state-wide uniform automated information system for real and personal property records, as provided for by Code Sections 15-6-97 and 15-6-98, and any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning real estate and personal property data for any such information systems established by such authority so as to provide for public access to real estate and personal property information, including liens filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such real estate information concerning or evidencing title to real property and such personal property information or access to such information which is of record in the office of clerk of the superior court and which is necessary to establish and maintain the information system, including information filed pursuant to Code Section 44-2-2 and maps and plats. Each clerk of the superior court shall provide and transmit real estate and personal property information filed in the office of the clerk of superior court, including information required by Code Section 44-2-2 and maps and plats, to the authority for testing and operation of the information system at such times and in such form as prescribed by the authority; (15.1)(16) To participate in any network established by the Georgia Superior Court Clerks' Cooperative Authority relating to the transmission and retrieval of electronic information concerning carbon sequestration results and related transactions for any such information systems established by such authority for purposes of the carbon sequestration registry established pursuant to Article 5 of Chapter 6 of Title 12, so as to provide for public access to carbon sequestration registry information. Each clerk of the superior court shall provide to the authority or its designated agent in accordance with the rules and regulations of the authority such information evidencing carbon sequestration results and related transactions and access to such information which is of record in the office of clerk of the superior court and which is necessary for purposes of the carbon sequestration registry. Each clerk of the superior court shall provide and transmit carbon sequestration results and related transaction information filed in the office of the clerk of superior court to the authority for testing and operation of the electronic information system for the carbon sequestration registry at such times and in such form as prescribed by the authority. Each clerk shall charge and collect such fees as may be established by the Georgia Superior TUESDAY, MARCH 27, 2012 3703 Courts Clerks' Cooperative Authority, which shall be paid into the county treasury less and except any sums as are otherwise directed to be paid to the authority, all in accordance with rules and regulations adopted by the authority pursuant to Code Section 15-6-97.2; (16)(17) To file and transmit all civil case filing and disposition forms required to be filed pursuant to subsection (b) of Code Section 9-11-3 and subsection (b) of Code Section 9-11-58; (17)(18)(A) To transmit to the Superior Court Clerks' Cooperative Authority within 30 days of filing the civil case filing and disposition forms prescribed in Code Section 9-11-133. (B) To electronically collect and transmit to the Georgia Superior Court Clerks' Cooperative Authority all data elements required in subsection (g) of Code Section 35-3-36 in a form and format required by the Superior Court Clerks' Cooperative Authority and The Council of Superior Court Clerks of Georgia. The electronic collection and transmission of data shall begin no later than January 1, 2002. The data transmitted to the authority pursuant to this Code section shall be transmitted to the Georgia Crime Information Center in satisfaction of the clerk's duties under subsection (g) of Code Section 35-3-36 and to the Georgia Courts Automation Commission who which shall provide the data to the Administrative Office of the Courts for use of the state judicial branch. Public access to said data shall remain the responsibility of the Georgia Crime Information Center. No release of collected data shall be made by or through the authority; (18)(19) To participate in agreements, contracts, and networks necessary or convenient for the performance of the duties provided in paragraphs (16) and (17) of this subsection required by law; (19)(20) To perform such other duties as are or may be required by law or as necessarily appertain to the office of clerk of the superior court; and (20)(21) To keep an automated, computer based jury management system that facilitates the maintenance of the county master jury list pursuant to the provisions of Chapter 12 of this title unless this duty is delegated to a jury clerk as provided in subsection (a) of Code Section 15-12-11 or subsection (b) of Code Section 15-12-23. (b) Nothing in this Code section shall restrict or otherwise prohibit a clerk from electing to store for computer retrieval any or all records, dockets, indices, or files; nor shall a clerk be prohibited from combining or consolidating any books, dockets, files, or indices in connection with the filing for record of papers of the kind specified in this Code section or any other law, provided that any automated or computerized recordkeeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indices. When the clerk of superior court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security maintained. Regardless of the automated or computerized system elected, each clerk shall maintain and make readily available to the public complete, printed copies of the real estate grantor and grantee indices, which shall be updated regularly, and prepared in 3704 JOURNAL OF THE SENATE compliance with paragraph (15) of subsection (a) of this Code section and Code Section 15-6-66. A clerk of superior court shall be deemed to satisfy the provisions of subsection (c) of Code Section 50-18-70 when on-site, electronic access to computerized indices of county records is provided to the public during regular business hours and in compliance with this Code section." SECTION 1-11. Said title is further amended by revising Code Section 15-6-62, relating to additional duties, as follows: "15-6-62. (a) The clerk of the superior court is required to record all the proceedings relating to any civil action or criminal case within six months after the final determination of the case. Such recording may be in well-bound books, on microfilm, or in digital format. If a clerk elects to record proceedings on microfilm or in digital format, he or she shall make available to the public a machine for reading and reproducing such microfilmed or digitally formatted records. If a clerk elects to record proceedings in digital format, the provisions of Code Section 15-6-62.1 shall apply. (b) Every clerk of the superior or city courts must record immediately in his book of final records court shall record, microfilm, or digitally image for the purpose of permanently preserving: (1) Every part of the pleadings in every case; (2) All garnishments, affidavits, bonds, and answers thereto; (3) All attachment affidavits, bonds, and writs of attachment; and (4) All claim affidavits and bonds and all bonds given in any judicial proceeding. The No clerk shall not allow any of such papers record to be taken from his or her office before recording them as required in this Code section. Such record shall constitute a part or all of the final record of the papers required by law to be made, as the case may be. (c) If any subsequent paper in the case is recorded, the clerk shall make a reference at the foot of the record required in this Code section, to the page where such subsequent record may be found and shall also state the case in the index to the book of record and shall enter the number of the pages on which the same is to be found. (d)(c) Where any paper so recorded becomes lost or destroyed, a certified copy thereof from the clerk of the superior court may be substituted. No fee shall be charged or collected for any such copy if the loss of the same is caused by or results from any negligence or fault of the clerk. (e) Any clerk who fails to discharge the duties set forth in this Code section is subject to be fined by the presiding judge, on his own motion, for a contempt whenever the judge discovers that the clerk has failed to discharge his duties. It shall be the duty of the judges of the several superior courts to give this law specially in charge to the grand juries and to require them to inform the court whether or not the clerk has performed the duties specified as aforesaid. However, clerks shall not be punished for contempt under this Code section until after the paper or papers required to be recorded have TUESDAY, MARCH 27, 2012 3705 been filed for three months. (f)(d) This Code section shall not apply to cases dismissed and settled before the record is made." SECTION 1-12. Said title is further amended by revising subsections (a) and (b) of Code Section 15-6-66, relating to grantor-grantee index, as follows: "(a) The clerk of the superior court shall provide at the expense of each county a suitable duplex index book, or a series of books, or a card index, or a microfilm record, or an electronic data base, or an electronic, computer-based document management system, or any combination of one or more of such systems, in which shall be indexed the name of the grantor and grantee of every instrument recorded pursuant to subparagraph (a)(4)(C) of Code Section 15-6-61, such index to. Such index shall include the character of the instrument, the book or location of the record, and the date of filing and to include the time of filing if not otherwise reflected in the record. (b) The name of the grantor as listed in the index shall be the name of the owner of the title which such instrument purports to convey or affect, whether the instrument was executed by the owner or by some other person, firm, or corporation on behalf of such owner, and whether or not such owner is deceased." SECTION 1-13. Said title is further amended by revising Code Section 15-6-67, relating to recordation of maps and plats, and specifications, as follows: "15-6-67. (a) The clerk of the superior court shall file and record in his or her office maps or plats relating to real estate in the county. (b) Maps or plats to be filed and recorded in the office of the clerk of the superior court shall be prepared in accordance with the following minimum standards and specifications adopted in the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors: (1) Material. (A) Any such maps or plats shall be a good legible copy, such as a blue, white, or other commercial print reproduced from an original. (B) The minimum line widths and letter or character heights delineated on such maps or plats shall be as follows: (i) Maps or plats drawn on 8 1/2 inch by 11 inch or 8 1/2 inch by 14 inch tracings shall have a minimum line width of 0.010 inches and a minimum letter or character height of 0.080 inches; (ii) Maps or plats drawn on 11 inch by 17 inch tracings shall have a minimum line width of 0.010 inches and minimum letter or character height of 0.080 inches; or (iii) Maps or plats drawn on 17 inch by 22 inch or 24 inch by 36 inch tracings shall have a minimum line width of 0.013 inches and a minimum letter or character height of 0.080 inches. 3706 JOURNAL OF THE SENATE (C) In counties using microfilming procedures, when a map or plat is filed for record the original drawing, which shall not be larger than 24 inches by 36 inches, shall be submitted to the clerk for microfilming and a legible copy, which shall not be larger than 17 inches by 22 inches, shall be filed for record; provided, however, that a full-size positive copy of the original may be tendered and used for microfilming. The clerk shall enter manually or electronically the filing date, plat book number, and page number on the original drawing plats and shall cause the same information to be entered electronically on the digital copy presented for filing and shall return the an original drawing physical copy of the plat with the filing information on it to the land surveyor or the person filing the same for record. The clerk shall permanently retain the original physical and digital copy of the plat. Both the filing information and plat shall serve as evidence of the original drawing. The physical copy, the digital copy, or both may be displayed to the public in compliance with Code Section 15-6-68; (2) Caption. The maps Maps or plats shall have a title or name which shall be contained in the caption, and the caption shall also provide the following information: (A) The county, city, town, or village, land district and land lot, and subdivision, if the property lies within a particular subdivision; (B) The date of plat preparation and the date of the field survey; (C) The scale, stated and shown graphically; (D) The name, address, telephone number, and registration number of the land surveyor or the statement that he or she is the county surveyor and is not required by law to be a registered surveyor; and (E) All reproductions of original maps or plats shall bear the original signature, in black a contrasting color of ink, of the registrant placed across the registration seal in order to be a valid or recordable map or plat. The provisions of this subparagraph shall apply to all maps or plats that are sealed by a land surveyor which depict and describe real property boundaries. Maps and plats which do not meet the requirements of this subparagraph shall not be sealed nor recorded; (3) Size. Maps or plats shall not be less than 8 1/2 inches by 11 inches and not larger than can be recorded without folding; 24 inches by 36 inches, provided that the clerk shall be authorized to file maps or plats in compliance with this subparagraph. When an original map or plat is submitted to the clerk for filing and recordation, the clerk shall be authorized to accept the plat for recordation only upon receiving a minimum of two properly signed reproductions of the original physical plat and a digital copy that has been created at full scale, properly signed and in an electronic format acceptable by the Georgia Superior Court Clerks' Cooperative Authority. The digital copy shall be submitted via media approved by the clerk. (4) Data. Maps or plats shall be made in a professional manner and in accordance with the standards of good drafting procedures and shall show the following information, as specified: (A) All maps or plats shall show the direction and distance from a point of reference to a point on the boundary of the individual survey, and such additional TUESDAY, MARCH 27, 2012 3707 data as may be required to relocate the boundary point from the point of reference with the same degree of accuracy required of the parcel surveyed. The point of reference shall be an established, monumented position which can be identified or relocated from maps, plats, or other documents on public record; (B) All maps or plats of boundary surveys or subdivision surveys shall show bearings of all lines of the boundary or lot lines, and distances of all boundary or lot lines, and area of the parcels expressed in acres or square feet; (C) All maps or plats of boundary surveys shall show the closure precision of the field survey as the ratio of one foot to the traversed distance in which an error of one foot would occur and a statement as to the method of adjustment. The closure may be stated as follows: 'The field data upon which this map or plat is based has a closure precision of one foot in ______ feet, and an angular error of ______ per angle point, and was adjusted using ______ rule'; (D) All maps or plats of boundary surveys shall show the closure precision of the data shown on the map or plat. The closure may be stated as follows: 'This map or plat has been calculated for closure and is found to be accurate within one foot in ______ feet'; (E) All maps or plats shall show the width and the former widths, if pertinent, of all rights of way adjacent to or crossing the property or adjacent to any point of reference; (F) All maps or plats shall show easements and apparent encroachments, if pertinent; (G) In the case of curved lines, the curve shall be defined by curve data to include the radius, arc length, chord bearing, and distance for regular curves. Chord distances and directions shall be given for irregular curves; (H) All land lot lines, land district lines, land section lines, and city, county, and state boundaries intersecting or adjacent to the surveyed property shall be indicated by lines drawn upon the map or plat with appropriate words and figures; (I) All corner markers and markers of pertinent reference points shall be fully described and indicated as to their material or types and shall be constructed of a permanent material such as iron, steel, concrete, or stone; (J) An arrow shall be shown on the map or plat to indicate the principal meridian, and a notation shall be made as to the reference of bearings to magnetic north, astronomic north, or grid north. A grid north reference shall indicate the zone; (K) All linear distances shown on maps or plats shall be horizontal; (L) All angular directions shown on maps or plats shall be represented in degrees and minutes. Where plats state or surveys require accuracy in excess of 1 in 5,000, the angular directions shall be represented in degrees, minutes, and seconds. All angular directions shall be referenced to the principal meridian; (M) A statement shall be shown on the map or plat to indicate the type of equipment used to obtain the linear and angular measurements used in the preparation of the map or plat; and 3708 JOURNAL OF THE SENATE (N) All maps or plats shall show the state plane coordinates of at least two permanent monuments thereon, when a National Geodetic Survey monument is within 500 feet of any point on the property mapped or platted, or any point of reference shown thereon. (c) If the plat meets the requirements of subsections (b) and (d) of this Code section, it shall be the duty of the clerk of the superior court to file and record such map or plat or blueprint, tracing, photostatic copy, or other copy of a map or and digital image of such plat. (d) Whenever the municipal planning commission, the county planning commission, the municipal-county planning commission, or, if no such planning commission exists, the appropriate municipal or county governing authority prepares and adopts subdivision regulations, and upon receiving approval thereon by the appropriate governing authority, then no plat of subdivision of land within the municipality or the county shall be filed or recorded in the office of the clerk of the superior court of a county without the approval thereon of the municipal or county planning commission or governing authority and without such approval having been entered in writing on the plat by the secretary or other designated person of the municipal or county planning commission or governing authority. The clerk of the superior court shall not file or record a plat of subdivision which does not have the approval of the municipal or county planning commission or governing authority as required by this subsection. Notwithstanding any other provision of this subsection to the contrary, no approval of the municipal or county planning commission or governing authority shall be required if no new streets or roads are created or no new utility improvements are required or no new sanitary sewer or approval of a septic tank is required. Any plat of survey containing thereon a certification from the a licensed surveyor that the provisions relative to this subsection do not require approval of the municipal or county planning commission or governing authority shall entitle said plat to record. Any licensed surveyor who fraudulently certifies that a plat of survey does not require the approval specified in this subsection shall be guilty of a misdemeanor." SECTION 1-14. Said title is further amended by revising Code Section 15-6-68, relating to display of maps and plats, index, land lot record, and notation of date and time on face of plat, as follows: "15-6-68. (a) The clerk of each superior court shall provide appropriate binders, not less than 18 inches by 24 inches in size, in which the maps or plats or prints thereof referred to in Code Section 15-6-67 shall be placed without the necessity of folding in any manner. One of the binders and the prints therein contained shall be open to the general public for inspection, as are all other public records in the clerk's office. Alternatively, in those counties using microfilm procedures, the clerk thereof shall take such steps as are necessary to provide access to the same information books, binders, or any other alternative system, either manual or electronic, for providing public access to maps and TUESDAY, MARCH 27, 2012 3709 plats. For all electronic images of plats submitted to the clerk on or after July 1, 2012, the clerk shall provide necessary equipment for printing either an entire full-size copy of each recorded plat or copies of sections of each entire recorded plat, printed in full scale. (b) The clerk of the superior court shall also provide an appropriate index book, or a series of index books, or a card index, or a microfilm record, or an electronic data base, or any combination of one or more of such systems, in which shall be indexed all such electronic, computer-based indexing system in which shall be indexed all maps or plats under the caption or name of the subdivision, if any, under the name of the owner or owners of the property mapped or platted, and also under the land lot number and district number if the land lies in that portion of the state which has been surveyed into land lots and districts. (c) In counties of this state that are divided into land lots, the clerk of superior court shall maintain a record for each individual provide an electronic, computer-based system for maintaining and searching a record for each land lot and land district by listing all surveys made for each lot and where they are recorded. (d) The clerk shall note the date and time of the filing of a plat for record on the face of the plat." SECTION 1-15. Said title is further amended by revising Code Section 15-6-73, relating to destruction of obsolete records, as follows: "15-6-73. (a) Clerks of the superior court are shall be authorized, from time to time, to destroy books containing records of instruments conveying personal property only, including bills of sale, mortgages, conditional sales contracts, retention title contracts, and bills of sale to secure debt, which records are over 15 whenever the records are older than five years of age. (b) Every clerk of the superior court or city court is shall be, from time to time, authorized to destroy original civil pleadings which have been recorded in the minutes or writ books of the court in every civil case which has been finally terminated for 20 years or more, except cases involving divorce, titles to land, legitimation of a child or children, and proceedings for adoption." SECTION 1-16. Said title is further amended by revising Code Section 15-6-74, relating to preservation of newspapers containing advertisements, as follows: "15-6-74. (a) The clerk of the superior court is required to procure and preserve for public inspection a complete file of all newspaper issues in which his legal advertisements actually appear are published. (b) The issues of the newspapers so preserved shall be bound, microfilmed, photostated, or photographed, or digitally imaged in a format approved by the clerk and 3710 JOURNAL OF THE SENATE such newspapers, microfilm, photographs, or photostatic copies thereof shall be maintained within the county courthouse and made available to the public for a period of not less than 50 years, after which time the newspapers, microfilm, photographs, or other photostatic copies may be destroyed, at the discretion of the clerk of the superior court or copies thereof shall be preserved for historical purposes in electronic or micrographic format. (c) The clerk of the superior court is authorized to enter into an agreement with either the judge of the probate court or the sheriff of the county, or both, relative to the binding, retention, microfilming, photographing, or photostating digital imaging of the newspapers and their preservation and retention, in which event it shall be necessary that only one set of newspapers or copies thereof shall be retained in the county courthouse. Such set of newspapers or copies thereof shall include copies of the newspaper issues in which the clerk's advertisements appear and the newspaper issues in which the advertisements which the judge of the probate court or the sheriff, or both, are required to preserve and retain appear. The agreement shall specify the person who shall maintain and preserve the newspapers, microfilm, photographs, or photostatic digital copies. (d) Upon the request of a clerk of superior court, any journal or newspaper declared, made, or maintained as the official organ of any county for the publication of sheriff's sales, citations of probate court judges, or any other advertising commonly known in terms of 'official or legal advertising' shall provide to the clerk of superior court copies of such journal or newspaper containing legal advertisements, in digital format, as required by the clerk, when the clerk shall be required to comply with provisions of subsection (a) or (b) of this Code section. The copies shall be provided to the clerk, the judge of the probate court, and the sheriff by January 31 of the year following the year in which the newspaper served as the official legal organ of the county. The ability of a journal or newspaper to provide copies digitally or electronically may be a qualification by the clerk of superior court, the probate judge, and the sheriff in designating a journal or newspaper as the official legal organ of the county." SECTION 1-17. Said title is further amended by revising Code Section 15-6-79, relating to payment of unpaid costs in felony cases, as follows: "15-6-79. In all of the counties of this state in which superior court clerks are paid on a fee basis, all unpaid costs arising from services rendered in felony cases, including transcripts to appellate courts under indigency affidavits, which are due clerks of the superior courts shall be paid from county funds after each term of court by order of the judge approving same, whether the defendant is convicted or acquitted Reserved." SECTION 1-18. Said title is further amended by revising Code Section 15-6-80, relating to payment of transcript costs to clerk before transmittal, as follows: TUESDAY, MARCH 27, 2012 3711 "15-6-80. In all cases certified to the appellate courts, the costs for preparing the transcript of the record shall be paid by the appellant to the clerk before the same is transmitted unless the judge presiding over the case being appealed approves an affidavit submitted to the judge by the appellant makes affidavit that he certifying that the appellant is unable to pay such costs or give security therefor upon the appellant providing adequate security for such costs." SECTION 1-19. Said title is further amended by revising Code Section 15-6-82, relating to removal of superior court clerks, charges, and trial, as follows: "15-6-82. A clerk of the superior court is subject to be removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. (a) Whenever the Governor determines that an investigation of a clerk of superior court of this state should be made as a result of criminal charges, alleged misconduct in office, or alleged incapacity of the clerk of superior court to perform the functions of his or her office, the Governor shall appoint an investigative committee consisting of two clerks of superior court who are members of The Council of Superior Court Clerks of Georgia and the Attorney General to conduct an investigation. Such clerks of superior court may be from any two counties in the state other than the county of the clerk of superior court under investigation. The members of any such committee shall receive no compensation for their services but shall be reimbursed for any expenses incurred in connection with an investigation. The funds necessary to conduct an investigation shall come from the funds appropriated to the executive branch of the state government. (b) Any member of the committee shall be authorized to administer oaths to any witness before the committee. The committee shall make a report of its investigation to the Governor within 30 days from the date of the appointment of both clerk members by the Governor. (c) If the committee recommends the suspension of the clerk of superior court, the Governor shall be authorized to suspend the clerk of superior court for a period of up to 60 days. In any case where a clerk of superior court has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the clerk's residence to bring a removal petition against the clerk in superior court based upon the evidence reported by the committee. After the filing of such petition, a clerk of superior court is subject to being removed from office by the judge of the court for any sufficient cause, including incapacity or misbehavior in office. The charges must be exhibited to the court in writing, and the facts tried by a jury. The clerk shall be entitled to a copy of the charges three days before trial. In the 3712 JOURNAL OF THE SENATE event that the Governor determines that further investigation should be made, the Governor may then order additional investigation by the committee, the Georgia Bureau of Investigation, other law enforcement agencies of this state, or any special committee appointed by the Governor for such purpose. During any period of suspension, the clerk shall continue to hold office; however, the chief deputy clerk shall perform the duties of the clerk of superior court or, in the absence of a chief deputy clerk, an interim clerk shall be appointed as provided in paragraph (1) of subsection (b) of Code Section 15-6-53 to perform the duties of the clerk during the period of suspension. (d) If the clerk of superior court is indicted for a felony, the provisions of Code Section 45-5-6 shall apply." SECTION 1-20. Said title is further amended by revising Code Section 15-6-86, relating to location of clerk's office in place other than courthouse, storage of records in different location, and county documents exception, as follows: "15-6-86. (a) In the event that the space at the courthouse is inadequate for the clerk's office and the things belonging thereto, the clerk, in writing, may request the governing authority of the county to move his or her office to some other designated place in the county. In his or her request, the clerk shall state the inadequacy which exists. The governing authority is shall be authorized to comply with the request and may but may only designate another place as the office of the clerk with the approval of the clerk. Such place must be owned by the county or a body politic and shall not be more than 500 feet from the courthouse at their nearest points. The judge Notwithstanding local law, the judges of the superior court of the judicial circuit in which the county is located or the chief judge in those circuits having more than one judge by a majority vote must give written consent before the clerk shall be authorized to move his or her office to such place; provided, however, that failing a majority agreement the chief judge of the judicial circuit shall make such determination. (b) In the event that space at the courthouse or other place where the office of the clerk is located is inadequate to ensure the safe storage of archival or inactive records, the clerk, after obtaining written permission approval from the governing authority of the county and from the superior court judge of the circuit in which the county is located or the chief judge in those circuits having more than one judge, may cause the records to be stored at a data storage and retrieval facility within the State of Georgia. The clerk shall give public notice of the place of storage by posting notice at the courthouse. If documents are stored outside the county where the documents were created in any place other than the location where the documents were created, filed, or recorded, the government entity shall: (1) Bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records; and TUESDAY, MARCH 27, 2012 3713 (2) Provide by contract for: (A) Specific retrieval times in which documents requested shall be delivered; and (B) Payment of additional fees by the person requesting the document from the clerk for expedited service. (c)(1) Subject to the requirements of paragraph (2) of this subsection, in In a county where the county site is located in an unincorporated area of the county and the county governing authority has constructed one or more permanent satellite courthouses within the county and has further designated each such structure as a courthouse annex or has otherwise established each such structure as an additional courthouse to the courthouse located at the county site, the clerk of superior court shall be authorized to maintain his or her offices and all things belonging thereto including the permanent records at one of the additional courthouse locations or at the courthouse at the county site. The clerk of superior court may, but is shall not be required to, maintain a satellite office at an additional courthouse which is not the location of the clerk of superior court's main office where the permanent records are kept. No one may for any purpose remove records of the clerk of superior court from the courthouse or the clerk's satellite office without the written consent of the clerk; provided, however, that a judge or the judge's designee may check out a record or file for a case assigned to such judge upon providing a written receipt for such record or file to the clerk. (2) The judge of the superior court of the circuit in which the county is located, or the chief judge if the county is a part of a circuit having more than one judge, must give written consent for the relocation or additional office, or both, and the county governing authority shall provide the necessary office space at the alternate or additional location, or both. (d) Notwithstanding any other provision of this Code section, county documents, as defined in subsection (c) of Code Section 36-9-5, shall be stored only in accordance with the provisions of Code Section 36-9-5." SECTION 1-21. Said title is further amended by revising Code Section 15-6-87, relating to use of photostatic and photographic equipment, as follows: "15-6-87. (a) The clerk of the superior court of any county of this state may install and use photostatic or other photographic equipment, including microfilm photographic equipment, and electronic or computer equipment for use in the filing, docketing, recording, copying, binding, indexing, certification, and furnishing of copies, including certified copies, of any and all instruments, records, and proceedings or parts of the same of record or on file in the clerk's office, with the consent and permission only of the county governing authority. The equipment and supplies for the same may be provided by the proper and respective county authorities out of county funds. The county governing authority shall supply all fixtures, supplies, and equipment necessary for the proper functioning of the office of clerk of superior court. (b) All provisions of law relating to the filing, docketing, recording, keeping, copying, 3714 JOURNAL OF THE SENATE binding, indexing, certification, and furnishing of copies of records, including certified copies, and those provisions relating to the amount of fees of officers in connection therewith, as far as may be consistent with this Code section, shall apply to such photostatic and digital, photographic, and electronic records and copies. (c) The provisions of this Code section for the installation and use of the equipment enumerated in subsection (a) of this Code section shall be construed as permissive only and are cumulative of other laws. However, should such equipment be purchased as authorized in this Code section, the use of the equipment shall be mandatory insofar as practical. (d) This Code section shall not be construed to change or repeal any rule of court or provision of law relating to records on appeal or review in the courts of this state." SECTION 1-22. Said title is further amended by repealing Code Section 15-6-87.1, relating to participation in state-wide county computerized information network and authorized fees, as follows: "15-6-87.1. Provided that the General Assembly appropriates the necessary funds for the establishment and operation of a state-wide county computerized information network, each clerk of a superior court shall participate in the network so as to provide local public access to any information which is filed with the Secretary of State pursuant to Title 14 and which is available through such a computerized information network. The network may be developed to provide each clerk of a superior court with additional public information. Each clerk of a superior court shall be authorized, but not required, to charge and collect a fee of not more than $2.00 for the first page and 50 per page for each additional page to recover the cost of providing a printed copy of any information which is available through the computerized information network." SECTION 1-23. Said title is further amended by revising Code Section 15-6-88.1, relating to adjustment of schedule for certain counties containing federal land, as follows: "15-6-88.1. In any county in which more than 70 percent of the population of the county according to the United States decennial census of 1980 or any future such census resides on property of the United States government which is exempt from taxation by this state, the population of the county for purposes of Code Section 15-6-88 shall be deemed to be the total population of the county minus the population of the county which resides on property of the United States government. Reserved." SECTION 1-24. Said title is further amended by revising Code Section 15-6-89, relating to additional remuneration for certain services, as follows: TUESDAY, MARCH 27, 2012 3715 "15-6-89. In addition to the minimum salary provided in Code Section 15-6-88 or any other salary provided by any applicable general or local law, each clerk of the superior court of any county who also serves as clerk of a state court, city court classified as a municipal court but funded through appropriations of the county governing authority, juvenile court, or civil court under any applicable general or local law of this state or who performs duties pursuant to paragraph (1) of subsection (a) of Code Section 15-12-1.1 shall receive for his or her services in such other court a salary of not less than $323.59 per month, to be paid from the funds of the county. In the event any such court for which a clerk of the superior court is serving as clerk is abolished, the clerk of the superior court shall not be entitled to any salary heretofore received for service in such court." SECTION 1-25. Said title is further amended by revising Code Section 15-6-92, relating to continuation of fee system, as follows: "15-6-92. Code Sections 15-6-88 through 15-6-91 and this Code section shall not be construed so as to place any clerk of the superior court who is on the fee system of compensation on April 1, 1973, on a salary system of compensation. Any clerk who is compensated under the fee system of compensation on April 1, 1973, shall continue to receive compensation under the fee system of compensation until local legislation is enacted by the General Assembly placing such clerk on an annual salary equal to or greater than the minimum annual salary provided for in Code Sections 15-6-88 through 15-6-91 and this Code section. Reserved." SECTION 1-26. Said title is further amended by revising Code Section 15-6-93, relating to office hours, as follows: "15-6-93. (a) Except as provided in this Code section, the office of each clerk of the superior court shall be open to conduct business Monday through Friday from at least 9:00 A.M. until 5:00 P.M. and shall not close for any period of time during such hours. (b) Any office of a clerk of a superior court which is open for operation on Saturday may close on one day Monday through Friday for a period of time equal to that period of time during which the office is open on Saturday. Nothing in this Code section shall be construed as requiring any office of a clerk of a superior court to be open on any public and holiday, legal holiday or, day of rest which, or other similar time that is recognized and designated as such by Georgia law or by the governing authority of the county. (c) This Code section shall only apply to the office of a clerk of a superior court if there is employed in that office at least one employee other than the clerk. (d) In any county of this state having a population of fewer than 10,000 persons 3716 JOURNAL OF THE SENATE according to the United States decennial census of 1980 or any future such census, the clerk of superior court may close such office for a designated lunch period if all other county offices in the county courthouse simultaneously close for a lunch period. The period of closing of the clerk's office shall coincide with the period for closing the other county offices. (e) Nothing in this Code section shall be construed to require the office of the clerk of the superior court to be open if all other county offices are closed because of inclement weather or any other reason. (f) When it is necessary for the clerk of superior court to conduct necessary training of employees, the clerk may close his or her office for up to eight hours during any sixmonth period, provided that he or she gives at least ten days' notice to the public, or sooner with the approval of the chief judge of the superior court, prior to such closing, and provided, further, that there are no proceedings scheduled in superior court during the time of the closing. Proceedings shall include all civil or criminal hearings or trials, whether or not a jury is required. (g) When the clerk's office is closed for training purposes, the period of closure shall be deemed a legal holiday for such office and, therefore, all deadlines provided for by law for filing in the clerk's office any pleading, process, summons answer, or other document shall be extended to the next regular business day of the clerk's office. 'Business day' means a day on which the clerk's office is open for business and shall not include any Saturday, Sunday, or legal holiday officially observed by the office as provided in this Code section." SECTION 1-27. Said title is further amended by adding a new Code section to read as follows: "15-6-100. No agreement by a clerk to acquire services, supplies, or equipment authorized by this article that requires expenditure of county funds may be entered into unless the funds to be obligated are included in the budget of the county for the operation of the clerk's office at the time of the execution of such agreement." SECTION 1-28. Said title is further amended by revising Code Section 15-10-87, relating to magistrate court filing fees to be transferred upon transfer of case to state or superior court, as follows: "15-10-87. (a) When any case is transferred from the magistrate court to the state court or superior court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee, but as between the parties the costs shall be as in other cases in the state court or superior court. This subsection shall only apply to actions filed on or before June 30, 2012. (b) When any case is transferred from the magistrate court to the state court or superior TUESDAY, MARCH 27, 2012 3717 court, the magistrate court shall transmit to the state court clerk or superior court clerk the filing fee paid to the magistrate court. The state court clerk or superior court clerk shall file the case without further deposit against costs or filing fee; provided, however, that all costs and filing fees shall be paid by the parties within 30 days. Failure to pay such costs and filing fees shall result in a dismissal of the transferred case unless there is good cause shown. The magistrate court clerk shall transmit to the clerk of the state court or superior court a certified copy of the contents of the entire file for the case being transferred. This subsection shall only apply to actions filed on or after July 1, 2012." SECTION 1-29. Said title is further amended by revising subsection (a) of Code Section 15-13-33, relating to the table of fees to be kept, as follows: "(a) Every public official must shall constantly keep and have posted in a conspicuous place in his or her office or, the place where he usually executes the business thereof is conducted, or in an electronic format accessible to the public a table of his fees for his or her office stated in fair words and figures. On failure to do so, he shall forfeit $1.00 per day for every day he so neglects, to be recovered at the action of any informer. The informer shall be entitled to keep the entire recovery." SECTION 1-30. Said title is further amended by revising Code Section 15-13-36, relating to restrictions on superior or state court clerks charging fees for certified copies of records, as follows: "15-13-36. No clerk of any superior court or state court shall charge any fee for providing any certified copy of any record or portion thereof requested by a solicitor, solicitor-general, district attorney, or assistant district prosecuting attorney in this state for use in any criminal case." SECTION 1-31. Said title is further amended by revising Code Section 15-16-11, relating to disposition of books, as follows: "15-16-11. All books which the sheriff is required to keep, after becoming full, must be deposited in the office of the clerk of the superior court to be kept as are other books of record; provided, however, that records which the sheriff is required to keep and which are computerized shall be maintained and stored for computer retrieval in the office of sheriff Reserved." SECTION 1-32. Code Section 36-9-5 of the Official Code of Georgia Annotated, relating to erection, repair, and furnishing of county buildings and storage of documents, is amended by revising paragraph (2) of subsection (c) as follows: 3718 JOURNAL OF THE SENATE "(2) A county officer, the county board of tax assessors, or any other officer of the county having the responsibility or custody of any county documents set forth in paragraph (1) of this subsection shall, at night or when the county office is closed, keep such county documents: (A) In a fireproof safe or vault; (B) In fireproof cabinets; (C) On microfilm, pursuant to the standards set forth in Article 6 of Chapter 18 of Title 50, only if a security copy has been sent to the Georgia State Archives; or (D) At a location not more than 100 miles from the county in a data storage and retrieval facility approved by the county governing authority within the State of Georgia which is in a building or facility which is in compliance with the fire safety standards applicable to archives and record centers as established by the National Fire Protection Association in Standard No. 232, as such standard was adopted on August 11, 1995. If documents are stored outside the county where the documents were created, the government entity shall bear all costs of transporting such documents back to the county of origin for purposes of responding to requests under Article 4 of Chapter 18 of Title 50, relating to inspections of public records. Such documents shall be made available to the requester; or (E) On any other electronic imaging medium that facilitates retrieval of such documents via electronic means, provided that such medium enables conversion of such documents to future electronic imaging technologies and provided that such custodian creates a daily computer-based backup of all archival documents stored on such medium." SECTION 1-33. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by revising subsection (a) of Code Section 44-2-14, relating to requirements for recordation, as follows: "(a) Except for documents electronically filed as provided for in Chapter 12 of Title 10, and in other Code sections in this part, before Before any deed to realty or personalty or any mortgage, bond for title, or other recordable instrument executed in this state may be recorded, it must shall be an original instrument and shall be attested or acknowledged as provided by law. However, nothing in this Code section shall dispense with another witness where an additional witness is required. This Code section shall not apply to transactions covered by Article 9 of Title 11." SECTION 1-34. Said title is further amended by revising Code Section 44-2-26, relating to recording of a plat or a copy of a plat, as follows: "44-2-26. The owner of real property or of any interest therein or any holder of a lien thereon may have a plat of the property or a blueprint, tracing, photostatic digital copy, or other copy of a plat of the property recorded and indexed in the office of the clerk of the superior TUESDAY, MARCH 27, 2012 3719 court of the county in which the property or any part thereof is located. It shall be the duty of the clerk to record and index any plat or any blueprint, tracing, photostatic digital copy, or other copy of the plat that conforms with Code Section 15-6-67." SECTION 1-35. Said title is further amended by revising Code Section 44-5-30, relating to requisites of deeds to lands, as follows: "44-5-30. Except for documents electronically filed as provided for in Chapter 12 of Title 10 and Part 1 of Article 1 of Chapter 2 of this title, a A deed to lands must shall be an original document, in writing, signed by the maker, and attested by at least two witnesses. It must shall be delivered to the purchaser or his or her representative and be made on a good or valuable consideration. The consideration of a deed may always be inquired into when the principles of justice require it." SECTION 1-36. Said title is further amended by revising Code Section 44-14-4, relating to the procedure for cancellation of mortgage, as follows: "44-14-4. Any mortgagor who has paid off his or her mortgage may present the paid mortgage to the clerk of the superior court of the county or counties in which the mortgage instrument is recorded, together with the order of the mortgagee or transferee directing that the mortgage be canceled. After payment of the fee authorized by law, the clerk shall index and record, in the same manner as the original mortgage instrument is recorded, the canceled and satisfied mortgage instrument or such portion thereof as bears the order of the mortgagee or transferee directing that the mortgage be canceled, together with any order of the mortgagee or transferee directing that the mortgage be canceled. The clerk shall show on the index of the cancellation and on the cancellation document the deed book and page number where the original mortgage instrument is recorded. The clerk shall manually or through electronic means record across the face of the mortgage instrument the words 'satisfied' and 'canceled' and the date of the entry and shall sign his or her name thereto officially. The clerk shall also manually or electronically make a notation on the record of the mortgage to indicate where the order of the cancellation is recorded." SECTION 1-37. Said title is further amended by revising Code Section 44-14-364, relating to the release of a lien upon filing of bond, as follows: "44-14-364. (a) When any person entitled under this part to claim a lien against any real estate located in this state files his or her lien in the office of the clerk of the superior court of the county in which the real estate is located, the owner of the real estate or the contractor employed to improve the property may, before or after foreclosure 3720 JOURNAL OF THE SENATE proceedings are instituted, discharge the lien by filing a bond in the office of that clerk upon the approval of a bond by the clerk of superior court. The bond shall be conditioned to pay to the holder of the lien the sum that may be found to be due the holder upon the trial of any lien action that may be filed by the lienholder to recover the amount of his or her claim within 365 days from the time the claim of lien is filed. The bond shall be in double the amount claimed under that lien and shall be either a bond with good security approved by the clerk of the court clerk of superior court or a cash bond, except in cases involving a lien against residential property the owner's domicile, in which event the bond shall be in the amount claimed under the lien. An owner or contractor may be required to provide supporting data to the clerk to prove the value of domiciled property when such property serves as a bond to discharge a lien provided for in this Code section. Upon the filing approval by the clerk of the bond provided for in this Code section, the real estate shall be discharged from the lien. For purposes of this subsection, the term 'domicile' means the established, fixed, permanent, or ordinary dwelling place of the owner. (b) Within seven days of filing such the bond required by subsection (a) of this Code section and any attachments, the party filing the such bond shall send a notice of filing such bond and a copy of the bond by registered or certified mail or statutory overnight delivery to the lien claimant at the address stated on the lien or, if no such address is shown for the lien claimant, to the person shown as having filed such lien on behalf of the claimant at the indicated address of such person or, if the bond is filed by a contractor, to the owner of the property, provided that whenever the lien claimant or the owner is an entity on file with the Secretary of State's Corporations Division, sending the notice of filing such bond and a copy of the bond to the company's address or the registered agent's address on file with the Secretary of State shall be deemed sufficient; provided, however, that the failure to send the notice of filing the bond and copy of the bond shall not invalidate the bond for purposes of discharge of a claim of lien under this Code section. With respect to property bonds, the clerk shall not accept any real property bond unless the real property is scheduled in an affidavit attached thereto setting forth a description of the property and indicating the record owner thereof, including any liens and encumbrances and amounts thereof, the market value, and the value of the sureties' interest therein, which affidavit shall be executed by the owner or owners of the interest; the bond and affidavit shall be recorded in the same manner and at the same cost as other deeds of real property. So long as the bond exists, it shall constitute a lien against the property described in the attached affidavit. (b)(c) The clerk of the superior court shall have the right to rely upon the amount specified in the claim of lien in determining the sufficiency of any bond to discharge under this Code section. The failure to specify both the amount claimed due under the lien and the date said claim was due shall result in such lien not constituting notice for any purposes. (d) The clerk of the superior court shall be held harmless for good faith regarding any discretionary act in connection with approval of any bond provided for in this Code section." TUESDAY, MARCH 27, 2012 3721 SECTION 1-38. Chapter 18 of Title 50 of the Official Code of Georgia Annotated, relating to state printing and documents, is amended by revising subsection (c) of Code Section 50-18-70, relating to inspection of public records, as follows: "(c) Any Except as provided in subsection (b) of Code Section 15-6-61, any computerized index of a county real estate deed records shall be printed or made available through electronic means for purposes of public inspection no less than every 30 days and any correction made on such index shall be made a part of the printout or made available through electronic means and shall reflect the time and date that said index was corrected." SECTION 1-39. Said chapter is further amended by revising subsection (a) of Code Section 50-18-98, relating to title to records and access to records of constitutional officers, as follows: "(a) Title to any record transferred to the Georgia State Archives as authorized by this article shall be vested in the division. The division shall not destroy any record transferred to it by an agency without consulting with the proper official of the transferring agency prior to submitting a retention schedule requesting such destruction to the State Records Committee. Access to records of constitutional officers shall be at the discretion of the constitutional officer who created, received, or maintained the records, but no limitation on access to such records shall extend more than 25 years after creation of the records. As used in this Code section, the term 'constitutional officer' means the Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor." SECTION 1-40. Said chapter is further amended by revising Code Section 50-18-120, relating to the authority for establishment of microform standards, as follows: "50-18-120. The authority for the establishment of microform standards shall be vested in the State Records Committee. All powers and duties of the State Records Committee as provided in Article 5 of this chapter shall be applicable to the establishment and maintenance of microform standards in this state. With respect to microform standards for the courts, the concurrence of the Administrative Office of the Courts The Council of Superior Court Clerks of Georgia and the Judicial Council of Georgia shall be required for the establishment of such standards." PART II SECTION 2-1. Code Section 1-3-1 of the Official Code of Georgia Annotated, relating to construction of statutes generally, is amended by revising division (d)(2)(A)(ii), as follows: "(ii) Code Sections 15-6-88 through 15-6-92 15-6-91;" 3722 JOURNAL OF THE SENATE SECTION 2-2. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising subsection (c) of Code Section 15-1-10, relating to removal and storage of court records, as follows: "(c) With the prior written consent of the governing authority of the county or municipality and the prior written consent of the chief judge, judge of the probate court, or chief magistrate of the affected court, the clerk of each superior court, state court, probate court, magistrate court, juvenile court, or municipal court in this state is authorized, but not required, to create and maintain digital copies of records, pleadings, orders, writs, process, and other documents submitted to or issued by the court in criminal, quasi-criminal, juvenile, or civil proceedings or in any proceedings involving the enforcement of ordinances of local governments. All digital copies created pursuant to this subsection shall be accurate copies of the original documents and shall be stored and indexed in such manner as to be readily retrievable in the office of the clerk during normal business hours. It shall be the duty of the clerk to provide and maintain software and computers, readers, printers, and other necessary equipment in sufficient numbers to permit the retrieval, duplication, and printing of such digitally stored documents in a timely fashion when copies are requested. A copy of such digitally stored document retrieved by the clerk shall be admissible in all courts in the same manner as the original document. If a backup copy is created pursuant to the process prescribed by subsections (b), and (c), and (d) of Code Section 15-6-62, the clerk is authorized to destroy the original document. This subsection shall not apply to documents or records which have been ordered sealed by the court nor to documents which are placed in evidence in a proceeding. The costs of creating and storing digital copies of documents and providing the necessary software and equipment to retrieve and reproduce such documents shall be paid from funds available for the operation of the court. The provisions of this subsection shall constitute an additional and alternative method of records management and shall not supersede or repeal Code Section 15-6-62, 15-6-62.1, 15-6-86, or 15-6-87." SECTION 2-3. Said title is further amended by revising Code Section 15-6-57, relating to election to break a tie, as follows: "15-6-57. Should any two or more candidates at an election to fill a vacancy in the office of superior court clerk, or at a regular election, have the highest and an equal number of votes, the judge of the probate court shall set a date and advertise another election in the manner prescribed in Code Section 15-6-56 15-6-53 and shall do so until a choice is made." SECTION 2-4. Said title is further amended by revising subsections (b), (c), and (d) of Code Section 156-90, relating to longevity increases, as follows: TUESDAY, MARCH 27, 2012 3723 "(b) The minimum salaries provided for in Code Sections 15-6-88 and 15-6-89, this Code section, and Code Sections Section 15-6-91 and 15-6-92 shall be considered as salary only. Expenses for deputy clerks, equipment, supplies, copying equipment, and other necessary and reasonable expenses for the operation of a clerk's office shall come from funds other than the funds specified as salary in such Code sections. (c) This Code section shall not be construed to affect any local legislation, except where such local legislation provides for a salary lower than the salary provided in Code Sections 15-6-88 and 15-6-89, this Code section, and Code Sections Section 15-691 and 15-6-92, in which event such Code sections shall prevail. (d) Code Sections 15-6-88 and 15-6-89, this Code section, and Code Sections Section 15-6-91 and 15-6-92 shall not be construed to reduce the salary of any clerk of the superior court presently in office." SECTION 2-5. Said title is further amended by revising Code Section 15-6-91, relating to the effect of salary provisions on local legislation, as follows: "15-6-91. All local legislation in effect on April 1, 1973, or enacted subsequent to April 1, 1973, and affecting compensation for clerks of the superior courts of the various counties shall be of full force and effect except where such local legislation provides for a salary lower than the salary provided in Code Sections 15-6-88 through 15-6-90, and this Code section, and Code Section 15-6-92, in which event such Code sections shall prevail." SECTION 2-6. Said title is further amended by revising subsection (b) of Code Section 15-16-8, relating to filling the vacancy in the office of sheriff, as follows: "(b) If the probate judge fails to appoint a qualified person to discharge the duties of the sheriff until the vacancy is filled In case there is a failure to appoint, as set forth in Code Section 15-6-54, the coroner of the county shall act as sheriff. If there is no coroner, the sheriff of any adjoining county is authorized to act as sheriff until the probate judge of the probate court makes the appointment or an election is held." SECTION 2-7. Said title is further amended by revising subsection (b) of Code Section 15-16-10, relating to duties of the sheriff and electronic storage, as follows: "(b) If any sheriff or deputy fails to comply with any provision of subsection (a) of this Code section, he or she shall be fined for a contempt as the clerk of the superior court is fined in similar cases. Code Section 15-6-82, as to removal, 15-16-26 shall also apply to sheriffs." SECTION 2-8. Said title is further amended by revising subsection (c) of Code Section 15-16-26, relating to investigation of charges against the sheriff, as follows: 3724 JOURNAL OF THE SENATE "(c) If the committee recommends the suspension of the sheriff, the Governor shall be authorized to suspend the sheriff for a period of up to 60 days. In any case where a sheriff has been suspended for 60 days, the Governor may extend the period of suspension for an additional 30 days. Upon such recommendation, the Governor shall also be authorized to request the district attorney of the county of the sheriff's residence to bring a removal petition against the sheriff pursuant to subsection (b) of Code Section 15-16-10 and Code Section 15-6-82 15-16-26 based upon the evidence reported by the committee. In the event that the Governor determines that further investigation should be made, he or she may then order additional investigation by the committee, by the Georgia Bureau of Investigation, by other law enforcement agencies of this state, or by any special committee appointed by the Governor for such purpose." SECTION 2-9. Title 42 of the Official Code of Georgia Annotated, relating to penal institutions, is amended by revising paragraph (5) of subsection (c) of Code Section 42-1-12, relating to the State Sexual Offender Registry, as follows: "(5) Keep all records of sexual offenders in a secure facility in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1 until official proof of death of a registered sexual offender; thereafter, the records shall be destroyed in accordance with Code Sections 15-1-10, 15-6-62, and 15-6-62.1." SECTION 2-10. Said title is further amended by revising subsection (c) of Code Section 42-4-4, relating to duties of sheriff as to inmates and failure to comply, as follows: "(c) Any sheriff or deputy who fails to comply with this Code section shall be fined for contempt, as is the clerk of the superior court in similar cases. The sheriff or deputy shall also be subject to removal from office as prescribed in Code Section 15-6-82 1516-26." PART III SECTION 3-1. All laws and parts of laws in conflict with this Act are repealed. Senators Bethel of the 54th, Cowsert of the 46th and Hamrick of the 30th offered the following amendment #1: Amend the Senate Judiciary Committee substitute to HB 665 (LC 29 5290ERS) by inserting after "cross-references;" on line 21 the following: to amend Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, so as to clarify that certain persons shall be ineligible to serve as trial or grand jurors; to provide for the use of jurors summoned prior to the compilation of county master jury lists; to revise provisions relating to the qualifications of grand jurors; TUESDAY, MARCH 27, 2012 3725 By inserting between lines 1177 and 1178, the following: Chapter 12 of Title 15 of the Official Code of Georgia Annotated, relating to juries, is amended by enacting a new Code Section 15-12-40 to read as follows: "15-12-40. Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a trial juror." SECTION 3-2. Said chapter is further amended by revising subsection (e) of Code Section 15-12-40.1, relating to the state-wide master jury list, driver's license information, list of registered voters, and random list of persons to comprise venire, as follows: "(e) On and after July 1, 2012, in each county, upon court order, the clerk shall choose a random list of persons from the county master jury list to comprise the venire; provided, however, that jurors summoned prior to July 1, 2012, shall remain eligible to comprise the venire." SECTION 3-3. Said chapter is further amended by revising Code Section 15-12-60, relating to the qualifications of grand jurors, as follows: "15-12-60. (a) Except as provided in subsection (b) of this Code section, all citizens Any citizen of this state 18 years of age or older who are not incompetent because of mental illness or mental retardation and who have has resided in the county for at least six months preceding the time of service shall be qualified eligible and liable to serve as a grand jurors unless otherwise exempted by law juror. (b) The following persons shall not be eligible to serve as grand jurors: (1) Any person who holds any elective office in state or local government or who has held any such office within a period of two years preceding the time of service as a grand juror; and (2) Any person who has been convicted of a felony and who has not been pardoned or had his or her civil rights restored shall not be eligible to serve as a grand juror. (c) Any person who has been convicted of a felony in a state or federal court who has not had his or her civil rights restored and any person who has been judicially determined to be mentally incompetent shall not be eligible to serve as a grand juror." PART IV SECTION 4-1. On the adoption of the amendment, there were no objections, and the Bethel, 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. 3726 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller E Mullis Y Murphy Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Stone E Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 43, nays 0. HB 665, having received the requisite constitutional majority, was passed by substitute. HB 707. By Representatives Morgan of the 39th, Powell of the 171st, Powell of the 29th, Brooks of the 63rd, Ashe of the 56th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible postsecondary institution in this state as proof of identity in order to vote; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. TUESDAY, MARCH 27, 2012 3727 Senator Balfour of the 9th moved that HB 707 be placed on the Table. On the motion the yeas were 28, nays 2; the motion prevailed, and HB 707 was placed on the Table. Senator Hill of the 32nd was excused for business outside the Senate Chamber. Senator Bethel of the 54th asked unanimous consent that Senator Balfour of the 9th be excused. The consent was granted, and Senator Balfour was excused. HB 744. By Representatives Lindsey of the 54th, Ashe of the 56th, Allison of the 8th, Neal of the 1st, Maddox of the 127th and others: A BILL to be entitled an Act to amend Part 2 of Article 7 of Chapter 6 of Title 44 of the Official Code of Georgia Annotated, relating to partition, so as to enact the "Uniform Partition of Heirs Property Act"; to provide for construction with federal law; to amend Code Section 24-7-706 of the Official Code of Georgia Annotated, relating to court appointed experts, so as to include crossreferences; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Orrock Y Paris E Ramsey E Rogers Y Seay Y Shafer Y Sims Y Staton Stone E Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson 3728 JOURNAL OF THE SENATE Y Goggans Y Golden Y Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 43, nays 0. HB 744, having received the requisite constitutional majority, was passed. Senator Bethel of the 54th was excused for business outside the Senate Chamber. HB 786. By Representatives Hembree of the 67th and Geisinger of the 48th: A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; 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. Senator Shafer of the 48th offered the following amendment #1: Amend HB 786 by striking from lines 46 and 47 the words "upon its approval by the Governor or upon its becoming law without such approval" and inserting "July 1, 2012" in their place. On the adoption of the amendment, there were no objections, and the Shafer 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 Albers E Balfour E Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims TUESDAY, MARCH 27, 2012 3729 Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Stone E Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 44, nays 1. HB 786, having received the requisite constitutional majority, was passed as amended. HB 808. By Representatives Yates of the 73rd, Collins of the 27th, Black of the 174th, Holcomb of the 82nd, Hatchett of the 143rd and others: A BILL to be entitled an Act to amend Code Section 48-7-27 of the Official Code of Georgia Annotated, relating to computation of Georgia taxable net income, so as to provide for an exclusion applicable to certain income of certain disabled veterans; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. 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 10, 2012 3730 JOURNAL OF THE SENATE Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 808 (LC 34 3241) Dear Chairman Channell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation would create an exclusion from taxable income for Georgia residents of disability payments from the U.S. Department of Veterans Affairs (VA). According to the Congressional Research Service and the Internal Revenue Service, all VA benefits received by U.S. taxpayers, including disability benefits, are currently excluded from the taxpayer's income for federal income tax purposes. The Georgia Department of Revenue confirmed that VA benefits that are excluded from federal adjusted gross income would also be excluded from Georgia adjusted gross income and taxable income as there is no provision in current law to add them back. As a result, it is concluded that the proposed bill would have no effect on Georgia income tax revenues. Sincerely, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, 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 Albers E Balfour E Bethel Y Hamrick E Harbison Y Heath Y Orrock Y Paris E Ramsey TUESDAY, MARCH 27, 2012 3731 Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon E Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone E Stoner E Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 43, nays 0. HB 808, having received the requisite constitutional majority, was passed. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. HB 818. By Representatives Parsons of the 42nd, Smith of the 131st and Smith of the 122nd: A BILL to be entitled an Act to amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, so as to include certain commercial geothermal heat pumps with the definition of the term 'clean energy property'; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 4-114 Atlanta, Georgia 30334-8400 3732 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 February 10, 2012 Honorable Mickey Channell, Chairman House Ways and Means Committee State Capitol, Room 133 Atlanta, Georgia 30334 SUBJECT: Fiscal Note House Bill 818 (LC 36 1994) Dear Chairman Channell: The Georgia State University Fiscal Research Center provided the following narrative on the revenue impact of this bill: This legislation would expand the types of geothermal heat pumps that qualify for the Clean Energy Property Credit. Currently, the purchase of an Energy Star certified geothermal heat pump qualifies for an income tax credit of 35 percent of the purchase price or $100,000, whichever is less. To be Energy Star certified, a geothermal heat pump must have a certain energy efficiency ratio (EER) and coefficient of performance (COP). The proposed legislation changes the qualifying standard to also allow commercial three-phase geothermal heat pump systems that meet the Energy Star efficiency requirements for EER and COP without having to actually be Energy Star certified. This credit has a per year cap of $5 million for the total amount of tax credits for tax years 2012 through 2014. Taxpayers apply through the Georgia Department of Revenue (DOR) for the credit. A qualifying taxpayer will receive the credit in four equal installments over succeeding returns. Some qualifiers may be placed on a waiting list if the $5 million cap has been reached and will be prioritized for succeeding years. This credit will expire on December 31, 2014. According to DOR, the total amount of tax credits has been reached each year since 2009. The waiting list is currently full for TY2013 and there is no evidence that the $5 million cap will not be met in TY2014, the last year of the credit. The revenue effect is therefore estimated to be zero because, while this proposal may change which taxpayers' purchases qualify for the credit, it cannot increase the overall amount of credits issued beyond the existing cap. The $5 million cap is expected to be reached in TY2013 and TY2014 regardless of the passage of this bill. TUESDAY, MARCH 27, 2012 3733 Sincerely, /s/ Russell W. Hinton State Auditor /s/ Debbie Dlugolenski Alford, Director Office of Planning and Budget The Senate Finance Committee offered the following substitute to HB 818: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, so as to include certain commercial geothermal heat pumps with the definition of the term "clean energy property"; to amend Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, so as to provide for an income tax credit with respect to certain trucks, buses, and taxis that are fueled by natural gas; to provide for conditions and limitations; to provide for powers, duties, and authority of the state revenue commissioner with respect to the foregoing; to repeal a certain tax credit for low-emission vehicles; 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 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, is amended by revising paragraph (3) of subsection (a) as follows: "(3) 'Clean energy property' includes any of the following: (A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy; (B) Energy Star certified geothermal heat pump systems or commercial three-phase geothermal heat pump systems that meet the Energy Star efficiency requirements for energy efficiency ratio (EER) and coefficient of performance (COP); (C) Energy efficient projects as follows: (i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit system that employs dual switching (ability to switch roughly half the lights off 3734 JOURNAL OF THE SENATE and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and (ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent; (D) Wind equipment required to capture and convert wind energy into electricity or mechanical power as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment; and (E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis." SECTION 2. Article 2 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to the imposition, rate, computation, and exemptions regarding income tax, is amended by adding new Code sections to read as follows: "48-7-29.18. (a) As used in this Code section, the term: (1) 'Natural gas heavy-duty truck or bus' means a new commercial vehicle, with a gross vehicle weight ratio equal to or more than 26,000 pounds, that is primarily fueled by natural gas. 'Primarily fueled by natural gas' means a vehicle that is produced by an original equipment manufacturer and operates on 90 percent or more natural gas fuel and on 10 percent or less gasoline or diesel fuel. In order to qualify for a tax credit under this Code section, the vehicle shall be registered in Georgia, accumulate at least 75 percent of its mileage in Georgia, and be certified by the Department of Natural Resources. In order for a bus to qualify for a tax credit under this Code section, it shall be primarily used to transport students to and from school or on a campus in this state. (2) 'Natural gas light-duty truck' means a new commercial vehicle, with a gross vehicle weight ratio less than 26,000 pounds, that is solely fueled by natural gas and that is produced by an original equipment manufacturer. In order to qualify for a tax credit under this Code section, the vehicle shall be registered in Georgia, accumulate at least 75 percent of its mileage in Georgia, and be certified by the Department of Natural Resources. (3) 'Taxi' means a vehicle that is solely fueled by natural gas and used as a commercial taxi in this state. In order to qualify for a tax credit under this Code section, a taxi shall be a new vehicle that is registered and licensed to operate in Georgia and which is certified by the Department of Natural Resources. (b) A taxpayer shall be allowed a credit against tax imposed under this article for the amount expended on or after July 1, 2013, and before June 30, 2017, to purchase a TUESDAY, MARCH 27, 2012 3735 natural gas heavy-duty truck or bus not to exceed $20,000.00. A taxpayer shall be allowed a credit against tax imposed by under this article for the amount expended on or after July 1, 2013, and before June 30, 2017, to purchase a natural gas light-duty truck or taxi not to exceed $12,000.00. (c)(1) The tax credits allowed under this Code section shall be limited to $10 million in each fiscal year beginning with fiscal year 2014 and ending with fiscal year 2017. (2) In each year that this tax credit is allowed, 70 percent shall be allocated to natural gas heavy-duty truck or bus purchasers, and 30 percent shall be allocated to natural gas light-duty truck or taxi purchasers. In the event that credits provided for purchases of natural gas heavy-duty trucks or buses in a taxable year are calculated to be less than 70 percent of the funding provided for such credits, the remaining funds shall be made available for tax credits related to the purchase of natural gas light-duty trucks or taxis. This redistribution of funds shall also apply if the 30 percent credit was not fully used for natural gas light-duty truck or taxi purchases, and in such case the remaining funds shall then be made available for natural gas heavy-duty truck or bus purchases. (d) In no event shall the total amount of any tax credit provided under this Code section for a taxable year exceed the taxpayer's income tax liability. Any unused tax credit shall be allowed the taxpayer against succeeding years' tax liabilities. No such credit shall be allowed the taxpayer against prior years' tax liabilities. (e) The commissioner shall be authorized to promulgate any rules and regulations necessary to implement and administer the provisions of this Code section. 48-7-29.19. (a) A taxpayer seeking to claim a tax credit under the provisions of Code Section 48-729.18 shall submit an application to the commissioner for tentative approval of such tax credit along with the certification from the Department of Natural Resources. Before any application under Code Section 48-7-29.18 is filed, the applicant shall have completed the purchase and registration in this state of the qualified vehicle or vehicles. The commissioner shall create and make available the forms to be used for such applications. Within 60 days of receipt of a properly completed application, the commissioner shall preapprove the application if a sufficient amount of available tax credits remain. (b) The commissioner shall approve the tax credits based on the order in which properly completed applications were submitted. In the event that two or more applications were submitted on the same day and the amount of funds available will not be sufficient to fully fund the tax credits requested, the commissioner shall prorate the available funds between or among the applicants. (c) In no event shall the aggregate amount of the tax credits approved by the commissioner for all taxpayers under the provisions of this Code section exceed the amounts specified in subsection (c) of Code Section 48-7-29.18. In the event a taxpayer filed a properly completed application along with the certification from the Department of Natural Resources for such credits but is not allowed all or part of the 3736 JOURNAL OF THE SENATE credit amounts to which such taxpayer would be authorized to receive because the amounts available have been reached, the commissioner shall add such taxpayer to a priority waiting list of applications, prioritized by the date of the taxpayer's filed application. With respect to the allocation of tax credits in subsequent years, taxpayers on the priority waiting list shall have priority over other taxpayers who apply for such tax credit in the subsequent years." SECTION 3. Code Section 48-7-40.16 of the Official Code of Georgia Annotated, relating to income tax credits for low-emission vehicles, is repealed and designated as reserved. SECTION 4. (a) Section 2 of 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, 2012. (b) The remaining portions of this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval SECTION 5. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers E Balfour E Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner E Tate Y Thompson, C Thompson, S Y Tippins TUESDAY, MARCH 27, 2012 3737 Y Ginn Y Goggans Y Golden N Gooch Y Grant Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tolleson N Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 41, nays 4. HB 818, having received the requisite constitutional majority, was passed by substitute. Senator Albers of the 56th was excused for business outside the Senate Chamber. HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th, Oliver of the 83rd and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the O.C.G.A., relating to equitable remedies and proceedings generally and public assistance, respectively, so as to comprehensively address the submission of false claims to the state, the Georgia Medicaid program, and local governments; to enact the "Georgia Taxpayer Protection False Claims Act"; to substantially revise the "State False Medicaid Claims Act"; to change and provide for definitions; to change the elements of false or fraudulent Medicaid claims; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ligon, Jr. of the 3rd. The Senate Health and Human Services Committee offered the following substitute to HB 822: A BILL TO BE ENTITLED AN ACT To amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to equitable remedies and proceedings generally and public assistance, respectively, so as to comprehensively address the submission of false claims to the state, the Georgia Medicaid program, and local governments; to enact the "Georgia Taxpayer Protection False Claims Act"; to provide for a short title; to provide for definitions; to provide for liability to this state for certain false claims; to provide for civil actions for false claims submitted to this state or to local governments; to provide for exclusions for certain civil actions; to provide for procedure; to provide for burden of proof; to provide for statute of limitations; to provide for venue; to provide for civil investigative demands; to provide for remedies under other laws; to provide for 3738 JOURNAL OF THE SENATE severability; to provide for construction; to substantially revise the "State False Medicaid Claims Act"; to change and provide for definitions; to change the elements of false or fraudulent Medicaid claims; to redirect proceeds from the Indigent Care Trust Fund to the Georgia Department of Community Health; to provide for the Attorney General to intervene in a civil action; to repeal provisions relating to employee discrimination or harassment by an employer while an employee pursues a civil action under the "State False Medicaid Claims Act" and provide for remedies for such conduct and other conduct involving employees, contractors, and agents; to change and create provisions relating to the statute of limitations; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Part I of this Act shall be known and may be cited as the "Georgia Taxpayer Protection False Claims Act." SECTION 1-2. Chapter 3 of Title 23 of the Official Code of Georgia Annotated, relating to equitable remedies and proceedings generally, is amended by adding a new article to read as follows: "ARTICLE 6 23-3-120. As used in this article, the term: (1) 'Claim' means any request or demand, whether under a contract or otherwise, for money or property, and whether or not this state or a local government has title to such money or property that is: (A) Presented to an officer, employee, or agent of the state or local government; (B) Made to a contractor, grantee, or other recipient, if the money or property is to be spent or used on the state's or local government's behalf or to advance a state or local government program or interest, and if the state or local government: (i) Provides or has provided any portion of the money or property requested or demanded; or (ii) Will reimburse such contractor, grantee, or other recipient for any portion of the money or property which is requested or demanded. Such term shall not include requests or demands for money or property that the state or local government has paid to an individual as compensation for state or local government employment or as an income subsidy with no restrictions on that individual's use of the money or property. TUESDAY, MARCH 27, 2012 3739 (2) 'Knowing' and 'knowingly' mean that a person, with respect to information: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or (C) Acts in reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required. (3) 'Local government' means any Georgia county, municipal corporation, consolidated government, authority, board of education or other local public board, body, or commission, town, school district, board of cooperative educational services, local public benefit corporation, hospital authority, taxing authority, or other political subdivision of the state or of such local government, including MARTA. (4) 'Material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (5) 'Obligation' means an established duty, whether fixed or not, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from law or regulation, or from the retention of any overpayment. (6) 'State' means the State of Georgia and any state department, board, bureau, division, commission, committee, public benefit corporation, public authority, council, office, or other governmental entity performing a governmental or proprietary function for this state. 23-3-121. (a) Any person, firm, corporation, or other legal entity that: (1) Knowingly presents or causes to be presented a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement material to a false or fraudulent claim; (3) Conspires to commit a violation of paragraph (1), (2), (4), (5), (6), or (7) of this subsection; (4) Has possession, custody, or control of property or money used, or to be used, by the state or local government and knowingly delivers, or causes to be delivered, less than all of that money or property; (5) Being authorized to make or deliver a document certifying receipt of property used, or to be used, by the state or local government and, intending to defraud the state or local government, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the state or local government who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement material to an obligation to pay or transmit money or property to the state or local government, or knowingly conceals, knowingly and improperly avoids, or decreases an obligation to pay or transmit money or property to the state or a local government 3740 JOURNAL OF THE SENATE shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the state or local government sustains because of the act of such person. (b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that: (1) The person committing the violation of this subsection furnished officials of the state or local government responsible for investigating false claims violations with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the state or local government with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the state or local government sustained because of the act of such person. (c) A person violating any provision of this Code section shall also be liable to the state or local government for all costs, reasonable expenses, and reasonable attorney's fees incurred by the state or local government in prosecuting a civil action brought to recover the damages and penalties provided under this article. (d) Any information furnished pursuant to paragraph (2) of subsection (b) of this Code section shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. (e) This Code section shall not apply to claims, records, or statements made concerning taxes under the revenue laws of this state. 23-3-122. (a) The Attorney General shall be authorized to investigate suspected, alleged, and reported violations of this article. If the Attorney General finds that a person has violated or is violating this article, then the Attorney General may bring a civil action against such person under this article. The Attorney General may delegate authority to a district attorney or other appropriate official of a local government to investigate violations that may have resulted in damages to such local government under Code Section 23-3-121 and may delegate to the local government the authority to bring a civil action on its own behalf, or on behalf of any subdivision of such local government, to recover damages sustained by such local government as a result of such violations, as well as all multiple damages, costs, expenses, attorney's fees, and civil penalties available under Code Section 23-3-121. The Attorney General may delegate to a district attorney or local government the authority to pursue an action brought by a private person under subsection (b) of this Code section. Notwithstanding any such delegation of authority, the Attorney General shall retain the authority to continue or TUESDAY, MARCH 27, 2012 3741 discontinue the prosecution of any such action and to withdraw any such authority previously delegated to a district attorney or local government. (b)(1) Subject to the exclusions set forth in this Code section, a civil action under this article may also be brought by a private person upon written approval by the Attorney General. A civil action shall be brought in the name of the State of Georgia or local government, as applicable. The civil action may be dismissed only if the Attorney General gives written consent to the dismissal stating the reasons for consenting to such dismissal and the court enters an order approving the dismissal. (2) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General by certified mail or statutory overnight delivery. The complaint shall be filed in camera and under seal, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The state or, if delegated the authority by the Attorney General, local government may elect to intervene and proceed with the action within 60 days after the Attorney General receives both the complaint and the material evidence and information. (3) The state or, if delegated the authority by the Attorney General, the local government may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2) of this subsection. Any such motions may be supported by affidavits or other submissions in camera. The defendant shall not be required to respond to any complaint filed under this Code section until 30 days after the complaint is unsealed and served upon the defendant. (4) Before the expiration of the 60 day period or any extensions obtained under paragraph (3) of this subsection, the state or local government shall: (A) Proceed with the civil action, in which case the civil action shall be conducted by the state or local government; or (B) Notify the court that it declines to take over the civil action, in which case the person bringing the civil action shall have the right to proceed with the civil action. (5) When a person brings a civil action under this subsection, no person other than the state or, if delegated the authority by the Attorney General, the local government may intervene or bring a related civil action based on the facts underlying the pending civil action. (6) Any evidence and information provided to the Attorney General or his or her designee, including any district attorney or local government, by a private person in connection with an action under this Code section shall not constitute public records and shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. Any such evidence also shall be protected by the common interest privilege and work product doctrine. To effectuate the law enforcement purposes of this article in combating fraud and false claims directed at the public's funds, it is the public policy of this state that private persons be authorized to take actions to provide to the Attorney General or local government such information and evidence. (c)(1) If the state or local government elects to intervene and proceeds with the civil action, it shall have the primary responsibility for prosecuting the civil action and 3742 JOURNAL OF THE SENATE shall not be bound by an act of the person bringing such civil action. Such person shall have the right to continue as a party to the civil action, subject to the limitations set forth in this subsection. (2) If the Attorney General has consented to a dismissal or elected not to proceed with a civil action, a local government may dismiss the civil action, notwithstanding the objections of the person initiating the civil action, if the person has been notified by the local government of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (3) The state or local government may settle the civil action with the defendant, notwithstanding the objections of the person initiating the civil action, if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (4) Upon a showing by the state or local government that unrestricted participation during the course of the litigation by the person initiating the civil action would interfere with or unduly delay the state or local government's litigation of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (A) Limiting the number of witnesses the person may call; (B) Limiting the length of the testimony of such witnesses; (C) Limiting the person's cross-examination of witnesses; or (D) Otherwise limiting the participation of the person in the litigation. (d) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the civil action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation of the person in the litigation. (e) If the state or local government elects not to proceed with the civil action, the person who initiated the civil action shall have the right to conduct the civil action. If the state or local government so requests, it shall be served with copies of all pleadings filed in the civil action and shall be supplied, without cost, with copies of all deposition transcripts. When a person proceeds with the civil action, the court may nevertheless permit the state or local government to intervene at a later date upon a showing of good cause. (f) Whether or not the state or local government proceeds with the civil action, upon a showing by the state or local government that certain actions of discovery by the person initiating the civil action would interfere with the state or local government's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the state or local government has pursued the criminal or civil investigation or proceedings with reasonable diligence, and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. TUESDAY, MARCH 27, 2012 3743 (g) Notwithstanding subsection (b) of this Code section, the state or local government may elect to pursue its claim through any alternate remedy available to the state or local government, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the civil action shall have the same rights in such proceeding as such person would have had if the civil action had continued under this Code section. Any finding of fact or conclusion of law made in such other proceeding that becomes final shall be conclusive on all parties to a civil action under this Code section. For purposes of this subsection, a finding or conclusion shall be deemed final if it has been finally determined on appeal to the appropriate court, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. (h)(1) If the state or local government proceeds with a civil action brought by a private person under subsection (b) of this Code section, such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the civil action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the civil action. Where the civil action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the civil action, relating to allegations or transactions in a criminal, civil, or administrative hearing; in a legislative, administrative, or State Accounting Office report, hearing, audit, or investigation; or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing such civil action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the state or local government does not proceed with a civil action under this Code section, the person bringing the civil action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. Such amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the civil action or settlement and shall be paid out of such proceeds. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the state or local government proceeds with the civil action, if the court finds that the civil action was brought by a person who planned and initiated the violation of this article upon which the civil action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the civil action which the person would otherwise receive under paragraph (1) or (2) of 3744 JOURNAL OF THE SENATE this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the civil action is convicted of criminal conduct arising from his or her role in the violation of this article, such person shall be dismissed from the civil action and shall not receive any share of the proceeds of the civil action. Such dismissal shall not prejudice the right of the State of Georgia to continue the civil action, represented by the Attorney General or local government attorney to whom the Attorney General has delegated authority. (4) If the state or local government does not proceed with the civil action and the person bringing the civil action conducts the civil action, the court may award to the defendant its reasonable attorney's fees and expenses against the person bringing the civil action if the defendant prevails in the civil action and the court finds that the claim of the person bringing the civil action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (i) For purposes of this subsection, the term 'public employee,' 'public official,' and 'public employment' shall include federal, state, and local employees and officials. No civil action shall be brought under this article by a person who is or was a public employee or public official if the allegations of such action are substantially based upon: (1) Allegations of wrongdoing or misconduct which such person had a duty or obligation to report or investigate within the scope of his or her public employment or office; or (2) Information or records to which such person had access as a result of his or her public employment or office. (j)(1) No court shall have jurisdiction over a civil action brought under subsection (b) of this Code section against a member of the General Assembly or a member of the judiciary if the civil action is based on evidence or information known to the state when the civil action was brought. (2) In no event may a person bring a civil action under subsection (b) of this Code section which is based upon allegations or transactions which are the subject of a civil or administrative proceeding to which the State of Georgia is already party. (3) The court shall dismiss a civil action or claim under this Code section, unless opposed by the state or local government, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed: (A) In a state criminal, civil, or administrative hearing in which the state or local government or its agent is a party; (B) In a state or local government legislative or other state or local government report, hearing, audit, or investigation that is made on the public record or disseminated broadly to the general public; provided that such information shall not be deemed publicly disclosed in a report or investigation because it was disclosed or provided pursuant to Article 4 of Chapter 18 of Title 50, the federal Freedom of Information Act, or under any other federal, state, or local law, rule, or program enabling the public to request, receive, or view documents or information in the TUESDAY, MARCH 27, 2012 3745 possession of public officials or public agencies; or (C) From the news media, provided that such allegations or transactions are not publicly disclosed in the news media merely because information of allegations or transactions have been posted on the Internet or on a computer network, unless the action is brought by the Attorney General or local government, or the person bringing the action is an original source of the information. For purposes of this subparagraph, the term 'original source' means a person who: (i) Prior to a public disclosure under this paragraph, has voluntarily disclosed to the state or a local government the information on which allegations or transactions in a claim are based; or (ii) Has knowledge that is independent of and materially adds to the publicly disclosed allegations or transactions and who has voluntarily provided the information to the state or a local government before filing a civil action under this Code section. (k) The state or local government shall not be liable for expenses which a private person incurs in bringing a civil action under this article. (l)(1) Any employee, contractor, or agent shall be entitled to all relief necessary to make that employee, contractor, or agent whole if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by the employee, contractor, agent, or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article. (2) Relief under paragraph (1) of this subsection shall include reinstatement with the same seniority status that the employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An action under this subsection may be brought in the appropriate superior court of this state for the relief provided in this subsection. (3) A civil action under this subsection shall not be brought more than three years after the date when the discrimination occurred. 23-3-123. (a) Except as provided in paragraph (3) of subsection (l) of Code Section 23-3-122, all civil actions under this article shall be filed pursuant to Code Section 23-3-122 within six years after the date the violation was committed or three years after the date when facts material to the right of civil action are known or reasonably should have been known by the state or local government official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed. (b) A subpoena requiring the attendance of a witness at a trial or hearing conducted 3746 JOURNAL OF THE SENATE under Code Section 23-3-122 may be served at any place in this state. (c) For purposes of applying subsection (b) of Code Section 9-11-9, in pleading a civil action brought under this article, the qui tam plaintiff shall not be required to identify specific claims that result from an alleged course of misconduct or any specific records or statements used if the facts alleged in the complaint, if ultimately proven true, would provide a reasonable indication that one or more violations of Code Section 23-3-121 are likely to have occurred and if the allegations in the pleading provide adequate notice of the specific nature of the alleged misconduct to permit the state or a local government to investigate effectively and defendants to defend fairly the allegations made. (d) If the state or local government elects to intervene and proceed with a civil action brought under subsection (b) of Code Section 23-3-122, the state or local government may file its own complaint or amend the complaint of a person who has brought an action under such subsection to clarify or add detail to the claims in which the state or local government is intervening and to add any additional claims with respect to which the state or local government contends it is entitled to relief. For statute of limitations purposes, any such state or local government pleading shall relate back to the filing date of the complaint of the person who originally brought the action, to the extent that the claim of the state or local government arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the prior complaint of that person. (e) In any action brought under Code Section 23-3-122, the plaintiff shall be required to prove all essential elements of the cause of action, including damages, by a preponderance of the evidence. (f) Notwithstanding any other provision of law, a final judgment rendered in favor of the state or local government or the United States in any criminal proceeding charging fraud or false statements, whether upon a verdict after trial or upon a plea of guilty or nolo contendere, shall estop the defendant from denying the essential elements of the offense in any civil action which involves the same transaction as in the criminal proceeding and which is brought under subsection (a) or (b) of Code Section 23-3-122. 23-3-124. All civil actions brought under this article in a court of this state shall be brought in the county where the defendant or any one defendant, in the case of multiple defendants or defendants who are not residents of the State of Georgia, resides, can be found, transacts business, or commits an act in furtherance of the submittal of a false or fraudulent claim to the state or local government. Civil actions under this article may be brought in courts of the United States and other states if there is pendent jurisdiction. 23-3-125. (a) As used in this Code section, the term: (1) 'Custodian' means the custodian, or any deputy custodian, designated by the Attorney General under paragraph (1) of subsection (j) of this Code section. (2) 'Documentary material' includes the original or any copy of any book, record, TUESDAY, MARCH 27, 2012 3747 report, memorandum, paper, communication, tabulation, chart, or other document or data compilations stored in or accessible through computer or other information retrieval system, together with instructions and all other materials necessary to use or interpret such data compilations, and any product of discovery. (3) 'False claims law' means: (A) This article; and (B) Any Act of Congress or of the legislature which prohibits or makes available to the federal government, state, or any local government in any court of this state, of another state or the District of Columbia, or of local government or of the United States any civil remedy with respect to any false claim against, bribery of, or corruption of any officer or employee of any state, the District of Columbia, local government, or the United States. (4) 'False claims law investigation' means any inquiry conducted by any false claims law investigator for the purpose of ascertaining whether any person is or has been engaged in any violation of a false claims law. (5) 'False claims law investigator' means any attorney or investigator employed by the Department of Law or any other agency of the federal government, state, or any local government who is charged with the duty of enforcing or carrying into effect any false claims law, or any officer or employee of the state or local government or the United States acting under the direction and supervision of such attorney or investigator in connection with a false claims law investigation. (6) 'Official use' means any use that is consistent with the law and the regulations and policies of the Department of Law or any other agency of the federal government, state, or any local government participating in any of the matters in question, including use in connection with internal memoranda, and reports; communications between the Attorney General or any other agency of the federal government, state, or any local government participating in the matters in question and any other agency of the federal government, state, or any local government, or a contractor of an agency of the federal government, state, or any local government, undertaken in furtherance of a federal, state, or local government or other governmental investigation or prosecution of a case; interviews of any qui tam relator or other witness; oral examinations; depositions; preparation for and response to civil discovery requests; introduction into the record of a case or proceeding; applications, motions, memoranda, and briefs submitted to a court or other tribunal; and communications with federal, state, or local government or other governmental investigators, auditors, consultants and experts, the counsel of other parties, arbitrators, and mediators, concerning an investigation, case, or proceeding. (7) 'Person' means any natural person, partnership, corporation, association, or other legal entity, including any state or local government or political subdivision of a state. (8) 'Product of discovery' includes: (A) The original or duplicate of any deposition, interrogatory, document, thing, result of the inspection of land or other property, examination, or admission which is obtained by any method of discovery in any judicial or administrative proceeding 3748 JOURNAL OF THE SENATE of an adversarial nature; (B) Any digest, analysis, selection, compilation, or derivation of any item listed in subparagraph (A) of this paragraph; and (C) Any index or other manner of access to any item listed in subparagraph (A) of this paragraph. (b)(1) For purposes of this Code section, whenever the Attorney General, or his or her designee, has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to a false claims law investigation, the Attorney General, or his or her designee, may, before commencing a civil proceeding under subsection (a) of Code Section 23-3-122 or other false claims law, or making an election under subsection (b) of Code Section 23-3-122, issue in writing and cause to be served upon such person a civil investigative demand requiring such person to: (A) Produce such documentary material for inspection and copying; (B) Answer in writing written interrogatories with respect to such documentary material or information; (C) Give oral testimony concerning such documentary material or information; or (D) Furnish any combination of such documentary material, answers, or testimony. The Attorney General may delegate the authority to issue civil investigative demands under this subsection, including to a district attorney or other local government attorney. Whenever a civil investigative demand is an express demand for any product of discovery, the Attorney General, the deputy attorney general, or an assistant attorney general shall cause to be served, in any manner authorized by this Code section, a copy of such demand upon the person from whom the discovery was obtained and shall notify the person to whom such demand is issued of the date on which such copy was served. Any information obtained by the Attorney General or a designee of the Attorney General under this Code section may be shared with any qui tam relator if the Attorney General or such designee determine it is necessary as part of any false claims law investigation. (2)(A) Each civil investigative demand issued under paragraph (1) of this subsection shall state the nature of the conduct constituting the alleged violation of a false claims law which is under investigation and the applicable provision of law alleged to have been violated. (B) If such demand is for the production of documentary material, the demand shall: (i) Describe each class of documentary material to be produced with such definiteness and certainty as to permit such documentary material to be fairly identified; (ii) Prescribe a return date for each such class which will provide a reasonable period of time within which the documentary material so demanded may be assembled and made available for inspection and copying; and (iii) Identify the false claims law investigator to whom such documentary material shall be made available. TUESDAY, MARCH 27, 2012 3749 (C) If such demand is for answers to written interrogatories, the demand shall: (i) Set forth with specificity the written interrogatories to be answered; (ii) Prescribe dates at which time the answers to such written interrogatories shall be submitted; and (iii) Identify the false claims law investigator to whom such answers shall be submitted. (D) If such demand is for the giving of oral testimony, the demand shall: (i) Prescribe a date, time, and place at which the oral testimony shall be commenced; (ii) Identify a false claims law investigator who shall conduct the examination and the custodian to whom the transcript of such examination shall be submitted; (iii) Specify that such attendance and testimony are necessary to the conduct of the investigation; (iv) Notify the person receiving the demand of the right to be accompanied by an attorney and any other representative; and (v) Describe the general purpose for which the demand is being issued and the general nature of the testimony, including the primary areas of inquiry, which will be taken pursuant to the demand. (E) Any civil investigative demand issued under this Code section which is an express demand for any product of discovery shall not be returned or returnable until 20 days after a copy of such demand has been served upon the person from whom the product of discovery was obtained. (F) The date prescribed for the commencement of oral testimony pursuant to a civil investigative demand issued under this Code section shall be a date which is not less than seven days after the date on which such demand is received, unless the Attorney General or his or her designee determines that exceptional circumstances are present which warrant the commencement of such testimony within a lesser period of time. (G) The Attorney General or his or her designee shall not authorize the issuance under this Code section of more than one civil investigative demand for oral testimony by the same person unless the person requests otherwise or unless the Attorney General, after investigation, notifies that person in writing that an additional demand for oral testimony is necessary. (c)(1) A civil investigative demand issued under subsection (b) of this Code section shall not require the production of any documentary material, the submission of any answers to written interrogatories, or the giving of any oral testimony if such documentary material, answers, or testimony would be protected from disclosure under: (A) Standards applicable to subpoenas or subpoenas duces tecum issued by a court of the state or of the United States to aid in a grand jury investigation; or (B) Standards applicable to discovery requests under Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' to the extent that the application of such standards to any such demand is appropriate and consistent with the provisions and purposes of 3750 JOURNAL OF THE SENATE this Code section. (2) Any such demand which is an express demand for any product of discovery supersedes any inconsistent order, rule, or provision of law, other than this Code section, preventing or restraining disclosure of such product of discovery to any person. Disclosure of any product of discovery pursuant to any such express demand shall not constitute a waiver of any right or privilege which the person making such disclosure may be entitled to invoke to resist discovery of trial preparation materials. (d)(1) Any civil investigative demand issued under subsection (b) of this Code section may be served in this state by a false claims law investigator or by a sheriff, deputy sheriff, marshal, or deputy marshal at any place within the territorial jurisdiction of any court of this state. (2) Any such demand or any petition filed under subsection (k) of this Code section may be served upon any person who is not found within the territorial jurisdiction of any court of this state in such manner as applicable law prescribes for service outside this state. To the extent that the courts of this state can assert jurisdiction over any such person consistent with due process, any such court shall have the same jurisdiction to take any action respecting compliance with this Code section by any such person that such court would have if such person were personally within the jurisdiction of such court. Compliance with this Code section may also be enforced in courts of other states, of the District of Columbia, and of the United States. (e)(1) Service of any civil investigative demand issued under subsection (b) of this Code section or of any petition filed under subsection (k) of this Code section may be made upon a partnership, corporation, association, or other legal entity by: (A) Delivering an executed copy of such demand or petition to any partner, executive officer, managing agent, or general agent of the partnership, corporation, association, or entity, or to any agent authorized by appointment or by law to receive service of process on behalf of such partnership, corporation, association, or entity; (B) Delivering an executed copy of such demand or petition to the principal office or place of business of the partnership, corporation, association, or entity; or (C) Depositing an executed copy of such demand or petition via the United States Postal Service by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to such partnership, corporation, association, or entity at its principal office or place of business. (2) Service of any such demand or petition may be made upon any natural person by: (A) Delivering an executed copy of such demand or petition to the person; or (B) Depositing an executed copy of such demand or petition via the United States Postal Service by registered or certified mail or statutory overnight delivery, return receipt requested, addressed to the person at the person's residence or principal office or place of business. (f) A verified return by the individual serving any civil investigative demand issued under subsection (b) of this Code section or any petition filed under subsection (k) of this Code section setting forth the manner of such service shall be proof of such service. TUESDAY, MARCH 27, 2012 3751 In the case of service by registered or certified mail or statutory overnight delivery, such return shall be accompanied by the return post office receipt or other receipt of delivery of such demand. (g)(1) The production of documentary material in response to a civil investigative demand served under this Code section shall be made under a sworn certificate, in such form as the demand designates, by: (A) In the case of a natural person, the person to whom the demand is directed; or (B) In the case of a person other than a natural person, a person having knowledge of the facts and circumstances relating to such production and authorized to act on behalf of such person. The certificate shall state that all of the documentary material required by the demand and in the possession, custody, or control of the person to whom the demand is directed has been produced and made available to the false claims law investigator identified in the demand. (2) Any person upon whom any civil investigative demand for the production of documentary material has been served under this Code section shall make such documentary material available for inspection and copying to the false claims law investigator identified in such demand at the principal place of business of such person, or at such other place as the false claims law investigator and the person thereafter may agree and prescribe in writing, or as the court may direct under paragraph (1) of subsection (k) of this Code section. Such documentary material shall be made so available on the return date specified in such demand, or on such later date as the false claims law investigator may prescribe in writing. Such person may, upon written agreement between the person and the false claims law investigator, substitute copies for originals of all or any part of such documentary material. (h) Each interrogatory in a civil investigative demand served under this Code section shall be answered separately and fully in writing under oath and shall be submitted under a sworn certificate, in such form as the demand designates, by: (1) In the case of a natural person, the person to whom the demand is directed; or (2) In the case of a person other than a natural person, the person or persons responsible for answering each interrogatory. If any interrogatory is objected to, the reasons for the objection shall be stated in the certificate instead of an answer. The certificate shall state that all information required by the demand and in the possession, custody, control, or knowledge of the person to whom the demand is directed has been submitted. To the extent that any information is not furnished, the information shall be identified and reasons set forth with particularity regarding the reasons why the information was not furnished. (i)(1) The examination of any person pursuant to a civil investigative demand for oral testimony served under this Code section shall be taken before an officer authorized to administer oaths and affirmations by the laws of this state, or of the United States, or of the place where the examination is held. The officer before whom the testimony is to be taken shall put the witness on oath or affirmation and shall, personally or by someone acting under the direction of the officer and in the officer's presence, record 3752 JOURNAL OF THE SENATE the testimony of the witness. The testimony shall be taken stenographically and shall be transcribed. When the testimony is fully transcribed, the officer before whom the testimony is taken shall promptly transmit a copy of the transcript of the testimony to the custodian. This subsection shall not preclude the taking of testimony by any means authorized by and in a manner consistent with Chapter 11 of Title 9, the 'Georgia Civil Practice Act.' (2) The false claims law investigator conducting the examination shall exclude from the place where the examination is held all persons except the person giving the testimony, the attorney for and any other representative of the person giving the testimony, the attorney for the state or local government, any person who may be agreed upon by the attorney for the state or local government and the person giving the testimony, the officer before whom the testimony is to be taken, and any stenographer taking such testimony. (3) The oral testimony of any person taken pursuant to a civil investigative demand served under this Code section shall be taken in the county within which such person resides, is found, or transacts business, or in such other place as may be agreed upon by the false claims law investigator conducting the examination and such person. (4) When the testimony is fully transcribed, the false claims law investigator or the officer before whom the testimony is taken shall afford the witness, who may be accompanied by counsel, a reasonable opportunity to examine and read the transcript, unless such examination and reading are waived by the witness. Any changes in form or substance which the witness desires to make shall be entered and identified upon the transcript by the officer or the false claims law investigator, with a statement of the reasons given by the witness for making such changes. The transcript shall then be signed by the witness, unless the witness in writing waives the signing, is ill, cannot be found, or refuses to sign. If the transcript is not signed by the witness within 30 days after being afforded a reasonable opportunity to examine it, the officer or the false claims law investigator shall sign it and state on the record the fact of the waiver, illness, absence, or the refusal to sign of the witness, together with the reasons, if any, given therefor. (5) The officer before whom the testimony is taken shall certify on the transcript that the witness was sworn by the officer and that the transcript is a true record of the testimony given by the witness, and the officer or false claims law investigator shall promptly deliver the transcript, or send the transcript by registered or certified mail, to the custodian. (6) Upon payment of reasonable charges therefor, the false claims law investigator shall furnish a copy of the transcript to the witness only, except that the Attorney General or his or her designee may, for good cause, limit such witness to inspection of the official transcript of the witness's testimony. (7)(A) Any person compelled to appear for oral testimony under a civil investigative demand issued under subsection (b) of this Code section may be accompanied, represented, and advised by counsel. Counsel may advise such person, in confidence, with respect to any question asked of such person. Such TUESDAY, MARCH 27, 2012 3753 person or counsel may object on the record to any question, in whole or in part, and shall briefly state for the record the reason for the objection. An objection may be made, received, and entered upon the record when it is claimed that such person is entitled to refuse to answer the question on the grounds of any constitutional or other legal right or privilege, including the privilege against self-incrimination. Such person may not otherwise object to or refuse to answer any question, and shall not, directly or through counsel, otherwise interrupt the oral examination. If such person refuses to answer any question, a petition may be filed in the superior court under paragraph (1) of subsection (k) of this Code section for an order compelling such person to answer such question. (B) If such person refuses to answer any question on the grounds of the privilege against self-incrimination, the testimony of such person may be compelled in accordance with the provisions of Title 24. (8) Any person appearing for oral testimony under a civil investigative demand issued under subsection (b) of this Code section shall be entitled to the same fees and allowances which are paid to witnesses in the superior courts and state courts of Georgia. (j)(1) The Attorney General shall designate a false claims law investigator to serve as custodian of documentary material, answers to interrogatories, and transcripts of oral testimony received under this Code section and shall designate such additional false claims law investigators as the Attorney General determines from time to time to be necessary to serve as deputies to the custodian. (2)(A) A false claims law investigator who receives any documentary material, answers to interrogatories, or transcripts of oral testimony under this Code section shall transmit them to the custodian. The custodian shall take physical possession of such documentary material, answers, or transcripts and shall be responsible for the use made of them and for the return of documentary material under paragraph (4) of this subsection. (B) The custodian may cause the preparation of such copies of such documentary material, answers to interrogatories, or transcripts of oral testimony as may be required for official use by any false claims law investigator or other officer or employee of the Attorney General or any other agency of the state or local government participating in an investigation of the matters in question. Such documentary material, answers, and transcripts may be used by any such authorized false claims law investigator or other officer or employee in connection with the taking of oral testimony under this Code section. (C) Except as otherwise provided in this subsection, no documentary material, answers to interrogatories, or transcripts of oral testimony, or copies thereof, while in the possession of the custodian, shall be available for examination by any individual other than a false claims law investigator or other officer or employee of the Attorney General or any other agency of the federal government or of a state or local government participating in an investigation of the matters in question authorized under subparagraph (B) of this paragraph. The prohibition in the 3754 JOURNAL OF THE SENATE preceding sentence on the availability of documentary material, answers, or transcripts shall not apply if consent is given by the person who produced such documentary material, answers, or transcripts, or, in the case of any product of discovery produced pursuant to an express demand for such documentary material, consent is given by the person from whom the discovery was obtained. Nothing in this subparagraph is intended to prevent disclosure to the General Assembly, including any committee or subcommittee of the General Assembly, or to any other agency of the state or local government or the United States for use by such agency in furtherance of its statutory responsibilities. (D) While in the possession of the custodian and under such reasonable terms and conditions as the Attorney General shall prescribe: (i) Documentary material and answers to interrogatories shall be available for examination by the person who produced such documentary material or answers, or by a representative of that person authorized by that person to examine such documentary material and answers; and (ii) Transcripts of oral testimony shall be available for examination by the person who produced such testimony, or by a representative of that person authorized by that person to examine such transcripts. (3) Whenever the Attorney General, an attorney for a local government, or an attorney for any agency of a local government participating in an investigation of the matter in question has been designated to appear before any court, grand jury, or state or local government or federal agency in any case or proceeding, the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony received under this Code section may deliver to such attorney such documentary material, answers, or transcripts for official use in connection with any such case or proceeding as such attorney determines to be required. Upon the completion of any such case or proceeding, such attorney shall return to the custodian any such documentary material, answers, or transcripts so delivered which have not passed into the control of such court, grand jury, or agency through introduction into the record of such case or proceeding. (4) If any documentary material has been produced by any person in the course of any false claims law investigation pursuant to a civil investigative demand under this Code section, and: (A) Any case or proceeding before the court or grand jury arising out of such investigation, or any proceeding before any state or local government or federal agency involving such documentary material, has been completed; or (B) No case or proceeding in which such documentary material may be used has been commenced within a reasonable time after completion of the examination and analysis of all documentary material and other information assembled in the course of such investigation, the custodian shall, upon written request of the person who produced such documentary material, return to such person any such documentary material, other than copies furnished to the false claims law investigator under paragraph (2) of TUESDAY, MARCH 27, 2012 3755 subsection (g) of this Code section or made for the state under subparagraph (B) of paragraph (2) of this subsection, which has not passed into the control of any court, grand jury, or agency through introduction into the record of such case or proceeding. (5) In the event of the death, disability, or separation from service of the custodian of any documentary material, answers to interrogatories, or transcripts of oral testimony produced pursuant to a civil investigative demand under this Code section, or in the event of the official relief of such custodian from responsibility for the custody and control of such documentary material, answers, or transcripts, the Attorney General or his or her designee shall promptly: (A) Designate another false claims law investigator to serve as custodian of such documentary material, answers, or transcripts; and (B) Transmit in writing to the person who produced such documentary material, answers, or testimony notice of the identity and address of the successor so designated. Any person who is designated to be a successor under this paragraph shall have, with regard to such documentary material, answers, or transcripts, the same duties and responsibilities as were imposed by this Code section upon that person's predecessor in office, except that the successor shall not be held responsible for any default or dereliction which occurred before that designation. (k)(1) Whenever any person fails to comply with any civil investigative demand issued under subsection (b) of this Code section, or whenever satisfactory copying or reproduction of any documentary material requested in such demand cannot be done and such person refuses to surrender such documentary material, the Attorney General or local government may file in any county or district in which such person resides, is found, or transacts business and serve upon such person a petition for an order of such court for the enforcement of the civil investigative demand. (2)(A) Any person who has received a civil investigative demand issued under subsection (b) of this Code section may file in the appropriate court and serve upon the false claims law investigator identified in such demand a petition for an order of the court to modify or set aside such demand. In the case of a petition addressed to an express demand for any product of discovery, a petition to modify or set aside such demand may be brought only in the superior court for any county in which the proceeding in which such discovery was obtained is or was last pending. Any petition under this subparagraph shall be filed: (i) Within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or (ii) Within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A) of this paragraph and may be based upon any failure of the demand to comply with the provisions of this Code section or upon any constitutional or other legal right or privilege of such person. During the 3756 JOURNAL OF THE SENATE pendency of the petition in the court, the court may stay, as it deems proper, the running of the time allowed for compliance with the demand, in whole or in part, except that the person filing the petition shall comply with any portions of the demand not sought to be modified or set aside. (3)(A) In the case of any civil investigative demand issued under subsection (b) of this Code section which is an express demand for any product of discovery, the person from whom such discovery was obtained may file in the superior court for the county in which the proceeding in which such discovery was obtained is or was last pending and serve upon any false claims law investigator identified in the demand and upon the recipient of the demand a petition for an order of such court to modify or set aside those portions of the demand requiring production of any such product of discovery. Any petition under this subparagraph shall be filed: (i) Within 20 days after the date of service of the civil investigative demand, or at any time before the return date specified in the demand, whichever date is earlier; or (ii) Within such longer period as may be prescribed in writing by any false claims law investigator identified in the demand. (B) The petition shall specify each ground upon which the petitioner relies in seeking relief under subparagraph (A) of this paragraph and may be based upon any failure of the portions of the demand from which relief is sought to comply with the provisions of this Code section or upon any constitutional or other legal right or privilege of the petitioner. During the pendency of the petition, the court may stay, as it deems proper, compliance with the demand and the running of the time allowed for compliance with the demand. (4) At any time during which any custodian is in custody or control of any documentary material or answers to interrogatories produced by, or transcripts of oral testimony given by, any person in compliance with any civil investigative demand issued under subsection (b) of this Code section, such person and, in the case of an express demand for any product of discovery, the person from whom such discovery was obtained, may file in the superior court for any county within which the office of such custodian is situated and serve upon such custodian a petition for an order of such court to require the performance by the custodian of any duty imposed upon the custodian by this Code section. (5) Whenever any petition is filed under this subsection in any superior court for any county, such court shall have jurisdiction to hear and determine the matter so presented and to enter such order or orders as may be required to carry out the provisions of this Code section. Any final order so entered shall be subject to appeal. Any disobedience of any final order entered under this Code section by any court shall be punished as a contempt of the court. (6) Chapter 11 of Title 9, the 'Georgia Civil Practice Act,' shall apply to any petition filed in this state under this subsection, to the extent that such rules are not inconsistent with the provisions of this Code section. (l) Any documentary material, answers to written interrogatories, or oral testimony TUESDAY, MARCH 27, 2012 3757 provided under any civil investigative demand issued under subsection (b) of this Code section shall be exempt from disclosure under Article 4 of Chapter 18 of Title 50. 23-3-126. (a) The provisions of this article shall not be deemed exclusive, and the remedies provided for in this article shall be in addition to any other remedies provided for in any other law or available under common law. (b) This Act shall be broadly construed and applied to promote the public's interest in combating fraud and false claims directed at the public's funds. 23-3-127. If a civil action can be commenced pursuant to Article 7B of Chapter 4 of Title 49, the 'State False Medicaid Claims Act,' the claimant shall proceed under Article 7B of Chapter 4 of Title 49." PART II SECTION 2-1. Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance, is amended by revising Article 7B, the "State False Medicaid Claims Act," as follows: "ARTICLE 7B 49-4-168. As used in this article, the term: (1) 'Claim' includes any request or demand, whether under a contract or otherwise, for money, property, or services money or property, whether or not the Georgia Medicaid program or this state has title to such money or property, which is made to the Georgia Medicaid program, or to any officer, employee, fiscal intermediary, grantee, agent, or contractor of the Georgia Medicaid program, or to other persons or entities if it results in payments by the Georgia Medicaid program, if the Georgia Medicaid program provides, has provided, or will provide any portion of the money or property requested or demanded;, or if the Georgia Medicaid program will reimburse the contractor, grantee, or other recipient for any portion of the money or property requested or demanded; or if the money or property is to be spent or used on behalf of or to advance the Georgia Medicaid program. A claim includes a request or demand made orally, in writing, electronically, or magnetically. Each claim may be treated as a separate claim. (2) 'Knowing' and 'knowingly' mean requires no proof of specific intent to defraud and means that a person, with respect to information: (A) Has actual knowledge of the information; (B) Acts in deliberate ignorance of the truth or falsity of the information; or 3758 JOURNAL OF THE SENATE (C) Acts in reckless disregard of the truth or falsity of the information. No proof of specific intent to defraud is required. (3) 'Material' means having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. (4) 'Obligation' means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee based or similar relationship, from statute or regulation, or from retention of any overpayment. (5) 'Person' means any natural person, corporation, company, association, firm, partnership, society, joint-stock company, or any other entity with capacity to sue or be sued. 49-4-168.1. (a) Any person who: (1) Knowingly presents or causes to be presented to the Georgia Medicaid program a false or fraudulent claim for payment or approval; (2) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false or fraudulent claim paid or approved by the Georgia Medicaid program material to a false or fraudulent claim; (3) Conspires to defraud the Georgia Medicaid program by getting a false or fraudulent claim allowed or paid; (4) Has possession, custody, or control of property or money used or to be used by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program or willfully to conceal the property, delivers, or causes to be delivered, less property than the amount for which the person receives a certificate of receipt knowingly delivers, or causes to be delivered, less than all of such property or money; (5) Being Is authorized to make or deliver a document certifying receipt of property used, or to be used, by the Georgia Medicaid program and, intending to defraud the Georgia Medicaid program, makes or delivers the receipt without completely knowing that the information on the receipt is true; (6) Knowingly buys, or receives as a pledge of an obligation or debt, public property from an officer or employee of the Georgia Medicaid program who lawfully may not sell or pledge the property; or (7) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay, repay, or transmit money or property to the State of Georgia material to an obligation to pay or transmit property or money to the Georgia Medicaid program, or knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit property or money to the Georgia Medicaid program, shall be liable to the State of Georgia for a civil penalty of not less than $5,500.00 and not more than $11,000.00 for each false or fraudulent claim, plus three times the amount of damages which the Georgia Medicaid program sustains because of the act of such person. TUESDAY, MARCH 27, 2012 3759 (b) The provisions of subsection (a) of this Code section notwithstanding, if the court finds that: (1) The person committing the violation of this subsection furnished officials of the Georgia Medicaid program with all information known to such person about the violation within 30 days after the date on which the defendant first obtained the information; (2) Such person fully cooperated with any government investigation of such violation; and (3) At the time such person furnished the Georgia Medicaid program with the information about the violation, no criminal prosecution, civil action, or administrative action had commenced under this article with respect to such violation, and the person did not have actual knowledge of the existence of an investigation into such violation, the court may assess not more than two times the amount of the actual damages which the Georgia Medicaid program sustained because of the act of such person. (c) A person violating any provision of subsection (a) of this Code section shall also be liable to this state for all costs of any civil action brought to recover the damages and penalties provided under this article. 49-4-168.2. (a) The Attorney General shall be authorized to investigate suspected, alleged, and reported violations of this article. If the Attorney General finds that a person has violated or is violating this article, then the Attorney General may bring a civil action against such person under this article. (b) Subject to the exclusions set forth in this Code section, a civil action under this article may also be brought by a private person. A civil action shall be brought in the name of the State of Georgia. The civil action may be dismissed only if the court and the Attorney General give written consent to the dismissal and state the reasons for consenting to such dismissal. (c) Where a private person brings a civil action under this article, such person shall follow the following special procedures: (1) A copy of the complaint and written disclosure of substantially all material evidence and information the person possesses shall be served on the Attorney General; (2) The complaint shall be filed in camera, shall remain under seal for at least 60 days, and shall not be served on the defendant until the court so orders. The purpose of the period under seal shall be to allow the Attorney General to investigate the allegations of the complaint. The Attorney General may elect to intervene and proceed with the civil action within 60 days after it receives both the complaint and the material evidence and information; (3) The Attorney General may, for good cause shown, move the court for extensions of the time during which the complaint remains under seal under paragraph (2) of this subsection. Any such motions may be supported by affidavits or other submissions in 3760 JOURNAL OF THE SENATE camera; (4) Before the expiration of the 60 day period or any extensions obtained under paragraph (3) of this subsection, the Attorney General shall: (A) Proceed with the civil action, in which case the civil action shall be conducted by the Attorney General; or (B) Notify the court that it declines to take over the civil action, in which case the person bringing the civil action shall have the right to proceed with the civil action; (5) The defendant shall not be required to respond to any complaint filed under this Code section until 30 days after the complaint is unsealed and served upon the defendant; and (6) When a person brings a civil action under this subsection, no person other than the Attorney General may intervene or bring a related civil action based on the facts underlying the pending civil action. (d)(1) If the Attorney General elects to intervene and proceed with the civil action, he or she shall have the primary responsibility for prosecuting the civil action and shall not be bound by an act of the person bringing such civil action. Such person shall have the right to continue as a party to the civil action, subject to the limitations set forth in this subsection. (2) The Attorney General may dismiss the civil action, notwithstanding the objections of the person initiating the civil action, if the person has been notified by the Attorney General of the filing of the motion and the court has provided the person with an opportunity for a hearing on the motion. (3) The Attorney General may settle the civil action with the defendant notwithstanding the objections of the person initiating the civil action if the court determines, after a hearing, that the proposed settlement is fair, adequate, and reasonable under all the circumstances. Upon a showing of good cause, such hearing may be held in camera. (4) Upon a showing by the Attorney General that unrestricted participation during the course of the litigation by the person initiating the civil action would interfere with or unduly delay the Attorney General's litigation of the case, or would be repetitious, irrelevant, or for purposes of harassment, the court may, in its discretion, impose limitations on the person's participation, such as: (A) Limiting the number of witnesses the person may call; (B) Limiting the length of the testimony of such witnesses; (C) Limiting the person's cross-examination of witnesses; or (D) Otherwise limiting the participation by the person in the litigation. (e) Upon a showing by the defendant that unrestricted participation during the course of the litigation by the person initiating the civil action would be for purposes of harassment or would cause the defendant undue burden or unnecessary expense, the court may limit the participation by the person in the litigation. (f) If the Attorney General elects not to proceed with the civil action, the person who initiated the civil action shall have the right to conduct the civil action. If the Attorney General so requests, he or she shall be served with copies of all pleadings filed in the TUESDAY, MARCH 27, 2012 3761 civil action and shall be supplied with copies of all deposition transcripts. When a person proceeds with the civil action, the court may nevertheless permit the Attorney General to intervene at a later date for any purpose, including, but not limited to, dismissal of the civil action notwithstanding the objections of the person initiating the civil action if such person has been notified by the Attorney General of the filing of such motion and the court has provided such person with an opportunity for a hearing on such motion. (g) Whether or not the Attorney General proceeds with the civil action, upon a showing by the Attorney General that certain actions of discovery by the person initiating the civil action would interfere with the Attorney General's investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay such discovery for a period of not more than 60 days. Such a showing shall be conducted in camera. The court may extend the 60 day period upon a further showing in camera that the Attorney General has pursued the criminal or civil investigation or proceedings with reasonable diligence and any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceedings. (h) Notwithstanding subsections (b) and (c) of this Code section, the Attorney General may elect to pursue this state's claim through any alternate remedy available to the Attorney General, including any administrative proceeding to determine a civil money penalty. If any such alternate remedy is pursued in another proceeding, the person initiating the civil action shall have the same rights in such proceeding as such person would have had if the civil action had continued under this Code section. Any finding of fact or conclusion of law made in such other proceeding that has become final shall be conclusive on all parties to a civil action under this Code section. For purposes of this subsection, a finding or conclusion is final if it has been finally determined on appeal to the appropriate court of the State of Georgia, if all time for filing such an appeal with respect to the finding or conclusion has expired, or if the finding or conclusion is not subject to judicial review. (i)(1) If the Attorney General proceeds with a civil action brought by a private person under subsection (b) of this Code section, such person shall, subject to the second sentence of this paragraph, receive at least 15 percent but not more than 25 percent of the proceeds of the civil action or settlement of the claim, depending upon the extent to which the person substantially contributed to the prosecution of the civil action. Where the civil action is one which the court finds to be based primarily on disclosures of specific information, other than information provided by the person bringing the civil action, relating to allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Attorney General hearing, audit, or investigation, or from the news media, the court may award such sums as it considers appropriate, but in no case more than 10 percent of the proceeds, taking into account the significance of the information and the role of the person bringing such civil action in advancing the case to litigation. Any payment to a person under the first or second sentence of this paragraph shall be made from the proceeds. The remaining proceeds shall be payable to the Indigent Care Trust Fund to be used for 3762 JOURNAL OF THE SENATE the purposes set forth in Code Section 31-8-154 State of Georgia, by and through the Georgia Department of Community Health, for the purposes of operating, sustaining, protecting, and administering the Georgia Medicaid program. Any such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (2) If the Attorney General does not proceed with a civil action under this Code section, the person bringing the civil action or settling the claim shall receive an amount which the court decides is reasonable for collecting the civil penalty and damages. Such amount shall be not less than 25 percent and not more than 30 percent of the proceeds of the civil action or settlement and shall be paid out of such proceeds. The remaining proceeds shall be payable to the Indigent Care Trust Fund to be used for the purposes set forth in Code Section 31-8-154 State of Georgia, by and through the Georgia Department of Community Health, for the purposes of operating, sustaining, protecting, and administering the Georgia Medicaid program. Such person shall also receive an amount for reasonable expenses which the court finds to have been necessarily incurred, plus reasonable attorney's fees and costs. All such expenses, fees, and costs shall be awarded against the defendant. (3) Whether or not the Attorney General proceeds with the civil action, if the court finds that the civil action was brought by a person who planned and initiated the violation of Code Section 49-4-168.1 upon which the civil action was brought, then the court may, to the extent the court considers appropriate, reduce the share of the proceeds of the civil action which the person would otherwise receive under paragraph (1) or (2) of this subsection, taking into account the role of that person in advancing the case to litigation and any relevant circumstances pertaining to the violation. If the person bringing the civil action is convicted of criminal conduct arising from his or her role in the violation of Code Section 49-4-168.1, such person shall be dismissed from the civil action and shall not receive any share of the proceeds of the civil action. Such dismissal shall not prejudice the right of the State of Georgia to continue the civil action, represented by the Attorney General. (4) If the Attorney General does not proceed with the civil action and the person bringing the civil action conducts the civil action, the court may award to the defendant its reasonable attorney's fees and expenses against the person bringing the civil action if the defendant prevails in the civil action and the court finds that the claim of the person bringing the civil action was clearly frivolous, clearly vexatious, or brought primarily for purposes of harassment. (5) The State of Georgia shall not be liable for expenses which a private person incurs in bringing a civil action under this article. (j) For purposes of this subsection, 'public employee,' 'public official,' and 'public employment' shall include federal, state, and local employees and officials. (1) No civil action may be brought under this article by a person who is or was a public employee or public official if the allegations of such action are substantially based upon: TUESDAY, MARCH 27, 2012 3763 (A) Allegations of wrongdoing or misconduct which such person had a duty or obligation to report or investigate within the scope of his or her public employment or office; or (B) Information or records to which such person had access as a result of his or her public employment or office. (2) No court shall have jurisdiction over a civil action under this article based upon the public disclosure of allegations or transactions in a criminal, civil, or administrative hearing, in a legislative, administrative, or Attorney General report, hearing, audit, or investigation, or from the news media, unless the civil action is brought by the Attorney General or unless the person bringing the civil action is an original source of the information. For purposes of this paragraph, 'original source' means an individual who has direct and independent knowledge of the information on which the allegations are based and has voluntarily provided the information to this state before filing a civil action under this Code section based on such information. (3) In no event may a person bring a civil action under this article which is based upon allegations or transactions which are the subject of a civil or administrative proceeding to which the State of Georgia is already party. (k)(4) No civil action may be brought under this article with respect to any claim relating to the assessment, payment, nonpayment, refund, or collection of taxes pursuant to any provisions of Title 48. (l)(1) As used in this subsection, the term 'original source' means an individual who: (A) Prior to public disclosure, has voluntarily disclosed to the Attorney General the information on which allegations or transactions in a claim are based; or (B) Has knowledge that is independent of and materially adds to publicly disclosed allegations or transactions and who has voluntarily provided such information to the Attorney General before filing a civil action under this Code section. (2) The court shall dismiss a civil action or claim under this Code section, unless opposed by the Attorney General, if substantially the same allegations or transactions as alleged in the action or claim were publicly disclosed: (A) In any criminal, civil, or administrative hearing in which the State of Georgia or its employee, agent, or contractor is a party; (B) In a congressional, legislative, or other state or federal report, hearing, audit, or investigation; or (C) From the news media, unless the civil action is brought by the Attorney General or the person bringing the civil action is an original source of the information. 49-4-168.3. (a) In any civil action brought under this article, the State of Georgia or person bringing the civil action shall be required to prove all essential elements of the cause of civil action, including damages, by a preponderance of the evidence. (b) Except as otherwise provided in this article, all civil actions brought under this article shall be governed by the provisions of Chapter 11 of Title 9, the 'Georgia Civil 3764 JOURNAL OF THE SENATE Practice Act.' (c) If the Attorney General elects to intervene and proceed with a civil action brought pursuant to this article, the Attorney General may file his or her own complaint or amend the complaint of a person who has brought a civil action under this article to clarify or add detail to the claims in which the Attorney General is intervening and to add any additional claims with respect to which the State of Georgia contends it is entitled to relief. For purposes of the statute of limitations, any such pleading by the Attorney General shall relate back to the filing date of the complaint of the person who originally brought the civil action, to the extent that the claim of the State of Georgia arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth, in the original complaint by such person. 49-4-168.4. Any employee who is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because of lawful acts done by the employee, on behalf of the employee or others, in furtherance of a civil action under this article, including investigation for, initiation of, testimony for, or assistance in a civil action filed or to be filed under this article, shall be entitled to all relief necessary to make the employee whole. Such relief shall include reinstatement with the same seniority status such employee would have had but for the discrimination, two times the amount of back pay, interest on the back pay award, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. An employee may bring a civil action in an appropriate court of the State of Georgia for the relief provided in this Code section. (a) Any employee, contractor, or agent shall be entitled to all relief necessary to make such employee, contractor, or agent whole, if that employee, contractor, or agent is discharged, demoted, suspended, threatened, harassed, or in any other manner discriminated against in the terms and conditions of employment because of lawful acts done by such employee, contractor, agent or associated others in furtherance of a civil action under this Code section or other efforts to stop one or more violations of this article. (b) Relief under subsection (a) of this Code section shall include reinstatement with the same seniority status that such employee, contractor, or agent would have had but for the discrimination, two times the amount of back pay, interest on the back pay, and compensation for any special damages sustained as a result of the discrimination, including litigation costs and reasonable attorney's fees. A civil action under this subsection may be brought in an appropriate court of this state for the relief provided in this Code section. (c) Notwithstanding Code Section 49-4-168.5, a civil action under this Code section may not be brought more than three years after the date when the discrimination occurred. TUESDAY, MARCH 27, 2012 3765 49-4-168.5. All civil actions under this article shall be filed pursuant to Code Section 49-4-168.2 within six years after the date the violation was committed, or three four years after the date when facts material to the right of civil action are known or reasonably should have been known by the state official charged with the responsibility to act in the circumstances, whichever occurs last; provided, however, that in no event shall any civil action be filed more than ten years after the date upon which the violation was committed. 49-4-168.6. All civil actions brought against natural persons under this article shall be brought in the county where the defendant or, in the case of multiple defendants or of defendants who are not residents of the State of Georgia, in any county where any one defendant resides, can be found, transacts business, or commits an act in furtherance of the submittal of a false or fraudulent claim to the Georgia Medicaid program." 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: E Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y Orrock Y Paris E Ramsey Rogers Y Seay Shafer Y Sims Y Staton Stone Y Stoner E Tate Thompson, C Y Thompson, S Y Tippins 3766 JOURNAL OF THE SENATE Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 42, nays 0. HB 822, having received the requisite constitutional majority, was passed by substitute. The following communication was received by the Secretary: Senator Chip Rogers District 21 236 State Capitol Atlanta, GA 30334 Committees: Administrative Affairs Appropriations Assignments Finance Insurance and Labor Reapportionment and Redistricting Rules Education and Youth The State Senate Atlanta, Georgia 30334 March 27, 2012 Honorable Bob Ewing Secretary of the Senate 353 State Capitol Atlanta, Georgia 30334 Dear Bob, During the vote for HB 822, I was outside the Chamber doing business with a House member. Please record, I intended to vote yes on HB 822. If you have any questions, please feel free to contact my office. Sincerely, /s/ Chip Rogers Majority Leader - State Senate TUESDAY, MARCH 27, 2012 3767 The following Senators were excused for business outside the Senate Chamber: Ligon, Jr. of the 3rd Stoner of the 6th HB 827. By Representatives Hembree of the 67th, Talton of the 145th, Purcell of the 159th, Hanner of the 148th, Neal of the 1st and others: A BILL to be entitled an Act to amend Article 15 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to serious traffic offenses, so as to modify provisions relating to fleeing or attempting to elude a pursuing police vehicle or police officer; to increase the penalty for fleeing or attempting to elude under certain circumstances; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers E Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones E Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 47, nays 0. Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams HB 827, having received the requisite constitutional majority, was passed. 3768 JOURNAL OF THE SENATE HB 846. By Representatives Knight of the 126th and Peake of the 137th: 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 various administrative and procedural requirements of the Department of Revenue; to provide procedures with respect to the publication of letter rulings; to define the term "ruling"; to substantially modernize the provisions governing the commissioner's levy and sale of personal property; to authorize the commissioner to electronically store, retrieve, and transmit tax executions; to provide that the executions so stored are treated as originals for all purposes; to provide for related matters; to provide for an effective date and applicability; 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones E Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone E Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 1. HB 846, having received the requisite constitutional majority, was passed. TUESDAY, MARCH 27, 2012 3769 Senator Henson of the 41st was excused for business outside the Senate Chamber. HB 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th: A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The Senate Finance Committee offered the following substitute to HB 851: A BILL TO BE ENTITLED AN ACT To amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; 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 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, is revised as follows: "48-6-73. Each collecting officer shall make a report to the commissioner by the tenth day of each month on forms prescribed by the commissioner of all sums collected and remitted under this article for the preceding month. The collecting officer shall retain 6 percent of the tax collected as compensation for said officer's services in collecting the tax. All such taxes shall be deemed to have been collected by the collecting officer in said officer's official capacity. Failure to collect and distribute the tax as provided by law shall constitute a breach of the official duty and of the official bond of the collecting officer. In each county in which the collecting officer is on a salary, the 6 percent commission allowed by this Code section shall be paid into the county treasury and shall become county property. The long-term notes secured by real property upon which this tax is based shall not be placed upon the property tax digest prepared and maintained by the tax receiver. It is the intention of the General Assembly that the 6 percent commission permitted under this article for the collection and distribution of 3770 JOURNAL OF THE SENATE this tax by the collecting officer shall be the only compensation permitted to any collecting officer with respect to this tax. In counties having a population of more than 650,000, according to the United States decennial census of 2000 or any future such census, however, the commission allowed under this article as compensation to the collecting officer shall be 4 percent." 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath E Henson Y Hill, Jack E Hill, Judson Hooks (PRS) Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones E Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 851, having received the requisite constitutional majority, was passed by substitute. TUESDAY, MARCH 27, 2012 3771 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 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The President resumed the Chair. The Calendar was resumed. HB 861. By Representatives Harden of the 28th, Ramsey of the 72nd, Allison of the 8th, Dempsey of the 13th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers, so as to require law enforcement agencies to report drug related arrests to the Department of Human Services; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to require drug testing for applicants and recipients of state administered TANF benefits; to provide for legislative intent; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The Senate Health and Human Services Committee offered the following substitute to HB 861: 3772 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To provide a short title; to provide a statement of legislative intent; 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 define certain terms; to provide that the Department of Human Services shall create an established drug test to be administered to each applicant for temporary assistance for needy families; to provide requirements; to provide that each applicant shall undergo a drug test in order to qualify for benefits; to provide that any person who fails such drug test shall be ineligible to receive benefits; to provide for reapplication; to provide for children's benefits; to provide for confidentiality of records; 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 "Social Responsibility and Accountability Act." SECTION 2. It is the intent of the General Assembly to: (1) Ensure that TANF funds are ultimately utilized for the intended purpose of alleviating the effects of poverty and are not diverted to illicit drug use; (2) Protect children of poverty by ensuring such funds strengthen family life and reduce the danger that illicit drugs will be introduced into the home environment; (3) Assist adults addicted to drugs to avoid the temptation and restructure their lives by focusing on employment and becoming better parents; and (4) Ensure that the government does not subsidize the public health risk posed by drug use and the associated criminal activities. SECTION 3. Article 9 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to temporary assistance for needy families, is amended by adding a new Code section to read as follows: "49-4-193. (a) As used in this Code section, the term 'established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 C.F.R. 11979, et seq., as amended) or other professionally valid procedures approved by the department; provided, however, that where possible and practicable, a swab test shall be used in lieu of a urinalysis. (b) The department shall adopt rules and regulations for an established drug test which TUESDAY, MARCH 27, 2012 3773 shall include the following: (1) Which illegal drugs will be the subject of testing; (2) Methods for assuring minimal privacy intrusions during collection of body fluid specimens for such testing; (3) Methods for assuring proper storage, transportation, and handling of such specimens in order to ensure the integrity of the testing process; (4) The identity of those persons entitled to the results of such tests and methods for ensuring that only authorized persons are given access to such results; (5) A list of laboratories qualified to conduct established drug tests; (6) A list of approved substance abuse treatment providers; (7) Procedures for persons undergoing drug testing, prior to the collection of body fluid specimens for such testing, to provide information regarding use of any drug pursuant to a medical prescription or as otherwise authorized by law which may affect the results of such test; (8) A requirement that the test be conducted no later than 48 hours after the application is approved by the department for TANF eligibility. Proof of eligibility from the department shall be issued to the applicant. The applicant shall show proof of eligibility to an authorized test examiner prior to submitting to the test; and (9) A requirement that any applicant who demonstrates proof of active and current Medicaid benefits shall pay a drug screening application fee of no more than $17.00, and no authorized test examiner shall conduct a drug test if an applicant demonstrates active and current Medicaid benefits unless the applicant presents a receipt proving that he or she has paid the required drug screening application fee. Eligible applicants who do not have active and current Medicaid benefits shall be responsible for paying the full cost of administering the drug test upon presentation to an authorized examiner. (c) The department shall require a drug test consistent with subsection (b) of this Code section to screen each individual who applies for assistance. The cost of drug testing shall be the responsibility of the individual tested, provided that the individual does not submit proof of active Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (9) of subsection (b) of this Code section. No assistance payment shall be delayed because of the requirements of this Code section, and any payments made prior to the department's receipt of a test result showing a failure shall be recoverable. (d) Any recipient of cash assistance under this article who tests positive for controlled substances as a result of a drug test required under this Code section shall be ineligible to receive TANF benefits as follows: (1) For a first positive result, the recipient shall be ineligible for TANF benefits for one month and until he or she tests negative in a retest; (2) For a second positive result, the recipient shall be ineligible for TANF benefits for three months and until he or she tests negative in a retest; and (3) For a third and each subsequent positive result, the recipient shall be ineligible for TANF benefits for one year and until he or she tests negative in a retest unless the 3774 JOURNAL OF THE SENATE individual meets the requirements of subsection (f) of this Code section. (e) The department shall: (1) Provide notice of drug testing to each individual at the time of application. The notice shall advise the individual that drug testing will be conducted as a condition for receiving TANF benefits and that the individual shall bear the cost of testing. If the individual tests negative for controlled substances, the department shall increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing. However, if the individual used an active and current Medicaid benefit pursuant to paragraph (9) of subsection (b) of this Code section to subsidize the cost of the test, the individual shall not be eligible for direct TANF reimbursement. The individual shall be advised that the required drug testing may be avoided if the individual does not apply for TANF benefits. Dependent children under the age of 18 are exempt from the drug testing requirement; (2) Require that for two-parent families, one parent shall comply with the drug testing requirement; (3) Require that any teen parent who is not required to live with a parent, legal guardian, or other adult caretaker relative shall comply with the drug testing requirement; (4) Advise each individual to be tested, before the test is conducted, that he or she may, but is not required to, advise the agent administering the test of any prescription or over the counter medication he or she is taking; (5) Require each individual to be tested to sign a written acknowledgment that he or she has received and understood the notice and advice provided under paragraphs (1) and (4) of this subsection; (6) Assure each individual being tested a reasonable degree of dignity while producing and submitting a sample for drug testing, consistent with the state's need to ensure the reliability of the sample; (7) Specify circumstances under which an individual who fails a drug test has the right to take one or more additional tests; (8) Inform an individual who tests positive for a controlled substance and is deemed ineligible for TANF benefits for one year pursuant to paragraph (3) of subsection (d) of this Code section that the individual may reapply for those benefits six months after the date of the positive drug test if he or she meets the requirements of subsection (f) of this Code section; and (9) Provide any individual who tests positive with a list of substance abuse treatment providers approved by the department which are available in the area in which he or she resides. Neither the department nor the state shall be responsible for providing or paying for substance abuse treatment. (f) An individual who tests positive for an illegal drug and is denied TANF benefits for one year may reapply for TANF benefits after six months if the individual can document the successful completion of a substance abuse treatment program offered by a provider approved by the department. An individual who has met the requirements of this subsection and reapplies for TANF benefits shall also pass an initial drug test and TUESDAY, MARCH 27, 2012 3775 meet the requirements of subsection (c) of this Code section. Any drug test conducted while the individual is undergoing substance abuse treatment shall meet the requirements of subsection (b) of this Code section. The cost of any drug testing provided under this Code section and substance abuse treatment shall be the responsibility of the individual being tested and receiving treatment. An individual who fails the drug test required under subsection (c) of this Code section may reapply for TANF benefits under this subsection only once. (g) If a parent is deemed ineligible for TANF benefits as a result of failing a drug test conducted under this Code section: (1) The dependent child's eligibility for TANF benefits shall not be affected; (2) An appropriate protective payee shall be designated to receive benefits on behalf of the child; and (3) The parent may choose to designate another individual to receive benefits for the parent's minor child. The designated individual must be an immediate family member or, if an immediate family member is not available or the family member declines the option, another individual approved by the department. The designated individual shall also undergo drug testing before being approved to receive benefits on behalf of the child. If the designated individual tests positive for controlled substances, he or she shall be ineligible to receive benefits on behalf of the child. (h) The results of any drug test done according to this Code section shall not be subject to disclosure under Article 4 of Chapter 18 of Title 50, relating to inspection of public records. Such results shall not be used as a part of a criminal investigation or criminal prosecution. Such results shall not be used in a civil action or otherwise disclosed to any person or entity without the express written consent of the person tested or his or her heirs or legal representative. All such records shall be destroyed and deleted five years after the date of the test. (i) No testing shall be required by the provisions of this Code section for any person whom the department determines is significantly hindered, because of a physical or mental handicap or developmental disability, from doing so or for any person enrolled in an enhanced primary care case management program operated by the Department of Community Health, Division of Medical Assistance to serve frail elderly and disabled beneficiaries to improve the health outcomes of persons with chronic health conditions by linking primary medical care with home and community based services. (j) The department shall adopt rules to implement this Code section." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senators Jackson of the 2nd and Orrock of the 36th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to HB 861 (LC 21 1825S) by adding "and" at the end of line 49, by replacing "; and" with "." on line 53 and by deleting lines 54 through 60. 3776 JOURNAL OF THE SENATE By striking from lines 63 through 65 the following: , provided that the individual does not submit proof of active Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (9) of subsection (b) of this Code section By striking from lines 84 through 86 the following: However, if the individual used an active and current Medicaid benefit pursuant to paragraph (9) of subsection (b) of this Code section to subsidize the cost of the test, the individual shall not be eligible for direct TANF reimbursement. On the adoption of the amendment, the President asked unanimous consent. Senator Albers of the 56th 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: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay Shafer Y Sims N Staton N Stone Y Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 33, and the Jackson of the 2nd, Orrock amendment #1 to the committee substitute was lost. Senators Henson of the 41st and Paris of the 26th offered the following amendment #2: Amend the Senate Health and Human Services Committee substitute to HB 861 (LC 21 1825S) by adding "and" at the end of line 49, by replacing "; and" with "." on line 53 and by deleting lines 54 through 60. TUESDAY, MARCH 27, 2012 3777 By striking from lines 62 through 65 the following: The cost of drug testing shall be the responsibility of the individual tested, provided that the individual does not submit proof of active Medicaid benefits to subsidize the cost of such drug testing pursuant to paragraph (9) of subsection (b) of this Code section. By striking "individual" on line 81 and inserting in its place "department". By striking from lines 81 through 86 the following: If the individual tests negative for controlled substances, the department shall increase the amount of the initial TANF benefit by the amount paid by the individual for the drug testing. However, if the individual used an active and current Medicaid benefit pursuant to paragraph (9) of subsection (b) of this Code section to subsidize the cost of the test, the individual shall not be eligible for direct TANF reimbursement. By replacing lines 121 through 123 with the following: subsection (b) of this Code section. The cost of any substance abuse treatment shall be the responsibility of the individual receiving treatment. An individual who fails the drug test required under On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 34, and the Henson, Paris amendment #2 to the committee substitute was lost. 3778 JOURNAL OF THE SENATE Senators Fort of the 39th, Jackson of the 2nd, Orrock of the 36th and Paris of the 26th offered the following amendment #3: Amend the Senate Health and Human Services Committee substitute to HB 861 (LC 21 1825S) by replacing lines 29 through 34 with the following: (a) As used in this Code section, the term: (1) 'Applicant' or 'individual' means a parent of a dependent child applying or reapplying for TANF benefits. (2) 'Established drug test' means the collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (53 C.F.R. 11979, et seq., as amended) or other professionally valid procedures approved by the department; provided, however, that where possible and practicable, a swab test shall be used in lieu of a urinalysis. By replacing "individual" with "person" on lines 131, 132, 134, and 136. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 33, and the Fort, et al. amendment #3 to the committee substitute was lost. TUESDAY, MARCH 27, 2012 3779 Senators Orrock of the 36th, Jackson of the 2nd and Paris of the 26th offered the following amendment #4: Amend the Senate Health and Human Services Committee substitute to HB 861 (LC 21 1825S) by inserting after "matters;" on line 9 the following: to provide for a contingent effective date; By inserting between lines 152 and 153 the following: SECTION 4. This Act shall become effective only if funds are specifically appropriated for purposes of this Act in an appropriations Act making specific reference to this Act and shall become effective when funds so appropriated become available for expenditure. By redesignating Section 4 as Section 5. On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 16, nays 34, and the Orrock, et al. amendment #4 to the committee substitute was lost. 3780 JOURNAL OF THE SENATE Senator Carter of the 42nd offered the following amendment #5: Amend the Senate Health and Human Services Committee substitute to HB 861 (LC 21 1825S) by adding after "assistance" on line 62 the following: and who the department has reason to believe is using illegal drugs On the adoption of the amendment, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J Chance N Cowsert N Crane N Crosby Y Davenport Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk Y McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner E Tate Y Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 17, nays 32, and the Carter of the 42nd amendment #5 to the committee substitute was lost. Senators Albers of the 56th and Unterman of the 45th offered the following amendment #6: Amend the LC 21 1825S substitute to HB 861 by revising line 151 as follows: linking primary medical care with home and community based services. In addition, no testing shall be required by the provisions of this Code section for any individuals receiving or on a waiting list for long-term services and supports through a non-Medicaid home and community based services program or for any individual residing in a facility such as a nursing home, personal care home, assisted living community, intermediate care facility for the mentally retarded, community living arrangement, or host home. TUESDAY, MARCH 27, 2012 3781 On the adoption of the amendment, the yeas were 32, nays 1, and the Albers, Unterman amendment #6 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner E Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 36, nays 15. HB 861, having received the requisite constitutional majority, was passed by substitute. 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. HB 896. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for 3782 JOURNAL OF THE SENATE educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. The Senate Finance Committee offered the following substitute to HB 896: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, is amended by revising Code Section 48-8143, relating to distribution of sales tax for educational purposes, as follows: "48-8-143. The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless for independent school systems with less than 3,000 full-time equivalent students, another distribution formula is provided for by the enactment of a local Act agreement of all participating parties. Any such local Act agreement providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed." SECTION 2. (a) This Act shall become effective on January 1, 2013, only if a Constitutional amendment is ratified at the November, 2012, general election providing that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and an independent school district located in such county which has less than 3,000 fulltime equivalent students. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. TUESDAY, MARCH 27, 2012 3783 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 896, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitute to the following Bill of the House: 3784 JOURNAL OF THE SENATE HB 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Hamrick of the 30th moved to suspend Senate Rules to reorder the Rules Calendar and place HB 1176 upon its passage. There was no objection. HB 1176. By Representatives Golick of the 34th, Neal of the 1st, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 and Title 16 of the O.C.G.A., relating to general provisions relative to courts and crimes and offenses, respectively, so as to enact provisions recommended by the 2011 Special Council on Criminal Justice Reform for Georgians and enact other criminal justice reforms; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to extend certain statutes of limitations; to amend Code Section 19-7-5 of the O.C.G.A, relating to reporting of child abuse, so as to expand mandatory reporting requirements; to amend Article 2 of Chapter 3 of Title 35 of the O.C.G.A., relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to amend Title 42 of the O.C.G.A, relating to penal institutions, so as to provide for the use of evidence based practices in supervising inmates, probationers, and parolees; to amend certain Titles of the O.C.G.A., so as to conform provisions and correct cross-references. Senate Sponsor: Senator Hamrick of the 30th. Senator Chance of the 16th asked unanimous consent that he be excused from voting on HB 1176 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Chance was excused. Senator Hamrick of the 30th offered the following amendment #1: Amend HB 1176 (LC 29 5281S) by replacing lines 1 through 5 with the following: TUESDAY, MARCH 27, 2012 3785 To amend Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, so as to change provisions relating to the state's right to appeal; to amend Titles 15, 16, 17, 35, and 42 of the Official Code of By replacing lines 46 through 52 with the following: Chapter 7 of Title 5 of the Official Code of Georgia Annotated, relating to appeal or certiorari by the state in criminal cases, is amended by revising paragraph (7) of subsection (a) of Code Section 5-7-1, relating to orders, decisions, or judgments appealable, as follows: "(7) From an order, decision, or judgment of a superior court granting a motion for new trial or an extraordinary motion for new trial;" SECTION 1-2. Said chapter is further amended by revising paragraph (2) of subsection (b) of Code Section 5-7-2, relating to certification required for immediate review of nonfinal orders, decisions, or judgments and exceptions, as follows: "(2) Order, decision, or judgment described in paragraph (1) or (7) of subsection (a) of Code Section 5-7-1." On the adoption of the amendment, there were no objections, and the Hamrick amendment #1 was adopted. Senator Hamrick of the 30th offered the following amendment #2: Amend HB 1176 (LC 29 5281S) by revising lines 318 through 398 as follows: (a) As used in this Code section, the term: (1) 'Dwelling' means any building, structure, or portion thereof which is designed or intended for occupancy for residential use. (2) 'Railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. (a)(b) A person commits the offense of burglary in the first degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within the an occupied, unoccupied, or vacant dwelling house of another or any building, vehicle, railroad car, watercraft, aircraft, or other such structure designed for use as the dwelling of another or enters or remains within any other building, railroad car, aircraft, or any room or any part thereof. A person convicted of who commits the offense of burglary, for the first such offense in the first degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than 20 years. For the purposes of this Code section, the term 'railroad car' shall also include trailers on flatcars, containers on flatcars, trailers on railroad property, or containers on railroad property. Upon the second conviction for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than two nor more that 20 years. Upon the third 3786 JOURNAL OF THE SENATE and all subsequent convictions for burglary in the first degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than five nor more than 25 years. (c) A person commits the offense of burglary in the second degree when, without authority and with the intent to commit a felony or theft therein, he or she enters or remains within an occupied, unoccupied, or vacant building, structure, vehicle, railroad car, watercraft, or aircraft. A person who commits the offense of burglary in the second degree shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years. Upon the second and all subsequent convictions for burglary in the second degree, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than eight years. (b)(d) Upon a second conviction fourth and all subsequent convictions for a crime of burglary occurring after the first conviction, a person shall be punished by imprisonment for not less than two 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 nor more than 20 years. Adjudication in any degree, adjudication of guilt or imposition of sentence shall not be suspended, probated, deferred, or withheld for any offense punishable under this subsection." On the adoption of the amendment, there were no objections, and the Hamrick amendment #2 was adopted. Senator Hamrick of the 30th offered the following amendment #3: Amend HB 1176 (LC 29 5281S) by deleting "misdemeanor" on line 414. On the adoption of the amendment, there were no objections, and the Hamrick amendment #3 was adopted. Senator Hamrick of the 30th offered the following amendment #4: Amend HB 1176 (LC 29 5281S) by replacing "including" with "other than"on line 603. By replacing lines 608 through 612 with the following: defraud he or she knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1,500.00 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or (2) Possesses ten or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. TUESDAY, MARCH 27, 2012 3787 By replacing lines 614 through 618 with the following: defraud he or she knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of less than $1,500.00 in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or (2) Possesses less than ten checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. On the adoption of the amendment, there were no objections, and the Hamrick amendment #4 was adopted. Senator Hamrick of the 30th offered the following amendment #5: Amend HB 1176 (LC 29 5281S) by replacing lines 713 through 716 with the following: (f) Reserved. On the adoption of the amendment, there were no objections, and the Hamrick amendment #5 was adopted. Senator Bethel of the 54th offered the following amendment #6: Amend HB 1176 (LC 29 5281S) by inserting between lines 1078 and 1079 the following: (1) Trafficking a person for sexual servitude, as defined in Code Section 16-5-46; By redesignating paragraphs (1) through (6) on lines 1079, 1080, 1081, 1082, 1084, and 1085 as paragraphs (2) through (7), respectively. On the adoption of the amendment, there were no objections, and the Bethel amendment #6 was adopted. Senator Bethel of the 54th offered the following amendment #7: Amend HB 1176 (LC 29 5281S) by replacing "(c), and (g)" with "(c), (e), and (g)" on line 1161. By replacing lines 1248 through 1259 with the following: (2) If a person is required to report child abuse pursuant to this subsection because that person attends to a child pursuant to such person's duties as a member of the staff of an employee of or volunteer at a hospital, school, social agency, or similar facility, that person shall notify the person in charge of the facility, or the designated delegate 3788 JOURNAL OF THE SENATE thereof, and the person so notified shall report or cause a report to be made in accordance with this Code section. A staff member An employee or volunteer who makes a report to the person designated pursuant to this paragraph shall be deemed to have fully complied with this subsection. Under no circumstances shall any person in charge of such hospital, school, agency, or facility, or the designated delegate thereof, to whom such notification has been made exercise any control, restraint, modification, or make other change to the information provided by the reporter, although each of the aforementioned persons may be consulted prior to the making of a report and may provide any additional, relevant, and necessary information when making the report." "(e) An oral report shall be made immediately, but in no case later than 24 hours from the time there is reasonable cause to believe a child has been abused, by telephone or otherwise and followed by a report in writing, if requested, to a child welfare agency providing protective services, as designated by the Department of Human Services, or, in the absence of such agency, to an appropriate police authority or district attorney. If a report of child abuse is made to the child welfare agency or independently discovered by the agency, and the agency has reasonable cause to believe such report is true or the report contains any allegation or evidence of child abuse, then the agency shall immediately notify the appropriate police authority or district attorney. Such reports shall contain the names and addresses of the child and the child's parents or caretakers, if known, the child's age, the nature and extent of the child's injuries, including any evidence of previous injuries, and any other information that the reporting person believes might be helpful in establishing the cause of the injuries and the identity of the perpetrator. Photographs of the child's injuries to be used as documentation in support of allegations by hospital staff employees or volunteers, physicians, law enforcement personnel, school officials, or staff employees or volunteers of legally mandated public or private child protective agencies may be taken without the permission of the child's parent or guardian. Such photograph photographs shall be made available as soon as possible to the chief welfare agency providing protective services and to the appropriate police authority." On the adoption of the amendment, there were no objections, and the Bethel amendment #7 was adopted. Senator Fort of the 39th offered the following amendment #8: Amend HB 1176 (LC 29 5281S) by replacing "$1,000.00" with "$600.00" on line 266. On the adoption of the amendment, the President asked unanimous consent. Senator Staton of the 18th objected. On the adoption of the amendment, Senator Fort of the 39th called for the yeas and nays; the call was sustained, and the vote was as follows: TUESDAY, MARCH 27, 2012 3789 N Albers N Balfour N Bethel N Bulloch Y Butler N Carter, B Y Carter, J E Chance Y Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch N Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack N Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon N Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay Y Shafer Sims Y Staton N Stone Y Stoner E Tate Y Thompson, C E Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the adoption of the amendment, the yeas were 18, nays 32, and the Fort amendment #8 was lost. Senator Carter of the 42nd offered the following amendment #9: Amend HB 1176 by striking "prosecuting attorney" on line 268 and replacing it with "court." On the adoption of the amendment, the President asked unanimous consent. Senator Bethel of the 54th objected. Senator Carter of the 42nd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Carter of the 42nd amendment #9 was withdrawn. Senator Jones of the 10th offered the following amendment #10: Amend HB 1176 by replacing on line 1557, "if he or she agrees to record restriction " with the following: "if it meets the requirements for restriction set forth in this code section." On the adoption of the amendment, the President asked unanimous consent. 3790 JOURNAL OF THE SENATE Senator Staton of the 18th objected. Senator Jones of the 10th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Jones amendment #10 was withdrawn. Senator Stoner of the 6th offered the following amendment #11: Amend HB 1176 by replacing the word "any" with "the first degree" on lines 1904 and 1906. 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 12, nays 26, and the Stoner amendment #11 was lost. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner E Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 1176, having received the requisite constitutional majority, was passed as amended. TUESDAY, MARCH 27, 2012 3791 The following bill was taken up to consider House action thereto: HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate insist on its substitute to HB 954. The consent was granted, and the Senate insisted on its substitute to HB 954. The following Senators were excused for business outside the Senate Chamber: Grant of the 25th Ligon, Jr. of the 3rd The Calendar was resumed. HB 899. By Representatives Brockway of the 101st, Hamilton of the 23rd, Williamson of the 111th, Powell of the 29th, Morgan of the 39th 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 dates of nonpartisan elections; to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Rules Committee offered the following substitute to HB 899: 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 dates of nonpartisan elections; 3792 JOURNAL OF THE SENATE to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide that, if the disqualification of a candidate is the result of an error or negligence and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, the qualifying fee paid by the candidate may be refunded to the candidate; to provide that candidates in special elections may choose to designate their political affiliation on the ballot but may not change such affiliation after the close of qualifying; to provide for qualifications for registrars and deputy registrars; to provide for the manner of counting of certain absentee ballots; to provide for the close of voter registration prior to a special election or special primary; to provide for the maintenance of voter registration lists regarding deceased electors; to provide for short titles for certain questions; to provide for the manner of storing certain election records and data; to provide for the time by which absentee ballots shall be available prior to a primary or election; to limit the use of certain electronic devices and photographic devices in polling places; to provide that election superintendents shall furnish the Secretary of State copies of ballots used in elections; to provide for the timing of the call for special elections to be held in conjunction with the presidential preference primary; to provide for the manner of filling vacancies in the General Assembly; to provide for certain manner of use of provisional and challenged ballots; to provide alternative dates for political body and independent candidates to qualify for office; to provide an exemption for incumbents from filing nomination petitions; to provide that the State Election Board shall prescribe the form of nomination petitions; to provide for nonpartisan municipal qualifying periods; to provide for municipal qualifying times in even-numbered years; to provide for reopening of qualifying periods under certain circumstances; to provide that an absentee ballot may be used to update an elector's name under certain circumstances; to remove the authorization for political parties to elect their officials in primaries; to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide deadlines for individuals and organizations to transmit voter registration cards; to authorize electronic voter registration; to allow the use of United States Postal Service change of address information and confirmation cards to transfer the registration of voters who move from county to county; to remove a special election date; to provide for the electronic storage and safekeeping of certain voter registration records; to provide for the use of the most recent voter registration updates in verifying absentee ballots; to provide for extended retention of certain absentee ballot documentation; to provide restrictions on the use of photographic and electronic devices in polling places; to provide for the posting of certain information regarding elections at the election superintendent's office; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the use of certain driver's licensing information for voter registration purposes; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. TUESDAY, MARCH 27, 2012 3793 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 elections and primaries generally, is amended by revising Code Section 21-2-9, relating to date of election for offices, as follows: "21-2-9. (a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and county officers not elected pursuant to Code Section 21-2-139 shall be elected in the November election next preceding the expiration of the term of office. (b) Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, and county judicial officers, offices of local school boards, and nonpartisan offices elected pursuant to Code Section 21-2-139 shall be elected in the nonpartisan general election next preceding the expiration of the term of office. (b)(c) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. In addition, the municipality shall immediately transmit a copy of such notice to the Secretary of State. (d) Whenever a municipal general primary or election is held in conjunction with the general primary or November general election in even-numbered years, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election, and the time specified for the holding of any runoff necessary shall be the same as specified for general elections." SECTION 2. Said chapter is further amended by revising Code Section 21-2-40, relating to General Assembly authorization to create board of elections and board of elections and registration in any county, as follows: "21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and 3794 JOURNAL OF THE SENATE absentee-balloting procedures. Such board shall consist of not fewer than three members." SECTION 3. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-245, relating to authorization to create joint county-municipal boards of elections and boards of elections and registration and authorization for county to conduct elections, as follows: "(a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members." SECTION 4. Said chapter is further amended by revising Code Section 21-2-90, relating to appointment of chief manager and assistant managers, as follows: "21-2-90. All elections and primaries shall be conducted in each 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 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 make such order available for public inspection upon request. 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." TUESDAY, MARCH 27, 2012 3795 SECTION 5. Said chapter is further amended by revising subsections (c), (d), (e), (h), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows: "(c) Except as provided in subsection (i) of this Code section, all candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays.; (3) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days 3796 JOURNAL OF THE SENATE may be legal holidays. (d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the Office of the TUESDAY, MARCH 27, 2012 3797 Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy: (i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (e) Except as provided in subsection (i) of this Code section, each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter himself or herself; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2180." "(h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A 3798 JOURNAL OF THE SENATE qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which shall be subscribed and sworn to by such circulator before a notary public and shall set forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be TUESDAY, MARCH 27, 2012 3799 numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. (i) Notwithstanding any other provision of this chapter to the contrary, for general elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates in such elections shall qualify as provided in this subsection: (1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (A) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an 3800 JOURNAL OF THE SENATE office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (C) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays; (2) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the general election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (A) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (3) Candidates required to file nomination petitions under subsection (e) of this Code TUESDAY, MARCH 27, 2012 3801 section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election." SECTION 6. Said chapter is further amended by revising subsection (e) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows: "(e)(1) The Secretary of State or appropriate municipal official shall certify and transmit to the election superintendent of each county affected at least ten days prior to the within five days following the deadline for the submission by write-in candidates of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State or appropriate municipal official for such general or special election. (2) The county election superintendent shall certify within five days following the deadline for the submission by write-in candidates for county offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the county election superintendent for county offices for such general or special election. (3) The municipal election superintendent shall certify within five days following the deadline for the submission by write-in candidates for municipal offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the municipal election superintendent for municipal offices for such general or special election." SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificate, as follows: "(e) The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close of the qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification; provided, however, that, if such disqualification is the result of an error or negligence of the officer with whom such candidate qualified and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, such fee may be refunded to the candidate." SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 21-2-151, relating to authorization for political party primaries, as follows: 3802 JOURNAL OF THE SENATE "(a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 212-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot." SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 21-2-139, relating to the authorization and conduct of nonpartisan elections, as follows: "(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter." SECTION 10. Said chapter is further amended by revising subsection (a.1) and paragraph (1) of subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy, as follows: "(a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements: TUESDAY, MARCH 27, 2012 3803 (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of this state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the 3804 JOURNAL OF THE SENATE name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing." "(c)(1)(A) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in. (B) In the case of a general primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the: (i) The candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and provided, further, that candidates; and (ii) Candidates for political party nomination to federal and state offices in a general primary shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and shall TUESDAY, MARCH 27, 2012 3805 qualify in person or by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all. All qualifying for federal and state offices on the last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. (C) In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days immediately prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. (D) In any case where an incumbent has qualified as a candidate to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays." SECTION 11. Said chapter is further amended by revising Code Section 21-2-155, relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary, as follows: "21-2-155. In the event of the death of a candidate or the withdrawal of an incumbent who qualified as a candidate to succeed himself or herself in office, either of which occurs after the close of qualifying for candidates for such office but prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased or withdrawn candidate for a period of not less than one nor more than three days." SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows: "(a) Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing 3806 JOURNAL OF THE SENATE authority shall be authorized to investigate the applicant's criminal history before making such appointment." SECTION 13. Said chapter is further amended by revising subsection (c) of Code Section 21-2-218, relating to cancellation of registration in former state or county and address changes and corrections, as follows: "(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. The board of registrars may also accept a properly submitted application for an absentee ballot to correct an elector's name on the voter registration list if all necessary information to complete such a change is included with the application." SECTION 14. Said chapter is further amended by revising subsection (a) of Code Section 21-2-219, relating to registration cards, as follows: "(a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section and Code Section 21-2-221.2, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration." SECTION 15. Said chapter is further amended by revising subsection (a) of Code Section 21-2-220, relating to application for registration, as follows: "(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Driver Services as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application online as provided in Code Section 21-2-221.2, by making application TUESDAY, MARCH 27, 2012 3807 through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223." SECTION 16. Said chapter is further amended by adding a new Code section to read as follows: "21-2-221.2. (a) A person who is qualified to register to vote in this state and who has a valid Georgia driver's license or identification card may submit a voter registration application on the Internet website of the Secretary of State. The Secretary of State shall, in conjunction with the Department of Driver Services, design and implement a system to allow for such electronic voter registration. (b) An application submitted pursuant to this Code section shall contain: (1) The applicant's name and residence address; (2) The applicant's driver's license or identification card number; (3) The applicant's date of birth; (4) An affirmation by the applicant that the applicant is a citizen of the State of Georgia and of the United States; (5) An affirmation by the applicant that the information provided is truthful and that the applicant is eligible to vote in the State of Georgia; (6) An assent by the applicant to the use of his or her signature from his or her driver's license or identification card; and (7) Such other information the Secretary of State deems necessary to establish the identity of the applicant. (c) Upon the submission of an application through the website pursuant to this Code section, the software used by the Secretary of State for processing applications through the website shall provide for immediate verification of all of the following: (1) That the applicant has a valid Georgia driver's license or identification card and that the number for that driver's license or identification card provided by the applicant matches the number for the applicant's driver's license or identification card that is on file with the Department of Driver Services; (2) That the date of birth provided by the applicant matches the date of birth that is on file with the Department of Driver Services; and (3) That the applicant is a citizen of the State of Georgia and of the United States and that the information provided by the applicant matches the information on file with the Department of Driver Services. If any of these items does not match or if the application is incomplete, the application shall be void and shall be rejected and the applicant shall be notified of such rejection either electronically or by mail within five days after such application is rejected. (d) If all of the items enumerated in subsection (c) of this Code section are verified, the Secretary of State shall obtain an electronic copy of the applicant's signature from the applicant's driver's license or identification card on file with the Department of Driver Services. The application shall then be processed in the same manner as applications under Code Section 21-2-221. Except as otherwise provided by this Code section, the 3808 JOURNAL OF THE SENATE application shall be deemed to have been made as of the date that the information was provided by the applicant through the Internet website. (e) The matching of information pursuant to subsection (c) of this Code section shall satisfy the requirements of subsection (g) of Code Section 21-2-216. (f) The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this Code section." SECTION 17. Said chapter is further amended by revising subsection (b) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, and adding a new subsection to read as follows: "(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under this article desires to vote at any special primary or special election, such person shall make application as provided in this article no later than either the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state or the close of business on the fifth Monday prior to the date of the special primary or special election or, if such Monday is a legal holiday, by the close of business on the following business day, whichever is later; except that: (1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county or municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day." "(c.1) An individual or organization shall promptly transmit all completed voter registration applications to the Secretary of State or the appropriate board of registrars within ten days after receiving such application or by the close of registration, whichever period is earlier. If an individual or organization receives a completed voter registration application 14 or fewer days before the close of registration, the individual or organization shall transmit the application to the Secretary of State or the appropriate board of registrars within 72 hours of the date of the execution of the application or by midnight on the close of registration, whichever period is earlier." TUESDAY, MARCH 27, 2012 3809 SECTION 18. 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, procedure, hearing, and right of appeal, 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 provisional ballots. Such challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code Section 21-2-384 21-2-419 and, after having the word 'Challenged,' and the elector's name, and the alleged cause of the challenge written across the back of the 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 19. Said chapter is further amended by revising Code Section 21-2-231, relating to lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons provided to Secretary of State; removal of names from list of electors; timing; and list of inactive voters provided to Council of Superior Court Clerks, by adding a new subsection to read as follows: "(e.1) County registrars may obtain information about persons who died from obituaries published by local newspapers, death certificates, verifiable knowledge of the death, and information provided in writing and signed by a family member or members of the deceased person. County registrars shall determine if such deceased person's name appears on the list of electors and, if so, shall remove such name from the list of electors and shall send by first class mail to the mailing address shown on the elector's 3810 JOURNAL OF THE SENATE voter registration records a notice of such action and the reason therefor." SECTION 20. Said chapter is further amended by revising subsections (c) and (d) of Code Section 21-2233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows: "(c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at the old address of the elector. The registrars may also send a confirmation notice to the elector's new address. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located and the registrars of the county of the new address shall update the voter registration list to reflect the change of address. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the elector's present county of registration State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors for that county and that the elector must reregister in the new county of residence in order to be eligible to vote. The registrars shall provide the person with the appropriate form for registration at the time of such notice. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration card pursuant to Code Section 21-2-226." TUESDAY, MARCH 27, 2012 3811 SECTION 21. Said chapter is further amended by revising Code Section 21-2-236, relating to periods of retention of registration cards, applications, and records of list maintenance activities, as follows: "21-2-236. (a) The voter registration cards of electors whose names appear on either the official list of electors or the list of inactive electors shall be retained on file as long as the elector remains on such lists and for a period of two years following the removal from the lists; provided, however, that an original voter registration card may be destroyed if an image of the face of the card is stored electronically. (b) The registration applications of persons whose applications were rejected and all related material and records, or electronic facsimiles thereof, shall be retained on file for a period of two years after the date of the rejection. (c) All records concerning list maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be maintained for a period of two years and shall be available for public inspection and copying, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular elector is registered. Such records shall contain the name and address of all electors to whom confirmation notices are sent and information concerning whether each such elector has responded to such notice. (d) The State Election Board shall adopt rules and regulations regarding the safekeeping and maintenance of electronic records of voter registration records maintained under this Code section." SECTION 22. Said chapter is further amended by revising subsection (f) of Code Section 21-2-285, relating to form of official election ballot, attestation on receipt of benefit in exchange for vote, and when an election is not required, as follows: "(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot following the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent." 3812 JOURNAL OF THE SENATE SECTION 23. Said chapter is further amended by revising subsection (b) of Code Section 21-2-325, relating to form of ballot labels generally, as follows: "(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. In the case of questions to be voted on by the electors of a municipality, the governing authority shall determine the brief form of the questions." SECTION 24. Said chapter is further amended by revising subsection (f) of Code Section 21-2-379.5, relating to ballot information, as follows: "(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to or below the question there shall be placed the words 'YES' and 'NO' between which the elector may choose in casting his or her vote." SECTION 25. Said chapter is further amended by revising subsections (e), (f), and (g) of Code TUESDAY, MARCH 27, 2012 3813 Section 21-2-379.11, relating to procedure for tabulation of votes by DRE machines, as follows: "(e) The manager shall collect and retain the zero tape and the results tape for each DRE unit and place such tapes with the memory card for each unit, and enclose all such items for all of the DRE units used in the precinct in one envelope which shall be sealed in an envelope or container and initialed or signed by the manager so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope or container to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelope or container containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the initials or signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope or container and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification." SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows: "(a)(1) The superintendent shall, at least 45 days prior to any general primary or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election in consultation with the board of registrars or absentee ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this subsection an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election or as soon as possible prior to a runoff. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants not more than 49 days but not less than 45 days prior to any presidential preference primary, general primary other than a municipal general primary, general election other than a municipal general election, or special primary or special election in which there is a candidate for a federal office on the ballot; 22 days prior to any municipal general primary or municipal general election; and as soon as possible prior to any runoff. In the case of all other special primaries or 3814 JOURNAL OF THE SENATE special elections, the board of registrars or absentee ballot clerk shall mail or issue official absentee ballots to all eligible applicants within three days after the receipt of such ballots and supplies, but no earlier than 22 days prior to the election; provided, however, that should any elector of the jurisdiction be permitted to vote by absentee ballot beginning 49 days prior to a primary or election, all eligible applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49 days prior to such primary or election. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. The board of registrars shall, at least 45 days prior to any general primary, or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election, mail or within the same time periods specified in this subsection, electronically transmit official absentee ballots to all electors who have requested to receive their official absentee ballot electronically and are entitled to vote by such absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. (3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date a ballot is mailed or issued to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required." SECTION 27. Said chapter is further amended by revising subparagraphs (a)(1)(B) and (a)(1)(C) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector, as follows: "(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark TUESDAY, MARCH 27, 2012 3815 on the absentee elector's voter registration card or the most recent update to such absentee elector's voter registration card and application for absentee ballot or a facsimile of said signature or mark taken from said card or application, and shall, if the information and signature appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year two years." SECTION 28. Said chapter is further amended by revising subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector, as follows: "(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, outer envelope and shall deposit the ballot in the a secure, sealed ballot box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge." SECTION 29. Said chapter is further amended by revising Code Section 21-2-411, relating to return of checked list of electors and voter's certificates to superintendent and disposition of list and certificates by registrars, as follows: "21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least five years, and the same shall be available for public inspection." 3816 JOURNAL OF THE SENATE SECTION 30. Said chapter is further amended by revising subsection (e) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, as follows: "(e) No elector person shall use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones while such elector person is within the enclosed space in a polling place while voting is taking place; provided, however, that a poll manager, in his or her discretion, may allow the use of photographic devices in the polling place under such conditions and limitations as the election superintendent finds appropriate, and provided, further, that no photography shall be allowed of a ballot or the face of a voting machine or DRE unit while an elector is voting such ballot or machine or DRE unit and no photography shall be allowed of an electors list, electronic electors list, or the use of an electors list or electronic electors list. This subsection shall not prohibit the use of photographic or other electronic monitoring or recording devices, cameras, or cellular telephones by poll officials for official purposes." SECTION 31. Said chapter is further amended by revising subsection (c) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited; prohibition of candidates from entering certain polling places, and penalty, as follows: "(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 Reserved." SECTION 32. Said chapter is further amended by revising subsection (b) of Code Section 21-2-433, relating to admission of electors to enclosed space, detachment of ballots from stubs and distribution of ballots to electors, and return of canceled ballots to superintendent, as follows: "(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the poll officer shall write the word 'Challenged' and the alleged cause of challenge on the back of the ballot elector shall be entitled to vote a challenged ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain TUESDAY, MARCH 27, 2012 3817 another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent." SECTION 33. Said chapter is further amended by revising subsection (d) of Code Section 21-2-435, relating to procedure as to marking and depositing of ballots, as follows: "(d) Before leaving the voting compartment, the elector shall fold his or her ballot, without displaying the markings thereon, in the same way it was folded when received by him or her; and he or she shall then leave the compartment and exhibit the number strip of the ballot to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him or her is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs. If the ballot is marked 'Challenged,' the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked 'Challenged,' which has been challenged for cause under Code Section 21-2-230, deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted." SECTION 34. Said chapter is further amended by revising subsection (h) of Code Section 21-2-480, relating to caption for ballots, party designations, and form and arrangement, as follows: (h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked." 3818 JOURNAL OF THE SENATE SECTION 35. Said chapter is further amended by revising Code Section 21-2-492, relating to computation and canvassing of returns, notice of when and where returns will be computed and canvassed, blank forms for making statements of returns, and swearing of assistants, as follows: "21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the county courthouse or city hall superintendent's office, of the time and place when and where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner." SECTION 36. Said chapter is further amended by revising Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, by adding a new subsection to read as follows: "(c) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such primary." SECTION 37. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, as follows: "(1) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall office of the election superintendent for the information of the public;" TUESDAY, MARCH 27, 2012 3819 SECTION 38. Said chapter is further amended by revising Code Section 21-2-497, relating to preparation and filing by superintendent of four copies of consolidated return of elections, as follows: "21-2-497. (a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall office of the election superintendent for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500; and (4) One copy to be returned immediately to the Secretary of State unless required as follows: (A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (C) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and (D) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. (b) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such election." SECTION 39. Said chapter is further amended by revising Code Section 21-2-499, relating to duty of 3820 JOURNAL OF THE SENATE Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers and certification of presidential electors by Governor, as follows: "21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office. (b) The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state. (c) The Secretary of State shall not count, tabulate, or publish the names of any writein candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133." SECTION 40. Said chapter is further amended by repealing Code Section 21-2-501.1, relating to timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years, in its entirety. SECTION 41. Said chapter is further amended by revising subsections (b) and (e) of Code Section 21-2540, 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 TUESDAY, MARCH 27, 2012 3821 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 the presidential preference primary, a state-wide general primary, or state-wide general election shall be called at least 90 days prior to the date of such presidential preference primary, state-wide general primary, or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such presidential preference primary, state-wide general primary, or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." "(e) Candidates in special elections for partisan offices shall be listed alphabetically on the ballot according to and may choose to designate on the ballot their party affiliation. The party affiliation selected by a candidate shall not be changed following the close of qualifying." SECTION 42. Said chapter is further amended by revising subparagraph (c)(1)(B) of Code Section 212-540, relating to the conduct of special elections, as follows: "(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; or (iii) The third Tuesday in September; or (iv)(iii) The Tuesday after the first Monday in November." SECTION 43. Said chapter is further amended by revising Code Section 21-2-544, relating to special election for General Assembly vacancy, as follows: "21-2-544. Whenever a vacancy shall occur or exist in either house of the General Assembly, during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. such vacancy shall be filled as follows: (1) If such vacancy shall occur during a session of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of 3822 JOURNAL OF THE SENATE election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (2) Except as provided in paragraph (4) of this Code section, if such vacancy shall occur after the conclusion of the regular session which is held during the first year of the term of office of members of the General Assembly, but more than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly, the Governor may issue at any time but no later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held not fewer than 30 days after its issuance nor later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly; (3) If such vacancy shall occur after the conclusion of the regular session of the General Assembly held during the first year of the term of office of members of the General Assembly during the period beginning 60 days prior to the Tuesday following the first Monday in November of such year and ending on the day prior to the beginning of the regular session of the General Assembly held during the second year of the term of office of members of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (4) If such vacancy shall occur following the election of a member of the General Assembly but prior to such member taking office, such vacancy shall be filled in accordance with Code Section 21-2-504, but such election shall be called within ten days of such vacancy and shall be held not fewer than 30 nor more than 60 days following the date of such call; (5) If such vacancy shall occur following the conclusion of the regular session of the General Assembly during the second year of the term of office of members of the General Assembly, the issuance of a writ of election to fill such vacancy shall be in the discretion of the Governor except as otherwise provided in paragraph (6) of this Code section and if the Governor chooses to issue such writ of election to fill such vacancy, such election shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or (6)(A) If such vacancy shall exist at a time when the members of the General Assembly shall be required to meet in special session, the Governor shall issue, within two days after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or TUESDAY, MARCH 27, 2012 3823 (B) If such vacancy shall occur after the issuance by the Governor of a call for an extraordinary session of the General Assembly, but prior to the conclusion of such extraordinary session, the Governor shall issue, within five days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election." SECTION 44. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising paragraph (6) of subsection (f) of Code Section 40-5-2, relating to driving records, as follows: "(6)(A) The information required to be made available regarding voter registration pursuant to Code Section Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code section sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and" SECTION 45. Section 9 of this Act is not intended by the General Assembly to change the effect of existing law but only to clarify the intent of the General Assembly in enacting the original legislation. SECTION 46. (a) This section and Section 47 of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Section 9 of this Act shall become effective on the first date upon which candidates may begin qualifying for the general primary in 2012; provided, however, that if implementation of Section 9 is not permissible on such date under the federal Voting Rights Act of 1965, as amended, then Section 9 shall become effective on January 1, 2013. (c) All other sections of this Act shall become effective on July 1, 2012. SECTION 47. All laws and parts of laws in conflict with this Act are repealed. 3824 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 Albers Balfour Y Bethel Y Bulloch Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis N Fort Y Ginn Goggans Golden Y Gooch E Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones E Ligon Y Loudermilk N McKoon Millar Miller Y Mullis N Murphy N Orrock N Paris E Ramsey Y Rogers N Seay N Shafer N Sims Y Staton Y Stone N Stoner E Tate N Thompson, C E Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 23, nays 19. HB 899, having failed to receive the requisite constitutional majority, was lost. The following Senators were excused for business outside the Senate Chamber: Hill of the 32nd Thompson of the 5th HB 923. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to change the description of the commissioner TUESDAY, MARCH 27, 2012 3825 districts; to provide for definitions and inclusions; to provide for the continuation in office of current members; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. The Senate Reapportionment and Redistricting Committee offered the following substitute to HB 923: A BILL TO BE ENTITLED AN ACT To amend an Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), so as to change the description of the commission districts; to provide for definitions and inclusions; to provide for continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the consolidation of Richmond County and the City of Augusta, approved March 27, 1995 (Ga. L. 1995, p. 3648), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3769), is amended by revising subsection (a) of Section 2 as follows: "(a)(1) For the purpose of electing members of the Augusta-Richmond County Commission, Richmond County is divided into ten10 commission districts. One member of the board shall be elected from each such district. Commission Districts 1, 2, 3, 4, 5, 6, 7, and 8 shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: richmondccsb-sd023-prop1-2012 Plan Type: local Administrator: v User: bak'. Commission Districts 9 and 10 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: richmondccsbsup-import-plan2 Plan Type: local Administrator: hd119 User: bak'. (2)(A) For the purposes of such plan: (i) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a 3826 JOURNAL OF THE SENATE district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (ii) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (B)(i) Any part of Augusta, Georgia, which is not included in Commission Districts 1 through 8 described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (ii) Any part of Augusta, Georgia, which is not included in Commission Districts 9 and 10 described in paragraph (1) of this subsection shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (C)(i) Any part of Augusta, Georgia, which is described in paragraph (1) of this subsection as being included in Commission District 1, 2, 3, 4, 5, 6, 7, or 8 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (ii) Any part of Augusta, Georgia, which is described in paragraph (1) of this subsection as being included in Commission District 9 or 10 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 2. (a) Those members of the Augusta-Richmond County Commission who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) Commission Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, as they exist immediately prior to the effective date of this Act, shall continue to be designated as Commission Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commission districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. TUESDAY, MARCH 27, 2012 3827 SECTION 3. The Augusta-Richmond County Commission shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: richmondccsb-sd023-prop1-2012 Plan Type: local Administrator: v User: bak District 001 Richmond County VTD: 245101 - 101 VTD: 245102 - 102 VTD: 245103 - 103 VTD: 245104 - 104 000600: 3029 010600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4041 4054 4055 4056 4057 4058 4059 4060 4061 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4147 4148 4149 4150 4151 4152 4153 4154 4155 4175 4176 4177 4178 4180 4181 4182 4183 4184 4185 VTD: 245105 - 105 VTD: 245106 - 106 3828 JOURNAL OF THE SENATE VTD: 245107 - 107 VTD: 245108 - 108 VTD: 245109 - 109 VTD: 245110 - 110 VTD: 245111 - 111 VTD: 245112 - 112 VTD: 245113 - 113 VTD: 245205 - 205 VTD: 245206 - 206 District 002 Richmond County VTD: 245104 - 104 010600: 4084 4085 VTD: 245201 - 201 VTD: 245203 - 203 VTD: 245204 - 204 VTD: 245207 - 207 VTD: 245208 - 208 VTD: 245209 - 209 VTD: 245309 - 309 VTD: 245310 - 310 010204: 1000 1001 1002 1003 1036 VTD: 245402 - 402 VTD: 245502 - 502 VTD: 245504 - 504 VTD: 245507 - 507 VTD: 245508 - 508 VTD: 245509 - 509 District 003 Richmond County VTD: 245301 - 301 VTD: 245302 - 302 VTD: 245303 - 303 VTD: 245305 - 305 VTD: 245306 - 306 VTD: 245307 - 307 VTD: 245308 - 308 VTD: 245310 - 310 010204: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 TUESDAY, MARCH 27, 2012 1041 1042 1043 1044 1048 1049 3015 3027 3040 3042 3043 3046 3047 3048 3049 3050 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3076 3077 3078 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4044 4045 4046 4047 4048 4049 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 010504: 2000 2001 2002 2003 2004 2005 2006 2033 District 004 Richmond County VTD: 245401 - 401 VTD: 245403 - 403 010708: 1007 1008 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 VTD: 245404 - 404 VTD: 245405 - 405 010712: 1024 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 VTD: 245406 - 406 VTD: 245601 - 601 VTD: 245807 - 807 010711: 1000 1004 2000 2001 2003 2004 2005 2006 2007 2019 District 005 Richmond County VTD: 245304 - 304 VTD: 245403 - 403 010708: 1000 1002 1003 1004 1005 1006 1009 1010 1011 1012 1013 1014 1015 1017 3017 3018 VTD: 245407 - 407 VTD: 245408 - 408 VTD: 245501 - 501 VTD: 245503 - 503 VTD: 245505 - 505 VTD: 245506 - 506 District 006 Richmond County 3829 3830 JOURNAL OF THE SENATE VTD: 245202 - 202 VTD: 245602 - 602 VTD: 245603 - 603 VTD: 245604 - 604 VTD: 245605 - 605 VTD: 245606 - 606 VTD: 245805 - 805 District 007 Richmond County VTD: 245701 - 701 VTD: 245702 - 702 VTD: 245703 - 703 VTD: 245704 - 704 VTD: 245705 - 705 VTD: 245706 - 706 VTD: 245707 - 707 District 008 Richmond County VTD: 245405 - 405 010711: 1015 1016 1017 1018 1019 VTD: 245801 - 801 VTD: 245801B - 801B VTD: 245802 - 802 VTD: 245803 - 803 VTD: 245804 - 804 VTD: 245804H - 804H VTD: 245806 - 806 VTD: 245807 - 807 010711: 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1020 1021 1022 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 VTD: 245808 - 808 VTD: 245809 - 809 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: TUESDAY, MARCH 27, 2012 3831 Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J N Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson N Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer Sims Y Staton Y Stone N Stoner N Tate E Thompson, C N Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 16. HB 923, 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 50. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, so as to add certain fees for funding of local victim assistance programs into the list of priorities; to provide for related matters; to repeal conflicting laws; and for other purposes. 3832 JOURNAL OF THE SENATE SB 113. By Senator Carter of the 1st: A BILL to be entitled an Act to provide for local government contracting powers and related requirements; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to clarify that the authority of municipal corporations to enter into certain contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; to change certain provisions relating to definitions relative to public works bidding; to amend Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracts, so as to clarify that the authority of counties and municipal corporations to enter into such contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; and for other purposes. SB 414. By Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th: 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 require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 924. By Representatives Howard of the 121st, Murphy of the 120th, Smith of the 122nd and Frazier of the 123rd: A BILL to be entitled an Act to amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), so as to change the description of the school board districts; to provide for definitions and inclusions; to provide for the continuation of current members; to provide for the submission of this Act under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Stone of the 23rd. TUESDAY, MARCH 27, 2012 3833 The Senate Reapportionment and Redistricting Committee offered the following substitute to HB 924: A BILL TO BE ENTITLED AN ACT To amend an Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), so as to change the description of the school board districts; to provide for definitions and inclusions; to provide for the continuation in office for current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act regulating public instruction for the County of Richmond, approved August 23, 1872 (Ga. L. 1872, p. 456), as amended, particularly by an Act approved April 8, 2002 (Ga. L. 2002, p. 3756), is amended by revising paragraph (2) of subsection (e) of Section 1 as follows: "(2) For purposes of electing members of the board of education, the Richmond County School District is divided into ten school board districts. One member of the board shall be elected from each such district. School Board Districts 1, 2, 3, 4, 5, 6, 7, and 8 shall be and correspond to those eight numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: richmondccsbsd023-prop1-2012 Plan Type: local Administrator: v User: bak'. School Board Districts 9 and 10 shall be and correspond to those two numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: richmondccsbsup-import-plan2 Plan Type: local Administrator: hd119 User: bak'." SECTION 2. Said Act is further amended by revising subsection (f) of Section 1 as follows: "(f)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial 3834 JOURNAL OF THE SENATE census of 2010 for the State of Georgia. (2)(A) Any part of the Richmond County School District which is not included in the descriptions of School Board Districts 1 through 8 as described in paragraph (2) of subsection (e) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (B) Any part of the Richmond County School District which is not included in the descriptions of School Board Districts 9 and 10 as described in paragraph (2) of subsection (e) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3)(A) Any part of the Richmond County School District which is described in paragraph (2) of subsection (e) of this section as being included in School Board District 1, 2, 3, 4, 5, 6, 7, or 8 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (B) Any part of the Richmond County School District which is described in paragraph (2) of subsection (e) of this section as being included in School Board District 9 or 10 shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia." SECTION 3. (a) Those members of the Board of Education of Richmond County who are serving as such on the effective date of this Act and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. (b) School Board Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, as they exist immediately prior to the effective date of this Act, shall continue to be designated as School Board Districts 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former education districts shall be deemed to be serving from and representing their respective districts as newly described under this Act. SECTION 4. The Board of Education of Richmond County shall through its legal counsel cause this Act to be submitted for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. TUESDAY, MARCH 27, 2012 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Plan: richmondccsb-sd023-prop1-2012 Plan Type: local Administrator: v User: bak District 001 Richmond County VTD: 245101 - 101 VTD: 245102 - 102 VTD: 245103 - 103 VTD: 245104 - 104 000600: 3029 010600: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 4000 4001 4002 4003 4004 4005 4006 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4041 4054 4055 4056 4057 4058 4059 4060 4061 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142 4143 4144 4145 4147 4148 4149 4150 4151 4152 4153 4154 4155 4175 4176 4177 4178 4180 4181 4182 4183 4184 4185 VTD: 245105 - 105 VTD: 245106 - 106 VTD: 245107 - 107 VTD: 245108 - 108 VTD: 245109 - 109 VTD: 245110 - 110 VTD: 245111 - 111 VTD: 245112 - 112 3835 3836 JOURNAL OF THE SENATE VTD: 245113 - 113 VTD: 245205 - 205 VTD: 245206 - 206 District 002 Richmond County VTD: 245104 - 104 010600: 4084 4085 VTD: 245201 - 201 VTD: 245203 - 203 VTD: 245204 - 204 VTD: 245207 - 207 VTD: 245208 - 208 VTD: 245209 - 209 VTD: 245309 - 309 VTD: 245310 - 310 010204: 1000 1001 1002 1003 1036 VTD: 245402 - 402 VTD: 245502 - 502 VTD: 245504 - 504 VTD: 245507 - 507 VTD: 245508 - 508 VTD: 245509 - 509 District 003 Richmond County VTD: 245301 - 301 VTD: 245302 - 302 VTD: 245303 - 303 VTD: 245305 - 305 VTD: 245306 - 306 VTD: 245307 - 307 VTD: 245308 - 308 VTD: 245310 - 310 010204: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1037 1038 1039 1040 1041 1042 1043 1044 1048 1049 3015 3027 3040 3042 3043 3046 3047 3048 3049 3050 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3076 3077 3078 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 TUESDAY, MARCH 27, 2012 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4044 4045 4046 4047 4048 4049 4057 4058 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 010504: 2000 2001 2002 2003 2004 2005 2006 2033 District 004 Richmond County VTD: 245401 - 401 VTD: 245403 - 403 010708: 1007 1008 3000 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 VTD: 245404 - 404 VTD: 245405 - 405 010712: 1024 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 VTD: 245406 - 406 VTD: 245601 - 601 VTD: 245807 - 807 010711: 1000 1004 2000 2001 2003 2004 2005 2006 2007 2019 District 005 Richmond County VTD: 245304 - 304 VTD: 245403 - 403 010708: 1000 1002 1003 1004 1005 1006 1009 1010 1011 1012 1013 1014 1015 1017 3017 3018 VTD: 245407 - 407 VTD: 245408 - 408 VTD: 245501 - 501 VTD: 245503 - 503 VTD: 245505 - 505 VTD: 245506 - 506 District 006 Richmond County VTD: 245202 - 202 VTD: 245602 - 602 VTD: 245603 - 603 VTD: 245604 - 604 VTD: 245605 - 605 VTD: 245606 - 606 VTD: 245805 - 805 3837 3838 JOURNAL OF THE SENATE District 007 Richmond County VTD: 245701 - 701 VTD: 245702 - 702 VTD: 245703 - 703 VTD: 245704 - 704 VTD: 245705 - 705 VTD: 245706 - 706 VTD: 245707 - 707 District 008 Richmond County VTD: 245405 - 405 010711: 1015 1016 1017 1018 1019 VTD: 245801 - 801 VTD: 245801B - 801B VTD: 245802 - 802 VTD: 245803 - 803 VTD: 245804 - 804 VTD: 245804H - 804H VTD: 245806 - 806 VTD: 245807 - 807 010711: 1001 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1020 1021 1022 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 VTD: 245808 - 808 VTD: 245809 - 809 On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer TUESDAY, MARCH 27, 2012 3839 N Carter, J Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Sims Y Staton Y Stone N Stoner N Tate E Thompson, C N Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 33, nays 17. HB 924, having received the requisite constitutional majority, was passed by substitute. Senator Tolleson of the 20th asked unanimous consent to drop HB 929 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 929 was placed at the foot of the Rules Calendar. Senator Tolleson of the 20th asked unanimous consent to drop HB 930 to the foot of today's Senate Rules Calendar. The consent was granted, and HB 930 was placed at the foot of the Rules Calendar. HB 965. By Representatives Knight of the 126th, Peake of the 137th and Carson of the 43rd: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; 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 Finance Committee offered the following substitute to HB 965: 3840 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; to change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations; 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 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by revising Code Section 48-7-114, relating to payment of estimated income tax, as follows: "48-7-114. (a) 'Estimated tax' defined. For purposes of this Code section, the term 'estimated tax' means the amount which the individual estimates as the amount of income tax imposed by Code Section 48-7-20 less the amount which the individual estimates as the sum of credits allowable by law against the tax. (b) Requirement of estimated tax. Except as otherwise provided in subsection (d) of this Code section, every resident individual and every taxable nonresident individual shall file his or her estimated tax for the current taxable year if he or she can be reasonably expected to be required to file a Georgia income tax return for the current taxable year and his or her gross income can reasonably be expected to: (1) Include more than $1,000.00 from sources other than wages as defined in paragraph (10) of Code Section 48-7-100; and (2) Exceed: (A) One thousand five hundred dollars if the individual is single or the individual is married and not living with his or her spouse or the individual is married and expects to claim only $1,500.00 of the marital exemption; or (B) Three thousand dollars if the individual is married and living with his or her spouse and expects to claim the full marital exemption. (c) Return as estimated tax. If on or before January 31 of the succeeding taxable year or, in the case of an individual referred to in subsection (b) of Code Section 48-7-115, relating to income from farming and fishing, on or before March 1 of the succeeding taxable year, the taxpayer files a return for the taxable year for which the estimated tax is required and pays in full the amount computed on the return as payable and the estimate is not required to be filed during the taxable year but is required to be filed on or before January 15, then the return shall be considered as the estimate. (d) Exemptions. This Code section shall not apply to an individual in a given tax year if: TUESDAY, MARCH 27, 2012 3841 (1) The sum of the allowable credits shown on the individual's income tax return for the tax year exceeds the individual's tax liability shown on the return before the tax liability is reduced by the amount of the allowable credits; and (2) The individual reasonably expected at the time estimated tax was otherwise required to be filed with respect to the tax year that the conditions of paragraph (1) of this subsection would be met for the tax year. (e)(1) Applicability to fiduciaries. With respect to taxable years beginning on or after January 1, 1988, fiduciaries shall be subject to all requirements of this article in the same manner as individuals, except as provided in paragraph (2) of this subsection. (2) This Code section shall not apply with respect to any taxable year ending before the date two years after the date of the decedent's death in the case of: (A) The estate of such decedent; or (B) A testamentary trust as defined in IRC Section 6654(l)(2)(B)." SECTION 2. Said article is further amended by revising Code Section 48-7-129, relating to withholding tax on distributions to nonresidents, as follows: "48-7-129. (a)(1) Any partnership, Subchapter 'S' corporation, or limited liability company which owns property or does business within this state shall be subject to a withholding tax. Such tax shall be withheld from any distributions paid or any distributions credited but not paid to members who are not residents of Georgia a nonresident member's share of taxable income sourced to this state, whether distributed or not, except as provided in subsection (c) of Code Section 48-7-24. For purposes of this Code section, the term 'taxable income sourced to this state' means the entity's income allocated or apportioned to Georgia pursuant to Code Section 487-31 or as otherwise provided by law. (2) The amount of tax to be withheld for each nonresident member shall be determined by multiplying the distribution paid or the distribution credited but not paid nonresident member's share of the taxable income sourced to this state by a rate of 4 percent. To the extent that the partnership, Subchapter 'S' corporation, or limited liability company remits withholding tax during the course of the tax year which exceeds the Georgia income tax liability of a nonresident member, that member shall be entitled to a refund of the excess withholding at the end of the taxable year. (3) Any partnership, Subchapter 'S' corporation, or limited liability company which fails to withhold and pay over to the commissioner any amount required to be withheld under this Code section may be liable for a penalty equal to 25 percent of the amount not withheld and paid over. Any penalty imposed under this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding taxes imposed by this article. (4) The partnership, Subchapter 'S' corporation, or limited liability company and its 3842 JOURNAL OF THE SENATE members shall be jointly and severally liable for the withholding tax liability imposed under this subsection and shall be assessed accordingly. (b)(1) As an alternative to the withholding requirement imposed by subsection (a) of this Code section, the commissioner may allow the filing of composite returns by partnerships, Subchapter 'S' corporations, or limited liability companies on behalf of their nonresident members and may provide for the requirements of filing composite returns by regulation. For purposes of this subsection, the term 'composite return' means a return filed by a partnership, Subchapter 'S' corporation, or limited liability company on behalf of all of its nonresident members which reports and remits the Georgia income tax of the nonresident members. (2) Where a partnership, Subchapter 'S' corporation, or limited liability company chooses to file a composite return and meets all the requirements of filing such composite return, such partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from the withholding requirements imposed under subsection (a) of this Code section. (3) The liability imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as all other withholding taxes imposed by this article. (c)(1) If a partnership, Subchapter 'S' corporation, or limited liability company fails to remit withholding for a nonresident member and the commissioner determines that such failure is due to a false representation that the member is a resident of Georgia, there shall be imposed in addition to the tax a penalty of the greater of $250.00 or 5 percent of the amount which should have been withheld. The partnership, Subchapter 'S' corporation, or limited liability company and the nonresident member shall be jointly and severally liable for any such penalty imposed. (2) The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as withholding tax imposed by this article. (d)(1) Every partnership, Subchapter 'S' corporation, or limited liability company which is required to deduct and withhold the withholding tax imposed by subsection (a) of this Code section shall remit such tax and file the required return on a form approved by the commissioner as follows:. (A) Taxes deducted and withheld on distributions paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents shall be due on or before the last day of the calendar month following the calendar month within which the distribution was paid; and (B) Taxes deducted and withheld on distributions credited but not paid by a partnership, Subchapter 'S' corporation, or limited liability company to members who are nonresidents a nonresident member's share of the taxable income sourced to this state shall be due on or before the due date for filing the income tax return for the partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. TUESDAY, MARCH 27, 2012 3843 (2) Every partnership, Subchapter 'S' corporation, or limited liability company required to deduct and withhold tax under this article shall furnish a written statement or form approved by the commissioner to each nonresident member. Such statement or form shall include the name and federal tax identification number of the partnership, Subchapter 'S' corporation, or limited liability company, the member's name and federal tax identification number, the total amount of distributions paid to the member the nonresident member's share of the taxable income sourced to this state during the taxable year, the total amount of tax deducted and withheld with respect to such member during the year, and such other information as the commissioner shall prescribe. Such statement or form shall be furnished to the nonresident member and filed in duplicate with the commissioner on or before the earlier of the date the income tax return is filed or the due date for filing the income tax return of such partnership, Subchapter 'S' corporation, or limited liability company as prescribed in subsection (a) of Code Section 48-7-56 without regard to any extension of time for filing such income tax return. (3) Any partnership, Subchapter 'S' corporation, or limited liability company required to furnish a nonresident member with the written statement required by this subsection which furnishes a false or fraudulent statement or which fails to furnish the statement shall be subject to the penalty contained in subsection (d) of Code Section 48-7-126. The penalty imposed by this subsection shall be paid upon notice and demand by the commissioner or the commissioner's delegate and shall be assessed and collected in the same manner as the withholding tax imposed by this article. (e)(1) Notwithstanding subsection (a) of this Code section, a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to deduct and withhold tax for a nonresident member if: (A) A composite return is filed on behalf of nonresident members pursuant to the requirements of filing such composite returns as set by the commissioner; (B) The aggregate annual distributions made to a member are amount of a nonresident member's share of the taxable income sourced to this state is less than $1,000.00; (C) A federally chartered Subchapter 'S' corporation fails to meet the requirements of subparagraph (b)(7)(B) of Code Section 48-7-21 and is therefore required to remit corporate income tax; (D) Compliance will cause undue hardship on the partnership, Subchapter 'S' corporation, or limited liability company, provided that no partnership, Subchapter 'S' corporation, or limited liability company shall be exempt from complying with the withholding requirements imposed under subsection (a) of this Code section unless the commissioner approves in writing a written petition for exemption from the withholding requirements based on undue hardship. The commissioner may prescribe the form and contents of such a petition and specify standards for when a partnership, Subchapter 'S' corporation, or limited liability company shall not be required to comply with the withholding requirements due to undue hardship; (E) The partnership is a publicly traded partnership as defined in Section 7704 of 3844 JOURNAL OF THE SENATE the Internal Revenue Code of 1986; or (F) The member meets one of the exceptions as set forth in the rules and regulations promulgated by the commissioner. (2) Where distributions paid or distributions credited but not paid, or both, to nonresident members of partnerships, Subchapter 'S' corporations, or limited liability companies are a nonresident member's share of the taxable income sourced to this state is subject to withholding under other provisions of Georgia law or represent a return of such member's investment or a return of capital, such distributions amount shall not be subject to withholding under subsection (a) of this Code section. (f) The commissioner shall be authorized to prescribe forms and to promulgate rules and regulations which the commissioner deems necessary in order to effectuate this Code section." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval, and Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 2012. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Hamrick E Harbison Y Heath Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins TUESDAY, MARCH 27, 2012 3845 Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 965, having received the requisite constitutional majority, was passed by substitute. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, as amended, by the requisite constitutional majority the following Bill of the Senate: SB 293. By Senators Heath of the 31st, Rogers of the 21st, Tippins of the 37th, Hill of the 4th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require the nation's motto, "In God We Trust," to be printed on license plates; to provide that purchasers of license plates may cover the motto with a county name decal; to provide for related matters; 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 Bills of the Senate: SB 284. By Senator Golden of the 8th: A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2011; to provide a short title and a statement of construction, intent and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for public meetings of land banks, for the adoption of rules and 3846 JOURNAL OF THE SENATE regulations to address potential conflicts of interest, and for the dissolution of land banks; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others: 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 tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd: 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 add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 873. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares of the 17th, Staton of the 18th and others: A RESOLUTION authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Fulton, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has passed by the requisite constitutional majority the following Bill of the Senate: SB 136. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Chapter 3 of Title 44 of the Official Code of Georgia Annotated, relating to specialized land transactions, so as TUESDAY, MARCH 27, 2012 3847 to provide for transfer of control of a condominium association in certain circumstances; to set out public policy concerning the standing of condominium associations to file suit; to provide for priority of certain liens against condominium property and against property subject to a property owners' association; 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 286. By Senators Heath of the 31st, Hill of the 4th, Stoner of the 6th, Hooks of the 14th and Murphy of the 27th: A BILL to be entitled an Act to amend Code Section 47-2-292 of the Official Code of Georgia Annotated, relating to merit system of personnel administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2012, 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. SB 427. By Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of the 40th, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedure upon grant, denial, renewal, revocation, suspension, annulment, or withdrawal of licenses, so as to require agency procedures for timely processing of and status reports regarding applications for issuance or renewal of licenses; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 971. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to change certain provisions relating to settlement agreements between parties; to change the maximum weekly compensation benefit for total disability; to 3848 JOURNAL OF THE SENATE change the maximum weekly compensation benefit for temporary partial disability; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Insurance and Labor Committee offered the following substitute to HB 971: A BILL TO BE ENTITLED AN ACT To amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to settlement agreements between parties; to change certain provisions relating to compensation for medical care, artificial members, and other treatment and supplies, effect of employee's refusal of treatment, and employer's liability for temporary care; to change certain provisions relating to the appointment of a conservator for a minor or an incompetent claimant; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; 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 34 of the Official Code of Georgia Annotated, relating to workers' compensation, is amended by revising subsection (c) of Code Section 34-9-15, relating to procedure for settlement between parties generally, approval by the board, finality of settlement, and lump sum settlement, as follows: "(c) The parties by agreement and with the approval of the board may enter into a compromise lump sum settlement resolving all issues The board or any party to the settlement agreement may require that the settlement documents contain language which prorates the lump sum settlement over the life expectancy of the injured worker. When such an agreement has been approved, neither the weekly compensation rate paid throughout the case nor the maximum statutory weekly rate applicable to the injury shall apply. No compensation rate shall exceed the maximum statutory weekly rate as of the date of injury. Instead, the prorated rate set forth in the approved settlement documents shall control and become the rate for that case. This subsection shall be retroactive in effect." SECTION 2. Said title is further amended by revising subsection (f) of Code Section 34-9-221, relating to procedure, payment controverted by employer, delinquency charge, and enforcement, TUESDAY, MARCH 27, 2012 3849 as follows: "(f) If income benefits payable under the terms of an award are not paid within 20 days after becoming due, there shall be added to the accrued income benefits an amount equal to 20 percent thereof, which shall be paid at the same time as, but in addition to, the accrued benefits unless review of the award is granted by the board or unless this nonpayment is excused by the board after a showing by the employer that due to conditions beyond the control of the employer the income benefits could not be paid within the period prescribed." SECTION 3. Said chapter is further amended by revising Code Section 34-9-226, relating to the appointment of a guardian for a minor or an incompetent claimant, as follows: "34-9-226. (a) Except as provided in this Code section, the only person capable of representing a minor or legally incompetent claimant entitled to workers' compensation benefits shall be (1) a conservator duly appointed and qualified by the probate court of the county of residence of such minor or legally incompetent person or by any court of competent jurisdiction within this state, or (2) a conservator or the equivalent thereof duly appointed by a court of competent jurisdiction outside the State of Georgia. Said Such conservator shall be required to file with the board a copy of the conservatorship returns filed annually with the probate court or with a court of competent jurisdiction outside the State of Georgia and give notice to all parties within 30 days of any change in status. (b) The board shall have authority in and shall establish procedures for appointing temporary conservators for purposes of administering workers' compensation rights and benefits without such conservator becoming the legally qualified conservator of any other property, without such conservator's actions being approved by a court of record, and without the posting of a bond, in only the following circumstances: (1) The board may, in its discretion, authorize and appoint a temporary conservator of a minor or legally incompetent person to receive and administer weekly income benefits on behalf of and for the benefit of said minor or legally incompetent person for a period not to exceed 52 weeks unless renewed or extended by order of the board; (2) The board may, in its discretion, authorize and appoint a temporary conservator of a minor or legally incompetent person to compromise and terminate any claim and receive any sum paid in settlement for the benefits and use of said minor or legally incompetent person where the net settlement amount approved by the board is less than $50,000.00 $100,000.00; however, where the natural parent is the guardian of a minor and the settlement amount is less than $15,000.00, no board appointed conservator shall be necessary. After settlement, the board shall retain the authority to resolve disputes regarding continuing representation of a board appointed conservator of a minor or legally incompetent person; and (3) If a minor or legally incompetent person does not have a duly appointed representative or conservator, the board may, in its discretion, appoint a guardian ad 3850 JOURNAL OF THE SENATE litem to bring or defend an action under this chapter in the name of and for the benefit of said minor or legally incompetent person to serve for a period not to exceed 52 weeks, unless renewed or extended by order of the board. However, no guardian ad litem appointed pursuant to this Code section shall be permitted to receive the proceeds from any such action except as provided in this Code section and the board shall have the authority to determine compensation, if any, for any guardian ad litem appointed pursuant to this Code section." SECTION 4. Said chapter is further amended by revising paragraphs (1) and (2) of subsection (b) of Code Section 34-9-264, relating to compensation for loss of hearing caused by harmful noise under workers' compensation, as follows: "(1) In the evaluation of occupational hearing loss, only the hearing levels at the frequencies of 500, 1,000, and 2,000, and 3,000 cycles per second shall be considered. Hearing losses for frequencies below 500 and above 2,000 3,000 cycles per second are not to be considered as constituting compensable hearing disability. No consideration shall be given to the question of whether or not the ability of an employee to understand speech is improved by the use of a hearing aid. The board may order the employer to provide the employee with an original hearing aid if it will materially improve the employee's ability to hear; (2) The percentage of hearing loss shall be calculated as the average, in decibels, of the thresholds of hearing for the frequencies of 500, 1,000, and 2,000, and 3,000 cycles per second. Pure tone air conduction audiometric instruments, properly calibrated according to accepted national standards such as American Standards Association, Inc. (ASA), International Standards Organization (ISO), or American National Standards Institute, Inc. (ANSI), shall be used for measuring hearing loss. If more than one audiogram is taken, the audiogram having the lowest threshold will be used to calculate occupational hearing loss. If the losses of hearing average 15 25 decibels (26 db if ANSI or ISO) or less in the three four frequencies, such losses of hearing shall not constitute any compensable hearing disability. If the losses of hearing average 82 92 decibels (93 db if ANSI or ISO) or more in the three four frequencies, then the same shall constitute and be total or 100 percent compensable hearing loss. In measuring hearing impairment, the lowest measured losses in each of the three four frequencies shall be added together and divided by three four to determine the average decibel loss. For each decibel of loss exceeding 15 25 decibels (26 db if ANSI or ISO) an allowance of 1 1/2 percent shall be made up to the maximum of 100 percent which is reached at 82 92 decibels (93 db if ANSI or ISO). In determining the binaural percentage of loss, the percentage of impairment in the better ear shall be multiplied by five. The resulting figure shall be added to the percentage of impairment in the poorer ear, and the sum of the two divided by six. The final percentage shall represent the binaural hearing impairment;" TUESDAY, MARCH 27, 2012 3851 SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senators Bethel of the 54th, Mullis of the 53rd, Rogers of the 21st and Goggans 7th offered the following amendment #1: Amend the Senate Insurance and Labor Committee substitute to HB 971 (LC 28 6269ERS) by replacing lines 7 and 8 with the following: provisions relating to compensation for loss of hearing caused by harmful noise; to amend Code Section 36-91-21 and Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to competitive award requirements and to state purchasing, respectively, so as to provide for certain contracting and bidding requirements for governmental entities and the Department of Administrative Services; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By inserting between lines 108 and 109 the following: Code Section 36-91-21 of the Official Code of Georgia Annotated, relating to competitive award requirements, is amended by redesignating existing subsections (f) and (g) as subsections (g) and (h), respectively, and by inserting a new subsection (f) to read as follows: "(f) Unless otherwise required by law, no governmental entity that contracts for public works construction shall in its bid documents, specifications, project agreements, or other controlling documents for a public works construction contract: (1) Require bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; provided, however, that nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into such agreements; or (2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects." SECTION 6. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended in Code Section 50-5-72, relating to construction and public works contracts, by designating the existing provisions as subsection (a) and inserting a new subsection as follows: "(b) Unless otherwise required by law, the Department of Administrative Services shall not in its bid documents, specifications, project agreements, or other controlling 3852 JOURNAL OF THE SENATE documents for a public works construction contract: (1) Require bidders, offerors, contractors, subcontractors, or material suppliers to enter into or adhere to prehire agreements, project labor agreements, collective bargaining agreements, or any other agreement with one or more labor organizations on the same or other related construction projects; provided, however, that nothing in this subsection shall prohibit bidders, offerors, contractors, subcontractors, or material suppliers from voluntarily entering into such agreements; or (2) Discriminate against, or treat differently, bidders, offerors, contractors, subcontractors, or material suppliers for becoming or refusing to become or remain signatories or otherwise to adhere to agreements with one or more labor organizations on the same or other related construction projects." SECTION 7. This Act shall become effective on July 1, 2012, and Sections 5 and 6 of this Act shall apply to all contracts entered into on or after such date. SECTION 8. Senator Bethel of the 54th asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Bethel, et al. amendment #1 to the committee substitute was withdrawn. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S TUESDAY, MARCH 27, 2012 3853 Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy On the passage of the bill, the yeas were 48, nays 0. Y Tippins Tolleson Y Unterman Y Wilkinson Williams HB 971, having received the requisite constitutional majority, was passed by substitute. HB 972. By Representatives Weldon of the 3rd, Lane of the 167th, Dollar of the 45th, Benton of the 31st, Parrish of the 156th and others: A BILL to be entitled an Act to amend Chapter 34 of Title 43 of the O.C.G.A., relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to amend Article 2 of Chapter 16 of Title 45 of the O.C.G.A., relating to death investigations by coroners, so as to require coroners to report to the board when a death may be the result of medication administered or prescribed; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Carter of the 1st. The Senate Health and Human Services Committee offered the following substitute to HB 972: A BILL TO BE ENTITLED AN ACT To amend Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, so as to provide for additional powers of the Georgia Composite Medical Board relating to pain management; to enact the "Georgia Pain Management Clinic Act"; to provide for legislative intent; to require the licensure of pain management clinics; to provide for definitions; to provide for requirements for licensure; to provide for denial, suspension, and revocation of licenses; to provide for notice to the board upon the occurrence of certain events; to provide for renewal of licenses; to provide for a penalty for violation of the Act; to provide for reporting by hospitals; to provide for reports to the Georgia Composite Medical Board; to provide for related matters; to repeal conflicting laws; and for other purposes. 3854 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 34 of Title 43 of the Official Code of Georgia Annotated, relating to physicians, acupuncture, physician assistants, cancer and glaucoma treatment, respiratory care, clinical perfusionists, and orthotics and prosthetics practice, is amended by revising subsection (c) of Code Section 43-34-5, relating to powers and duties of the Georgia Composite Medical Board, as follows: "(c) The board shall have the following powers and duties: (1) To adopt, amend, and repeal such rules and regulations in accordance with this chapter necessary for the proper administration and enforcement of this chapter; (2) To adopt a seal by which the board shall authenticate the acts of the board; (3) To establish a pool of qualified physicians to act as peer reviewers and expert witnesses and to appoint or contract with physicians professionally qualified by education and training, medical associations, or other professionally qualified organizations to serve as peer reviewers; provided, however, that no licensing, investigative, or disciplinary duties or functions of the board may be delegated to any medical association or related entity by contract or otherwise; (4) To employ a medical director and other staff to implement this chapter and provide necessary and appropriate support who shall be subject to the same confidentiality requirements of the board; (5) To keep a docket of public proceedings, actions, and filings; (6) To set its office hours; (7) To set all reasonable fees by adoption of a schedule of fees approved by the board. The board shall set such fees sufficient to cover costs of operation; (8) To establish rules regarding licensure and certification status, including, but not limited, to inactive status, as the board deems appropriate; (9) To issue, deny, or reinstate the licenses, certificates, or permits of duly qualified applicants for licensure, certification, or permits under this chapter; (10) To revoke, suspend, issue terms and conditions, place on probation, limit practice, fine, require additional medical training, require medical community service, or otherwise sanction licensees, certificate holders, or permit holders; (11) To renew licenses, certificates, and permits and set renewal and expiration dates and application and other deadlines; (12) To approve such examinations as are necessary to determine competency to practice under this chapter; (13) To set examination standards, approve examinations, and set passing score requirements; (14) To adopt necessary rules concerning proceedings, hearings, review hearings, actions, filings, depositions, and motions related to uncontested cases; (15) To initiate investigations for the purposes of discovering violations of this chapter; (16) To administer oaths, subpoena witnesses and documentary evidence including TUESDAY, MARCH 27, 2012 3855 medical records, and take testimony in all matters relating to its duties; (17) To conduct hearings, reviews, and other proceedings according to Chapter 13 of Title 50; (18) To conduct investigative interviews; (19) To issue cease and desist orders to stop the unlicensed practice of medicine or other profession licensed, certified, or permitted under this chapter and impose penalties for such violations; (20) To request injunctive relief or refer cases for criminal prosecution to appropriate enforcement authorities; (21) To release investigative or applicant files to another enforcement agency or lawful licensing authority in another state; (22) To sue and be sued in a court of competent jurisdiction; and (23) To enter into contracts.; (24) To license and regulate pain management clinics; (25) To establish minimum standards for prescribing controlled substances for pain management; and (26) To accept any gifts, grants, donations, and other funds, including funds from the disposition of forfeited property to the extent permitted by applicable law, to assist in enforcing this chapter." SECTION 2. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 10 43-34-280. This article shall be known and may be cited as the 'Georgia Pain Management Clinic Act.' 43-34-281. This article is enacted for the purpose of safeguarding the public health, safety, and welfare by providing for state administrative control, supervision, and regulation of pain management clinics. It is the intention of the General Assembly that people be able to obtain appropriate and safe medical care to treat conditions in which the control of pain is an element. However, the illegal and improper distribution of controlled substances is a growing problem in this state. Licensure and regulation of pain management clinics will better protect the public from criminal activities associated with the illegal distribution of controlled substances as well as provide for a safer place for people to obtain appropriate medical treatment by requiring certain minimum training of practitioners and by the regulation of pain management clinics. 43-34-282. As used in this article, the term: 3856 JOURNAL OF THE SENATE (1) 'Annual patient population' means persons seen by a clinic or practice in a 12 month calendar year but shall not include persons that are patients of a nursing home, home health agency, or hospice licensed pursuant to Chapter 7 of Title 31. (2) 'Board' means the Georgia Composite Medical Board created by Code Section 4334-2. (3) 'Chronic pain' means physical pain treated for a period of 90 days or more in a year but shall not include perioperative pain, which shall mean pain immediately preceding and immediately following a surgical procedure, when such perioperative pain is being treated in connection with a surgical procedure by a licensed health care professional acting within the scope of his or her license. (4) 'License' means a valid and current certificate of registration issued by the board pursuant to this article which shall give the person to whom it is issued authority to engage in the practice prescribed thereon. (5) 'Licensee' means any person holding a license under this article. (6) 'Nonterminal condition' means a medical condition which is reversible, where there is a reasonable hope of recovery, and where the patient's medical prognosis is a life expectancy of two years or more. (7) 'Pain management clinic' means a medical practice advertising 'treatment of pain' or utilizing 'pain' in the name of the clinic or a medical practice or clinic with greater than 50 percent of its annual patient population being treated for chronic pain for nonterminal conditions by the use of Schedule II or III controlled substances. This term shall not include any clinic or practice owned, in whole or in part, or operated by a hospital licensed pursuant to Chapter 7 of Title 31 or by a health system or any ambulatory surgical center, skilled nursing facility, hospice, or home health agency licensed pursuant to Chapter 7 of Title 31. (8) 'Person' means a natural person. (9) 'Physician' means a person who possesses a current, unrestricted license to practice medicine in the State of Georgia pursuant to Article 2 of this chapter; who, during the course of his or her practice, has not been denied the privilege of prescribing, dispensing, administering, supplying, or selling any controlled substance; and who has not, during the course of his or her practice, had board action taken against his or her medical license as a result of dependency on drugs or alcohol. 43-34-283. (a) On and after July 1, 2013, all pain management clinics shall be licensed by the board and shall biennially renew their license with the board. In the event that physicians in a pain management clinic practice at more than one location, each such location shall be licensed by the board, and such license shall be nontransferable. (b)(1) All pain management clinics shall be wholly owned by physicians licensed in this state. If a pain management clinic is incorporated, all shares shall be owned by, and all members shall be, physicians licensed in this state. (2) This subsection shall not apply to any pain management clinic in existence on June 30, 2012, which is jointly owned by one or more physician assistants or TUESDAY, MARCH 27, 2012 3857 advanced practice registered nurses and one or more physicians; provided, however, that any physician assistant or advanced practice registered nurse with an ownership interest in such pain management clinic shall be subject to all requirements which owners of pain management clinics are subject to under this article. (3) This subsection shall not apply to any pain management clinic in existence on December 1, 2011, which is not wholly owned by physicians licensed in this state; provided, however, that the person or entity that owns such pain management clinic shall not operate more than one licensed pain management clinic within this state; and provided, further, that any such owner shall be subject to all requirements which owners of pain management clinics are subject to under this article to the extent applicable to such person or entity. (4) Notwithstanding paragraphs (2) and (3) of this subsection, no person who has been convicted of a felony as defined in paragraph (3) of subsection (a) of Code Section 43-34-8 shall own or have any ownership interest in a pain management clinic. (c) The board may establish minimum standards of continuing medical education for all physicians owning and all licensed health care professionals practicing in a pain management clinic, minimum standards for any licensed health care professional employed therein, and minimum standards for pain management clinic facilities; provided, however, that nothing in this subsection shall detract from the powers and duties of the Georgia Board of Nursing and the Georgia State Board of Pharmacy regarding establishment, enforcement, and oversight of continuing education requirements for their respective licensees. (d) Upon the filing of an application for a license, the board may cause a thorough investigation of the applicant to be made and, if satisfied that the applicant possesses the necessary qualifications, shall issue a license. However, the board may issue licenses with varying restrictions to such persons where the board deems it necessary for the purpose of safeguarding the public health, safety, and welfare. (e) Whenever an applicable rule requires or prohibits action by a pain management clinic, responsibility shall be that of the owner and the physicians practicing in the pain management clinic, whether the owner is a sole proprietor, partnership, association, corporation, or otherwise. (f) The board may deny or refuse to renew a pain management clinic license if it determines that the granting or renewing of such license would not be in the public interest. (g) No pain management clinic shall provide medical treatment or services, as defined by the board, unless a physician, a physician assistant authorized to prescribe controlled substances under an approved job description, or an advanced practice registered nurse authorized to prescribe controlled substances pursuant to a physician protocol is on-site at the pain management clinic. (h) The board may enter into agreements with other states or with third parties for the purpose of exchanging information concerning licensure of any pain management clinic. 3858 JOURNAL OF THE SENATE 43-34-284. In addition to the authority granted in Code Section 43-34-8, a license obtained pursuant to this article may be denied, suspended, or revoked by the board upon finding that the licensee or a physician practicing at a licensed pain management clinic has: (1) Furnished false or fraudulent material information in any application filed under this chapter; (2) Been convicted of a crime under any state or federal law relating to any controlled substance; (3) Had his or her federal registration to prescribe, distribute, or dispense controlled substances suspended or revoked; or (4) Violated the provisions of this chapter, Chapter 13 of Title 16, or Chapter 4 of Title 26. 43-34-285. The board shall be notified immediately upon the occurrence of any of the following: (1) Permanent closing of a licensed pain management clinic; (2) Change of ownership, management, or location of a licensed pain management clinic; (3) Change of the physicians practicing in a licensed pain management clinic; (4) Any theft or loss of drugs or devices of a licensed pain management clinic; (5) Any known conviction of any employee of a licensed pain management clinic of any state or federal drug laws; (6) Any known conviction based upon charges of fraud of any employee of a licensed pain management clinic; (7) Disasters, accidents, theft, destruction, or loss of records of a licensed pain management clinic required to be maintained by state or federal law or the rules of the board; or (8) Any and all other matters and occurrences as the board may require by rule. 43-34-286. All pain management clinics that dispense controlled substances or dangerous drugs shall be registered with the Georgia State Board of Pharmacy as required by Chapter 4 of Title 26. 43-34-287. (a) All licenses shall expire biennially unless renewed. All applications for renewal of a license shall be filed with the board prior to the expiration date, accompanied by the biennial renewal fee prescribed by the board. A license which has expired for failure of the holder to renew may be late renewed after application and payment of the prescribed late renewal fee within the time period established by the board and provided the applicant meets such requirements as the board may establish by rule. Any license which has not been renewed by the end of the late renewal period shall be considered revoked and subject to reinstatement at the discretion of the board after TUESDAY, MARCH 27, 2012 3859 meeting such requirements as the board may establish. (b) As a condition of license renewal, the board shall require the owners of the pain management clinic and any physicians practicing in the pain management clinic to meet such continuing education and training requirements as may be required by rule. 43-34-288. Any person who operates a pain management clinic in the State of Georgia without a license in violation of this article shall be guilty of a felony. 43-34-289. Any hospital which operates an outpatient clinic at its main facility or at any satellite facility with greater than 50 percent of such clinic's annual patient population being treated for chronic pain for nonterminal conditions by the use of Schedule II or III controlled substances shall annually notify the board of such clinic. 43-34-290. Law enforcement officers, medical examiners, the Georgia Drugs and Narcotics Agency, and the Georgia Bureau of Investigation Medical Examiner's Office, when investigating deaths which may be the result of medication administered or prescribed or a procedure conducted at a pain management clinic as defined by paragraph (7) of Code Section 43-34-282 either by an individual licensed under Chapter 34 of Title 43 or by an individual under the supervision or delegated authority of such person, are authorized to send pertinent records on such deaths to the board. Such records shall be confidential, not subject to Article 4 of Chapter 18 of Title 50, relating to open records, and shall not be disclosed without the approval of the board." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senators Carter of the 1st and Unterman of the 45th offered the following amendment #1: Amend the Senate Health and Human Services Committee substitute to HB 972 (LC 21 1830S) by replacing lines 147 through 154 with the following: (c) The board may establish minimum standards of continuing medical education for all physicians owning a pain management clinic. All other licensed health care professionals practicing in a pain management clinic may be subject to minimum standards of continuing education established by the respective licensing board for the health care professional. On the adoption of the amendment, there were no objections, and the Carter of the 1st, Unterman amendment #1 to the committee substitute was adopted. On the adoption of the substitute, there were no objections, and the committee substitute was adopted as amended. 3860 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman N Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 3. HB 972, having received the requisite constitutional majority, was passed by substitute. HB 987. By Representatives Riley of the 50th and Maxwell of the 17th: A BILL to be entitled an Act to amend Article 7 of Chapter 17 of Title 47 of the Official Code of Georgia Annotated, relating to miscellaneous provisions relative to the Peace Officers' Annuity and Benefit Fund, so as to provide that a member of the fund who ceases to be employed as a peace officer shall have a duty to so notify the retirement fund immediately; to provide for a cessation of membership; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The following Fiscal Note, as required by law, was read by the Secretary: TUESDAY, MARCH 27, 2012 3861 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 9, 2012 The Honorable Lynne Riley State Representative Coverdell Legislative Office Building, Room 504 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 987 (LC 21 1625) Dear Representative Riley: This bill would amend provisions relating to the Peace Officers' Annuity and Benefit Fund. Specifically, this bill would require a member of the Fund to notify the Board immediately if the member has a change in employment or in job description that no longer qualifies him or her as a `peace officer' as defined in O.C.G.A. 47-17-1. The Board would then be prohibited from receiving dues from such member. Additionally, the Board may not pay benefits calculated on service after such change of employment or job description. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. 3862 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 48, nays 0. HB 987, having received the requisite constitutional majority, was passed. HB 990. By Representatives Jones of the 46th, Riley of the 50th, Martin of the 47th, Willard of the 49th, Dudgeon of the 24th and others: A BILL to be entitled an Act to amend Chapter 31 of Title 36 of the Official Code of Georgia Annotated, relating to incorporation of municipal corporations, so as to change certain provisions relating to municipal control over parks and fire stations; to change certain provisions relating to special districts divided into noncontiguous areas, information required in audits, informational summary, and effect of creation of municipal corporation and distribution of excess proceeds from special district taxes, fees, and assessments; to provide for applicability; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. TUESDAY, MARCH 27, 2012 3863 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Jackson, L N James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 39, nays 10. HB 990, having received the requisite constitutional majority, was passed. Senator Thompson of the 5th was excused for business outside the Senate Chamber. HB 1024. By Representatives Rice of the 51st and Harrell of the 106th: A BILL to be entitled an Act to amend an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, so as to revise and change the population and census application; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Miller of the 49th. The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1024: 3864 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To repeal an Act providing for a budget commission in certain counties based upon classification by population, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended; 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 providing for a budget commission in certain counties, approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. p. 2815), as amended, is repealed in its entirety. SECTION 2. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, the President asked unanimous consent. Senator Albers of the 56th objected. On the adoption of the substitute, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort N Ginn N Hamrick E Harbison N Heath Y Henson N Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk N McKoon Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton Stone Y Stoner Y Tate E Thompson, C Y Thompson, S N Tippins N Tolleson TUESDAY, MARCH 27, 2012 3865 N Goggans N Golden N Gooch Grant N Millar N Miller N Mullis N Murphy N Unterman N Wilkinson N Williams On the adoption of the substitute, the yeas were 19, nays 29, and the committee substitute was lost. Senator Thompson of the 33rd moved that the Senate reconsider its action in defeating the committee substitute. On the motion, the President ordered a roll call, and the vote was as follows: N Albers N Balfour N Bethel Bulloch Y Butler N Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport Y Davis Y Fort N Ginn N Goggans N Golden N Gooch Grant N Hamrick E Harbison N Heath Y Henson N Hill, Jack E Hill, Judson Y Hooks N Jackson, B Y Jackson, L Y James N Jeffares Y Jones N Ligon Loudermilk N McKoon N Millar N Miller N Mullis N Murphy Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer Y Sims N Staton N Stone Y Stoner Y Tate E Thompson, C Y Thompson, S N Tippins N Tolleson N Unterman N Wilkinson N Williams On the motion, the yeas were 17, nays 32, and the committee substitute was not reconsidered. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick E Harbison Y Heath N Orrock N Paris E Ramsey 3866 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Henson Y Hill, Jack E Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate E Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 34, nays 15. HB 1024, having received the requisite constitutional majority, was passed. At 5:50 p.m. the President announced that the Senate would stand at ease until 6:30 p.m. At 6:30 p.m. the President called the Senate to order. Senator Bethel of the 54th was excused for business outside the Senate Chamber. The Calendar was resumed. HB 1026. By Representatives Sheldon of the 105th, Rice of the 51st and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 15-16-13 of the Official Code of Georgia Annotated, relating to authorization of law enforcement contracts with municipalities, reimbursement, employment and expenditures, and exception, so as to change the provisions relative to population brackets and the census regarding the exception to such Code section; to provide an effective date; 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. TUESDAY, MARCH 27, 2012 3867 On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour E Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 45, nays 1. HB 1026, having received the requisite constitutional majority, was passed. HB 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th, Hatchett of the 143rd and Dollar of the 45th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to the tax credit for film or video production in Georgia; to change certain provisions relating to the exemptions from sales and use tax for film producers and film production companies; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. The Senate Finance Committee offered the following substitute to HB 1027: 3868 JOURNAL OF THE SENATE A BILL TO BE ENTITLED AN ACT To amend Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, so as to change certain definitions relating to the job tax credit; to change certain provisions relating to the tax credit for film, video, or interactive entertainment production in Georgia; 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 7 of Title 48 of the Official Code of Georgia Annotated, relating to income taxes, is amended in Code Section 48-7-40.24, relating to conditions for taking the job tax credit, by adding a new paragraph and revising paragraph (1) of subsection (a) as follows: "(.1) 'Affiliate' means the members of a business enterprise's affiliated group within the meaning of Section 1504(a) of the Internal Revenue Code and also means any entity, notwithstanding its form of organization, that would otherwise qualify as a member of such affiliated group. (1) 'Business enterprise' or 'taxpayer' means any enterprise or organization, whether corporation, partnership, limited liability company, proprietorship, association, trust, business trust, real estate trust, or other form of organization, and its affiliates, which is are registered and authorized to use the federal employment verification system known as 'E-Verify' or any successor federal employment verification system and is are engaged in or carrying on any business activities within this state, except that such term shall not include retail businesses." SECTION 2. Said chapter is further amended by revising Code Section 48-7-40.26, relating to a tax credit for film or video production in Georgia, as follows: "48-7-40.26. (a) This Code section shall be known and may be cited as the 'Georgia Entertainment Industry Investment Act.' (b) As used in this Code section, the term: (1) 'Affiliates' means those entities that are included in the production company's or qualified interactive entertainment production company's affiliated group as defined in Section 1504(a) of the Internal Revenue Code and all other entities that are directly or indirectly owned 50 percent or more by members of the affiliated group. (2) 'Base investment' means the aggregate funds actually invested and expended by a production company or qualified interactive entertainment production company as production expenditures incurred in this state that are directly used in a state certified production or productions. (3) 'Multimarket commercial distribution' means paid commercial distribution which extends to markets outside the State of Georgia. TUESDAY, MARCH 27, 2012 3869 (4) 'Production company' means a company, other than a qualified interactive entertainment production company, primarily engaged in qualified production activities which have been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (5) 'Production expenditures' means preproduction, production, and postproduction expenditures incurred in this state that are directly used in a qualified production activity, including without limitation the following: set construction and operation; wardrobes, make-up, accessories, and related services; costs associated with photography and sound synchronization, expenditures excluding license fees incurred with Georgia companies for sound recordings and musical compositions, lighting, and related services and materials; editing and related services; rental of facilities and equipment; leasing of vehicles; costs of food and lodging; digital or tape editing, film processing, transfers of film to tape or digital format, sound mixing, computer graphics services, special effects services, and animation services; total aggregate payroll; airfare, if purchased through a Georgia based travel agency or travel company; insurance costs and bonding, if purchased through a Georgia based insurance agency; and other direct costs of producing the project in accordance with generally accepted entertainment industry practices. This term shall not include postproduction expenditures for footage shot outside the State of Georgia, marketing, story rights, or and distribution, but shall not affect other qualified story rights. This term includes payments to a loan-out company by a production company or qualified interactive entertainment production company that has met its withholding tax obligations as set out below. The production company or qualified interactive entertainment production company shall withhold Georgia income tax at the rate of 6 percent on all payments to loan-out companies for services performed in Georgia. Any amounts so withheld shall be deemed to have been withheld by the loan-out company on wages paid to its employees for services performed in Georgia pursuant to Article 5 of Chapter 7 of this title notwithstanding the exclusion provided in subparagraph (K) of paragraph (10) of Code Section 48-7-100. The amounts so withheld shall be allocated to the loan-out company's employees based on the payments made to the loan-out company's employees for services performed in Georgia. For purposes of this chapter, loan-out company nonresident employees performing services in Georgia shall be considered taxable nonresidents and the loanout company shall be subject to income taxation in the taxable year in which the loanout company's employees perform services in Georgia, notwithstanding any other provisions in this chapter. Such withholding liability shall be subject to penalties and interest in the same manner as the employee withholding taxes imposed by Article 5 of Chapter 7 and the commissioner shall provide by regulation the manner in which such liability shall be assessed and collected. (6) 'Qualified Georgia promotion' means a qualified promotion of this state approved 3870 JOURNAL OF THE SENATE by the Department of Economic Development consisting of a: (A) Qualified movie production which includes an approximately a five-second long static or animated logo that promotes Georgia within its presentation and all promotional trailers worldwide in the end credits before the below-the-line crew crawl for the life of the project and which includes a link to Georgia on the project's web page; (B) Qualified TV production which includes an imbedded embedded five-second long Georgia promotion during each broadcast half hour worldwide for the life of the project and which includes a link to Georgia on the project's web page; (C) Qualified music video which includes the Georgia logo at the end of each video and within online promotions; or (D) Qualified interactive game which includes a 15 second long Georgia advertisement in units sold and imbedded embedded in online promotions. (7) 'Qualified interactive entertainment production company' means a company whose gross income is less than $100 million that is primarily engaged in qualified production activities related to interactive entertainment which has been approved by the Department of Economic Development. This term shall not mean or include any form of business owned, affiliated, or controlled, in whole or in part, by any company or person which is in default on any tax obligation of the state, or a loan made by the state or a loan guaranteed by the state. (7)(8) 'Qualified production activities' means the production of new film, video, or digital projects produced in this state and approved by the Department of Economic Development, such as including only the following: feature films, series, pilots, movies for television, televised commercial advertisements, music videos, interactive entertainment or sound recording projects used in feature films, series, pilots, or movies for television. Such activities shall include projects recorded in this state, in whole or in part, in either short or long form, animation and music, fixed on a delivery system which includes without limitation film, videotape, computer disc, laser disc, and any element of the digital domain, from which the program is viewed or reproduced, and which is intended for multimarket commercial distribution via theaters, video on demand, direct to DVD, digital platforms designed for the distribution of interactive games, licensing for exhibition by individual television stations, groups of stations, networks, advertiser supported sites, cable television stations, or public broadcasting stations, corporations, live venues, the Internet, or any other channel of exhibition. Such term shall not include the production of television coverage of news and athletic events, local interest programming, instructional videos, corporate videos, or projects not shot, recorded, or originally created in Georgia. (8)(9) 'Resident' means an individual as designated pursuant to paragraph (10) of Code Section 48-7-1, as amended. (9)(10) 'State certified production' means a production engaged in qualified production activities which have been approved by the Department of Economic Development in accordance with regulations promulgated pursuant to this Code TUESDAY, MARCH 27, 2012 3871 section. In the instance of a 'work for hire' in which one production company or qualified interactive entertainment production company hires another production company or qualified interactive entertainment production company to produce a project or contribute elements of a project for pay, the hired company shall be considered a service provider for the hiring company, and the hiring company shall be entitled to the film tax credit. (10)(11) 'Total aggregate payroll' means the total sum expended by a production company or qualified interactive entertainment production company on salaries paid to employees working within this state in a state certified production or productions. For purposes of this paragraph: (A) With respect to a single employee, the portion of any salary which exceeds $500,000.00 for a single production shall not be included when calculating total aggregate payroll; and (B) All payments to a single employee and any legal entity in which the employee has any direct or indirect ownership interest shall be considered as having been paid to the employee and shall be aggregated regardless of the means of payment or distribution. (c) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state did not exceed $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. The tax credit under this subsection shall be allowed if the base investment in this state equals or exceeds $500,000.00 for qualified production activities and shall be calculated as follows: (1) The production company or qualified interactive entertainment production company shall be allowed a tax credit equal to 20 percent of the base investment in this state; and (2)(A) The production company or qualified interactive entertainment production company shall be allowed an additional tax credit equal to 10 percent of such base investment if the qualified production activity includes a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer alternative marketing opportunities to be evaluated by the Georgia Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to: (i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; 3872 JOURNAL OF THE SENATE (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor. (d) For any production company or qualified interactive entertainment production company and its affiliates that invest in a state certified production approved by the Department of Economic Development and whose average annual total production expenditures in this state exceeded $30 million for 2002, 2003, and 2004, there shall be allowed an income tax credit against the tax imposed under this article. For purposes of this subsection, the excess base investment in this state is computed by taking the current year production expenditures in a state certified production and subtracting the average of the annual total production expenditures for 2002, 2003, and 2004. The tax credit shall be calculated as follows: (1) If the excess base investment in this state equals or exceeds $500,000.00, the production company or qualified interactive entertainment production company and its affiliates shall be allowed a tax credit of 20 percent of such excess base investment; and (2)(A) The production company or qualified interactive entertainment production company and its affiliates shall be allowed an additional tax credit equal to 10 percent of the excess base investment if the qualified production activities include a qualified Georgia promotion. In lieu of the inclusion of the Georgia promotional logo, the production company or qualified interactive entertainment production company may offer marketing opportunities to be evaluated by the Department of Economic Development to ensure that they offer equal or greater promotional value to the State of Georgia. (B) The Department of Economic Development shall prepare an annual report detailing the marketing opportunities it has approved under the provisions of subparagraph (A) of this paragraph. The report shall include, but not be limited to: (i) The goals and strategy behind each marketing opportunity approved pursuant to the provisions of subparagraph (A) of this paragraph; (ii) The names of all production companies approved by the Department of Economic Development to provide alternative marketing opportunities; (iii) The estimated value to the state of each approved alternative marketing opportunity compared to the estimated value of the Georgia promotional logo; and (iv) The names of all production companies who chose to include the Georgia promotional logo in their final production instead of offering the state an alternative marketing proposal. TUESDAY, MARCH 27, 2012 3873 The report required under this paragraph shall be completed no later than January 1 of each year and presented to each member of the House Committee on Ways and Means, the Senate Finance Committee, the Senate Economic Development Committee, the House Committee on Economic Development and Tourism, and the Governor. (e)(1) In no event shall the aggregate amount of tax credits allowed under this Code section for qualified interactive entertainment production companies and affiliates exceed $25 million. The maximum credit for any qualified interactive entertainment production company and its affiliates shall be $5 million. (2) The commissioner shall allow the tax credits for qualified interactive entertainment production companies on a first come, first served basis based on the date the credits are claimed. When the $25 million cap is reached, the tax credit for qualified interactive entertainment production companies shall expire. (e)(f)(1) Where the amount of such credit or credits exceeds the production company's or qualified interactive entertainment production company's liability for such taxes in a taxable year, the excess may be taken as a credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103. Each employee whose employer receives credit against such production company's or qualified interactive entertainment production company's quarterly or monthly payment under Code Section 48-7-103 shall receive credit against his or her income tax liability under Code Section 48-7-20 for the corresponding taxable year for the full amount which would be credited against such liability prior to the application of the credit provided for in this subsection. Credits against quarterly or monthly payments under Code Section 48-7-103 and credits against liability under Code Section 48-7-20 established by this subsection shall not constitute income to the production company or qualified interactive entertainment production company. (2) If a production company and its affiliates, or a qualified interactive entertainment production company and its affiliates, claim the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 48-7-40.18, then the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, will only be allowed to claim the credit authorized under this Code section to the extent that the Georgia resident employees included in the credit calculation authorized under this Code section and taken by the production company and its affiliates, or the qualified interactive entertainment production company and its affiliates, on such tax return under this Code section have been permanently excluded from the credit authorized under Code Section 48-7-40, 48-7-40.1, 48-7-40.17, or 487-40.18. (f)(g) Any tax credits with respect to a state certified production earned by a production company or qualified interactive entertainment production company and previously claimed but not used by such production company or qualified interactive entertainment production company against its income tax may be transferred or sold in whole or in part by such production company or qualified interactive entertainment 3874 JOURNAL OF THE SENATE production company to another Georgia taxpayer, subject to the following conditions: (1) Such production company or qualified interactive entertainment production company may make only a single transfer or sale of tax credits earned in a taxable year; however, the transfer or sale may involve one or more transferees; (2) Such production company or qualified interactive entertainment production company shall submit to the Department of Economic Development and to the Department of Revenue a written notification of any transfer or sale of tax credits within 30 days after the transfer or sale of such tax credits. The notification shall include such production company's or qualified interactive entertainment production company's tax credit balance prior to transfer, the credit certificate number, the remaining balance after transfer, all tax identification numbers for each transferee, the date of transfer, the amount transferred, and any other information required by the Department of Economic Development or the Department of Revenue; (3) Failure to comply with this subsection shall result in the disallowance of the tax credit until the production company or qualified interactive entertainment production company is in full compliance; (4) The transfer or sale of this tax credit does not extend the time in which such tax credit can be used. The carry-forward period for tax credit that is transferred or sold shall begin on the date on which the tax credit was originally earned; (5) A transferee shall have only such rights to claim and use the tax credit that were available to such production company or qualified interactive entertainment production company at the time of the transfer, except for the use of the credit in paragraph (1) of subsection (e)(f) of this Code section. To the extent that such production company or qualified interactive entertainment production company did not have rights to claim or use the tax credit at the time of the transfer, the Department of Revenue shall either disallow the tax credit claimed by the transferee or recapture the tax credit from the transferee. The transferee's recourse is against such production company or qualified interactive entertainment production company; and (6) The transferee must acquire the tax credits in this Code section for a minimum of 60 percent of the amount of the tax credits so transferred. (g)(h) The credit granted under this Code section shall be subject to the following conditions and limitations: (1) The credit may be taken beginning with the taxable year in which the production company or qualified interactive entertainment production company has met the investment requirement. For each year in which such production company or qualified interactive entertainment production company either claims or transfers the credit, the production company or qualified interactive entertainment production company shall attach a schedule to the production company's or qualified interactive entertainment production company's Georgia income tax return which will set forth the following information, as a minimum: (A) A description of the qualified production activities, along with the certification from the Department of Economic Development; (B) A detailed listing of the employee names, social security numbers, and Georgia TUESDAY, MARCH 27, 2012 3875 wages when salaries are included in the base investment; (C) The amount of tax credit claimed for the taxable year; (D) Any tax credit previously taken by the production company or qualified interactive entertainment production company against Georgia income tax liabilities or the production company's or qualified interactive entertainment production company's quarterly or monthly payments under Code Section 48-7-103; (E) The amount of tax credit carried over from prior years; (F) The amount of tax credit utilized by the production company or qualified interactive entertainment production company in the current taxable year; and (G) The amount of tax credit to be carried over to subsequent tax years; (2) In the initial year in which the production company or qualified interactive entertainment production company claims the credit granted in this Code section, the production company or qualified interactive entertainment production company shall include in the description of the qualified production activities required by subparagraph (A) of paragraph (1) of this subsection information which demonstrates that the activities included in the base investment or excess base investment equal or exceed $500,000.00 during such year; and (3) In no event shall the amount of the tax credit under this Code section for a taxable year exceed the production company's or qualified interactive entertainment production company'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 investment occurred. No such credit shall be allowed the production company or qualified interactive entertainment production company against prior years' tax liability. (h)(i) The Department of Economic Development shall determine through the promulgation of rules and regulations what projects qualify for the tax credits authorized under this Code section. Certification shall be submitted to the state revenue commissioner. (i)(j) The state revenue commissioner shall promulgate such rules and regulations as are necessary to implement and administer this Code section. (j)(k) Any production company or qualified interactive entertainment production company claiming, transferring, or selling the tax credit shall be required to reimburse the Department of Revenue for any department initiated audits relating to the tax credit. This subsection shall not apply to routine tax audits of a taxpayer which may include the review of the credit provided in this Code section." SECTION 3. (a) This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 1 of this Act shall be applicable to all tax years beginning on or after January 1, 2012. (c) Section 2 of this Act shall be applicable to all tax years beginning on or after January 1, 2013. 3876 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 Albers Balfour E Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner Y Tate E Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 46, nays 0. HB 1027, having received the requisite constitutional majority, was passed by substitute. HB 1049. By Representative Willard of the 49th: 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 change its applicability and requirements; to change certain definitions; to correct certain crossreferences; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to TUESDAY, MARCH 27, 2012 3877 require that such information be updated; to provide for notices of delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn of the 47th. The Senate Regulated Industries and Utilities Committee offered the following substitute to HB 1049: 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 change its applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to change certain provisions relating to subscriber billing and liability and the use of proceeds in the Emergency Telephone System Fund; to provide for notices of delinquency to be sent by the director 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. 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 paragraph (12.1) of Code Section 46-5-122, relating to definitions, as follows: "(12.1) 'Prepaid wireless service' means any method pursuant to which a customer pays a wireless service provider in advance for a wireless telecommunications connection. Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a wireless communication, or an Internet transaction where a telephone subscriber pays in advance for a wireless telecommunications connection: (A) That is sold in predetermined units or dollars: (i) The number of which declines with use in a known amount; and (ii) Which expire without an additional retail purchase of units or dollars; (B) That is not offered in conjunction with other communications services for which the terms permit payment in arrears; and (C) The charges for which are: (i) Not billed to any telephone subscriber or other person; or 3878 JOURNAL OF THE SENATE (ii) Not provided to a telephone subscriber or other person in a monthly statement. Such term shall include, without limitation, calling or usage privileges included with the purchase of a wireless telephone as well as additional calling or usage privileges purchased by any means, including, without limitation, a calling card, a call, or an Internet transaction." SECTION 2. Said part is further amended by revising Code Section 46-5-124.1, relating to the requirement that service suppliers register certain information with the director of emergency management, updating certain information, and notices of delinquency, as follows: "46-5-124.1. (a) Any service supplier or Voice over Internet Protocol service supplier doing business in Georgia shall register the following information with the director: (1) The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier to whom the resolution adopted pursuant to Code Section 46-5-133 or other notification of intent to provide automatic number identification or automatic location identification, or both, of a telephone service connection should be submitted; (2) The name, address, and telephone number of the representative of the service supplier or Voice over Internet Protocol service supplier with whom a local government must coordinate to implement automatic number identification or automatic location identification, or both, of a telephone service connection; (3) The counties in Georgia in which the service supplier or Voice over Internet Protocol service supplier is authorized to provide telephone service at the time the filing is made; and (4) Every corporate name under which the service supplier or Voice over Internet Protocol service supplier is authorized to provide telephone service in Georgia. (b) After the initial submission by each service supplier or Voice over Internet Protocol service supplier doing business in this state, the information required by subsection (a) of this Code section shall be updated and submitted to the director by the tenth day of January and the tenth day of July of each year or such other semiannual schedule as the director may establish. (c) The director shall send a notice of delinquency to any service supplier or Voice over Internet Protocol service supplier which fails to comply with subsection (b) of this Code section. Such notice shall be sent by certified mail or statutory overnight delivery. Any service supplier which or Voice over Internet Protocol service supplier that fails to register and provide the information required by this Code section within 30 days after receipt of a notice of delinquency shall not be eligible to receive cost recovery funds as provided in subsection (e) of Code Section 46-5-134 until the service supplier or Voice over Internet Protocol service supplier is in compliance with subsection (b) of this Code section." TUESDAY, MARCH 27, 2012 3879 SECTION 3. Said part is further amended by revising subsection (e) of Code Section 46-5-134, relating to subscriber billing and liability, taxes on service, establishment of and the use of proceeds in the Emergency Telephone System Fund, and records, as follows: "(e)(1) A wireless service supplier may recover its costs expended on the implementation and provision of wireless enhanced 9-1-1 services to subscribers in an amount not to exceed 30 of each 9-1-1 charge collected from a place of primary use that is within the geographic area that is served by the local government or would be served by the local government for the purpose of such emergency 9-1-1 system; provided, however, that such amount may be increased to 45 upon implementation of step two of the state plan governing 9-1-1 enhanced communications as provided in subsection (g) of this Code section. Such cost recovery amount shall be based on the actual cost incurred by the wireless service supplier in providing wireless enhanced 91-1 services. (2) A wireless service supplier shall not be authorized to recover any costs under paragraph (1) of this subsection with respect to any prepaid wireless services." SECTION 4. Said part is further amended by revising Code Section 46-5-134.2, relating to prepaid wireless 9-1-1 charge, definitions, imposition of fee by localities, collection and remission of charges, and distribution of funds, as follows: "46-5-134.2. (a) As used in this Code section, the term: (1) 'Commissioner' means the state revenue commissioner. (2) 'Consumer' means a person who purchases prepaid wireless telecommunications service in a retail transaction. (3) 'Department' means the Department of Revenue. (4) 'Prepaid wireless 9-1-1 charge' means the charge that is required to be collected by a seller from a consumer in the amount established under subsection (b) of this Code section. (5) 'Prepaid wireless telecommunications service' has the same meaning as prepaid wireless service as such term is defined in Code Section 46-5-122 Reserved. (6) 'Provider' means a person that provides prepaid wireless telecommunications service pursuant to a license issued by the Federal Communications Commission. (7) 'Retail transaction' means the purchase of prepaid wireless telecommunications service from a seller for any purpose other than resale. (8) 'Seller' means a person who sells prepaid wireless telecommunications service to another person. (9) 'Wireless telecommunications service' means commercial mobile radio service as defined by 47 C.F.R. Section 20.3 of Title 47 of the Code of Federal Regulations, as amended. (b)(1) Counties and municipalities that operate a 9-1-1 public safety answering point, including counties and municipalities that operate multijurisdictional or regional 9-1-1 3880 JOURNAL OF THE SENATE systems or have created a joint authority pursuant to Code Section 46-5-138, are authorized to impose by ordinance or resolution a prepaid wireless 9-1-1 charge in the amount of 75 cents 75 per retail transaction. Imposition of the fee charge authorized by this Code section by a county or municipality is shall be contingent upon compliance with the requirements of paragraph (1) of subsection (j) of this Code section. (2) Where a county or municipality that operates a 9-1-1 public safety answering point fails to comply with the requirements of paragraph (1) of subsection (j) of this Code section by December 31, 2011, on and after that date, the prepaid wireless 9-1-1 charge authorized by paragraph (1) of this subsection shall be imposed within the jurisdiction of such counties and municipalities as a state fee for state purposes. (c) Where a county or municipality imposes a prepaid wireless 9-1-1 charge as authorized by paragraph (1) of subsection (b) of this Code section, or the prepaid wireless 9-1-1 charge is imposed by the State of Georgia by paragraph (2) of subsection (b) of this Code section, the prepaid wireless 9-1-1 charge shall be collected by the seller from the consumer with respect to each retail transaction occurring in this state. The amount of the prepaid wireless 9-1-1 charge shall be either separately stated on an invoice, receipt, or other similar document that is provided to the consumer by the seller, or otherwise disclosed to the consumer. (d) For the purposes of subsection (c) of this Code section, a retail transaction that is effected in person by a consumer at a business location of the seller shall be treated as occurring in this state if that business location is in this state, and any other retail transaction shall be treated as occurring in this state if the retail transaction is treated as occurring in this state for purposes of a prepaid wireless calling service as provided in paragraph (3) of subsection (e) of Code Section 48-8-77. (e) The prepaid wireless 9-1-1 charge shall be the liability of the consumer and not of the seller or of any provider, except that the seller shall be liable to remit all prepaid wireless 9-1-1 charges that the seller collects from consumers as provided in this Code section, including all such charges that the seller is deemed to collect where the amount of the charge has not been separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller. (f) The amount of the prepaid wireless 9-1-1 charge that is collected by a seller from a consumer, if such amount is separately stated on an invoice, receipt, or other similar document provided to the consumer by the seller, shall not be included in the base for measuring any tax, fee, surcharge, or other charge that is imposed by this state, any political subdivision of this state, or any intergovernmental agency. (g)(1) If a minimal amount of prepaid wireless telecommunications service is sold with a prepaid wireless device for a single, nonitemized price, then the seller may elect not to apply the amount specified in subsection (b) of this Code section to such transaction. (2) If a minimal amount of prepaid wireless service is separately priced and sold as part of a single retail transaction that does not contain a prepaid wireless device or another prepaid wireless service, then the seller may elect not to apply the amount TUESDAY, MARCH 27, 2012 3881 specified in subsection (b) of this Code section to such transaction. (3) For purposes of this subsection, the term 'minimal' means an amount of service denominated as ten minutes or less, or $5.00 or less. (h) Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the commissioner at the times and in the manner provided by Chapter 8 of Title 48 with respect to the sales and use tax imposed on prepaid wireless calling service. The commissioner shall establish registration and payment procedures that substantially coincide with the registration and payment procedures that apply to the sale of prepaid wireless calling service under Chapter 8 of Title 48. Audit and appeal procedures applicable under Chapter 8 of Title 48 shall apply to the prepaid wireless 9-1-1 charge. The commissioner shall establish procedures by which a seller of prepaid wireless telecommunications service may document that a sale is not a retail transaction, which procedures shall substantially coincide with the procedures for documenting sale for resale transactions under Chapter 8 of Title 48. Nothing in this Code section shall authorize the commissioner to require that sellers of prepaid wireless calling services services identify, report, or specify the jurisdiction within which the retail sale of such services occurred. (i) A seller shall be permitted to deduct and retain 3 percent of prepaid wireless 9-1-1 charges that are collected by the seller from consumers. (j) Prepaid wireless 9-1-1 charges remitted to the commissioner as provided in this Code section shall be distributed to counties, municipalities, and the State of Georgia as follows: (1) On or before the December 31 of the year prior to the first year that the fee prepaid wireless 9-1-1 charge is imposed, each county and municipal corporation levying the fee prepaid wireless 9-1-1 charge, including counties and municipalities levying the fee prepaid wireless 9-1-1 charge that operate multijurisdictional or regional 9-1-1 systems or have created a joint authority pursuant to Code Section 465-138, shall file with the commissioner a certified copy of the pertinent parts of all ordinances and resolutions and amendments thereto which levy the prepaid wireless 9-1-1 charge authorized by this Code section. The ordinance or resolution specified herein shall specify an effective date of January 1, 2012, and impose a fee prepaid wireless 9-1-1 charge in the amount specified in paragraph (1) of subsection (b) of this Code section. The filing required by this paragraph shall be a condition of the collection of the prepaid wireless 9-1-1 charge within any county or municipality.; (2)(A) Each county or municipality operating a public safety answering point that has levied the prepaid wireless 9-1-1 charge authorized by this Code section and complied with the filing requirement of paragraph (1) of this subsection shall receive an amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending on June 30 times a fraction, the numerator of which is the population of the jurisdiction or jurisdictions operating the public safety answering point and the denominator of which is the total population of the this state. An amount calculated by multiplying the total amount remitted to the commissioner during the 12 month period ending on June 30 times a 3882 JOURNAL OF THE SENATE fraction, the numerator of which is the total population of any jurisdiction or jurisdictions operating public safety answering points that have not complied with the filing requirement of paragraph (1) of this subsection and the denominator of which is the total population of this state, shall be deposited as provided in paragraph (5) of this subsection. (B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the initial distribution shall be calculated using the total amount remitted to the commissioner during the six-month period beginning January 1, 2012, and ending June 30, 2012. (C) For the purposes of this paragraph, population shall be measured by the United States decennial census of 2010 or any future such census plus any corrections or revisions contained in official statements by the United States Bureau of the Census made prior to the first day of September immediately preceding the distribution of the proceeds of such charges by the commissioner and any official census data received by the commissioner from the United States Bureau of the Census or its successor agency pertaining to any newly incorporated municipality. Such corrections, revisions, or additional data shall be certified to the commissioner by the Office of Planning and Budget on or before August 31 of each year.; (3) Funds shall be distributed annually on or before October 15 of each year. Such distribution shall include any delinquent charges actually collected by the commissioner for a previous fiscal year which have not been previously distributed.; (4) Prior to calculating the distributions to county and municipal governments as provided in this subsection, the commissioner shall subtract an amount, not to exceed 2 percent of remitted charges, to defray the cost of administering and distributing funds from the prepaid wireless 9-1-1 charge. Such amount shall be paid into the general fund of the state treasury.; (5) Funds distributed to a county or municipality pursuant to this Code section shall be deposited and accounted for in a separate restricted revenue fund known as the Emergency Telephone System Fund, maintained by the local government pursuant to paragraph (2) of subsection (d) of Code Section 46-5-134. The commissioner shall deposit all funds received pursuant to paragraph (2) of subsection (b) of this Code section, other than the funds received pursuant to paragraph (4) of this subsection, into the general fund of the state treasury in compliance with Article 4 of Chapter 12 of Title 45, the 'Budget Act.' It is the intention of the General Assembly, subject to the appropriation process, that an amount equal to the amount deposited into the general fund of the state treasury as provided in this paragraph be appropriated each year to a program of state grants to counties and municipalities administered by the department for the purpose of supporting the operations of public safety answering points in the improvement of 9-1-1 service delivery. The department shall promulgate rules and regulations for the administration of the 9-1-1 grant program.; and (6) Notwithstanding a county's or municipality's failure to comply with the filing requirement of paragraph (1) of this subsection prior to January 1, 2012, a county or TUESDAY, MARCH 27, 2012 3883 municipality that subsequently meets such filing requirements prior to January 1 of any subsequent year shall become eligible to participate in the next succeeding distribution of proceeds pursuant to subparagraph (A) of paragraph (2) of this subsection. (k)(1) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of, or failure to provide, 9-1-1 or enhanced 9-1-1 service, or for identifying, or failing to identify, the telephone number, address, location, or name associated with any person or device that is accessing or attempting to access 9-1-1 or enhanced 9-1-1 service. (2) No provider or seller of prepaid wireless telecommunications service shall be liable for damages to any person resulting from or incurred in connection with the provision of any lawful assistance to any investigative or law enforcement officer of the United States, this or any other state, or any political subdivision of this or any other state in connection with any lawful investigation or other law enforcement activity by such law enforcement officer. (3) In addition to the liability provisions of paragraphs (1) and (2) of this subsection, the provisions of Code Section 46-5-135 shall apply to sellers and providers of prepaid wireless telecommunications service. (l) The prepaid wireless 9-1-1 charge authorized by this Code section shall be the only 9-1-1 funding obligation imposed with respect to prepaid wireless telecommunications service in this state, and no tax, fee, surcharge, or other charge shall be imposed by this state, any political subdivision of this state, or any intergovernmental agency for 9-1-1 funding purposes upon any provider, seller, or consumer with respect to the sale, purchase, use, or provision of prepaid wireless telecommunications service." 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: N Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Hamrick E Harbison N Heath Y Henson Hill, Jack N Hill, Judson Y Orrock Y Paris E Ramsey N Rogers Y Seay N Shafer 3884 JOURNAL OF THE SENATE Y Carter, J Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk N McKoon Y Millar N Miller Y Mullis Y Murphy Y Sims N Staton Y Stone Y Stoner Y Tate E Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman N Wilkinson N Williams On the passage of the bill, the yeas were 37, nays 11. HB 1049, having received the requisite constitutional majority, was passed by substitute. HB 1071. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to 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 include hearings related to tobacco within its meaning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. The Senate Finance Committee offered the following substitute to HB 1071: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on TUESDAY, MARCH 27, 2012 3885 certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to 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 include hearings related to tobacco within its meaning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, is amended by revising Code Section 48-11-1, relating to definitions relative to taxes on tobacco products, as follows: "48-11-1. As used in this chapter, the term: (1) 'Cigar' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is also tobacco. Such term shall include a little cigar. (2) 'Cigar dealer' means any person located within the borders of this state who sells or distributes cigars to a consumer in this state. (3) 'Cigar distributor' means any person, whether located within or outside the borders of this state, other than a cigar dealer, who sells or distributes cigars within or into the boundaries of this state and who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigar dealers; and (B) Is engaged in the business of: (i) Importing cigars into this state or purchasing cigars from other cigar manufacturers or cigar distributors; and (ii) Selling the cigars to cigar dealers in this state for resale but is not in the business of selling the cigars directly to the ultimate consumer of the cigars. (4) 'Cigar importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigar for sale or distribution. (5) 'Cigar manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigar. (6) 'Cigarette' means any roll for smoking made wholly or in part of tobacco when the cover of the roll is paper or any substance other than tobacco. (7) 'Cigarette dealer' means any person located within the borders of this state who sells or distributes cigarettes to a consumer in this state. (8) 'Cigarette distributor' means any person, whether located within or outside the borders of this state, other than a cigarette dealer, who sells or distributes cigarettes within or into the boundaries of this state and who: 3886 JOURNAL OF THE SENATE (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on cigarette dealers; and (B) Is engaged in the business of: (i) Importing cigarettes into this state or purchasing cigarettes from other cigarette manufacturers or cigarette distributors; and (ii) Selling the cigarettes to cigarette dealers in this state for resale but is not in the business of selling the cigarettes directly to the ultimate consumer of the cigarettes. Such term shall not include any cigarette manufacturer, export warehouse proprietor, or cigarette importer with a valid permit under 26 U.S.C. Section 5712, if such person sells or distributes cigarettes in this state only to cigarette distributors who hold valid and current licenses under Code Section 48-11-4 or to an export warehouse proprietor or another cigarette manufacturer with a valid permit under 26 U.S.C. Section 5712. (9) 'Cigarette importer' means any person who imports into or who brokers within the United States, either directly or indirectly, a finished cigarette for sale or distribution. (10) 'Cigarette manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels a finished cigarette. (11) 'Counterfeit cigarette' means cigarettes that are manufactured, fabricated, assembled, processed, packaged, or labeled by any person other than the trademark owner of a cigarette brand or the owner's designated agent. (12) 'Dealer' means any person who is a cigar dealer, a cigarette dealer, or a loose or smokeless tobacco dealer. (13) 'Distributor' means any person who is a cigar distributor, a cigarette distributor, or a loose or smokeless tobacco distributor. (14) 'First taxable transaction' means the first sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, or loose or smokeless tobacco within this state. (15) 'Little cigar' means any cigar weighing not more than three pounds per thousand. (15)(16) 'Loose or smokeless tobacco' means granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff or snuff flour; cavendish; plug and twist tobacco; fine-cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings, and sweepings of tobacco; and other kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or otherwise, or both for chewing and smoking, but does not include cigarettes or cigars or tobacco purchased for the manufacture of cigarettes or cigars by cigarette manufacturers or cigar manufacturers. (16)(17) 'Loose or smokeless tobacco dealer' means any person located within the borders of this state who sells or distributes loose or smokeless tobacco to a consumer in this state. (17)(18) 'Loose or smokeless tobacco distributor' means any person who: (A) Maintains a warehouse, warehouse personnel, and salespersons who regularly contact and call on loose or smokeless tobacco dealers; and (B) Is engaged in the business of: TUESDAY, MARCH 27, 2012 3887 (i) Importing loose or smokeless tobacco into this state or purchasing loose or smokeless tobacco from other loose or smokeless tobacco manufacturers or loose or smokeless tobacco distributors; and (ii) Selling the loose or smokeless tobacco to loose or smokeless tobacco dealers in this state for resale but is not in the business of selling the loose or smokeless tobacco directly to the ultimate consumer of the loose or smokeless tobacco. (18)(19) 'Loose or smokeless tobacco importer' means any person who imports into or who brokers within the United States, either directly or indirectly, finished loose or smokeless tobacco for sale or distribution. (19)(20) 'Loose or smokeless tobacco manufacturer' means any person who manufactures, fabricates, assembles, processes, or labels finished loose or smokeless tobacco. (20)(21) 'Related machinery' means any item, device, conveyance, or vessel of any kind or character used in manufacturing, packaging, labeling, stamping, transporting, distributing, selling, or possessing counterfeit cigarettes. (21)(22) 'Sale' means any sale, transfer, exchange, theft, barter, gift, or offer for sale and distribution in any manner or by any means whatever. (22)(23) 'Stamp' means any impression, device, stamp, label, or print manufactured, printed, made, or affixed as prescribed by the commissioner. (23)(24) 'Vending machine' means any coin-in-the-slot device used for the automatic merchandising of cigars, cigarettes, or loose or smokeless tobacco." SECTION 2. Said chapter is further amended by revising Code Section 48-11-2, relating to excise taxes, rate on tobacco products, the retail selling price before the addition of tax, exemptions, collection and payment on the first taxable transaction, distributors, taxes separately identified, and collection, as follows: "48-11-2. (a) An excise tax, in addition to all other taxes of every kind imposed by law, is imposed upon the sale, receipt, purchase, possession, consumption, handling, distribution, or use of cigars, cigarettes, and loose or smokeless tobacco in this state at the following rates: (1) Little cigars weighing not more than three pounds per thousand: two and one-half mills each; (2) All other cigars other than little cigars: 23 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances; (3) Cigarettes: 37 per pack of 20 cigarettes and a like rate, pro rata, for other size packages; and (4) Loose or smokeless tobacco: 10 percent of the wholesale cost price, exclusive of any trade, cash, or other discounts or any promotion, advertising, display, or similar allowances. (b) When the retail selling price is referred to in this chapter as the basis for computing 3888 JOURNAL OF THE SENATE the tax, it is intended to mean the ordinary retail selling price of the article to the consumer before adding the amount of the tax. (c) The taxes imposed by this chapter are levied with respect to on the purchase or use of cigars, cigarettes, or loose or smokeless tobacco by the state or any department, institution, or agency of the state and by the political subdivisions of the state and their departments, institutions, and agencies. The taxes imposed by this chapter are not imposed with respect to on cigars, cigarettes, or loose or smokeless tobacco purchased exclusively for use by the patients at the Georgia War Veterans Home and the Georgia War Veterans Nursing Home. (d) The taxes imposed by this chapter are not levied with respect to on cigars, cigarettes, or loose or smokeless tobacco the purchase or use of which this state is prohibited from taxing under the Constitution or statutes of the United States. (e) The taxes imposed by this chapter shall be advanced and paid by the distributor dealer or distributor licensed pursuant to this chapter to the commissioner for deposit and distribution as provided in this chapter upon the first taxable transaction within the this state, whether or not the transaction involves the ultimate purchaser or consumer. The seller licensed dealer or distributor shall collect the tax on the first transaction within this state from the purchaser or consumer, and the purchaser or consumer shall pay the tax to the seller dealer or distributor. The seller dealer or distributor shall be responsible for the collection of the tax and the payment of the tax to the commissioner. Whenever cigars, cigarettes, or loose or smokeless tobacco is shipped from outside the this state to anyone other than a distributor, the person receiving the cigars, cigarettes, or loose or smokeless tobacco shall be deemed to be a distributor and shall be responsible for the tax on the cigars, cigarettes, or loose or smokeless tobacco and the payment of the tax to the commissioner. No tobacco products shall be received in, sold in, or shipped into this state unless lawfully obtained from a person licensed pursuant to this chapter or from an importer with a valid permit issued pursuant to 26 U.S.C. Section 5712. (f) The amount of taxes advanced and paid to the state as provided in this Code section shall be added to and collected as a part of the sales price of the cigars, cigarettes, or loose or smokeless tobacco sold or distributed. The amount of the tax shall be stated separately from the price of the cigars, cigarettes, or loose or smokeless tobacco. (g) The cigars, cigarettes, and loose or smokeless tobacco tax imposed shall be collected only once upon the same cigarettes, cigars, little cigars, cigarettes, or loose or smokeless tobacco." SECTION 3. Said chapter is further amended by revising Code Section 48-11-4, relating to the licensing of persons engaged in tobacco business, initial and annual fees, suspension and revocation of licenses, the registration and inspection of vending machines, bond, jurisdiction, and licensing of promotional activities, as follows: "48-11-4. (a) No person shall engage in or conduct the business of manufacturing, importing, TUESDAY, MARCH 27, 2012 3889 brokering, purchasing, selling, consigning, vending, dealing in, shipping, receiving, or distributing cigars, cigarettes, or loose or smokeless tobacco in this state without first obtaining a license from the commissioner. (b) All licenses shall be issued by the commissioner, who shall make rules and regulations with respect to applications for and issuance of the licenses and for other purposes of enforcing this chapter. The commissioner may refuse to issue any license under this chapter when the commissioner has reasonable cause to believe that the applicant has willfully withheld information requested of the applicant or required by the regulations to be provided or reported or when the commissioner has reasonable cause to believe that the information submitted in any application or report is false or misleading and is not given in good faith. (c) The annual renewal fee for a manufacturer's, importer's, or distributor's or dealer's license shall be $50.00 $10.00. annually, except that There shall also be a first year registration fee of $250.00 for a person commencing business as a manufacturer, importer, or distributor for the first time the first year's fee shall be $250.00. All renewal applications shall be filed at least 30 days in advance of the expiration date shown on the license. Each dealer shall have a permanent license issued by the commissioner free of charge. (1) Each license, except a dealer's license, shall begin on July 1 and end on June 30 of the next succeeding year. The prescribed fee shall accompany every application for a license and shall apply for any portion of the annual period. (2) Each dealer's license shall be valid for 12 months beginning on the date of issue for the initial license, and the first day of the month of issue for subsequent licenses, and shall expire on the last day of the month preceding the month in which the initial license was issued. Any dealer licensed under the provisions of this Code section who is also licensed under Chapter 2 of Title 3 to sell alcoholic beverages may, upon written request to the commissioner, arrange to have both licenses renewed on the same date each year. Any dealer that follows the proper procedure for a renewal of his or her license, including filing the application for renewal at least 30 days in advance of the expiration date of his or her existing license, shall be allowed to continue operating as a dealer under the existing license until the commissioner has issued the new license or denied the application for renewal. (3) Each manufacturer's, importer's, distributor's, or dealer's license shall be subject to suspension or revocation for violation of any of the provisions of this chapter or of the rules and regulations made pursuant to this chapter. A separate license shall be required for each place of business. No person shall hold a distributor's license and a dealer's license at the same time. (d) The commissioner may make rules and regulations governing the sale of cigars, cigarettes, loose or smokeless tobacco, and other tobacco products in vending machines. The commissioner shall require annually a special registration of each vending machine for any operation in this state and charge a license fee for the registration in the amount of $1.00 $10.00 for each machine. The annual registration shall indicate the location of the vending machine. No vending machine shall be 3890 JOURNAL OF THE SENATE purchased or transported into this state for use in this state when the vending machine is not so designed as to permit inspection without opening the machine for the purpose of determining that all cigars, cigarettes, loose or smokeless tobacco, and other tobacco products contained in the machine bear the tax stamp required under this chapter. (e) The manufacturer's, importer's, distributor's, or dealer's license shall be exhibited in the place of business for which it is issued in the manner prescribed by the commissioner. The commissioner shall require each licensed manufacturer, importer, or distributor to file with the commissioner a bond in an amount of not less than $1,000.00 to guarantee the proper performance of the manufacturer's, importer's, or distributor's duties and the discharge of the manufacturer's, importer's, or distributor's liabilities under this chapter. The bond shall run concurrently with the manufacturer's, importer's, or distributor's license but shall remain in full force and effect for a period of one year after the expiration or revocation of the manufacturer's, importer's, or distributor's license unless the commissioner certifies that all obligations due the state arising under this chapter have been paid. (f) The jurisdiction of the commissioner in the administration of this chapter shall extend to every person using or consuming cigars, cigarettes, or loose or smokeless tobacco in this state and to every person dealing in cigars, cigarettes, or loose or smokeless tobacco in any way for business purposes and maintaining a place of business in this state. For the purpose of this chapter, the maintaining of an office, store, plant, warehouse, stock of goods, or regular sales or promotional activity, whether carried on automatically or by salespersons or other representatives, shall constitute, among other activities, the maintaining of a place of business. For the purpose of enforcement of this chapter and the rules and regulations promulgated hereunder under this chapter, notwithstanding any other provision of law, the commissioner or his or her duly appointed hearing officer is granted authority to conduct hearings which shall at all times be exercised in conformity with rules and regulations promulgated by the commissioner and consistent with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' (g) The commissioner may provide for the licensing of promotional activities, not including the sale of cigars, cigarettes, or loose or smokeless tobacco, carried on by the manufacturer. The fee for any such license shall be $10.00 annually." SECTION 4. Said chapter is further amended by revising Code Section 48-11-10, relating to monthly reports of licensed distributors, contents, and authority to require reports from common carriers, warehousemen, and others, as follows: "48-11-10. (a) Every licensed distributor shall file with the commissioner, on or before the tenth day of each month, a report in the form prescribed by the commissioner and disclosing: (1) The quantity of cigars, cigarettes, or loose or smokeless tobacco on hand on the first and last days of the calendar month immediately preceding the month in which the report is filed; TUESDAY, MARCH 27, 2012 3891 (2) Information required by the commissioner concerning the amount of stamps purchased, used, and on hand during the report period; and (3) Information otherwise required by the commissioner for the report period. (b) The commissioner may require other reports as the commissioner deems necessary for the proper administration of this chapter, including, but not limited to, reports from common carriers and warehousemen with respect to cigars, cigarettes, and loose or smokeless tobacco delivered to or stored at any point in this state. (c) Any person who fails to file any report when due shall forfeit as a penalty for each day after the due date until the report is filed the sum of $1.00 $25.00, to be collected in the manner provided in subsection (c) of Code Section 48-11-24 for the collection of penalties." SECTION 5. Said chapter is further amended by revising Code Section 48-11-11, relating to recordkeeping requirements for tobacco products, as follows: "48-11-11. (a) Each distributor and each dealer shall keep complete and accurate records of all cigars, cigarettes, and loose or smokeless tobacco manufactured, produced, purchased, and sold. The original records or a complete and legible photocopy or electronic image shall be of the kind and in the form prescribed by the commissioner and shall be safely preserved for three years in an appropriate manner to ensure permanency and accessibility for inspection by the commissioner and the commissioner's authorized agents. The commissioner and the commissioner's authorized agents may examine the books, papers, and records of any distributor or dealer in this state for the purpose of determining whether the tax imposed by this chapter has been fully paid and, for the purpose of determining whether the provisions of this chapter are properly observed, may investigate and examine the stock of cigars, cigarettes, or loose or smokeless tobacco in or upon any premises, including, but not limited to, public and private warehouses where the cigars, cigarettes, or loose or smokeless tobacco is possessed, stored, or sold. Invoices sufficient to cover current inventory at a licensed location shall be maintained at that licensed location and made available for immediate inspection. All other records may be kept at a locality other than the licensed location and shall be provided for inspection within two business days after receipt of notification from the commissioner or an authorized agent of the commissioner to make such records available. (b) The commissioner and his or her authorized agents may examine the books, papers, and records of any transportation company, any common, contract, or private carrier, and any public or private warehouse for the purpose of determining whether the provisions of this chapter are properly observed." SECTION 6. Said chapter is further amended by revising paragraph (4) of subsection (b) of Code Section 48-11-13, relating to a tax on persons having tobacco products on which certain 3892 JOURNAL OF THE SENATE taxes have not been paid, as follows: "(4) Cigarettes or little cigars in an amount not exceeding 200 cigarettes or little cigars which have been brought into the state on the person;" SECTION 7. Said chapter is further amended by revising Code Section 48-11-18, relating to the procedure for hearing by persons aggrieved by actions of commissioner, initiation of hearings by the commissioner, production of evidence, appeals, bond, and grounds for not sustaining the commissioner's action, as follows: "48-11-18. (a) Any person aggrieved by any action of the commissioner or the commissioner's authorized agent may apply to the commissioner, in writing within ten days after the notice of the action is delivered or mailed to the commissioner, for a hearing. The application shall set forth the reasons why the hearing should be granted and the manner of relief sought. The commissioner shall notify the applicant of the time and place fixed for the hearing. After the hearing, the commissioner may make an order as may appear to the commissioner to be just and lawful and shall furnish a copy of the order to the applicant. The commissioner at any time by notice in writing may order a hearing on the commissioner's own initiative and require the taxpayer or any other person whom the commissioner believes to be in possession of information concerning any manufacture, importation, use, consumption, storage, or sale of cigars, cigarettes, or loose or smokeless tobacco which has escaped taxation to appear before the commissioner or the commissioner's duly authorized agent with any specific books of account, papers, or other documents for examination under oath relative to the information. (b) Any person aggrieved because of any final action or decision of the commissioner, after hearing, may appeal from the decision to the superior court of the county in which the appellant resides. The appeal shall be returnable at the same time and shall be served and returned in the same manner as required in the case of a summons in a civil action. The authority issuing the citation shall take from the appellant a bond of recognizance to the state, with surety, conditioned to prosecute the appeal and to effect and comply with the orders and decrees of the court. The action of the commissioner shall be sustained unless the court finds that he the commissioner misinterpreted this chapter or that there is no evidence to support his the commissioner's action. If the commissioner's action is not sustained, the court may grant equitable relief to the appellant. Upon all appeals which are denied, costs may be taxed against the appellant at the discretion of the court. No costs of any appeal shall be taxed against the state." SECTION 8. Said chapter is further amended by revising Code Section 48-11-22, relating to the transportation of unstamped tobacco products, the requirement of invoices or delivery tickets, contents, confiscation and disposition absent invoice or ticket, and penalties, as follows: TUESDAY, MARCH 27, 2012 3893 "48-11-22. (a) Every person who transports upon the public highways, roads, and streets of this state cigars, cigarettes, or loose or smokeless tobacco not stamped or on which tax has not been paid in accordance with the alternate regulations provided by the commissioner under Code Section 48-11-3 shall have in such person's actual possession invoices or delivery tickets for the cigars, cigarettes, and loose or smokeless tobacco which show the true name and address of the consignor or seller, the true name of the consignee or purchaser, the quantity and brands of the cigars, cigarettes, or loose or smokeless tobacco transported, and the name and address of the person who has assumed or shall assume the payment of the tax at the point of ultimate destination. In the absence of the invoices or delivery tickets, the cigars, cigarettes, or loose or smokeless tobacco being transported and the vehicles in which the cigars, cigarettes, or loose or smokeless tobacco is being transported shall be confiscated and disposed of as provided in Code Section 48-11-9; and the transporter may be liable for a penalty of not more than $25.00 $50.00 for each individual carton of little cigars or cigarettes, $50.00 for each individual box of cigars, and $25.00 $50.00 for each individual container of loose or smokeless tobacco being transported by such person. The penalty shall be recovered as provided in subsection (c) of Code Section 48-11-24. (b) This Code section shall apply only with respect to the transportation of more than 200 cigarettes, more than 200 little cigars, more than 20 cigars, or more than six containers of loose or smokeless tobacco." SECTION 9. Said chapter is further amended by revising Code Section 48-11-23, relating to penalties for transporting unstamped tobacco products, as follows: "48-11-23. (a) It shall be unlawful for any person, with the intent to evade the tax imposed by this chapter, to transport cigars, cigarettes, or loose or smokeless tobacco in violation of Code Section 48-11-22. (b) Any person who violates Code Section 48-11-22, with the intent to evade the tax imposed by this chapter, shall, upon conviction, be guilty of a misdemeanor. subject to the following punishments: (1) If such person is transporting more than 20 but fewer than 60 cigars, more than 200 but fewer than 600 cigarettes or little cigars, or more than six but fewer than 18 containers of loose or smokeless tobacco, such person shall be guilty of a misdemeanor; (2) If such person is transporting 60 or more but fewer than 200 cigars, 600 or more but fewer than 2,000 cigarettes or little cigars, or 18 or more but fewer than 60 containers of loose or smokeless tobacco, such person shall be guilty of a misdemeanor of a high and aggravated nature; or (3) If such person is transporting 200 or more cigars, 2,000 or more cigarettes or little cigars, or 60 or more containers of loose or smokeless tobacco, such person shall be 3894 JOURNAL OF THE SENATE guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than three years nor more than ten years." SECTION 10. Said chapter is further amended by revising Code Section 48-11-24, relating to penalties for possession of unstamped tobacco products, penalties for operation of an unlicensed business or activity, procedure for enforcement and collection of penalties, and costs and expenses, as follows: "48-11-24. (a) Any person who possesses unstamped cigarettes or loose or smokeless tobacco or nontax-paid cigars, or little cigars, or loose or smokeless tobacco in violation of this chapter shall be liable for a penalty of not more than $25.00 $50.00 for each individual carton of unstamped cigarettes or loose or smokeless tobacco and $50.00 for each individual nontax-paid carton of little cigars, box of nontax-paid cigars or container of loose or smokeless tobacco in his or her possession. (b) Any person who engages in any business or activity for which a license is required by this chapter without first having obtained a license to do so or any person who continues to engage in or conduct the business after his the person's license has been revoked or during a suspension of the license shall be liable for a penalty of not more than $250.00 guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to imprisonment for up to 12 months, a fine of not more than $5,000.00, or both. Each day that the business is engaged in or conducted shall be deemed a separate offense. (c) Proceedings to enforce and collect the penalties provided by this chapter shall be brought by and in the name of the commissioner. With respect to offenses committed within the territorial jurisdiction of the court, each superior court shall have jurisdiction to enforce and collect the penalty. The costs recoverable in any such proceeding shall be recovered by the commissioner in the event of judgment in his the commissioner's favor. If the judgment is for the defendant, it shall be without costs against the commissioner. All expenses incident to the recovery of any penalty pursuant to this Code section shall be paid in the same manner as any other expense incident to the administration of this chapter." SECTION 11. Said chapter is further amended by revising Code Section 48-11-26, relating to failure to file a report or a filing false report, as follows: "48-11-26. (a) With respect to this chapter, it shall be unlawful for any person, with the intent to defraud the state or evade the payment of any tax, penalty, or interest or any part of a payment when due, to: (1) Willfully fail or refuse to file any report or statement required to be filed pursuant to this chapter or by the commissioner's rules and regulations; or (2) File or cause to be filed with the commissioner any false or fraudulent report or TUESDAY, MARCH 27, 2012 3895 statement; or (3)(2) Aid or abet another in the filing with the commissioner of any false or fraudulent report or statement. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction thereof, shall be subject to a fine of not more than $1,000.00 for each separate offense." SECTION 12. Said chapter is further amended by revising Code Section 48-11-28, relating to cigars and cigarettes and offenses relating to counterfeit stamps or tampering with metering machines, as follows: "48-11-28. (a) With respect to this chapter, it shall be unlawful for any person to: (1) Fraudulently make, utter, forge, or counterfeit any stamp prescribed by the commissioner; (2) Cause or procure a violation of paragraph (1) of this subsection to be done; (3) Willfully utter, publish, pass, or render as true any false, altered, forged, or counterfeited stamp; (4) Knowingly possess any false, altered, forged, or counterfeited stamp; (5) For the purpose of evading the tax imposed, use more than once any stamp required by this chapter; or (6) Tamper with or cause to be tampered with any metering machine authorized to be used. (b) Any person who violates subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one year three years nor more than ten years." SECTION 13. Said chapter is further amended by revising Code Section 48-11-29, relating to cigars and cigarettes and false swearing or giving false testimony, as follows: "48-11-29. (a) It shall be unlawful for any person to: (1) Knowingly swear to or affirm any false or fraudulent statement with intent to evade the payment of any tax imposed by this chapter; or (2) Under oath, testify falsely at any hearing held pursuant to this chapter. (b) Any person who violates subsection (a) of this Code section shall be guilty of a misdemeanor Reserved." SECTION 14. 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 3896 JOURNAL OF THE SENATE 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, tobacco, 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 15. This Act shall become effective January 1, 2013. SECTION 16. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler N Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Orrock Y Paris E Ramsey Y Rogers Y Seay TUESDAY, MARCH 27, 2012 3897 Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon N Loudermilk N McKoon Y Millar N Miller Y Mullis N Murphy Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 41, nays 11. HB 1071, having received the requisite constitutional majority, was passed by substitute. Senator Chance of the 16th was excused for business outside the Senate Chamber. HB 1089. By Representatives Carson of the 43rd, Rice of the 51st, Manning of the 32nd, Ehrhart of the 36th, Lindsey of the 54th and others: A BILL to be entitled an Act to repeal and reserve Chapter 67 of Title 36 of the Official Code of Georgia Annotated, relating to zoning proposal review procedures; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hill of the 32nd. Senators Ligon, Jr. of the 3rd, Rogers of the 21st and Hill of the 32nd offered the following amendment #1: Amend HB 1089 LC 28 6066 Insert the following on line 11 as section 3 and then renumber accordingly. "The state and all political subdivisions thereof are prohibited from implementing programs or tenets of the US Rio Declaration Environmental and Development and Statement of Principles for Sustainable Development." 3898 JOURNAL OF THE SENATE Senator Henson of the 41st requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment germane. On the adoption of the amendment, the yeas were 19, nays 21, and the Ligon, 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock N Paris E Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 4. HB 1089, having received the requisite constitutional majority, was passed. HB 1093. By Representatives Braddock of the 19th, Jacobs of the 80th, Coomer of the 14th, Knight of the 126th, Clark of the 98th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to change provisions relating to removal of shopping carts and the required posting of the TUESDAY, MARCH 27, 2012 3899 Code section in stores and markets; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hamrick of the 30th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate E Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 50, nays 0. HB 1093, having received the requisite constitutional majority, was passed. Senator Stoner of the 6th was excused for business outside the Senate Chamber. HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the O.C.G.A., relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain 3900 JOURNAL OF THE SENATE exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Title 51 of the O.C.G.A., relating to torts, so as to provide for civil liability for wrongful death caused by assisted suicide; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ligon, Jr. of the 3rd. The Senate Judiciary Committee offered the following substitute to HB 1114: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," so as to provide for assisted suicide as racketeering activity; to amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for an award of attorney's fees and expenses of litigation in wrongful death actions under certain circumstances; to provide for reporting requirements with respect to a civil judgment against a health care provider; 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. Article 1 of Chapter 5 of Title 16 of the Official Code of Georgia Annotated, relating to homicide, is amended by repealing Code Section 16-5-5, relating to offering to assist in the commission of a suicide, and enacting a new Code Section 16-5-5 to read as follows: "16-5-5. (a) As used in this Code section, the term: (1) 'Assists' means the act of physically helping or physically providing the means. (2) 'Health care provider' means any person licensed, certified, or registered under Chapter 9, 10A, 11, 11A, 26, 28, 30, 33, 34, 35, 39, or 44 of Title 43. (3) 'Suicide' means the intentional and willful termination of one's own life. (b) Any person with actual knowledge that a person intends to commit suicide who knowingly and willfully assists such person in the commission of such person's suicide shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. TUESDAY, MARCH 27, 2012 3901 (c) The provisions of this Code section shall not apply to: (1) Pursuant to a patient's consent or a consent pursuant to Code Section 29-4-18 or 31-9-2, any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (2) Pursuant to a patient's consent or a consent pursuant to Code Section 29-4-18 or 31-9-2, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration; (3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, or an advance directive for health care; provided, however, that nothing in this paragraph shall be construed to condone, authorize, or approve mercy killing or to permit any affirmative or deliberate act or omission to end life other than to permit the process of dying as provided in Chapter 32 of Title 31; (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, or a written order not to resuscitate; or (5) Any person advocating on behalf of a patient in accordance with this subsection. (d) Within ten days of a conviction, a health care provider who is convicted of violating this Code section shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider's occupation. Upon being notified and notwithstanding any law, rule, or regulation to the contrary, the appropriate licensing board shall revoke the license, certification, registration, or other authorization to conduct such health care provider's occupation." SECTION 2. Code Section 16-14-3 of the Official Code of Georgia Annotated, relating to definitions for the "Georgia RICO (Racketeer Influenced and Corrupt Organizations) Act," is amended by striking "or" at the end of division (9)(A)(xxxix), by striking the period and inserting in its place "; or" at the end of division (9)(A)(xl), and by adding a new division to read as follows: "(xli) Code Section 16-5-5, relating to assisted suicide." SECTION 3. Title 51 of the Official Code of Georgia Annotated, relating to torts, is amended in Chapter 4, relating to wrongful death, by adding two new Code sections to read as follows: "51-4-6. The court may award reasonable attorney's fees and expenses of litigation to a plaintiff 3902 JOURNAL OF THE SENATE who prevails in a civil action for a homicide in which the death results from a violation of Code Section 16-5-5. 51-4-7. (a) As used in this Code section, the term 'health care provider' shall have the same meaning as set forth in Code Section 16-5-5. (b) Within ten days of a judgment, a health care provider against whom a judgment has been obtained under the provisions of this chapter shall notify in writing the applicable licensing board for his or her licensure, certification, registration, or other authorization to conduct such health care provider's occupation so that disciplinary action may be taken as determined necessary by the applicable board." SECTION 4. This Act shall not apply to any offense committed before 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. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate E Thompson, C Y Thompson, S TUESDAY, MARCH 27, 2012 3903 Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 1. HB 1114, having received the requisite constitutional majority, was passed by substitute. HB 1117. By Representatives Clark of the 104th, Clark of the 98th, Thomas of the 100th, Dickerson of the 95th, Pak of the 102nd and others: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to change certain provisions relating to population brackets and the census; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Balfour of the 9th. Senator Balfour of the 9th offered the following amendment #1: Amend HB 1117 by inserting after "census;" on line 3 "to amend Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to deposit of public funds in banks or depositories, so as to exempt hospital authorities from certain requirements;". By inserting between lines 16 and 17 the following: SECTION 1A. Code Section 45-8-12 of the Official Code of Georgia Annotated, relating to deposit of public funds in banks or depositories, is amended by adding a new subsection to read as follows: "(f) This Code section shall not apply to public funds of a hospital authority created pursuant to Article 4 of Chapter 7 of Title 31." On the adoption of the amendment, there were no objections, and the Balfour amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. 3904 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone E Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 47, nays 1. HB 1117, having received the requisite constitutional majority, was passed as amended. Senator Miller of the 49th was excused for business outside the Senate Chamber. HB 1165. By Representatives Clark of the 98th, Sheldon of the 105th, Rice of the 51st, Harrell of the 106th, Thomas of the 100th and others: A BILL to be entitled an Act to amend Code Section 48-5-299 of the Official Code of Georgia Annotated, relating to ascertainment of taxable property, assessments against unreturned property, penalty for unreturned property, and changing real property values established by appeal in prior year, so as to eliminate a population provision; to provide for penalties for certain unreturned property; to provide for related matters; 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 1165: TUESDAY, MARCH 27, 2012 3905 A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, so as to repeal a population provision relating to a penalty for unreturned property; to repeal a population exception relating to the date of presentation of tax returns to tax assessors; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 5 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating to county boards of tax assessors, is amended by revising Code Section 48-5-299, relating to ascertainment of taxable property, assessments against unreturned property, penalty for unreturned property, and changing real property values established by appeal in prior year, as follows: "48-5-299. (a) It shall be the duty of the county board of tax assessors to investigate diligently and to inquire into the property owned in the county for the purpose of ascertaining what real and personal property is subject to taxation in the county and to require the proper return of the property for taxation. The board shall make such investigation as may be necessary to determine the value of any property upon which for any reason all taxes due the state or the county have not been paid in full as required by law. In all cases where the full amount of taxes due the state or county has not been paid, the board shall assess against the owner, if known, and against the property, if the owner is not known, the full amount of taxes which has accrued and which may not have been paid at any time within the statute of limitations. In all cases where taxes are assessed against the owner of property, the board may proceed to assess the taxes against the owner of the property according to the best information obtainable; and such assessment, if otherwise lawful, shall constitute a valid lien against the property so assessed. (b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county. (2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B)(b) In all cases in which unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the 3906 JOURNAL OF THE SENATE assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year. (c) Real property, the value of which was established by an appeal in any year, that has not been returned by the taxpayer at a different value during the next two successive years, may not be changed by the board of tax assessors during such two years for the sole purpose of changing the valuation established or decision rendered in an appeal to the board of equalization or superior court. In such cases, before changing such value or decision, the board of assessors shall first conduct an investigation into factors currently affecting the fair market value. The investigation necessary shall include, but not be limited to, a visual on-site inspection of the property to ascertain if there have been any additions, deletions, or improvements to such property or the occurrence of other factors that might affect the current fair market value. If a review to determine if there are any errors in the description and characterization of such property in the files and records of the board of tax assessors discloses any errors, such errors shall not be the sole sufficient basis for increasing the valuation during the two-year period. (d) When real or personal property is located within a municipality whose boundaries extend into more than one county, it shall be the duty of each board of tax assessors of a county, wherein a portion of the municipality lies, to cooperatively investigate diligently into whether the valuation of such property is uniformly assessed with other properties located within the municipality but outside the county where such property is located. Such investigation shall include, but is not limited to, an analysis of the assessment to sales ratio of properties that have recently sold within the municipality and a comparison of the average assessment level of such properties by the various counties wherein a portion of the municipality lies. The respective boards shall exchange such information as will facilitate this investigation and make any necessary adjustments to the assessment of the real and personal property that is located in their respective counties within the municipality to achieve a uniform assessment of such property throughout the municipality. Any uniformity adjustments pursuant to this subsection shall only apply to the assessment used for municipal ad valorem tax purposes within the applicable county." SECTION 2. Said part is further amended by revising Code Section 48-5-301, relating to time for presentation of tax returns by tax receiver or tax commissioner, as follows: "48-5-301. (a) Except as provided in subsection (b) of this Code section, not Not later than April 11 in each year the tax receiver or tax commissioner of each county shall present the tax returns of the county for the current year to the county board of tax assessors. (b) In all counties having a population of not less than 81,300 nor more than 89,000 according to the United States decennial census of 1990 or any future such census, the tax receiver or tax commissioner of each such county shall present the tax returns of the county for the current year to the county board of tax assessors not later than March 11 of that year." TUESDAY, MARCH 27, 2012 3907 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J E Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar E Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 49, nays 0. HB 1165, having received the requisite constitutional majority, was passed by substitute. HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the 3908 JOURNAL OF THE SENATE independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows: "(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to assure that any one cent sales and use tax for educational purposes is distributed equally to a ( ) NO school system on a per student basis?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Finance Committee offered the following substitute to HR 1150: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and an independent school district located in such county with more than 3,000 full-time equivalent students; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows: TUESDAY, MARCH 27, 2012 3909 "(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or, for independent school districts with less than 3,000 full-time equivalent students, upon such other formula for distribution as may be authorized by local law agreed upon by all participating districts. Any law implementing this subparagraph shall not be considered a population Act. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to assure that any one cent sales and use tax for educational purposes is distributed equally to a ( ) NO school system on a per student basis for certain school systems?" 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, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane N Crosby Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Orrock N Paris E Ramsey Y Rogers N Seay Shafer N Sims Y Staton Y Stone N Stoner N Tate 3910 JOURNAL OF THE SENATE N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Grant N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 33, nays 18. HR 1150, having failed to receive the requisite constitutional majority, was lost. Senator Williams of the 19th gave notice that at the proper time he would move that the Senate reconsider its action on HR 1150. The President entertained the motion for reconsideration immediately. Senator Williams of the 19th moved that the Senate reconsider its action in defeating the following resolution: HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. Senate Sponsor: Senator Tippins of the 37th. On the motion, there was no objection; the motion prevailed, and HR 1150 was reconsidered and placed on the General Calendar. Senator Hill of the 32nd was excused for business outside the Senate Chamber. HR 1177. By Representatives Williams of the 113th and Channell of the 116th: A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; and for other purposes. Senate Sponsor: Senator Mullis of the 53rd. TUESDAY, MARCH 27, 2012 3911 The Senate Transportation Committee offered the following substitute to HR 1177: A RESOLUTION Dedicating certain portions of the state highway system; and for other purposes. PART I 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, United States military veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and WHEREAS, they have served as guardians of this nation's freedom and liberty and have diligently and conscientiously undergone intensive and rigorous training in order to serve their country with honor and distinction during times of war and peace; and WHEREAS, it is important that veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and WHEREAS, veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately. PART II WHEREAS, Herman E. Black was highly regarded by the citizens of the City of Gray and by local government officials as a person of substance; and WHEREAS, he was the son of William and Maggie Black, both pillars of the community; and WHEREAS, he spent 76 years of his life as a citizen of Jones County; and WHEREAS, he was the father of four children, a husband, and a friend; and WHEREAS, he gave a lifetime of service and commitment to his community by serving on the Jones County Board of Equalization, was a founding member of the Jones County Men's Club, and was a member of the Optimist Club; and 3912 JOURNAL OF THE SENATE WHEREAS, it is fitting and proper to dedicate State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 as the Herman E. Black Memorial Highway as an appropriate tribute to this outstanding Georgian. PART III WHEREAS, Sgt. Carlton "Dan" Jenkins was shot and killed after making a traffic stop of a robbery suspect on I-95 shortly after midnight on August 28, 2000; and WHEREAS, Sgt. Jenkins had been with the Camden County Sheriff's Department for 7 years, and had been in law enforcement for 11 years; and WHEREAS, the Camden County Sheriff's Department named him Officer of the Year in 1999; and WHEREAS, in August of 2010, the 28th of August was declared to be Sergeant Carlton Daniel Jenkins Day in Camden County; and WHEREAS, he is survived by his wife and five children; and WHEREAS, it is only fitting and proper that a permanent memorial to this outstanding officer's life and service be established by dedicating an interchange on I-95 in his honor. PART IV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. J. Dixon Hays on November 21, 2010; and WHEREAS, Mr. Hays was born in Mansfield, Georgia, a beloved son of the late James Dixon and Ruth Ewing Hays; and WHEREAS, a dairy farmer in Newton County for 50 years, Mr. Hays served on the boards of the Newton County Dairy Association, Newton County Farm Bureau, and Gold Kist Co-op and earned the Atlanta Farmers Club's Distinguished Agri-Business Leader Award in 1982; and WHEREAS, Mr. Hays was an active community leader, serving on the Newton Medical Center Authority for 32 years, the Snapping Shoals Electric Trust Board for 13 years, and treasurer and board member of the Mansfield Community Center; and WHEREAS, a man of deep and abiding faith, Mr. Hays was a lifelong member of Luther Hays Presbyterian Church where he served as an elder and treasurer for 26 years; and WHEREAS, Mr. Hays was united in love and marriage for 59 wonderful years to Marilyn Harris Hays and was blessed with the adoration and support of his children, Melinda and Jim Lord and Julius and Jamie Hays; and TUESDAY, MARCH 27, 2012 3913 WHEREAS, he was the proud grandfather of Jennifer Lord and Eric Wilson, Mary Beth Lord and Rich Zamor, Rebecca Lord, and Jessie Hays; and WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and WHEREAS, a compassionate and generous man, Mr. Hays will long be remembered for his love of family and friendship, and this loyal husband, father, grandfather, and friend will be missed by all who had the great fortune of knowing him. PART V WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of the Honorable Jimmie Hodge Timmons, Jr., on April 5, 2011; and WHEREAS, Mr. Timmons was born on June 11, 1939, in Edison, Georgia, a beloved son of Lucille Daniels Timmons and Jimmie Hodge "Red" Timmons, Sr.; and WHEREAS, a graduate of Damascus High School, Mr. Timmons earned an associate's degree from Abraham Baldwin Agricultural College, a bachelor's degree from the University of Georgia, a master's degree from Auburn University, and a specialist's degree from the University of Georgia; and WHEREAS, Mr. Timmons served as an esteemed member of the Georgia State Senate from 1974 to 1992, adeptly representing the citizens of Senate District 11 and earning the respect and admiration of his colleagues; and WHEREAS, a distinguished educator for 40 years, Mr. Timmons served as an agriculture teacher at Bainbridge High School, principal of Damascus Elementary School, principal and Title I coordinator in the Calhoun County School System, and superintendent of the Calhoun County School System; and WHEREAS, he was an active member of Arlington Baptist Church, the Demosthenian Literary Society of the University of Georgia, and the Calhoun Rifles Sons of Confederate Veterans Edison-Calhoun County; and WHEREAS, Mr. Timmon's leadership and guidance were instrumental during his service as president of the Abraham Baldwin Agricultural College Alumni Association and president and secretary of the Arlington and Edison's Lions Clubs; and 3914 JOURNAL OF THE SENATE WHEREAS, he was united in love and marriage to "his honey," Lorraine Kavakos Timmons, and was blessed with four remarkable stepchildren, Tommy, Laura, Bill, and Glynda, and two wonderful grandchildren, Will and Marin; and WHEREAS, he gave inspiration to many through his high ideals, morals, and deep concern for his fellow citizens, and the devotion, patience, and understanding he demonstrated to his family and friends were admired by others; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness and, by the example he made of his life, he made this world a better place in which to live; and WHEREAS, a compassionate and generous man, Mr. Timmons will long be remembered for his love of family and friendship, and this loyal brother, husband, stepfather, grandfather, and friend will be missed by all who had the great fortune of knowing him. PART VI WHEREAS, Mr. Clarence Williams, Sr., has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, he has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service with the University of Georgia Cooperative Extension; and WHEREAS, Mr. Williams's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state have earned him great respect and admiration; and WHEREAS, a man of deep and abiding faith, Mr. Williams is an active member of St. Peter's AME Church in Midway, Georgia; and WHEREAS, he has served as an uplifting and inspirational mentor to countless young people and has worked tirelessly throughout his lifetime to improve housing conditions in Liberty County; and WHEREAS, Mr. Williams is a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized with a lasting tribute. TUESDAY, MARCH 27, 2012 3915 PART VII WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the tragic passing of Trooper Chadwick T. LeCroy on December 27, 2010; and WHEREAS, Trooper LeCroy joined the Georgia State Patrol in January, 2008, and was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, a member of the Crime Suppression Unit within Georgia State Patrol Troop C, Trooper LeCroy was killed in the line of duty after tracking down a fleeing suspect who he had attempted to stop for a headlight violation in Atlanta; and WHEREAS, in recognition of the ultimate sacrifice made for the call of duty, Trooper LeCroy was posthumously promoted to the rank of corporal by Commissioner of the Georgia Department of Public Safety Colonel Bill Hitchens; and WHEREAS, Trooper LeCroy's promotion marks only the second time in the Georgia State Patrol's 74 year history that an officer has received such an honor; and WHEREAS, he was united in love and marriage to his supportive wife, Keisha Yearwood LeCroy, and was blessed with two remarkable sons, Bret and Deaton; and WHEREAS, he was the beloved son of Donna and Sam Houston and Bill and Tonya LeCroy, son-in-law of Ken and Vicki Yearwood, and brother of Bill, Jamie, Jack, and Jake; and WHEREAS, Trooper LeCroy loved sports, hunting, and spending time with his family and friends; and WHEREAS, he truly loved his career and law enforcement and wore his Georgia State Patrol uniform with pride, exhibiting extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and WHEREAS, a compassionate and generous man, Trooper LeCroy will long be remembered for his love of family and friendship, and this loyal husband, father, brother, uncle, and friend will be missed by all who had the great fortune of knowing him. PART VIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Explosive Ordnance Disposal Technician First Class Joseph Adam McSween; and 3916 JOURNAL OF THE SENATE WHEREAS, Adam McSween was born on August 11, 1980, in Montgomery, Alabama, the beloved son of Robert and Florence McSween; and WHEREAS, a graduate of Georgia Christian High School in Valdosta, Georgia, and York College in Nebraska, Adam enlisted in the United States Navy in 2001; and WHEREAS, he completed extensive training in explosive ordnance disposal and earned qualifications as a Naval Parachutist, Scuba Diving Supervisor, and Senior Explosive Ordnance Disposal Technician; and WHEREAS, he was valiantly serving as a guardian of freedom and liberty in his second tour to Iraq when he was killed on April 6, 2007, near Kirkuk in northern Iraq when a rocket hit his vehicle; and WHEREAS, during his service to this nation, he was awarded an Army Commendation Medal, Combat Action Ribbon, Navy Good Conduct Medal, Armed Forces Expeditionary Medal, National Defense Service Medal, Global War on Terrorism Service Medal, Expert Marksmanship Rifle Medal, Expert Marksmanship Pistol Medal, two Iraq Campaign Medals, and three Sea Service Deployment Ribbons; and WHEREAS, Adam leaves behind many who will cherish his memory, including his parents, his wife Erin, his daughters Lilly and Gwyneth, his brothers Kyle and Robert, and his sister Angela; and WHEREAS, it is only fitting and proper that a lasting memorial to EOD Technician First Class Joseph Adam McSween's life of service to his country be established. PART IX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens and most dedicated law enforcement officers with the passing of Patrolman Donald J. Mander; and WHEREAS, Patrolman Mander served with honor and distinction with the Macon Police Department; and WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and WHEREAS, Patrolman Mander was tragically killed in the line of duty on August 23, 1986; and TUESDAY, MARCH 27, 2012 3917 WHEREAS, a compassionate and generous man, Patrolman Mander will long be remembered for his love of family and friendship, and this dedicated officer and loyal friend will be missed by all who had the great fortune of knowing him; and WHEREAS, it is only fitting and proper that a lasting memorial to Patrolman Mander's life and service to this state be established. PART X WHEREAS, the State of Georgia lost one if its finest citizens and most dedicated law enforcement officers with the passing of Deputy Richard Daniels on June 22, 2010; and WHEREAS, Deputy Daniels began his career in law enforcement in August, 2006, as a jailer and was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, Deputy Daniels was mandated as a certified deputy for the Twiggs County Sheriff's Office on September 14, 2007, and was killed while on patrol when his vehicle hit a fallen tree covering the highway; and WHEREAS, he was united in love and marriage to his supportive wife, Carrie, and was blessed with a beautiful daughter, Lena; and WHEREAS, Deputy Daniels exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, which were continually recognized by his peers; and WHEREAS, a compassionate and generous man, Deputy Daniels will long be remembered for his love of family and friendship, and this loyal husband, father, and friend will be missed by all who had the great fortune of knowing him. PART XI WHEREAS, Mr. Louie Clark was born November 25, 1924, in Mitchell County, Georgia, and has spent his life serving others; and WHEREAS, Mr. Clark served as a guardian of this nation's freedom and liberty with the United States Navy from 1943 to 1946, was stationed aboard the destroyer USS Haynsworth, and survived kamikaze attacks and numerous battles while defending the principles and ideals of America during World War II; and WHEREAS, after the war, Mr. Clark returned home and attended Florida State College on the GI Bill; and 3918 JOURNAL OF THE SENATE WHEREAS, Mr. Clark served on the Madison County School Board for several years before being elected to the General Assembly in 1974; and WHEREAS, he devoted two decades to the public as a member of the Georgia House of Representatives, where he was known for his keen wit, gutsy disposition, and independent spirit about government and public service; and WHEREAS, a knowledgeable historian, Mr. Clark was awarded the highest award from the United Daughters of the Confederacy; and WHEREAS, he is united in love and marriage to his adoring wife Ann and has been blessed with four amazing children; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART XII WHEREAS, Mr. Bert Ward was born on May 30, 1922, in Catoosa County, Georgia, was educated in the Catoosa County public school system, and graduated from Ringgold High School; and WHEREAS, Mr. Ward served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting his fellow Americans during World War II on the USS Gillis and the USS Williamson in the Pacific; and WHEREAS, he sustained injuries during his service when his ship was torpedoed by Japanese submarines in the North Pacific; and WHEREAS, upon returning home after the war, Mr. Ward continued his public service as Catoosa County Tax Commissioner, diligently and conscientiously devoting innumerable hours of his time, talents, and energy toward the betterment of his community and state for 19 years; and WHEREAS, he was elected to represent Catoosa County as a State Representative in the Georgia General Assembly in 1967 and 1968; and WHEREAS, Mr. Ward served as a judge in Catoosa County for several years before he was elected to serve on the Board of Commissioners of Catoosa County; and WHEREAS, as a member of the Board of Commissioners, Mr. Ward was instrumental in establishing procedures, policies, and rules and regulations of the board and helped in the establishment of the county's 911emergency response system and the naming of the Catoosa Parkway; and TUESDAY, MARCH 27, 2012 3919 WHEREAS, Mr. Ward's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized. PART XIII WHEREAS, the Rev. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and WHEREAS, Rev. King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and WHEREAS, in 1957, he was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over 6 million miles and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and WHEREAS, he also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and 3920 JOURNAL OF THE SENATE WHEREAS, it is fitting and proper to dedicate the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr., Parkway as an appropriate tribute to this outstanding Georgian. PART XIV WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for 19 years, the last several as general manager; and WHEREAS, he also served two years on active duty with the United States Army in Korea; and WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six, four-year terms; and WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; and building and operating an animal shelter, 16 fire stations, and 126 bridges; and WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they have two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and TUESDAY, MARCH 27, 2012 3921 WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established. PART XV WHEREAS, Dr. Johnny M. Hunt has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and WHEREAS, Dr. Hunt was born on July 17, 1952, in Lumberton, North Carolina, and is a graduate of Gardner-Webb College and Southeastern Baptist Theological Seminary; and WHEREAS, he has served as pastor of Longleaf Baptist Church in Wilmington, North Carolina; Falls Baptist Church in Wake Forest, North Carolina; and Lavonia Baptist Church in Mooresboro, North Carolina; and WHEREAS, Dr. Hunt was called by the Lord in 1986 to lead the congregation of First Baptist Church of Woodstock as the church's senior pastor; and WHEREAS, his vision and direction have helped First Baptist Church of Woodstock grow in size and influence, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship; and WHEREAS, Dr. Hunt has served as president of the Southern Baptist Convention and president of the Pastors' Conference of the Southern Baptist Convention; and WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Hunt serves as a shining example of God's righteous path; and WHEREAS, the unmatched spiritual assistance offered by Dr. Hunt is a source of strength and direction for persons in all walks of life and from all economic strata; and WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized. PART XVI 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 3922 JOURNAL OF THE SENATE WHEREAS, Korean War veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and WHEREAS, they served as guardians of this nation's freedom and liberty and diligently and conscientiously underwent intensive and rigorous training in order to serve their country with honor and distinction during a time of war; and WHEREAS, it is important that Korean War veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and WHEREAS, Korean War veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately. PART XVII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Lance Corporal William Taylor Richards; and WHEREAS, Lance Corporal Richards served as a guardian of this nation's freedom and liberty with the United States Marines Corps; and WHEREAS, he was born on January 31, 1990, in Trenton, Georgia, and graduated from Dade County High School, where he was known as a talented musician; and WHEREAS, Lance Corporal Richards was stationed in the Helmand province of Afghanistan when he was killed while serving in support of Operation Enduring Freedom; and WHEREAS, Lance Corporal Williams was awarded a Rifle Expert Medal, an Afghanistan Campaign Medal, a National Defense Service Medal, a Global War Service Medal, a War on Terrorism Medal, and a Purple Heart; and WHEREAS, he leaves behind many who will cherish his memory, including his wife Emily and his beautiful daughter Kayden Leigh; and WHEREAS, it is only fitting and proper that a lasting memorial to Lance Corporal Richards' life of service to his country be established. TUESDAY, MARCH 27, 2012 3923 PART XVIII WHEREAS, Mr. William G. Long has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Long diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to the City of Woodstock as a city council member, a member of the Planning Commission, a city judge, and mayor over the course of 40 years; and WHEREAS, first elected to serve the public in 1966 as a member of the Woodstock City Council, Mr. Long is one of Woodstock's most distinguished citizens and dedicated servants; and WHEREAS, Mr. Long's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART XIX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Preston B. Lewis, Jr.; and WHEREAS, a graduate of Waynesboro High School, Mr. Lewis served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting America during the Korean War; and WHEREAS, he trained at the United States Navy Submarine School, received a Bronze Star, and attained the rank of captain; and WHEREAS, Mr. Lewis graduated from the University of Georgia with a bachelor's degree in business administration and a law degree before he joined his father's legal practice, Lewis & Lewis, where he practiced law for 30 years; and WHEREAS, he served as juvenile court judge for more than 30 years and served the people of Georgia as a member of the Georgia House of Representatives for six terms and the Georgia Senate for one term; and 3924 JOURNAL OF THE SENATE WHEREAS, a community leader, Mr. Lewis was a Rotarian and served as president of the Waynesboro Shrine Club and as a member of the Waynesboro Masonic Lodge, the American Legion, and First United Methodist Church; and WHEREAS, he left behind many who will cherish his memory, including his wife of 58 years, Katherine Honey Hill; four children, Preston Brooks Lewis III, Clifford Ellis Lewis, Julian Carlton Lewis, and Katherine Virginia Lewis Jones; and 11 grandchildren; and WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Lewis' life of service to this state be established. PART XX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and WHEREAS, Deputy Paugh was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, known by friends and family as "J.D.," Deputy Paugh was a dedicated deputy with the Richmond County Sheriff's Office for 17 years; and WHEREAS, Deputy Paugh's life was tragically cut short after stopping behind a vehicle on Interstate Route 520 in Augusta-Richmond County when the occupant of the vehicle opened fire upon him; and WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and WHEREAS, a native of Augusta, Georgia, Deputy Paugh was the beloved son of Wayne and Anita Paugh and father of Brandon; and WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him. PART XXI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Ossie Davis; and TUESDAY, MARCH 27, 2012 3925 WHEREAS, Mr. Raiford Chatman Davis, better known as Ossie Davis, was born in Clinch County, Georgia, on December 18, 1917, and graduated from Center High School in 1934; and WHEREAS, he was a member of the Rose McClendon Players acting group in Harlem before enlisting with the United States Army to serve as a guardian of this nation's freedom and liberty during World War II; and WHEREAS, during his time in the military, Mr. Davis wrote performances and put on shows for his fellow troops; and WHEREAS, after the war, Mr. Davis made his Broadway debut in Jeb in 1946 and went on to star in such plays as A Raisin in the Sun, Jamaica, I'm Not Rappaport, and Purlie Victorious; and WHEREAS, he appeared in numerous film, television, and radio works, including The Ossie Davis & Ruby Dee Story Hour, The Scalphunters, Do the Right Thing, Get on the Bus, The Stand, The Client, Roots: The Next Generation, Evening Shade, and With Ossie & Ruby; and WHEREAS, Mr. Davis authored several books for young readers, including Escape to Freedom: A Play about Young Frederick Douglass, Langston, and Just Like Martin; and WHEREAS, he was well respected among Civil Rights activists for his work as master of ceremonies for the 1963 March on Washington, raising money for Freedom Riders arrested in the South for violating segregation laws, and championing the work of Paul Robeson, W.E.B. DuBois, A. Philip Randolph, Malcolm X, Martin Luther King, Jr., and Frannie Lou Hammer; and WHEREAS, Mr. Davis was recognized with numerous honors and accolades, including the Screen Actors Guild Life Achievement Award, the NAACP Image Award, the Marian Anderson Award, a Grammy Award for Spoken Word, the National Medal of Art, and the Kennedy Center Honors; and WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Davis's life of service to this state be established. PART XXII WHEREAS, Superior Court Judge Kenneth O. Nix was raised in the Grove Park Commons of Grove Park; and WHEREAS, he graduated from West Fulton High School, and he has been known as a great athlete over the years; and 3926 JOURNAL OF THE SENATE WHEREAS, he has resided in Cobb County all of his adult life and served in the Georgia House of Representatives and was later appointed and re-elected to the Cobb County State Court; and WHEREAS, several years later, Judge Nix was appointed to the Cobb County Superior Court and was re-elected on several occasions until he retired this past year to spend more time with his loving wife and family in Smyrna, Georgia; and WHEREAS, Judge Nix has served with honor and distinction with the State of Georgia, and his vision and unyielding commitment is appreciated by the citizens of his community and state; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized. PART XXIII NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that: (1) This body hereby joins in honoring military veterans and dedicates State Route 22 in Oglethorpe County from U.S. Route 78/State Route 10 in Lexington to the Madison County line as Veterans Memorial Highway; (2) The members of this body honor the life and contributions of Herman E. Black and his dedicated service to and sacrifice for his community and this state and that State Route 22 in the City of Gray from the eastern city limit to its intersection with State Route 11 is dedicated as the Herman E. Black Memorial Highway; (3) The members of this body honor Sgt. Carlton "Dan" Jenkins for his effective, unselfish, and dedicated public service to the State of Georgia, extend to his family their most sincere condolences, and dedicate the interchange at Horsestamp Church Road and I-95 between mile markers 18 and 22 is dedicated as the Sgt. Carlton "Dan" Jenkins Memorial Interchange; (4) The portion of SR 142 in Newton County between SR 11 and SR 278 is dedicated as the J. Dixon Hays Memorial Highway; (5) State Route 62 from the county line between Early County and Calhoun County in Arlington to Blakley is designated as the Jimmie Hodge Timmons, Jr., Highway; (6) The members of this body join to commend Mr. Clarence Williams, Sr., for his efficient, effective, unselfish, and dedicated service to the State of Georgia and dedicate the bridge on U.S. Route 84/State Route 38 over the CSX railroad tracks in Liberty County as the Clarence Williams, Sr., Overpass; (7) The bridge on State Route 280 over the Chattahoochee River in Cobb/Fulton County is dedicated as the Trooper Chadwick T. LeCroy Memorial Bridge; (8) This body hereby joins in honoring the life and memory of Explosive Ordinance Disposal Technician First Class Joseph Adam McSween and dedicates the intersection of State Route 7/North Valdosta Road and Veterans Memorial Parkway TUESDAY, MARCH 27, 2012 3927 in Lowndes County as the EOD Technician First Class Joseph Adam McSween Memorial Intersection; (9) This body hereby joins in honoring the life and memory of Patrolman Donald J. Mander and dedicates the underpass at State Route 19/Forsyth Road and Napier Avenue in the City of Macon as the Patrolman Donald J. Mander Memorial Underpass; (10) The bridge on State Route 96 over Interstate 16 in Twiggs County is dedicated as the Deputy Richard Daniels Memorial Bridge; (11) State Route 98 in Madison County from its intersection with U.S. Route 29 in Danielsville to State Route 106 in Ila is dedicated as the Louie Clark Highway; (12) The bridge on Catoosa Parkway over Tiger Creek in Catoosa County is dedicated as the Bert Ward Memorial Bridge; (13) The entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line is dedicated as the Martin Luther King, Jr., Parkway; (14) This body desires to honor Roy Parrish by renaming the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway; (15) The portion of State Route 92 in Cherokee County from Neese Road to Trickum Road is dedicated as the Johnny Hunt Highway; (16) This body hereby joins in honoring veterans of the Korean War and dedicates Interstate 59 in Dade County from the Alabama state line to the interchange with I-24 as the Korean War Veterans Memorial Highway; (17) This body hereby joins in honoring the life and memory of Marine Lance Corporal William Taylor Richards and dedicates the portion of Highway 11 in Dade County from the Alabama state line to the Tennessee state line as the Lance Corporal William Taylor Richards Memorial Highway; (18) The interchange at Interstate 575 and Ridgewalk Parkway in the City of Woodstock is dedicated as the William G. Long Interchange at Ridgewalk Parkway; (19) This body hereby joins in honoring the life and memory of Mr. Preston B. Lewis, Jr., and dedicates the portion of U.S. Highway 25N from Waynesboro to Walnut Branch as the Preston B. Lewis, Jr., Memorial Highway; (20) The portion of Interstate Route 520 in Richmond County from Exit 2 (Wrightsboro Road) to Exit 3 (Gordon Highway) is dedicated as the Deputy James D. Paugh Memorial Highway; (21) This body hereby joins in honoring the life and memory of Mr. Ossie Davis and dedicates the portion of U.S. Highway 1/State Route 4 Business within the city limits of Waycross in Ware County as the Ossie Davis Parkway; (22) That the portion of South Cobb Drive beginning at the intersection of South Cobb Drive and Concord Road to the intersection of South Cobb Drive and Cooper Lake Road is dedicated as the Judge Kenneth O. Nix Highway; (23) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and 3928 JOURNAL OF THE SENATE (24) The Clerk of the House of Representatives is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the family of Herman E. Black, the family of Sgt. Carlton "Dan" Jenkins, the family of J. Dixon Hays, the family of Jimmie Hodge Timmons, Jr., Clarence Williams, Sr., the family of Trooper Chadwick T. LeCroy, the family of EOD Technician First Class Joseph Adam McSween, the family of Patrolman Donald J. Mander, the family of Deputy Richard Daniels, Mr. Louie Clark, the family of Mr. Bert Ward, the family of Rev. Martin Luther King, Jr., the family of Roy Parrish, Jr., the family of Dr. Johnny M. Hunt, and the family of Marine Lance Corporal William Tyler Richards, the Honorable William G. Long, the family of Mr. Preston B. Lewis, Jr., the family of Deputy James D. Paugh, the family of Mr. Ossie Davis, and the family of Judge Kenneth O. Nix. On the 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 50, nays 0. HR 1177, having received the requisite constitutional majority, was adopted by substitute. TUESDAY, MARCH 27, 2012 3929 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 333. By Senators Stone of the 23rd, Miller of the 49th, Ramsey, Sr. of the 43rd, Davis of the 22nd, Jeffares of the 17th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; 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 37. By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others: 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 provide for the termination of certain rental and lease agreements; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 483. By Senators Mullis of the 53rd, Rogers of the 21st, Chance of the 16th, Golden of the 8th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. 3930 JOURNAL OF THE SENATE The House has adopted, by substitute, by the requisite constitutional majority the following Resolution of the Senate: SR 84. By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow state entities 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. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 92. By Senators McKoon of the 29th, Williams of the 19th, Bethel of the 54th, Staton of the 18th, Ligon, Jr. of the 3rd 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 limitations on when in-person absentee balloting may be conducted; to provide for a period of advance voting; to provide for procedures; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. The Calendar was resumed. HB 928. By Representatives Riley of the 50th, Greene of the 149th, Maddox of the 172nd, Wilkerson of the 33rd, Anderson of the 117th and others: 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 the board of trustees of such fund shall be authorized to employ a hearing officer; to provide for dispute resolution; to provide for powers and duties of the hearing officer; to provide for hearings; to provide for a record of hearings; to provide for judicial review; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. TUESDAY, MARCH 27, 2012 The following Fiscal Note, as required by law, was read by the Secretary: 3931 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 26, 2012 The Honorable Lynne Riley State Representative Coverdell Legislative Office Building, Room 504 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 928 (LC 21 1563) Dear Representative Riley: This bill would amend provisions relating to the Peace Officers' Annuity and Benefit Fund. Specifically, this bill would authorize the Board to appoint and compensate a hearing officer for the purpose of holding hearings, compiling evidence and information, and submitting evidence, information, and recommendations to the Board in any contested case. Currently, the Board may only appoint and compensate a hearing officer for cases involving disability benefits. This is to certify that this is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. 3932 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 928, having received the requisite constitutional majority, was passed. HB 337. By Representatives Greene of the 149th, Maxwell of the 17th and Benton of the 31st: A BILL to be entitled an Act to amend Code Section 47-16-101 of the Official Code of Georgia Annotated, relating to retirement benefit options under the Sheriffs' Retirement Fund of Georgia, failure of a member to select an option, effect of changes in retirement benefits and options, and change of option after receipt of payments, so as to provide that in the event of divorce a retired member who has elected a spouses' option may elect to continue or revoke such coverage; to provide for an increase in benefit; to provide for remarriage; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. TUESDAY, MARCH 27, 2012 The following Fiscal Notes, as required by law, were read by the Secretary: 3933 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 5, 2011 Honorable Howard Maxwell, Chairman House Retirement Committee State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation House Bill 337 (LC 21 1089) Sheriffs' Retirement Fund of Georgia Dear Chairman Maxwell: This bill would amend provisions relating to optional retirement benefits under the Sheriffs' Retirement Fund of Georgia. Specifically, this bill would allow a retired member who has elected spouses' benefits to revoke such election in the event of divorce. If the member remarries at a later time, the member would be authorized to reinstate spouses' benefits. The benefit to be paid to the member would be adjusted actuarially based on the age of the member and the new spouse. The cost impact of this legislation on the Sheriffs' Retirement System would be negligible, resulting in a cost or savings of less than $1,000 in the first year. There is no information to estimate the number of members that would be affected by this legislation. However, any member who is affected by the legislation would have his or her benefits actuarially adjusted when they change their benefit elections, resulting in a negligible impact to the Fund. This cost estimate is based on current member data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through a portion of fines, fees, and bond forfeitures. 3934 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. (5) The employer contribution rate currently in effect. $ 0 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 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, MARCH 27, 2012 3935 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 14, 2011 The Honorable Gerald Greene State Representative Coverdell Legislative Office Building, Room 507 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 337 (LC 21 1089) Dear Representative Greene: This bill would amend provisions relating to optional retirement benefits under the Sheriffs' Retirement Fund of Georgia. Specifically, this bill would allow a retired member who had elected spouses' benefits to revoke such election in the event of a divorce. If the member remarries at a later time, the member would be authorized to reinstate spouses' benefits. The benefit to be paid to the member would be adjusted actuarially based on the age of the member and new spouse. 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 report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: 3936 JOURNAL OF THE SENATE Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 0. HB 337, having received the requisite constitutional majority, was passed. HB 351. By Representative Maxwell of the 17th: A BILL to be entitled an Act to amend Article 4 of Chapter 11 of Title 47 of the Official Code of Georgia Annotated, relating to revenues collected from fines and fees in the probate courts, so as to change the portion of such fines paid to the Judges of the Probate Courts Retirement Fund of Georgia; to provide that a portion of certain fines collected in certain state courts shall be paid to such retirement fund; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The following Fiscal Notes, as required by law, were read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 TUESDAY, MARCH 27, 2012 3937 Russell W. Hinton State Auditor (404) 656-2174 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 January 10, 2012 SUBJECT: State Auditor's Certification Substitute to House Bill 351 (LC 21 1407S) Dear Representative Maxwell: This substitute bill would amend provisions relating to the collection of fines and fees under the Judges of the Probate Courts Retirement Fund. If this legislation is enacted, the Board would collect $3.00 for each criminal and quasi-criminal case for violations of state statutes or traffic laws, provided the case was tried before a judge of the probate court. Currently, the amount of the fine or fee being remitted to the Board is dependent upon the total amount of the fine or bond forfeiture ordered by the judge. Under the current statute, however, the maximum amount remitted to the Board will never exceed $2.50. 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 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 3938 JOURNAL OF THE SENATE February 14, 2011 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification House Bill 351 (LC 21 1093) Dear Representative Maxwell: This bill would amend provisions relating to the collection of fines and fees under the Judges of the Probate Courts Retirement Fund. If this legislation is enacted, the Board would collect $3.00 for each criminal and quasi-criminal case for violations of state statutes or traffic laws, provided the case was tried before a judge of the probate court or a judge of a state court created on or after July 1, 2011. Currently, the amount of the fine or fee being remitted to the Board is dependent upon the total amount of the fine or bond forfeiture ordered by the judge. Under the current statute, however, the maximum amount remitted to the Board will never exceed $2.50. This is to certify that this bill is a nonfiscal retirement bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone TUESDAY, MARCH 27, 2012 3939 Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 2. HB 351, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Senator Bill Heath District 31 109 State Capitol Atlanta, GA 30334 Committees: Finance Agriculture and Consumer Affairs Government Oversight Appropriations Science and Technology Retirement The State Senate Atlanta, Georgia 30334 3/27/12 I inadvertently voted Yes on HB 351. I never intentionally vote for tax increases. /s/ Bill Heath Senator Hamrick of the 30th was excused for business outside the Senate Chamber. Senator Bethel of the 54th asked unanimous consent that the following bill, having been placed on the Table today, be taken from the Table: HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to 3940 JOURNAL OF THE SENATE provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The consent was granted, and HB 347 was taken from the Table. Pursuant to Senate Rule 6-3.5(b), HB 347, having been taken from the Table, was placed at the foot of the Senate Rules Calendar. Senator Bethel of the 54th moved to suspend Senate Rules to reorder the Rules Calendar and place HB 347 upon its passage. There was no objection. HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The Senate Insurance and Labor Committee offered the following substitute to HB 347: A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions relating to determination of the weekly benefit amount; to change certain provisions relating to determination of eligibility for unemployment benefits generally so as to require a waiting period of one week; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising paragraph (1) of subsection (b) of Code Section 34-8-49, relating to wages, as follows: TUESDAY, MARCH 27, 2012 3941 "(1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, 'taxable wages' means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts: (A) For the period January 1, 1976, through December 31, 1982 -- $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 -- $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 -- $7,500.00; and (D) For the period January 1, 1990, and thereafter through December 31, 2012 -- $8,500.00; and (E) January 1, 2013, and thereafter $9,500.00; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer;" SECTION 2. Said chapter is further amended by revising subparagraph (d)(4)(B) of Code Section 348-156, relating to the State-wide Reserve Ratio, as follows: "(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.5 percent 1.7 percent 25 percent 1.25 percent 1.5 percent 50 percent 0.75 percent 1.25 percent 75 percent Under 0.75 percent 100 percent provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year the Commissioner of Labor shall have the option of 3942 JOURNAL OF THE SENATE imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, January 1 through December 31, 2009, January 1 through December 31, 2010, January 1 through December 31, 2011, and January 1 through December 31, 2012, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, 2009, 2010, 2011, or 2012, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the period of January 1 through December 31, 2013, and for each calendar year period thereafter, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2013 or any calendar year thereafter, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; provided, however, that if any funds borrowed by the Commissioner from the United States Treasury pursuant to Code Section 34-8-87 are unpaid or if the Unemployment Compensation Fund balance is less than $1 billion, then the Commissioner of Labor shall impose an increase in the overall rate of 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155." SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, as follows: "(d)(1) Except as otherwise provided in this subsection, the maximum benefits payable to an individual in a benefit year shall be the lesser of: 26 times the weekly amount or (A) Twelve times the weekly benefit amount, if this state's average unemployment rate is at or below 5.49 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 5.49 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (B) one-fourth One-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of TUESDAY, MARCH 27, 2012 3943 benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a highdemand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 12 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 5.49 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 5.49 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30." SECTION 4. Said chapter is further amended by revising subsection (a) of Code Section 34-8-195, relating to determination of eligibility for unemployment benefits generally, eligibility 3944 JOURNAL OF THE SENATE while in training, and deductions and withholdings from compensation, as follows: "(a) An unemployed individual shall be eligible to receive benefits for any week only if such unemployed individual shows to the satisfaction of the Commissioner that each of the following conditions has been met: (1) The individual has made a claim, has been unemployed or employed less than full time during the regular work week, and has reported his or her deductible earnings in accordance with Code Section 34-8-190; (2) The individual has registered for work and has continued to report to an employment office as required by regulations prescribed by the Commissioner. The Commissioner may, by regulation, waive or alter either or both of the requirements of this paragraph for cases or situations in which the Commissioner finds that compliance with the requirements would be oppressive or inconsistent with the purposes of this chapter; (3)(A) The individual is able to work, is available for work, is actively seeking work, and is bona fide in the labor market; provided, however, that no individual shall be considered available for work or receive benefits for any period that: (i) The individual is away from work on vacation or leave of absence at the individual's own request; (ii) The individual is away from work for a vacation period as provided in an employment contract or collective bargaining agreement; or (iii) The individual is away from work for a vacation period in the absence of an employment contract or collective bargaining agreement and such vacation period is either pursuant to: (I) An established employer custom, practice, or policy as evidenced by the previous year or years; or (II) A vacation policy and practice established by the employer by an announcement, made at least 30 days before the beginning of the scheduled period, of a paid vacation plan applicable to the employees who meet the eligibility requirements of the plan. (B) In no event shall an employee be held unavailable for work or ineligible for benefits under divisions (ii) and (iii) of subparagraph (A) of this paragraph for any period of more than two weeks in any calendar year when such employee is not paid for such period directly or indirectly by the employer or from a fund to which the employer contributes. The usual eligibility requirements shall apply to individuals laid off due to lack of work or for a purported vacation not meeting the conditions set forth in subparagraph (A) of this paragraph; (4) The individual has participated in reemployment services, such as job search assistance services, if the individual was determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Commissioner unless the Commissioner determines that: (A) Such individual has completed such reemployment services; or (B) There is justifiable cause for such individual's failure to participate in such reemployment services; TUESDAY, MARCH 27, 2012 3945 (5) The individual is willing to work under the same general terms and conditions as existed since the beginning of the base period; and (6) The individual has been paid sufficient wages for insured work to qualify for a weekly benefit amount as provided in Code Section 34-8-193; and (7) The individual has served a required waiting period of one week during which no benefits shall be payable; provided, however, that not more than one week of a waiting period shall be required of any individual in any benefit year in order to establish the individual's eligibility for benefits. Such waiting period shall commence on the first day of the first week in which the individual first files a claim for benefits. This paragraph shall apply to any claims filed on or after July 1, 2012." SECTION 5. In the event any section, subsection, paragraph, subparagraph, item, sentence, clause, phrase, or word of this Act is declared or adjudged to be invalid or unconstitutional, the remaining portions of this Act shall automatically be repealed upon the entry of such declaration or adjudication and shall not remain of full force and effect after such declaration or adjudication. The General Assembly declares that it would not have enacted the remaining parts of this Act if it had known that such portion of this Act would be declared or adjudged invalid or unconstitutional. SECTION 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on July 1, 2012. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J E Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks N Orrock N Paris E Ramsey Y Rogers N Seay Y Shafer N Sims 3946 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Staton Y Stone N Stoner N Tate N Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 35, nays 14. HB 347, having received the requisite constitutional majority, was passed by substitute. The Senate Rules Committee submitted the following Report: SENATE SUPPLEMENTAL RULES CALENDAR TUESDAY, MARCH 27, 2012 THIRTY-NINTH LEGISLATIVE DAY HR 1150 Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts - CA (Substitute) (FIN-37th) Coleman-97th Respectfully submitted, /s/ Balfour of the 9th, Chairman Senate Rules Committee Senator Williams of the 19th asked unanimous consent that HB 541 be placed on the Table. The consent was granted, and HB 541 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 684 be placed on the Table. The consent was granted, and HB 684 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 745 be placed on the Table. The consent was granted, and HB 745 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 746 be placed on the Table. The consent was granted, and HB 746 was placed on the Table. TUESDAY, MARCH 27, 2012 3947 Senator Williams of the 19th asked unanimous consent that HB 766 be placed on the Table. The consent was granted, and HB 766 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 875 be placed on the Table. The consent was granted, and HB 875 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 932 be placed on the Table. The consent was granted, and HB 932 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 945 be placed on the Table. The consent was granted, and HB 945 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 997 be placed on the Table. The consent was granted, and HB 997 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1048 be placed on the Table. The consent was granted, and HB 1048 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1066 be placed on the Table. The consent was granted, and HB 1066 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1067 be placed on the Table. The consent was granted, and HB 1067 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1069 be placed on the Table. The consent was granted, and HB 1069 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1102 be placed on the Table. The consent was granted, and HB 1102 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1110 be placed on the Table. The consent was granted, and HB 1110 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 1178 be placed on the Table. The consent was granted, and HB 1178 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HR 1151 be placed on the Table. The consent was granted, and HR 1151 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HR 1376 be placed on the Table. The consent was granted, and HR 1376 was placed on the Table. 3948 JOURNAL OF THE SENATE Senator Williams of the 19th asked unanimous consent that HB 929 be placed on the Table. The consent was granted, and HB 929 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HB 930 be placed on the Table. The consent was granted, and HB 930 was placed on the Table. Senator Williams of the 19th asked unanimous consent that HR 1150 be placed on the Table. The consent was granted, and HR 1150 was placed on the Table. Senator Miller of the 49th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 365. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; 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 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, so as to change the definition of "settlement agent"; to change provisions relating to the applicability of the Code section and the availability of damages for violating the Code section; to provide for criminal penalties; 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. Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to disbursement of settlement proceeds, is amended by revising paragraph (10) of subsection (a) and subsections (b) and (e) and by adding two new subsections (f) and (g) to read as follows: TUESDAY, MARCH 27, 2012 3949 "(10) 'Settlement agent' means the person lender or an active member of the State Bar of Georgia responsible for conducting the settlement and disbursement of the settlement proceeds and includes any individual, corporation, partnership, or other entity conducting the settlement and disbursement of the loan funds." "(b) This Code section applies shall apply only to transactions involving purchase money loans made by a lender, or loans made to refinance, directly or indirectly, a purchase money loan made by another lender refinance loans made by the current or a new lender, which loans will be secured by deeds to secure debt or mortgages on real estate within the State of Georgia containing not more than four residential dwelling units, whether or not such deeds to secure debt or mortgages have a first-priority status." "(e) Any party violating this Code section shall be liable to any other party suffering a loss due to such violation for such other party's actual damages plus reasonable attorneys' fees. In addition, any party violating this Code section shall pay to the borrower party suffering the loss an amount of money equal to $1,000.00 or double the amount of interest payable on the loan for the first 60 days after the loan closing, whichever is greater. (f) Any individual, corporation, partnership, or other entity conducting the settlement and disbursement of loan funds, when he, she, or it is not the settlement agent, shall be guilty of a misdemeanor. (g) Nothing contained in this Code section shall prevent a real estate broker or real estate salesperson from exercising the rights and providing the duties and services specified by Chapter 40 of Title 43." SECTION 2. 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 365 as amended by the following amendment: Amend the House Committee on Judiciary substitute to SB 365 (LC 29 5279S) by replacing lines 1 and 2 with the following: To amend Title 43 and Code Section 44-14-13 of the Official Code of Georgia Annotated, relating to professions and businesses and disbursement of settlement proceeds, respectively, so as to change certain provisions relating to real estate and real estate professionals; to provide for definitions relative to real estate appraisers; to change certain provisions relating to revocation of licenses; to change certain provisions relating to discipline, sanctions, and citations; to provide for a letter of findings to be issued by the Georgia Real Estate Appraisers Board and the Georgia Real Estate Commission; to change certain provisions relating to qualifications for a broker or associate broker's license; to change certain provisions relating to the real estate education, research, and recovery fund; to revise certain provisions relating to the commission's subrogation rights; to change the definition of "settlement agent"; to 3950 JOURNAL OF THE SENATE By redesignating Sections 1 and 2 as Sections 15 and 16, respectively, and inserting between lines 6 and 7 the following: SECTION 1. Title 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by revising subparagraph (B) of paragraph (3) of Code Section 43-39A-2, relating to definitions relative to real estate appraisers, as follows: "(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 who 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; or (v) A relocation company." SECTION 2. Said title is further amended by revising Code Section 43-39A-2, relating to definitions relative to real estate appraisers, by adding a new paragraph to read as follows: "(25.1) 'Relocation company' means a business entity that acts as an agent or contractor of an employer for the purposes of relocating the employees of such employer and determining an anticipated sales price of the residences of the employees being relocated." SECTION 3. Said title is further amended by revising subsection (e) of Code Section 43-39A-3, relating to the Georgia Real Estate Appraisers Board, membership, qualifications, recusal for conflict of interest, terms, removal, meetings, and compensation, as follows: "(e) Upon expiration of their terms, members of the board shall continue to hold office until the appointment and qualification of their successors. The Governor, after giving notice and opportunity for a hearing, may remove from office any member of the board for any of the following: (1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction other than a citation or a letter of findings authorized by this chapter imposed by any professional licensing agency on such member's right to practice a trade or profession." TUESDAY, MARCH 27, 2012 3951 SECTION 4. Said title is further amended by revising Code Section 43-39A-14, relating to required conduct of applicants, refusal of classification, imposition of sanctions, revocation of classification, noncompliance with child support orders, and borrowers in default, as follows: "43-39A-14. (a) Appraiser classifications shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such manner as to safeguard the interests of the public and only after satisfactory proof of such qualifications has been presented to the board. (b)(1) As used in this subsection, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. (1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction;, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state, district, or territory of the United States, or of a foreign country, shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if: (A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval, provided that, if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of 3952 JOURNAL OF THE SENATE a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any classification or approval authorized by this chapter has been convicted in a court of competent jurisdiction of this state or any other state, district, or territory of the United States or of a foreign country of the offense of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, or conspiracy to defraud or other like offense or offenses or has been convicted of a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude, such conviction in itself may be a sufficient ground for refusal of a classification or approval. An applicant for any classification or approval authorized by this chapter who has been convicted of any offense enumerated in this paragraph may be issued a classification or approval by the board only if: (A) The time periods identified in paragraph (1) (1.1) of this subsection have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interest of the public. (c) Where an applicant or an appraiser has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, such conviction may in itself be a sufficient ground for refusal of an appraiser classification or the imposition of any sanction permitted by this chapter. (d) Where an applicant or an appraiser has made a false statement of material fact on an application or caused to be submitted or been a party to preparing or submitting any falsified application to the board, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the appraiser classification. (e) Grounds for suspension or revocation of an appraiser classification, as provided for by this chapter, shall also be grounds for refusal to grant an appraiser classification. (f) The conduct provided for in subsections (a) through (d) and subsection (h) of this Code section which relates to the denial of an appraiser classification to an applicant shall also be grounds for the imposition of any sanction permitted by this chapter when TUESDAY, MARCH 27, 2012 3953 the conduct is that of an appraiser. (g) Whenever the board initiates an investigation as provided in Code Section 43-39A22 to determine whether an appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter and such appraiser: (1) Surrendered or surrenders an appraiser classification to the board; (2) Allowed or allows an appraiser classification to lapse due to failure to meet education requirements provided by law; or (3) Allowed or allows an appraiser classification to lapse due to failure to pay any required fees, the board may issue an order revoking such appraiser's classification. The order will shall be effective ten days after the order is served on the appraiser unless the appraiser makes a written request for a hearing before the board, in which event, the board will shall file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 43-39A-21. If such surrender or lapsing occurs after the board has filed a notice of hearing alleging that such appraiser has violated any provision of this chapter or the rules and regulations adopted pursuant to this chapter but before the board enters a final order in the matter, then upon submission of a new application by such person the matters asserted in the notice of hearing shall be deemed admitted and may be used by the board as grounds for refusal of a new appraiser classification to such person. (h) Whenever any occupational licensing body of this state, or any other state, or any foreign country has sanctioned disciplined any license or classification of an applicant for any appraiser classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, or any other state, or any foreign country after that occupational licensing body has initiated an investigation or a disciplinary process regarding such applicant's licensure or classification, such sanction discipline, lapsing, or surrender in itself may be a sufficient ground for refusal of an appraiser classification. Whenever any occupational licensing body of this state, or any other state, or any foreign country has revoked the license or classification of an applicant for a classification or whenever such an applicant has allowed a license or classification to lapse or has surrendered a license or classification to any occupational licensing body of this state, or any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license or classification, the board may issue an appraiser classification only if: (1) At least five years have passed since the date that the applicant's occupational registration, license, or certification was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the board satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact real estate appraisal activity in such a manner as to safeguard the interests of the public. 3954 JOURNAL OF THE SENATE (i) Whenever any appraiser is convicted of any offense enumerated in subsection (b) of this Code section, such appraiser must shall immediately notify the board of that conviction. Such appraiser's appraiser classification shall automatically be revoked 60 days after the conviction unless the appraiser makes a written request to the board for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the board in its discretion may impose upon that appraiser any sanction permitted by this chapter. (j) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in such Code sections shall be the only such procedures required under this article. (k) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such finding is shall be sufficient grounds for refusal of a license or suspension of a license. For purposes of this subsection, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this article. (l) Where the board has previously sanctioned any applicant for a classification under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the classification." SECTION 5. Said title is further amended by revising subsection (a) of Code Section 43-39A-18, relating to penalties for violations, unfair trade practices, and civil judgments, as follows: "(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever an appraiser classification, a school approval, or an instructor approval has been obtained by false or fraudulent representation;, or whenever an appraiser, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or 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 have the power to take any one or more of the following actions: (1) Refuse to grant or renew a classification to an applicant; (2) Administer a reprimand; (3) Suspend any classification or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the classification or approval; (4) Revoke any classification or approval; (5) Revoke any classification issued to an appraiser and simultaneously issue such appraiser a classification with more restricted authority to conduct appraisals; (6) Impose on an appraiser, applicant, approved school approval, or approved instructor approval monetary assessments in an amount necessary to reimburse the board for administrative, investigative, and legal costs and expenses incurred by the TUESDAY, MARCH 27, 2012 3955 board in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate appraisal or instruction; or (9) Limit or restrict any classification or approval as the board deems necessary for the protection of the public. Any action taken by the board pursuant to this subsection may, at its discretion, be construed as a 'disciplinary sanction' or 'sanction' as such terms are used in this chapter." SECTION 6. Said title is further amended by revising Code Section 43-39A-18.1, relating to alternative disciplinary procedures and citations, as follows: "43-39A-18.1. (a) It is the intent of the General Assembly to provide the board with a disciplinary tool which is an alternative measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-39A-18. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation by an appraiser of this chapter, the rules and regulations promulgated by the board, or a standard of conduct, the board, in its discretion, may: (1) initiate Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-39A-18 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or; (2) issue Issue a citation to the appraiser. Such citation, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct and inform the appraiser of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the board may include an order to complete a course of study in real estate appraisal or instruction or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or both. If the appraiser fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of an appraiser to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's classification, after notice and opportunity for a hearing.; or (3) Issue a letter of findings to the appraiser if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the appraiser of the alleged violation or violations of this chapter, commission rules, or standard or standards of conduct. A 3956 JOURNAL OF THE SENATE letter of findings shall be confidential and shall not appear on the classification history of an appraiser. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-39A-22. (c) The board is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and standards of conduct which may be the basis for the issuance of a citation or a letter of findings." SECTION 7. Said title is further amended by revising subsection (d) of Code Section 43-40-2, relating to creation of commission, members, meetings, recusal for conflict of interest, removal, compensation, annual report, and budget unit, as follows: "(d) The Governor, after giving notice and an opportunity for a hearing, may remove from office any member of the commission for any of the following: (1) Inability to perform or neglecting to perform the duties required of members; (2) Incompetence; (3) Dishonest conduct; or (4) Having a disciplinary sanction, other than a citation or a letter of findings authorized by this chapter, imposed by any professional licensing agency on such member's right to practice a trade or profession." SECTION 8. Said title is further amended by revising subsection (c) of Code Section 43-40-8, relating to qualifications of licensees, course of study for licensed salespersons, lapse, reinstatement, renewal, continuing education, and standards for courses, as follows: "(c) In order to qualify to become an applicant for a broker or associate broker's license, an individual shall: (1) Have attained the age of 21 years; (2) Be a resident of the State of Georgia, unless that person has fully complied with the provisions of Code Section 43-40-9; (3) Be a high school graduate or the holder of a certificate of equivalency; (3.1) Have complied fully with the requirements of subsection (b) of Code Section 43-40-15 regarding any criminal convictions; (4) Have maintained a license in active status for at least three of the five years immediately preceding the filing of an application to become a broker; (5) Furnish evidence of completion of 60 instructional hours in a broker's course of study approved by the commission, provided that if licensed as a community association manager, the applicant shall furnish evidence of completion of an additional 75 instructional hours in courses or a course of study approved by the commission; and (6) Stand and pass a real estate examination administered by or approved by the TUESDAY, MARCH 27, 2012 3957 commission covering generally the matters confronting real estate brokers after completing the requirements of paragraph (5) of this subsection and after serving at least two years of active licensure maintaining a license in active status for at least three of the five years immediately preceding such examination. Failure to meet any of these requirements shall be grounds for denial of license without a hearing." SECTION 9. Said title is further amended by revising Code Section 43-40-15, relating to grant, revocation, or suspension of licenses, other sanctions, surrender or lapse, conviction, noncompliance with child support order, and borrowers in default, as follows: "43-40-15. (a) Licenses shall be granted only to persons who bear a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such manner as to safeguard the interest of the public and only after satisfactory proof of such qualifications has been presented to the commission. The commission may deny a license to a corporation, limited liability company, or partnership if a stockholder, member, or partner or any combination thereof which owns more than a 20 percent interest therein does not bear a good reputation for honesty, trustworthiness, and integrity; has been convicted of any of the crimes enumerated in subsection (b) of this Code section; or has been sanctioned disciplined by any legally constituted regulatory agency for violating a law regulating the sale of real estate. (b)(1) As used in this Code section, the term: (A) 'Conviction' means a finding or verdict of guilty or a plea of guilty to a charge of a felony or any crime involving moral turpitude, regardless of whether an appeal of the conviction has been brought; a sentencing to first offender treatment without an adjudication of guilt pursuant to a charge of a felony or any crime involving moral turpitude; or a plea of nolo contendere to a charge of a felony or any crime involving moral turpitude. (B) 'Felony' includes means any offense which, if committed in this state, would be deemed a felony, without regard to its designation elsewhere committed: (i) Within this state and deemed a felony under the laws of this state or under the laws of the United States; or (ii) In another state and deemed a felony under the laws of that state or the laws of the United States. (1.1) No person who has a conviction shall be eligible to become an applicant for a license or an approval authorized by this chapter unless such person has successfully completed all terms and conditions of any sentence imposed for such conviction;, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has a single conviction, at least two years shall have passed since the individual satisfied all terms and conditions of any 3958 JOURNAL OF THE SENATE sentence imposed for the last conviction before making application for licensure or approval. (1.2) A person who has a conviction in a court of competent jurisdiction of this state or any other state, district, or territory of the United States, or of a foreign country, shall be eligible to become an applicant for a licensure or an approval authorized by this chapter only if: (A) Such person has satisfied all terms and conditions of any conviction such person may have had before making application for licensure or approval;, provided that if such individual has multiple convictions, at least five years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; and provided, further, that if such individual has been convicted of a single felony or of a single crime of moral turpitude, at least two years shall have passed since the individual satisfied all terms and conditions of any sentence imposed for the last conviction before making application for licensure or approval; (B) No criminal charges for forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude are pending against the person; and (C) Such person presents to the commission satisfactory proof that the person now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (2) Where an applicant for any license or approval authorized by this chapter has been convicted of forgery, embezzlement, obtaining money under false pretenses, theft, extortion, conspiracy to defraud, or other like offense or offenses or has been convicted of a felony, a sex sexual offense, a probation violation, or a crime involving moral turpitude and has been convicted thereof in a court of competent jurisdiction of this state or any other state, district, or territory of the United States or of a foreign country such conviction in itself may be sufficient ground for refusal of a license or approval authorized by this chapter. An applicant for licensure as an associate broker or a broker who has been convicted of any offense enumerated in this paragraph may be licensed by the commission as an associate broker or a broker only if: (A) At least ten years have passed since the applicant was convicted, sentenced, or released from any incarceration, whichever is later; (B) No criminal charges are pending against the applicant; and (C) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (c) Where an applicant or licensee has been found guilty of a violation of the federal fair housing law or Article 4 of Chapter 3 of Title 8 by an administrative law judge or a court of competent jurisdiction and after any appeal of such conviction is concluded, TUESDAY, MARCH 27, 2012 3959 such conviction may in itself be a sufficient ground for refusal of a license or the imposition of any sanction permitted by this chapter. (d) Where an applicant or licensee has made a false statement of material fact on his or her application or caused to be submitted or been a party to preparing or submitting any falsified application to the commission, such action may, in itself, be a sufficient ground for the refusal, suspension, or revocation of the license. (e) Grounds for suspension or revocation of a license, as provided for by this chapter, shall also be grounds for refusal to grant a license. (f) The conduct provided for in subsections (a), (b), (c), (d), and (h) of this Code section which relates to the denial of a real estate license to an applicant shall also be grounds for imposition of any sanction permitted by this chapter when the conduct is that of a licensee. (g) Whenever the commission initiates an investigation as permitted by Code Section 43-40-27 to determine whether a licensee has violated any provision of this chapter or its rules and regulations and such licensee has: (1) Surrendered or voluntarily surrenders the license to the commission; (2) Allowed or allows the license to lapse due to failure to meet educational requirements provided by law; or (3) Allowed or allows the license to lapse due to failure to pay any required fees, then if such surrender or lapsing takes place after before the commission has filed a notice of hearing alleging that such licensee has violated any provision of this chapter or its rules and regulations, but before the commission enters a final order in the matter, then upon submission of a new application by such licensee the matters asserted in the notice of hearing shall be deemed admitted and may be used by the commission as grounds for refusal of a new license to such licensee. If such surrender or lapsing takes place prior to the commission's filing of a notice of hearing, but after the commission initiates an investigation as permitted by Code Section 43-40-27, then the commission may issue an order revoking such licensee's license. Such order of revocation shall be final ten days after it is issued unless the licensee named in the order requests a hearing before the commission. If such licensee requests a hearing, the commission shall file a notice of hearing and provide a hearing for such licensee in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' the commission may issue an order revoking such licensee's license. The order shall be effective ten days after the order is served on the licensee unless the licensee makes a written request for a hearing before the commission, in which event, the commission shall file a notice of hearing in accordance with Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' Service shall be accomplished as provided for in Code Section 43-40-26. (h) Whenever any occupational licensing body of this state, or any other state, or any foreign country has sanctioned disciplined the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, or any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, such sanction discipline, 3960 JOURNAL OF THE SENATE lapsing, or surrender in itself may be a sufficient ground for refusal of a license. Whenever any occupational licensing body of this state, or any other state, or any foreign country has revoked the license of an applicant for any license authorized by this chapter or whenever such an applicant has allowed a license to lapse or has surrendered a license to any occupational licensing body of this state, or any other state, or any foreign country after that body has initiated an investigation or a disciplinary process regarding such applicant's license, the commission may issue an associate broker's or a broker's license only if: (1) At least ten years have passed since the date that the applicant's occupational license was revoked or surrendered; (2) No criminal charges are pending against the applicant at the time of application; and (3) The applicant presents to the commission satisfactory proof that the applicant now bears a good reputation for honesty, trustworthiness, integrity, and competence to transact the business of a licensee in such a manner as to safeguard the interest of the public. (i) Whenever any licensee is convicted of any offense enumerated in subsection (b) of this Code section, the licensee must shall immediately notify the commission of that conviction. The licensee's license shall automatically be revoked 60 days after the licensee's conviction unless the licensee makes a written request to the commission for a hearing during that 60 day period. Following any such hearing requested pursuant to this subsection, the commission in its discretion may impose upon that licensee any sanction permitted by this chapter. (j) Whenever the commission revokes or suspends the license of a community association manager, a salesperson, an associate broker, or a broker, then any school or instructor approval which such licensee holds shall also be revoked or suspended. Whenever a licensee surrenders a real estate license as provided for in subsection (g) of this Code section, any school or instructor approval which such licensee holds shall also be subject to the provisions of subsection (g) of this Code section. (k) Where an applicant or licensee has been found not in compliance with an order for child support as provided in Code Section 19-6-28.1 or 19-11-9.3, such action is shall be sufficient grounds for refusal of a license or suspension of a license. In such actions, the hearing and appeal procedures provided for in those Code sections shall be the only such procedures required under this chapter. (l) Where an applicant or licensee has been found to be a borrower in default who is not in satisfactory repayment status as provided in Code Section 20-3-295, such status is shall be sufficient grounds for refusal of a license or suspension of a license. In such cases, the hearing and appeal procedures provided for in Code Section 20-3-295 shall be the only such procedures required under this chapter. (m) Where the commission has previously sanctioned any applicant for a license under Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' such sanction may in itself be a sufficient ground for refusing the license." TUESDAY, MARCH 27, 2012 3961 SECTION 10. Said title is further amended by revising subsection (b) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation, as follows: "(b) The commission shall maintain a minimum balance of $1 million in the real estate education, research, and recovery fund from which any person, except bonding companies when they are not principals in a real estate transaction, aggrieved by an act, representation, transaction, or conduct of a licensee which is in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto, may recover, by order of any court having competent jurisdiction, actual or compensatory damages, not including interests and costs sustained by the act, representation, transaction, or conduct, provided that nothing shall be construed to obligate the fund for more than $15,000.00 $25,000.00 per transaction regardless of the number of persons aggrieved or parcels of real estate involved in such transaction. In addition: (1) The liability of the fund for the acts of a licensee, when acting as such, is terminated upon the issuance of court orders authorizing payments from the fund for judgments, or any unsatisfied portion of judgments, in an aggregate amount of $45,000.00 $75,000.00 on behalf of such licensee; (2) A licensee acting as a principal or agent in a real estate transaction has no claim against the fund; and (3) No person who establishes a proper claim or claims under this Code section shall ever obtain more than $15,000.00 $25,000.00 from the fund." SECTION 11. Said title is further amended by revising subsection (d) of Code Section 43-40-22, relating to real estate education, research, and recovery fund, revocation of license upon court order for payment from fund, and subrogation, as follows: "(d)(1) No action for a judgment which subsequently results in an order for collection from the real estate education, research, and recovery fund shall be started later than two years from the accrual of the cause of action thereon. When any aggrieved person commences action for a judgment which may result in collection from the real estate education, research, and recovery fund, the aggrieved person shall notify the commission in writing, by certified mail or statutory overnight delivery, return receipt requested, to this effect at the time of the commencement of such action. The commission shall have the right to intervene in and defend any such action. (2) When any aggrieved person recovers a valid judgment in any court of competent jurisdiction against any licensee for any act, representation, transaction, or conduct which is in violation of this chapter, or of the regulations promulgated pursuant thereto, which act occurred on or after July 1, 1973, the aggrieved person may, upon termination of all proceedings, including reviews and appeals in connection with the judgment, file a verified claim in the court in which the judgment was entered and, upon ten 30 days' written notice to the commission, may apply to the court for an order directing payment out of the real estate education, research, and recovery fund 3962 JOURNAL OF THE SENATE of the amount unpaid upon the judgment, subject to the limitations stated in this Code section. The commission shall have the right to intervene in and object to such verified claim on the issue of whether or not the claim was in violation of this chapter or of the rules and regulations of the commission promulgated pursuant thereto. (3) The court shall proceed upon such application in a summary manner and, upon the hearing thereof, the aggrieved person shall be required to show that such person: (A) At the time of the cause of action, was not a spouse of the judgment debtor; or a parent, sibling, or child of the judgment debtor or the judgment debtor's spouse; or the personal representative of such person or persons; (B) Has complied with all the requirements of this Code section; (C) Has obtained a judgment, as set out in paragraph (2) of this subsection, stating the amount thereof and the amount owing thereon at the date of the application; and that, in such action, the aggrieved person had joined any and all bonding companies which issued corporate surety bonds to the judgment debtors as principals and all other necessary parties; (D) Has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment could be found or that the amount realized on the sale of them or of such of them as were found, under such execution, was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due to the judgment after application thereon of the amount realized; (E) Has caused the judgment debtor to make discovery under oath concerning the judgment debtor's property, in accordance with Chapter 11 of Title 9, the 'Georgia Civil Practice Act'; (F) Has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets liable to be sold or applied in satisfaction of the judgment; (G) Has discovered by such search no personal or real property or other assets liable to be sold or applied or that certain of them, being described, owned by the judgment debtor and liable to be so applied have been discovered and that the aggrieved person has taken all necessary action and proceedings for the realization thereof and that the amount thereby realized was insufficient to satisfy the judgment, stating the amount so realized and the balance remaining due on the judgment after application of the amount realized; and (H) Has applied the following items, if any, as recovered by the aggrieved person, to the actual or compensatory damages awarded by the court: (i) Any amount recovered from the judgment debtor or debtors; (ii) Any amount recovered from the bonding company or companies; or (iii) Any amount recovered in out-of-court settlements as to particular defendants. (4) Whenever the aggrieved person satisfies the court that it is not practical to comply with one or more of the requirements enumerated in subparagraphs (D), (E), (F), (G), and (H) of paragraph (3) of this subsection and that the aggrieved person has taken all TUESDAY, MARCH 27, 2012 3963 reasonable steps to collect the amount of the judgment or the unsatisfied part thereof and has been unable to collect the same, the court may, in its discretion, dispense with the necessity for complying with such requirements. (5) The court shall make an order directed to the commission requiring payment from the real estate education, research, and recovery fund of whatever sum it shall find to be payable upon the claim, pursuant to the provisions of and in accordance with the limitations contained in this Code section, if the court is satisfied, upon the hearing, of the truth of all matters required to be shown by the aggrieved person by paragraph (3) of this subsection and is satisfied that the aggrieved person has fully pursued and exhausted all remedies available to him or her for recovering the amount awarded by the judgment of the court. (6) Should the commission pay from the real estate education, research, and recovery fund any amount in settlement of a claim or toward satisfaction of a judgment against a licensee, the license of such licensee shall be automatically revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. If such license is that of a firm, the license of the qualifying broker of the firm shall automatically be revoked upon the issuance of a court order authorizing payment from the real estate education, research, and recovery fund. No such licensee shall be eligible to receive a new license until such licensee has repaid in full, plus interest at the judgment rate in accordance with Code Section 7-4-12, the amount paid from the real estate education, research, and recovery fund on such licensee's account. A discharge in bankruptcy shall not relieve a person from the penalties and disabilities provided in this subsection. (7) If, at any time, the money deposited in the real estate education, research, and recovery fund is insufficient to satisfy any duly authorized claim or portion thereof, the commission shall, when sufficient money has been deposited in the real estate education, research, and recovery fund, satisfy such unpaid claims or portions thereof in the order that such claims or portions thereof were originally filed, plus accumulated interest at the rate of 4 percent a year." SECTION 12. Said title is further amended by revising subsection (a) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows: "(a) In accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' whenever a license, a school approval, or an instructor approval has been obtained by false or fraudulent representation;, or whenever a licensee, an approved school, or an approved instructor has been found guilty of a violation of this chapter, or of the rules and regulations promulgated by the commission, or of any unfair trade practices, including, but not limited to, those listed in this Code section;, the commission shall have the power to take any one or more of the following actions: (1) Refuse to grant or renew a license to an applicant; 3964 JOURNAL OF THE SENATE (2) Administer a reprimand; (3) Suspend any license or approval for a definite period of time or for an indefinite period of time in connection with any condition that may be attached to the restoration of the license or approval; (4) Revoke any license or approval; (5) Revoke the license of a broker, qualifying broker, or associate broker and simultaneously issue such licensee a salesperson's license; (6) Impose on a licensee, applicant, approved school approval, or approved instructor approval monetary assessments in an amount necessary to reimburse the commission for the administrative, investigative, and legal costs and expenses incurred by the commission in conducting any proceeding authorized under this chapter or Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act'; (7) Impose a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations with fines for multiple violations limited to $5,000.00 in any one disciplinary proceeding or such other amount as the parties may agree; (8) Require completion of a course of study in real estate brokerage or instruction; (9) Require the filing of periodic reports by an independent accountant on a real estate broker's designated trust account; or (10) Limit or restrict any license or approval as the commission deems necessary for the protection of the public. Any action taken by the commission pursuant to this subsection may, at its discretion, be construed as a 'disciplinary sanction' or 'sanction' as such terms are used in this chapter." SECTION 13. Said title is further amended by revising subsection (c) of Code Section 43-40-25, relating to violations by licensees, schools, and instructors, sanctions, and unfair trade practices, as follows: "(c) When a licensee has previously been sanctioned by the commission or disciplined by any other state's real estate brokerage licensing authority, the commission may consider any such prior sanctions or disciplinary actions by another state's real estate brokerage licensing authority in determining the severity of a new sanction which may be imposed upon a finding that the licensee has committed an unfair trade practice, that the licensee has violated any provision of this chapter, or that the licensee has violated any of the rules and regulations of the commission. The failure of a licensee to comply with or to obey a final order of the commission may be cause for suspension or revocation of the individual's license after opportunity for a hearing." SECTION 14. Said title is further amended by revising Code Section 43-40-25.2, relating to alternative disciplinary procedures and citations, as follows: "43-40-25.2. (a) It is the intent of the General Assembly to provide the commission with a TUESDAY, MARCH 27, 2012 3965 disciplinary tool which is an alternative measures to use as alternatives to the sanctions provided for in subsection (a) of Code Section 43-40-25. The citation and letter of findings provided for in this Code section shall not be construed as a disciplinary sanction. (b) Whenever the evidence gathered in an investigation reveals an apparent violation of this chapter or of the rules and regulations promulgated by the commission or the apparent commission of any unfair trade practice by a licensee, the commission, in its discretion, may: (1) initiate Initiate the process for the imposition of sanctions, as provided for in subsection (a) of Code Section 43-40-25 and in accordance with the hearing procedures established for contested cases by Chapter 13 of Title 50, or; (2) issue Issue a citation to the licensee. Such citation, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices and inform the licensee of the opportunity to request a contested case hearing to be held in accordance with the procedures established for such hearings by Chapter 13 of Title 50. A citation issued by the commission may include an order to complete a course of study in real estate brokerage or instruction; to file periodic reports by an independent accountant on a real estate broker's designated trust account; or to pay a fine not to exceed $1,000.00 for each violation of this chapter or its rules and regulations, with fines for multiple violations limited to $5,000.00 in any one citation, or a combination of the above. If the licensee fails to request a hearing within 30 days of the date of service of the citation, the order contained in the citation shall be final. The failure of a licensee to comply with a final order contained in a citation may be cause for the imposition of a sanction on such person's license, after notice and opportunity for a hearing.; or (3) Issue a letter of findings to the licensee if the alleged violation appears to have done no harm to a third party or to the public. Such letter of findings, which shall be served personally or by mail, shall give notice to the licensee of the alleged violation or violations of this chapter or commission rules or alleged unfair trade practice or practices. A letter of findings shall be confidential and shall not appear on the license history of a licensee. A letter of findings shall not be subject to a subpoena in a civil action, shall not constitute a public record or be available for inspection by the public, and shall not be disclosed to any person or agency, except as provided in subsection (d) of Code Section 43-40-27. (c) The commission is authorized to promulgate rules and regulations to implement this Code section. Such rules may limit the provisions of this chapter and of its rules and regulations and unfair trade practices which may be the basis for the issuance of a citation or a letter of findings." On the motion, a roll call was taken and the vote was as follows: 3966 JOURNAL OF THE SENATE Y Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar E Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 46, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 365 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; 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 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, so as to provide for continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for TUESDAY, MARCH 27, 2012 3967 inactive licenses; to add mandatory reporting provisions for nurses; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 26 of Title 43 of the Official Code of Georgia Annotated, relating to nurses, is amended by revising Code Section 43-26-9, relating to the biennial renewal of licenses, voluntary surrender or failure to renew a license, and restoration and reissuance of a license, as follows: "43-26-9. (a) Licenses issued under this article shall be renewed biennially according to schedules and fees approved by the board. (b) A renewed license shall be issued to a registered professional nurse or licensed undergraduate nurse who remits the required fee and complies with requirements established by the board. (b.1) Beginning with the 2015 license renewal cycle, an applicant for license renewal shall also meet one of the following continuing competency requirements during the previous licensure period: (1) Completion of 30 continuing education hours by a board approved provider; (2) Maintenance of certification or recertification by a national certifying body recognized by the board; (3) Completion of an accredited academic program of study in nursing or a related field recognized by the board; (4) Verification of competency by a facility licensed under Title 31 or by a physician's office that is part of a health system and at least 500 hours practiced as evidenced by employer certification on a form approved by the board; or (5) Other activities as prescribed and approved by the board that show competency in the nursing field. Failure to meet the minimum continuing competency requirement for renewal of a license shall be grounds for denial of a renewal application. The board may waive or modify the continuing competency requirement stated by rule or regulation in cases of hardship, disability, illness, or under such other circumstances as the board, in its discretion, deems appropriate. (c) The voluntary surrender of a license or the failure to renew a license by the end of an established penalty period shall have the same effect as a revocation of said license, subject to reinstatement at the discretion of the board. The board may restore and reissue a license and, as a condition thereof, may impose any disciplinary sanction provided by Code Section 43-1-19 or 43-26-11 or Code Section 43-1-19." SECTION 2. Said chapter is further amended by adding a new Code section to read as follows: "43-26-9.1. 3968 JOURNAL OF THE SENATE (a) A person who notifies the board on forms prescribed thereby may elect to place his or her license on an inactive status and shall, subject to rules of the board, be excused from payment of renewal fees until he or she notifies the board of his or her desire to resume active status. (b) A person who has had his or her license on inactive status may have his or her license restored by submitting an application to the board on a form prescribed by the board and paying the required restoration fee. The board shall require evidence of competency to resume the practice of nursing as a registered professional nurse in order to restore the license to active status. (c) A registered professional nurse or advanced practice registered nurse whose license is on inactive status shall not practice nursing as a registered professional nurse or an advanced practice registered nurse in this state. (d) The board shall provide at least 180 days prior notice to a registered professional nurse or advanced practice registered nurse whose license will be in inactive status for a period of 60 months from the date the license was placed in inactive status to provide notice to such nurse that he or she may be subject to a requirement to complete a reinstatement program prior to restoration of his or her license. Such notice may be provided by electronic means or by United States mail to the last known e-mail or mailing address of such nurse." SECTION 3. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 3 43-26-50. As used in this article, the term: (1) 'Board' means the Georgia Board of Nursing, with respect to registered professional nurses, and the Georgia Board of Examiners of Licensed Practical Nurses, with respect to licensed practical nurses. (2) 'Nurse' means a registered professional nurse licensed pursuant to Article 1 of this chapter or a licensed practical nurse licensed pursuant to Article 2 of this chapter. 43-26-51. A nurse shall report names of subject individuals to the applicable board if the nurse has reasonable cause to believe that any other nurse has violated any of the grounds for discipline provided for in Code Section 43-26-53. A nurse need not duplicate a report if he or she has reasonable cause to believe that such report has been made to the applicable board. A licensed health care professional shall not be required to report a nurse to the board under this Code section as a result of professional knowledge obtained in the course of the health care professional-patient relationship when the nurse is the patient. TUESDAY, MARCH 27, 2012 3969 43-26-52. (a) Hospitals, nursing homes, temporary staffing agencies, and other employers of registered professional nurses, licensed practical nurses, or advanced practice registered nurses shall report to the applicable board, or ensure that such report has in fact been made to such board, the name of any licensee whose employment has been terminated or who has resigned in order to avoid termination for any reasons stipulated in Code Section 43-26-53. (b) A state agency that licenses, registers, or certifies a hospital, nursing home, home health agency, or other type of health care facility, or surveys one of these facilities or agencies, shall report to the applicable board when such state agency has evidence that a nurse has violated Code Section 43-26-53 or ensure that such a report has in fact been made to such board. (c) In the event a nurse enters a voluntary alternative to discipline program approved by the board, reporting to the applicable board shall not be required for such nurse by a person under this Code section. The applicable boards shall approve alternative to discipline programs for monitoring of nurses who agree to seek treatment for impairment by chemical dependency or mental illness that could lead to disciplinary action by the board. (d) The applicable board shall inform, in the manner such board determines appropriate, nurses, facilities, agencies, and other persons of their duty to report under this article. 43-26-53. (a) The following incidents shall be reported to the applicable board in the event any person is: (1) Practicing nursing as a registered professional nurse or a licensed practical nurse, without a valid, current license, except as otherwise permitted under Code Section 4326-12 or 43-26-41, as applicable; (2) Practicing nursing as a registered professional nurse or a licensed practical nurse under cover of any diploma, license, or record illegally or fraudulently obtained, signed, or issued; (3) Practicing nursing as a registered professional nurse or a licensed practical nurse during the time the license is suspended, revoked, surrendered, or administratively revoked for failure to renew; (4) Using any words, abbreviations, figures, letters, title, sign, card, or device implying that such person is a registered professional nurse, advanced practice registered nurse, or licensed practical nurse unless such person is duly licensed or recognized by the applicable board so to practice under the provisions of this chapter; (5) Fraudulently furnishing a license to practice nursing as a registered professional nurse or licensed practical nurse; (6) Knowingly aiding or abetting any person to violate this chapter; (7) While holding a license as a nurse, convicted of any felony, crime involving moral turpitude, or crime violating a federal or state law relating to controlled 3970 JOURNAL OF THE SENATE substances or dangerous drugs in the courts of this state, any other state, territory, or country, or in the courts of the United States, including but not limited to a plea of nolo contendere entered to the charge; or (8) While holding a license as a nurse, displaying or has displayed an inability to practice nursing as a registered professional nurse, licensed undergraduate nurse, or licensed practical nurse with reasonable skill and safety due to use of alcohol, drugs, narcotics, or chemicals. (b) Minor incidents, as defined by the applicable board, shall not be required to be reported pursuant to this article when the continuing practice by the subject nurse does not pose a risk of harm to a patient or others and can be addressed through corrective action by the nurse's employer. The applicable board shall adopt rules governing reporting of minor incidents. The applicable board may evaluate a complaint and determine that it is a minor incident under this Code section. 43-26-54. The applicable board may seek an order from a court of competent jurisdiction for a report from any of the parties stipulated in Code Section 43-26-51 if one is not forthcoming voluntarily. The applicable board may seek a citation for civil contempt if a court order for a report is not obeyed by any of the parties stipulated in Code Section 43-26-51. 43-26-55. (a) No nurse, hospital, nursing home, temporary staffing agency, employer, or other person required to report a nurse to the applicable board under this article, who, in good faith, either reports or fails to report, shall be subject to civil or criminal liability or discipline for unprofessional conduct for such action or inaction. (b) A physician or other licensed health care professional who, at the request of the applicable board, examines a nurse shall be immune from suit for damages by the nurse examined if the examining physician or examining health care professional conducted the examination and made findings or diagnoses in good faith." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 1st asked unanimous consent that the Senate disagree to the House substitute to SB 368. The consent was granted, and the Senate disagreed to the House substitute to SB 368. The following bill was taken up to consider House action thereto: TUESDAY, MARCH 27, 2012 3971 SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; 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 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; 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 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, is amended by revising Code Section 49-4A-11, relating to aiding escape, harboring, or hindering apprehension of juvenile under custody of the department, as follows: "49-4A-11. (a) Any person who shall knowingly aid, assist, or encourage any child or youth who has been committed to the department to escape or to attempt to escape its control or custody shall be guilty of a felony and, upon conviction thereof, shall be imprisoned punished by imprisonment for not less than one nor more than five years. (b) Any person who shall knowingly harbor or shelter any child or youth who has escaped the lawful custody or control of the department shall be guilty of a felony and, upon conviction thereof, shall be imprisoned punished by imprisonment for not less than one nor more than five years. (c) Any person who shall knowingly hinder the apprehension of any child under the lawful control or custody of the department who has been placed by the department in one of its institutions or facilities and who has escaped therefrom or who has been placed under supervision and is alleged to have broken the conditions thereof shall be guilty of a felony and, upon conviction thereof, shall be imprisoned punished by imprisonment for not less than one nor more than five years. 3972 JOURNAL OF THE SENATE (d) Any person who shall knowingly provide to any child under the lawful control or custody of the department a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel without the consent of the director of the institution providing care and supervision to the child shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years. (e) Any child who shall knowingly possess a gun, pistol, or any other weapon, any intoxicating liquor, any controlled substance listed in Code Section 16-13-27 as a Schedule III controlled substance, listed in Code Section 16-13-28 as a Schedule IV controlled substance, or listed in Code Section 16-13-29 as a Schedule V controlled substance, or an immediate precursor of any such controlled substance, or any dangerous drug as defined by Code Section 16-13-71, regardless of the amount, or any other harmful, hazardous, or illegal article or item which may be injurious to department personnel given to said child in violation of subsection (d) of this Code section while under the lawful custody or control of the department shall cause the department to file a delinquency petition in the court having jurisdiction; provided, however, if such person is 17 or older and is under the lawful custody or control of the department, such person shall be guilty of a felony and, upon conviction thereof, shall be imprisoned for not less than one nor more than five years." SECTION 2. Said chapter is further amended by adding new Code sections to read as follows: "49-4A-15. Guard lines shall be established by the commissioner or his or her designated representative in charge at the various juvenile detention centers and youth development centers in the same manner that land lines are established, except that, at each corner of the lines, signs must be used on which shall be plainly stamped or written: 'Guard line of ________.' Signs shall also be placed at all entrances and exits for vehicles and pedestrians at the institutions and at such intervals along the guard lines as will reasonably place all persons approaching the guard lines on notice of the location of the institutions. 49-4A-16. (a) As used in this Code section, the term 'guard lines' means the lines established pursuant to Code Section 49-4A-15. (b) It shall be unlawful for any person to cause to be introduced across guard lines or to come inside such guard lines with: (1) A gun, pistol, knife, or any other weapon or a bullet, ammunition, or explosive TUESDAY, MARCH 27, 2012 3973 device; or (2) Any intoxicating liquor, amphetamines, marijuana, or any other hallucinogenic or other drugs. (c) The provisions of this Code section shall not apply when the commissioner or director of the juvenile detention center or youth development center has provided authorization for the introduction of the items listed in subsection (b) of this Code section into such center. (d) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years. 49-4A-17. (a)(1) Without the knowledge and consent of the commissioner or the director in charge of any juvenile detention center or youth development center, it shall be unlawful for any person to take into or cause to be introduced into such center any item which such person has been directed not to take into such center: (A) Verbally by a staff member of such center; (B) In writing by a staff member of such center; or (C) As directed by the rules, regulations, or policies of such center. (2) Any item taken into a center in violation of this subsection shall be deemed contraband and shall be subject to being confiscated and retained as property of the department. (3) Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years. (b) It shall be unlawful for any person to trade or traffic with, buy from, or sell any article to a youth assigned to a juvenile detention center or youth development center without the knowledge and consent of the commissioner or the director in charge of such center. Any person who violates this subsection shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years. 49-4A-18. (a) As used in this Code section, the term: (1) 'Director' means the commissioner or any director of a juvenile detention center or his or her designee, or any other person who is responsible for the overall management and operation of a center. (2) 'Juvenile detention center' means a regional youth detention center or youth development center operated by or on behalf of the department. (3) 'Telecommunications device' means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person outside a place of incarceration, including, but not limited to, a telephone, cellular telephone, personal digital assistant, transmitting 3974 JOURNAL OF THE SENATE radio, or computer connected or capable of being connected to a computer network, by wireless or other technology, or otherwise capable of communicating with a person or device outside of a place of incarceration. (4) 'Youth' means an offender assigned to a juvenile detention center. (b) Without the authorization of the director, it shall be unlawful for any person to obtain for, to procure for, or to give to a youth a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item. (c) Without the authorization of the director, it shall be unlawful for a youth to possess a gun, pistol, knife, or any other weapon; a bullet, ammunition, or any other explosive device; tobacco products; intoxicating liquor; marijuana, amphetamines, or any other hallucinogenic drugs or other drugs, regardless of the amount; any telecommunications device; or any other article or item. (d) Any person who violates this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one year nor more than four years." SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Grant of the 25th moved that the Senate agree to the House substitute to SB 366 as amended by the following amendment: Amend the House Committee on Judiciary, Non-civil substitute to SB 366 (LC 29 5263S) by revising lines 1 and 2 as follows: To amend Code Section 15-11-66 and Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children and the Department of Juvenile Justice, respectively, so as to change provisions relating to detention of juveniles; to revise restrictions regarding possession of By inserting between lines 6 and 7 the following: Code Section 15-11-66 of the Official Code of Georgia Annotated, relating to the disposition of delinquent children, is amended by revising subparagraph (b)(2)(B) as follows: "(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, 2013, the maximum number of days that the court may order a TUESDAY, MARCH 27, 2012 3975 child to serve in a youth development center under this paragraph shall be increased to 60 days." SECTION 1A. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar E Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 366 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 3976 JOURNAL OF THE SENATE 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; to provide for a penalty; 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 criminal offenses, is amended by adding a new Code section to read as follows: "16-10-26.1. (a) As used in this Code section, the term 'serious violent felony' shall have the same meaning as set forth in Code Section 17-10-6.1. (b) A person who knowingly and intentionally transmits a false claim by means of a written, electronic, or other transmission, through any medium, stating that he or she has committed a serious violent felony and the false claim is made with the intent to cause a law enforcement agency or official to initiate an investigation to determine whether such serious violent felony has been committed by such person shall be guilty of the misdemeanor offense of transmitting a false report of a crime." SECTION 2. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Gooch of the 51st asked unanimous consent that the Senate disagree to the House substitute to SB 225. The consent was granted, and the Senate disagreed to the House substitute to SB 225. The following bill was taken up to consider House action thereto: SB 380. By Senators Carter of the 1st, Bethel of the 54th and Ligon, Jr. of the 3rd: A BILL to be entitled an Act to amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to TUESDAY, MARCH 27, 2012 3977 provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacist and pharmacies, so as to provide for a change to the definition of security paper; to provide for certain revisions to the powers, duties, and authority of the state board of pharmacy; to authorize the Georgia Drugs and Narcotics Agency to accept certain funds; to provide for a definition of valid prescription orders; to remove certain requirements for vendors and seals of approval; to amend Code Section 16-13-59, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription and compliance, so as to provide a definition relating to dispensers located outside this state that deliver dangerous drugs into this state; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 26 of the Official Code of Georgia Annotated, relating to pharmacists and pharmacies, is amended by revising paragraph (38.5) of Code Section 26-4-5, relating to the definition of security paper, as follows: "(38.5) 'Security paper' means: (A) A a prescription pad or paper that has been approved by the board for use and contains the following characteristics: (A)(i) One or more industry recognized features designed to prevent unauthorized copying of a completed or blank prescription form; (B)(ii) One or more industry recognized features designed to prevent the erasure or modification of information written on the prescription form by the practitioner; and (C)(iii) One or more industry recognized features designed to prevent the use of counterfeit prescription forms. Where security paper is in the form of a prescription pad, each pad shall bear an identifying lot number, and each piece of paper in the pad shall be numbered 3978 JOURNAL OF THE SENATE sequentially beginning with the number one; or (B) A prescription pad or paper that has been approved by the Centers for Medicare and Medicaid Services." SECTION 2. Said chapter is further amended by adding a new paragraph to subsection (a) of Code Section 26-4-28, relating to the power, duty, and authority of the Georgia State Board of Pharmacy over the licensure and regulation of pharmacies and pharmacy interns, to read as follows: "(6.1)(A) The registration of any pharmacy or facility, other than one owned by or operated by an entity licensed or registered under Title 33, which is located outside this state which ships, mails, or delivers, in any manner, a dispensed dangerous drug or controlled substance, or medical device medicinal into this state by issuing a nonresident pharmacy or a nonresident device distributor permit. The board may only deny a registration for good cause related to substantial evidence of misfeasance or malfeasance by an applicant. A firms registered with the board and which has been issued a nonresident pharmacy or nonresident device distributor permit shall provide pharmacy and medical device services to the residents of this state in a manner which does not endanger life and protects the health, safety, and welfare of these residents and shall disclose to the board the following specific information: (i) That it maintains at all times and provides proof of a valid unexpired license, permit, or registration to operate a pharmacy and a device distributor in compliance with the laws and rules of the state in which the facility is located where it receives prescription drug orders or medical device orders and from which it dispenses dangerous drugs and controlled substances or medical devices; (ii) The location, names, and titles of all principal corporate officers and the pharmacist who serves as the pharmacist in charge for dispensing all drugs or the person responsible for dispensing medical devices to residents of this state. This disclosure shall be made within ten days after any change of such corporate officer or pharmacist serving as the pharmacist in charge for dispensing all drugs or the person responsible for dispensing medical devices to residents of this state; (iii) When it changes the location of its registered location, it must file a change of location application with the board and submit a copy of its new state and United States Drug Enforcement Administration registration for the new location; (iv) That it complies with all lawful directions and requests for information from the regulatory or licensing agency of all states in which it is licensed as well as with all requests for information made by the board pursuant to this Code section. It shall respond directly within ten days to all communications from the board concerning emergency circumstances arising from errors in the dispensing of all drugs or medical devices to the residents of this state; (v) That each pharmacy or medical device distributor location notifies the board in writing of the location at which it maintains its records for all prescription drug TUESDAY, MARCH 27, 2012 3979 or medical device orders dispensed to patients in this state so that the records are readily retrievable from the other business records of the pharmacy; and (vi) That during its regular hours of operation but not less than six days per week, for a minimum of 60 hours per week, a toll-free telephone service shall be provided to facilitate communication between patients in this state and a pharmacist at the pharmacy or person at the medical device distributor who has access to the patient's records. This toll-free number must be disclosed on the label affixed to each container of all dispensed drugs. (B) Applications for a nonresident pharmacy or medical device distributor permit under this Code section shall be made on a written or electronic form made available by the board. The board may require such information as the board deems reasonably necessary to carry out a background investigation to ensure the purposes of this Code section will be met by the applicant. (C) The registration fee and the biennial renewal fee for a permit shall be set by board rule. (D) The board may deny, revoke, or suspend registration of, or fine or reprimand, a nonresident pharmacy or medical device distributor for failure to comply with rules of the board or with any requirement of this Code section in accordance with the provisions of this chapter. (E) In addition to the prohibitions of subparagraph (D) of this Code section, the board may deny, revoke, sanction, or suspend the registration of, or fine or reprimand, a nonresident pharmacy or medical device distributor in accordance with the provisions of this chapter for conduct which causes serious bodily injury or serious psychological injury to a resident of this state if the board has referred the matter to the regulatory or licensing agency in the state in which the pharmacy medical device distributor is located and the regulatory or licensing agency fails to investigate the matter within 180 days of the referral. (F) After the effective date set by the board for all nonresident pharmacies and medical device distributors to hold a registration in this state, it shall be unlawful for any nonresident pharmacy or medical device distributor which is not registered pursuant to this Code section to advertise its services in this state, or for any person who is a resident of this state to advertise the services of a nonresident pharmacy or medical device distributor which has not registered with the board, with the knowledge that the advertisement will or is likely to induce members of the public in this state to use the pharmacy or medical device distributor to fill prescriptions. (G) Notwithstanding the rules of the board, for purposes of this Code section, the nonresident pharmacy and the pharmacist designated as the pharmacist in charge of the nonresident pharmacy or the equivalent must be licensed in his or her state of location in order for a nonresident pharmacy to dispense into this state. (H) Such registration shall only be enabled when legislation amends Code Section 26-4-60 enabling a person or pharmacy regulated by the board to regularly employ the mails or other common carriers to sell, distribute, or deliver a drug which requires a prescription drug order directly to a patient. 3980 JOURNAL OF THE SENATE (I) Nothing in this paragraph shall be construed to limit or prohibit interstate commerce, including but not limited to the practice of pharmacy by mail." SECTION 3. Said chapter is further amended by adding a new subsection to Code Section 26-4-29, relating to the Georgia Drugs and Narcotics Agency continuance, appointment, requirements, duties of director, power to make arrests, report of violations of drug laws, and dangerous drug list, to read as follows: "(f) The Georgia Drugs and Narcotics Agency is authorized to accept donations, contributions, grants, or bequests of funds or property, including funds or property from the disposition of forfeited property for purposes of operating the prescription drug monitoring program established pursuant to Part 2 of Article 2 of Chapter 13 of Title 16, and the agency shall submit an annual report to the appropriate chairperson of the Appropriations Committees of the House of Representatives and Senate regarding the use of funds and property received pursuant to this subsection." SECTION 4. Said chapter is further amended by revising subsection (b) of Code Section 26-4-80, dispensing of valid prescription drug orders, as follows: "(b) Prescription drugs shall be dispensed only pursuant to a valid prescription drug order. A pharmacist shall not dispense a prescription which the pharmacist knows or should know is not a valid prescription. As used in this subsection, the term 'valid prescription drug order' means a prescription drug order issued by a physician, dentist, podiatrist, veterinarian, or other person licensed, registered, or otherwise authorized under the laws of this state, or any other state or territory of the United States, to prescribe dangerous drugs and controlled substances." SECTION 5. Said chapter is further amended by revising Code Section 26-4-80.1, relating to use of security paper for hard copy prescription drug orders, as follows: "26-4-80.1. (a) Effective October 1, 2011, every hard copy prescription drug order for any Schedule II controlled substance written in this state by a practitioner must be written on security paper. (b) A pharmacist shall not fill a hard copy prescription drug order for any Schedule II controlled substance from a practitioner unless it is written on security paper, except that a pharmacist may provide emergency supplies in accordance with the board and other insurance contract requirements. (c) If a hard copy of an electronic data prescription drug order for any Schedule II controlled substance is given directly to the patient, the manually signed hard copy prescription drug order must be on approved security paper approved by the board that meets the requirements of subparagraph (A) of paragraph (38.5) of Code Section 26-4-5 or security paper that meets the requirements of subparagraph (B) of paragraph (38.5) TUESDAY, MARCH 27, 2012 3981 of Code Section 26-4-5. (d) Practitioners shall employ reasonable safeguards to assure against theft or unauthorized use of security paper and shall promptly report to appropriate authorities any theft or unauthorized use. (e) All vendors shall have their security paper approved by the board prior to marketing or sale in this state. (f)(e) The board shall create a seal of approval that confirms that security paper contains all three industry recognized characteristics required by subparagraph (A) of paragraph (38.5) of Code Section 26-4-5. The seal shall be affixed to all security paper used in this state; provided, however, that security paper which meets the requirements of subparagraph (B) of paragraph (38.5) of Code Section 26-4-5 shall not be required to have such affixed seal. (g)(f) The board may adopt rules necessary for the administration of this Code section. (h)(g) The security paper requirements in this Code section shall not apply to: (1) Prescriptions that are transmitted to the pharmacy by telephone, facsimile, or electronic means; or (2) Prescriptions written for inpatients of a hospital, outpatients of a hospital, residents of a nursing home, inpatients or residents of a mental health facility, or individuals incarcerated in a local, state, or federal correctional facility when the health care practitioner authorized to write prescriptions writes the order into the patient's medical or clinical record, the order is given directly to the pharmacy, and the patient never has the opportunity to handle the written order." SECTION 6. Code Section 16-13-59 of the Official Code of Georgia Annotated, relating to information to include for each Schedule II, III, IV, or V controlled substance prescription and compliance, is amended by adding a new subsection to read as follows: "(g) For purposes of this Code section, the term 'dispenser' shall also include any pharmacy or facility which is located outside this state and which ships, mails, or delivers, in any manner, a dispensed dangerous drug or controlled substance into this state." SECTION 7. This Act shall become effective on July 1, 2012. SECTION 8. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 1st asked unanimous consent that the Senate disagree to the House substitute to SB 380. The consent was granted, and the Senate disagreed to the House substitute to SB 380. 3982 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others: 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 tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 2 of Article 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 that retailers may under certain circumstances advertise that the retailer will pay the purchaser's sales and use tax on a transaction; to amend Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; 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 8 of Title 48 of the Official Code of Georgia Annotated, relating to imposition, rate, collection, and assessment of sales and use taxes, is amended by revising Code Section 48-8-36, relating to prohibition of advertising by dealer of his or her assumption of payment of tax, as follows: "48-8-36. No person engaged in making retail sales shall advertise or represent to the public in any manner directly or indirectly that he or she will absorb all or any part of the tax or that he or she will relieve the purchaser of the payment of all or any part of the tax imposed by this article unless: (1) The retailer includes in the advertisement that any portion of the tax not paid by the purchaser will be remitted on behalf of the purchaser by the retailer; and (2) The retailer furnishes the purchaser with written evidence that the retailer will be liable for and pay any tax the purchaser was relieved from paying under this Code section. TUESDAY, MARCH 27, 2012 3983 If a retailer advertises that any portion of the tax not paid by the purchaser will be remitted on the purchaser's behalf by the retailer, the retailer shall be solely liable for and shall pay that portion of the tax. If a dealer or retailer complies with the provisions of this Code section and pays the absorbed tax over to the commissioner as provided by law, the dealer or retailer shall be deemed to have complied with the provisions of this article requiring collection of the tax from the purchaser or consumer." SECTION 2. Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to county sales and use tax, is amended by revising Code Section 48-8-122, relating to record of projects on which tax proceeds are used and annual reporting and newspaper publication of report, as follows: "48-8-122. The governing authority of the county and the governing authority of each municipality receiving any proceeds from the tax under this part or under Article 4 of this chapter shall maintain a record of each and every project for which the proceeds of the tax are used. Not later than December 31 of each year, the governing authority of each local government receiving any proceeds from the tax under this part shall publish annually, in a newspaper of general circulation in the boundaries of such local government and in a prominent location on the local government website, if such local government maintains a website, a simple, nontechnical report which shows for each project or 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, any excess proceeds which have not been expended for a project or purpose, estimated completion date, and the actual completion cost of a project completed during the current year. In the case of road, street, and bridge purposes, such information shall be in the form of a consolidated schedule of the total original estimated cost, the total current estimated cost if it is not the original estimated cost, and the total amounts expended in prior years and the current year for all such projects and not a separate enumeration of such information with respect to each such individual road, street, or bridge project. The report shall also include a statement of what corrective action the local government intends 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 or purpose." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "48-8-124. The superior courts of this state shall have jurisdiction to enforce compliance with the provisions of this part, including the power to grant injunctions or other equitable relief. In addition to any action that may be brought by any person or entity, the Attorney General shall have authority to bring enforcement actions, either civil or criminal, in his 3984 JOURNAL OF THE SENATE or her discretion as may be appropriate to enforce compliance with this part." SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Ligon, Jr. of the 3rd moved that the Senate agree to the House substitute to SB 332 as amended by the following amendment: Amend the House substitute to SB 332 (LC 34 3500S) by adding after "General;" on line 8 the following: to amend Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to a local excise tax on energy used in manufacturing, to provide for certain procedures to be used to implement a local excise tax on energy; to provide for effective dates; By adding between lines 65 and 66 the following: SECTION 4. Article 6 of Chapter 13 of Title 48 of the Official Code of Georgia Annotated, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to a local excise tax on energy used in manufacturing, is amended by revising Code Section 48-13-115, relating to the implementation of the excise tax, as follows: "48-13-115. (a)(1) Within 30 days following the meeting required under Code Section 48-13-113, if the governing authority of the county within the special district fails or refuses to enter into an intergovernmental agreement with the governing authority of each municipality wishing to participate in such excise tax, then the governing authority of each municipality wishing to levy the excise tax shall be authorized to adopt an ordinance levying the excise tax within the corporate limits of such municipality. If a county elects not to participate in such excise tax by not signing such agreement, then the county shall not receive any proceeds from the excise tax. The proceeds of such excise tax shall be deposited in the general fund of each municipality. (2) If, subsequent to the levy of an excise tax by a municipality under paragraph (1) of this subsection, a county determines to commence proceedings for the imposition of the excise tax under this article, then proceedings for such imposition shall commence in the same manner as otherwise provided under Code Section 48-13-113. Except as to a municipality that levies a water and sewer projects and costs tax pursuant to Article 4 of Chapter 8 of this title, if a county complies with the requirements of this article and enacts an ordinance imposing the excise tax, the excise tax levied by such municipality shall cease on the day immediately prior to the day the new tax levied by the county commences. If such municipality elects not to participate, its current excise tax under this article shall terminate on the date the county's tax levy becomes effective, and it shall not receive any proceeds under the TUESDAY, MARCH 27, 2012 3985 county levy. (b)(1) If a municipality located within a special district where the excise tax is imposed by the county is not participating in such excise tax and is not receiving proceeds of that excise tax, the governing authority of that nonparticipating municipality may give written notice to the governing authority of the county and the governing authority of each participating municipality within the special district of its decision to opt in to the existing intergovernmental agreement. Within 60 days of the date of such notice, an amended intergovernmental agreement shall be executed by the governing authority of the municipality exercising such opt in and the governing authorities of the county and each currently participating municipality. (2) Notwithstanding the provisions of paragraph (1) of subsection (a) of Code Section 48-13-116, when an amended intergovernmental agreement is executed pursuant to paragraph (1) of this subsection, the revised distribution of proceeds thereunder shall not become effective until the first day of the first month which is at least 12 months after the execution of such amended intergovernmental agreement. The distribution of proceeds of the excise tax shall continue under the prior intergovernmental agreement until the date provided for in this paragraph. (c) Any county that desires to have an excise tax under this article levied county wide within the special district commencing January 1, 2013, shall deliver the written notice pursuant to Code Section 48-13-113 no later than September 1, 2012." SECTION 5. Said article is further amended by revising Code Section 48-13-116, as enacted by Section 5-4 of HB 386 in the 2012 regular session of the General Assembly, relating to procedures and limitations on the local excise tax on energy, as follows: "48-13-116. (a)(1) Except as otherwise provided in Code Section 48-13-115, an excise tax imposed under this article shall become effective on the first day of the next succeeding month following adoption of the ordinance unless otherwise specified in the intergovernmental agreement required by subsection (a) of Code Section 48-13114, except that no such tax shall be imposed prior to January 1, 2013. (2) If services are regularly billed on a monthly basis, however, the excise tax shall become effective with respect to and the tax shall apply to services billed on or after the effective date specified in paragraph (1) of this subsection. (b) The excise tax shall cease to be imposed on the first day of the next succeeding calendar quarter which begins more than 80 days after the adoption date of an ordinance terminating the excise tax. (c) At no time shall more than a single 2 percent excise tax under this article be imposed within a special district or a municipality, except that in the event a municipality levies a water and sewer projects and costs tax pursuant to Article 4 of Chapter 8 of this title, a single 3 percent excise tax may be imposed within such municipality. (d) Following the termination of an excise tax under this article, the governing 3986 JOURNAL OF THE SENATE authority of a county within a special district or the mayor or chief elected official of a municipality in the special district in which an excise tax authorized by this article is in effect may initiate proceedings for the reimposition of a tax under this article in the same manner as provided in this article for the initial imposition of such tax." SECTION 6. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012. (b) Sections 4 and 5 of this Act shall become effective on January 1, 2013. By redesignating Section 4 on line 66 as Section 7. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar E Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 332 as amended by the Senate. Senator Rogers of the 21st moved that the Senate adjourn until 10:00 a.m. Thursday, March 29, 2012. The motion prevailed, and the President announced the Senate adjourned at 9:59 p.m. THURSDAY, MARCH 29, 2012 3987 Senate Chamber, Atlanta, Georgia Thursday, March 29, 2012 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 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 879. By Representatives Ramsey of the 72nd, Cooper of the 41st, Watson of the 163rd, Coleman of the 97th, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Part 3 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to student health in elementary and secondary education, so as to provide for the care of students with diabetes in school; to provide for legislative findings; to provide for definitions; to provide for the training of designated school personnel; to provide for the submission of a diabetes medical management plan by parents or guardians for a student; to delineate the functions that may be performed by school nurses or trained diabetes personnel; to authorize a student to perform independent monitoring and treatment; to provide for immunity from civil liability; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 898. By Representatives Ehrhart of the 36th, Morris of the 155th and Harden of the 28th: A BILL to be entitled an Act to amend Title 7 of the Official Code of Georgia Annotated, relating to banking and finance, so as to enact the "Georgia Merchant Acquirer Limited Purpose Bank Act"; to provide for definitions; to provide for organization and control of merchant acquirer 3988 JOURNAL OF THE SENATE limited purpose banks; to provide for the promulgation of rules and regulations; to prohibit certain fees; to provide for requirements for articles of incorporation by merchant acquirer limited purpose banks; to provide for minimum requirements to operate as a merchant acquirer limited purpose bank; to provide for permissible activities of a merchant acquirer limited purpose bank; to provide for enforcement of rules and regulations; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1027. By Representatives Stephens of the 164th, Parrish of the 156th, Carter of the 175th, Hatchett of the 143rd and Dollar of the 45th: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to change certain provisions relating to the tax credit for film or video production in Georgia; to change certain provisions relating to the exemptions from sales and use tax for film producers and film production companies; 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 963. By Representatives Randall of the 138th, Beverly of the 139th, Peake of the 137th, Epps of the 140th and Holmes of the 125th: A BILL to be entitled an Act to amend an Act establishing the Board of Public Education for Bibb County, approved August 23, 1872 (Ga. L. 1872, p. 388), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; 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 1204. By Representatives Coleman of the 97th and Rice of the 51st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Duluth, Georgia, approved March 25, 1958 (Ga. L. 1958, p. 3148), as amended, particularly by an Act approved June 3, 2003 (Ga. L. 2003, p. 4048), so as to change the corporate limits of the city; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 3989 HB 1236. By Representatives Marin of the 96th and Rice of the 51st: A BILL to be entitled an Act to amend an Act creating a new charter for the City of Norcross, Georgia, approved March 28, 1990 (Ga. L. 1990, p. 4934), as amended, particularly by an Act approved April 13, 2001 (Ga. L. 2001, p. 3729), and an Act approved May 6, 2005 (Ga. L. 2005, p. 3876), so as to change the corporate limits of the City of Norcross; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 1041. By Representatives Battles of the 15th and Coomer of the 14th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 480. 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 May 17, 2004 (Ga. L. 2004, p. 3804), so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for the continuance in office of current members; to provide for the submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. SB 481. By Senator Jackson of the 2nd: 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, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4166), so as to change the description of the 3990 SB 527. SB 528. SB 529. SB 530. JOURNAL OF THE SENATE education districts; to provide for definitions and inclusions; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend an Act to provide for the election of members of the board of education of Turner County, approved March 28, 1964 (Ga. L. 1964, p. 4862), as amended, particularly by an Act approved May 1, 2002 (Ga. L. 2002, p. 5349), so as to change the description of the education districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend an Act creating a board of commissioners of Turner County, approved August 18, 1927 (Ga. L. 1927, p. 702), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4992), so as to change the description of the commissioner districts; to define certain terms and provide for certain inclusions; to provide for continuation in office of current members; to provide for related matters; to provide for the submission of this Act for preclearance under Section 5 of the federal Voting Rights Act of 1965, as amended; to provide effective dates; to repeal conflicting laws; and for other purposes. By Senator Rogers of the 21st: A BILL to be entitled an Act to provide for expanded powers and duties of the Cherokee County Development Authority; to provide a statement of authority; to provide that such authority may acquire structures for use as an office, a warehouse, a regional commercial development, or a research and development facility; to repeal conflicting laws; and for other purposes. By Senator Jeffares of the 17th: A BILL to be entitled an Act to provide a new charter for the City of Mansfield; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, THURSDAY, MARCH 29, 2012 3991 authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative to members of such governing authority; to provide for definitions and construction; to provide for other matters relative to the foregoing; to provide for an effective date; to repeal a specific Act; to repeal conflicting laws; and for other purposes. SB 532. By Senators Millar of the 40th, Carter of the 42nd, Thompson of the 5th and Ramsey, Sr. of the 43rd: A BILL to be entitled an Act to amend an Act reincorporating the City of Doraville in the County of DeKalb, approved October 13, 1971 (Ga. L. 1971, Ex. Sess., p. 2154), as amended, so as to change the corporate limits; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. SB 534. By Senator Jeffares of the 17th: A BILL to be entitled an Act to amend an Act incorporating the City of McDonough, approved April 16, 1981 (Ga. L. 1981, p. 3387), as amended, so as 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 other matters relative to the foregoing; 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 537. By Senator Jeffares of the 17th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 3992 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 614 HB 616 HB 998 HB 1256 HB 1281 HB 1290 HB 1299 HB 1304 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass HB 615 HB 617 HB 999 HB 1275 HB 1289 HB 1291 HB 1300 Do Pass Do Pass Do Pass Do Pass Do Pass Do Pass as amended Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman The following Senators were excused for business outside the Senate Chamber: Hill of the 4th Tolleson of the 20th Senator Albers of the 56th asked unanimous consent that Senator Tippins of the 37th be excused. The consent was granted, and Senator Tippins was excused. Senator Bethel of the 54th asked unanimous consent that Senator Golden of the 8th be excused. The consent was granted, and Senator Golden was excused. Senator Hooks of the 14th asked unanimous consent that Senator Thompson of the 33rd be excused. The consent was granted, and Senator Thompson was excused. Senator Bethel of the 54th asked unanimous consent that Senator Mullis of the 53rd be excused. The consent was granted, and Senator Mullis was excused. The roll was called and the following Senators answered to their names: Albers Balfour Bethel Bulloch Carter, J Hamrick Harbison Hill, Judson Hooks Jackson, L Rogers Seay Shafer Staton Stone THURSDAY, MARCH 29, 2012 3993 Cowsert Crane Ginn Goggans Gooch Grant Jeffares Ligon Loudermilk McKoon Millar Murphy Not answering were Senators: Butler Crosby Fort Henson James Mullis (Excused) Ramsey Tippins (Excused) Carter, B. Davenport Golden (Excused) Hill, Jack (Excused) Jones Orrock Sims Tolleson (Excused) Stoner Tate Thompson, C Unterman Wilkinson Williams Chance Davis Heath Jackson, B. Miller Paris 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: James Paris Jones Davenport The members pledged allegiance to the flag of the United States of America and to the flag of Georgia. Senator McKoon of the 29th introduced the chaplain of the day, Chaplain Paul Voorhees of Columbus, Georgia, who offered scripture reading and prayer. Senator Hill of the 4th recognized Mr. Russell Hinton and wished him happiness in retirement, commended by SR 1287, adopted previously. Mr. Russell Hinton addressed the Senate briefly. Senator Stoner of the 6th asked unanimous consent to move Points of Personal Privilege to the next order of business. Senator Williams of the 19th objected and the order of business was not changed. The following resolution was read and adopted: SR 1312. By Senators Hill of the 4th, Hooks of the 14th, Rogers of the 21st and Williams of the 19th: A RESOLUTION recognizing and commending Mrs. Angela W. Touhy; and for other purposes. 3994 JOURNAL OF THE SENATE Senator Hill of the 4th recognized Mrs. Angela W. Touhy, commended by SR 1312. Mrs. Angela W. Touhy addressed the Senate briefly. The following resolutions were read and adopted: SR 1293. By Senators Davenport of the 44th, Tate of the 38th, Seay of the 34th, James of the 35th, Fort of the 39th and others: A RESOLUTION recognizing and commending Mrs. Edna Louise Snyder on the occasion of her retirement; and for other purposes. SR 1294. By Senators Davenport of the 44th, Tate of the 38th, Seay of the 34th, James of the 35th, Fort of the 39th and others: A RESOLUTION recognizing and commending Ms. Vickey Holcombe on the occasion of her retirement; and for other purposes. SR 1295. By Senators Davenport of the 44th, Tate of the 38th, Seay of the 34th, James of the 35th, Fort of the 39th and others: A RESOLUTION recognizing and commending Mrs. Sally Rebecca Wentz on the occasion of her retirement; and for other purposes SR 1296. By Senator McKoon of the 29th: A RESOLUTION recognizing and commending Julianna Russell; and for other purposes. SR 1297. By Senator McKoon of the 29th: A RESOLUTION honoring the life and memory of Judge John Henry Land; and for other purposes. SR 1298. By Senator McKoon of the 29th: A RESOLUTION honoring the life and memory of Mr. William Nolan Murrah, Jr.; and for other purposes. SR 1299. By Senator McKoon of the 29th: A RESOLUTION honoring the life and memory of Mr. Sam Rawls; and for other purposes. THURSDAY, MARCH 29, 2012 3995 SR 1300. By Senators Ligon, Jr. of the 3rd and Carter of the 1st: A RESOLUTION recognizing and commending MAP International; and for other purposes. SR 1301. By Senators Tolleson of the 20th, Thompson of the 5th, Unterman of the 45th, Henson of the 41st, Mullis of the 53rd and others: A RESOLUTION recognizing and commending the 2012 Senate administrative assistants on their exemplary service; and for other purposes. SR 1302. By Senator Grant of the 25th: A RESOLUTION recognizing and commending Kevin Michael Sweat; and for other purposes. SR 1303. By Senator Bulloch of the 11th: A RESOLUTION recognizing and congratulating Mr. Bradford R. Borum and Mrs. Shannon Lee Wallace on the occasion of their marriage; and for other purposes. SR 1304. By Senators McKoon of the 29th, Orrock of the 36th, Shafer of the 48th, Bethel of the 54th, Albers of the 56th and others: A RESOLUTION commending Georgia's political bloggers for their continued, consistent, and constant role in promoting openness, transparency, and accountability in government at every level and recognizing March 29, 2012, as Blogger Day at the capitol; and for other purposes. SR 1305. By Senators Jackson of the 2nd and Carter of the 1st: A RESOLUTION congratulating the Bethesda Academy boys basketball team on winning the 2012 GISA Class AAA State Championship; and for other purposes. SR 1306. By Senators Hamrick of the 30th, Golden of the 8th, Mullis of the 53rd, Miller of the 49th, Tolleson of the 20th and others: A RESOLUTION recognizing and commending The American Legion on the occasion of its 93rd birthday; and for other purposes. 3996 JOURNAL OF THE SENATE SR 1307. By Senators Hamrick of the 30th, Golden of the 8th, Mullis of the 53rd, Miller of the 49th, Tolleson of the 20th and others: A RESOLUTION celebrating the birth of Rylan Charles Adams; and for other purposes. SR 1308. By Senators James of the 35th, Orrock of the 36th, Davenport of the 44th and Tate of the 38th: A RESOLUTION recognizing and commending Reverend Tommy Orok on the occasion of his pastoral anniversary; and for other purposes. SR 1309. By Senator Unterman of the 45th: A RESOLUTION recognizing and commending Captain Harry "Ken" Wilson; and for other purposes. SR 1310. By Senators Loudermilk of the 52nd, Hill of the 32nd and Heath of the 31st: A RESOLUTION recognizing and commending Lieutenant Colonel Shirley Arnold; and for other purposes. SR 1311. By Senators Bulloch of the 11th, Hill of the 4th, Balfour of the 9th, Williams of the 19th and Rogers of the 21st: A RESOLUTION recognizing the Georgia Food Industry Association on its centennial anniversary; and for other purposes. SR 1313. By Senator Jackson of the 24th: A RESOLUTION recognizing White County High School's Warrior Television Network; and for other purposes. SR 1314. By Senator Fort of the 39th: A RESOLUTION honoring the world-wide victims of genocide and recognizing April 24, 2012, as Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; 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: THURSDAY, MARCH 29, 2012 3997 SENATE LOCAL CONSENT CALENDAR Thursday March 29, 2012 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 998 Carter of the 1st Jackson of the 2nd CHATHAM COUNTY 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, so as to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 999 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 system of the City of Savannah and Chatham County, approved March 21, 1968 (Ga. L. 1968, p. 2636), as amended, so as to change the description of the education districts; to provide for definitions and inclusions; to provide for submission of this Act for approval under the federal Voting Rights Act of 1965, as amended; to provide for automatic repeal; to provide for effective dates; to repeal conflicting laws; and for other purposes. HB 1256 Hamrick of the 30th James of the 35th WESTERN AREA REGIONAL RADIO SYSTEM AUTHORITY; CITY OF DOUGLASVILLE A BILL to be entitled an Act to amend an Act creating the Western Area Regional Radio System Authority, approved May 17, 2004 (Ga. L. 2004, p. 4521), so as to remove the City of Douglasville as a member of such authority; to add Coweta County as a member of such authority; to provide for related matters; to repeal conflicting laws; and for other purposes. 3998 HB 1275 HB 1281 HB 1289 JOURNAL OF THE SENATE Carter of the 1st Jackson of the 2nd CHATHAM AREA TRANSIT AUTHORITY A BILL to be entitled an Act to amend an Act creating the Chatham Area Transit Authority, approved March 28, 1986 (Ga. L. 1986, p. 5082), as amended particularly by an Act approved April 19, 2000 (Ga. L. 2000, p. 3587), so as to provide for board membership and staggered terms; to provide for methods of transacting business; to provide for per diem allowances for members and chairperson of the board; to provide for the election of a chairperson; to provide for the audit of books and records of the authority; to repeal a provision providing for financial operations and administrative matters to be performed by Chatham County; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Goggans of the 7th WARE COUNTY WATER AND SEWER AUTHORITY A BILL to be entitled an Act to amend an Act creating the Ware County Water and Sewer Authority, now known as the Satilla Regional Water and Sewer Authority, approved October 1, 2001 (Ga. L. 2001, Ex. Sess., p. 705), as amended, so as to allow members to be elected for unlimited consecutive terms; to repeal a provision relating to expansion of services and addition of members; to reduce the number of days of nonpayment beyond which the authority may disconnect service; to raise the maximum fee for reconnection of service; to exempt the authority from sales and use taxes; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. HB 1290 HB 1291 THURSDAY, MARCH 29, 2012 3999 3424), as amended, so as to provide for certain terms of office; to provide for the continuation in office of current members; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for certain terms of office; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. Hill of the 32nd Tate of the 38th Albers of the 56th CITY OF SANDY SPRINGS A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. AMENDMENT 4000 HB 1299 HB 1300 HB 1304 JOURNAL OF THE SENATE Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to provide for a nonbinding, advisory referendum by the electors of DeKalb County for the purpose of ascertaining whether the local or independent school system in DeKalb County or charter school should place or operate a telecommunications tower on any elementary, middle, or high school property; to provide for procedures and requirements relating thereto; to provide for an effective date; to repeal conflicting laws; and for other purposes. Tolleson of the 20th BLECKLEY COUNTY A BILL to be entitled an Act to revise and restate the law relating to the Bleckley County board of education and school superintendent; to provide for the number of members of the board and the districts from which they are elected; to provide for eligibility, manner of election, and filling of vacancies; to provide for a chairperson and vice chairperson; to provide for reimbursement of expenses; to provide for appointment of the school superintendent; to provide for related matters; to provide for submission of this Act for preclearance under the Voting Rights Act; to provide for effective dates; to repeal conflicting laws; and for other purposes. Goggans of the 7th Golden of the 8th Bulloch of the 11th SOUTHERN JUDICIAL CIRCUIT A BILL to be entitled an Act to provide the director of the pretrial release program for the Southern Judicial Circuit and such other members of the staff of such program as may be designated by the chief judge of such judicial circuit with arrest and certain other powers; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4001 Pursuant to Article VII, Section II, Paragraph IV of the Constitution, the following four local bills relating to homestead exemptions require a two-thirds roll-call vote for passage: HB 614 Heath of the 31st POLK COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Polk County ad valorem taxes for county purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions; 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 615 Heath of the 31st POLK COUNTY A BILL to be entitled an Act to provide a homestead exemption from Polk County ad valorem taxes for county purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of the county who are 70 years of age or older with net annual household income of $10,000.00 or less; 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 616 Heath of the 31st POLK COUNTY A BILL to be entitled an Act to provide a homestead exemption from Polk County school district ad valorem taxes for educational purposes in the amount of $30,000.00 of the assessed value of the homestead for certain residents of that school district who are 70 years of age or older with net annual household income of $10,000.00 or less; 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. 4002 JOURNAL OF THE SENATE HB 617 Heath of the 31st POLK COUNTY A BILL to be entitled an Act to provide for a homestead exemption from Polk County school district ad valorem taxes for educational purposes in an amount that will increase in certain years when the current year assessed value of a homestead exceeds the preceding year's assessed value of such homestead by a certain amount under certain conditions; 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 Millar of the 40th filed the following objection: As provided in Senate Rule 4-2.9(b), we, the undersigned Senators, hereby file an objection to HB 1290, which is on the Local Consent Calendar for today, and hereby request that it be moved to the Senate Local Contested Calendar. /s/ Millar of the 40th /s/ McKoon of the 29th /s/ Hill of the 32nd Date: 3/29/12 Pursuant to Senate Rule 4-2.9(b), HB 1290 was placed on the Senate Local Contested Calendar for today. The amendment to the following bill was put upon its adoption: *HB 1291: The Senate State and Local Governmental Operations Committee offered the following amendment: Amend the House committee substitute to HB 1291 (LC 35 2674S) by replacing "January 1, 2013" on line 291 with "January 1, 2014" By replacing lines 506 and 507 with the following: (10) Make recommendations with respect to employment or termination decisions of city employees; On the adoption of the amendment, the yeas were 53, nays 1, and the committee amendment was adopted. THURSDAY, MARCH 29, 2012 4003 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C E Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 53, nays 1. The bills on the Local Consent Calendar, except HB 1291, having received the requisite constitutional majority, were passed. HB 1291, having received the requisite constitutional majority, was passed as amended. Senator Ramsey, Sr. of the 43rd was excused for business outside the Senate Chamber. 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, March 29, 2012 Fortieth Legislative Day 4004 JOURNAL OF THE SENATE (The names listed are the Senators whose districts are affected by the legislation.) HB 1290 Thompson of the 5th Jones of the 10th Millar of the 40th Henson of the 41st Carter of the 42nd Ramsey, Sr. of the 43rd Butler of the 55th DEKALB COUNTY A BILL to be entitled an Act to amend an Act establishing in DeKalb County districts from which members of the county board of education shall be elected, approved April 12, 1963 (Ga. L. 1963, p. 3424), as amended, particularly by an Act approved April 25, 2002 (Ga. L. 2002, p. 4536), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for certain terms of office; to provide for submission of this Act for preclearance pursuant to Section 5 of the federal Voting Rights Act of 1965, as amended; to provide for related matters; to provide for effective dates; to repeal conflicting laws; and for other purposes. 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 29, 2012 4005 Y Goggans Golden Y Gooch Y Grant N Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the passage of the local legislation, the yeas were 50, nays 1. The local contested legislation, having received the requisite constitutional majority, was passed. Senator Williams of the 19th moved to engross SR 104, which was before the Senate today. On the motion, the yeas were 30, nays 16; the motion prevailed, and SR 104 was engrossed. Senator Williams of the 19th moved to engross SR 979, which was before the Senate today. On the motion, the yeas were 31, nays 14; the motion prevailed, and SR 979 was engrossed. Senator Williams of the 19th moved to engross SR 1014, which was before the Senate today. On the motion, there was no objection, and SR 1014 was engrossed. Senator Williams of the 19th moved to engross SR 1220, which was before the Senate today. On the motion, the yeas were 30, nays 13; the motion prevailed, and SR 1220 was engrossed. Senator McKoon of the 29th moved that the following resolution be withdrawn from the consideration of the Senate. SR 1220. By Senator McKoon of the 29th: A RESOLUTION creating the Senate Study Committee on Georgia Ethics and Accountability; and for other purposes. On the motion, there was no objection; the motion prevailed, and SR 1220 was withdrawn from consideration of the Senate. 4006 JOURNAL OF THE SENATE The following resolution was read and put upon its adoption: SR 979. By Senator Unterman of the 45th: A RESOLUTION creating the Senate Aging Study Committee; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. The following resolution was read and put upon its adoption: SR 1014. By Senators Mullis of the 53rd, Bethel of the 54th, Miller of the 49th, Wilkinson of the 50th, Rogers of the 21st and others: A RESOLUTION to create the Mountain Caucus of the Georgia State Senate; and for other purposes. On the adoption of the resolution, there was no objection, and the resolution was adopted. The following resolution was read and put upon its adoption: SR 104. By Senators Henson of the 41st and Butterworth of the 50th: A BILL creating the Joint Crematoria Study Committee; and for other purposes. The Senate Health and Human Services Committee offered the following substitute to SR 104: A RESOLUTION Creating the Senate Crematoria Study Committee; and for other purposes. WHEREAS, with the price of funerals steadily increasing over the years, cremation has become a growing trend for honoring loved ones after they have passed on; and WHEREAS, with increased demand for cremations, more crematoria are being built outside the traditional setting of a funeral home or cemetery, with some being located in industrial parks or in or near residential areas; and WHEREAS, various issues have arisen surrounding the placement of crematoriums in local communities, including but not limited to, zoning and land use; and THURSDAY, MARCH 29, 2012 4007 WHEREAS, there are some health and safety concerns associated with crematoriums, such as the operation of high combustion industrial ovens; noise levels; associated exhaust emissions from the cremation process including nitrogen oxides, carbon monoxide, sulfur dioxide, particulate matter, mercury, and dioxins; and odors; and some persons find there is a stigma associated with living near a crematorium; and WHEREAS, the United States Environmental Protection Agency has determined that crematoriums do not have to be regulated by that agency. NOW, THEREFORE, BE IT RESOLVED BY THE SENATE that there is created the Senate Crematoria Study Committee to be composed of three members. The President of the Senate shall appoint three members of the Senate as members of the committee and shall designate one of such members as chairperson. The chairperson shall call all meetings of the committee. BE IT FURTHER RESOLVED that the committee shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the committee deems necessary or appropriate. The committee may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. The legislative members of the committee shall receive the allowances provided for in Code Section 28-1-8 of the Official Code of Georgia Annotated. All funds necessary to carry out the provisions of this resolution shall come from funds appropriated to the Senate. The expenses and allowances authorized by this resolution shall not be received by any member of the committee for more than five days unless additional days are authorized. 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 1, 2012. The committee shall stand abolished on December 1, 2012. On the adoption of the substitute, there were no objections, and the committee substitute was adopted. On the adoption of the resolution by substitute, there was no objection, and the resolution was adopted by substitute. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. Senator Jeffares of the 17th asked unanimous consent that HB 745, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 745, having been taken from the Table, was put upon its passage. 4008 JOURNAL OF THE SENATE HB 745. By Representatives Welch of the 110th, Ramsey of the 72nd, Cooper of the 41st, Manning of the 32nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Jeffares of the 17th. The Senate Health and Human Services Committee offered the following substitute to HB 745: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, so as to provide for legislative findings relating to newborn screening for congenital heart defects; to require the Department of Public Health to study whether pulse oximetry screening should be a standard test for all newborns for the detection of congenital heart defects; to provide for a report to legislative committees; to provide for automatic repeal; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly finds and declares that: (1) Congenital heart defects (CHDs) are structural abnormalities of the heart that are present at birth; CHDs range in severity from simple problems, such as holes between chambers of the heart, to severe malformations, such as the complete absence of one or more chambers or valves; some critical CHDs can cause severe and life-threatening symptoms which require intervention within the first days of life; (2) According to the United States Secretary of Health and Human Services' Advisory Committee on Heritable Disorders in Newborns and Children, congenital heart disease affects approximately seven to nine of every 1,000 live births in the United States and Europe; the federal Centers for Disease Control and Prevention states that CHD is the leading cause of infant death due to birth defects; (3) Current methods for detecting CHDs generally include prenatal ultrasound THURSDAY, MARCH 29, 2012 4009 screening and repeated clinical examinations, but while prenatal ultrasound screenings can detect some major CHDs, these screenings, alone, identify less than one-half of all CHD cases, and critical CHD cases are often missed during routine clinical exams performed prior to a newborn's discharge from a birthing facility; (4) Pulse oximetry is a noninvasive test that estimates the percentage of hemoglobin in blood that is saturated with oxygen; when performed on a newborn a minimum of 24 hours after birth, pulse oximetry screening is often more effective at detecting critical, life-threatening CHDs which otherwise go undetected by current screening methods; newborns with abnormal pulse oximetry results require immediate confirmatory testing and intervention; and (5) Many newborn lives could potentially be saved by earlier detection and treatment of CHDs if birthing facilities were required to perform this simple, noninvasive newborn screening in conjunction with current CHD screening methods. SECTION 2. Article 1 of Chapter 1 of Title 31 of the Official Code of Georgia Annotated, relating to general provisions relative to health, is amended by adding a new Code section to read as follows: "31-1-3.3. (a) The Department of Public Health shall undertake a study to determine whether pulse oximetry screening should be implemented as a standard test for newborn infants in this state to aid in detecting congenital heart defects. (b) The study undertaken by the department shall include the review of available data and research findings on this issue to determine whether pulse oximetry screening should be performed as a standard test in conjunction with other current screening methods for congenital heart defects. Said study shall evaluate the fiscal impacts of implementing pulse oximetry screening in Georgia. The department shall complete and submit a report to the Speaker of the House of Representatives, the President of the Senate, the Senate Health and Human Services Committee, and the House Committee on Health and Human Services no later than the fifth day of the 2013 regular session of the General Assembly. Such report shall include the results, conclusions, and recommendations of the department, including whether proposed legislation should be introduced. (c) This Code section shall stand repealed on January 31, 2013." 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. 4010 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 2. HB 745, having received the requisite constitutional majority, was passed by substitute. Senator Davis of the 22nd introduced the doctor of the day, Dr. Martha Terris. Senator Jackson of the 2nd was excused for business outside the Senate Chamber. Senator Ginn of the 47th asked unanimous consent that HB 746, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 746, having been taken from the Table, was put upon its passage. HB 746. By Representatives Maddox of the 127th, Willard of the 49th, McCall of the 30th, Roberts of the 154th and Burns of the 157th: A BILL to be entitled an Act to amend Code Section 2-2-9.1 of the Official Code of Georgia Annotated, relating to the administrative authority of the Commissioner of Agriculture on hearings for individuals adversely affected, so as to clarify the timing of the Commissioner's final decision and decision for THURSDAY, MARCH 29, 2012 4011 reconsideration of the final decision; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Ginn 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 52, nays 0. HB 746, having received the requisite constitutional majority, was passed. Senator Bulloch of the 11th asked unanimous consent that HB 875, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 875, having been taken from the Table, was put upon its passage. HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, 4012 JOURNAL OF THE SENATE preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bulloch of the 11th. Senator Bulloch of the 11th offered the following amendment #1: Amend HB 875 by inserting after "To" at the beginning of line 1 the following: amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, so as to exempt certain records of the Department of Agriculture from disclosure; to By redesignating Section 1 as Section 1A and inserting after the enacting clause the following: SECTION 1. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, is amended by adding a new paragraph in subsection (a) to read as follows: "(10.4) Records, data, or information compiled and maintained by the Department of Agriculture regarding applicants for or recipients of certification for taxation purposes as a qualified agriculture producer as defined in Code Section 48-8-3.3; provided, however, that nothing in this paragraph shall prevent the release of such records, data, or information to a law enforcement officer, prosecutor, or judge or another state or federal agency for use in the investigation or prosecution of alleged criminal or unlawful activity or for other official use;" On the adoption of the amendment, there were no objections, and the Bulloch amendment #1 was adopted. The report of the committee, which was favorable to the passage of the bill, was agreed to as amended. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel E Hamrick Y Harbison Y Heath Orrock Y Paris E Ramsey THURSDAY, MARCH 29, 2012 4013 Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 875, having received the requisite constitutional majority, was passed as amended. Senator Chance of the 16th 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 Appointments. There was no objection. The Governor's Appointments can be found in the Senate Journal on Thursday, March 22, 2012. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S 4014 JOURNAL OF THE SENATE N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 49; nays 2, the motion prevailed, and the Governor's Appointments were confirmed. The following bill was taken up to consider House action thereto: HB 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide 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 811. The consent was granted, and the Senate insisted on its substitute to HB 811. Senator Hooks of the 14th asked unanimous consent that HB 684, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 684, having been taken from the Table, was put upon its passage. HB 684. By Representatives Buckner of the 130th, Neal of the 1st, Stephens of the 164th, Greene of the 149th, Abrams of the 84th and others: 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 authorize the Department of Natural Resources to transfer certain operating responsibilities for state parks and recreational areas to local governing authorities on certain conditions; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Hooks of the 14th. THURSDAY, MARCH 29, 2012 4015 The Senate Natural Resources and the Environment Committee offered the following substitute to HB 684: 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 require the Department of Natural Resources to notify local governing authorities before making certain significant changes in services at state parks or recreational areas located within the area of the local governing authority; 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 3 of Title 12 of the Official Code of Georgia Annotated, relating to state parks and recreational areas generally, is amended by adding a new Code section to read as follows: "12-3-35. (a) For purposes of this Code section, the term 'change in services' means the closing of a state park or recreational area, a permanent change of a primary existing operational function, or a reduction in the hours of operation or services offered at a state park or recreational area location by 50 percent or more. (b) Prior to making a change in services, the Department of Natural Resources shall provide 90 days' notice to the governing authority of each municipality and county in which the state park or recreational area is located regarding the specific proposed change in services. The notice required by this Code section shall be made in writing and sent to the applicable chairperson of the county commissioners and the mayor of the municipality." 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. 4016 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 684, having received the requisite constitutional majority, was passed by substitute. 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 823 HB 905 SB 516 Do Pass Do Pass by substitute Do Pass Respectfully submitted, Senator Miller of the 49th District, Chairman THURSDAY, MARCH 29, 2012 4017 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitutes to the following Bills of the House: HB 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; to eliminate a reference to such provisions; to repeal conflicting laws; and for other purposes. 4018 JOURNAL OF THE SENATE Senator Bethel of the 54th asked unanimous consent that HB 1178, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 1178, having been taken from the Table, was put upon its passage. HB 1178. By Representatives Dickson of the 6th, England of the 108th and Coleman of the 97th: A BILL to be entitled an Act to amend Code Section 28-5-42 of the Official Code of Georgia Annotated, relating to introduction of bills having significant impact upon anticipated revenues or expenditures and furnishing of fiscal notes, so as to require a ten-year projection of costs for bills which would create a new program or funding category and which would have a significant impact upon anticipated revenues or expenditures of the Department of Education; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, MARCH 29, 2012 4019 On the passage of the bill, the yeas were 53, nays 0. HB 1178, having received the requisite constitutional majority, was passed. Senator Murphy of the 27th asked unanimous consent that HB 945, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 945, having been taken from the Table, was put upon its passage. HB 945. By Representatives Teasley of the 38th, Morris of the 155th, Williamson of the 111th, Dutton of the 166th, Dawkins-Haigler of the 93rd and others: A BILL to be entitled an Act to amend Article 2 of Chapter 1 of Title 7 of the Official Code of Georgia Annotated, relating to banks and trust companies, so as to provide for the issuance of non-cash valued shares by a bank or trust company with approval from the Department of Banking and Finance; to provide for the issuance of dividends from sources other than retained earnings with prior approval from the department; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Murphy of the 27th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Ginn Y Hamrick Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson 4020 JOURNAL OF THE SENATE Y Goggans Y Golden Y Gooch Y Grant Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 50, nays 1. HB 945, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the Senate insist on its substitute to HB 872. The consent was granted, and the Senate insisted on its substitute to HB 872. Senator Bethel of the 54th was excused for business outside the Senate Chamber. Senator Unterman of the 45th asked unanimous consent that HB 1110, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 1110, having been taken from the Table, was put upon its passage. HB 1110. By Representatives Cooper of the 41st, Benton of the 31st, Yates of the 73rd, Howard of the 121st, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to revise provisions relating to penalties THURSDAY, MARCH 29, 2012 4021 relative to the owning or operating of unlicensed personal care homes; to authorize the Department of Community Health to provide for additional criminal offenses for background checks for owners and employees of personal care homes; 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 Albers Y Balfour E Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 1110, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused for business outside the Senate Chamber. Senator Grant of the 25th asked unanimous consent that HR 1376, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. 4022 JOURNAL OF THE SENATE The consent was granted, and pursuant to Senate Rule 4-2.10(a), HR 1376, having been taken from the Table, was put upon its adoption. HR 1376. By Representatives Greene of the 149th, Neal of the 1st, Bryant of the 160th, Horne of the 71st and Cheokas of the 134th: A RESOLUTION authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; to provide an effective date; and for other purposes. Senate Sponsor: Senator Grant of the 25th. The Senate State Institutions and Property Committee offered the following substitute to HR 1376: A BILL TO BE ENTITLED AN ACT Authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Bartow County; authorizing the conveyance of certain state owned real property located in Bibb County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of certain state owned real property located in Clay County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Decatur County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; authorizing the conveyance of certain state owned real property located in Early County; authorizing the conveyance of certain state owned real property located in Floyd County; authorizing the conveyance of certain state owned real property located in Franklin County; authorizing the modification of a ground lease on certain state owned real property located in Gwinnett County; authorizing the conveyance of THURSDAY, MARCH 29, 2012 4023 certain state owned real property located in Habersham County; authorizing the conveyance of certain state owned real property located in Macon County; authorizing the conveyance of certain state owned real property located in Madison County; authorizing the conveyance of certain state owned real property located in McIntosh County; authorizing the conveyance of certain state owned real property located in Mitchell County; authorizing the conveyance of certain state owned real property located in Montgomery County; authorizing the conveyance of certain state owned real property located in Muscogee County; authorizing the lease of certain state owned real property located in Polk County; authorizing the conveyance of certain state owned real property located in Quitman County; authorizing the conveyance of certain state owned real property located in Richmond County; authorizing the conveyance of certain state owned real property located in Telfair County; authorizing the conveyance of certain state owned real property located in Ware County; authorizing the conveyance of certain state owned real property located in Washington County; authorizing the conveyance of certain state owned real property located in Wayne County; authorizing the conveyance of certain state owned real property located in White County; authorizing the conveyance of certain state owned real property located in Whitfield County; to provide an effective date; 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) Said real property is all that tract or parcel of land lying and being in Lots 243 and 244 of the 5th District of Baldwin County containing approximately 82 acres and operated as Baldwin State Prison, and all of that tract being in Lot 244 of the 5th District of Baldwin County containing approximately 71 acres operated as Riverbend Prison by The GEO Group, Inc., as described in that 40 year lease with the State of Georgia dated July 30, 2010 ("the lease"), both properties being more particularly described in an aerial drawing on file in the offices of the State Properties Commission entitled "Baldwin State Prison and Riverbend Prison," and which 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 properties are under the custody of the Georgia Department of Corrections; (4) The GEO Group, Inc. is desirous of amending the lease with a nonexclusive appurtenant easement for the term of the lease to construct additional waste-water management system improvements on state property in Parcel 1, Land Lot 244, the 5th District at Baldwin State Prison and operate that equipment and system on 0.44 of an acre as described on a utility survey by Thomas & Hutton Consulting dated June 24, 2011, including a sewer line extension, new mechanical bar screen, and a backup generator; (5) The GEO Group, Inc. will provide enhanced waste-water management services at no cost to Baldwin State Prison from those system improvements and maintain the sewer line extension for the duration of the lease, and at the end of the lease ownership of the 4024 JOURNAL OF THE SENATE system improvements will revert to the state; (6) By resolution dated September 1, 2011, the Georgia Board of Corrections recommended amending the lease to include such a nonexclusive appurtenant easement for the duration of the lease term and provision of enhanced waste-water management service to Baldwin State Prison as consideration of said lease amendment; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bartow County, Georgia; (2) Said real property is all that parcel or tract lying and being in the 4th District, 3rd Section of Bartow County and is more particularly described as a total of approximately 1.68 acres in a deed dated January 13, 1940, recorded in Deed Book 76, Folio 265 in the Office of the Clerk of Superior Court of Bartow County, a copy of which is on file as Real Property Record #00069 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 under the custody of the State Forestry Commission and was the Cartersville District Office; (4) The State Forestry Commission has determined that the building has outlived its economic life, and has combined the Cartersville District Office with the Cherokee District office in a new location in Bartow County, which will result in budgetary savings with minimal impact of service to the counties; (5) By letter dated January 26, 2012, the Commissioner of the State Forestry Commission advised a resolution will be sought of the State Forestry Commission at its March 20, 2012, meeting to declare the Cartersville District Office improved property surplus to its needs and request authorization for the conveyance of the property in the 2012 legislative session of the Georgia General Assembly; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Bibb County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 48 and 49 of the Macon Reserve West Land District, Bibb County, and is more particularly described as a total of approximately 3.056 acres in deeds dated January 25, 1994, recorded in Deed Book 2474, Pages 206-212 and December 15, 2000, recorded in Deed Book 4983, Pages 329-336 in the Office of the Clerk of Superior Court of Bibb County, a copy of which is on file as Real Property Record #08493 and #09757 in the offices of the State Properties Commission; (3) The above-described property is under the custody of the Georgia Department of Economic Development and was formerly the Georgia Music Hall of Fame; (4) The Georgia Department of Economic Development currently does not utilize the property and infrastructure comprising the Georgia Music Hall of Fame; (5) The Georgia Department of Economic Development has determined that it will at no THURSDAY, MARCH 29, 2012 4025 time in the future have a use for the property and infrastructure comprising the Georgia Music Hall of Fame; (6) The Corporation of Mercer University, a nonprofit corporation organized and existing under the laws of the State of Georgia, has expressed an interest in acquiring the Georgia Music Hall of Fame for the purposes of school related functions; (7) The Georgia Department of Economic Development declared the Georgia Music Hall of Fame improved property surplus to its needs and authorized the surplusing of this property and sale to the Corporation of Mercer University, a nonprofit corporation organized and existing under the laws of the State of Georgia, for fair market value, as determined by State Properties Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Carroll County, Georgia; (2) Said real property is all those parcels totaling approximately 137.635 acres, being a tract of approximately 1.26 acres lying and being in the 10th District, Land Lot 170 of Carroll County and is more particularly described in a deed recorded in Deed Book 1172, Page 642 in the Office of the Clerk of Superior Court of Carroll County, a copy of which is on file as Real Property Record #09497 in the offices of the State Properties Commission, and being a tract of approximately 136.375 acres lying and being in the 10th District, Land Lots 151, 170, and 171 of Carroll County and is more particularly described in a deed recorded in Deed Book 255, Page 283 in the Office of the Clerk of Superior Court of Carroll County, a copy of which is on file as Real Property Record #05271 in the offices of the State Properties Commission ("the property"), 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 Georgia Department of Natural Resources and was the John Tanner State Park; (4) By resolution adopted September 6, 2011, the Carroll County Board of Commissioners requested the conveyance and will maintain the park for public use as a park in the future, and agreed that if the Heritage Preserve designation placed on the property were removed as authorized by the General Assembly, the county would accept conveyance of the property with a conservation easement restricting the property to use as a public park with additional but limited recreational development allowed, and annual monitoring by the state of the conservation easement. The county also agreed that additional consideration would be payoff of remaining General Obligation bonds and interest of approximately $76,000.00 and purchase of personal property at the park valued at $1,000.00; (5) On September 28, 2011, the Georgia Board of Natural Resources determined as authorized in Act 232 (2011 House Bill 90) after a public hearing to remove the Heritage Preserve designation and upon conveyance of the property to Carroll County, to accept a conservation easement on the property to free the department of operational costs while ensuring the state's citizens have perpetual access to its outdoor recreational facilities; and 4026 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Clay County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 238, District 5 of Clay County and is more particularly described as a one acre parcel being recorded in a deed dated January 24, 1963 in Deed Book S, Folio 109 in the Office of the Clerk of Superior Court of Clay County, a copy of which is on file as Real Property Record #02922 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 under the custody of the State Forestry Commission and was the Clay County Office; (4) The State Forestry Commission has determined that a building on the property has outlived its economic life, and that closing the office will result in budgetary savings; (5) Clay County is desirous of leasing the property from the State for $10.00 with the stipulation that the property be used for public purpose, and use of the tower to be retained for the State of Georgia/State Forestry Commission; (6) By letter January 26, 2012, from the Commissioner of the State Forestry Commission advised a resolution will be sought of the State Forestry Commission at its March 20, 2012, meeting to declare the Clay County Office improved property surplus to its needs and recommend leasing the property to Clay County for five years with a five-year renewal option for public purpose, and use of the tower to be retained for the State of Georgia/State Forestry Commission, and such letter requested authorization for the leasing of the property to Clay County in the 2012 legislative session of the Georgia General Assembly; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Land Lot 470, 7th District of Clinch County, Georgia, hereinafter referred to as the "easement area" and the "conveyance area" at the southwest side of U.S. Highway 441, more particularly described on an engineered drawing as that approximately 0.045 of an acre easement area and that 0.02 of an acre conveyance area as shown highlighted in yellow on that drawing prepared by Georgia Department of Transportation and being Job Title "US Hwy 441 Widening Project No. EDS-441(46) Clinch County," on file in the offices of the State Properties Commission, and may be more particularly described by a survey prepared for the Georgia Department of Transportation and presented to the State Properties Commission for approval; (2) Said property is under the custody of the State Forestry Commission; (3) The Georgia Department of Transportation has requested in a letter dated June 28, 2011, the conveyance of the nonexclusive permanent easement area and the fee simple area solely for the purpose of U.S. Hwy 441 Widening Project No. EDS-441(46) Clinch County; (4) On August 16, 2011, the State Forestry Commission approved a resolution to seek THURSDAY, MARCH 29, 2012 4027 General Assembly approval for fee simple title of the conveyance area and for conveyance of the nonexclusive permanent easement area 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 Coffee County, Georgia; (2) Said improved real property is approximately 1.555 acres lying and being in Land Lot 174 of the 6th District in Douglas, Coffee County, as described in that 1993 deed recorded in Deed Book 465, Pages 125-126, and on a plat recorded in Plat Book 69, Page 100 of the Superior Court of Coffee County, and on file in the offices of the State Properties Commission as Real Property Record 10953 ("the property"), 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 the Douglas Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dade County, Georgia; (2) Said parcel is all that tract or parcel of land lying and being in Land Lot 289 of the 10th District and 4th Section of Dade County containing approximately 0.683 of an acre, being more particularly described in that deed from Dade County, dated May 11, 1959, and recorded by the Clerk of Dade County Superior Court in Deed Book 56, Page 69, 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 operated as the Dade County Unit under the custody of the State Forestry Commission until it was destroyed by a tornado on April 28, 2011; (4) Dade County is also the owner of approximately three acres in Land Lots 21 and 22, 18th District, 3rd Section, as described on a survey for the State Forestry Commission on a plat dated July 14, 2011, by surveyor Paul Rogers, Registered Land Surveyor No. 2303, which property was also leased for 25 years to the state on November 23, 2011, for constructing, maintaining, and operating a new Forestry Commission Dade Unit, and as described on the same plat; (5) Dade County approved at its August 4, 2011, meeting the acquisition from the state of the above-described 0.683 of an acre property in exchange for the county conveying to the state the three-acre property now leased to the state; (6) The State Forestry Commission, by resolution dated May 19, 2011, recommended the exchange as described above as being beneficial to the state, and cancellation of the county's 25 year lease on the three acres when the exchange is effected; and 4028 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Decatur County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the City of Bainbridge, Decatur County, totaling approximately 3.03 acres on a plat of survey entitled "Plat of Survey for Department of Defense, Bainbridge Armory," dated January 19, 1989, prepared by Shad L. Adkinson, Georgia Registered Land Surveyor No. 2254, on file in the offices of the State Properties Commission inventoried as Real Property Record #08252, and being more particularly described as all that parcel or tract being approximately 2.81 acres recorded in a deed dated August 26, 1952, and being described in Deed Book E-6, Page 13 from the City of Bainbridge as grantor to the State of Georgia as grantee for $10.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #00424, and all that parcel or tract being approximately 0.43 of one acre recorded in a deed dated November 9, 1992, and being described in Deed Book L-17, Pages 78-83 from the City of Bainbridge as grantor to the State of Georgia as grantee, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08251, as part of an exchange conveying approximately 0.21 of one acre to the city, as recorded in a deed dated November 18, 1992, and being described in Deed Book K-17, Pages 589-593 from the State of Georgia as grantor to the City of Bainbridge as grantee, recorded in the Office of the Clerk of Superior Court of Decatur County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08252; (3) Said tract or parcel was formerly the site of Bainbridge Armory, now under the custody of the Department of Defense; (4) The City of Bainbridge is desirous of acquiring the above-described property for public purpose and agrees to pay $10.00 and retire any outstanding General Obligation bonds due for this property; (5) By letter dated February 9, 2012, the Adjutant General stated that the abovedescribed improved property is surplus to the needs of the department and recommended that the above-described property be conveyed to the City of Bainbridge for the amount of the outstanding General Obligation bonds and no less than $10.00, to be used for public purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dodge County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in Land Lot 22 of the 15th District of Dodge County, Georgia, containing approximately five acres being the same property from Dodge County Post 126 of the American Legion, Department of Georgia, Inc., conveyed by deed on June 28, 1955, to remove a reversionary interest from that deed of August 1, 1954, inventoried as Real Property Records 00470.4 and .3, THURSDAY, MARCH 29, 2012 4029 respectively, 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 Eastman Armory, now under the custody of the Department of Defense; (4) The Eastman-Dodge County Regional Development Authority is desirous of acquiring the above-described property for public purpose; (5) By letter dated December 1, 2011, the Adjutant General stated that the abovedescribed improved property is surplus to the needs of the department and recommended that the above-described property be surplused for the amount of the outstanding General Obligation bonds, to be used for public purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Dougherty County, Georgia; (2) Said real property is approximately 2.103 acres of land located at 701 Gaines Avenue, Albany, in Land Lot 361, first Land District, being the remainder of that property conveyed by deed from the Dougherty County Board of Commissioners on June 9, 1972, as recorded in Deed Book 480, Page 471, after the conveyance of 7.323 acres to the Dougherty County Board of Commissioners by deed dated February 6, 2009, as recorded in Deed Book 3591, Pages 206-211, and Plat Cabinet 1-D, Slide 43-C, and on file in the offices of the State Properties Commission as Real Property Record 05516 and 10605, respectively ("the property"), 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 the Albany Farmers Market, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the Department of Agriculture; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Dougherty County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 361 of the 1st District of Dougherty County and containing approximately 0.068 of one acre to be conveyed along U.S. Route 19, Albany, Georgia, more particularly described as that area highlighted in yellow on a January 6, 2011, drawing entitled "R/W ACQUISITION PLAT, ALBANY TECH. COLLEGE, SLAPPEY BLVD ENTRANCE" in Dougherty County, Project Number 08-6182, 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 Cary F. Reed, Georgia Registered Land Surveyor No. 2896, and presented to the State Properties Commission for approval; 4030 JOURNAL OF THE SENATE (3) Said property is under the custody of the Technical College System of Georgia; (4) The Georgia Department of Transportation is improving the road as a part of Project 08-6182, Dougherty County; (5) The Georgia Department of Transportation requires that the above-described property be owned in the name of the Georgia Department of Transportation and will acquire the property from the state for consideration of satisfying project requirements of the construction of a deceleration lane with federal funds that benefits the state by improving ingress and egress safety to the site; (6) The State Board of the Department of Technical and Adult Education, at its meeting of March 3, 2011, authorized the conveyance of the above-described properties to Georgia Department of Transportation; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Early County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 152 and 129 of the 28th District, City of Blakely, Early County, Georgia, and is more particularly described as approximately 7.2 acres on a survey dated June 15, 1973, prepared by Grady Holman, Jr., County Surveyor of Early County, and on file in the offices of the State Properties Commission and being recorded in a deed dated January 17, 1974, in Deed Book 106, Pages 878-9 from Early County, Georgia, as grantor to the State of Georgia as grantee for $1.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Early County, a copy of which is on file in the offices of the State Properties Commission; (3) Said tract or parcel was formerly the site of the Blakely Regional Youth Detention Center, now under the custody of the Department of Juvenile Justice, and on which outstanding General Obligation bonds principal and payments must be satisfied; and (4) The Early County Board of Commissioners is desirous of acquiring the above described property for public purpose; (5) By resolution dated February 23, 2012, the chairperson of the Board of Juvenile Justice stated that the above-described improved property is surplus to the needs of the department; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Floyd County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lots 161, 200, 201 of the 23rd Section 3rd District and containing approximately 132.502 acres, as more particularly described on a survey titled "Survey for State of Georgia, Total Area in Subdivision 164.577 Acres, Northwest Regional Campus 132.502 Acres", dated January 20, 2012, by J. B. Faircloth and Associates, Georgia Registered Land Surveyor No. 2120, 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 THURSDAY, MARCH 29, 2012 4031 and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Georgia Department of Behavioral Health and Developmental Disabilities and was known as the Northwest Regional Hospital ("the property"); (4) The Department of Behavioral Health and Developmental Disabilities has declared this property surplus to its needs and closed the hospital September 30, 2011; (5) The Georgia Board of Behavioral Health and Developmental Disabilities on October 17, 2011, authorized the surplusing of this property and conveyance by competitive bid or to a local government or state entity, for fair market value, as determined by the State Properties Commission; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Franklin County, Georgia; (2) Said improved real property is approximately 0.998 of an acre located at 159 Maulding Road (Georgia Highway 145), Franklin County, Georgia, lying and being in the 264th Georgia Militia District in the City of Carnesville as described in that 1996 deed recorded in Deed Book 342, Pages 61-63, and Plat Book 22, Page 330 of the Superior Court of Franklin County, and on file in the offices of the State Properties Commission as Real Property Record 08990 ("the property"), 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 the Carnesville Poultry Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Gwinnett County, Georgia; (2) Said property is all that tract or parcel of land lying and being in Lot 13 of the 7th District of Gwinnett County containing approximately 2.212 acres and operated as Creative Enterprises, Inc., as described in that 25 year lease with the State of Georgia dated July 28, 1995 ("the lease"), a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #08649, and being more particularly described in a survey prepared by the Gwinnett County Engineering Department, more particularly William F. Rolander, Georgia Registered Land Surveyor No. 2042, dated April 18, 1977, recorded at Plat Book 6, Page 266, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #06392, and being more particularly described in a deed dated April 19, 1977, and being described in Deed Book 1366, Page 321 from Gwinnett County as grantor to the State of Georgia as grantee for $10.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Gwinnett County, a copy of which is on file 4032 JOURNAL OF THE SENATE in the offices of the State Properties Commission inventoried as Real Property Record #06392; (3) The above-described property is under the custody of the Georgia Department of Labor; (4) Creative Enterprises, Inc., is desirous of amending the term of the lease to expire July 28, 2037, to provide Creative Enterprises, Inc., the ability to make application for Community Development Block Grants (CDBG) that will fund necessary repairs and improvements to the facility, at no additional cost to the state; (5) Creative Enterprises, Inc., will continue to provide training and employment services to individuals with disabilities, including vocational and work evaluations, work adjustment, job placement, social and personal adjustment services, community access group, community access individual, and prevocational services; (6) By a letter dated February 20, 2012, the Commissioner for the Georgia Department of Labor recommends extending term of the lease to expire July 28, 2037; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is all that parcel or tract lying and being Lot No. 85 of the 11th District of Habersham County and is more particularly described as approximately 3.91 acres on a plat dated September 20, 1918, a copy of which is on file as Real Property Record #00731 in the offices of the State Properties Commission, and being recorded in a deed dated December 7, 1943, and recorded in Deed Book VIII, Pages 452-462 in the Office of the Clerk of Superior Court of Habersham County, a copy of which is on file as Real Property Record # 02804 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 and is formerly known as "The Presidents House" at North Georgia Technical College; (4) The State Board of the Technical College System of Georgia on February 2, 2012, declared this property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Habersham County, Georgia; (2) Said real property is approximately 0.11 of an acre located at 800 North Main Street, Cornelia, in Habersham County, Georgia, containing approximately 0.09 of an acre (lying and being in the City of Cornelia Lot 3, Block A of the J.C. Rudisill Subdivision of Level Ridge Circle) and 0.02 of an acre (Land Lot 149 of the 10th Land District, being 10 by 90 odd feet off of the southern part of Lot 4 of Block A of the same subdivision), respectively, and on file in the offices of the State Properties Commission as Real Property Record #00722 and #00721, respectively ("the property"), and may be more particularly described on a plat of survey prepared by a Georgia registered land surveyor THURSDAY, MARCH 29, 2012 4033 and presented to the State Properties Commission for approval; (3) Said tract or parcel was formerly the site of the Cornelia Entomology Lab, now under the custody of the Department of Agriculture; (4) By letter dated January 9, 2012, the Commissioner of Agriculture declared the improved property surplus and no longer necessary for the operations of the agency; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Macon County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in the Industrial Park located within the city limits of Montezuma, Macon County, Georgia, containing 1.00 acre and being further described according to that plat of survey entitled "Survey for the City of Montezuma" dated April 27, 1994, and prepared by Kenneth Earl Dunmon, Georgia Registered Land Surveyor No. 1526, and being recorded in Plat Book 14, Page 37 and being on file in the Clerk's Office, Macon County Superior Court, and is more particularly described as that approximately 1.00 acres as described in that deed dated October 4, 1994, and being found in Deed Book 128, Pages 271-272 in the Office of the Clerk of Superior Court of Macon County, a copy of which is on file as Real Property Record #08578 in the offices of the State Properties Commission; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Montezuma Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Macon County, Georgia; (2) Said real property is all that parcel or tract lying and being in the City of Montezuma, Macon County, and is more particularly described as approximately five acres on a plat recorded in Plat Book S, Page 359, recorded in the Office of the Clerk of Superior Court of Macon County and on file in the offices of the State Properties Commission inventoried as Real Property Record # 07371, and being recorded in a deed dated April 27, 1957, Deed Book 3-R, Folio 149 from T. F. Nelson as grantor to the State of Georgia as grantee for $1.00 and other valuable consideration, recorded in the Office of the Clerk of Superior Court of Macon County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #00921; (3) Said tract or parcel was formerly the site of Montezuma Armory, now under the custody of the Department of Defense; (4) The City of Montezuma is desirous of acquiring the above-described property for public purpose; (5) By letter dated January 31, 2012, the Adjutant General stated that the above- 4034 JOURNAL OF THE SENATE described improved property is surplus to the needs of the department and requested that the above-described property be conveyed for the amount of the outstanding General Obligation bonds or no less than $10.00, so long as the property is to be used for public purpose and payment of applicable outstanding General Obligation bonds and interest; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Madison County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 204 of Madison County and is more particularly described as a total of approximately 0.65 of an acre in two parcels (0.37 and 0.28 of an acre) on a plat of survey dated April 7, 1981, recorded in Plat Book 21, Page 3, and the approximately 0.37 of an acre parcel being recorded in a deed dated June 7, 1955, in Deed Book U-3, Page 363 in the Office of the Clerk of Superior Court of Madison County, a copy of which is on file as Real Property Record #04444 in the offices of the State Properties Commission, and the 0.28 of an acre parcel being recorded in a deed dated April 7, 1981, in Deed Book A-7, Folio 421-423 in the Office of the Clerk of Superior Court of Madison County, a copy of which is on file as Real Property Record #07025 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 under the custody of the State Forestry Commission and was the Madison Subunit; (4) The State Forestry Commission has determined that a building constructed in 1971 on the property has outlived its economic life, and that closing the Madison Subunit will result in budgetary savings with minimal impact of service to the county, and on February 15, 2011, declared the improved property surplus to its needs; (5) Madison County conveyed the property to the state for $1.00 and is desirous of acquiring the property from the state for $10.00 with the stipulation that the property be used for public purpose, and the county is willing to be responsible for the operating costs, maintenance, and needed facility renovations, and to allow the State Forestry Commission to keep personnel and equipment at that location at no cost other than those associated with the State Forestry Commission's personnel and fire equipment; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in McIntosh County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 271 of McIntosh County and is more particularly described as a total of approximately 46.5 acres in two parcels (44.5 acres acquired on February 23, 1996, and 2 acres for access acquired on February 28, 1996) on a plat of surveys recorded in Plat Cabinet 1, Slide 85-A and Plat Cabinet 1, Page 82-M, respectively, and which are on file as Real THURSDAY, MARCH 29, 2012 4035 Property Records #09137 and 09135, respectively ("the property") 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 under the custody of the Georgia Department of Juvenile Justice and was the McIntosh Youth Development Center; (4) The Board of Juvenile Justice has determined that closing the McIntosh Youth Development Center will result in budgetary savings with improved service, outstanding general bonds and debt service remains on the property, and on December 8, 2011, declared the improved property surplus to its needs and does not object to it being surplused to the Coastal Regional Commission; (5) The Coastal Regional Commission is a state entity; (6) The Coastal Regional Commission on November 16, 2011, authorized an acquisition or lease of the property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Mitchell County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 356 of the 10th District, Mitchell County, Georgia, and being made up of approximately 1.50 acres in a deed dated December 29, 1994, recorded in Deed Book 400, Pages 106-108 in the Office of the Clerk of Superior Court of Mitchell County, a copy of which is on file as Real Property Record #10961 in the offices of the State Properties Commission, and as described on a plat dated June 6, 1994, and revised June 21, 1994, prepared for the Development Authority of the City of Camilla by Larry W. Grogan, Georgia Registered Land Surveyor No. 1649, a copy of which is recorded in Plat Book 24, Page 207 in the Office of the Clerk of Superior Court of Mitchell County; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Camilla Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Montgomery County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 1757 of Montgomery County and is more particularly described as a total of approximately 1.5 acres on a plat of survey dated October 19, 1956, recorded in Deed Book 46, Page 248, and recorded originally in a deed with reversionary clause dated October 20, 1956, in Deed Book 46, Pages 249-250, and in a deed dated December 14, 1962, in which the reversionary clause was removed, recorded in Deed Book 51, Page 4036 JOURNAL OF THE SENATE 264 in the Office of the Clerk of Superior Court of Montgomery County, a copy of which is on file as Real Property Records #00987.01 and 00987.02 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 under the custody of the State Forestry Commission and was the Montgomery Subunit; (4) The State Forestry Commission has determined that a building constructed in 1971 on the property has outlived its economic life, and that closing the Montgomery Subunit will result in budgetary savings with minimal impact of service to the county, and on June 24, 2010, declared the improved property surplus to its needs; (5) Montgomery County is desirous of acquiring the property from the state for $10.00 with the stipulation that the property only be used for public purpose, and the county is willing to be responsible for the operating costs, maintenance, and needed facility renovations, and to allow the GFC to keep personnel and equipment at that location at no cost other than those associated with the State Forestry Commission's personnel and fire equipment; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Muscogee County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 59 of the 9th District of Muscogee County and containing approximately 0.054 of one acre to be conveyed at the intersection of Transport Boulevard and Cargo Drive, Columbus, Georgia, as more particularly described as that area highlighted in yellow on a May 6, 2009, drawing entitled "MAINLINE PLAN, CARGO DRIVE AT TRANSPORT BOULEVARD" in Muscogee County, Drawing Number 13-02, Project Number PRC 105008-00(525), and being on file in the offices of the State Properties Commission; and may be more particularly described on an engineered drawing prepared by Jordon Jones & Goulding, and presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The Columbus Consolidated Government is improving the road as a part of Project PRC 10-5008-00(525), Muscogee County; (5) The Columbus Consolidated Government requires that the above-described property be owned in the name of the Columbus Consolidated Government and will acquire the property from the state for consideration of improving ingress and egress safety to the site by constructing a traffic circle; (6) The State Board of the Technical College System of Georgia, at its meeting of June 2, 2011, authorized the conveyance of the above-described properties to the Columbus Consolidated Government; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in THURSDAY, MARCH 29, 2012 4037 Muscogee County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lot 34 of the 9th Land District, Muscogee County, and is more particularly described as a total of approximately 3.1 acres, 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 #05084 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 under the custody of the State Forestry Commission; (4) The State Forestry Commission is consolidating its activities around this state and has determined that the activities performed at the above-described property should be consolidated with the Harris-Talbot County location; (5) The State Forestry Commission declared the improved property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Polk County, Georgia; (2) Said real property is all that parcel or tract lying and being in Land Lots 733, 734, 779, and 780 of the 2nd Land District of the 4th Section of Polk County and is more particularly described as 12 acres on a plat of survey in Plat Book N, Page 130, and recorded in a deed dated June 22, 1989, in Deed Book 415, Page 543 in the Office of the Clerk of Superior Court of Polk County, a copy of which is on file as Real Property Record #07819 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 under the custody of the Department of Corrections and was the site of the Cedartown State Prison, which has since been closed and on which outstanding General Obligation bonds principal and payments must be satisfied; (4) Department of Corrections has determined that a prison will not be operated at this site and the above-described property will no longer be needed by the Department, and the Board of Corrections declared the improved property surplus to its needs; (5) The City of Cedartown conveyed the property to the State for $1.00; (6) The Otis Nixon Foundation is a nonprofit organization aligned with the Department's Re-Entry programs for job placement and treatment of inmates released from state correctional facilities; (7) The Otis Nixon Foundation is desirous of leasing the property from this state for good and valuable consideration as determined by the State Properties Commission, including the provision of job placement and treatment services of former inmates for the Department of Corrections; and 4038 JOURNAL OF THE SENATE WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Quitman County, Georgia; (2) Said real property is all that parcel or tract lying and being on the south lot line of Lot 224, 21st District, Quitman County, and is more particularly described as a total of approximately 1.01 acres on a plat of survey recorded in Plat Book 1, Page 24, and which is 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 under the custody of the State Forestry Commission and was the Quitman County office of the Stewart Subunit; (4) The State Forestry Commission on October 29, 2011, declared the property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all those parcels or tracts lying and being in the City of Augusta, Richmond County, totaling approximately 0.28 of one acre on a plat of survey entitled "TELFAIR ST., SURVEY FOR STATE OF GEORGIA, 2 LOTS KNOWN AS 424 9TH ST AND 909-911 TELFAIR ST" dated June 24, 1961, prepared by Ralph A. Bennitt, Jr., Georgia Registered Land Surveyor No. 3177, on file in the offices of the State Properties Commission inventoried as Real Property Record #02822, and being more particularly described as all that parcel or tract being approximately 0.2197 of one acre recorded in a deed dated June 30, 1961, and being described in Deed Book V, Pages 41-49 from Wilmington Finance Co., Inc., as grantor to the State of Georgia as grantee for $86,500.00, recorded in the Office of the Clerk of Superior Court of Richmond County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #02822, and all that parcel or tract being approximately 0.0584 of one acre recorded in a deed dated June 30, 1961, and being described in Deed Book V, Pages 41-49 from Edgar E. Murrah as grantor to the State of Georgia as grantee for $15,000.00, recorded in the Office of the Clerk of Superior Court of Richmond County, a copy of which is on file in the offices of the State Properties Commission inventoried as Real Property Record #02822; (3) Said property is under the custody of the Technical College System of Georgia and was a library service for the blind known as Talking Books in Augusta; (4) By resolution dated February 2, 2012, the State Board of the Technical College System of Georgia declared this property surplus to its needs; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property totaling approximately 16.47 acres and is the lessee of a certain 5.80 acre parcel leased from Augusta-Richmond County located in Richmond County, Georgia; THURSDAY, MARCH 29, 2012 4039 (2) Said real property is all those parcels or tracts lying and being in the 87th Georgia Militia District, City of Augusta, Richmond County, totaling approximately 16.47 state owned acres on file in the offices of the State Properties Commission inventoried as Real Property Records #09278 through 09286, 10331, 09672, 09285, and 09109; and any assignable leasehold interest in the 5.8 acre lease; as shown on a plat of survey entitled "SURVEY FOR GEORGIA GOLF HALL OF FAME" dated April 15, 1997, prepared by Cranston, Robertson and Whitehurst, P.C., and recorded in the Office of the Clerk of Superior Court of Richmond County at Realty Reel 537, Page 710, a copy of which is on file in the offices of the State Properties Commission inventoried as State Properties Commission Record 838.15; (3) Said property is under the custody of the State Properties Commission of Georgia and is formerly known as the Georgia Golf Hall of Fame; (4) The Board of Regents of the University System of Georgia, an institution of the State of Georgia in accordance with O.C.G.A. 20-3-20, in March, 2012, approved the acquisition of this property from the State of Georgia, acknowledged that this state previously issued General Obligation bonds for the purpose of financing some or all of the facilities, and the board acknowledged that it shall not take, nor fail to take, any action which would cause such tax exempt bonds to be deemed private activity bonds or arbitrage bonds under the tax code and shall not use the property for any nongovernmental purpose, or any purpose that would give rise to private business use, within the meaning of the tax code; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Richmond County, Georgia; (2) Said real property is all that parcel or tract lying and being in Georgia Militia District 123, known as Circular Court, Richmond County, Georgia, and is more particularly described as approximately 7.4 acres on a survey dated July 20, 1966, prepared by Clarence Jones, 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 the Old Augusta Regional Youth Detention Center, now under the custody of the Department of Juvenile Justice; (4) The consolidated government of Augusta-Richmond County is desirous of acquiring the above-described property for public purpose; (5) The Commissioner of the Department of Juvenile Justice stated by letter that the above-described improved property is surplus to the needs of the department and will recommend to the Board of Juvenile Justice that the above-described property be approved as surplus; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Telfair County, Georgia; 4040 JOURNAL OF THE SENATE (2) Said real property is all that tract located in Land Lot 46, 9th District, City of Milan, Telfair County, Georgia, and is more particularly described on that drawing by Georgia Department of Corrections Engineering Services and Technical Support titled "Telfair County - Milan State Prison Properties" dated December 30, 2008, depicting Parcels A (approximately 0.835 of an acre), B (approximately 1.071 acre), and C (approximately 0.320 of an acre), totaling approximately 2.226 acres, 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) Milan State Prison has now outlived its intended use and Parcels A, B, and C are under the custody of the Department of Corrections; (4) Milan State Prison was declared surplus by the Board of Corrections on January 6, 2009; (5) By resolution dated August 1, 2011, the City of Milan has agreed to purchase the three parcels for $10,000.00; and WHEREAS: (1) The State of Georgia is the owner of certain parcels of real property located in Ware County, Georgia; (2) Said real property is all that tract or parcel lying and being in Land Lot 168 of the 8th District of Ware County and containing approximately 0.009 of one acre to be conveyed along the corner of Carswell Avenue and George Street, Waycross, Georgia, as more particularly described as that area highlighted in red on a September 30, 2011, drawing entitled "Proposed Property Acquisition for George Street Improvements" prepared by the Engineering Division of the City of Waycross, Ware County, Georgia, and being presented to the State Properties Commission for approval; (3) Said property is under the custody of the Technical College System of Georgia; (4) The City of Waycross is improving the road as a part of a Department of Transportation Local Maintenance and Improvement Grant (LMIG); (5) The City of Waycross requires that the above-described property be owned in the name of the City of Waycross and will acquire the property from the state for consideration of improving traffic safety, turning radius, and storm-water drainage; (6) The State Board of the Technical College System of Georgia, at its meeting of November 1, 2011, authorized the conveyance of the above-described properties to the City of Waycross; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Washington County, Georgia; (2) Said real property is all those tracts or parcels of land lying and being in the City of Sandersville facing north on Highway 242, containing approximately 2.583 acres as described in that deed dated November 1, 1955, inventoried as Real Property Record #01410, and on file in the offices of the State Properties Commission, and may be more THURSDAY, MARCH 29, 2012 4041 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 Sandersville Armory, now under the custody of the Department of Defense; (4) The City of Sandersville is desirous of acquiring the above-described property for public purpose, including government functions either directly provided by the City or contracted to/through the city for such public use; (5) By letter dated December 1, 2011, the Adjutant General stated that the abovedescribed improved property is surplus to the needs of the department, that there are no outstanding General Obligation bonds on this project, and recommended conveyance to the City of Sandersville to be used for public purpose; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Wayne County, Georgia; (2) Said real property is all that parcel or tract lying and being Tracts 1 and 2 on a plat dated July 15, 1949, prepared by G. M. Harrington, C. E., Wayne County, and is more particularly described as that approximately 1.6787 acres and 4.875 acres as described in that deed dated October 4, 1949, and being found in Deed Book 65, Pages 97-100 in the Office of the Clerk of Superior Court of Wayne County, a copy of which is on file as Real Property Record #01411 in the offices of the State Properties Commission; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Jesup Farmers Market, District Office, and associated buildings; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in White County, Georgia; (2) Said real property is all that parcel or tract lying and being Land Lot 130 of the 3rd District of White County and is more particularly described as approximately 27 acres on a plat dated December, 1967, as prepared by Farley Collins, Georgia registered land surveyor, and recorded in Plat Book 3, Page 117 on May 6, 1968, in the Office of the Clerk of Superior Court of White County, a copy of which is on file as Real Property Record #06445 in the offices of the State Properties Commission and being recorded in a deed dated June 13, 1968, and recorded in Deed Book XII, Pages 161-162 in the Office of the Clerk of Superior Court of White County, a copy of which is on file as Real Property Record #03924 in the offices of the State Properties Commission; (3) Said property is under the custody of the Department of Natural Resources and is part of Outdoor Therapeutic Center, White County; (4) The State Board of Natural Resources on February 29, 2012, declared this property 4042 JOURNAL OF THE SENATE surplus to the needs of the department; and WHEREAS: (1) The State of Georgia is the owner of a certain parcel of real property located in Whitfield County, Georgia; (2) Said real property is all that tract or parcel of land lying and being in Land Lot 144 of the 12th District, Whitfield County, Georgia, and being made up of approximately 0.55 of one acre in a deed dated August 19, 1997, recorded in Deed Book 2879, Pages 200202 in the Office of the Clerk of Superior Court of Whitfield County, a copy of which is on file as Real Property Record #09097 in the offices of the State Properties Commission, and as described on a survey prepared for Whitfield County by Allied Surveying, Inc., more particularly Donald O. Babb, Georgia Registered Land Surveyor No. 2029, a copy of which is recorded in Plat Cabinet C, Slide 1579, in the Office of the Clerk of Superior Court of Whitfield County; (3) Said property is under the custody of the Georgia Department of Agriculture and was known as Dalton Poultry Veterinary Diagnostic Lab; (4) The Georgia Department of Agriculture, as a result of consolidating operations, has declared this property surplus to its needs, and closed the facility; (5) The Commissioner for the Georgia Department of Agriculture on January 9, 2012, authorized the surplusing of this property. NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: ARTICLE I SECTION 1. That the State of Georgia is the owner of the above-described real property in 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 its State Properties Commission, is authorized to amend the lease with a nonexclusive appurtenant easement for the duration of the lease term to construct and operate on 0.44 of an acre as described above wastewater system improvements for use by Riverbend Prison, and, for only maintenance cost of the new equipment, additional use by Baldwin State Prison for the term of the lease, and such further terms and conditions as determined by the State Properties Commission to be in the best interest of the State of Georgia. SECTION 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. THURSDAY, MARCH 29, 2012 4043 SECTION 4. That the amended lease shall be recorded by The GEO Group, Inc., as 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 three years after the date this resolution becomes effective. ARTICLE II SECTION 6. That the State of Georgia is the owner of the above-described real property in Bartow County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 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, by competitive bid for fair market value or to a local government or state entity for 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 convey the above-described property interest 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 conveyance. SECTION 10. That the deed of conveyance shall be recorded by the Grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 11. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed. ARTICLE III SECTION 12. That the State of Georgia is the owner of the above-described real property in Bibb County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. 4044 JOURNAL OF THE SENATE 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, 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 effect such conveyance. SECTION 16. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Bibb County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 17. That custody of the above-described property interest shall remain under the Georgia Department of Economic Development until the property is conveyed. ARTICLE IV SECTION 18. That the State of Georgia is the owner of the above-described real property in Carroll 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 to the Carroll County Board of Commissioners by the State Properties Commission with the Heritage Preserve designation removed as requested by the department and authorized by the General Assembly in Act 232 and recorded in the Clerk of Superior Court of Carroll County, and a conservation easement restricting the property to use as a public park with additional but limited recreational development allowed, and annual monitoring by the state of the conservation easement. If in the future the county determines that it is in the best interest of the county or local government, fee simple title to the property may, if authorized by the department and the State Properties Commission, revert back to the state. Additional consideration by the county would be payment of currently remaining General Obligation bonds and interest on the property and purchase of personal property at the park. The conveyance will be by appropriate instrument by the State of Georgia, acting by and THURSDAY, MARCH 29, 2012 4045 through its State Properties Commission, and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. SECTION 20. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date 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 effect such conveyance. SECTION 22. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Carroll County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 23. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed. ARTICLE V SECTION 24. That the State of Georgia is the owner of the above-described real property in Clay 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 25. That the above-described property may be leased to Clay County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for an initial term of five years with a five-year renewal term, and the consideration for such lease shall be $10.00, the use of the tower shall retained for the State of Georgia and the State Forestry Commission, and the requirement that the property be 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 26. That the authorization in this resolution to lease 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 effect such conveyance. 4046 JOURNAL OF THE SENATE SECTION 28. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Clay 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 under the State Forestry Commission. ARTICLE VI SECTION 30. That the State of Georgia is the owner of the above-described real properties located in Clinch County and that in all matters relating to the granting of the nonexclusive easement on the real property easement area and of the conveyance of the conveyance area, the State of Georgia is acting by and through its State Properties Commission. SECTION 31. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such nonexclusive easement and such fee simple conveyance by appropriate instruments for the State of Georgia, including the execution of all necessary documents. SECTION 32. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the purpose of the US Highway 441 widening project. That, after the Georgia Department of Transportation has put into use the road improvements this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing their facilities from the easement area or leaving the same in place, in which event the road improvements shall become the property of the State of Georgia, or its successors and assigns. SECTION 33. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation. THURSDAY, MARCH 29, 2012 4047 SECTION 34. That if the State of Georgia, acting by and through its State Properties Commission, determines that any or all of the facilities placed on the easement area should be removed or relocated to an alternate site on state owned land in order to avoid interference with this state's use or intended use of the easement area, it may grant a substantially equivalent nonexclusive easement to allow placement of the removed or relocated facilities across the alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia, and Georgia Department of Transportation shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and approves payment by the State of Georgia of all or a portion of such actual cost and expense, not to exceed by 20 percent the amount of a written estimate provided by Georgia Department of Transportation. Upon written request, the State Properties Commission, in its sole discretion, may permit the relocation of the facilities to an alternate site on state owned land so long as the removal and relocation is paid by the party or parties requesting such removal and at no cost and expense to the State of Georgia. If an easement is relocated for any reason, the State Properties Commission is authorized to convey by quitclaim deed the state's interest in the former easement area. SECTION 35. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area, so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 36. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, or of a county with respect to the county road system or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 37. That the consideration for such easement and such conveyance shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 4048 JOURNAL OF THE SENATE SECTION 38. That the nonexclusive easement and the conveyance deed shall be recorded by the Georgia Department of Transportation in the Superior Court of Clinch County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 39. That the authorization to issue the above-described documents shall expire three years after the date this resolution becomes effective. SECTION 40. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed. ARTICLE VII SECTION 41. That the State of Georgia is the owner of the above-described property in Coffee 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 42. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 43. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 44. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 45. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Coffee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 46. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed. THURSDAY, MARCH 29, 2012 4049 ARTICLE VIII SECTION 47. That the State of Georgia is the owner of the above-described real property in Dade County and that in all matters relating to the exchange of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 48. That the State of Georgia acting by and through its State Properties Commission is authorized to convey the above-described 0.683 of an acre property to Dade County in exchange for Dade County conveying to the State of Georgia the three-acre property and cancellation of the lease on the three acres; 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 49. That the authorization in this resolution to convey the above-described easement shall expire three years after the date this resolution becomes effective. SECTION 50. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 51. That the exchanged deeds for these properties shall be recorded by the county in the Superior Court of Dade County and a recorded copy of each deed shall be forwarded to the State Properties Commission. SECTION 52. That the above-described 0.683 of an acre property shall remain under the custody of the State Forestry Commission until that property is conveyed. ARTICLE IX SECTION 53. That the State of Georgia is the owner of the above-described real property in Decatur 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 54. 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 the City of Bainbridge for a consideration of $10.00 so long as the property is used for public purpose and the payment of outstanding General Obligation bonds and interest or other 4050 JOURNAL OF THE SENATE payments, or by competitive bid for fair market value, or to a local government or state entity for 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 55. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 56. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 57. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Decatur County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 58. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed. ARTICLE X SECTION 59. That the State of Georgia is the owner of the above-described real property in Dodge 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 60. 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 the EastmanDodge County Regional Development Authority for a consideration of $10.00, so long as the property is used for public purpose, and payment of applicable outstanding General Obligation bonds and interest, or by competitive bid for fair market value or to a local government or state entity for 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 61. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. THURSDAY, MARCH 29, 2012 4051 SECTION 62. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 63. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dodge County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 64. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed. ARTICLE XI SECTION 65. That the State of Georgia is the owner of the above-described property in Dougherty County and that in all matters relating to the conveyance of the real property, the State of Georgia is acting by and through its State Properties Commission. SECTION 66. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 67. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 68. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 69. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 70. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed. 4052 JOURNAL OF THE SENATE ARTICLE XII SECTION 71. That the State of Georgia is the owner of the above-described real property in Dougherty County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 72. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission as a sale to the Georgia Department of Transportation for 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 73. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 74. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 75. That the deed of conveyance shall be recorded by the Georgia Department of Transportation as grantee in the Superior Court of Dougherty County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 76. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed. ARTICLE XIII SECTION 77. That the State of Georgia is the owner of the above-described real property in Early County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 78. 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 the Early County Board of Commissioners for a consideration of $10.00 so long as the property is used for public purpose and the payment of outstanding General Obligation bonds and interest, or by competitive bid for fair market value or to a local government or state THURSDAY, MARCH 29, 2012 4053 entity for 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 79. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 80. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 81. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Early County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 82. That custody of the above-described property shall remain under the Department of Juvenile Justice until the property is conveyed. ARTICLE XIV SECTION 83. That the State of Georgia is the owner of the above-described real property in Floyd 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 84. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid or to a local government or state entity 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 85. 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 86. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 87. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Floyd County and a recorded copy shall be forwarded to the State Properties Commission. 4054 JOURNAL OF THE SENATE SECTION 88. That custody of the above-described property interest shall remain under the Department of Behavioral Health and Developmental Disabilities until the property is conveyed. ARTICLE XV SECTION 89. That the State of Georgia is the owner of the above-described property in Franklin 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 90. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 91. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 92. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 93. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Franklin County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 94. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed. ARTICLE XVI SECTION 95. That the State of Georgia is the owner of the above-described real property located in Gwinnett 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 96. That the State of Georgia, acting by and through its State Properties Commission, is authorized to amend the term of the lease to expire July 28, 2037, for the consideration of THURSDAY, MARCH 29, 2012 4055 the continuation of services to the public provided by Creative Enterprises, Inc., at no cost to this state, 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 97. 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 98. That the amended lease shall be recorded by Creative Enterprises, Inc., as lessee in the Superior Court of Gwinnett County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 99. That the authorization to lease the above-described property shall expire three years after the date this resolution becomes effective. ARTICLE XVII SECTION 100. That the State of Georgia is the owner of the above-described real property in Habersham 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 101. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 102. 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 103. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 104. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission. 4056 JOURNAL OF THE SENATE SECTION 105. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed. ARTICLE XVIII SECTION 106. That the State of Georgia is the owner of the above-described property in Habersham 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 107. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 108. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 109. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 110. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Habersham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 111. That custody of the above-described property shall remain under the Department of Agriculture until the property is conveyed. ARTICLE XIX SECTION 112. That the State of Georgia is the owner of the above-described real property in Macon 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. THURSDAY, MARCH 29, 2012 4057 SECTION 113. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 114. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 115. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 116. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 117. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed. ARTICLE XX SECTION 118. That the State of Georgia is the owner of the above-described real property in Macon 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 119. 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 the City of Montezuma for a consideration of $10.00 so long as the property is used for public purpose, and payment of applicable outstanding General Obligation bonds and interest, or by competitive bid for fair market value or to a local government or state entity for 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 120. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. 4058 JOURNAL OF THE SENATE SECTION 121. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 122. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Macon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 123. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed. ARTICLE XXI SECTION 124. That the State of Georgia is the owner of the above-described real property in Madison 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 125. That the above-described property may be conveyed to Madison County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for $10.00 with public purpose use, 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 126. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 127. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 128. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Madison County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 129. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed. THURSDAY, MARCH 29, 2012 4059 ARTICLE XXII SECTION 130. That the State of Georgia is the owner of the above-described real property in McIntosh 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 131. That the above-described property may be leased or conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, to a local government or state entity, 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 132. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 133. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 134. That the deed of conveyance shall be recorded by the grantee in the Superior Court of McIntosh County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 135. That custody of the above-described property interest shall remain under the Department of Juvenile Justice until the property is conveyed. ARTICLE XXIII SECTION 136. That the State of Georgia is the owner of the above-described real property in Mitchell County and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 137. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. 4060 JOURNAL OF THE SENATE SECTION 138. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 139. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 140. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Mitchell County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 141. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed. ARTICLE XXIV SECTION 142. That the State of Georgia is the owner of the above-described real property in Montgomery 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 143. That the above-described property may be conveyed to Montgomery County by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, for $10.00 with public purpose use, 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 144. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 145. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 146. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Montgomery County and a recorded copy shall be forwarded to the State Properties Commission. THURSDAY, MARCH 29, 2012 4061 SECTION 147. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed. ARTICLE XXV SECTION 148. 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 149. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission as a sale to the Columbus Consolidated Government for 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 150. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 151. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 152. That the deed of conveyance shall be recorded by the Columbus Consolidated Government as grantee in the Superior Court of Muscogee County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 153. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed. ARTICLE XXVI SECTION 154. 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 155. That the above-described property may be conveyed by appropriate instrument by the State of Georgia acting by and through its State Properties Commission by competitive 4062 JOURNAL OF THE SENATE bid for fair market value or to a local government or state entity for 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 156. 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 157. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 158. 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 159. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed. ARTICLE XXVII SECTION 160. That the State of Georgia is the owner of the above-described real property in Polk 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 161. That the above-described improved property may be leased for a term of up to ten years by appropriate instrument from the State of Georgia, acting by and through its State Properties Commission, to the Otis Nixon Foundation for good and valuable consideration as determined by the State Properties Commission, including satisfaction of all bond obligations and provision of job placement and treatment services of former inmates for the Department of Corrections 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 162. 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 163. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such ground lease. THURSDAY, MARCH 29, 2012 4063 SECTION 164. That the ground lease shall be recorded by the grantee in the Superior Court of Polk County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 165. That custody of the above-described property shall remain under the Georgia Department of Corrections during the ground lease term. ARTICLE XXVIII SECTION 166. That the State of Georgia is the owner of the above-described real property in Quitman 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 167. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 168. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 169. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 170. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Quitman County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 171. That custody of the above-described property interest shall remain under the State Forestry Commission until the property is conveyed. ARTICLE XXIX SECTION 172. 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. 4064 JOURNAL OF THE SENATE SECTION 173. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 174. 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 175. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 176. That the deed of conveyance 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 177. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed. ARTICLE XXX SECTION 178. That the State of Georgia is the owner and lessee respectively of the above-described real property in Richmond County and that in all matters relating to the conveyance of the real property or real property interest respectively the State of Georgia is acting by and through its State Properties Commission. SECTION 179. 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 the Board of Regents of the University System of Georgia for 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 180. 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. THURSDAY, MARCH 29, 2012 4065 SECTION 181. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 182. That the deed of conveyance 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 183. That custody of the above-described property interest shall remain under the State Properties Commission of Georgia until the property is conveyed. ARTICLE XXXI SECTION 184. 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. SECTION 185. 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 the Consolidated Government of Augusta-Richmond County for a consideration of $10.00 so long as the property is used for public purpose, or by competitive bid for fair market value or to a local government or state entity for satisfaction of all bond obligations and other 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 186. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 187. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 188. That the deed of conveyance 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 189. That custody of the above-described property shall remain under the Department of Juvenile Justice until the property is conveyed. 4066 JOURNAL OF THE SENATE ARTICLE XXXII SECTION 190. That the State of Georgia is the owner of the above-described Telfair County real property and that in all matters relating to the conveyance of the real property the State of Georgia is acting by and through its State Properties Commission. SECTION 191. That the above-described approximately 2.226 acres of real property may be conveyed to the City of Milan for the fair market value consideration of $10,000.00, or by competitive bid or to a local government or state entity 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 192. That the authorization in this resolution to sell the above-described property shall expire three years after the date this resolution becomes effective. SECTION 193. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 194. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Telfair County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 195. That custody of the above-described properties shall remain under the Department of Corrections until the property is conveyed. ARTICLE XXXIII SECTION 196. 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 197. 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 the City of Waycross for $10.00 and such further consideration and provisions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. THURSDAY, MARCH 29, 2012 4067 SECTION 198. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 199. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 200. That the deed of conveyance shall be recorded by the City of Waycross as grantee in the Superior Court of Ware County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 201. That custody of the above-described property interest shall remain under the Technical College System of Georgia until the property is conveyed. ARTICLE XXXIV SECTION 202. That the State of Georgia is the owner of the above-described real property in Washington 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 203. 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 the City of Sandersville for a consideration of $10.00, so long as the property is used for public purpose, and payment of the amount of applicable outstanding General Obligation bonds and interest on the property. SECTION 204. That the authorization in this resolution to convey the above-described property shall expire three years after the date this resolution becomes effective. SECTION 205. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 206. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Washington County and a recorded copy shall be forwarded to the State Properties Commission. 4068 JOURNAL OF THE SENATE SECTION 207. That custody of the above-described property shall remain under the Department of Defense until the property is conveyed. ARTICLE XXXV SECTION 208. That the State of Georgia is the owner of the above-described real property in Wayne 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 209. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 210. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 211. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 212. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Wayne County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 213. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed. ARTICLE XXXVI SECTION 214. That the State of Georgia is the owner of the above-described real property in White 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 215. That the above-described property may be conveyed by appropriate instrument by the State of Georgia acting by and through its State Properties Commission by competitive THURSDAY, MARCH 29, 2012 4069 bid for fair market value or to a local government or state entity for 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 216. 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 217. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. SECTION 218. That the deed of conveyance shall be recorded by the grantee in the Superior Court of White County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 219. That custody of the above-described property interest shall remain under the Georgia Department of Natural Resources until the property is conveyed. ARTICLE XXXVII SECTION 220. That the State of Georgia is the owner of the above-described real property in Whitfield 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 221. That the above-described property may be conveyed by appropriate instrument by the State of Georgia, acting by and through its State Properties Commission, by competitive bid for fair market value or to a local government or state entity for 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 222. That the authorization in this resolution to convey the above-described property interest shall expire three years after the date this resolution becomes effective. SECTION 223. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect such conveyance. 4070 JOURNAL OF THE SENATE SECTION 224. That the deed of conveyance shall be recorded by the grantee in the Superior Court of Whitfield County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 225. That custody of the above-described property interest shall remain under the Georgia Department of Agriculture until the property is conveyed. ARTICLE XXXVIII SECTION 226. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. SECTION 227. That all laws and parts of laws in conflict with this resolution are repealed. Senators Grant of the 25th, Ginn of the 47th, Wilkinson of the 50th and Jeffares of the 17th offered the following amendment #1: Amend HR 1376 sub (LC 35 2669S) by striking on line 352 the word "Maulding" and replacing with "A. T. Mauldin" On the adoption of the amendment, there were no objections, and the Grant, et al. amendment #1 to the committee substitute was adopted. The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended. On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Crane Crosby Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Y Hooks Y Jackson, B E Jackson, L James Y Jeffares Y Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate THURSDAY, MARCH 29, 2012 4071 Y Davenport Y Davis Y Fort Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 47, nays 0. HR 1376, having received the requisite constitutional majority, was adopted by substitute. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has disagreed to the Senate substitutes to the following Bills of the House: HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th: A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4072 JOURNAL OF THE SENATE The House has agreed to the Senate amendment to the following Bill of the House: HB 1041. By Representatives Battles of the 15th and Coomer of the 14th: A BILL to be entitled an Act to amend an Act providing for the Board of Education of Bartow County, approved March 30, 1987 (Ga. L. 1987, p. 4915), as amended, particularly by an Act approved April 18, 2002 (Ga. L. 2002, p. 3999), so as to change the description of the education districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 332. By Senators Ligon, Jr. of the 3rd, McKoon of the 29th, Loudermilk of the 52nd, Albers of the 56th, Hill of the 32nd and others: 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 tax, so as to expand the matters which are included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds; to provide for enforcement actions by the Attorney General; to provide for related matters; to repeal conflicting laws; and for other purposes. The House insists on its position in substituting the following Bill of the Senate: SB 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4073 Mr. President: The House has agreed to the Senate substitutes to the following Bills of the House: HB 100. By Representatives Peake of the 137th, Williams of the 4th, Lindsey of the 54th, Knight of the 126th, Abrams of the 84th and others: A BILL to be entitled an Act to amend Titles 15, 9, 48, and 50 of the Official Code of Georgia Annotated, relating, respectively, to courts, civil practice, revenue and taxation, and state government, so as to create the Georgia Tax Court as a pilot project of limited duration under Article VI, Section I, Paragraph X of the Georgia Constitution; to provide for effective dates; to provide for applicability; to repeal conflicting laws; and for other purposes. HB 822. By Representatives Lindsey of the 54th, Lane of the 167th, Atwood of the 179th, Oliver of the 83rd and Dollar of the 45th: A BILL to be entitled an Act to amend Chapter 3 of Title 23 and Chapter 4 of Title 49 of the O.C.G.A., relating to equitable remedies and proceedings generally and public assistance, respectively, so as to comprehensively address the submission of false claims to the state, the Georgia Medicaid program, and local governments; to enact the "Georgia Taxpayer Protection False Claims Act"; to substantially revise the "State False Medicaid Claims Act"; to change and provide for definitions; to change the elements of false or fraudulent Medicaid claims; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1198. By Representatives Meadows of the 5th, Houston of the 170th, Smith of the 131st, Hembree of the 67th, Coleman of the 97th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 7 of Title 19 of the Official Code of Georgia Annotated, relating to general provisions for parent and child relationships generally, so as to modify provisions relating to grandparent visitation rights; to provide for an opportunity to seek grandparent visitation in cases where the parent is deceased, incapacitated, or incarcerated or otherwise unable to exercise his or her discretion regarding a decision to permit grandparent visitation; to provide for related matters; to repeal conflicting laws; and for other purposes. 4074 JOURNAL OF THE SENATE The House has agreed to the Senate amendments to the following Bill of the House: HB 1176. By Representatives Golick of the 34th, Neal of the 1st, Willard of the 49th, Lindsey of the 54th, Oliver of the 83rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 15 and Title 16 of the O.C.G.A., relating to general provisions relative to courts and crimes and offenses, respectively, so as to enact provisions recommended by the 2011 Special Council on Criminal Justice Reform for Georgians and enact other criminal justice reforms; to amend Title 17 of the O.C.G.A., relating to criminal procedure, so as to extend certain statutes of limitations; to amend Code Section 19-7-5 of the O.C.G.A, relating to reporting of child abuse, so as to expand mandatory reporting requirements; to amend Article 2 of Chapter 3 of Title 35 of the O.C.G.A., relating to the Georgia Crime Information Center, so as to change provisions relating to inspection, purging, modifying, or supplementing of criminal records; to amend Title 42 of the O.C.G.A, relating to penal institutions, so as to provide for the use of evidence based practices in supervising inmates, probationers, and parolees; to amend certain Titles of the O.C.G.A., so as to conform provisions and correct cross-references. At 12:23 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 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 1208 Do Pass by substitute Respectfully submitted, Senator Miller of the 49th District, Chairman The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar, was put upon its passage: THURSDAY, MARCH 29, 2012 4075 SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR Thursday March 29, 2012 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) SB 516 Carter of the 1st Jackson of the 2nd CHATHAM COUNTY A BILL to be entitled an Act to amend an Act making provisions for the Magistrate Court of Chatham County and abolishing the Magistrate Court of Savannah, approved March 21, 1984 (Ga. L. 1984, p. 4422), as amended, particularly by an Act approved March 19, 1987 (Ga. L. 1987, p. 4222), so as to provide for the collection of additional costs as law library fees; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 823 Jones of the 10th Jeffares of the 17th HENRY COUNTY A BILL to be entitled an Act to abolish the office of elected county surveyor of Henry County; to provide for the appointment of a county surveyor; to provide for contingent effective dates; to repeal conflicting laws; and for other purposes. HB 905 Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Tippins of the 37th COBB COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for 4076 JOURNAL OF THE SENATE submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE The substitute to the following bill was put upon its adoption: *HB 905: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 905: A BILL TO BE ENTITLED AN ACT To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), is amended by revising Sections 1 through 4 as follows: "SECTION 1. The Board of Commissioners of Cobb County which exists on January 1, 2013, is continued in existence but on and after such date, shall be constituted as provided in this Act. The Board of Commissioners of Cobb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013. SECTION 2. (a) Those members of the Board of Commissioners of Cobb County who are serving as such immediately prior to January 1, 2013, and any persons selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of their THURSDAY, MARCH 29, 2012 4077 respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2013, the Board of Commissioners of Cobb County shall consist of five members who shall be elected from commissioner districts described in subsection (b) of this section except for the chairperson who is elected at large as provided in Section 3. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Cobb County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cobbcc-sd021-p1-2012 Plan Type: Loca1 Administrator: cobbcc User: bak'. (c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Cobb County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Cobb County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person 4078 JOURNAL OF THE SENATE elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The chairperson of the board may reside anywhere within Cobb County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant. SECTION 4. (a) The first members of the reconstituted Board of Commissioners of Cobb County shall be elected as provided in this subsection. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in November, 2012, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1 and 3 in November, 2014, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1 through 4, as they exist immediately prior to January 1, 2013, shall continue to be designated as Commissioner Districts 1 through 4, respectively, but as newly described under this Act, and on and after January 1, 2013, members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." SECTION 2. The Board of Commissioners of Cobb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. THURSDAY, MARCH 29, 2012 4079 SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Cobb County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: cobbcc-sd021-p1-2012 Plan Type: Local Administrator: cobbcc User: bak District 001 Cobb County VTD: 067AC1A - ACWORTH 1A 030101: 2057 2058 2059 3017 3018 3019 3020 3021 3027 3028 3029 3030 3031 4000 4001 4002 4003 4004 4005 4008 4010 4013 4015 4016 030214: 2001 2002 2004 2005 2007 2011 2012 2013 2015 2016 VTD: 067AC1B - ACWORTH 1B 030101: 2001 2003 2004 2010 2022 2023 2024 2025 2026 2027 2033 2035 2037 2039 2040 2041 2042 2043 2044 2045 VTD: 067BG01 - BIG SHANTY 01 030228: 2026 2027 2040 030229: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1053 030230: 1041 1044 1050 1051 1052 1053 1054 1055 1056 1070 1071 1072 1073 1074 1075 1076 1086 1091 1092 1093 2000 2003 2004 2005 2015 2017 2021 2022 2023 2029 030601: 1034 1035 3000 3001 3002 3003 3004 3005 3006 3010 3012 3089 VTD: 067CA01 - CHATTAHOOCHEE 01 030344: 2001 2002 2003 2007 2009 2010 2011 030345: 4080 JOURNAL OF THE SENATE 1013 1014 1020 1060 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067DI01 - DOBBINS 01 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1018 1035 1046 1047 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1027 1029 1030 2005 2009 2017 2018 2020 2021 2022 2027 2029 2030 2031 2032 2058 2059 2060 2061 2062 2063 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1005 1015 1016 031114: 2002 2005 VTD: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01 030506: 1088 1090 1091 1093 1094 1095 1096 1098 1102 1103 1107 1123 1125 1126 1127 1128 1129 1131 1132 030601: 1029 1030 1032 1033 1040 3007 3008 3009 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3037 3041 3049 3050 3051 3052 3053 3054 3055 3056 3057 3063 3064 3065 3066 3067 THURSDAY, MARCH 29, 2012 3068 3069 3070 3072 3073 3077 3079 3082 3083 3085 3086 3088 3090 030602: 1000 1011 1014 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2013 2028 2066 3001 3002 3003 3004 3005 3011 VTD: 067FO05 - FAIR OAKS 05 030902: 2026 2027 2028 2029 2034 031001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1033 1035 VTD: 067FO06 - FAIR OAKS 06 030800: 3040 3045 030901: 1009 2002 2012 2014 2017 4015 4021 5001 5003 5005 5006 5017 5021 5022 5024 5025 5026 5031 5032 5033 5036 5037 5038 5040 030902: 1035 1036 1037 2000 2001 2002 2004 2005 2006 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 2032 2035 2037 2038 030904: 1010 1012 1013 1014 1015 1018 1020 1022 2003 2005 2009 2012 2014 2015 2020 2023 2024 2025 2026 2027 2028 2030 3005 3006 3012 3013 3015 3016 3017 3018 3019 4007 4009 4011 4012 030905: 1000 1001 1006 2000 2001 031002: 1000 1001 1002 1003 1004 1005 1006 1012 1013 4000 4002 4004 4010 4011 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 VTD: 067KE2A - KENNESAW 2A 030229: 1031 1032 1033 1035 1036 1048 1049 1052 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1040 1042 1043 1045 1046 1047 1048 1049 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1083 1085 1098 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 2025 2027 VTD: 067KE2B - KENNESAW 2B 030214: 4081 4082 JOURNAL OF THE SENATE 3000 3002 3009 3024 3025 030215: 1000 1004 1006 1007 1010 1011 1012 1014 1020 1021 1022 1024 1027 2000 2004 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2027 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4019 4020 4021 4022 4023 4025 4026 4027 4031 4032 4034 4035 4039 4041 4042 030230: 1000 1002 1003 1006 1034 1036 1037 1038 1089 1090 VTD: 067KE5A - KENNESAW 5A 030215: 2001 2002 2003 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MR1A - MARIETTA 1A 030344: 2006 2015 2016 2018 2019 2032 2033 030345: 1007 1015 1016 1017 1019 1021 1043 1044 1045 030414: 1001 1002 1025 1026 1028 2001 2002 2003 2004 2008 2011 2012 2023 2033 2034 2038 2039 2045 2050 2051 2052 2053 2054 2055 2056 2057 2065 030800: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 2020 2021 2023 2026 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2047 2048 2050 2051 2052 2053 2054 3000 3001 3011 3012 3018 3019 3023 3025 3028 3029 3030 3042 3050 3051 031001: 2000 2004 2007 2026 2079 2080 2083 2084 2085 2086 2088 2090 2091 2092 2093 2094 2095 2096 2097 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 031114: THURSDAY, MARCH 29, 2012 2000 2001 2009 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B 030904: 2031 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3014 4000 4001 4002 4003 4008 4013 4014 4015 4021 4022 4023 030905: 1002 1003 1005 031002: 4001 4003 VTD: 067MR2C - MARIETTA 2C VTD: 067MR3A - MARIETTA 3A VTD: 067MR4B - MARIETTA 4B 030230: 1080 2037 2038 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2059 2063 2064 2065 2069 2071 2072 2073 030506: 1124 1130 1133 030601: 1039 3036 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3059 3060 3061 3062 3071 3076 3078 3080 3081 3084 3087 030602: 1019 1028 1030 1044 1045 1046 030700: 1006 1007 1008 1014 1015 1016 1017 1018 1034 2000 2001 2002 2003 2004 2005 VTD: 067MR4C - MARIETTA 4C VTD: 067MR4E - MARIETTA 4E VTD: 067MR5A - MARIETTA 5A VTD: 067MR5B - MARIETTA 5B 030502: 2042 2043 2044 2045 2046 2056 2057 2058 030504: 3000 3001 3002 3003 3004 3005 3008 3009 030506: 1089 1092 1097 1099 1100 1101 1104 1105 1106 1108 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1134 1135 1136 1137 1138 1139 030602: 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2038 2039 2044 2045 2046 2047 3012 3013 3014 3015 3016 3017 030700: 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3000 3001 4083 4084 JOURNAL OF THE SENATE 4005 VTD: 067MR6A - MARIETTA 6A 030411: 1000 2008 2011 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 067MR6C - MARIETTA 6C 030505: 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4028 4029 4030 4031 4032 030700: 4003 4013 4014 4031 4032 VTD: 067MR7A - MARIETTA 7A 030411: 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2004 2005 2006 2007 2009 2010 2012 030412: 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 2008 2010 2013 2014 2015 2016 2017 2018 2019 3000 3003 3005 3006 3010 3014 3020 3021 4000 4001 4002 4003 030414: 2006 2007 2010 2013 2014 2015 2016 2019 2024 2025 2026 2028 2035 2036 2037 2040 2041 2042 2043 2044 2046 2047 2048 2049 2064 030800: 1001 1002 1003 1026 1035 1036 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2027 2028 2029 2030 2031 2036 2037 2038 2055 2056 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 030214: 2000 2003 2008 2009 2010 2014 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 3001 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 030215: 2006 2007 2008 2028 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 030904: 4004 4005 4006 4010 4016 4017 4018 4019 4020 030905: 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 VTD: 067OR05 - OREGON 05 THURSDAY, MARCH 29, 2012 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02 030229: 1034 030230: 1015 1018 1019 1061 1064 1081 1084 1087 1088 1094 1095 1096 1097 1099 2014 2024 2026 2028 2030 2031 2032 2033 2034 2035 2036 2039 2040 2041 2042 2043 2051 2052 2053 2060 2061 2062 2066 2067 2068 030231: 4000 4001 4003 4004 4006 4007 4008 4009 4010 4011 030602: 1001 1004 1006 1007 VTD: 067RR01 - RED ROCK 01 VTD: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A 031001: 2081 2082 031108: 1003 1005 1006 1008 1014 1016 1022 1023 1025 1026 1027 1030 1032 1034 1037 1040 1042 1044 1045 1046 1048 1049 2000 2001 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003 4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024 VTD: 067VA01 - VAUGHAN 01 District 002 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 030339: 1000 1001 1017 1018 1038 1039 1042 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030344: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 3000 3001 3002 3003 3004 3005 3006 030345: 1000 1012 1052 2000 2001 2002 2003 2004 2005 2006 2007 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 4085 4086 JOURNAL OF THE SENATE 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1022 1023 1024 1025 1037 1042 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1022 1023 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 VTD: 067EA01 - EASTSIDE 01 VTD: 067EL04 - ELIZABETH 04 030504: 1002 1003 1004 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1022 1024 1025 1026 1027 1030 1031 1032 1035 1036 4000 4001 4002 4003 4004 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 VTD: 067LI01 - LINDLEY 01 031205: 1025 1026 1027 1028 1029 1030 1046 1047 1048 1052 1053 1054 031206: 1092 1097 1098 2012 2013 031313: 1020 1024 1031 1033 1037 1038 2000 2001 2002 2003 2004 2074 2075 2076 2077 2078 2079 VTD: 067MA03 - MABLETON 03 031307: 1018 031313: 1016 1025 1026 1029 1030 VTD: 067MA04 - MABLETON 04 031206: 1056 1082 031307: THURSDAY, MARCH 29, 2012 1000 1003 1006 3005 3007 3008 3009 3010 3011 3012 3033 3037 3040 3044 3046 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A 030405: 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 2010 2013 2014 2015 2016 2017 2018 2019 2027 2028 2033 2035 3006 3007 3008 3010 3017 3018 3019 3020 3024 3025 3028 3031 3033 3034 3037 3038 3039 3044 3047 3048 030413: 1000 1001 1003 1004 1005 1006 1009 1010 1015 2000 2001 2002 2003 2005 2007 2016 3001 3008 3009 3010 3011 3031 030414: 1000 2000 VTD: 067MR6A - MARIETTA 6A 030405: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1013 1014 1022 1023 1024 1027 1029 1030 1037 1053 4000 4047 030407: 2001 2003 2010 VTD: 067MR6B - MARIETTA 6B 030504: 1023 1028 1029 1033 1034 1037 1038 2036 030505: 1024 1025 1026 1027 2031 2033 4021 VTD: 067MR6C - MARIETTA 6C 030410: 1010 1012 1014 1015 1016 1023 1025 1026 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 030504: 2010 2011 2021 2022 2026 2027 2028 2029 2030 2031 2032 2035 2037 030505: 1002 1005 1009 1010 1012 1013 1015 1016 1017 1018 1019 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2012 2013 2021 3020 3022 3023 3027 3028 3029 3030 3032 3033 VTD: 067MR7A - MARIETTA 7A 030405: 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4021 4023 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 030410: 1027 1028 1030 1032 1034 1035 1037 1039 1040 1045 1046 030505: 4087 4088 JOURNAL OF THE SENATE 2008 2009 2014 2015 2017 2018 2019 2020 2022 2032 4022 4035 4036 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01 VTD: 067NP01 - NORTON PARK 01 VTD: 067OK01 - OAKDALE 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN3A - SMYRNA 3A 031110: 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019 1020 1021 031111: 1025 2001 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 067SN4A - SMYRNA 4A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B 031118: 2008 2009 2010 2025 2026 031206: 1022 1023 1030 1031 1032 1033 1034 1035 1039 1041 1042 1043 1045 1051 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1066 1067 1069 1070 1071 1072 1073 1076 1077 1078 1079 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096 2005 2006 2007 2008 2009 2010 2011 2015 3043 3046 3047 3048 3054 3055 3058 3061 3064 3065 3066 3067 3074 3077 3085 3086 3087 3088 3089 3091 3092 3100 3101 031307: 1001 1002 1004 1005 1007 1008 1009 1011 1013 1014 1015 1016 1017 1022 1026 3035 3036 3038 3039 3041 3042 3043 3045 3047 3056 3059 031313: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1021 1022 1023 1027 1034 THURSDAY, MARCH 29, 2012 2005 VTD: 067SN7C - SMYRNA 7C VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 VTD: 067VG04 - VININGS 04 District 003 Cobb County VTD: 067AC1A - ACWORTH 1A 030103: 1001 1002 1003 1008 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1038 1040 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1055 1056 1057 1059 1060 1061 1062 2023 2041 2051 3000 3003 3004 3006 3008 3009 3010 3011 3012 3014 3016 3017 3019 3020 3022 3023 3024 3025 3026 3027 3031 3032 3033 3036 3038 3039 3040 3042 3044 3049 3051 3053 3057 030224: 1025 2011 2012 2013 2014 2016 2017 2018 2019 2021 VTD: 067AC1B - ACWORTH 1B 030101: 2028 2031 2032 2034 2061 030103: 1000 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1022 1035 1037 1039 1041 2014 2015 2016 2021 2042 2043 2044 2048 2049 030104: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2002 2004 2005 2007 2008 2009 2010 2011 2012 2013 2015 2017 2018 2019 2020 2022 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030106: 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3026 3027 3028 3029 030107: 2014 2018 VTD: 067AC1C - ACWORTH 1C 4089 4090 JOURNAL OF THE SENATE VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 030227: 3006 3018 3019 3020 3021 3022 3023 3052 3054 3057 3060 3062 3063 3064 3065 3067 3068 030228: 1007 1008 030229: 2000 2001 2002 2003 2004 2005 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2043 2044 2045 2046 2047 2048 2049 2050 2060 2065 2066 2067 2068 2072 2074 2075 2076 2077 2078 2079 2084 2092 2093 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067DV01 - DAVIS 01 VTD: 067EC01 - EAST COBB 01 VTD: 067EL01 - ELIZABETH 01 030502: 2011 2019 2021 2023 2036 2037 2038 030506: 1027 1048 1049 1050 1055 1056 1058 1062 1064 1067 1068 1072 1073 1076 1077 1085 1087 1140 1141 1142 1143 1144 1146 1147 1149 030601: 1041 VTD: 067EL02 - ELIZABETH 02 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 030502: 1027 1029 1033 1039 2015 2022 2024 2025 2027 2029 2030 2031 2033 2047 2048 2049 2050 2051 030504: 2004 2007 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2034 2038 VTD: 067EL05 - ELIZABETH 05 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GM01 - GARRISON MILL 01 VTD: 067GT01 - GRITTERS 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067KE1A - KENNESAW 1A THURSDAY, MARCH 29, 2012 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 VTD: 067KE2B - KENNESAW 2B 030224: 2030 2031 2033 2034 030227: 3038 3039 3040 3045 3046 3047 3048 3049 VTD: 067KE3A - KENNESAW 3A VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A 030103: 2050 030224: 1000 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 030226: 3011 3012 3013 3014 3015 3016 3017 VTD: 067KE5B - KENNESAW 5B VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 VTD: 067MB01 - MABRY 01 VTD: 067MK01 - MCCLESKEY 01 VTD: 067MR4B - MARIETTA 4B 030601: 1018 1020 1021 1022 1023 1024 1025 1026 1027 1042 VTD: 067MR5B - MARIETTA 5B 030502: 2028 2032 2034 2040 2041 2052 2053 2054 030504: 2023 2024 2033 030506: 1002 1032 1033 1034 1036 1037 1038 1039 1041 1042 1043 1044 1046 1047 1051 1052 1053 1079 1080 1081 1082 1083 1084 1086 1109 1110 1111 1112 VTD: 067MR6B - MARIETTA 6B 030502: 1016 1019 1020 1021 1023 1024 1025 1028 1030 1031 1032 1037 1038 2001 2002 2005 2008 2010 030504: 1020 1021 2000 2001 2002 2003 2005 2006 2008 2025 030507: 1042 1044 1052 1053 1054 VTD: 067MR6C - MARIETTA 6C 4091 4092 JOURNAL OF THE SENATE 030502: 2006 2009 2012 2014 2017 2020 2026 2035 2039 2055 030506: 1025 1026 1054 1057 1063 1069 1070 1071 1074 1075 1078 1145 1148 030507: 1059 1060 1061 1064 1065 1066 1067 1068 1070 1071 1073 1074 VTD: 067MS02 - MARS HILL 02 030103: 3056 VTD: 067NC01 - NORTH COBB 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PM02 - PINE MOUNTAIN 02 030227: 3043 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067TT01 - TRITT 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02 VTD: 067WL01 - WILLEO 01 District 004 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 VTD: 067FO03 - FAIR OAKS 03 VTD: 067FO04 - FAIR OAKS 04 VTD: 067FO05 - FAIR OAKS 05 031001: THURSDAY, MARCH 29, 2012 1027 1028 1029 1030 1031 1032 1034 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3028 031108: 1020 VTD: 067FO06 - FAIR OAKS 06 031002: 3000 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 031313: 1032 1035 1036 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2055 2056 2057 2060 2062 2064 2065 2066 2068 2069 2070 2071 2072 2081 2082 2083 2084 2085 2086 2087 VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 031307: 1010 1012 1019 1020 1021 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 031313: 1028 1043 VTD: 067MA04 - MABLETON 04 031307: 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 VTD: 067MR2B - MARIETTA 2B 031002: 4007 4008 4009 VTD: 067NP02 - NORTON PARK 02 VTD: 067OR02 - OREGON 02 VTD: 067OR03 - OREGON 03 031002: 3003 3008 3009 3012 3014 4012 4013 4014 4015 4093 4094 JOURNAL OF THE SENATE VTD: 067OR04 - OREGON 04 VTD: 067OR06 - OREGON 06 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN3A - SMYRNA 3A 031101: 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 031108: 1010 1017 1018 1028 1031 2006 2021 VTD: 067SN5A - SMYRNA 5A VTD: 067SN7B - SMYRNA 7B 031313: 2012 2018 2022 2023 2039 2048 2053 2054 2058 2059 2061 2063 2067 2073 2080 2088 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05 On the adoption of the substitute, the yeas were 37, nays 1, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bills as reported, was agreed to. On the passage of the bills on the Local Consent Calendar, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Bethel Bulloch Butler Y Carter, B Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Hamrick Y Harbison Y Heath Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Jones Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C THURSDAY, MARCH 29, 2012 4095 Davis Fort Y Ginn Goggans Golden Y Gooch Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the local bills, the yeas were 37, nays 1. The bills on the Local Consent Calendar, except HB 905, having received the requisite constitutional majority, were passed. HB 905, having received the requisite constitutional majority, was passed by substitute. Senator Stoner of the 6th gave notice that at the proper time he would move that the Senate reconsider its action on HB 905. The President entertained the motion for reconsideration immediately. Senator Stoner of the 6th moved that the Senate reconsider its action in passing the following bill: HB 905. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Thompson of the 33rd. On the motion, there was no objection; the motion prevailed, and HB 905 was reconsidered. Senator Millar of the 40th was excused for business outside the Senate Chamber. 4096 JOURNAL OF THE SENATE Senator Albers of the 56th asked unanimous consent that HB 997, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 997, having been taken from the Table, was put upon its passage. HB 997. By Representatives Pak of the 102nd, Atwood of the 179th, Tankersley of the 158th, Hightower of the 68th, Cooke of the 18th 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 provide for the new crime of false lien statements against public officers or public employees; to provide for definitions; to provide for penalties; to provide a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Albers of the 56th. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Golden Y Gooch Grant Y Hamrick Y Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B E Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk N McKoon E Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 43, nays 3. HB 997, having received the requisite constitutional majority, was passed. THURSDAY, MARCH 29, 2012 4097 The following Senators were excused for business outside the Senate Chamber: Jones of the 10th Ramsey, Sr. of the 43rd Senator Bethel of the 54th asked unanimous consent that HB 1067, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 1067, having been taken from the Table, was put upon its passage. HB 1067. By Representatives Rogers of the 26th, Smith of the 131st and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to the limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. Senator Jones of the 10th asked unanimous consent that he be excused from voting on HB 1067 pursuant to Senate Rule 5-1.8(d). The consent was granted, and Senator Jones was excused. The Senate Insurance and Labor Committee offered the following substitute to HB 1067: A BILL TO BE ENTITLED AN ACT To amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjustors, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for changes to license requirements for certain resident independent adjusters; to add certain nonresident independent adjuster license requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to agents, agencies, subagents, counselors, and adjustors, is amended by revising subsection (a) of 4098 JOURNAL OF THE SENATE Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, as follows: "(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for communications equipment portable electronics, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance." SECTION 2. Said chapter is further amended by revising subsection (d) of said Code Section 33-2312, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjuster, as follows: "(d)(1) As used in this subsection, the term: (A) 'Customer' means a person who purchases portable electronics or services. (B) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) 'Location' means any physical location in the State of Georgia or any website, call center site, or similar location directed to residents of the State of Georgia. (D) 'Portable electronics' 'communications equipment' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices or and their accessories used to originate or receive communications signals or service for individual customer use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) 'Portable electronics insurance' means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) 'Portable electronics transaction' means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) 'Supervising entity' means a business entity that is a licensed insurer, or insurance producer that is authorized by licensed insurer, to supervise the administration of a portable electronics insurance program. (H) 'Vendor' means a person in the business of engaging in portable electronics transactions directly or indirectly. (2) The Commissioner commissioner may issue to a retail vendor of communications equipment portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance THURSDAY, MARCH 29, 2012 4099 policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions. (4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with ten days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity. (3)(5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which: (A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including: (i) The identity of the insurer; (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. (9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance 4100 JOURNAL OF THE SENATE coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (4)(11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide: (A) The name, residence address, and other information required by the Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such retail a vendor shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by a licensed instructor. THURSDAY, MARCH 29, 2012 4101 (6)(13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the commissioner may impose any of the following penalties: (A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including: (i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and (ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days notice; (B) If the insurer changes the terms and conditions, then the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (C) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) Where a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination. (16) Whenever notice or correspondence with respect to a policy of portable 4102 JOURNAL OF THE SENATE electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subparagraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer." SECTION 3. Said chapter is further amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, as follows: "(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used only for portable electronics as defined in paragraph (1) of subsection (d) of Code Section 33-23-12 which: (A) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (B) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (C) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter." SECTION 4. Said chapter is further amended by revising paragraph (7) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows: "(7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer or adjuster." THURSDAY, MARCH 29, 2012 4103 SECTION 5. Said chapter is further amended by deleting "or" at the end of paragraph (6) of subsection (b) of Code Section 33-23-1, relating to definitions; by deleting the period at the end of paragraph (7) of such subsection and inserting "; or"; and by adding a new paragraph at the end of such subsection to read as follows: "(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry, and who enters data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent." SECTION 6. Said chapter is further amended by adding a new subsection to Code Section 33-23-5, relating to the qualifications and requirements for a license, to read as follows: "(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of Canada may be licensed as an independent adjuster pursuant to this Code section or designate Georgia as his or her home state unless such person has successfully passed the adjuster examination and has complied with other applicable portions of this Code section." SECTION 7. Said chapter is further amended by revising subsection (h) of Code Section 33-23-16, relating to licensing of nonresidents, as follows: "(h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state. If the resident state does not license independent adjusters, the independent adjuster shall designate as his or her home state any state in which the independent adjuster is licensed and in good standing." SECTION 8. Said chapter is further amended by adding a new subsection to Code Section 33-23-29, relating to nonresident adjusters, to read as follows: "(f) No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license." SECTION 9. All laws and parts of laws in conflict with this Act are repealed. 4104 JOURNAL OF THE SENATE Senators Shafer of the 48th and Bethel of the 54th offered the following amendment #1: Amend the LC 37 1471S substitute to HB 1067 by striking line 6 and inserting in lieu thereof the following: license requirements; to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, so as to provide that 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 By inserting between lines 252 and 253 the following: SECTION 8A. Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions of insurance, is amended by adding a new Code section to read as follows: "33-1-22. In the event of a dispute or complaint wherein an insurer provided any material in a language other than English, the English language version of the policy, as that term is defined in Code Section 33-24-1, shall control the resolution of such dispute or complaint; provided, however, that nothing contained in this Code section shall abrogate or supersede the provisions set forth in Chapter 6 of this title, relating to unfair trade practices." On the adoption of the amendment, there were no objections, and the Shafer, Bethel amendment #1 to the committee substitute was adopted. Senators Shafer of the 48th and Bethel of the 54th offered the following amendment #2: Amend the LC 37 1471S substitute to HB 1067 by striking line 6 and inserting in lieu thereof the following: license requirements; to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to provide for certain state contracting and bidding requirements; to provide for related matters; to repeal conflicting laws; and for other By inserting between lines 252 and 253 the following: SECTION 8A. Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, is amended by revising subsection (b) as follows: "(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the THURSDAY, MARCH 29, 2012 4105 specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. (2)(A) As used in this paragraph, the term: (i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery, including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers. (B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications." On the adoption of the amendment, there were no objections, and the Shafer, Bethel amendment #2 to the committee substitute was adopted. 4106 JOURNAL OF THE SENATE Senator Shafer of the 48th offered the following amendment #3: Amend the committee substitute to HB 1067 (LC 37 1471S) 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 provide for the By inserting on line 6 after "requirements" the following: to provide for requirements of retail installment sellers to be exempted from reinsurance requirements relating to vehicle service agreements or extended warranty agreements; to provide for an exception to retail installment seller's requirement to insure its guaranteed asset protection waiver obligations under a contractual liability policy or other such policy; By deleting lines 10 and 11 and inserting in lieu thereof the following: Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code By deleting on lines 20, 201, 214, 221, 231, 238, and 249 "Said chapter" and inserting in lieu thereof "Said title". By inserting after line 253 the following: Said title is further amended by adding a new subsection to Code Section 33-7-6 of the Official Code of Georgia Annotated, relating to property insurance, contact requirements, rules and regulations, and exemptions, to read as follows: "(f) Property insurance does not include those agreements commonly known as vehicle service agreements or extended warranty agreements which are issued, sold, or offered for sale by a retail installment seller, as defined in Code Section 10-1-31 in connection with the sale of a motor vehicle by such retail installment seller, provided that such retail installment seller: (1) Maintains, or has a parent company maintain, a net worth or stockholders' equity of at least $50 million, provided the parent company guarantees the obligations of the retail installment seller arising from vehicle service agreements or extended warranty agreements underwritten pursuant to this subparagraph; (2) Complies with the registration requirement prescribed by the Commissioner through regulation; (3) Files with the Commissioner a true and correct copy of the vehicle service agreement or extended warranty agreement that has a term of and is no longer than nine months in a form that is consistent with the terms prescribed by the Commissioner through regulation; (4) Files a copy of its Form 10-K or Form 20-F disclosure statements, or if it does not file such statements with the United States Securities and Exchange Commission, a copy of its audited financial statements reported on a GAAP basis. If the retail THURSDAY, MARCH 29, 2012 4107 installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with this provision by filing the statements of its parent company. The statement shall be filed with the Commissioner 30 days prior to the retail installment seller's initial offering or delivering of a service agreement or extended warranty agreement, and thereafter, the statement shall be filed with the Commissioner annually; and (5) Upon the request of the Commissioner, posts a security deposit or surety bond in an amount not to exceed $250,000.00 and in the manner prescribed by the Commissioner through regulation." SECTION 10. Said title is further amended by revising Code Section 33-63-4, relating to offering, selling, or providing to borrowers guaranteed asset protection waivers, by adding a new subsection to read as follows: "(i) A retail installment seller that offers, provides, or sells a guaranteed asset protection waiver in connection with the sale of a motor vehicle shall not be required to insure its guaranteed asset protection waiver if the retail installment seller does both of the following: (1) Maintains, or has a parent company that maintains, a net worth or stockholders' equity of at least $50 million, provided the parent company guarantees the obligations of the retail installment seller arising from guaranteed asset protection waivers underwritten pursuant to this subsection; and (2) Files a copy of its Form 10-K or Form 20-F disclosure statements, or, if it does not file with the United States Securities and Exchange Commission, a copy of its audited financial statements reported on generally accepted accounting principles. If the retail installment seller's financial statements are consolidated with those of its parent company, then the retail installment seller may comply with the provisions of this paragraph by filing the statements of its parent company. The statement shall be filed with the Commissioner at least 30 days prior to the retail installment seller's initial offering or delivering a guaranteed asset protection waiver, and thereafter the statement shall be filed with the Commissioner annually." SECTION 11. On the adoption of the amendment, there were no objections, and the Shafer amendment #3 to the committee substitute was adopted. Senator Shafer of the 48th offered the following amendment #4: Amend the Senate Insurance and Labor Committee substitute to HB 1067 (LC 37 1471S) 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 change certain provisions relating to insurers and certain types of insurance; to provide for the 4108 JOURNAL OF THE SENATE By inserting after "license requirements;" on line 6 the following: to correct certain language relating to exhaustion of rights by claimants against insolvent insurers to provide for internal consistency; By deleting lines 10 through 11 and inserting in lieu thereof the following: Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsection (a) of Code By deleting "chapter" on lines 20, 201, 214, 221, 231, 238, and 249 and inserting in lieu thereof "title". By inserting between lines 252 and 253 the following: SECTION 9. Said title is further amended by revising subsection (d) of Code Section 33-36-14, relating to exhaustion of rights by claimants against insolvent insurers, as follows: "(d) Except as provided for in Code Section 33-36-20, the pool shall have the right to recover from any person who is an affiliate of the insolvent insurer the following persons 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." By redesignating Section 9 on line 253 as Section 10. On the adoption of the amendment, there were no objections, and the Shafer amendment #4 to the committee substitute was adopted. Senators Rogers of the 21st and Staton of the 18th offered the following amendment #5: Amend the Senate Insurance and Labor Committee substitute to HB 1067 (LC 37 1471S) by deleting line 1 and inserting in lieu thereof the following: To amend Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credit for qualified projects and rules and regulations, so as to provide that there shall be no forfeiture or restrictions of the credit under certain circumstances; to amend Chapter 23 of Title 33 of the Official Code of Georgia Annotated, relating to By inserting after line 9 the following: Code Section 33-1-18 of the Official Code of Georgia Annotated, relating to housing tax credit for qualified projects and rules and regulations, is amended by adding a new THURSDAY, MARCH 29, 2012 4109 subsection to read as follows: "(d) The tax credit as allowed under this Code section shall be available for use by any taxpayer having a premium tax liability to this state. Under no condition, including the rate capitation used in determining premiums due to an entity, shall any state agency require the forfeiture of such credit, the forfeiture of any benefit from the use of such credit, or the restraint from using such tax credit as a condition or circumstance of participating in any state or combined federal and state program. In such cases, the tax amount used shall be the same as the amount of tax prior to applying such credit." SECTION 1A Senator Carter of the 42nd requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment not germane. On the adoption of the substitute, 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares E Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 4110 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 46, nays 3. HB 1067, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: SB 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided for related matters; to repeal conflicting laws; and for other purposes. Senator Bethel of the 54th asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 203 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Goggans of the 7th, Shafer of the 48th and Bethel of the 54th. The following bill was taken up to consider House action thereto: SB 110. By Senators Murphy of the 27th, Bulloch of the 11th, Miller of the 49th, Gooch of the 51st, Rogers of the 21st and others: A BILL to be entitled an Act to amend Code Section 12-8-25.3 of the Official Code of Georgia Annotated, relating to further restrictions on municipal solid waste landfill sites within significant ground-water recharge areas or near military air space used as a bombing range and untreated municipal sewage sludge, so as to repeal certain provisions relating to restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; to eliminate a reference to such provisions; 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 110 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Tolleson of the 20th, Murphy of the 27th and Mullis of the 53rd. THURSDAY, MARCH 29, 2012 4111 Senator Goggans of the 7th was excused for business outside the Senate Chamber. Senator Shafer of the 48th asked unanimous consent that HB 1066, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 1066, having been taken from the Table, was put upon its passage. HB 1066. By Representative Williams of the 4th: A BILL to be entitled an Act to amend Title 3 of the Official Code of Georgia Annotated, relating to alcoholic beverages, so as to change certain provisions relating to alcoholic beverage licenses; to provide for staggered renewal dates for certain licenses; to revise certain provisions relating to sales of alcoholic beverages near churches, school buildings, and other sites; to declare certain distilled spirits to be contraband if not acquired from certain licensees; to establish an annual occupational license tax upon special event applicants; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Shafer of the 48th. Senators Staton of the 18th, Chance of the 16th, Rogers of the 21st, Stoner of the 6th and Mullis of the 53rd offered the following amendment #1: Amend HB 1066 by inserting after "licenses;" on line 3 "to revise the limitation on the number of retail dealer licenses of distilled spirits which a person may possess;" and by redesignating Sections 3 through 9 as Sections 4 through 10, respectively, and inserting after line 62 the following: SECTION 3. Said title is further amended by revising subsection (a) of Code Section 3-4-21, relating to prohibition on holding or having beneficial interest in more than two retail dealer licenses, as follows: "(a) No person shall be issued more than two retail dealer licenses, nor shall any person be permitted to have a beneficial interest in more than two retail dealer licenses issued under this chapter, regardless of the degree of such interest; provided, however, that, based upon a determination that such waivers would serve the public interest, public convenience, business necessity, and economic development, the commissioner of revenue may issue waivers to the limitations of this Code section to authorize persons to have direct and beneficial interests in more than two retail dealer licenses." 4112 JOURNAL OF THE SENATE On the adoption of the amendment, the President asked unanimous consent. Senator Carter of the 42nd objected. On the adoption of the amendment, Senator Shafer of the 48th called for the yeas and nays; the call was sustained, and the vote was as follows: Y Albers Balfour N Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport Davis N Fort N Ginn E Goggans N Golden Y Gooch Grant N Hamrick N Harbison N Heath N Henson Y Hill, Jack N Hill, Judson N Hooks Y Jackson, B N Jackson, L N James N Jeffares N Jones N Ligon Loudermilk N McKoon E Millar Y Miller Y Mullis Y Murphy N Orrock N Paris E Ramsey Y Rogers Seay N Shafer Sims Y Staton N Stone Y Stoner N Tate Y Thompson, C N Thompson, S Tippins Y Tolleson Unterman N Wilkinson Y Williams On the adoption of the amendment, the yeas were 18, nays 27, and the Staton, 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims N Staton THURSDAY, MARCH 29, 2012 4113 Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn E Goggans Y Golden Y Gooch Y Grant Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon E Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 51, nays 1. HB 1066, having received the requisite constitutional majority, was passed. The following communication was received by the Secretary: Committees: Senator Jack Murphy Banking and Financial Institutions District 27 Appropriations 325-A Coverdell Legislative Office Building Ethics Atlanta, GA 30334 Insurance and Labor Public Safety Transportation The State Senate Atlanta, Georgia 30334 Please change my vote to NO on amendment #1 on HB-1066. /s/ Jack Murphy 3-29-12 The following bill was taken up to consider House action thereto: HB 133. By Representatives Black of the 174th, Rogers of the 26th, Rynders of the 152nd, Weldon of the 3rd, Knight of the 126th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for conditions of refunding de minimis overpayments; to provide for waiver of de minimis insufficiencies; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. 4114 JOURNAL OF THE SENATE Senator Heath of the 31st asked unanimous consent that the Senate adhere to its substitute to HB 133 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Heath of the 31st, Chance of the 16th and Rogers of the 21st. The following bill was taken up to consider House action thereto: HB 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Golden of the 8th asked unanimous consent that the Senate insist on its substitute to HB 318. The consent was granted, and the Senate insisted on its substitute to HB 318. Senator Davis of the 22nd asked unanimous consent that HB 932, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 932, having been taken from the Table, was put upon its passage. HB 932. By Representatives Williams of the 4th, Dickson of the 6th and Powell of the 29th: A BILL to be entitled an Act to amend Code Section 48-8-63 of the Official Code of Georgia Annotated, relating to the definition of "nonresident subcontractor," payment of tax by contractors furnishing tangible personal property and services, liability of seller, withholding of payments due subcontractor, rate, bond, exemption of property unconsumed in use, property deemed consumed, and property of the state or of the United States, so as to change the required percentage of withholding payments due a nonresident subcontractor; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Davis of the 22nd. THURSDAY, MARCH 29, 2012 4115 The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn E Goggans Y Golden Y Gooch Y Grant Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Y Mullis Y Murphy Orrock Y Paris E Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 932, having received the requisite constitutional majority, was passed. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. Senator Staton of the 18th asked unanimous consent that HB 541, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 541, having been taken from the Table, was put upon its passage. HB 541. By Representatives Epps of the 140th, Benton of the 31st, Baker of the 78th, Allison of the 8th, Weldon of the 3rd 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 provide for the offense of 4116 JOURNAL OF THE SENATE threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding; 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 Staton of the 18th. The Senate Judiciary Committee offered the following substitute to HB 541: A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, so as to prohibit intimidation of law enforcement officers in retaliation for the officer's actions of carrying out his or her official duties; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 10 of Title 16 of the Official Code of Georgia Annotated, relating to offenses related to judicial and other proceedings, is amended by revising Code Section 16-10-97, relating to intimidation or injury of grand or trial juror or court officer, as follows: "16-10-97. (a) A person who by threat or force or by any threatening action, letter, or communication: (1) Endeavors to intimidate or impede any grand juror or trial juror or any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court while in the discharge of such juror's or officer's duties; (2) Injures any grand juror or trial juror in his or her person or property on account of any indictment or verdict assented to by him or her or on account of his or her being or having been such juror; or (3) Injures any officer in or of any court of this state or any court of any county or municipality of this state or any officer who may be serving at any proceeding in any such court in his or her person or property on account of the performance of his or her official duties shall, upon conviction thereof, be punished by a fine of not more than $5,000.00 or by imprisonment for not more than 20 years, or both. (b) As used in this Code section, the term 'any officer in or of any court' means a judge, attorney, clerk of court, deputy clerk of court, court reporter, or probation officer. THURSDAY, MARCH 29, 2012 4117 (c) A person who by threat or force or by any threatening action, letter, or communication endeavors to intimidate any law enforcement officer, outside the scope and course of his or her course of employment, or his or her immediate family member in retaliation or response to the discharge of such officer's official duties shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years, a fine not to exceed $5,000.00, or both." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senators Staton of the 18th and Carter of the 42nd offered the following amendment: Amend Senate substitute to HB 541 by deleting "course of" on line 30 On the adoption of the amendment, there were no objections, and the Staton, Carter of the 42nd 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: Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort N Ginn E Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon E Millar Y Miller Mullis Y Murphy Y Orrock Y Paris E Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams 4118 JOURNAL OF THE SENATE On the passage of the bill, the yeas were 43, nays 3. HB 541, having received the requisite constitutional majority, was passed by substitute. The following bill was taken up to consider House action thereto: HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Bethel of the 54th asked unanimous consent that the Senate insist on its substitute to HB 347. The consent was granted, and the Senate insisted on its substitute to HB 347. The following local bill, reconsidered earlier today, was continued upon its passage: HB 905 Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Tippins of the 37th COBB COUNTY A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE THURSDAY, MARCH 29, 2012 4119 Senator Thompson of the 33rd moved that the Senate reconsider its action in adopting the committee substitute to HB 905. There was no objection and the committee substitute was reconsidered. Senator Thompson of the 33rd asked unanimous consent to defeat the committee substitute. There were no objections, and the committee substitute was defeated. Senator Thompson of the 33rd offered the following substitute to HB 905: A BILL TO BE ENTITLED AN ACT To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), is amended by revising Sections 1 through 4 as follows: "SECTION 1. The Board of Commissioners of Cobb County which exists on January 1, 2013, is continued in existence but on and after such date, shall be constituted as provided in this Act. The Board of Commissioners of Cobb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013. SECTION 2. (a) Those members of the Board of Commissioners of Cobb County who are serving as such immediately prior to January 1, 2013, and any persons selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of their 4120 JOURNAL OF THE SENATE respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2013, the Board of Commissioners of Cobb County shall consist of five members who shall be elected from commissioner districts described in subsection (b) of this section except for the chairperson who is elected at large as provided in Section 3. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Cobb County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cobbcc-SenAmd-p1-2012 Plan Type: Loca1 Administrator: state User: bak'. (c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Cobb County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Cobb County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person THURSDAY, MARCH 29, 2012 4121 elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The chairperson of the board may reside anywhere within Cobb County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant. SECTION 4. (a) The first members of the reconstituted Board of Commissioners of Cobb County shall be elected as provided in this subsection. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in November, 2012, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1 and 3 in November, 2014, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1 through 4, as they exist immediately prior to January 1, 2013, shall continue to be designated as Commissioner Districts 1 through 4, respectively, but as newly described under this Act, and on and after January 1, 2013, members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." SECTION 2. The Board of Commissioners of Cobb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. 4122 JOURNAL OF THE SENATE SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Cobb County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: cobbcc-SenAmd-p1-2012 Plan Type: Local Administrator: state User: bak District 001 Cobb County VTD: 067AC1A - ACWORTH 1A 030101: 2057 2058 2059 3017 3018 3019 3020 3021 3027 3028 3029 3030 3031 4000 4001 4002 4003 4004 4005 4008 4010 4013 4015 4016 030214: 2001 2002 2004 2005 2007 2011 2012 2013 2015 2016 VTD: 067AC1B - ACWORTH 1B 030101: 2001 2003 2004 2010 2022 2023 2024 2025 2026 2027 2033 2035 2037 2039 2040 2041 2042 2043 2044 2045 VTD: 067BG01 - BIG SHANTY 01 030228: 2026 2027 2040 030229: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1050 1051 1053 030230: 1041 1044 1050 1051 1052 1053 1054 1055 1056 1070 1071 1072 1073 1074 1075 1076 1086 1091 1092 1093 2000 2003 2004 2005 2015 2017 2021 2022 2023 2029 030601: 1034 1035 3000 3001 3002 3003 3004 3005 3006 3010 3012 3089 VTD: 067CA01 - CHATTAHOOCHEE 01 030344: 2001 2002 2003 2007 2009 2010 2011 030345: 1013 1014 1020 1060 THURSDAY, MARCH 29, 2012 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067DI01 - DOBBINS 01 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1018 1035 1046 1047 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1027 1029 1030 2005 2009 2017 2018 2020 2021 2022 2027 2029 2030 2031 2032 2058 2059 2060 2061 2062 2063 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1005 1015 1016 031114: 2002 2005 VTD: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01 030506: 1088 1090 1091 1093 1094 1095 1096 1098 1102 1103 1107 1123 1125 1126 1127 1128 1129 1131 1132 030601: 1029 1030 1032 1033 1040 3007 3008 3009 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3037 3041 3049 3050 3051 3052 3053 3054 3055 3056 3057 3063 3064 3065 3066 3067 3068 3069 3070 3072 3073 3077 3079 3082 3083 3085 3086 3088 4123 4124 JOURNAL OF THE SENATE 3090 030602: 1000 1011 1014 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2013 2028 2066 3001 3002 3003 3004 3005 3011 VTD: 067FO05 - FAIR OAKS 05 030902: 2026 2027 2028 2029 2034 031001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1033 1035 VTD: 067FO06 - FAIR OAKS 06 030800: 3040 3045 030901: 1009 2002 2012 2014 2017 4015 4021 5001 5003 5005 5006 5017 5021 5022 5024 5025 5026 5031 5032 5033 5036 5037 5038 5040 030902: 1035 1036 1037 2000 2001 2002 2004 2005 2006 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 2032 2035 2037 2038 030904: 1010 1012 1013 1014 1015 1018 1020 1022 2003 2005 2009 2012 2014 2015 2020 2023 2024 2025 2026 2027 2028 2030 3005 3006 3012 3013 3015 3016 3017 3018 3019 4007 4009 4011 4012 030905: 1000 1001 1006 2000 2001 031002: 1000 1001 1002 1003 1004 1005 1006 1012 1013 4000 4002 4004 4010 4011 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 VTD: 067KE2A - KENNESAW 2A 030229: 1031 1032 1033 1035 1036 1048 1049 1052 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1040 1042 1043 1045 1046 1047 1048 1049 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1083 1085 1098 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 2025 2027 VTD: 067KE2B - KENNESAW 2B 030214: 3000 3002 3009 3024 3025 THURSDAY, MARCH 29, 2012 030215: 1000 1004 1006 1007 1010 1011 1012 1014 1020 1021 1022 1024 1027 2000 2004 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2027 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4019 4020 4021 4022 4023 4025 4026 4027 4031 4032 4034 4035 4039 4041 4042 030230: 1000 1002 1003 1006 1034 1036 1037 1038 1089 1090 VTD: 067KE5A - KENNESAW 5A 030215: 2001 2002 2003 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MR1A - MARIETTA 1A 030344: 2006 2015 2016 2018 2019 2032 2033 030345: 1007 1015 1016 1017 1019 1021 1043 1044 1045 030414: 1001 1002 1025 1026 1028 2001 2002 2003 2004 2008 2011 2012 2023 2033 2034 2038 2039 2045 2050 2051 2052 2053 2054 2055 2056 2057 2065 030800: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 2020 2021 2023 2026 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2047 2048 2050 2051 2052 2053 2054 3000 3001 3011 3012 3018 3019 3023 3025 3028 3029 3030 3042 3050 3051 031001: 2000 2004 2007 2026 2079 2080 2083 2084 2085 2086 2088 2090 2091 2092 2093 2094 2095 2096 2097 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 031114: 2000 2001 2009 4125 4126 JOURNAL OF THE SENATE VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B 030904: 2031 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3014 4000 4001 4002 4003 4008 4013 4014 4015 4021 4022 4023 030905: 1002 1003 1005 031002: 4001 4003 VTD: 067MR2C - MARIETTA 2C VTD: 067MR3A - MARIETTA 3A VTD: 067MR4B - MARIETTA 4B 030230: 1080 2037 2038 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2059 2063 2064 2065 2069 2071 2072 2073 030506: 1124 1130 1133 030601: 1039 3036 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3059 3060 3061 3062 3071 3076 3078 3080 3081 3084 3087 030602: 1019 1028 1030 1044 1045 1046 030700: 1006 1007 1008 1014 1015 1016 1017 1018 1034 2000 2001 2002 2003 2004 2005 VTD: 067MR4C - MARIETTA 4C VTD: 067MR4E - MARIETTA 4E VTD: 067MR5A - MARIETTA 5A VTD: 067MR5B - MARIETTA 5B 030502: 2042 2043 2044 2045 2046 2056 2057 2058 030504: 3000 3001 3002 3003 3004 3005 3008 3009 030506: 1089 1092 1097 1099 1100 1101 1104 1105 1106 1108 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1134 1135 1136 1137 1138 1139 030602: 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2038 2039 2044 2045 2046 2047 3012 3013 3014 3015 3016 3017 030700: 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3000 3001 4005 THURSDAY, MARCH 29, 2012 VTD: 067MR6A - MARIETTA 6A 030411: 1000 2008 2011 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 067MR6C - MARIETTA 6C 030505: 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4028 4029 4030 4031 4032 030700: 4003 4013 4014 4031 4032 VTD: 067MR7A - MARIETTA 7A 030411: 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2004 2005 2006 2007 2009 2010 2012 030412: 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 2008 2010 2013 2014 2015 2016 2017 2018 2019 3000 3003 3005 3006 3010 3014 3020 3021 4000 4001 4002 4003 030414: 2006 2007 2010 2013 2014 2015 2016 2019 2024 2025 2026 2028 2035 2036 2037 2040 2041 2042 2043 2044 2046 2047 2048 2049 2064 030800: 1001 1002 1003 1026 1035 1036 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2027 2028 2029 2030 2031 2036 2037 2038 2055 2056 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 030214: 2000 2003 2008 2009 2010 2014 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 3001 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 030215: 2006 2007 2008 2028 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 030904: 4004 4005 4006 4010 4016 4017 4018 4019 4020 030905: 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 VTD: 067OR05 - OREGON 05 VTD: 067PM01 - PINE MOUNTAIN 01 4127 4128 JOURNAL OF THE SENATE VTD: 067PM02 - PINE MOUNTAIN 02 030229: 1034 030230: 1015 1018 1019 1061 1064 1081 1084 1087 1088 1094 1095 1096 1097 1099 2014 2024 2026 2028 2030 2031 2032 2033 2034 2035 2036 2039 2040 2041 2042 2043 2051 2052 2053 2060 2061 2062 2066 2067 2068 030231: 4000 4001 4003 4004 4006 4007 4008 4009 4010 4011 030602: 1001 1004 1006 1007 VTD: 067RR01 - RED ROCK 01 VTD: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A 031001: 2081 2082 031108: 1003 1005 1006 1008 1014 1016 1022 1023 1025 1026 1027 1030 1032 1034 1037 1040 1042 1044 1045 1046 1048 1049 2000 2001 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003 4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024 VTD: 067VA01 - VAUGHAN 01 District 002 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 030339: 1000 1001 1017 1018 1038 1039 1042 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030344: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 3000 3001 3002 3003 3004 3005 3006 030345: 1000 1012 1052 2000 2001 2002 2003 2004 2005 2006 2007 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 THURSDAY, MARCH 29, 2012 3049 3050 3051 VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1022 1023 1024 1025 1037 1042 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1022 1023 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 VTD: 067EA01 - EASTSIDE 01 VTD: 067EL04 - ELIZABETH 04 030504: 1002 1003 1004 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1022 1024 1025 1026 1027 1030 1031 1032 1035 1036 4000 4001 4002 4003 4004 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FO05 - FAIR OAKS 05 031001: 1027 1028 1029 1030 1031 1032 1034 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3028 031108: 1020 VTD: 067FP01 - FULLERS PARK 01 VTD: 067LI01 - LINDLEY 01 031205: 1025 1026 1027 1028 1029 1030 1046 1047 1048 1052 1053 1054 031206: 2012 2013 031313: 2000 2001 2002 2003 2004 2025 2074 2075 2076 2077 2078 2079 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A 030405: 4129 4130 JOURNAL OF THE SENATE 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 2010 2013 2014 2015 2016 2017 2018 2019 2027 2028 2033 2035 3006 3007 3008 3010 3017 3018 3019 3020 3024 3025 3028 3031 3033 3034 3037 3038 3039 3044 3047 3048 030413: 1000 1001 1003 1004 1005 1006 1009 1010 1015 2000 2001 2002 2003 2005 2007 2016 3001 3008 3009 3010 3011 3031 030414: 1000 2000 VTD: 067MR6A - MARIETTA 6A 030405: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1013 1014 1022 1023 1024 1027 1029 1030 1037 1053 4000 4047 030407: 2001 2003 2010 VTD: 067MR6B - MARIETTA 6B 030504: 1023 1028 1029 1033 1034 1037 1038 2036 030505: 1024 1025 1026 1027 2031 2033 4021 VTD: 067MR6C - MARIETTA 6C 030410: 1010 1012 1014 1015 1016 1023 1025 1026 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 030504: 2010 2011 2021 2022 2026 2027 2028 2029 2030 2031 2032 2035 2037 030505: 1002 1005 1009 1010 1012 1013 1015 1016 1017 1018 1019 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2012 2013 2021 3020 3022 3023 3027 3028 3029 3030 3032 3033 VTD: 067MR7A - MARIETTA 7A 030405: 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4021 4023 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 030410: 1027 1028 1030 1032 1034 1035 1037 1039 1040 1045 1046 030505: 2008 2009 2014 2015 2017 2018 2019 2020 2022 2032 4022 4035 4036 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 THURSDAY, MARCH 29, 2012 VTD: 067NJ01 - NICKAJACK 01 031205: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 031206: 2000 2001 2002 2003 2004 2014 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3042 3044 3045 3068 3069 3070 3071 3072 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3090 3097 3098 3099 VTD: 067NP01 - NORTON PARK 01 031106: 2028 031115: 2002 2006 2009 2016 2031 2032 2033 2034 2037 2038 2040 2041 2042 2043 2044 2048 2049 2052 2053 2054 031117: 1001 1002 1003 1004 1005 1006 1008 1009 1012 1014 1016 1017 1018 1019 1021 1025 1026 1027 2025 2026 031118: 1002 1008 1009 VTD: 067OK01 - OAKDALE 01 031112: 2001 2002 2012 3015 3024 031118: 2004 2005 2006 2007 2011 2019 2024 2027 2028 2029 2030 3016 031206: 1002 1003 1004 1005 1006 1007 1012 1013 1014 1015 1016 1017 1018 1024 1025 1026 1027 1046 1047 1048 1049 1050 1052 1080 3013 031209: 1001 1002 1003 1004 1005 1007 1010 1011 1012 1015 1017 1018 1019 1020 1022 1023 1024 1026 1027 1030 1031 1032 1033 1034 1035 1037 1038 1040 1041 1042 1043 1044 1045 1046 1047 1048 1051 1052 1053 1054 VTD: 067PF01 - POWERS FERRY 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A 4131 4132 JOURNAL OF THE SENATE VTD: 067SN3A - SMYRNA 3A 031101: 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 031108: 1010 1017 1018 1028 1031 2006 2021 031110: 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019 1020 1021 031111: 1025 2001 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 067SN4A - SMYRNA 4A VTD: 067SN5A - SMYRNA 5A 031001: 2076 3023 3026 3027 3029 031101: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 031108: 1011 1019 031110: 1005 1006 1007 1008 1009 1016 1017 1018 VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7C - SMYRNA 7C VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 VTD: 067VG04 - VININGS 04 District 003 Cobb County VTD: 067AC1A - ACWORTH 1A 030103: 1001 1002 1003 1008 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 THURSDAY, MARCH 29, 2012 1038 1040 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1055 1056 1057 1059 1060 1061 1062 2023 2041 2051 3000 3003 3004 3006 3008 3009 3010 3011 3012 3014 3016 3017 3019 3020 3022 3023 3024 3025 3026 3027 3031 3032 3033 3036 3038 3039 3040 3042 3044 3049 3051 3053 3057 030224: 1025 2011 2012 2013 2014 2016 2017 2018 2019 2021 VTD: 067AC1B - ACWORTH 1B 030101: 2028 2031 2032 2034 2061 030103: 1000 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1022 1035 1037 1039 1041 2014 2015 2016 2021 2042 2043 2044 2048 2049 030104: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2002 2004 2005 2007 2008 2009 2010 2011 2012 2013 2015 2017 2018 2019 2020 2022 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030106: 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3026 3027 3028 3029 030107: 2014 2018 VTD: 067AC1C - ACWORTH 1C VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 030227: 3006 3018 3019 3020 3021 3022 3023 3052 3054 3057 3060 3062 3063 3064 3065 3067 3068 030228: 1007 1008 030229: 2000 2001 2002 2003 2004 2005 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2043 2044 2045 2046 2047 2048 2049 2050 2060 2065 2066 2067 2068 2072 2074 2075 2076 2077 2078 2079 2084 2092 2093 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 4133 4134 JOURNAL OF THE SENATE VTD: 067DV01 - DAVIS 01 VTD: 067EC01 - EAST COBB 01 VTD: 067EL01 - ELIZABETH 01 030502: 2011 2019 2021 2023 2036 2037 2038 030506: 1027 1048 1049 1050 1055 1056 1058 1062 1064 1067 1068 1072 1073 1076 1077 1085 1087 1140 1141 1142 1143 1144 1146 1147 1149 030601: 1041 VTD: 067EL02 - ELIZABETH 02 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 030502: 1027 1029 1033 1039 2015 2022 2024 2025 2027 2029 2030 2031 2033 2047 2048 2049 2050 2051 030504: 2004 2007 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2034 2038 VTD: 067EL05 - ELIZABETH 05 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GM01 - GARRISON MILL 01 VTD: 067GT01 - GRITTERS 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067KE1A - KENNESAW 1A VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 VTD: 067KE2B - KENNESAW 2B 030224: 2030 2031 2033 2034 030227: 3038 3039 3040 3045 3046 3047 3048 3049 VTD: 067KE3A - KENNESAW 3A VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A 030103: 2050 030224: 1000 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 030226: 3011 3012 3013 3014 3015 3016 3017 VTD: 067KE5B - KENNESAW 5B THURSDAY, MARCH 29, 2012 VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 VTD: 067MB01 - MABRY 01 VTD: 067MK01 - MCCLESKEY 01 VTD: 067MR4B - MARIETTA 4B 030601: 1018 1020 1021 1022 1023 1024 1025 1026 1027 1042 VTD: 067MR5B - MARIETTA 5B 030502: 2028 2032 2034 2040 2041 2052 2053 2054 030504: 2023 2024 2033 030506: 1002 1032 1033 1034 1036 1037 1038 1039 1041 1042 1043 1044 1046 1047 1051 1052 1053 1079 1080 1081 1082 1083 1084 1086 1109 1110 1111 1112 VTD: 067MR6B - MARIETTA 6B 030502: 1016 1019 1020 1021 1023 1024 1025 1028 1030 1031 1032 1037 1038 2001 2002 2005 2008 2010 030504: 1020 1021 2000 2001 2002 2003 2005 2006 2008 2025 030507: 1042 1044 1052 1053 1054 VTD: 067MR6C - MARIETTA 6C 030502: 2006 2009 2012 2014 2017 2020 2026 2035 2039 2055 030506: 1025 1026 1054 1057 1063 1069 1070 1071 1074 1075 1078 1145 1148 030507: 1059 1060 1061 1064 1065 1066 1067 1068 1070 1071 1073 1074 VTD: 067MS02 - MARS HILL 02 030103: 3056 VTD: 067NC01 - NORTH COBB 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PM02 - PINE MOUNTAIN 02 030227: 3043 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 4135 4136 JOURNAL OF THE SENATE VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067TT01 - TRITT 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02 VTD: 067WL01 - WILLEO 01 District 004 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 VTD: 067FO03 - FAIR OAKS 03 VTD: 067FO04 - FAIR OAKS 04 VTD: 067FO06 - FAIR OAKS 06 031002: 3000 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 031206: 1092 1097 1098 031313: 1020 1024 1031 1032 1033 1035 1036 1037 1038 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2019 2020 2021 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2055 2056 2057 2060 2062 2064 2065 2066 2068 2069 2070 2071 2072 2081 2082 2083 2084 2085 2086 2087 VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 THURSDAY, MARCH 29, 2012 VTD: 067MR2B - MARIETTA 2B 031002: 4007 4008 4009 VTD: 067NJ01 - NICKAJACK 01 031206: 1040 1044 VTD: 067NP01 - NORTON PARK 01 031106: 2027 VTD: 067NP02 - NORTON PARK 02 VTD: 067OK01 - OAKDALE 01 031206: 1036 1037 1038 1065 1068 1074 1075 1099 1100 3056 3057 3059 3060 3062 3063 3093 3094 3095 3096 VTD: 067OR02 - OREGON 02 VTD: 067OR03 - OREGON 03 031002: 3003 3008 3009 3012 3014 4012 4013 4014 4015 VTD: 067OR04 - OREGON 04 VTD: 067OR06 - OREGON 06 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN5A - SMYRNA 5A 031002: 1020 1038 031004: 1000 1001 1002 1004 1008 031115: 2007 2008 2010 2011 2012 2013 2014 2015 2017 031116: 1000 1001 1002 1003 1004 1005 1006 1007 1009 1010 1012 1013 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1037 1038 1039 1040 1041 1042 1043 1044 2001 2002 2003 2004 2015 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3017 VTD: 067SN7B - SMYRNA 7B VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05 4137 4138 JOURNAL OF THE SENATE On the adoption of the substitute, there were no objections, and the Thompson of the 33rd substitute was adopted. Senator Thompson of the 33rd moved to suspend Senate Rule 7-1.6(b) to allow final passage on HB 905. There was no objection. 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: N Albers Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant E Hamrick Harbison N Heath Y Henson Y Hill, Jack N Hill, Judson Y Hooks Y Jackson, B Y Jackson, L N James N Jeffares Y Jones Y Ligon N Loudermilk Y McKoon E Millar Y Miller Y Mullis Y Murphy N Orrock Paris E Ramsey N Rogers Seay Y Shafer Y Sims N Staton N Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Tippins N Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 31, nays 14. HB 905, 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 disagreed to the Senate amendment to the following Bill of the House: THURSDAY, MARCH 29, 2012 4139 HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; 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 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Shaw of the 176th, Ramsey of the 72nd, and Smith of the 131st. 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 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 4140 JOURNAL OF THE SENATE of budgetary and financial affairs, so as to provide for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Powell of the 171st, Hamilton of the 23rd, and Channell of the 116th. At 3:24 p.m. the President announced that the Senate would stand at ease 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: Bethel of the 54th Harbison of the 15th Senator Heath of the 31st asked unanimous consent that HB 766, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 766, having been taken from the Table, was put upon its passage. HB 766. By Representatives Benton of the 31st, England of the 108th, Burns of the 157th, Meadows of the 5th, Ramsey of the 72nd and others: A BILL to be entitled an Act to amend Article 3 of Chapter 13 of Title 45 of the Official Code of Georgia Annotated, relating to the Division of Archives and History, so as to revise the provisions of law regarding Foundations of American Law and Government displays; to extend the locations in which such displays may appear; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Heath of the 31st. The report of the committee, which was favorable to the passage of the bill, was agreed to. On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour E Bethel Y Hamrick E Harbison Y Heath N Orrock Y Paris Y Ramsey THURSDAY, MARCH 29, 2012 4141 Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Seay Y Shafer Y Sims Staton Y Stone Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 41, nays 9. HB 766, having received the requisite constitutional majority, was passed. The following bill was taken up to consider House action thereto: HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the Senate insist on its amendment to HB 875. The consent was granted, and the Senate insisted on its amendment to HB 875. 4142 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: HB 811. By Representatives Powell of the 171st, Meadows of the 5th, England of the 108th, Hamilton of the 23rd, Nix of the 69th 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 for automatic fee adjustments in cases where funds are not appropriated in certain amounts for specified purposes when certain fees are imposed for such purposes; to provide for definitions, procedures, conditions, and limitations; to provide 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 811 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 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Unterman of the 45th asked unanimous consent that the Senate adhere to its substitute to HB 872 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Murphy of the 27th, McKoon of the 29th and Unterman of the 45th. THURSDAY, MARCH 29, 2012 4143 The following local, uncontested legislation, favorably reported by the committee as listed on the Supplemental Local Consent Calendar #2, was put upon its passage: SENATE SUPPLEMENTAL LOCAL CONSENT CALENDAR #2 Thursday March 29, 2012 Fortieth Legislative Day (The names listed are the Senators whose districts are affected by the legislation.) HB 1208 Stoner of the 6th Rogers of the 21st Hill of the 32nd Thompson of the 33rd Tippins of the 37th COBB COUNTY A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes. SUBSTITUTE The substitute to the following bill was put upon its adoption: *HB 1208: The Senate State and Local Governmental Operations Committee offered the following substitute to HB 1208: A BILL TO BE ENTITLED AN ACT To amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to 4144 JOURNAL OF THE SENATE provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. An Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), is amended by revising subsections (a), (b), and (c) of Section 2 to read as follows: "SECTION 2. (a)(1) For the purpose of electing members of the Board of Education of Cobb County, the Cobb County School District is divided into seven education districts. The seven education districts shall be composed of and correspond to those seven numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cobbsb-SenAmd-p3-2012 Plan Type: Local Administrator: CobbSB User: bak'. (2)(A) When used in such attachment, the term 'VTD' (voting tabulation district) shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (B) The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. Any part of Cobb County School District which is not included in any such district described in that attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (C) Any part of Cobb County which is described in that attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (D) Except as otherwise provided in the description of any education district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. (3) Education Districts 1, 2, 3, 4, 5, 6, and 7, as those districts existed immediately prior to the date this subsection becomes effective in 2012, shall continue to be designated as Education Districts 1, 2, 3, 4, 5, 6, and 7, respectively, but as newly described under this subsection. On and after the date this subsection becomes THURSDAY, MARCH 29, 2012 4145 effective in 2012, those members of the board of education serving from those education districts shall be deemed to be serving from and representing their respective districts as newly described under this subsection. (4) Those members of the board representing Education Districts 1, 3, 5, and 7 on the date this paragraph becomes effective in 2012, and any person selected to fill a vacancy in such position, shall continue to serve out their respective terms of office, which shall expire December 31, 2012, and until their respective successors are elected from newly described districts as provided in paragraph (1) of subsection (a) of this section and are qualified. Those members of the board representing Education Districts 2, 4, and 6 on the date this paragraph becomes effective in 2012, and any person selected to fill a vacancy in such position, shall continue to serve out their respective terms of office, which shall expire December 31, 2014, and until their respective successors are elected from newly described districts as provided in paragraph (1) of subsection (a) of this section and are qualified. (b) There shall be elected to the Board of Education of Cobb County one member from each education district. To be eligible for membership on the board to represent an education district, a person must reside in the education district which he or she represents. Each member shall be elected only by the voters of that education district voting for such office and not by the voters of the entire county. No person residing within the territory embraced within an independent school system shall be eligible to vote in an election for members of the board, nor shall any such person be eligible to serve on the board. In order to be eligible as a member of the Cobb County Board of Education, a candidate must be a resident of the education district from which he or she offers, must be a citizen of the United States of America, must have been a resident of the Cobb County School District for at least 12 months immediately preceding the date of the election, and must be a qualified elector of Cobb County. (c) The first general election at which members of the board of education are elected from Education Districts 1, 3, 5, and 7, as newly described in subsection (a) of this section, shall be that election conducted in 2012. The first general election at which members of the board of education are elected from Education Districts 2, 4, and 6, as newly described in subsection (a) of this section, shall be that election conducted in 2014. Successors to members of the board whose terms of office are to expire shall be elected at the general election immediately preceding the expiration of such terms and shall take office the first day of January immediately following that election for terms of four years and until their successors are elected and qualified." SECTION 2. The Board of Education of Cobb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. 4146 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. Plan: cobbsb-SenAmd-p3-2012 Plan Type: Local Administrator: CobbSB User: bak District 001 Cobb County VTD: 067AC1A - ACWORTH 1A VTD: 067AC1B - ACWORTH 1B VTD: 067AC1C - ACWORTH 1C VTD: 067BK01 - BAKER 01 030106: 1001 1002 1004 1005 1012 1014 1016 1020 2001 2004 2008 2010 2011 030107: 1010 2000 2001 2002 2003 2004 2005 2006 2007 2008 2013 2015 2016 030226: 1007 1008 1009 1011 1012 2000 2001 2003 2005 2006 2011 2014 2015 VTD: 067CH02 - CHEATHAM HILL 02 030230: 2070 2074 2075 2076 2077 2078 2079 030231: 1000 1001 1002 1003 1004 1005 1006 1007 1008 2000 2001 2010 2011 2014 030602: 1008 1025 1027 1029 1031 1032 1039 1041 1043 VTD: 067DU01 - DURHAM 01 VTD: 067FR01 - FORD 01 030219: 4004 4005 4006 4007 4008 4009 4010 4011 4014 4015 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 030218: 2005 2006 2007 2008 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 030239: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 THURSDAY, MARCH 29, 2012 1013 VTD: 067HY01 - HAYES 01 VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 030229: 1031 1032 1033 1035 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1098 2025 2027 VTD: 067KE2B - KENNESAW 2B VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A VTD: 067KE5B - KENNESAW 5B VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 VTD: 067NC01 - NORTH COBB 01 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02 District 002 Cobb County VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 VTD: 067DI01 - DOBBINS 01 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1015 VTD: 067FO02 - FAIR OAKS 02 4147 4148 JOURNAL OF THE SENATE 031005: 1015 1027 1028 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 VTD: 067FO03 - FAIR OAKS 03 031004: 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2021 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3014 3016 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 VTD: 067FO04 - FAIR OAKS 04 031004: 1003 1005 1006 1007 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 2001 2002 2014 2015 2016 2017 2018 2019 2020 3000 3001 3002 3013 3015 VTD: 067FO05 - FAIR OAKS 05 031001: 1027 1028 1029 1030 1031 1032 1034 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3028 031108: 1020 VTD: 067LI01 - LINDLEY 01 VTD: 067MA03 - MABLETON 03 VTD: 067MA04 - MABLETON 04 VTD: 067NJ01 - NICKAJACK 01 031206: 1040 1044 2000 2001 2002 2003 2004 2014 3014 3017 3018 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3034 3035 3036 3037 3042 3044 3045 3068 3069 3070 3071 3072 3073 3075 3076 3078 3079 3080 3081 3082 3083 3084 3090 3097 VTD: 067NP01 - NORTON PARK 01 VTD: 067NP02 - NORTON PARK 02 VTD: 067OK01 - OAKDALE 01 VTD: 067SN2B - SMYRNA 2B 031001: 2056 031108: 3000 3001 3002 3003 3004 3005 3006 3007 3010 3011 3012 3014 3016 3017 3018 3019 3020 3021 3022 3023 3024 3031 3035 4004 4008 VTD: 067SN3A - SMYRNA 3A VTD: 067SN4A - SMYRNA 4A VTD: 067SN5A - SMYRNA 5A THURSDAY, MARCH 29, 2012 VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B VTD: 067SN7C - SMYRNA 7C VTD: 067VG03 - VININGS 03 031205: 1002 1003 1006 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1049 1050 1051 1055 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 District 003 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 031405: 5009 5010 5011 5012 5013 5014 5015 5016 5018 5019 5020 5021 031409: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1013 1014 1022 1023 031507: 1014 2005 2007 2008 2012 2013 2015 2016 2019 2020 2021 2023 2024 2025 2027 2028 2029 VTD: 067HL01 - HARMONY-LELAND VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MC01 - MACLAND 01 031506: 2001 2006 2007 031507: 1004 1013 1016 VTD: 067ME01 - MCEACHERN 01 031505: 1003 3014 3015 3016 3021 3026 031508: 2027 2032 2033 2034 2035 2036 2038 2040 2042 2043 2045 2051 2055 031509: 5003 5004 5005 5007 VTD: 067OR02 - OREGON 02 031405: 4149 4150 JOURNAL OF THE SENATE 5000 5001 5002 5003 5004 5005 5006 5007 5008 VTD: 067OR06 - OREGON 06 031405: 2012 2013 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05 District 004 Cobb County VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 030226: 1000 1002 1003 1004 1005 1006 1019 1022 1023 1029 030227: 1001 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067EL01 - ELIZABETH 01 VTD: 067EL02 - ELIZABETH 02 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GT01 - GRITTERS 01 VTD: 067KE1A - KENNESAW 1A VTD: 067KE2A - KENNESAW 2A 030229: 1036 1048 1049 1052 030230: 1040 1042 1043 1045 1046 1047 1048 1049 1083 1085 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 VTD: 067KE3A - KENNESAW 3A VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 THURSDAY, MARCH 29, 2012 VTD: 067LA01 - LASSITER 01 030314: 1004 1008 2003 2004 2005 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 VTD: 067MK01 - MCCLESKEY 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SI01 - SIMPSON 01 030314: 1001 1002 1005 1006 1007 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02 District 005 Cobb County VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DI01 - DOBBINS 01 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 2017 2018 2020 2021 2022 2027 2058 2059 2060 2061 2062 2063 VTD: 067DO01 - DODGEN 01 030330: 3000 3020 030332: 1004 1005 1008 1009 1010 1011 1012 1013 VTD: 067DV01 - DAVIS 01 VTD: 067EA01 - EASTSIDE 01 030333: 1008 1009 1013 1014 1015 1016 1017 2000 2001 2002 2003 2004 2009 2010 2017 3000 3004 3005 3006 3007 VTD: 067EC01 - EAST COBB 01 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 VTD: 067EL05 - ELIZABETH 05 VTD: 067EL06 - ELIZABETH 06 VTD: 067FP01 - FULLERS PARK 01 030332: 2016 2017 030333: 1000 1001 1002 1003 1004 1005 1006 1007 3001 3002 3003 3008 VTD: 067GM01 - GARRISON MILL 01 4151 4152 JOURNAL OF THE SENATE VTD: 067HT01 - HIGHTOWER 01 VTD: 067LA01 - LASSITER 01 030314: 1019 1020 1021 1022 1023 1024 VTD: 067MB01 - MABRY 01 VTD: 067MD01 - MURDOCK 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 030331: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 030336: 1000 1001 1002 1003 1007 1017 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 030314: 1000 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 030409: 1007 1008 1009 1010 030410: 1031 1033 1036 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2021 2022 030504: 1011 030505: 1000 1001 1003 1004 1006 1007 1008 1011 1014 1020 2007 2010 2011 2016 2023 2024 2025 2026 2027 2028 2029 2030 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3021 3024 3025 3026 3031 3034 4023 4024 4025 4026 4027 4033 4034 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 030409: 1000 1001 1002 1003 1004 1005 1006 1011 1012 1013 1022 1023 1024 2000 2001 2002 2003 2004 2005 2006 2007 2008 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TT01 - TRITT 01 VTD: 067WL01 - WILLEO 01 THURSDAY, MARCH 29, 2012 District 006 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1018 1022 1023 1024 1025 1035 1037 1042 1046 1047 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1027 1029 1030 2005 2009 2029 2030 2031 2032 031113: 1005 1016 031114: 2002 2005 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 030332: 1000 1001 1002 1003 1006 1007 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2019 VTD: 067EA01 - EASTSIDE 01 030333: 2005 030334: 1000 1001 1002 1003 1004 1005 1006 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 030332: 2013 2014 2015 2018 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 4153 4154 JOURNAL OF THE SENATE VTD: 067NJ01 - NICKAJACK 01 031205: 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 031206: 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3015 3016 3019 3098 3099 VTD: 067RW02 - ROSWELL 02 030336: 1004 1005 1006 1008 1009 1010 1011 1012 1013 1014 1015 1016 1018 VTD: 067SM03 - SEWELL MILL 03 030409: 1014 1015 1016 1017 1018 1019 1020 1025 1026 1027 1028 030410: 2015 2016 VTD: 067SM05 - SEWELL MILL 05 030409: 1021 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN2B - SMYRNA 2B 031114: 1000 2003 2004 2006 2007 2008 2010 2011 2012 2013 2014 2015 2016 2017 2018 VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 031205: 2000 2001 3030 3031 VTD: 067VG04 - VININGS 04 District 007 Cobb County VTD: 067CH02 - CHEATHAM HILL 02 030231: 2002 2003 2004 2005 2006 2007 2008 2009 2012 2013 2015 2016 2017 2018 2019 VTD: 067CH03 - CHEATHAM HILL 03 THURSDAY, MARCH 29, 2012 VTD: 067CO01 - COOPER 01 031507: 1000 1007 2000 2001 2011 2014 VTD: 067DL01 - DOWELL 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 031002: 3018 VTD: 067FO03 - FAIR OAKS 03 031002: 3013 3015 3016 VTD: 067FO04 - FAIR OAKS 04 031002: 1007 1008 1009 1010 1011 1014 1015 1016 1017 1018 1019 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1039 3001 3002 3004 3005 3006 3007 3010 3011 3019 VTD: 067FO05 - FAIR OAKS 05 030902: 2026 2027 2028 2029 2034 031001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1033 1035 VTD: 067FO06 - FAIR OAKS 06 VTD: 067FR01 - FORD 01 030236: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 VTD: 067HR01 - HARRISON 01 030231: 4012 4013 4014 4015 4018 4019 4020 4021 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067MC01 - MACLAND 01 031503: 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 031506: 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1013 1014 1015 1016 4155 4156 JOURNAL OF THE SENATE 031507: 1006 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 031505: 3000 3001 3002 3003 3006 3010 031508: 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1017 1018 1019 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2014 2015 2018 2019 2020 2021 2022 2023 2024 2046 2047 2048 2049 2050 2056 VTD: 067OR01 - OREGON 01 VTD: 067OR02 - OREGON 02 031405: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 3000 3001 VTD: 067OR03 - OREGON 03 VTD: 067OR04 - OREGON 04 VTD: 067OR05 - OREGON 05 VTD: 067OR06 - OREGON 06 031405: 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 VTD: 067RR01 - RED ROCK 01 VTD: 067VA01 - VAUGHAN 01 On the adoption of the substitute, the yeas were 47, nays 1, and the committee substitute was adopted. The report of the committee, which was favorable to the passage of the bill as reported, was agreed to. On the passage of the bill on the Supplemental Local Consent Calendar #2, a roll call was taken, and the vote was as follows: Y Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Hamrick E Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate THURSDAY, MARCH 29, 2012 4157 Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Grant Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the passage of the local bill, the yeas were 47, nays 1. The bill on the Supplemental Local Consent Calendar #2, having received the requisite constitutional majority, was passed by substitute. The following resolutions were read and adopted: SR 1315. By Senator James of the 35th: A RESOLUTION recognizing and commending the Joshua Project Worldwide; and for other purposes. SR 1316. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Priscilla Herrin; and for other purposes. SR 1317. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Cindy Pate; and for other purposes. SR 1318. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Ms. Alice Fincher; and for other purposes. SR 1319. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. David Higgins; and for other purposes. SR 1320. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Andy Fowler; and for other purposes. 4158 JOURNAL OF THE SENATE SR 1321. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Pastor Herman Parker; and for other purposes. SR 1322. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. David Howard; and for other purposes. SR 1323. By Senators Butler of the 55th, Henson of the 41st, Millar of the 40th, Thompson of the 5th, Jones of the 10th and others: A RESOLUTION recognizing and commending On Common Ground News on the occasion of its 17th anniversary; and for other purposes. SR 1324. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Dr. C.T. Vivian; and for other purposes. SR 1325. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Kennedi Babers Thompson; and for other purposes. SR 1326. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Lauren Alexis Thompkins; and for other purposes. SR 1327. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Diamond Jandice Smith; and for other purposes. SR 1328. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Charley Alexandria Smith; and for other purposes. SR 1329. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Seretta Monae ShephardPettigrew; and for other purposes. THURSDAY, MARCH 29, 2012 4159 SR 1330. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Cheyanne Aleah Morris; and for other purposes. SR 1331. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Chelsea LaShawn McCuin; and for other purposes. SR 1332. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Meosha Rachal Hall; and for other purposes. SR 1333. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Abrya Nykole Gates; and for other purposes. SR 1334. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Chloe Alysse Garden; and for other purposes. SR 1335. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Iman Kyra Eaton; and for other purposes. SR 1336. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Asia Michelle Days; and for other purposes. SR 1337. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Deja Regine Davis; and for other purposes. SR 1338. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Taylor Louise Cox; and for other purposes. 4160 JOURNAL OF THE SENATE SR 1339. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Chaz Nicole Clay; and for other purposes. SR 1340. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Morgan Angelique Chisolm; and for other purposes. SR 1341. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Quincy Marshall Wolff; and for other purposes. SR 1342. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Christian Jordon Walker; and for other purposes. SR 1343. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Steven Wayne Smith; and for other purposes. SR 1344. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Joshua Evan Smith; and for other purposes. SR 1345. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Justin McDuff SimpsonJames; and for other purposes. SR 1346. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Rodney G. Moore; and for other purposes. SR 1347. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Matthew Joseph Miller; and for other purposes. THURSDAY, MARCH 29, 2012 4161 SR 1348. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Paul L. Howard III; and for other purposes. SR 1349. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Timothy Zachary Harrison; and for other purposes. SR 1350. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Cameron David Gunner; and for other purposes. SR 1351. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Ryan Kristopher Green; and for other purposes. SR 1352. By Senator Tate of the 38th: A RESOLUTION recognizing and commending David Sanders Gilstrap; and for other purposes. SR 1353. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Anthony Todd Farrar; and for other purposes. SR 1354. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Jerome Cox II; and for other purposes. SR 1355. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Kyle Christopher Carruthers; and for other purposes. SR 1356. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Larry David Gunner III; and for other purposes 4162 JOURNAL OF THE SENATE SR 1357. By Senators Heath of the 31st and Rogers of the 21st: A RESOLUTION recognizing and commending Mr. Ryan Forgay; and for other purposes. SR 1358. By Senator Tate of the 38th: A RESOLUTION recognizing and commending William Rodney Gary, Jr.; and for other purposes. SR 1359. By Senator Tate of the 38th: A RESOLUTION recognizing and commending Olivia Braxton Clay; and for other purposes. SR 1360. By Senator Mullis of the 53rd: A RESOLUTION recognizing and commending Bishop Kenneth Pierre Carson; and for other purposes. SR 1361. By Senators Davenport of the 44th, Tate of the 38th, James of the 35th, Fort of the 39th, Seay of the 34th and others: A RESOLUTION recognizing and commending the Atlanta Chapter of World Wings International, Inc., on the occasion of its 30th anniversary; and for other purposes. SR 1362. By Senators Davenport of the 44th, Tate of the 38th, James of the 35th, Fort of the 39th, Seay of the 34th and others: A RESOLUTION recognizing and commending Vikki Howell on the occasion of her retirement; and for other purposes SR 1363. By Senator Jackson of the 2nd: A RESOLUTION recognizing and commending Lil Willie Johnson; and for other purposes. The following Senators were excused as Conferees: Bethel of the 54th Chance of the 16th THURSDAY, MARCH 29, 2012 4163 The following bill was taken up to consider House action thereto: SB 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to provide for the comprehensive revision of provisions relating to ad valorem taxation, assessment, and appeal; to change procedures for transfer of tax executions and enforcement of transferred executions; to change certain provisions relating to redemption by creditors without a lien; to require recording of notices of foreclosure of right to redeem; to extensively revise procedures for assessment appeals and arbitration; to provide for recovery of certain interest, costs, attorney's fees, and other amounts by taxpayers who appeal successfully under certain circumstances; to provide for mailings and payments on nontax related fees or assessments; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to provide for property tax review boards; to provide for members, powers, duties, and authority; to change certain provisions relating to ascertainment of taxable property and assessments and penalties against unreturned property; to change certain provisions relating to annual notice of current assessment; to change certain provisions relating to county boards of equalization and ad valorem tax appeals; to change certain provisions relating to county tax digests and deviations from certain assessment ratios; to change certain provisions relating to conditionally approving certain subsequent county tax digests; to change certain provisions relating to refunds of certain taxes and license fees by counties and municipalities; to provide for limitations on certain contracts to assess and collect municipal taxes and prepare tax digests; to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. 4164 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 by revising Code Section 48-3-19, relating to transfer of tax executions, as follows: "48-3-19. (a) As used in this Code section, the term: (1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of the record owner of the property. The following actions shall satisfy the diligent search requirements of this Code section: sending notice by first-class mail, certified mail, or statutory overnight delivery, as required by law. If the notice is returned undelivered, the following actions shall satisfy the diligent search requirements of this Code section: due diligence shall include checking telephone directories for the county wherein the property is located; checking Internet search engines and people finder data bases, which may include the use of online address verification products and services; checking the records of the tax commissioner of the county wherein the property is located; or checking the real estate records of the clerk of the superior court of the county wherein the property is located. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (4) 'Transferee' means a person to whom an execution is transferred. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special assessments, the officer whose duty is to enforce the execution may transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. (2)(A) It shall be unlawful for any tax official covered by this subsection to pay a THURSDAY, MARCH 29, 2012 4165 tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are: (i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c)(1) Within 60 30 days following the transfer of an execution, the transferee shall notify the delinquent taxpayer of the transfer of the tax execution by: (A) First class mail and certified mail; or (B) Statutory overnight delivery. (1.1) The notice shall include: (A) The name, mailing address, and telephone number for the transferee's business office; (B) The amount necessary to satisfy such execution; and (C) Other information as deemed appropriate by the transferee. (2) In the event that any such notice required in this subsection by: (A) First-class mail and certified mail; or (B) Statutory overnight delivery is returned undelivered, the transferee shall be required to perform a due diligence search in an effort to obtain the delinquent taxpayer's correct address or any new owner's correct address and resend the notice by first-class mail. (d) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title and fees actually required by the clerk of superior court or his or her deputy in recording or canceling the transferred execution on the general execution docket of any county in which the transfer is executed. (e)(1) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall 4166 JOURNAL OF THE SENATE not be subject to the time period requirements of paragraph (1) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph (1) of this subsection. (f) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail first class mail and certified mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice must shall provide the transferee's most updated contact information, including mailing address and telephone number. In the event any such notice is returned undelivered, the transferee shall be required to perform a due diligence search in an effort to obtain the correct address of the delinquent taxpayer or new owner and resend the notice by first-class mail and certified mail. (g) Any transferee that pays the tax official more than $2 million in any calendar year for the transfer of executions shall maintain a reasonably accessible office within 50 miles of the courthouse wherein the superior court of the county wherein the transferred executions were issued is located. Said office shall be open to the public for at least eight hours per day for five days a week, official state holidays excepted. (h) In the event any execution transferred is later determined to have been issued in error, the transferee shall cease and desist from all collection efforts, remove the associated entries from any execution docket on which it has been entered, and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execution at the time of transfer without any additional fees, interest, and collection costs that may have been incurred by the transferee since the transfer. (i) No executions for nonpayment of taxes shall be transferred for any year as to which the property is in an appeal for any years affected by the appeal until there has been a final determination of the value of the property." SECTION 2. Said title is further amended by revising Code Section 48-4-41, relating to redemption by creditors without liens, as follows: "48-4-41. (a) If the property is redeemed by a creditor of the defendant in fi. fa. who has no lien, the creditor shall have a claim against the property for the amount advanced by him in order to redeem the property if: (1) There is any sale of the property after the redemption under a judgment in favor of the creditor; and (2) The quitclaim deed is recorded as required by law. (b)(1) As used in this subsection, the term 'authorized party' means any or all of the following: (A) The defendant in fi. fa.; (B) The holder of any security deed affecting the subject property; or (C) The holder of any lien for taxes affecting the subject property. THURSDAY, MARCH 29, 2012 4167 (2) Any party other than an authorized party redeeming a property at a tax sale shall be prohibited from doing any of the following for at least 12 months after the date of redemption: (A) Applying for a refund of excess funds paid at a tax sale; or (B) Proceeding with any judicial or nonjudicial action to foreclose the first-priority lien created by subsection (a) of this Code section." SECTION 3. Said title is further amended in Code Section 48-4-46, relating to notice of foreclosure of right to redeem, by revising subsection (d) as follows: "(d) Each original notice together with the entry of the sheriff on the notice shall be returned to the person by whom the service was requested upon the payment of the sheriff's costs as provided by law. Any original notice together with the entries on the notice may shall be filed and recorded on the deed records in the office of the clerk of the superior court of the county in which the land is located." SECTION 4. Said title is further amended by revising Code Section 48-5-33, which is reserved, as follows: "48-5-33. (a) As used in this Code section, the term 'nontax related fees or assessments' means any fees or assessments related to real property which are not ad valorem taxes on such real property and includes, but shall not be limited to, storm-water service fees or solid waste service fees. (b) In the event that the mailing sent by the tax commissioner contains a billing for ad valorem taxes on real property as well as one or more billings for nontax related fees or assessments, and the taxpayer remits only a partial payment, such partial payment shall first be applied to the outstanding balance of ad valorem taxes on real property which are due and payable. Reserved." SECTION 5. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows: "48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county property appraisal staff following consultation with and the written consent of the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, 4168 JOURNAL OF THE SENATE each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with and the written consent of the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement. (b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with and the written consent of the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county. (c)(1) On or after January 1, 2013, any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable." SECTION 6. Said title is further amended by adding a new Code section to read as follows: "48-5-295.2. (a) As used in this Code section, the term 'review board' means a property tax review THURSDAY, MARCH 29, 2012 4169 board appointed under subsection (b) of this Code section. (b) The commissioner shall appoint an independent property tax review board. The commissioner shall appoint three competent persons to serve as members of the review board, one of whom shall be an employee of the commissioner, one of whom shall be a chief appraiser, and one of whom shall be a citizen taxpayer. Each member of the review board shall serve for a term of one year and until that member's successor has been appointed and qualified. The commissioner shall appoint a successor to fill the unexpired term of any vacancy on the review board. The commissioner may appoint additional review boards if necessary for the effective and efficient performance of duties under this Code section. (c) It shall be the duty of each review board to make a thorough and complete investigation of complaints filed with the commissioner by any taxpayer regarding any county board of tax assessors, or one or more members thereof, or any county board of equalization, or one or more members thereof, with respect to all actions regarding: (1) Blatant or wanton disregard of state law or regulations; or (2) Inappropriate, unprofessional, or abusive behavior. (d) Upon the filing of a uniform complaint form with a review board and the filing of a $100.00 filing fee payable to the commissioner, the review board shall conduct an initial review within ten days of the date of the filing of the complaint to determine if the complaint and any accompanying documentation or evidence has sufficient merit to proceed to a hearing. A review board shall make a written determination that either the complaint is insufficient to proceed to a hearing or that it is sufficient to proceed to a hearing. If a review board finds that a hearing is warranted, the hearing shall be scheduled within ten days of the date of the finding of sufficiency. (e) A review board shall issue a written report of its findings following such hearing which shall include such evaluations, judgments, and recommendations as it deems appropriate. (f) The findings of the report of the review board under subsection (d) of this Code section shall be grounds for the commissioner to order mandatory additional training or education, disqualification to continue to serve as a member of a county board of tax assessors or a county board of equalization pending the successful completion of such remediation as may be ordered by the commissioner, a refund of the filing fee, or such other remediation measures as the commissioner deems appropriate. (g) A review board shall not be authorized to investigate and shall not accept complaints regarding any staff of a county board of tax assessors. (h) A public notice stating a taxpayer's right to file a complaint as described by this Code section shall be posted: (1) On the county's website; (2) In a prominent location readily viewable by the public in the office of the county board of tax assessors and on such board's website; and (3) In the office of the county board of equalization in each county in this state." 4170 JOURNAL OF THE SENATE SECTION 7. Said title is further amended by revising subsection (b) of Code Section 48-5-299, relating to ascertainment of taxable property and assessments and penalties against unreturned property, as follows: "(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county. (2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B) In all cases in which unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year." SECTION 8. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-5-306, relating to annual notice of current assessment, as follows: "(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 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. At the time of filing your appeal you must select one of the following options: (i) An appeal to the county board of equalization 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 as shown on the taxpayer's notice of assessment, and any contiguous nonhomestead real property owned by the same taxpayer, 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 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 THURSDAY, MARCH 29, 2012 4171 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 or most applicable 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.'" SECTION 9. Said title is further amended by revising Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, as follows: "48-5-311. (a) Establishment. (1) Except as otherwise provided in this subsection, there is established in each county of the this 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 members of each board of equalization 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 substantive business of the board. The clerk of the superior court shall be vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards in compliance with paragraph (4) of subsection (d) of this Code section. 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 4172 JOURNAL OF THE SENATE 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) 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. (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 in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property in any county in the region where such person is appointed to serve, 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) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of their appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The commissioner shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment. (B) 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. On or after January 1, 2013, following the completion of each successive two terms of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and THURSDAY, MARCH 29, 2012 4173 required by the commissioner for newly appointed members. 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)(C) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 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) (B) 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. (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 cause such appointees to appear before the clerk for the purpose of taking and executing in writing the oath of office. The clerk may utilize 4174 JOURNAL OF THE SENATE any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery 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 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 shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God. _________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or 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 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 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 procedures which comply strictly with the regulations THURSDAY, MARCH 29, 2012 4175 promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) 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 maintaining the uniform application forms 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 this subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling 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. (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 of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and 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 4176 JOURNAL OF THE SENATE to properly destroy any records from the hearings before the county board of equalization or hearing officers but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. 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 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 county board of equalization 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 as shown on the taxpayer's notice of assessment, and any contiguous nonhomestead real property owned by the same taxpayer, 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 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 a hearing officer as to matters of uniformity of assessment of 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 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 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 THURSDAY, MARCH 29, 2012 4177 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. 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. 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. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors. 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 county board of tax assessors by emailing, 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. 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 4178 JOURNAL OF THE SENATE 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. (3)(A) In any each 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 with written notice to the taxpayer, except as otherwise provided in this paragraph. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. Such additional period shall commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to make its determination and notify the taxpayer or the taxpayer's attorney not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors. If the county board of tax assessors fails to make its determination and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to impose penalties, require additional training, or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (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 THURSDAY, MARCH 29, 2012 4179 board of tax assessors shall have the burden of proving its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (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. Such notice shall be sent by first-class mail to the taxpayer. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail. 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 board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. 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 delivered by hand to each party, with written receipt, or 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 4180 JOURNAL OF THE SENATE any matter. All three members of the board must shall 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 prior year's valuation as set by the county board of tax assessors. This unless the property in issue has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no property improvement has occured. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. 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 or to the entity or transferee that paid the taxes 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 of such interest exceed $150.00. (7) The clerk of the superior court shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The clerk of the THURSDAY, MARCH 29, 2012 4181 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 shall 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 shall 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. (10) Within ten days of a final determination of value by the tax assessors, a board of equalization, arbitrator, hearing officer, or the superior court, the county board of tax assessors shall forward said decision to the tax commissioner. (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 as shown on the taxpayer's notice of assessment, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under 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. (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 4182 JOURNAL OF THE SENATE 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 certify the notice of appeal and send or deliver all necessary papers to the clerk of the superior court and mail a copy to the taxpayer. (6)(A) 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. The clerk of the superior court shall notify the taxpayer and the taxpayer's attorney of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the clerk of the superior court, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall transfer the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney and the county board of tax assessors of the transmittal of such appeal. (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 both parties 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. THURSDAY, MARCH 29, 2012 4183 (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 $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties. Compensation pursuant to 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 the 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. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. The commissioner shall seek input from all interested parties prior to such promulgation. (f) 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 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. (3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an 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 4184 JOURNAL OF THE SENATE 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. 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 shall, within 45 days of the filing of the notice date of transmittal of the acknowledgment of receipt of the appeal, 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 of the date of transmittal of the acknowledgment of receipt of the appeal, the taxpayer shall pay to the clerk of the superior court the fees, if any, if the county board of tax assessors rejects the appraisal. 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 immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of filing the notice of the acknowledgment of receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the board of assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the board of assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record, in which case the county board of tax assessors shall certify within 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 the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. 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 45 days after receipt of the certified appraisal, then the certified appraisal shall become the final value, and the filing fees shall be returned to the taxpayer. 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 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 THURSDAY, MARCH 29, 2012 4185 to the clerk of the superior court, the presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (B)(C) The arbitration shall be conducted pursuant to the following procedure: (i) The county board of tax assessors shall include in the notice of rejection of the taxpayer's certified appraisal a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. If such meeting is not scheduled by the county board of tax assessors within such 60 day period, the taxpayer's certified appraisal shall become the final determination of value. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. Only if If the parties cannot agree on the single arbitrator, the arbitrator shall be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a 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. 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. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer. The presiding or 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. The hearing shall occur 4186 JOURNAL OF THE SENATE in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (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) 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 the final value for the property submitted by the board of assessors and a single the final 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 final value submitted by the board of assessors and the single final 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. (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 superior court. (5) If the county's tax bills are issued before an arbitrator 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 prior year's valuation as set by the county board of tax assessors. This unless the property in issue has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no property improvement has occurred. The county tax commissioner shall have the authority to adjust such tax bill THURSDAY, MARCH 29, 2012 4187 to reflect the 100 percent value as requested by the taxpayer. 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. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization 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 hearing officer, as applicable, 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. 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 subparagraph (e)(6)(D) or paragraph (6) of subsection (e.1) of this Code section. 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 the county board of tax assessors, 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 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 its opinions of value and the validity of 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, 4188 JOURNAL OF THE SENATE authorize the finding find that the value asserted by the taxpayer is unreasonable and reasonable and the fair market value of the property, or declare a mistrial authorize the determination of the final value of the property. (4)(A) The appeal shall be 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 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 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 or to the entity or transferee that paid the taxes 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 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. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization 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. (h) Recording of interviews. In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make 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 THURSDAY, MARCH 29, 2012 4189 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 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)(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. (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. 4190 JOURNAL OF THE SENATE (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 paragraph (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, entity, or transferee who paid the taxes 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." SECTION 10. Said title is further amended by revising subsection (b) of Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratios, and by adding a new subsection to read as follows: "(b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall THURSDAY, MARCH 29, 2012 4191 notify the county governing authority annually of the amount so assessed, and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date. (c) Beginning with tax digests on or after January 1, 2012, no county shall be subject to the assessment authorized by subsection (b) of this Code section. This subsection shall stand automatically repealed on December 31, 2014." SECTION 11. Said title is further amended in Code Section 48-5-346, relating to the effect of conditionally approving certain subsequent county tax digests, by adding a new subsection to read as follows: "(e) Beginning with tax digests on or after January 1, 2012, no county shall be subject to the penalty authorized by paragraph (2) of subsection (a) of this Code section. This subsection shall stand automatically repealed on December 31, 2014." SECTION 12. Said title is further amended by revising Code Section 48-5-359.1, relating to contracts to assess and collect municipal taxes and prepare tax digests, as follows: "48-5-359.1. (a)(1)(A) This paragraph shall apply to a county which has fewer than 50,000 tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. (2)(A) This paragraph shall apply to any county which has 50,000 or more tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this 4192 JOURNAL OF THE SENATE subsection between the county governing authority and, a municipality, and the tax commissioner shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. (2)(A) No contract which was entered into under this subsection prior to the effective date of this Code section shall be in any way renewed or extended. Such contract shall remain in force and effect only until the expiration date specified in such contract. (B) No contract shall be entered into under this subsection on or after the effective date of this Code section. (C) Any contract, extension, or renewal which violates any provision of subparagraph (A) or (B) of this paragraph shall be deemed contrary to public policy and shall be unenforceable. (b) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) or (c) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector. (c) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner of the county, with the consent of the tax commissioner, to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. The tax commissioner is specifically prohibited from contracting directly with a municipality, and accepting, receiving, and retaining compensation from the municipality for such additional duties and responsibilities." SECTION 13. Said title is further amended by revising subsections (b) and (c) of Code Section 48-5380, relating to refunds of certain taxes and license fees by counties and municipalities, as follows: "(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 grounds for a refund exist under subsection (a) of this Code section, 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 THURSDAY, MARCH 29, 2012 4193 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, 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 180 days 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 180 days 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 one year 180 day period. No action or proceeding for the recovery of a refund shall be commenced after the expiration of one year 180 days from the date the claim is denied. The one year 180 day 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 180 day period or any extension of the one-year 180 day period." SECTION 14. Said title is further amended by revising subsection (b) of Code Section 48-6-2, relating to real estate transfer tax exemptions, as follows: "(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown, and the fair market value of real and personal property conveyed shall be shown on the form prescribed in subsection (c) Code Section 48-6-4." SECTION 15. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 486-4, relating to real estate transfer tax payment as certain filing prerequisites, as follows: "(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the fair market value of real and personal property conveyed shall be shown separately on the form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 48-6-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be 4194 JOURNAL OF THE SENATE filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the fair market value of real and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the fair market value shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded." SECTION 16. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to the ad valorem tax year beginning January 1, 2012, as well as all future ad valorem tax years. SECTION 17. 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 234 as amended by the following amendment: Amend the House Committee on Judiciary substitute to SB 234 (LC 25 6064ERS) by inserting "to change provisions relating to rate of interest on past due taxes and the penalty on delinquent tax payments in certain counties;" after "appeal;" on line 3. By inserting after "executions;" on line 4 the following: to eliminate the ability to transfer tax executions to third parties after the effective date of this Act; By deleting "to provide for property tax review boards;" from line 10. By inserting between lines 27 and 28 the following: amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows: THURSDAY, MARCH 29, 2012 4195 "48-2-40. Except as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at the rate of 1 .05 percent per month from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes." Said title is further SECTION 1A. By replacing lines 80 and 88 with the following: (A) First-class first-class mail and certified mail; or By replacing "first class" with "first-class" on line 113. By deleting the quotation mark at the end of line 133 and inserting between lines 133 and 134 the following: (j) On and after the effective date of this Code section, no tax execution shall be transferred pursuant to this Code section." By inserting between lines 162 and 163 the following: SECTION 3A. Said title is further amended by revising subsection (b), subparagraph (c)(1)(B), and subsections (d) and (e) of Code Section 48-5-24, relating to the payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, as follows: "(b) In all counties having a population of not less than 625,000 nor more than 700,000 according to the United States decennial census of 2000 or any future such census, the taxes shall become due in two equal installments. One-half of the taxes shall be due and payable on July 1 of each year and shall become delinquent if not paid by August 15 in of each year. The remaining one-half of the taxes shall be due and payable on October 1 of each year and shall become delinquent if not paid by November 15 of each year. A penalty not to exceed 5 2.5 percent of the amount of each installment shall be added to each installment that is not paid before the installment becomes delinquent. Intangible taxes in one installment shall become due on October 1 of each year and shall become delinquent if not paid by December 31. A penalty not to exceed 5 2.5 percent of the amount of intangible taxes due shall be added to any installment that is not paid before it becomes delinquent. All taxes remaining unpaid as of the close of business on December 31 of each year shall bear interest at the rate specified in Code Section 48-2-40, but in no event shall an interest payment for delinquent taxes be less than $1.00. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Notwithstanding the foregoing, the governing authority of any county subject to this subsection may 4196 JOURNAL OF THE SENATE change the tax due dates provided in this subsection if the county's tax digest is not approved pursuant to Code Section 48-5-271 before July 1 of any year." "(B) An additional rate of interest on the amount of such taxes, fees, service charges, and assessments which exceeds $1,000.00 equal to 1 .05 percent per annum for each full calendar month which elapses between the date that the taxes, fees, service charges, and assessments first become due and the date on which they are paid in full. The total rate of interest determined under this paragraph shall not exceed 12 6 percent per annum or the rate specified in Code Section 48-2-40, whichever is more. The additional rate of interest shall not apply to amounts determined to be owed by a taxpayer pursuant to any arbitration, equalization, or similar proceeding, if brought in good faith by the taxpayer, provided that the taxpayer shall have previously paid to the county or municipality the amount of such liability which was not in dispute;" "(d) In all counties having a population of not less than 150,000 nor more than 180,000 or not less than 183,000 nor more than 216,000 or not less than 218,000 nor more than 445,000 according to the United States decennial census of 1990 or any future such census, a penalty of 10 5 percent of the tax due shall accrue on taxes not paid on or before December 20 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and penalty are paid. The tax collectors shall issue executions for such taxes, penalty, and interest against each delinquent taxpayer in their respective counties. The 10 5 percent penalty shall be paid over to the county fiscal authority to assist the county in paying the expense of collecting the delinquent taxes. (e) In all counties having a population of not less than 595,000 nor more than 660,000 according to the United States decennial census of 2000 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection 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." By deleting lines 224 through 266 and inserting in lieu thereof: Reserved. By replacing lines 591 through 597 with the following: board of tax assessors. 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 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 THURSDAY, MARCH 29, 2012 4197 to or filing with the county board of tax assessors a written 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. By inserting after line 635 the following: (D) With regard to subparagraphs (A), (B), and (C) of this paragraph, in any year in which a taxpayer receives a property tax assessment increase of more than 10 percent per year, upon an annual basis, the county board of tax assessors shall make its determination and notify the taxpayer within 90 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 90 day period during such year, the appeal shall be automatically referred to the county board of equalization with written notice to the taxpayer, except as otherwise provided in this paragraph. By replacing "occured" with "occurred" on line 699. By replacing line 707 with the following: question. Such deduction shall be refunded to the taxpayer the entity or By replacing lines 918 and 919 with the following: overnight delivery not less than ten 30 days before the hearing. Such written notice shall advise each party that documents or other written evidence and a final submitted value to be presented at the By replacing lines 1185 through 1207 with the following: tax commissioner by the county. A tax commissioner shall be specifically prohibited from contracting directly with a municipality and accepting, receiving, or retaining compensation from the municipality for such additional duties and responsibilities; provided, however, that he or she may be additionally compensated by the county for such additional duties and responsibilities. (2) No contract between a municipality and a tax commissioner which was entered into under this Code section prior to the effective date of this Code section and which provides in any manner for such tax commissioner to be compensated directly and personally for rendering any service in his or her official capacity for such municipality shall be in any way renewed or extended. Such contract shall remain in force and effect only until the expiration date specified in such contract, without any automatic renewal being able to occur. (3) No contract between a municipality and a tax commissioner shall be entered into under this Code section on or after the effective date of this Code section. (b) Any contract, extension, or renewal which violates any provision of this Code section shall be deemed contrary to public policy and shall be unenforceable. (b)(c) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector." 4198 JOURNAL OF THE SENATE By replacing "2012" with "2013" on line 1278. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour C Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J C Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort N Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 234 as amended by the Senate. Senator Hooks of the 14th was excused as a Conferee. Senator Unterman of the 45th asked unanimous consent that HR 1151, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HR 1151, having been taken from the Table, was put upon its adoption. HR 1151. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, Teasley of the 38th, Allison of the 8th and others: A RESOLUTION creating the Joint Human Trafficking Study Commission; and for other purposes. Senate Sponsor: Senator Unterman of the 45th. THURSDAY, MARCH 29, 2012 4199 The Senate Health and Human Services Committee offered the following substitute to HR 1151: A RESOLUTION Creating the Joint Human Trafficking Study Commission; and for other purposes. WHEREAS, the State of Georgia is home to numerous victims of human trafficking which includes those who have been forced into labor and sexual servitude; and WHEREAS, victims of human trafficking include both adults and children as well as citizens from Georgia, other states, and other countries; and WHEREAS, according to U.S. State Department data, an estimated 600,000 to 820,000 men, women, and children are trafficked across international borders each year, and of those, approximately 80 percent are women and girls and up to 50 percent are minors; and WHEREAS, studies have estimated that approximately 400 girls are sexually exploited each month in Georgia, with the average age of initial exploitation being 12 to 14 years of age; and WHEREAS, the Federal Bureau of Investigation has named Atlanta as one of the 14 cities with the highest incidence of the use of children in prostitution; and WHEREAS, the State of Georgia has significantly improved its criminal justice system response to the crime of human trafficking through the passage of HB 200 in the 2011 session of the General Assembly; and WHEREAS, although the State of Georgia provides some services for child victims of sexual exploitation, a comprehensive system of services for all victims of human trafficking is needed to enable all individuals who have been forced into labor and sexual servitude to recover from this exploitation; and WHEREAS, experts on human trafficking and victim services should evaluate models of victim services from other states to recommend an appropriate framework for the State of Georgia. NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is created the Joint Human Trafficking Study Commission to be composed of 13 members. The President of the Senate shall appoint three members of the Senate as members of the commission, one of whom shall be a member of the minority party, and shall designate one of such members as cochairperson. The Speaker of the 4200 JOURNAL OF THE SENATE House of Representatives shall appoint three members of the House of Representatives as members of the commission, one of whom shall be a member of the minority party, and shall designate one of such members as cochairperson. One member shall be a local police chief appointed by the Georgia Association of Chiefs of Police. One member shall be a district attorney appointed by the Prosecuting Attorneys' Council of the State of Georgia. One member shall be a juvenile court judge appointed by the Council of Juvenile Court Judges. One member shall be a superior court judge appointed by the Council of Superior Court Judges of Georgia. One member shall be a public defender appointed by the Georgia Public Defender Standards Council. One member shall be an individual with expertise in advocacy for children who are sexually exploited appointed by the Governor's Office for Children and Families. One member shall be an individual with expertise in advocacy for adult victims of human trafficking appointed by the Governor's Office for Children and Families. The cochairpersons shall call all meetings of the commission. BE IT FURTHER RESOLVED that the commission shall undertake a study of the conditions, needs, issues, and problems mentioned above or related thereto and recommend any action or legislation which the commission deems necessary or appropriate. In conducting such study, the commission shall study current law and policy in Georgia and other states and shall elicit views from experts in the fields of child welfare, juvenile justice, social work, mental health, and public health as well as input from child victims and adult survivors of commercial sexual exploitation. The commission shall examine recent policy and social science reports on human trafficking, including, but not limited to, its effect on individuals and community safety. The commission shall review services that are currently available to this population in Georgia, as well as best practices for serving victims of human trafficking from other jurisdictions. The commission may conduct such meetings at such places and at such times as it may deem necessary or convenient to enable it to exercise fully and effectively its powers, perform its duties, and accomplish the objectives and purposes of this resolution. Members of the commission shall receive no compensation for their services on the commission, and they shall not be reimbursed for expenses incurred by them in the performance of their duties as members of the commission. In the event the commission makes a report of its findings and recommendations, with suggestions for proposed legislation, if any, such report shall be made on or before December 31, 2012, and a copy of the report shall be delivered to the Speaker of the House of Representatives and the Lieutenant Governor. The commission shall stand abolished on January 1, 2013. On the 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. THURSDAY, MARCH 29, 2012 4201 On the adoption of the resolution, a roll call was taken, and the vote was as follows: Y Albers Y Balfour C Bethel Y Bulloch Y Butler Carter, B Y Carter, J C Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson C Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 48, nays 0. HR 1151, having received the requisite constitutional majority, was adopted by substitute. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed by the requisite constitutional majority the following Bills of the Senate: SB 350. By Senators Balfour of the 9th, Sims of the 12th, Hamrick of the 30th and Hooks of the 14th: A BILL to be entitled an Act to amend Chapter 16 of Title 16 of the Official Code of Georgia Annotated, relating to forfeiture of property used in burglary or armed robbery, so as to provide for the disposition of firearms used in burglaries or armed robberies; to amend Article 3 of Chapter 5 of Title 17 of the Official Code of Georgia Annotated, relating to 4202 JOURNAL OF THE SENATE disposition of seized property, so as to provide for the disposition of firearms seized in criminal investigations and surplus firearms of law enforcement agencies; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. SB 432. By Senators Heath of the 31st, Mullis of the 53rd, Loudermilk of the 52nd and Rogers of the 21st: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to possession of dangerous weapons, so as to define a certain term; to provide that a political subdivision shall not enact any ordinance which is more restrictive of the sale or possession of a knife than general law; to repeal conflicting laws; and for other purposes. SB 533. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to provide for nonpartisan judicial elections in Floyd County; to provide that the judge of the Probate Court of Floyd County and the chief magistrate of Floyd County shall be elected in nonpartisan elections; to provide for submission of this Act under the federal Voting Rights Act of 1965, as amended; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has passed, by substitute, by the requisite constitutional majority the following Bills of the Senate: SB 114. By Senators Grant of the 25th, Staton of the 18th, Hooks of the 14th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, so as to provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4203 SB 470. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitutes to the following Bill of the House: HB 39. By Representatives Benton of the 31st, England of the 108th, 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 456. By Representatives Byrd of the 20th, Hill of the 21st, Braddock of the 19th, Jerguson of the 22nd, Sheldon of the 105th and others: 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 establish the "Georgia Government Accountability Act"; to provide for a short title; to provide for legislative intent; to create the Legislative Sunset Advisory Committee; to authorize the committee to review and evaluate state agencies' productivity, efficiency, and responsiveness; to provide for the automatic abolition of certain state agencies contingent upon adoption of a resolution by the General Assembly declaring that the state laws applicable to such agency have been repealed, revised, or reassigned; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 634. By Representatives Sheldon of the 105th, Rice of the 51st, Coleman of the 97th, Harrell of the 106th and Casas of the 103rd: A BILL to be entitled an Act to amend Code Section 48-5-24 of the Official Code of Georgia Annotated, relating to installment payment of ad valorem taxes, so as to change the provisions relative to population brackets and the 4204 JOURNAL OF THE SENATE census regarding interest on unpaid ad valorem taxes in each county of this state having a population of 800,000 or more according to the United States decennial census of 2000 or any future such census, so that such provisions remain applicable to such counties; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 706. By Representatives Dudgeon of the 24th, Coleman of the 97th, England of the 108th, Kaiser of the 59th, Dickson of the 6th 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 delete obsolete, unused, and unnecessary provisions; to clarify a provision relating to eligibility for enrollment; to eliminate a deadline for annual performance evaluations; to clarify the legal status of regional educational service agencies; to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school systems; to revise provisions for purposes of conformity; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 797. By Representatives Jones of the 46th, Coleman of the 97th and Lindsey of the 54th: A BILL to be entitled an Act to amend Article 31 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to charter schools, so as to revise funding for state chartered special schools; to provide for submittal of charter petitions to the Charter Committee of the State Board of Education; to provide for resubmittal of a charter petition to a local board of education upon expiration of the charter term of a state chartered special school; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Tippins of the 37th asked unanimous consent that HR 1150, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HR 1150, having been taken from the Table, was put upon its adoption. HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student THURSDAY, MARCH 29, 2012 4205 counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows: "(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to assure that any one cent sales and use tax for educational purposes is distributed equally to a ( ) NO school system on a per student basis?" All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No." If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state. The Senate Finance Committee offered the following substitute to HR 1150: A RESOLUTION Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and an independent school district located in such county with more than 3,000 full-time equivalent students; to provide for the submission of this amendment for ratification or rejection; and for other purposes. 4206 JOURNAL OF THE SENATE BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows: "(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or, for independent school districts with less than 3,000 full-time equivalent students, upon such other formula for distribution as may be authorized by local law agreed upon by all participating districts. Any law implementing this subparagraph shall not be considered a population Act. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to assure that any one cent sales and use tax for educational purposes is distributed equally to a ( ) NO school system on a per student basis for certain school systems?" 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 Albers Y Balfour Y Bethel Y Bulloch N Butler Y Hamrick E Harbison Y Heath N Henson Hill, Jack Y Orrock N Paris Y Ramsey Y Rogers N Seay THURSDAY, MARCH 29, 2012 4207 Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby N Davenport N Davis N Fort N Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson N Unterman Y Wilkinson Y Williams On the adoption of the resolution, the yeas were 40, nays 13. HR 1150, having received the requisite two-thirds constitutional majority, was adopted by substitute. The following Senators were excused as Conferees: Bethel of the 54th Millar of the 40th Chance of the 16th Unterman of the 45th Hooks of the 14th Senator Staton of the 18th was excused for business outside the Senate Chamber. Senator Tolleson of the 20th asked unanimous consent that HB 1102, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 1102, having been taken from the Table, was put upon its passage. HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Tolleson of the 20th. 4208 JOURNAL OF THE SENATE The Senate Natural Resources and the Environment Committee offered the following substitute to HB 1102: A BILL TO BE ENTITLED AN ACT To amend portions of the Official Code of Georgia Annotated relating to contaminated property; to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; 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 extend the preferential assessment of brownfield property under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, is amended by revising paragraph (6) of subsection (b) of Code Section 12-8-202, relating to definitions, as follows: "(6) 'Prospective purchaser' means a person who intends to purchase a property where there is a preexisting release or a person who has applied for a limitation of liability pursuant to this article within 30 days of acquiring title to a property where there is a preexisting release." SECTION 2. Said article is further amended by revising subsection (c) of Code Section 12-8-208, relating to exceptions to limitation of liability, as follows: "(c) The limitation of liability provided by this article shall be fully transferable automatically inure to the benefit of heirs, assigns, successors in title, and designees of the person to whom such limitation of liability is granted; provided, however, that in no event shall the director's approval of a corrective action plan or concurrence with a certification of compliance operate to absolve from liability any party deemed to be a person who has contributed or is contributing to a release at the qualifying property; and provided, further, that a transfer of the title to the qualifying property or any portion thereof from the prospective purchaser back to the owner of the property from which the subject property was purchased, to any other party deemed to be a person who has contributed or is contributing to a release at the property, or to any person disqualified from obtaining a limitation of liability under Code Section 12-8-206, or back to the owner of the property from which the subject property was purchased shall terminate any limitation of liability applicable to the transferor under this article." THURSDAY, MARCH 29, 2012 4209 SECTION 3. 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 subparagraph (F) of paragraph (3) of Code Section 48-5-2, relating to definitions regarding ad valorem taxation of property, as follows: "(F) Fair market value of 'brownfield property' as such term is defined in subsection (a) of Code Section 48-5-7.6 means: (i) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-5-7.6, for the first ten years in which the property is classified as 'brownfield property,' or as this period of preferential assessment may be extended pursuant to subsection (o) of Code Section 48-5-7.6, the value equal to the lesser of the acquisition cost of the property or the appraised fair market value of the property as recorded in the county tax digest at the time application was made to the Environmental Protection Division of the Department of Natural Resources for participation under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Sites Site Reuse and Redevelopment Act,' as amended; and (ii) Unless sooner disqualified pursuant to subsection (e) of Code Section 48-57.6, for the eleventh and following years, or at the end of any extension of this period of preferential assessment pursuant to subsection (o) of Code Section 48-57.6, the fair market value of such property as determined by the provisions of this paragraph, excluding the provisions of this subparagraph." SECTION 4. Said article is further amended by revising paragraph (3) of subsection (d) of, subparagraph (e)(1)(D) of, and adding a new subsection to Code Section 48-5-7.6, relating to preferential assessment of brownfield property, to read as follows: "(3) The local taxing authority shall enter upon the tax digest as the basis or value of a parcel of brownfield property a value equal to the lesser of the acquisition cost of the property or the assessment of the fair market value of the property as recorded in the county tax digest at the time application for participation in the Hazardous Site Reuse and Redevelopment Program was submitted to the Environmental Protection Division of the Department of Natural Resources under Article 9 of Chapter 8 of Title 12, the 'Georgia Hazardous Site Reuse and Redevelopment Act,' as amended. Property classified as brownfield property shall be recorded upon the tax digest as provided in this Code section for ten consecutive assessment years, or as extended pursuant to subsection (o) of this Code section, unless sooner disqualified pursuant to subsection (e) of this Code section, and the notation 'brownfield property' shall be entered on the tax digest adjacent to the valuation of such property to indicate that the property is being preferentially assessed. The local taxing authority shall also enter upon the tax digest an assessment of the fair market value of the property each year, excluding the provisions of subparagraph (F) of paragraph (3) of Code Section 48-52." "(D) The later of the expiration of ten years during which the property was 4210 JOURNAL OF THE SENATE classified and assessed as brownfield property or the expiration of this preferential assessment period as extended pursuant to subsection (o) of this Code section; or" "(o)(1) Notwithstanding anything to the contrary in subsections (a) through (n) of this Code section, a qualified brownfield property may be eligible for preferential assessment in accordance with the provisions of subsection (c.4) of Code Section 485-7 for a period not to exceed 15 years under the following circumstances: (A) Construction of improvements on the property commenced but thereafter ceased for a period in excess of 180 days; (B) After a delay in excess of 180 days, construction of improvements on the property resumed; and (C) The owner of the qualified brownfield property submits a sworn certification to the county board of tax assessors stating the date on which construction first commenced, the date on which construction ceased, and the date on which construction resumed. (2) Upon receipt of the certification required by subparagraph (C) of paragraph (1) of this subsection, the county board of tax assessors shall extend the period of preferential assessment for one year for each 365 days of construction inactivity for up to a maximum of five consecutive years. Under no circumstances shall the period of preferential assessment exceed 15 consecutive years." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Mullis of the 53rd offered the following amendment #1: Amend the LC 34 3481S substitute to HB 1102 by striking lines 1 and 2 and inserting in lieu thereof the following: To amend Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, so as to extend a compliance date; to amend Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites, so as to provide for uniformity; to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia By striking line 12 and inserting in lieu thereof the following: SECTION 1A. Part 1 of Article 2 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to solid waste management generally, is amended in Code Section 12-8-41, relating to permitting of land disposal sites, by replacing "2012" with "2014" wherever the former occurs. THURSDAY, MARCH 29, 2012 4211 SECTION 1B. Code Section 31-2A-12 of the Official Code of Georgia Annotated, relating to regulation of land disposal sites, is amended by replacing "2012" with "2014" wherever the former occurs. SECTION 1C. On the adoption of the amendment, there were no objections, and the Mullis amendment #1 to the committee substitute was adopted. Senator Mullis of the 53rd offered the following amendment #2: Amend the LC 34 3481S substitute to HB 1102 by striking line 6 and inserting in lieu thereof the following: amend Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, so as to provide for a disposal method for septage from an on-site sewage management system; to amend Article 1 of Chapter 5 of Title 48 of the Official Code of Georgia Annotated, relating By inserting between lines 35 and 36 the following: SECTION 2A. Chapter 2A of Title 31 of the Official Code of Georgia Annotated, relating to the Department of Public Health, is amended by adding a new Code section to read as follows: "31-2A-16. (a) Any septic tank pumper certified by the department may remove the contents of an on-site sewage management system, as defined in Code Section 31-2A-11, with a vehicle identified and maintained in accordance with department requirements and dispose of such contents in accordance with department requirements in the following manner: (1) The solids may be removed from such contents through a dewatering process; (2) The water recovered through the dewatering process may be distributed to another properly approved on-site sewage management system; (3) The removed solids may be placed in a land disposal site approved by the department, provided that the solids have been screened to remove nondegradable materials, are applied at agronomic rates, do not exceed annual pollutant loading rates set by the department, and are either incorporated into the soil or injected below the surface of the land, or may be placed in a solid waste or land disposal facility permitted by the Environmental Protection Division of the Department of Natural Resources; and (4) Any nondegradable materials that have been collected through screening shall be disposed of at a solid waste facility permitted by the Environmental Protection Division of the Department of Natural Resources. 4212 JOURNAL OF THE SENATE (b) Any certified septic tank pumper who disposes of septage in accordance with the procedures in this Code section shall maintain a log identifying: (1) The date and location of the removal of contents of any on-site sewage management system; (2) The date and location of the dewatering of such contents; (3) The date and location of the final disposal of the water recovered through the dewatering process; (4) The date and location of the final disposal of the removed solids and nondegradable materials; (5) Documentation that the solids were applied at agronomic rates and properly incorporated into the soil or injected below the land surface or placed in a solid waste or land disposal facility; and (6) Documentation that pollutant loading rates were not exceeded. Such logs shall be made available to the department by the certified septic tank pumper within 30 days of request by the department for inspection of such logs." Senator Mullis of the 53rd asked unanimous consent that his amendment be withdrawn. The consent was granted, and the Mullis amendment #2 to the committee substitute was withdrawn. Senator Mullis of the 53rd offered the following amendment #3: Amend the LC 34 3481S substitute to HB 1102 by striking line 2 and inserting in lieu thereof the following: property; to amend Part 5 of Article 3 of Chapter 5 of Title 12, relating to public water systems, so as to require private water suppliers utilizing a waste-water sewer system owned or operated by a county, municipality, or local authority to transmit customer water consumption data to such county, municipality, or local authority; to require private water suppliers to suspend water supply to customers who have failed to pay charges for use of the waste-water sewer system; to provide for exemptions; to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia By striking line 12 and inserting in lieu thereof the following: SECTION 1. Part 5 of Article 3 of Chapter 5 of Title 12 of the Official Code of Georgia Annotated, relating to public water systems, is amended in Code Section 12-5-179, relating to permits and performance bonds for operation of public water systems, by adding a new subsection to read as follows: "(h)(1) Any privately owned public water supplier within this state supplying water to customers who, incidental to the purchase of such water, utilize a waste-water sewer system owned or operated by a county, municipality, or local authority to dispose of or discharge the water purchased shall furnish to such political subdivision the amount of water consumed by each individually metered customer account during THURSDAY, MARCH 29, 2012 4213 each billing period. (2) Upon receiving notice from a county, municipality, or local authority described in paragraph (1) of this subsection that a customer has failed to timely pay any charges for the use of the waste-water sewer system, the private water supplier shall, within five business days of such notice, suspend water supply to that customer. The water supply to such customer shall remain suspended until such political subdivision notifies the water supplier to resume water service. The private water supplier shall be authorized to charge a reasonable fee to the customer for the cost of suspension or resumption of water service. (3) Nothing in this subsection shall abrogate the provisions of Code Section 36-6017. (4) The requirements of this subsection shall not apply to submetered multifamily, multi-industrial, or multicommercial properties." SECTION 1A. On the adoption of the amendment, there were no objections, and the Mullis 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 Albers Y Balfour C Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J C Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson C Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon C Millar Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims E Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson C Unterman 4214 JOURNAL OF THE SENATE Y Golden Y Gooch Y Grant Y Miller Y Mullis Y Murphy Y Wilkinson Y Williams On the passage of the bill, the yeas were 48, nays 0. HB 1102, having received the requisite constitutional majority, was passed by substitute. The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 492. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; 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 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Pruett of the 144th, England of the 108th, and Hembree of the 67th. THURSDAY, MARCH 29, 2012 4215 The following resolutions were read and adopted: SR 1364. By Senators James of the 35th and Davenport of the 44th: A RESOLUTION recognizing and commending the student volunteers and interns from District 35; and for other purposes. SR 1365. By Senators Hill of the 32nd, Tippins of the 37th, Rogers of the 21st, Thompson of the 33rd and Stoner of the 6th: A RESOLUTION recognizing and commending Dr. W. Ken Harmon; and for other purposes. SR 1366. By Senators Hill of the 32nd, Tippins of the 37th, Rogers of the 21st, Thompson of the 33rd and Stoner of the 6th: A RESOLUTION recognizing and commending Dr. Daniel S. Papp; and for other purposes. SR 1367. By Senator Orrock of the 36th: A RESOLUTION recognizing and commending Grace Lutheran Church on the occasion of its 90th anniversary; and for other purposes. SR 1368. By Senator Miller of the 49th: A RESOLUTION recognizing and commending the Veterans and Community Outreach Foundation; and for other purposes. SR 1369. By Senator Bulloch of the 11th: A RESOLUTION recognizing and congratulating Mr. Bradford R. Borum and Ms. Shannon Leigh Wallace on the occasion of their marriage; and for other purposes. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 246. By Senator Hill of the 4th: A BILL to be entitled an Act to amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees 4216 JOURNAL OF THE SENATE Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, so as to provide for an increase in the employee contribution; to provide for an increase in the retirement benefit; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 4 of Title 47 of the Official Code of Georgia Annotated, relating to the Public School Employees Retirement System, is amended by revising subsection (a) of Code Section 47-4-60, relating to amount of contributions and manner of payment, as follows: "(a) Each member shall contribute $4.00 monthly as the employee contribution toward the cost of the retirement system; provided, however, that any person first or again becoming a member of this retirement system on or after July 1, 2012, shall contribute $10.00 monthly as the employee contribution. Each local unit of administration shall deduct such amount each month from the compensation of each of its employees who is a member of the retirement system and pay the amounts so deducted to the board. The board shall specify by rules and regulations the time and manner such amounts shall be paid to it." SECTION 2. Said chapter is further amended by revising subsection (b) of Code Section 47-4-101, relating to retirement benefits payable upon normal, early, or delayed retirement, as follows: "(b)(1) Upon retirement on the normal retirement date, a member shall receive a monthly retirement benefit, payment of which shall commence on the effective date of retirement and which shall be payable on the first day of each month thereafter during the member's lifetime. The amount of each monthly retirement payment shall be $15.00 $16.50 multiplied by the number of the member's years of creditable service. The retirement benefit provided under this subsection shall be payable to those members who have already retired under this chapter as well as those members who retire in the future; provided, however, that no benefit increase above $15.00 per THURSDAY, MARCH 29, 2012 4217 month shall be applied to the benefit of persons who were retired on the effective date of this Act. If the General Assembly at any time appropriates funds expressly intended to fund the benefits provided in this subsection and such amount so appropriated is not sufficient to fund the maximum amount allowable, then the retirement benefit otherwise payable under this subsection shall be reduced pro rata by the board in accordance with the funds actually appropriated by the General Assembly for such purpose, but in no event shall the retirement benefit be less than $12.00 $14.75 multiplied by the member's years of creditable service." SECTION 3. This Act shall become effective on July 1, 2012, 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, 2012, as required by subsection (a) of Code Section 47-20-50. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Notes, as required by law, were read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 15, 2012 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 246 (LC 21 1803S) 4218 JOURNAL OF THE SENATE Dear Representative Maxwell: This substitute bill would amend provisions relating to employee contributions and retirement benefits under the Public School Employees Retirement System. Specifically, this bill would increase the employee contribution for all persons who become a member of the System on or after July 1, 2012 from $4.00 per month to $10.00 per month. Additionally, this bill would increase the monthly retirement benefit from $15.00 per month multiplied by the member's years of service to $16.50 per month for all members who retire on or after July 1, 2012. Finally, this bill would increase the minimum retirement benefit that could be paid from $12.00 per month to $14.75 per month. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation prepared for Senate Bill 246 (LC 21 1146) would apply to this bill. A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 246 (LC 21 1146) is attached. Respectfully, /s/ Russell W. Hinton State Auditor Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 October 11, 2011 Honorable Tim Golden, Chairman Senate Retirement Committee State Capitol, Room 121-G Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation Senate Bill 246 (LC 21 1146) Public School Employees Retirement System THURSDAY, MARCH 29, 2012 4219 Dear Chairman Golden: This bill would amend provisions relating to retirement benefits under the Public School Employees Retirement System. Specifically, this bill would increase the employee contribution for all persons who become members of the System on or after July 1, 2012 from $4.00 per month to $10.00 per month. Additionally, this bill would increase the maximum monthly retirement benefit for members who retire on or after July 1, 2012. The maximum retirement benefit for such members would increase from $15.00 per month to $16.00 per month for each year of creditable service. Finally, this bill would increase the minimum retirement benefit that could be paid from $12.00 per month to $14.75 per month for each year of creditable service. This bill, as written, would result in a savings of approximately $100,000 in the first year to the Public School Employees Retirement System, since a higher amount of employee contributions would be collected and applied toward the cost of funding benefits. This savings would reduce the normal cost by $2.50 per active member in the first year. The estimated savings is based on current employee data, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost estimate prepared for this legislation. Any future costs would be paid through State appropriations. As this bill is written, changing the minimum and maximum monthly retirement benefit would not increase costs to the Public School Employees Retirement System. If this legislation is enacted, retired members and beneficiaries would receive a minimum monthly retirement benefit of $14.75 for each year of creditable service. However, since the System currently pays benefits based on this rate for each year of creditable service, there would be no immediate cost to the System. This legislation also increases the maximum benefit payable to $16 per month for each year of creditable service for any member who retires on or after July 1, 2012. Therefore, the System would incur additional costs in the future if the monthly benefit was increased beyond the current rate of $14.75. If the benefits were increased to $15.00 per month, the first year cost of such increase would be $1,499,000 ($37.52 per active member). However, if the benefit was increased beyond $15.00 per month, the additional first year cost for each $.25 increase would be $873,000 ($21.84 per active member). This reduction occurs because the benefits of previously retired members would be capped at $15.00 per month. If benefits are increased to the maximum of $16 per month, the first year cost would be $4,991,000 ($124.89 per active member). The estimated cost is based on current active membership of 39,962, actuarial assumptions, and actuarial methods. It should be noted that changes in any of these variables could affect the cost of this legislation. Any future costs would be paid through State appropriations. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to 4220 JOURNAL OF THE SENATE 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. The information below shows only the required cost/savings to the System. (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. $ (100,000) (5) The employer contribution rate currently in effect. (6) The employer contribution rate recommended (in conformity with minimum funding standards specified in Code Section 47-20-10). $621.31 per active member $618.81 per active member (7) The dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0 It should be noted that any subsequent changes in the retirement bill will invalidate the actuarial investigation and the findings included therein. Respectfully, /s/ Russell W. Hinton State Auditor Senator Hill of the 4th moved that the Senate agree to the House substitute to SB 246. On the motion, a roll call was taken and the vote was as follows: THURSDAY, MARCH 29, 2012 4221 Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J C Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Golden Y Gooch Y Grant E Hamrick E Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson C Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon C Millar Y Miller Mullis Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims E Staton Y Stone Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson C Unterman Y Wilkinson Y Williams On the motion, the yeas were 43, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 246. The President recognized His Excellency, Governor Nathan Deal. Governor Nathan Deal addressed the Senate briefly. The following bill was taken up to consider House action thereto: SB 92. By Senators McKoon of the 29th, Williams of the 19th, Bethel of the 54th, Staton of the 18th, Ligon, Jr. of the 3rd 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 limitations on when in-person absentee balloting may be conducted; to provide for a period of advance voting; to provide for procedures; to provide for exceptions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 21 of the Official Code of Georgia Annotated, relating to primaries and elections generally, so as to provide for the dates of nonpartisan elections; 4222 JOURNAL OF THE SENATE to provide a minimum number of members for local boards of election; to provide for the form of petitions to qualify as a pauper; to provide for certification of write-in candidates; to provide that, if the disqualification of a candidate is the result of an error or negligence and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, the qualifying fee paid by the candidate may be refunded to the candidate; to provide that candidates in special elections may choose to designate their political affiliation on the ballot but may not change such affiliation after the close of qualifying; to provide for qualifications for registrars and deputy registrars; to provide for the manner of counting of certain absentee ballots; to provide for the close of voter registration prior to a special election or special primary; to provide for the maintenance of voter registration lists regarding deceased electors; to provide for short titles for certain questions; to provide for the manner of storing certain election records and data; to provide for the time by which absentee ballots shall be available prior to a primary or election; to limit the use of certain electronic devices and photographic devices in polling places; to provide that election superintendents shall furnish the Secretary of State copies of ballots used in elections; to provide for the timing of the call for special elections to be held in conjunction with the presidential preference primary; to provide for the manner of filling vacancies in the General Assembly; to provide for certain manner of use of provisional and challenged ballots; to provide alternative dates for political body and independent candidates to qualify for office; to provide an exemption for incumbents from filing nomination petitions; to provide that the State Election Board shall prescribe the form of nomination petitions; to provide for nonpartisan municipal qualifying periods; to provide for municipal qualifying times in even-numbered years; to provide for reopening of qualifying periods under certain circumstances; to provide that an absentee ballot may be used to update an elector's name under certain circumstances; to remove the authorization for political parties to elect their officials in primaries; to provide that nonpartisan elections for members of consolidated governments shall be considered county elections and not municipal elections; to provide deadlines for individuals and organizations to transmit voter registration cards; to authorize electronic voter registration; to allow the use of United States Postal Service change of address information and confirmation cards to transfer the registration of voters who move from county to county; to remove a special election date; to provide for the electronic storage and safekeeping of certain voter registration records; to provide for the use of the most recent voter registration updates in verifying absentee ballots; to provide for extended retention of certain absentee ballot documentation; to provide restrictions on the use of photographic and electronic devices in polling places; to provide for the posting of certain information regarding elections at the election superintendent's office; to amend Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, so as to authorize the use of certain driver's licensing information for voter registration purposes; to provide for related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4223 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 elections and primaries generally, is amended by revising Code Section 21-2-9, relating to date of election for offices, as follows: "21-2-9. (a) The Governor, Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, Commissioner of Labor, members of Congress, Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, district attorneys, members of the General Assembly, and county officers not elected pursuant to Code Section 21-2-139 shall be elected in the November election next preceding the expiration of the term of office. (b) Justices of the Supreme Court, Judges of the Court of Appeals, judges of the superior courts, and county judicial officers, offices of local school boards, and nonpartisan offices elected pursuant to Code Section 21-2-139 shall be elected in the nonpartisan general election next preceding the expiration of the term of office. (b)(c) All general municipal elections to fill municipal offices shall be held on the Tuesday next following the first Monday in November in each odd-numbered year. Public notice of such elections shall be published by the governing authority of the municipality in a newspaper of general circulation in the municipality at least 30 days prior to the elections. In addition, the municipality shall immediately transmit a copy of such notice to the Secretary of State. (d) Whenever a municipal general primary or election is held in conjunction with the general primary or November general election in even-numbered years, the time specified for the closing of the registration list, the time within which candidates must qualify for the municipal primary or election, and the time specified for the holding of any runoff necessary shall be the same as specified for general elections." SECTION 2. Said chapter is further amended by revising Code Section 21-2-40, relating to General Assembly authorization to create board of elections and board of elections and registration in any county, as follows: "21-2-40. (a) The General Assembly may by local Act create a board of elections in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a board of elections and registration in any county of this state and empower the board with the powers and duties of the election superintendent relating to the conduct of primaries and elections and with the powers and duties of the board of registrars relating to the registration of voters and 4224 JOURNAL OF THE SENATE absentee-balloting procedures. Such board shall consist of not fewer than three members." SECTION 3. Said chapter is further amended by revising subsections (a) and (b) of Code Section 21-245, relating to authorization to create joint county-municipal boards of elections and boards of elections and registration and authorization for county to conduct elections, as follows: "(a) The General Assembly may by local Act create a joint county-municipal board of elections in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections. Such board shall consist of not fewer than three members. (b) The General Assembly may by local Act create a joint county-municipal board of elections and registration in any county of this state for that county and any municipality located wholly or partially within that county and empower the board with the powers and duties of the election superintendent of that county and municipality with regard to the conduct of primaries and elections and empower the board with the powers and duties of the registrars and board of registrars of that municipality and county with regard to the registration of voters and absentee-balloting procedures. Such board shall consist of not fewer than three members." SECTION 4. Said chapter is further amended by revising Code Section 21-2-90, relating to appointment of chief manager and assistant managers, as follows: "21-2-90. All elections and primaries shall be conducted in each 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 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 make such order available for public inspection upon request. 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." THURSDAY, MARCH 29, 2012 4225 SECTION 5. Said chapter is further amended by revising subsections (c), (d), (e), (h), and (i) of Code Section 21-2-132, relating to filing notice of candidacy, nomination petition, and affidavit; payment of qualifying fee; pauper's affidavit and qualifying petition for exemption from qualifying fee; and military service, as follows: "(c) Except as provided in subsection (i) of this Code section, all candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; and (2) Each candidate for a county judicial office, a local school board office, or an office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file notice of candidacy in the office of the superintendent no earlier than 9:00 A.M. on the fourth Monday in April immediately prior to the election and no later than 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays.; (3) Each candidate for a nonpartisan municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's nonpartisan qualifying period. Each municipal superintendent shall designate the days of such qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Nonpartisan qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal nonpartisan qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this subsection, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days 4226 JOURNAL OF THE SENATE may be legal holidays. (d) Except as provided in subsection (i) of this Code section, all political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this subsection in order to be eligible to have their names placed on the election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (1) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (2) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county either during the period beginning at 9:00 A.M. on the fourth Monday in April immediately prior to the election and ending at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the fourth Monday in June, notwithstanding the fact that any such days may be legal holidays, in the case of a general election and no earlier than the date of the call of the election and no later than 25 days prior to the election in the case of a special election; (3) Each candidate for municipal office or a designee shall file a notice of candidacy in the office of the municipal superintendent of such candidate's municipality during the municipality's qualifying period. Each municipal superintendent shall designate the days of the qualifying period, which shall be no less than three days and no more than five days. The days of the qualifying period shall be consecutive days. Qualifying periods shall commence no earlier than 8:30 A.M. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 P.M. on the following Friday; and, in the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election; and (4)(A) In extraordinary circumstances as described in Code Section 21-2-543.1, each candidate, or his or her agent, desiring to have his or her name placed on the election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, with the Office of the THURSDAY, MARCH 29, 2012 4227 Secretary of State no earlier than the date of the call of the special election and not later than ten days after the announcement of such extraordinary circumstances. (B) The provisions of this subsection shall not apply where, during the 75 day period beginning on the date of the announcement of the vacancy: (i) A regularly scheduled general election for the vacant office is to be held; or (ii) Another special election for the vacant office is to be held pursuant to a writ for a special election issued by the Governor prior to the date of the announcement of the vacancy. The hours of qualifying each day shall be from 8:30 A.M. until 4:30 P.M. with one hour allowed for the lunch break; provided, however, that municipalities which have normal business hours which cover a lesser period of time shall conduct qualifying during normal business hours for each such municipality. Except in the case of a special election, notice of the opening and closing dates and the hours for candidates to qualify shall be published at least two weeks prior to the opening of the qualifying period. (e) Except as provided in subsection (i) of this Code section, each candidate required to file a notice of candidacy by this Code section shall, no earlier than 9:00 A.M. on the fourth Monday in June immediately prior to the election and no later than 12:00 Noon on the second Tuesday in July immediately prior to the election, file with the same official with whom he or she filed his or her notice of candidacy a nomination petition in the form prescribed in Code Section 21-2-170, except that such petition shall not be required if such candidate is: (1) A nominee of a political party for the office of presidential elector when such party has held a national convention and therein nominated candidates for President and Vice President of the United States; (2) Seeking office in a special election; (3) An incumbent qualifying as a candidate to succeed such incumbent if, prior to the election in which such incumbent was originally elected to the office for which such incumbent seeks reelection, such incumbent filed a notice of candidacy and a nomination petition as required by this chapter himself or herself; (4) A candidate seeking election in a nonpartisan election; or (5) A nominee for a state-wide office by a duly constituted political body convention, provided that the political body making the nomination has qualified to nominate candidates for state-wide public office under the provisions of Code Section 21-2180." "(h) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-138 unless such candidate has filed a qualifying petition which complies with the following requirements: (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A 4228 JOURNAL OF THE SENATE qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which shall be subscribed and sworn to by such circulator before a notary public and shall set forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be THURSDAY, MARCH 29, 2012 4229 numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, which affidavit must be subscribed and sworn to by such circulator before a notary public and shall set forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing. No notary public may sign the petition as an elector or serve as a circulator of any petition which he or she notarized. Any and all sheets of a petition that have the circulator's affidavit notarized by a notary public who also served as a circulator of one or more sheets of the petition or who signed one of the sheets of the petition as an elector shall be disqualified and rejected. (i) Notwithstanding any other provision of this chapter to the contrary, for general elections held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, candidates in such elections shall qualify as provided in this subsection: (1) All candidates seeking election in a nonpartisan election shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the nonpartisan election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (A) Each candidate for the office of judge of the superior court, Judge of the Court of Appeals, or Justice of the Supreme Court, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy, giving his or her name, residence address, and the office sought, in the office of the Secretary of State at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county judicial office, a local school board office, or an 4230 JOURNAL OF THE SENATE office of a consolidated government, or the candidate's agent, desiring to have his or her name placed on the nonpartisan election ballot shall file a notice of candidacy in the office of the superintendent at the same time as candidates for party nomination in the general primary as provided in paragraph (1) of subsection (c) of Code Section 21-2-153, notwithstanding the fact that any such days may be legal holidays; and (C) In any case where an incumbent has filed notice of candidacy and paid the prescribed qualifying fee in a nonpartisan election to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays; (2) All political body and independent candidates shall file their notice of candidacy and pay the prescribed qualifying fee by the date prescribed in this paragraph in order to be eligible to have their names placed on the general election ballot by the Secretary of State or election superintendent, as the case may be, in the following manner: (A) Each candidate for federal or state office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file a notice of his or her candidacy, giving his or her name, residence address, and the office he or she is seeking, in the office of the Secretary of State no earlier than either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (B) Each candidate for a county office, or his or her agent, desiring to have his or her name placed on the general election ballot shall file notice of his or her candidacy in the office of the superintendent of his or her county no earlier than either during the period beginning at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such election and ending at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, or during the period beginning at 9:00 A.M. on the last Monday in July immediately prior to the election and no later than ending at 12:00 Noon on the Friday following the last Monday in July, notwithstanding the fact that any such days may be legal holidays; and (3) Candidates required to file nomination petitions under subsection (e) of this Code THURSDAY, MARCH 29, 2012 4231 section shall file such petitions not earlier than 9:00 A.M. on the fourth Monday in July immediately prior to the general election and not later than 12:00 Noon on the first Monday in August immediately prior to the general election." SECTION 6. Said chapter is further amended by revising subsection (e) of Code Section 21-2-133, relating to giving notice of intent of write-in candidacy, filing of affidavit, limitations on candidacy, and certification of candidates, as follows: "(e)(1) The Secretary of State or appropriate municipal official shall certify and transmit to the election superintendent of each county affected at least ten days prior to the within five days following the deadline for the submission by write-in candidates of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the Secretary of State or appropriate municipal official for such general or special election. (2) The county election superintendent shall certify within five days following the deadline for the submission by write-in candidates for county offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the county election superintendent for county offices for such general or special election. (3) The municipal election superintendent shall certify within five days following the deadline for the submission by write-in candidates for municipal offices of the notice and documentation required by this Code section to be a write-in candidate in a general or special election the names of all persons who have filed notices of intention to be write-in candidates with the municipal election superintendent for municipal offices for such general or special election." SECTION 7. Said chapter is further amended by revising subsection (e) of Code Section 21-2-134, relating to withdrawal, death, or disqualification of candidate for office and nomination certificate, as follows: "(e) The qualifying fee shall be returned to the candidate in the event such candidate withdraws, dies, or is disqualified prior to the close of the qualifying period; however, after the close of the qualifying period, the qualifying fee shall not be returned to the candidate for any reason including withdrawal, death, or disqualification; provided, however, that, if such disqualification is the result of an error or negligence of the officer with whom such candidate qualified and not the result of any action of the candidate and such error or negligence is verified in writing by the Secretary of State, such fee may be refunded to the candidate." SECTION 8. Said chapter is further amended by revising subsection (a) of Code Section 21-2-151, relating to authorization for political party primaries, as follows: 4232 JOURNAL OF THE SENATE "(a) A political party may elect its officials and shall nominate its candidates for public office in a primary. Except for substitute nominations as provided in Code Section 212-134 and nomination of presidential electors, all nominees of a political party for public office shall be nominated in the primary preceding the general election in which the candidates' names will be listed on the ballot." SECTION 9. Said chapter is further amended by revising subsection (a) of Code Section 21-2-139, relating to the authorization and conduct of nonpartisan elections, as follows: "(a) Notwithstanding any other provisions of this chapter to the contrary, the General Assembly may provide by local Act for the election in nonpartisan elections of candidates to fill county judicial offices, offices of local school boards, and offices of consolidated governments which are filled by the vote of the electors of said county or political subdivision. Except as otherwise provided in this Code section, the procedures to be employed in such nonpartisan elections shall conform as nearly as practicable to the procedures governing nonpartisan elections as provided in this chapter. Except as otherwise provided in this Code section, the election procedures established by any existing local law which provides for the nonpartisan election of candidates to fill county offices shall conform to the general procedures governing nonpartisan elections as provided in this chapter, and such nonpartisan elections shall be conducted in accordance with the applicable provisions of this chapter, notwithstanding the provisions of any existing local law. For those offices for which the General Assembly, pursuant to this Code section, provided by local Act for election in nonpartisan primaries and elections, such offices shall no longer require nonpartisan primaries. Such officers shall be elected in nonpartisan elections held and conducted in conjunction with the general primary in even-numbered years in accordance with this chapter without a prior nonpartisan primary. This Code section shall apply to all nonpartisan elections for members of consolidated governments. All nonpartisan elections for members of consolidated governments shall be governed by the provisions of this Code section and shall be considered county elections and not municipal elections for the purposes of this Code section. Nonpartisan elections for municipal offices shall be conducted on the dates provided in the municipal charter." SECTION 10. Said chapter is further amended by revising subsection (a.1) and paragraph (1) of subsection (c) of Code Section 21-2-153, relating to qualification of candidates for party nomination in a state or county primary, posting of list of all qualified candidates, filing of affidavit with political party by each qualifying candidate, and performance of military service does not create vacancy, as follows: "(a.1) No candidate shall be authorized to file a pauper's affidavit in lieu of paying the qualifying fee otherwise required by this Code section and Code Section 21-2-131 unless such candidate has filed a qualifying petition which complies with the following requirements: THURSDAY, MARCH 29, 2012 4233 (1) A qualifying petition of a candidate seeking an office which is voted upon state wide shall be signed by a number of voters equal to one-fourth of 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. A qualifying petition of a candidate for any other office shall be signed by a number of voters equal to 1 percent of the total number of registered voters eligible to vote in the last election for the filling of the office the candidate is seeking and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected. However, in the case of a candidate seeking an office for which there has never been an election or seeking an office in a newly constituted constituency, the percentage figure shall be computed on the total number of registered voters in the constituency who would have been qualified to vote for such office had the election been held at the last general election and the signers of such petition shall be registered and eligible to vote in the election at which such candidate seeks to be elected; (2) Each person signing a qualifying petition shall declare therein that he or she is a duly qualified and registered elector of the state entitled to vote in the next election for the filling of the office sought by the candidate supported by the petition and shall add to his or her signature his or her residence address, giving municipality, if any, and county, with street and number, if any. No person shall sign the same petition more than once. Each petition shall support the candidacy of only a single candidate. A signature shall be stricken from the petition when the signer so requests prior to the presentation of the petition to the appropriate officer for filing, but such a request shall be disregarded if made after such presentation. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of this state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (3) A qualifying petition shall be in the form and manner determined by the Secretary of State and approved by the State Elections Board on one or more sheets of uniform size and different sheets must be used by signers resident in different counties. The upper portion of each sheet, prior to being signed by any petitioner, shall bear the name and title of the officer with whom the petition will be filed, the name of the candidate to be supported by the petition, his or her profession, business, or occupation, if any, his or her place of residence with street and number, if any, the 4234 JOURNAL OF THE SENATE name of the office he or she is seeking, his or her political party or body affiliation, if any, and the name and date of the election in which the candidate is seeking election. If more than one sheet is used, they shall be bound together when offered for filing if they are intended to constitute one qualifying petition, and each sheet shall be numbered consecutively, beginning with number one, at the foot of each page. Each sheet shall bear on the bottom or back thereof the affidavit of the circulator of such sheet, setting forth: (A) His or her residence address, giving municipality with street and number, if any; (B) That each signer manually signed his or her own name with full knowledge of the contents of the qualifying petition; (C) That each signature on such sheet was signed within 180 days of the last day on which such petition may be filed; and (D) That, to the best of the affiant's knowledge and belief, the signers are registered electors of the state qualified to sign the petition, that their respective residences are correctly stated in the petition, and that they all reside in the county named in the affidavit; (4) No qualifying petition shall be circulated prior to 180 days before the last day on which such petition may be filed, and no signature shall be counted unless it was signed within 180 days of the last day for filing the same; and (5) A qualifying petition shall not be amended or supplemented after its presentation to the appropriate officer for filing." "(c)(1)(A) In the case of a general state or county primary, the candidates or their agents shall commence qualifying at 9:00 A.M. on the fourth Monday in April immediately prior to the state or county primary and shall cease qualifying at 12:00 Noon on the Friday following the fourth Monday in April, notwithstanding the fact that any such days may be legal holidays; provided, however, that, in. (B) In the case of a general primary held in the even-numbered year immediately following the official release of the United States decennial census data to the states for the purpose of redistricting of the legislatures and the United States House of Representatives, the: (i) The candidates or their agents for political party nomination to county offices shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and provided, further, that candidates; and (ii) Candidates for political party nomination to federal and state offices in a general primary shall commence qualifying at 9:00 A.M. on the Wednesday immediately following the third Monday in May immediately prior to such primary and shall cease qualifying at 12:00 Noon on the Friday immediately following the Wednesday immediately following the third Monday in May, notwithstanding the fact that any such days may be legal holidays, and shall THURSDAY, MARCH 29, 2012 4235 qualify in person or by their agents with their respective political party in the state capitol under such rules and regulations as the Secretary of State may promulgate and provided, further, that all. All qualifying for federal and state offices on the last day of the qualifying period shall be conducted in the chamber of the House of Representatives in the state capitol. (C) In the case of a special primary, the candidate shall qualify no earlier than the date of the call for the special primary and no later than 25 days immediately prior to the date of such primary, and such qualifying period shall be open for a minimum of two and one-half days. (D) In any case where an incumbent has qualified as a candidate to succeed himself or herself in office but withdraws as a candidate for such office prior to the close of the applicable qualifying period prescribed in this paragraph, qualifying for candidates other than such incumbent shall be reopened at 9:00 A.M. on the Monday next following the close of the preceding qualifying period and shall cease at 5:00 P.M. on the Tuesday immediately following such reopening, notwithstanding the fact that any such days may be legal holidays." SECTION 11. Said chapter is further amended by revising Code Section 21-2-155, relating to reopening of qualification for office in the event of a candidate's death prior to a political party primary, as follows: "21-2-155. In the event of the death of a candidate or the withdrawal of an incumbent who qualified as a candidate to succeed himself or herself in office, either of which occurs after the close of qualifying for candidates for such office but prior to the date of a political party primary, the state executive committee or other committee of the party authorized by party rule or, in the case of a municipal election, the municipal executive committee may reopen qualification for the office sought by the deceased or withdrawn candidate for a period of not less than one nor more than three days." SECTION 12. Said chapter is further amended by revising subsection (a) of Code Section 21-2-214, relating to qualifications of registrars and deputy registrars, prohibited political activities, oath of office, privilege from arrest, and duties conducted in public, as follows: "(a) Members of the board of registrars shall be electors of the state and county in which they serve, and any deputy registrars shall be electors of the state. All registrars shall be able to read, write, and speak the English language. Municipal registrars shall be registered Georgia voters and shall be able to read, write, and speak the English language. Registrars and deputy registrars shall have never been convicted of a felony or of any crime involving fraud or moral turpitude unless such person's civil rights have been restored and at least ten years have elapsed from the date of the completion of the sentence without a subsequent conviction of another felony involving moral turpitude and shall never have been convicted of a crime involving fraud, and the appointing 4236 JOURNAL OF THE SENATE authority shall be authorized to investigate the applicant's criminal history before making such appointment." SECTION 13. Said chapter is further amended by revising subsection (c) of Code Section 21-2-218, relating to cancellation of registration in former state or county and address changes and corrections, as follows: "(c) In the event that an elector moves to a residence within the county or municipality and has a different address from the address contained on the person's registration card, it shall be the duty of such elector to notify the board of registrars of such fact by the fifth Monday prior to the primary or election in which such elector wishes to vote by submitting the change of address in writing. The board of registrars shall then correct the elector's record to reflect the change of address and place the elector in the proper precinct and voting districts. The board of registrars may accept a properly submitted application for an absentee ballot for this purpose for electors who move to an address within the county or municipality which is different from the address contained on the person's registration card. The board of registrars may also accept a properly submitted application for an absentee ballot to correct an elector's name on the voter registration list if all necessary information to complete such a change is included with the application." SECTION 14. Said chapter is further amended by revising subsection (a) of Code Section 21-2-219, relating to registration cards, as follows: "(a) The registration cards for use by persons in making application to register to vote shall be in a form as specified by the Secretary of State, which shall include printed forms, forms made available through electronic means, or otherwise. Except as provided in subsection (b) of this Code section and Code Section 21-2-221.2, only registration cards issued or authorized for use by the Secretary of State or the national voter registration card promulgated by the Federal Election Commission under the provisions of the National Voter Registration Act of 1993, 42 U.S.C. Section 1973gg-7, shall be accepted for purposes of voter registration." SECTION 15. Said chapter is further amended by revising subsection (a) of Code Section 21-2-220, relating to application for registration, as follows: "(a) Any person desiring to register as an elector shall apply to do so by making application to a registrar or deputy registrar of such person's county of residence in person, by submission of the federal post card application form as authorized under Code Section 21-2-219, by making application through the Department of Driver Services as provided in Code Section 21-2-221, by making application through the Department of Natural Resources as provided in Code Section 21-2-221.1, by making application online as provided in Code Section 21-2-221.2, by making application THURSDAY, MARCH 29, 2012 4237 through designated offices as provided in Code Section 21-2-222, or by making application by mail as provided in Code Section 21-2-223." SECTION 16. Said chapter is further amended by adding a new Code section to read as follows: "21-2-221.2. (a) A person who is qualified to register to vote in this state and who has a valid Georgia driver's license or identification card may submit a voter registration application on the Internet website of the Secretary of State. The Secretary of State shall, in conjunction with the Department of Driver Services, design and implement a system to allow for such electronic voter registration. (b) An application submitted pursuant to this Code section shall contain: (1) The applicant's name and residence address; (2) The applicant's driver's license or identification card number; (3) The applicant's date of birth; (4) An affirmation by the applicant that the applicant is a citizen of the State of Georgia and of the United States; (5) An affirmation by the applicant that the information provided is truthful and that the applicant is eligible to vote in the State of Georgia; (6) An assent by the applicant to the use of his or her signature from his or her driver's license or identification card; and (7) Such other information the Secretary of State deems necessary to establish the identity of the applicant. (c) Upon the submission of an application through the website pursuant to this Code section, the software used by the Secretary of State for processing applications through the website shall provide for immediate verification of all of the following: (1) That the applicant has a valid Georgia driver's license or identification card and that the number for that driver's license or identification card provided by the applicant matches the number for the applicant's driver's license or identification card that is on file with the Department of Driver Services; (2) That the date of birth provided by the applicant matches the date of birth that is on file with the Department of Driver Services; and (3) That the applicant is a citizen of the State of Georgia and of the United States and that the information provided by the applicant matches the information on file with the Department of Driver Services. If any of these items does not match or if the application is incomplete, the application shall be void and shall be rejected and the applicant shall be notified of such rejection either electronically or by mail within five days after such application is rejected. (d) If all of the items enumerated in subsection (c) of this Code section are verified, the Secretary of State shall obtain an electronic copy of the applicant's signature from the applicant's driver's license or identification card on file with the Department of Driver Services. The application shall then be processed in the same manner as applications under Code Section 21-2-221. Except as otherwise provided by this Code section, the 4238 JOURNAL OF THE SENATE application shall be deemed to have been made as of the date that the information was provided by the applicant through the Internet website. (e) The matching of information pursuant to subsection (c) of this Code section shall satisfy the requirements of subsection (g) of Code Section 21-2-216. (f) The Secretary of State shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this Code section." SECTION 17. Said chapter is further amended by revising subsection (b) of Code Section 21-2-224, relating to registration deadlines, restrictions on voting in primaries, official list of electors, and voting procedure when portion of county changed from one county to another, and adding a new subsection to read as follows: "(b) If any person whose name is not on the list of registered electors maintained by the Secretary of State under this article desires to vote at any special primary or special election, such person shall make application as provided in this article no later than either the close of business on the fifth day after the date of the call for the special primary or special election, excluding Saturdays, Sundays, and legal holidays of this state or the close of business on the fifth Monday prior to the date of the special primary or special election or, if such Monday is a legal holiday, by the close of business on the following business day, whichever is later; except that: (1) If such special primary or special election is held in conjunction with a general primary, general election, or presidential preference primary, the registration deadline for such special primary or special election shall be the same as the registration deadline for the general primary, general election, or presidential preference primary in conjunction with which the special primary or special election is being conducted; or (2) If such special primary or special election is not held in conjunction with a general primary, general election, or presidential preference primary but is held on one of the dates specified in Code Section 21-2-540 for the conduct of special elections to present a question to the voters or special primaries or elections to fill vacancies in elected county or municipal offices, the registration deadline for such a special primary or election shall be at the close of business on the fifth Monday prior to the date of the special primary or election or, if such Monday is a legal holiday, by the close of business on the following business day." "(c.1) An individual or organization shall promptly transmit all completed voter registration applications to the Secretary of State or the appropriate board of registrars within ten days after receiving such application or by the close of registration, whichever period is earlier. If an individual or organization receives a completed voter registration application 14 or fewer days before the close of registration, the individual or organization shall transmit the application to the Secretary of State or the appropriate board of registrars within 72 hours of the date of the execution of the application or by midnight on the close of registration, whichever period is earlier." THURSDAY, MARCH 29, 2012 4239 SECTION 18. 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, procedure, hearing, and right of appeal, 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 provisional ballots. Such challenged ballot shall be sealed in double envelopes as provided in subsection (a) of Code Section 21-2-384 21-2-419 and, after having the word 'Challenged,' and the elector's name, and the alleged cause of the challenge written across the back of the 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 19. Said chapter is further amended by revising Code Section 21-2-231, relating to lists of persons convicted of felonies, persons identified as noncitizens, persons declared mentally incompetent, and deceased persons provided to Secretary of State; removal of names from list of electors; timing; and list of inactive voters provided to Council of Superior Court Clerks, by adding a new subsection to read as follows: "(e.1) County registrars may obtain information about persons who died from obituaries published by local newspapers, death certificates, verifiable knowledge of the death, and information provided in writing and signed by a family member or members of the deceased person. County registrars shall determine if such deceased person's name appears on the list of electors and, if so, shall remove such name from the list of 4240 JOURNAL OF THE SENATE electors and shall send by first class mail to the mailing address shown on the elector's voter registration records a notice of such action and the reason therefor." SECTION 20. Said chapter is further amended by revising subsections (c) and (d) of Code Section 21-2233, relating to comparison of change of address information supplied by United States Postal Service with electors list, removal from list of electors, and notice to electors, as follows: "(c) If it appears from the change of address information supplied by the licensees of the United States Postal Service that an elector whose name appears on the official list of electors has moved to a different address outside of the boundaries of the county or municipality in which the elector is presently registered, such elector shall be sent a confirmation notice as provided in Code Section 21-2-234 at the old address of the elector. The registrars may also send a confirmation notice to the elector's new address. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered State of Georgia, the elector's name shall be removed from the appropriate list of electors. If the elector confirms the change of address to an address outside of the boundaries of the county or municipality in which the elector is presently registered, but still within the State of Georgia, the elector's registration shall be transferred to the new county or municipality. The Secretary of State or the registrars shall forward the confirmation card to the registrars of the county in which the elector's new address is located and the registrars of the county of the new address shall update the voter registration list to reflect the change of address. If the elector responds to the notice and affirms that the elector has not moved, the elector shall remain on the list of electors at the elector's current address. If the elector fails to respond to the notice within 30 days after the date of the notice, the elector shall be transferred to the inactive list provided for in Code Section 21-2-235. (d) Whenever an elector's name is removed from the list of electors by the county registrars because the elector has furnished in writing to the registrar a residence address that is located outside of the elector's present county of registration State of Georgia, the registrars shall notify the elector in writing at the elector's new address that the elector's name is being deleted from the list of electors for that county and that the elector must reregister in the new county of residence in order to be eligible to vote. The registrars shall provide the person with the appropriate form for registration at the time of such notice. Whenever an elector's registration is transferred by the county registrars to another county in this state because the elector has furnished in writing to the registrar a residence address that is located in this state outside of the elector's present county of registration in accordance with subsection (c) of this Code section, the registrars of the county of the elector's former residence shall notify the elector in writing at the elector's new address that the elector's registration is being transferred to the new address. The registrars of the county of the elector's new address shall provide the elector with a new registration card pursuant to Code Section 21-2-226." THURSDAY, MARCH 29, 2012 4241 SECTION 21. Said chapter is further amended by revising Code Section 21-2-236, relating to periods of retention of registration cards, applications, and records of list maintenance activities, as follows: "21-2-236. (a) The voter registration cards of electors whose names appear on either the official list of electors or the list of inactive electors shall be retained on file as long as the elector remains on such lists and for a period of two years following the removal from the lists; provided, however, that an original voter registration card may be destroyed if an image of the face of the card is stored electronically. (b) The registration applications of persons whose applications were rejected and all related material and records, or electronic facsimiles thereof, shall be retained on file for a period of two years after the date of the rejection. (c) All records concerning list maintenance activities under Code Sections 21-2-233 and 21-2-234 shall be maintained for a period of two years and shall be available for public inspection and copying, except to the extent that such records relate to a declination to register to vote or to the identity of a voter registration agency through which any particular elector is registered. Such records shall contain the name and address of all electors to whom confirmation notices are sent and information concerning whether each such elector has responded to such notice. (d) The State Election Board shall adopt rules and regulations regarding the safekeeping and maintenance of electronic records of voter registration records maintained under this Code section." SECTION 22. Said chapter is further amended by revising subsection (f) of Code Section 21-2-285, relating to form of official election ballot, attestation on receipt of benefit in exchange for vote, and when an election is not required, as follows: "(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot following the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent." 4242 JOURNAL OF THE SENATE SECTION 23. Said chapter is further amended by revising subsection (b) of Code Section 21-2-325, relating to form of ballot labels generally, as follows: "(b) If the construction of the machine shall require it, the ballot label for each candidate, group of candidates, political party or body, or question to be voted on shall bear the designating letter or number of the counter on the voting machine which will register or record votes therefor. Each question to be voted on shall appear on the ballot labels in brief form. Unless otherwise provided by law, proposed constitutional amendments so submitted shall be in brief form as directed by the General Assembly and, in the failure to so direct, the form shall be determined by the Secretary of State. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot and any local questions so submitted shall be printed in brief form as directed by the General Assembly and, in the event of a failure to so direct, the form shall be determined by the superintendent. In the case of questions to be voted on by the electors of a municipality, the governing authority shall determine the brief form of the questions." SECTION 24. Said chapter is further amended by revising subsection (f) of Code Section 21-2-379.5, relating to ballot information, as follows: "(f) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to or below the question there shall be placed the words 'YES' and 'NO' between which the elector may choose in casting his or her vote." SECTION 25. Said chapter is further amended by revising subsections (e), (f), and (g) of Code Section 21-2-379.11, relating to procedure for tabulation of votes by DRE machines, as THURSDAY, MARCH 29, 2012 4243 follows: "(e) The manager shall collect and retain the zero tape and the results tape for each DRE unit and place such tapes with the memory card for each unit, and enclose all such items for all of the DRE units used in the precinct in one envelope which shall be sealed in an envelope or container and initialed or signed by the manager so that it cannot be opened without breaking the seal. (f) The manager and one poll worker shall then deliver the envelope or container to the tabulating center for the county or municipality or to such other place designated by the superintendent and shall receive a receipt therefor. The copies of the recap forms, unused ballots, records, and other materials shall be returned to the designated location and retained as provided by law. (g) Upon receipt of the sealed envelope or container containing the zero tapes, results tapes, and memory cards, the election superintendent shall verify the initials or signatures on the envelope. Once verified, the superintendent shall break the seal of the envelope or container and remove its contents. The superintendent shall then download the results stored on the memory card from each DRE unit into the election management system located at the central tabulation point of the county in order to obtain election results for certification." SECTION 26. Said chapter is further amended by revising subsection (a) of Code Section 21-2-384, relating to preparation and delivery of supplies, mailing of ballots, oath of absentee electors and persons assisting absentee electors, master list of ballots sent, challenges, and electronic transmission of ballots, as follows: "(a)(1) The superintendent shall, at least 45 days prior to any general primary or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election in consultation with the board of registrars or absentee ballot clerk, prepare, obtain, and deliver before the date specified in paragraph (2) of this subsection an adequate supply of official absentee ballots to the board of registrars or absentee ballot clerk for use in the primary or election or as soon as possible prior to a runoff. Envelopes and other supplies as required by this article may be ordered by the superintendent, the board of registrars, or the absentee ballot clerk for use in the primary or election. (2) The board of registrars or absentee ballot clerk shall, within two days after the receipt of such ballots and supplies, mail or issue official absentee ballots to all eligible applicants not more than 49 days but not less than 45 days prior to any presidential preference primary, general primary other than a municipal general primary, general election other than a municipal general election, or special primary or special election in which there is a candidate for a federal office on the ballot; 22 days prior to any municipal general primary or municipal general election; and as soon as possible prior to any runoff. In the case of all other special primaries or special elections, the board of registrars or absentee ballot clerk shall mail or issue 4244 JOURNAL OF THE SENATE official absentee ballots to all eligible applicants within three days after the receipt of such ballots and supplies, but no earlier than 22 days prior to the election; provided, however, that should any elector of the jurisdiction be permitted to vote by absentee ballot beginning 49 days prior to a primary or election, all eligible applicants of such jurisdiction shall be entitled to vote by absentee ballot beginning 49 days prior to such primary or election. As additional applicants are determined to be eligible, the board or clerk shall mail or issue official absentee ballots to such additional applicants immediately upon determining their eligibility; provided, however, that no absentee ballot shall be mailed by the registrars or absentee ballot clerk on the day prior to a primary or election and provided, further, that no absentee ballot shall be issued on the day prior to a primary or election. The board of registrars shall, at least 45 days prior to any general primary, or general election other than a municipal general primary or general election, as soon as possible prior to a runoff, and at least 21 days prior to any municipal general primary or general election, mail or within the same time periods specified in this subsection, electronically transmit official absentee ballots to all electors who have requested to receive their official absentee ballot electronically and are entitled to vote by such absentee ballot under the federal Uniformed and Overseas Citizens Absentee Voting Act, 42 U.S.C. Section 1973ff, et seq., as amended. (3) The date a ballot is voted in the registrar's or absentee ballot clerk's office or the date a ballot is mailed or issued to an elector and the date it is returned shall be entered on the application record therefor. (4) The delivery of an absentee ballot to a person confined in a hospital may be made by the registrar or clerk on the day of a primary or election or during a five-day period immediately preceding the day of such primary or election. (5) In the event an absentee ballot which has been mailed by the board of registrars or absentee ballot clerk is not received by the applicant, the applicant may notify the board of registrars or absentee ballot clerk and sign an affidavit stating that the absentee ballot has not been received. The board of registrars or absentee ballot clerk shall then issue a second absentee ballot to the applicant and cancel the original ballot issued. The affidavit shall be attached to the original application. A second application for an absentee ballot shall not be required." SECTION 27. Said chapter is further amended by revising subparagraphs (a)(1)(B) and (a)(1)(C) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector, as follows: "(B) Upon receipt of each ballot, a registrar or clerk shall write the day and hour of the receipt of the ballot on its envelope. The registrar or clerk shall then compare the identifying information on the oath with the information on file in his or her office, shall compare the signature or mark on the oath with the signature or mark on the absentee elector's voter registration card or the most recent update to such THURSDAY, MARCH 29, 2012 4245 absentee elector's voter registration card and application for absentee ballot or a facsimile of said signature or mark taken from said card or application, and shall, if the information and signature appear to be valid and other identifying information appears to be correct, so certify by signing or initialing his or her name below the voter's oath. Each elector's name so certified shall be listed by the registrar or clerk on the numbered list of absentee voters prepared for his or her precinct. (C) If the elector has failed to sign the oath, or if the signature does not appear to be valid, or if the elector has failed to furnish required information or information so furnished does not conform with that on file in the registrar's or clerk's office, or if the elector is otherwise found disqualified to vote, the registrar or clerk shall write across the face of the envelope 'Rejected,' giving the reason therefor. The board of registrars or absentee ballot clerk shall promptly notify the elector of such rejection, a copy of which notification shall be retained in the files of the board of registrars or absentee ballot clerk for at least one year two years." SECTION 28. Said chapter is further amended by revising subsection (e) of Code Section 21-2-386, relating to safekeeping, certification, and validation of absentee ballots; rejection of ballot; delivery of ballots to manager; duties of managers; precinct returns; and notification of challenged elector, as follows: "(e) If an absentee elector's right to vote has been challenged for cause, a poll officer shall open the envelopes and write 'Challenged,' the elector's name, and the alleged cause of challenge on the back of the ballot, without disclosing the markings on the face thereof, outer envelope and shall deposit the ballot in the a secure, sealed ballot box; and it shall be counted as other challenged ballots are counted. Where direct recording electronic voting systems are used for absentee balloting and a challenge to an elector's right to vote is made prior to the time that the elector votes, the elector shall vote on a paper or optical scanning ballot and such ballot shall be handled as provided in this subsection. The board of registrars or absentee ballot clerk shall promptly notify the elector of such challenge." SECTION 29. Said chapter is further amended by revising Code Section 21-2-411, relating to return of checked list of electors and voter's certificates to superintendent and disposition of list and certificates by registrars, as follows: "21-2-411. The chief manager in each precinct shall return a checked list of electors, reflecting those who voted, and the voter's certificates to the superintendent, to be deposited with the registrars. The board of registrars shall keep such voter's certificates for at least 24 months and such electors lists for at least five years, and the same shall be available for public inspection." 4246 JOURNAL OF THE SENATE SECTION 30. Said chapter is further amended by revising subsection (e) of Code Section 21-2-413, relating to conduct of voters, campaigners, and others at polling places generally, as follows: "(e) No elector person shall use photographic or other electronic monitoring or recording devices, cameras, or cellular telephones while such elector person is within the enclosed space in a polling place while voting is taking place; provided, however, that a poll manager, in his or her discretion, may allow the use of photographic devices in the polling place under such conditions and limitations as the election superintendent finds appropriate, and provided, further, that no photography shall be allowed of a ballot or the face of a voting machine or DRE unit while an elector is voting such ballot or machine or DRE unit and no photography shall be allowed of an electors list, electronic electors list, or the use of an electors list or electronic electors list. This subsection shall not prohibit the use of photographic or other electronic monitoring or recording devices, cameras, or cellular telephones by poll officials for official purposes." SECTION 31. Said chapter is further amended by revising subsection (c) of Code Section 21-2-414, relating to restrictions on campaign activities and public opinion polling within the vicinity of a polling place, cellular phone use prohibited; prohibition of candidates from entering certain polling places, and penalty, as follows: "(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 Reserved." SECTION 32. Said chapter is further amended by revising subsection (b) of Code Section 21-2-433, relating to admission of electors to enclosed space, detachment of ballots from stubs and distribution of ballots to electors, and return of canceled ballots to superintendent, as follows: "(b) As soon as an elector has been admitted within the enclosed space, the poll officer having charge of the ballots in precincts in which ballots are used shall detach a ballot from the stub and give it to the elector, first folding it so that the words and figures printed on the face shall not be visible, and no ballots shall be deposited in the ballot box unless folded in the same manner. If an elector's right to vote has been challenged for cause under Code Section 21-2-230, the poll officer shall write the word 'Challenged' and the alleged cause of challenge on the back of the ballot elector shall be entitled to vote a challenged ballot. Not more than one ballot shall be detached from its stub in any book of ballots at any one time. Not more than one ballot shall be given to an elector; but, if an elector inadvertently spoils a ballot, such elector may obtain THURSDAY, MARCH 29, 2012 4247 another upon returning the spoiled one. The ballots thus returned shall be immediately canceled and at the close of the polls shall be enclosed in an envelope, which shall be sealed and returned to the superintendent." SECTION 33. Said chapter is further amended by revising subsection (d) of Code Section 21-2-435, relating to procedure as to marking and depositing of ballots, as follows: "(d) Before leaving the voting compartment, the elector shall fold his or her ballot, without displaying the markings thereon, in the same way it was folded when received by him or her; and he or she shall then leave the compartment and exhibit the number strip of the ballot to a poll officer who shall ascertain by an inspection of the number appearing thereon whether the ballot so exhibited to him or her is the same ballot which the elector received before entering the voting compartment. If it is the same, the poll officer shall direct the elector, without unfolding the ballot, to remove the perforated portion containing the number, and the elector shall immediately deposit the ballot in the ballot box. The number strip shall be deposited in the stub box provided for such purpose and the number strips shall be retained with the ballots and other stubs. If the ballot is marked 'Challenged,' the numbered perforated portion shall not be removed and the ballot shall be deposited with it attached. Any ballot, other than one marked 'Challenged,' which has been challenged for cause under Code Section 21-2-230, deposited in a ballot box at any primary or election without having such number removed shall be void and shall not be counted." SECTION 34. Said chapter is further amended by revising subsection (h) of Code Section 21-2-480, relating to caption for ballots, party designations, and form and arrangement, as follows: (h) When proposed constitutional amendments or other questions are submitted to a vote of the electors, each amendment or other question so submitted may be printed upon the ballot below the groups of candidates for the various offices. Proposed constitutional amendments so submitted shall be printed in the order determined by the Constitutional Amendments Publication Board and in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include the short title or heading provided for in subsection (c) of Code Section 50-12-101. Unless otherwise provided by law, any other state-wide questions or questions to be presented to the electors of more than one county so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the Secretary of State and shall include a short title or heading in bold face at the beginning of each such question on the ballot; and any local questions so submitted shall be printed in brief form as directed by the General Assembly or, in the event of a failure to so direct, the form shall be determined by the superintendent. Next to the question there shall be placed the words 'YES' and 'NO' together with appropriate ovals or squares or broken arrows to be marked." 4248 JOURNAL OF THE SENATE SECTION 35. Said chapter is further amended by revising Code Section 21-2-492, relating to computation and canvassing of returns, notice of when and where returns will be computed and canvassed, blank forms for making statements of returns, and swearing of assistants, as follows: "21-2-492. The superintendent shall arrange for the computation and canvassing of the returns of votes cast at each primary and election at his or her office or at some other convenient public place at the county seat or municipality with accommodations for those present insofar as space permits. An interested candidate or his or her representative shall be permitted to keep or check his or her own computation of the votes cast in the several precincts as the returns from the same are read, as directed in this article. The superintendent shall give at least one week's notice prior to the primary or election by publishing same in a conspicuous place in the county courthouse or city hall superintendent's office, of the time and place when and where he or she will commence and hold his or her sessions for the computation and canvassing of the returns; and he or she shall keep copies of such notice posted in his or her office during such period. The superintendent shall procure a sufficient number of blank forms of returns made out in the proper manner and headed as the nature of the primary or election may require, for making out full and fair statements of all votes which shall have been cast within the county or any precinct therein, according to the returns from the several precincts thereof, for any person voted for therein, or upon any question voted upon therein. The assistants of the superintendent in the computation and canvassing of the votes shall be first sworn by the superintendent to perform their duties impartially and not to read, write, count, or certify any return or vote in a false or fraudulent manner." SECTION 36. Said chapter is further amended by revising Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, by adding a new subsection to read as follows: "(c) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such primary." SECTION 37. Said chapter is further amended by revising paragraph (1) of subsection (a) of Code Section 21-2-496, relating to preparation and filing by superintendent of four copies of consolidated return of primary and electronic filing, as follows: "(1) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall office of the election superintendent for the information of the public;" THURSDAY, MARCH 29, 2012 4249 SECTION 38. Said chapter is further amended by revising Code Section 21-2-497, relating to preparation and filing by superintendent of four copies of consolidated return of elections, as follows: "21-2-497. (a) Each county and municipal superintendent shall prepare four copies of the consolidated return of the election to be certified by the superintendent on forms furnished by the Secretary of State, such consolidated returns to be filed immediately upon certification as follows: (1) One copy to be posted at the county courthouse or, in the case of a municipal election, at the city hall office of the election superintendent for the information of the public; (2) One copy to be filed and recorded as a permanent record in the minutes of the superintendent's office; (3) One copy to be sealed and filed with the clerk of the superior court, in the case of a county election, or with the city clerk, in the case of a municipal election, as required by Code Section 21-2-500; and (4) One copy to be returned immediately to the Secretary of State unless required as follows: (A) In the case of election of federal and state officers, a separate return showing totals of the votes cast for each of such officers respectively shall be forwarded by the superintendent to the Secretary of State on forms furnished by the Secretary of State; (B) In the case of referendum elections provided for by an Act of the General Assembly, the returns shall immediately be certified by the authority holding such election to the Secretary of State, along with the precinct returns and numbered list of voters for each precinct. In addition thereto, the official citation of the Act involved and the purpose of such election shall be sent to the Secretary of State at the same time. The Secretary of State shall maintain a permanent record of such certifications; (C) In the case of elections on constitutional amendments, the returns shall be certified immediately to the Secretary of State. Upon receiving the certified returns from the various superintendents, the Secretary of State shall immediately proceed to canvass and tabulate the votes cast on such amendments and certify the results to the Governor; and (D) In the case of election for presidential electors, a separate return shall be prepared by each superintendent and certified immediately to the Secretary of State. (b) Each county and municipal superintendent shall, upon certification, furnish to the Secretary of State in a manner determined by the Secretary of State a final copy of each ballot used for such election." 4250 JOURNAL OF THE SENATE SECTION 39. Said chapter is further amended by revising Code Section 21-2-499, relating to duty of Secretary of State as to tabulation, computation, and canvassing of votes for state and federal officers and certification of presidential electors by Governor, as follows: "21-2-499. (a) Upon receiving the certified returns of any election from the various superintendents, the Secretary of State shall immediately proceed to tabulate, compute, and canvass the votes cast for all candidates described in subparagraph (A) of paragraph (4) (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall thereupon certify and file in his or her office the tabulation thereof. In the event an error is found in the certified returns presented to the Secretary of State or in the tabulation, computation, or canvassing of votes as described in this Code section, the Secretary of State shall notify the county submitting the incorrect returns and direct the county to correct and recertify such returns. Upon receipt by the Secretary of State of the corrected certified returns of the county, the Secretary of State shall issue a new certification of the results and shall file the same in his or her office. (b) The Secretary of State shall also, upon receiving the certified returns for presidential electors, proceed to tabulate, compute, and canvass the votes cast for each slate of presidential electors and shall immediately lay them before the Governor. Not later than 5:00 P.M. on the fourteenth day following the date on which such election was conducted, the Secretary of State shall certify the votes cast for all candidates described in subparagraph (A) of paragraph (4) (a)(4)(A) of Code Section 21-2-497 and upon all questions voted for by the electors of more than one county and shall no later than that same time lay the returns for presidential electors before the Governor. The Governor shall enumerate and ascertain the number of votes for each person so voted and shall certify the slates of presidential electors receiving the highest number of votes. The Governor shall certify the slates of presidential electors no later than 5:00 P.M. on the fifteenth day following the date on which such election was conducted. Notwithstanding the deadlines specified in this Code section, such times may be altered for just cause by an order of a judge of superior court of this state. (c) The Secretary of State shall not count, tabulate, or publish the names of any writein candidates for whom the notice of intention of candidacy has not been provided in compliance with Code Section 21-2-133." SECTION 40. Said chapter is further amended by repealing Code Section 21-2-501.1, relating to timing whenever a municipal general primary is held in conjunction with the general primary in even-numbered years, in its entirety. SECTION 41. Said chapter is further amended by revising subsections (b) and (e) of Code Section 21-2540, relating to conduct of special elections generally, as follows: THURSDAY, MARCH 29, 2012 4251 "(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 the presidential preference primary, a state-wide general primary, or state-wide general election shall be called at least 90 days prior to the date of such presidential preference primary, state-wide general primary, or state-wide general election; provided, however, that this requirement shall not apply to special elections held on the same date as such presidential preference primary, state-wide general primary, or state-wide general election but conducted completely separate and apart from such state-wide general primary or state-wide general election using different ballots or voting equipment, facilities, poll workers, and paperwork." "(e) Candidates in special elections for partisan offices shall be listed alphabetically on the ballot according to and may choose to designate on the ballot their party affiliation. The party affiliation selected by a candidate shall not be changed following the close of qualifying." SECTION 42. Said chapter is further amended by revising subparagraph (c)(1)(B) of Code Section 212-540, relating to the conduct of special elections, as follows: "(B) In even-numbered years, any such special election shall only be held on: (i) The third Tuesday in March; provided, however, that in the event that a special election is to be held under this provision in a year in which a presidential preference primary is to be held, then any such special election shall be held on the date of and in conjunction with the presidential preference primary; (ii) The date of the general primary; or (iii) The third Tuesday in September; or (iv)(iii) The Tuesday after the first Monday in November." SECTION 43. Said chapter is further amended by revising Code Section 21-2-544, relating to special election for General Assembly vacancy, as follows: "21-2-544. Whenever a vacancy shall occur or exist in either house of the General Assembly, during a session of the General Assembly or whenever such vacancy shall occur or exist at a time when the members of the General Assembly shall be required to meet, at any time previous to the next November election, the Governor shall issue, within ten days after the occurrence of such vacancy, or after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy, which election shall be held on the date named in the writ, which shall not be less than 30 nor more than 60 days after its issuance. such vacancy shall be filled as follows: 4252 JOURNAL OF THE SENATE (1) If such vacancy shall occur during a session of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (2) Except as provided in paragraph (4) of this Code section, if such vacancy shall occur after the conclusion of the regular session which is held during the first year of the term of office of members of the General Assembly, but more than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly, the Governor may issue at any time but no later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held not fewer than 30 days after its issuance nor later than 60 days prior to the Tuesday following the first Monday in November of the first year of the term of office of members of the General Assembly; (3) If such vacancy shall occur after the conclusion of the regular session of the General Assembly held during the first year of the term of office of members of the General Assembly during the period beginning 60 days prior to the Tuesday following the first Monday in November of such year and ending on the day prior to the beginning of the regular session of the General Assembly held during the second year of the term of office of members of the General Assembly, the Governor shall issue, within ten days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; (4) If such vacancy shall occur following the election of a member of the General Assembly but prior to such member taking office, such vacancy shall be filled in accordance with Code Section 21-2-504, but such election shall be called within ten days of such vacancy and shall be held not fewer than 30 nor more than 60 days following the date of such call; (5) If such vacancy shall occur following the conclusion of the regular session of the General Assembly during the second year of the term of office of members of the General Assembly, the issuance of a writ of election to fill such vacancy shall be in the discretion of the Governor except as otherwise provided in paragraph (6) of this Code section and if the Governor chooses to issue such writ of election to fill such vacancy, such election shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or (6)(A) If such vacancy shall exist at a time when the members of the General Assembly shall be required to meet in special session, the Governor shall issue, within two days after the calling of an extraordinary session of the General Assembly during the existence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date THURSDAY, MARCH 29, 2012 4253 named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance; or (B) If such vacancy shall occur after the issuance by the Governor of a call for an extraordinary session of the General Assembly, but prior to the conclusion of such extraordinary session, the Governor shall issue, within five days after the occurrence of such vacancy, a writ of election to the Secretary of State for a special election to fill such vacancy which shall be held on the date named in the writ, which shall not be fewer than 30 nor more than 60 days after its issuance. Upon receiving the writ of election from the Governor, the Secretary of State shall then transmit the writ of election to the superintendent of each county involved and shall publish the call of the election. In all other cases any such special election to fill any such vacancy shall be held if the Governor issues his or her writ of election therefor. In such cases the writ of election shall be issued to the Secretary of State who shall transmit the writ of election to the superintendent of each county involved and shall publish the call of the election." SECTION 44. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising paragraph (6) of subsection (f) of Code Section 40-5-2, relating to driving records, as follows: "(6)(A) The information required to be made available regarding voter registration pursuant to Code Section Sections 21-2-221 and 21-2-221.2 and for the purposes set forth in such Code section sections; and (B) Information sufficient for use in verifying a registered voter's identity or the identity of an applicant for voter registration by the Secretary of State, the county election superintendent, or the county registrar, including name, address, date of birth, gender, driver identification number, photograph, and signature; and" SECTION 45. Section 9 of this Act is not intended by the General Assembly to change the effect of existing law but only to clarify the intent of the General Assembly in enacting the original legislation. SECTION 46. (a) This section and Sections 5, 10, 11, and 47 of this Act shall become effective upon approval of this Act by the Governor or upon this Act becoming law without such approval. (b) Section 9 of this Act shall become effective on the first date upon which candidates may begin qualifying for the general primary in 2012; provided, however, that if implementation of Section 9 is not permissible on such date under the federal Voting Rights Act of 1965, as amended, then Section 9 shall become effective on January 1, 2013. (c) All other sections of this Act shall become effective on July 1, 2012. 4254 JOURNAL OF THE SENATE SECTION 47. All laws and parts of laws in conflict with this Act are repealed. Senator Carter of the 42nd moved that the Senate agree to the House substitute to SB 92 as amended by the following amendment: Amend SB 92 by adding a section after line 1268 which reads: By revising Subsection A of Code Section 21-5-73 as follows "No lobbyist shall make any gift to any elected official or public officer when the value of the gift exceeds $100.00." Senator Bethel of the 54th requested a ruling of the Chair as to the germaneness of the amendment. The President ruled the amendment not germane. Senator Bethel of the 54th moved that the Senate agree to the House substitute to SB 92. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick E Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L Y James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 37, nays 18; the motion prevailed, and the Senate agreed to the House substitute to SB 92. THURSDAY, MARCH 29, 2012 4255 The following bill was taken up to consider House action thereto: HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Bethel of the 54th asked unanimous consent that the Senate adhere to its substitute to HB 347 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Hooks of the 14th, Chance of the 16th and Bethel of the 54th. The following bill was taken up to consider House action thereto: HB 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th: A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Albers of the 56th asked unanimous consent that the Senate insist on its substitute to HB 851. The consent was granted, and the Senate insisted on its substitute to HB 851. The following Senators were excused as Conferees: Bethel of the 54th Unterman of the 45th The following bill was taken up to consider House action thereto: SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd: 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 4256 JOURNAL OF THE SENATE to add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful, so as to further define unlawful lotteries with regard to promotions; 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 revise a definition; to provide for the applicability of certain provisions to certain games and devices; to revise the prohibition regarding certain noncash redemption items; to amend Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, so as to revise definitions relating to coin operated amusement machines; to provide an exception from a limitation on the allowable number of such machines at the same location; to authorize local governments to adopt any combination of a list of ordinance provisions relating to bona fide coin operated amusement machines; 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 10-1-393, relating to unfair or deceptive practices in consumer transactions unlawful, is amended in paragraph (16) of subsection (b) by revising subparagraph (N) and adding a new subparagraph to read as follows: "(N) Any promotion involving an element of chance which does not conform with the provisions of this paragraph shall be considered an unlawful lottery as defined in Code Section 16-12-20. Except as provided in Code Section 16-12-35 and Chapter 17 of Title 48, any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20 and shall not be permitted under this chapter. Any promotion involving the playing of a no-skill game on a computer, mechanical device, or electronic device at a place of business in this state shall be considered an unlawful lottery as defined in Code Section 16-12-20. The administrator may seek and shall receive the assistance of the prosecuting attorneys of this state in the commencement and prosecution of persons who promote and sponsor promotions which constitute an unlawful lottery; (N.1) All prizes offered and awarded shall be noncash prizes only and shall not be redeemable for cash;". THURSDAY, MARCH 29, 2012 4257 SECTION 2. Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public health and morals, is amended by revising paragraph (4) of Code Section 16-12-20, relating to definitions, as follows: "(4) 'Lottery' means any scheme or procedure whereby one or more prizes are distributed by chance among persons who have paid or promised consideration for a chance to win such prize, whether such scheme or procedure is called a pool, lottery, raffle, gift, gift enterprise, sale, policy game, or by some other name. Except as otherwise provided in Code Section 16-12-35, a lottery shall also include the payment of cash or other consideration or the payment for merchandise or services and the option to participate in or play, even if others can participate or play for free, a no skill game or to participate for cash, other consideration, other evidence of winnings, or other noncash prizes by lot or in a finite pool on a computer, mechanical device, or electronic device whereby the player is able to win a cash or noncash prize, other consideration, or other evidence of winnings. A lottery shall also include the organization of chain letter or pyramid clubs as provided in Code Section 16-12-38. A lottery shall not mean a: (A) Promotional giveaway or contest which conforms with the qualifications of a lawful promotion specified in paragraph (16) of subsection (b) of Code Section 101-393; (B) Scheme whereby a business gives away prizes to persons selected by lot if such prizes are made on the following conditions: (i) Such prizes are conducted as advertising and promotional undertakings in good faith solely for the purpose of advertising the goods, wares, and merchandise of such business; and (ii) No person to be eligible to receive such prize shall be required to: (I) Pay any tangible consideration to the operator of such business in the form of money or other property or thing of value; (II) Purchase any goods, wares, merchandise, or anything of value from such business; or (III) Be present or be asked to participate in a seminar, sales presentation, or any other presentation, by whatever name denominated, in order to win such prizes; or and (iii) The prizes awarded shall be noncash prizes and cannot be awarded based upon the playing of a game on a computer, mechanical device, or electronic device at a place of business in this state; (C) Raffle authorized under Code Section 16-12-22.1; or (D) Promotion, contest, or sweepstakes conducted by any corporation or wholly owned subsidiary or valid franchise of such corporation, either directly or through another entity, provided that, at the time of such promotion, contest, or sweepstakes, such corporation: (i) Is registered under the federal Securities Exchange Act of 1934; and (ii) Has total assets of not less than $100 million. 4258 JOURNAL OF THE SENATE The provisions of this part shall not be applicable to games offered by the Georgia Lottery Corporation pursuant to Chapter 27 of Title 50." SECTION 3. Title 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising paragraphs (2.2) and (2.3) of Code Section 48-17-1, relating to definitions relative to coin operated amusement machines, as follows: "(2.2) 'Class A machine' means a bona fide coin operated amusement machine that is not a Class B machine, does not allow a successful player to carry over points won on one play to a subsequent play or plays, and: (A) Provides no reward to a successful player; or (B) Rewards a successful player only with free replays or additional time to play; (C) Rewards a successful player with noncash merchandise, prizes, toys, gift certificates, or novelties in compliance with the provisions of subsection (c) or paragraph (1) of subsection (d) of Code Section 16-12-35, and does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35; (D) Rewards a successful player with points, tokens, tickets, or other evidence of winnings that may be exchanged only for items listed in subparagraph (C) of this paragraph; or (E) Rewards a successful player with any combination of items listed in subparagraphs (B), (C), and (D) of this paragraph. (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 allows a successful player to accrue points on the machine and carry over points won on one play to a subsequent play or plays in accordance with paragraph (2) of subsection (d) of Code Section 16-12-35 and: (A) Rewards a successful player in compliance with the provisions of paragraphs (1) and (2) of subsection (d) of Code Section 16-12-35; and (B) Does not reward a successful player with any item prohibited as a reward in subsection (i) of Code Section 16-12-35 or any reward redeemable as an item prohibited as a reward in subsection (i) of Code Section 16-12-35." SECTION 4. Said title is further amended by adding a new Code section to read as follows: "48-17-17. In addition to the state regulatory provisions regarding bona fide coin operated amusement machines contained in Code Section 16-12-35 and this chapter, the governing authority of any county or municipal corporation shall be authorized to enact and enforce an ordinance which includes any or all of the following provisions: (1) Permitting the offering to the public of more than nine Class B bona fide coin THURSDAY, MARCH 29, 2012 4259 operated amusement machines that reward the player exclusively with noncash merchandise, prizes, toys, gift certificates, or novelties at the same business location; (2) Requiring the owner or operator of a business location which offers to the public any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform all employees of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (3) Requiring the owner or possessor of any bona fide coin operated amusement machine that rewards the player exclusively as described in subsection (d) of Code Section 16-12-35 to inform each business owner or business operator of the business location where such machine is located of the prohibitions and penalties set out in subsections (e), (f), and (g) of Code Section 16-12-35; (4) Providing for the suspension or revocation of a license granted by such local governing authority to manufacture, distribute, or sell alcoholic beverages or for the suspension or revocation of any other license granted by such local governing authority as a penalty for conviction of the business owner or business operator of a violation of subsection (e), (f), or (g) of Code Section 16-12-35, or both. An ordinance providing for the suspension or revocation of a license shall conform to the due process guidelines for granting, refusal, suspension, or revocation of a license for the manufacture, distribution, or sale of alcoholic beverages set out in subsection (b) of Code Section 3-3-2; (5) Providing for penalties, including fines or suspension or revocation of a license as provided in paragraph (4) of this subsection, or both, for a violation of any ordinance enacted pursuant to this subsection; provided, however, that a municipal corporation shall not be authorized to impose any penalty greater than the maximum penalty authorized by such municipal corporation's charter; (6) Requiring any business owner or business operator subject to paragraph (1) of subsection (b) of Code Section 48-17-15 to provide to the local governing authority a copy of each verified monthly report prepared in accordance with such Code section, incorporating the provisions of such Code section in the ordinance, and providing for any and all of the penalties authorized by subsection (d) of Code Section 48-17-15; (7) Requiring the business owner or business operator of any business location which offers to the public one or more bona fide coin operated amusement machines to post prominently a notice including the following or substantially similar language: 'GEORGIA LAW PROHIBITS PAYMENT OR RECEIPT OF MONEY FOR WINNING A GAME OR GAMES ON THIS AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR FREE REPLAYS WON ON THIS AMUSEMENT MACHINE; PAYMENT OR RECEIPT OF MONEY FOR ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY WON ON THIS AMUSEMENT MACHINE; OR AWARDING ANY MERCHANDISE, PRIZE, TOY, GIFT CERTIFICATE, OR NOVELTY OF A VALUE EXCEEDING $5.00 FOR A SINGLE PLAY OF THIS MACHINE.'; (8) Providing for restrictions relating to distance from specified structures or uses so 4260 JOURNAL OF THE SENATE long as those distance requirements are no more restrictive than such requirements applicable to the sale of alcoholic beverages; (9) Requiring as a condition for doing business in the jurisdiction disclosure by the business owner or business operator of the name and address of the owner of the bona fide coin operated amusement machine or machines; (10) Requiring that all bona fide coin operated amusement machines are placed and kept in plain view and accessible to any person who is at the business location; and (11) Requiring a business that offers one or more bona fide coin operated amusement machines to the public for play to post its business license or occupation tax certificate." SECTION 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to conduct that occurs on and after such date. It is not the intention of this Act to abate any prosecution undertaken for conduct occurring under the law in effect prior to such date, and any offense committed before the effective date of this Act shall be prosecuted and punished under the statutes in effect at the time the offense was committed. 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 substitute to SB 431 as amended by the following amendment: Amend SB 431 by adding on page 3, Section 2 line 68 before the word "Promotion" add the words "National or Regional" On Section 4, page 4 line 113, strike "Permitting" and replace it with the word "Prohibiting" On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour C Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Cowsert Y Crane Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Jackson, L Y James Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner THURSDAY, MARCH 29, 2012 4261 Y Crosby Y Davenport Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Y Jeffares Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tate N Thompson, C Y Thompson, S Y Tippins Y Tolleson C Unterman Y Wilkinson Y Williams On the motion, the yeas were 44, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 431 as amended by the Senate. The following bill was taken up to consider House action thereto: SB 414. By Senators Unterman of the 45th, Albers of the 56th and Millar of the 40th: 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 require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; 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 require licensure of music therapists by the Secretary of State; to provide for definitions; to provide for establishment, appointment, and membership of the music therapy advisory group; to provide for licensure application and qualifications; to provide for license renewal; to provide for waiver of examination; to provide for disciplinary actions; to provide for applicability of the Georgia Administrative Procedures Act; 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 43 of the Official Code of Georgia Annotated, relating to professions and businesses, is amended by adding a new chapter to read as follows: 4262 JOURNAL OF THE SENATE "CHAPTER 25A 43-25A-1. As used in this chapter, the term: (1) 'Advisory group' means the Music Therapy Advisory Group. (2) 'Board certified music therapist' means an individual who has completed the education and clinical training requirements established by the American Music Therapy Association, has passed the Certification Board for Music Therapists certification examination or transitioned into board certification, and remains actively certified by the Certification Board for Music Therapists. (3) 'Music therapist' means a person licensed to practice music therapy pursuant to this chapter. (4) 'Music therapy' means the clinical and evidence based use of music interventions to accomplish individualized goals within a therapeutic relationship through an individualized music therapy treatment plan for the client that identifies the goals, objectives, and potential strategies of the music therapy services appropriate for the client using music therapy interventions, which may include music improvisation, receptive music listening, song writing, lyric discussion, music and imagery, music performance, learning through music, and movement to music. This term may include: (A) Accepting referrals for music therapy services from physicians, psychologists, speech-language pathologists, occupational therapists, physical therapists, audiologists, or other medical, developmental, or mental health professionals; education professionals; family members; clients; or caregivers. Before providing music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's physician, psychologist, or mental health professional to review the client's diagnosis, treatment needs, and treatment plan. During the provision of music therapy services to a client for a medical, developmental, or mental health condition, the licensee shall collaborate, as applicable, with the client's speech-language pathologist, occupational therapist, physical therapist, audiologist, or other medical or developmental professional to review the client's diagnosis, treatment needs, and treatment plan; (B) Conducting a music therapy assessment of a client to collect systematic, comprehensive, and accurate information necessary to determine the appropriate type of music therapy services to provide for the client; (C) Developing an individualized music therapy treatment plan for the client; (D) Carrying out an individualized music therapy treatment plan that is consistent with any other medical, developmental, mental health, or educational services being provided to the client; (E) Evaluating the client's response to music therapy and the individualized music therapy treatment plan and suggesting modifications, as appropriate; (F) Developing a plan for determining when the provision of music therapy THURSDAY, MARCH 29, 2012 4263 services is no longer needed in collaboration with the client, any physician, or other provider of health care or education of the client, any appropriate member of the family of the client, and any other appropriate person upon whom the client relies for support; (G) Minimizing any barriers so that the client may receive music therapy services in the least restrictive environment; and (H) Collaborating with and educating the client and the family or caregiver of the client or any other appropriate person about the needs of the client that are being addressed in music therapy and the manner in which the music therapy addresses those needs. (5) 'Office' means the office of the Secretary of State. (6) 'Secretary' means the Secretary of State or his or her designee. 43-25A-2. (a) There is created within the office of the Secretary of State a Music Therapy Advisory Group which shall consist of five members. (b) The Secretary shall appoint all members of the advisory group. The advisory group shall consist of persons familiar with the practice of music therapy to provide the Secretary with expertise and assistance in carrying out his or her duties pursuant to this chapter. (c) The Secretary shall appoint members of the advisory group to serve for terms of four years. The Secretary shall appoint three members who practice as music therapists in this state; one member who is a licensed health care provider who is not a music therapist; and one member who is a consumer. (d) Members shall serve without compensation. (e) Members may serve consecutive terms at the will of the Secretary. Any vacancy shall be filled in the same manner as the regular appointments. 43-25A-3. (a) The advisory group shall meet at least once per year or as otherwise called by the Secretary. (b) The Secretary shall consult with the advisory group prior to setting or changing fees in this chapter. (c) The advisory group may facilitate the development of materials that the Secretary may utilize to educate the public concerning music therapist licensure, the benefits of music therapy, and utilization of music therapy by individuals and in facilities or institutional settings. (d) The advisory group may act as a facilitator of state-wide dissemination of information between music therapists, the American Music Therapy Association or any successor organization, the Certification Board for Music Therapists or any successor organization, and the Secretary. (e) The advisory group shall provide analysis of disciplinary actions taken, appeals and denials, or revocation of licenses at least once per year. 4264 JOURNAL OF THE SENATE (f) The Secretary shall seek the advice of the advisory group for issues related to music therapy. 43-25A-4. After January 1, 2014, no person without a license as a music therapist shall use the title 'music therapist' or similar title, or perform the duties of a music therapist, provided that this chapter shall not prohibit any practice of music therapy that is an integral part of a program of study for students enrolled in an accredited music therapy program. Nothing in this Code section shall be construed as preventing or restricting the practice, services, or activities of any profession including occupational therapists, speechlanguage pathologists, physical therapists, or audiologists that may also use music in the scope of their practice. 43-25A-5. The Secretary shall issue a license to an applicant for a music therapy license when such applicant has completed and submitted an application upon a form and in such manner as the Secretary prescribes, accompanied by applicable fees, and evidence satisfactory to the Secretary that: (1) The applicant is at least 18 years of age; (2) The applicant holds a bachelor's degree or higher in music therapy, or its equivalent, from a program approved by the American Music Therapy Association or any successor organization within an accredited college or university; (3) The applicant successfully completes a minimum of 1,200 hours of clinical training, with at least 180 hours in preinternship experiences and at least 900 hours in internship experiences, provided that the internship shall be approved by an academic institution, the American Music Therapy Association or any successor organization, or both; (4) The applicant is in good standing based on a review of the applicant's music therapy licensure history in other jurisdictions, including a review of any alleged misconduct or neglect in the practice of music therapy on the part of the applicant; (5) The applicant provides proof of passing the examination for board certification offered by the Certification Board for Music Therapists or any successor organization or provides proof of being transitioned into board certification, and provides proof that the applicant is currently a board certified music therapist; and (6) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the Secretary. Application for a license under this Code section shall constitute express consent and authorization for the Secretary or his or her representative to perform a criminal background check. Each applicant who submits an application to the Secretary for licensure by examination agrees to provide the Secretary 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. THURSDAY, MARCH 29, 2012 4265 43-25A- 6. (a) Every license issued under this chapter shall be renewed biennially. A license shall be renewed upon payment of a renewal fee if the applicant is not in violation of any of the terms of this chapter at the time of application for renewal. The following shall also be required for license renewal: (1) Proof of maintenance of the applicant's Certification Board for Music Therapists credentials; and (2) Proof of completion of a minimum of 40 hours of continuing education in a program approved by the Certification Board of Music Therapists or any successor organization and any other continuing education requirements established by the Secretary. (b) A licensee shall inform the Secretary of any changes to his or her address. Each licensee shall be responsible for timely renewal of his or her license. (c) Failure to renew a license shall result in forfeiture of the license. Licenses that have been forfeited may be restored within one year of the expiration date upon payment of renewal and restoration fees. Failure to restore a forfeited license within one year of the date of its expiration shall result in the automatic termination of the license, and the Secretary may require the individual to reapply for licensure as a new applicant. (d) Upon written request of a licensee, the Secretary may place an active license on an inactive status subject to an inactive status fee established by the Secretary. The licensee, upon request and payment of the inactive license fee, may continue on inactive status for a period up to two years. An inactive license may be reactivated at any time by making a written request to the Secretary and by fulfilling requirements established by the Secretary. 43-25A-7. The Secretary shall waive the examination requirement for an applicant until January 1, 2014, who is: (1) Certified as a music therapist and in good standing with the Certification Board for Music Therapists; or (2) Designated as a registered music therapist, certified music therapist, or advanced certified music therapist and in good standing with the National Music Therapy Registry. 43-25A-8. (a) The Secretary may revoke, suspend, deny, or refuse to issue or renew a license; place a licensee on probation; or issue a letter of admonition upon proof that the licensee: (1) Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; (2) Has been convicted of a felony as provided under state law; (3) Has willfully or negligently acted in a manner inconsistent with the health or safety of persons under the individual's care; 4266 JOURNAL OF THE SENATE (4) Has had a license to practice music therapy suspended or revoked or has otherwise been subject to discipline related to the individual's practice of music therapy in any other jurisdiction; (5) Has committed a fraudulent insurance act; (6) Excessively or habitually uses alcohol or drugs, provided that the Secretary shall not discipline an individual under this paragraph if the individual is enrolled in a substance abuse program approved by the office; or (7) Has a physical or mental disability that renders the individual incapable of safely administering music therapy services. (b) The Secretary is authorized to conduct investigations into allegations of conduct described in subsection (a) of this Code section. (c) In addition to suspension, revocation, denial, or refusal to renew a license, the Secretary shall fine a person found to have violated any provision of this chapter or any rule adopted by the Secretary under this chapter not less than $100.00 nor more than $1,000.00 for each violation. (d) The provisions of Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act,' shall be applicable to the Secretary of State and the provisions of this chapter." SECTION 2. This Act shall become effective on July 1, 2012. SECTION 3. 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 414. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour C Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y Orrock Y Paris Y Ramsey Y Rogers Seay Y Shafer N Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins THURSDAY, MARCH 29, 2012 4267 Ginn Y Goggans Y Golden N Gooch Grant N McKoon Y Millar Y Miller Mullis Y Murphy Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 414. The following bill was taken up to consider House action thereto: SB 372. By Senators Unterman of the 45th, Harbison of the 15th, Jackson of the 2nd, Hill of the 4th and Jones of the 10th: A BILL to be entitled an Act to amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director in charge of a crematory is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, so as to provide for a determination as to whether a dead body that has been submitted to a funeral director is that of a deceased veteran; to provide a short title; to provide for certain notifications; to allow access to certain veterans' organizations under certain circumstances to information about a deceased; to allow certain veterans' organizations under certain circumstances to make arrangements for the disposition of the cremated remains of a deceased veteran; to provide for immunity; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4268 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known as and may be cited as the "Disposition of Veterans' Cremated Remains Act." SECTION 2. Part 1 of Article 1 of Chapter 18 of Title 43 of the Official Code of Georgia Annotated, relating to general provisions relative to funeral directors and establishments, embalmers, and crematories, is amended by adding a new Code section to read as follows: "43-18-9. (a) As used in this Code section, the term: (1) 'Veteran' means a resident of this state who qualifies as a veteran under the rules of the United States Department of Veterans Affairs and who was discharged under conditions other than dishonorable. (2) 'Veterans' organization' means the Department of Veterans Service, the National Cemetery Administration's National Cemetery Scheduling Office, or any association or other entity organized for the benefit of veterans that has been recognized or chartered by the United States Congress, such as the American Legion, the Legion of Honor, the Patriot Guard, the Missing in America Project, and the Vietnam Veterans of America. (b) The funeral director shall make a reasonable effort to determine whether any dead body submitted for final disposition by cremation is that of a deceased veteran. (c) The funeral director shall, at the time the cremation authorization form is signed: (1) Inquire as to whether the legally authorized person has information or belief as to whether the deceased is a veteran; and (2) Notify the legally authorized person of the responsibilities of the funeral director under this Code section. (d) If the funeral director is unable to determine with certainty whether the deceased was a veteran through an inquiry with the legally authorized agent, then any veterans' organization shall be allowed access to all information available from the United States Department of Veterans Affairs regarding the deceased in the possession of the funeral director in charge of the crematory so that any veterans' organization may attempt to determine whether the deceased is a veteran. If any veterans' organization that is allowed access to information pursuant to this Code section discovers that the deceased is a veteran, the veterans' organization shall notify the funeral director. (e)(1) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, then such funeral director shall immediately notify the legally authorized person of such finding and shall advise that the deceased person may be eligible to be interred at an appropriate veterans' cemetery. (2) If the funeral director determines that the deceased is a veteran from information provided by the legally authorized person, any veterans' organization, or otherwise, THURSDAY, MARCH 29, 2012 4269 and the cremated remains are not claimed by a legally authorized person, then the funeral director shall hold any such cremated remains for at least 60 days. After 60 days, the funeral director shall send written notice to the legally authorized person who signed the cremation authorization form requesting disposition instructions. If the funeral director does not receive a written response from the legally authorized person within 30 days of sending a written notice, then the funeral director shall contact a veterans' organization so that arrangements for the disposition of the cremated remains of the veteran may be made in a state or national veterans' cemetery. (f) Nothing in this Code section shall delay the authorized cremation of a deceased's remains. (g)(1) A funeral director complying with this Code section shall be immune from any criminal or civil liability regarding: (A) The determination of a deceased's status as a veteran; (B) The release of information relating to the determination of a deceased's status as a veteran; (C) The availability of interment or inurnment for a deceased veteran; or (D) The release of cremated remains to a veterans' cemetery. (2) A funeral director shall be immune from civil liability for any act or omission under this Code section except for willful or wanton misconduct. (h) A veterans' organization shall be immune from civil liability for any act or omission related to the disposition of cremated remains under this Code section except for willful or wanton misconduct." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Unterman of the 45th moved that the Senate agree to the House substitute to SB 372. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour C Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Orrock Y Paris Y Ramsey Y Rogers Seay Y Shafer Y Sims 4270 JOURNAL OF THE SENATE Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 372. The following bill was taken up to consider House action thereto: SB 300. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; 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 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, so as to exclude establishments boiling, bottling, and selling sugar cane and sorghum syrup from the definition of "food sales establishment"; to require proper labeling of bottles containing sugar cane or sorghum syrup; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 26-2-21 of the Official Code of Georgia Annotated, relating to definitions relative to adulteration and misbranding of food, is amended by revising paragraph (5) of THURSDAY, MARCH 29, 2012 4271 subsection (a) as follows: "(5) 'Food sales establishment' means retail and wholesale grocery stores; retail seafood stores and places of business; food processing plants, except those food processing plants which are currently required to obtain a license from the Commissioner under any other provision of law; bakeries; confectioneries; fruit, nuts, and vegetable stores or roadside stands; wholesale sandwich and salad manufacturers, including vending machines and operations connected therewith; and places of business and similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off the premises. Within a food sales establishment, there may be a food service component, not separately operated, which may serve customers on site. This food service component shall be considered as part of the food sales establishment. The food sales component of any food service establishment defined in Code Section 26-2-370 shall not be included in this definition. This term shall not include 'food service establishments' as defined in Code Section 26-2-370. This term also shall not include establishments engaged in the sale of food primarily for consumption off the premises if such sale is an authorized part of and occurs upon the site of a fair or festival which: (A) Is sponsored by a political subdivision of this state or by an organization exempt from taxes under paragraph (1) of subsection (a) of Code Section 48-7-25 or under Section 501(d) or paragraphs (1) through (8) or paragraph (10) of Section 501(c) of the Internal Revenue Code, as that code is defined in Code Section 48-1-2; (B) Lasts 120 hours or less; and (C) When sponsored by such an organization, is authorized to be conducted pursuant to a permit issued by the municipality or county in which it is conducted. This term also shall not include establishments engaged in the boiling, bottling, and sale of sugar cane syrup or sorghum syrup within this state, provided that such bottles contain a label listing the producer's name and street address, all added ingredients, and the net weight or volume of the product." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. Senator Bulloch of the 11th moved that the Senate agree to the House substitute to SB 300. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour C Bethel Y Bulloch Y Butler Y Carter, B Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Orrock Y Paris N Ramsey Y Rogers Y Seay Y Shafer 4272 JOURNAL OF THE SENATE Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Sims Y Staton Stone Y Stoner Y Tate Y Thompson, C Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 49, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 300. 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 181. By Representatives Golick of the 34th, Coleman of the 97th, Casas of the 103rd, Lindsey of the 54th, Nix of the 69th 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 provide for the waiver of one of the scholarship requirements under certain conditions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 237. By Representatives Golick of the 34th, Morris of the 155th, Hatfield of the 177th, Ramsey of the 72nd and Setzler of the 35th: A BILL to be entitled an Act to amend Article 5 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to residential mortgage fraud, so as revise the definition of "mortgage lending process"; to provide for investigative and subpoena powers of district attorneys and the Attorney General relative to residential mortgage fraud; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4273 HB 397. By Representatives Powell of the 171st, Bearden of the 68th, Powell of the 29th, Greene of the 149th, Baker of the 78th and others: A BILL to be entitled an Act to amend Title 50 of the O.C.G.A., relating to state government, so as to comprehensively revise the provisions of law regarding open meetings and open records; to provide definitions relating to open meetings; to provide for the manner of closing meetings; to provide for open meetings; to provide for remedies for improperly closing meetings; to provide for exceptions and exemptions; to provide for sanctions; to provide for related matters; to conform certain cross references; to repeal conflicting laws; and for other purposes. HB 713. By Representatives Nix of the 69th, Davis of the 109th, Carter of the 175th, Coleman of the 97th, Kaiser of the 59th 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 delay implementation of some career and college readiness initiatives until the 2013-2014 school year; to require career education in grades kindergarten through 12; to change the mandated assessment for postsecondary readiness to the end of the eleventh grade; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 729. By Representative 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 provide that certain corporate income tax elections made for federal income tax purposes shall also apply for state income tax purposes; to provide an effective date; to provide applicability; to repeal conflicting laws; and for other purposes. HB 1071. By Representative Houston of the 170th: A BILL to be entitled an Act to amend Chapter 11 of Title 48 of the Official Code of Georgia Annotated, relating to taxes on tobacco products, so as to change certain provisions relating to the excise tax on certain tobacco products; to provide for a definition; to establish the rate of tax on certain tobacco products; to establish the retail selling price before the addition of certain taxes; to provide for annual renewal of tobacco dealer 4274 JOURNAL OF THE SENATE license; to provide for exemptions from certain taxes; to authorize the collection and payment on the first taxable transaction; to change certain provisions regarding civil and criminal penalties; to 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 include hearings related to tobacco within its meaning; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Resolution of the House: HR 1177. By Representatives Williams of the 113th and Channell of the 116th: A RESOLUTION recognizing United States military veterans and dedicating a highway in their honor; 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 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided for related matters; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Shaw of the 176th, Meadows of the 5th, and Smith of the 131st. 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 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change THURSDAY, MARCH 29, 2012 4275 certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives McKillip of the 115th, Sheldon of the 105th, and Collins of the 27th. The following bill was taken up to consider House action thereto: HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. Senator Williams of the 19th asked unanimous consent that the Senate adhere to its substitute to HB 954 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, Unterman of the 45th and Cowsert of the 46th. At 6:41 p.m. the President announced that the Senate would stand at ease until 7:45 p.m. At 7:45 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 amendment to the following Bill of the House: 4276 JOURNAL OF THE SENATE HB 732. By Representatives McBrayer of the 153rd, Yates of the 73rd, Collins of the 27th, Rice of the 51st, Setzler of the 35th and others: A BILL to be entitled an Act to amend Code Section 40-2-84 of the Official Code of Georgia Annotated, relating to the issuance of license plates to veterans awarded Purple Hearts, so as to include persons still serving in the armed services; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Hill of the 32nd was excused for business outside the Senate Chamber. The following bill was taken up to consider House action thereto: SB 402. By Senators Golden of the 8th, Millar of the 40th, Stoner of the 6th, Rogers of the 21st, Tolleson of the 20th and others: A BILL to be entitled an Act to amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide a short title; to define certain terms relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to the Employees' Retirement System of Georgia; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to amend Code Section 50-1872 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," so as to provide a short title; to define certain terms and limitations relating to certain types of investments; to provide that the provisions of this Act shall be applicable only to certain retirement systems and certain other large retirement systems; to provide that the Teachers Retirement System of Georgia (T.R.S.) shall be exempt from the provisions of this Act; to provide that certain public retirement systems other than the Teachers Retirement System of Georgia 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 THURSDAY, MARCH 29, 2012 4277 scrutiny; to provide that the director of certain retirement systems shall provide an annual report to the Governor and the chairpersons of the Senate and House of Representatives standing committees on retirement; to provide for the contents of such report; to provide for a code of ethics; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure exempting legal authority, so as to exempt certain public records from public inspection; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. This Act shall be known and may be cited as the "Employees' Retirement System of Georgia Enhanced Investment Authority Act." SECTION 2. Article 7 of Chapter 20 of Title 47 of the Official Code of Georgia Annotated, the "Public Retirement Systems Investment Authority Law," is amended by revising subsection (c) of Code Section 47-20-82, relating to investing funds, eligibility, and investment limitations, as follows: "(c) Any investment limitation based upon the amount of the fund's assets shall relate to such assets on the basis of the assets' aggregate historical cost. For purposes of any investment made in alternative investments pursuant to Code Section 47-7-127 or 4720-87, aggregate historical cost shall include all contractually committed, unpaid amounts." SECTION 3. Said article is further amended by adding a new Code section to read as follows: "47-20-87. (a) As used in this Code section, the term: (1) 'Alternative investments' means the following investments: (A) Privately placed investment pools, including, without limitation, private investment funds, such as: (i) Leveraged buyout funds; (ii) Mezzanine funds; (iii) Workout funds; (iv) Debt funds; (v) Venture capital funds; (vi) Merchant banking funds; and (vii) Funds of funds and secondary funds that include investments in privately placed investment pools described in this subparagraph, in each case whether structured as a partnership, limited liability company, trust, corporation, joint venture, or other entity or investment vehicle of any type; organized or operating in one of the states or territories of the United 4278 JOURNAL OF THE SENATE States or outside the United States; such pool will invest in the United States or outside the United States or any combination thereof; or such pool makes investments of the type described in subparagraph (B) of this paragraph or other investments of any type or any combination thereof; (B) Private placements and other private investments, including without limitation: (i) Leveraged buyouts; (ii) Venture capital investment; (iii) Equity investments, including, without limitation, preferred and common stock; (iv) Warrants; (v) Options; (vi) Private investments in public securities; (vii) Recapitalizations; (viii) Privatizations; (ix) Mezzanine debt investments; (x) Distressed debt and equity investments, including, without limitation, cases in which the investor may take control of the issuer; (xi) Other debt investments, whether secured or unsecured, senior or subordinated, recourse or nonrecourse, convertible, or otherwise; (xii) Convertible securities; (xiii) Receivables; (xiv) Interests, as such term is referred to in 11 U.S.C. Sections 501 and 502; (xv) Claims, as such term is defined in 11 U.S.C. Section 101(5); (xvi) Debt and equity derivative instruments of all types; and (xvii) All other debt and equity private placements of all types, in each case whether issued by a partnership, limited liability company, trust, corporation, joint venture, or other entity or vehicle of any type or whether the issuer is organized or does business in one of the states or territories of the United States or outside the United States; and (C) Any distribution in kind received by an eligible large retirement system in connection with any investment described in subparagraphs (A) and (B) of this paragraph. (2) 'Eligible large retirement system' means a large retirement system as defined in subsection (a) of Code Section 47-20-84; provided, however, that such term shall not include the Teachers Retirement System of Georgia. (b) In addition to the eligible investments authorized by Code Section 47-20-82, and without applicability of any restrictions set forth in Code Sections 47-20-83 and 47-2084, an eligible large retirement system is authorized to invest in alternative investments in accordance with the provisions of this Code section. Further, when provisions of Code Section 47-20-83 or 47-20-84 or any provisions of this article other than this Code section limit a particular form of investment to a certain percentage of retirement system assets, the denominator will include alternative investments with all other investments, but the numerator for any such calculation shall not include any alternative THURSDAY, MARCH 29, 2012 4279 investments, even if any such alternative investment is of a like kind as the investments that are included in the numerator. (c) An alternative investment shall not exceed in any case 20 percent of the aggregate amount of: (1) The capital to be invested in the applicable private pool, including all parallel pools and other related investment vehicles established as part of the investment program of the applicable private pool; and (2) The securities being issued in the applicable private placement, in each case determined at the time such alternative investment is initially either made or committed to be made, as applicable, but taking into consideration any investments that have previously been or are concurrently being made or committed to be made. Each alternative investment by an eligible large retirement system shall have previously been or shall be concurrently made or committed to be made by at least four other investors not affiliated with the issuer. At the time of initial investment, such investors shall not include any trustee of the eligible large retirement system making the investment or any public official as defined in paragraph (9) of Code Section 45-10-20. Such four other investors shall be investing on substantially the same terms and conditions as those applicable to the investment by the eligible large retirement system to the extent such other investors are similarly situated with the eligible large retirement system. Alternative investments shall only be made in private pools and issuers that have at least $100 million in assets, including committed capital, at the time the investment is initially made or committed to be made by an eligible large retirement system. (d) Alternative investments by an eligible large retirement system shall not in the aggregate exceed 5 percent of the eligible large retirement system assets at any time. The board of trustees of an eligible large retirement system shall have the discretion to designate whether any investment that is permitted to be made as an alternative investment pursuant to this Code section and that is also permitted to be made as an investment pursuant to Code Section 47-20-83 shall be treated for purposes of the 5 percent limitation and otherwise as an alternative investment made pursuant to this Code section or as an investment made pursuant to Code Section 47-20-83. If the eligible large retirement system is not in compliance with the limitations imposed by this subsection, it shall make a good faith effort to come into compliance within two years and in any event as soon as practicable thereafter; provided, however, that during any period of noncompliance, the eligible large retirement system shall not increase the percentage of its assets committed to be invested in alternative investments but shall be permitted during such period to continue to make investments as required by the then existing commitments of the eligible large retirement system to alternative investments made before the period of noncompliance. (e) The provisions of this subsection shall apply only to the Employees' Retirement System of Georgia. New commitments to alternative investments shall not in the aggregate exceed 1 percent of the retirement system assets in any calendar year until the first occurrence that 4 1/2 percent of the retirement system assets are invested in 4280 JOURNAL OF THE SENATE alternative investments, at which time there shall be no limit on the percentage of commitments that may be made in any calendar year, subject to compliance with the other provisions of this Code section. (f)(1) For purposes of this subsection, the term 'information' shall include, without limitation, preinvestment and postinvestment diligence information, including reviews and analyses prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment. (2) In addition to those records that are exempted from being open to inspection by the general public under Code Section 47-1-14 and except as otherwise provided in this subsection, an eligible large retirement system may in its discretion treat as confidential and withhold from public inspection and disclosure all information prepared or provided by the issuer of a potential or actual alternative investment or prepared by or for an eligible large retirement system or otherwise relating to a potential or actual alternative investment and held by an eligible large retirement system and may agree in making an alternative investment to treat such information as confidential and withhold it from public inspection and disclosure. (3) Notwithstanding the provisions of paragraphs (1) and (2) of this subsection, any public retirement system created by this title, other than by Chapter 5 of this title, shall make publicly available the following information, but only to the extent the following information is otherwise available or maintained by said retirement system in the normal course and only after a period of one year from the date such records were created: (A) The name of any alternative investment in which the retirement system has invested; excluding, in the case of an alternative investment in a privately placed investment pool, any information concerning the investments made by such privately placed investment pool; (B) The date the retirement system first invested in an alternative investment; (C) The aggregate amount of money, expressed in dollars, the retirement system has invested in alternative investments as of the end of any fiscal quarter; (D) The aggregate amount of money and the value of any in kind or other distribution, in each case, expressed in dollars, the retirement system received from alternative investments; (E) The internal rate of return or the result under any other such standard used by the retirement system in connection with alternative investments for the asset class and for the period for which the return or standard was calculated; and (F) The remaining cost of alternative investments in which the retirement system has invested as of the end of any fiscal quarter. (4) The provisions of this Code section shall not restrict access to information and records under process of law or by officers otherwise entitled to them for official purposes, but such information and records shall have the same confidential status under process or with such officers as it does in the hands of an eligible large retirement system, and such officers shall respect such confidentiality to the extent THURSDAY, MARCH 29, 2012 4281 consistent with their separate powers and duties. (5) On the second Monday in March of each year, the director of any public retirement system created by this title, other than by Chapter 5 of this title, shall provide a report to the Governor and the chairpersons of the House and Senate standing committees on retirement detailing the performance of any investments made pursuant to this Code section, including, without limitation, a clear statement of the aggregate loss or profit on such investments for the preceding year. Such report shall also be posted on the retirement system's official website. This paragraph shall not be construed so as to require the disclosure of any information otherwise protected by this subsection. (g) Unless the information has been publicly released, preinvestment and postinvestment diligence information, including reviews and analyses, prepared or maintained by the eligible large retirement system or by an alternative investment firm shall be confidential and exempted from being open to inspection by the general public pursuant to Article 4 of Chapter 18 of Title 50, except to the extent it is subject to disclosure from the requirements of subsection (f) of this Code section. (h) The respective boards of trustees of eligible large retirement systems making investments authorized by this Code section shall adopt a code of ethics for the consideration of and investment in and disposition of alternative investments. (i) Funds invested pursuant to this Code section and any return on such investment shall remain funds of the retirement system." SECTION 4. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure of records is not required and disclosure of exempting legal authority, is amended in subsection (a) by striking "or" at the end of paragraph (22), by replacing the period with "; or" at the end of paragraph (23), and by adding a new paragraph to read as follows: "(24) Records that are expressly exempt from public inspection pursuant to Code Section 47-20-87." SECTION 5. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Note, as required by law, was read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 4282 JOURNAL OF THE SENATE Russell W. Hinton State Auditor (404) 656-2174 March 7, 2012 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 402 (LC 21 1781S) Dear Representative Maxwell: This substitute bill would amend provisions relating to the Public Retirement Systems Investment Authority Law. Specifically, this bill would define the term `alternative investments' and would allow `eligible large retirement systems' to make such alternative investments. This bill would also provide limits regarding the amount of assets that may be invested in alternative investments. Under the provisions of this bill, alternative investments, in the aggregate, may not exceed 5% of the retirement system assets at any time. In the event a system is out of compliance with the limitations, this bill provides provisions for the system to come back into compliance. Furthermore, this substitute bill would 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 retirement system. Under the provisions of this substitute bill, the Teachers Retirement System would be prohibited from participating in such investment practices. This substitute bill would also require directors of retirement systems created by Title 47 to provide an annual report to the chairpersons of the House and Senate Retirement Committees detailing the performance of investments made pursuant to the provisions of this bill. This report must be made available on the second Monday in March of each year. Additionally, the directors would be required to post such information on the retirement system's website. Finally, this substitute bill would also clarify how the term `aggregate historical cost' is defined for purposes of any investment made in alternative investments pursuant to O.C.G.A. 47-7-127 and for any investment made in alternative investments by retirement systems affected by this legislation. If this legislation is enacted, `aggregate historical cost' shall include all contractually committed, unpaid amounts. THURSDAY, MARCH 29, 2012 4283 This is to certify that this substitute bill is a nonfiscal bill as defined in the Public Retirement Systems Standards Law. Respectfully, /s/ Russell W. Hinton State Auditor Senator Golden of the 8th moved that the Senate agree to the House substitute to SB 402. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack E Hill, Judson Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris N Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Tate Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the motion, the yeas were 42, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 402. The following bill was taken up to consider House action thereto: SB 284. By Senator Golden of the 8th: A BILL to be entitled an Act to amend Chapter 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2011; to provide a short title and a statement of construction, intent and 4284 JOURNAL OF THE SENATE scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; 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 4 of Title 48 of the Official Code of Georgia Annotated, relating to tax sales, so as to provide for provisions governing the creation and operation of land banks on and after July 1, 2012; to provide a short title and a statement of construction, intent, and scope; to provide for legislative findings; to define certain terms; to provide for the creation, existence, and board membership of land banks; to provide for land bank powers, including those powers related to the acquisition and disposition of tax delinquent and other properties; to provide for financing of land banks; to provide for public meetings of land banks, for the adoption of rules and regulations to address potential conflicts of interest, and for the dissolution of land banks; 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 48 of the Official Code of Georgia Annotated, relating to tax sales, is amended in Code Section 48-4-61, relating to land bank authority established by interlocal cooperation agreement, powers, purpose, and dissolution, by adding a new subsection to read as follows: "(f) No land bank authority shall be created pursuant to this article on or after July 1, 2012. Except as otherwise provided in subsection (j) of Code Section 48-4-104, any land bank created pursuant to this article prior to July 1, 2012, shall continue to be governed by this article." SECTION 2. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 6 48-4-100. (a) This article shall be known and may be cited as the 'Georgia Land Bank Act.' (b) Any land bank created prior to July 1, 2012, pursuant to Article 4 of this chapter THURSDAY, MARCH 29, 2012 4285 shall not be affected by this article but shall be entitled to continue in existence and exercise all powers granted in such article. The board of any existing land bank may vote, in the manner provided in subsection (j) of Code Section 48-4-104, to continue in existence under the provisions of this article, thus exercising the additional authorities and powers contained herein. 48-4-101. The General Assembly finds and declares that: (1) Georgia's communities are important to the social and economic vitality of this state. Whether urban, suburban, or rural, many communities are struggling to cope with dilapidated, abandoned, and tax delinquent properties; (2) Citizens of Georgia are affected adversely by dilapidated, abandoned, and tax delinquent properties, including properties that have been abandoned due to mortgage foreclosure; (3) Dilapidated, abandoned, and tax delinquent properties impose significant costs on neighborhoods and communities by lowering property values, increasing fire and police protection costs, decreasing tax revenues, and undermining community cohesion; (4) There is an overriding public need to confront the problems caused by dilapidated, abandoned, and tax delinquent properties, and to return properties which are in nonrevenue-generating, nontax-producing status to an effective utilization status in order to provide affordable housing, new industry, and jobs for the citizens of this state through the creation of new tools that enable communities to turn abandoned spaces into vibrant places; and (5) Land banks are one of the tools that can be utilized by communities to facilitate the return of dilapidated, abandoned, and tax delinquent properties to productive use. 48-4-102. As used in this article, the term: (1) 'Board of directors' or 'board' means the board of directors of a land bank. (2) 'Consolidated government' means a unified government created pursuant to Article IX, Section III, Paragraph II of the Constitution of Georgia. (3) 'Intergovernmental contract' means a contract as authorized pursuant to Article IX, Section III, Paragraph I of the Constitution of Georgia and paragraph (5) of Code Section 36-34-2, and entered into by counties, consolidated governments, and municipal corporations pursuant to this article. (4) 'Land bank' means a public body corporate and politic established in accordance with the provisions of this article. (5) 'Land bank member' means the local governments that are parties to the intergovernmental contract or resolution creating a land bank and the local governments that join a land bank subsequent to its creation pursuant to the provisions of this article. (6) 'Real property' means all lands and the buildings thereon, all things permanently 4286 JOURNAL OF THE SENATE attached to land or to the buildings thereon, and any interest existing in, issuing out of, or dependent upon land or the buildings thereon. (7) 'School district' means any school district, independent school system, or other local school system in this state. 48-4-103. (a) Any county, municipal corporation, or consolidated government may elect to create a land bank in accordance with subsection (b) of this Code section by the adoption of a local law, ordinance, or resolution as appropriate to the applicable counties, consolidated governments, or municipal corporations, which action specifies the following: (1) The name of the land bank; (2) The number of members of the board of directors, which shall consist of an odd number of board members and be not less than five board members or more than 11 board members; (3) The initial individuals to serve as board members and the length of terms for which they will serve; and (4) The qualifications, manner of selection or appointment, and terms of office of board members. (b) A land bank may be created pursuant to an intergovernmental contract by any of the following and any combination of the following methods: (1) A county and one or more municipal corporations located wholly or partially within the county; (2) Two or more counties and one or more municipal corporations located wholly or partially within the geographical boundaries of each county; (3) A consolidated government and one or more municipal corporations located wholly or partially within the same county as the consolidated government; or (4) Any consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government may create a land bank as follows: (A) Through ordinance or resolution of the governing authority of the consolidated government; (B) Through an intergovernmental contract with another consolidated government without a municipal corporation located wholly or partially within the same county as the consolidated government; or (C) Through an intergovernmental contract with other counties, municipal corporations, or consolidated governments creating land banks pursuant to paragraph (1), (2), or (3) of this subsection. (c) Any intergovernmental contract creating a land bank shall specify the matters identified in subsection (a) of this Code section. (d) Subject to the limitations of subsection (b) of this Code section, any county or municipal corporation or consolidated government may elect to join any preexisting land bank by executing the intergovernmental contract or resolution that created the THURSDAY, MARCH 29, 2012 4287 land bank and such other documentation as may be necessary. (e) A land bank shall have the power to acquire real property only in those portions of the county located outside of the geographical boundaries of a nonparticipating municipal corporation located within the county; provided, however, that a land bank may acquire real property lying within such nonparticipating municipal corporation with the consent of such municipal corporation. (f) A school district may participate in a land bank pursuant to an intergovernmental contract provided such contract specifies any members of the board of education serving on the board of the land bank and any actions of the land bank which are subject to approval by the board of education. (g) A land bank shall be a public body corporate and politic and shall have permanent and perpetual duration until terminated and dissolved in accordance with the provisions of subsection (c) of Code Section 48-4-111. 48-4-104. (a) The initial size of a board shall be determined in accordance with paragraph (2) of subsection (a) of Code Section 48-4-103. Unless restricted by the actions or agreements specified in Code Section 48-4-103, and subject to the limits stated in this Code section, the size of the board may be adjusted in accordance with the bylaws of the land bank. (b) In the event the board of a land bank created by a county and a municipal corporation or by a consolidated government before July 1, 2012, votes to continue in existence under the provisions of this article, the land bank members shall jointly nominate and approve at least one additional board member so that there is an odd number of board members. In the event the land bank members of such a preexisting land bank are unable to approve such additional board members, such preexisting land bank shall not exist under the provisions of this article unless and until a new intergovernmental contract is approved in accordance with this article. (c) Notwithstanding any law to the contrary, an elected member of the municipal governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any municipal employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of the county governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any county employee shall be eligible to serve as a board member. Notwithstanding any law to the contrary, an elected member of a consolidated government governing authority shall be eligible to serve as a board member, and the acceptance of the appointment shall neither terminate nor impair that public office. Any consolidated government employee shall be eligible to serve as a board member. A tax commissioner or tax collector, or both, may serve ex officio as a member of the land bank board if so authorized by the intergovernmental contract, local law, ordinance, or resolution that creates the land bank or by subsequent intergovernmental contracts with the land bank members. 4288 JOURNAL OF THE SENATE (d) The members of the board shall select annually from among themselves a chairperson, vice chairperson, secretary, treasurer, and such other officers as the board may determine and shall establish their duties as may be regulated by the intergovernmental contract or by rules adopted by the board. When in actual conflict the intergovernmental contract shall control over the bylaws or rules adopted by the board. (e)(1) The board shall establish rules and regulations relative to the attendance and participation of board members in its regular and special meetings. The rules and regulations may prescribe a procedure whereby a board member who fails to comply with the rules and regulations of the board may be removed from office by no less than a majority vote of the remaining members of the board, and that board member's position shall be vacant as of the first day of the next calendar month. (2) A land bank member may remove any board member appointed by that land bank member. (3) Any board member removed under the provisions of this subsection shall be ineligible for reappointment to the board, unless the reappointment is confirmed by at least a two-thirds' vote of the governing authority of the appointing land bank member. (f) A vacancy on the board shall be filled in the same manner as the original appointment. (g) Board members shall serve without compensation. The board may reimburse a board member for expenses actually incurred in the performance of duties on behalf of the land bank. (h) The board shall meet in regular session according to a schedule adopted by the board and also shall meet in special session as convened by the chairperson or upon written notice signed by a majority of the board members. (i) A quorum of board membership shall be a simple majority of the entire board membership, and no action of the board shall be taken in the absence of a quorum. All actions of the board must be approved by the affirmative vote of a majority of the members of the board present and voting; provided, however, that no action of the board shall be authorized on the following matters unless approved by a majority of the entire board membership: (1) Adoption of bylaws and other rules and regulations for conduct of the land bank's business; (2) Hiring or firing of any employee or contractor of the land bank. Such function may by majority vote be delegated by the board to a specified officer or committee of the land bank under such terms and conditions and to the extent that the board may specify; (3) Incurring of debt; (4) Adoption or amendment of the annual budget; and (5) Sale, lease, encumbrance, or alienation of real property, improvements, or personal property with a value of more than $50,000. (j) A land bank created pursuant to Article 4 of this chapter may continue in existence THURSDAY, MARCH 29, 2012 4289 in accordance with provisions of this article upon the unanimous consent of the board members, and contingent upon the appointment of at least one additional board member pursuant to subsection (b) of this Code section. (k) A board member shall not be liable personally on obligations of the land bank, and the rights of creditors of a land bank shall be solely against the land bank. (l) A board member shall be prohibited from voting by proxy. A board member may request a recorded vote on any resolution or action of the land bank. 48-4-105. A land bank may employ an executive director, its own counsel and legal staff, and such technical experts, other agents, and employees, permanent or temporary, as it may require and may determine the qualifications and fix the compensation and benefits of those persons. A land bank may also enter into contracts and agreements with municipal corporations or counties or consolidated governments for staffing services to be provided to the land bank by agencies or departments thereof or for a land bank to provide such staffing services to agencies or departments thereof. 48-4-106. (a) A land bank shall constitute a public body, corporate and politic, and shall have all powers necessary or appropriate to carry out and effectuate the purposes and provisions of this article, including the following powers: (1) To adopt, amend, and repeal bylaws for the regulation of its affairs and the conduct of its business; (2) To sue and be sued in its own name and plead and be impleaded in all civil actions, including, but not limited to, actions to clear title to property of the land bank; (3) To adopt a seal and to alter the same at pleasure; (4) To acquire by purchase, lease, or otherwise and to hold, lease, and dispose of real or personal property of every kind and character, or any interest therein, in furtherance of the public purposes of the land bank; (5) To acquire, accept, or retain equitable interests, security interests, or other interests in any real property, personal property, or fixtures by loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure credit extended by the land bank; (6) To borrow from private lenders, from municipal corporations, counties, or consolidated governments, from the state, or from federal government funds, as may be necessary, for the operation and work of the land bank; (7) To borrow money to further or carry out its public purpose and to execute notes, other obligations, leases, trust indentures, trust agreements, agreements for the sale of its notes or other obligations, loan agreements, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, and such other agreements or instruments as may be necessary or desirable, in the judgment of the land bank, to evidence and to provide security for such borrowing; 4290 JOURNAL OF THE SENATE (8) To issue notes or other obligations of the land bank and use the proceeds thereof for the purpose of paying all or any part of the cost of any land bank projects and otherwise to further or carry out the public purpose of the land bank and to pay all costs of the land bank incidental to, or necessary and appropriate to, furthering or carrying out such purpose; (9) To make application directly or indirectly to any federal, state, county, or municipal government or agency or to any other source, whether public or private, for loans, grants, guarantees, or other financial assistance in furtherance of the land bank's public purpose and to accept and use the same upon such terms and conditions as are prescribed by such federal, state, county, or municipal government or agency or other source; (10) To enter into agreements with the federal government or any agency thereof to use the facilities or services of the federal government or any agency thereof in order to further or carry out the public purposes of the land bank; (11) A land bank shall have no authority to lend money to a nongovernmental entity; provided, however, that a land bank may administer funds in the form of a loan to a nongovernmental entity when such funds are received from federal, state, and local government entities for the purpose of making such loans; provided, further, that only such transactions which are fully consistent with the purpose of the land bank shall be permitted. In those transactions, a land bank may extend credit to any person, corporation, partnership, whether limited or general, or other entity for the costs of any land bank projects which credit may be evidenced or secured by loan agreements, notes, mortgages, deeds to secure debt, trust deeds, security agreements, assignments, or such other instruments, or by rentals, revenues, fees, or charges, upon such terms and conditions as the land bank shall determine to be reasonable in connection with such extension of credit, including provision for the establishment and maintenance of reserve funds, and, in the exercise of powers granted by this article in connection with any land bank projects the land bank shall have the right and power to require the inclusion in any such loan agreement, note, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other instrument of such provisions or requirements for guaranty of any obligations, insurance, construction, use, operation, maintenance, and financing of a project, and such other terms and conditions, as the land bank may deem necessary or desirable; (12) As security for repayment of any notes or other obligations of the land bank, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property of the land bank, including, but not limited to, real property, fixtures, personal property, and revenues or other funds, and to execute any lease, trust indenture, trust agreement, agreement for the sale of the land bank's notes or other obligations, loan agreement, mortgage, deed to secure debt, trust deed, security agreement, assignment, or other agreement or instrument as may be necessary or desirable, in the judgment of the land bank, to secure any such notes or other obligations, which instruments or agreements may provide for foreclosure or forced sale of any property of the land bank upon default in any obligation of the land bank, either in payment of principal, THURSDAY, MARCH 29, 2012 4291 premium, if any, or interest or in the performance of any term or condition contained in any such agreement or instrument. The state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein, waives any right it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the land bank upon such default and agrees that any agreement or instrument encumbering such property may be foreclosed in accordance with law and the terms thereof; (13) To receive and administer gifts, grants, and devises of money and property of any kind and to administer trusts; (14) To use any real property, personal property, or fixtures or any interest therein or to rent or lease such property to or from others or make contracts with respect to the use thereof, or to sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner as it deems to be in the best interests of the land bank and the public purpose thereof; (15) To procure insurance or guarantees from the General Assembly or federal government of the payments of any debts or parts thereof incurred by the land bank and to pay premiums in connection therewith; (16) To enter into contracts and other instruments necessary, incidental, or convenient to the performance of its duties and the exercise of its powers, including, but not limited to, intergovernmental contracts for the joint exercise of powers under this article. Intergovernmental contracts with municipal corporations, counties, or consolidated governments may include contracts for the performance of services by municipal corporations, counties, or consolidated governments on behalf of the land bank or by the land bank on behalf of municipal corporations, counties, or consolidated governments, whether or not such counties, consolidated governments, or municipal corporations are located inside or outside the geographical boundaries of the land bank members; (17) To procure insurance against losses in connection with the real property, assets, or activities of the land bank; (18) To accept and issue deeds in its name, including without limitation the acceptance of real property in accordance with the provisions of paragraph (2.1) of subsection (u) of Code Section 16-13-49; (19) To finance by loan, grant, lease, or otherwise, refinance, construct, erect, assemble, purchase, acquire, own, repair, remodel, rehabilitate, modify, maintain, extend, improve, install, sell, equip, expand, add to, operate, or manage real property or rights or interests in property, and to pay the costs of any such project from the proceeds of loans by persons, corporations, partnerships, whether limited or general, or other entities, all of which the land bank is authorized to receive, accept, and use; (20) To fix, charge, and collect rents, fees, and charges for the use of real property of the land bank and for services provided by the land bank; (21) To grant or acquire a license, easement, lease, as lessor or lessee, or option with respect to real property of the land bank; (22) To enter into partnerships, joint ventures, and other collaborative relationships 4292 JOURNAL OF THE SENATE with municipalities and other public and private entities for the ownership, management, development, and disposition of real property; (23) To hold title to real property for purposes of establishing contracts with nonprofit community land trusts, including, but not limited to, long-term lease contracts; (24) To organize and reorganize the executive, administrative, clerical, and other departments of the land bank and to fix the duties, powers, and compensation of all employees, agents, and consultants of the land bank; and (25) To do all other things necessary or convenient to achieve the objectives and purposes of the land bank or other laws that relate to the purposes and responsibilities of the land bank. (b) The exercise of a specific power by a land bank may be limited or withdrawn by a land bank member when the land bank is acting with respect to real property within the jurisdiction of such member. Procedures for the exercise of such limitation or withdrawal of power shall be provided in the intergovernmental contract. 48-4-107. A land bank shall neither possess nor exercise the power of eminent domain. 48-4-108. (a) The real property of a land bank and its income and operations are exempt from all taxation by the state and by any of its political subdivisions, including, but not limited to, real property held by a land bank as lessor pursuant to long-term lease contracts with community land trusts. (b) A land bank may acquire real property or interests in real property by gift, devise, transfer, exchange, foreclosure, purchase, or otherwise on terms and conditions and in a manner the board considers is in the best interest of the land bank. (c)(1) A land bank may acquire real property by purchase contracts, lease-purchase agreements, and may accept transfers from municipal corporations, counties, or consolidated governments upon such terms and conditions as agreed to by the land bank and the municipal corporation, county, or consolidated government. (2) Notwithstanding any other law to the contrary, a municipal corporation, county, or consolidated government may transfer to a land bank real property and interests in real property of the municipal corporation, county, or consolidated government on such terms and conditions and according to such procedures as determined by the municipal corporation, county, or consolidated government, so long as the real property is located within the geographical boundaries of the land bank. (3) The acquisition of property by the land bank shall not be governed or controlled by any regulations or laws relating to procurement or acquisition of property of the counties, consolidated governments, or municipal corporations that are members of the land bank unless specifically provided in the applicable intergovernmental contract or resolution, and transfers of property by municipal corporations, counties, or consolidated governments to the land bank shall be treated as transfers to a body THURSDAY, MARCH 29, 2012 4293 politic as contemplated by subparagraph (a)(2)(A) of Code Section 36-9-3. (d) A land bank shall maintain all of its real property in accordance with the laws and ordinances of the jurisdiction in which the real property is located. (e)(1) Except as otherwise provided in paragraph (2) of this subsection, a land bank shall not own or hold real property located outside the geographical boundaries of the land bank members. (2) A land bank may be granted pursuant to an intergovernmental contract with a county, consolidated government, or municipal corporation the authority to manage and maintain real property located within the geographical boundaries of such county, consolidated government, or municipal corporation, but outside the geographical boundaries of the land bank members. 48-4-109. (a) A land bank shall hold in its own name all real property acquired by the land bank without regard to the identity of the transferor of the property. (b) A land bank shall maintain and make available for public review and inspection an inventory of all real property held by the land bank. (c) A land bank may convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any and all interests in, upon, or to real property of the land bank in some form and by such method as determined by the board to be in the best interest of the land bank. (d)(1) A land bank shall determine the terms, conditions, form, and substance of consideration necessary to convey, exchange, sell, transfer, lease as lessor, grant, and mortgage as mortgagor any interests in, upon, or to real property. (2) Consideration may take the form of monetary payments and secured financial obligations, covenants, and conditions related to the present and future use of the property, contractual commitments of the transferee, and such other forms of consideration as determined by the board to be in the best interest of the land bank. (e)(1) The board shall determine and state in the land bank policies and procedures the general terms and conditions for consideration to be received by the land bank for the transfer of real property and interests in real property. (2) The disposition of property by the land bank shall not be governed or controlled by any regulations or laws of the participating land bank members unless specifically provided in the applicable intergovernmental contract. (f) Land bank members may, in the resolution or intergovernmental contract creating a land bank, establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, or, if the resolution or intergovernmental contract creating the land bank is silent, the board of directors may establish a hierarchical ranking of priorities for the use of real property conveyed by a land bank, including but not limited to: (1) Use for purely public spaces and places; (2) Use for affordable housing; (3) Use for retail, commercial, and industrial activities; 4294 JOURNAL OF THE SENATE (4) Use as conservation areas; (5) Use for land trusts or for other public entities; and (6) Such other uses and in such hierarchical order as determined by the board of directors of the land bank. (g)(1) Subject to the requirements of paragraph (5) of subsection (i) of Code Section 48-4-104, a county, municipal corporation, or consolidated government may, in the applicable intergovernmental contract or in the resolution creating a land bank, require that any particular form of disposition of real property, or any disposition of real property located within specified jurisdictions, be subject to specified voting and approval requirements of the board. (2) Except and unless restricted or constrained as provided in paragraph (1) of this subsection, the board may delegate to officers and employees the authority to enter into and execute agreements, instruments of conveyance, and all other related documents pertaining to the conveyance of real property by the land bank. 48-4-110. (a) A land bank may receive funding through grants and loans from the land bank members, from any other municipal corporations, counties, or consolidated governments in the state, from the General Assembly, from the federal government, and from other public and private sources. (b) A land bank may receive and retain payments for services rendered, for rents and leasehold payments received, for consideration for disposition of real and personal property, for proceeds of insurance coverage for losses incurred, for income from investments, and for any other asset and activity lawfully permitted to a land bank under this article. (c) Up to 75 percent of the real property taxes collected on real property, exclusive of any state or school district ad valorem tax, conveyed by a land bank pursuant to the laws of this state shall be remitted to the land bank. The specific percentage of such taxes to be remitted, as to each land bank member, shall be set forth in the local law, ordinance, or resolution or in the intergovernmental contract of the land bank. Such allocation of property tax revenues shall commence with the first taxable year following the date of conveyance and shall continue for a period of five years. Such funds shall be remitted to the land bank in accordance with the administrative procedures established by the tax commissioner or tax collector of the county or counties in which the land bank is located. Such allocation of property tax revenues shall not occur if such taxes have been previously allocated to a tax allocation district, or to secure a debt of the municipal corporation or consolidated government, unless the tax allocation district, municipal corporation, county, or consolidated government enters into an agreement with the land bank for the remittance of such funds to the land bank. (d) At the time that the land bank sells or otherwise disposes of property as part of its land bank program, the proceeds from the sale, if any, shall be allocated as determined by the land bank among the following priorities: (1) Furtherance of land bank operations; THURSDAY, MARCH 29, 2012 4295 (2) Recovery of land bank expenses; and (3) Remitter to the tax commissioner or tax collector for distribution to the appropriate taxing entity in proportion to and to the extent of their respective tax bills and costs. Any excess proceeds shall be distributed pursuant to any applicable intergovernmental contract or land bank rules, regulations, or bylaws in accordance with the public policy stated in this article. 48-4-111. (a) All meetings shall be open to the public, except as otherwise provided by Chapter 14 of Title 50, and a written record shall be maintained of all meetings. All records of a land bank shall be subject to Article 4 of Chapter 18 of Title 50, relating to open records. (b) No board member or employee of a land bank shall acquire any interest, direct or indirect, in real property owned or to be acquired by the land bank, nor shall any board member assist any third party in negotiating against the land bank for property identified by the land bank for acquisition by the land bank. No board member or employee of a land bank shall have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used by a land bank. The board may adopt supplemental rules and regulations addressing potential conflicts of interest and ethical guidelines for board members and land bank employees. (c)(1) A land bank may be dissolved as a public body corporate and politic 60 calendar days after an affirmative resolution approved by two-thirds of the membership of the board. (2) Sixty calendar days' advance written notice of consideration of a resolution of dissolution shall be given to the governing authorities of the land bank members, shall be published in a local newspaper of general circulation. (3) Upon dissolution of the land bank, all real property, personal property, and other assets of the land bank shall become the assets of the municipal corporation, county, or consolidated government in which the property is located, unless provided otherwise in any applicable intergovernmental contracts. (4) Land banks created pursuant to paragraphs (2) through (4) of subsection (b) of Code Section 48-4-103 shall not automatically dissolve upon the withdrawal of one or more land bank members unless the intergovernmental contract so provides, except that no municipal corporation may maintain the existence of a land bank if the county in which the municipal corporation is located withdraws from the land bank, and no county may maintain the existence of a land bank if the single municipal corporation that is both located within that county and is a member of the land bank withdraws from the land bank. 48-4-112. (a) Whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to one or more of the land bank members or to 4296 JOURNAL OF THE SENATE municipal corporations, counties, or consolidated governments that have an intergovernmental contract with the land bank, the land bank may, by resolution of the board, discharge and extinguish any and all such liens or claims. The decision by the board to extinguish such liens or claims is subject to the voting requirements contained in subsection (i) of Code Section 48-4-104. Unless provided otherwise in an applicable intergovernmental contract, whenever any real property is acquired by a land bank and is encumbered by a lien or claim for real property taxes owed to a school district, the land bank shall notify the school district of its intent to extinguish all such liens and claims in writing. If the school district fails to object in written form to the proposed extinguishment within 30 days of receipt of such notice to the land bank, the land bank shall have the power, by resolution of the board, to discharge and extinguish any and all such liens or claims. To the extent necessary and appropriate, the land bank shall file in appropriate public records evidence of the extinguishment and dissolution of such liens or claims. (b) To the extent that a land bank receives payments of any kind attributable to liens or claims for real property taxes owed to a municipal corporation, county, consolidated government, or school district on property acquired by the land bank, the land bank shall remit the full amount of the payments to the tax commissioner or tax collector for distribution to the appropriate taxing entity. (c)(1) A tax commissioner or tax collector may assign, transfer, or sell to a land bank any ad valorem tax executions issued against a single property or ad valorem tax executions issued against multiple tracts of property in the geographical jurisdiction of the land bank in one or more transactions and upon such terms and conditions as are mutually acceptable to the tax commissioner and the land bank. Notwithstanding the notice requirements in subsection (c) of Code Section 48-3-19, when the land bank is the holder of a tax execution, the land bank shall provide notice of the transfer of the tax execution to the land bank in the following manner: (A) Immediately upon acquisition of one or more tax executions, the land bank shall send notice of the tax execution transfer by certified mail, return receipt requested, to all interested parties whose identity and address are reasonably ascertainable. Copies of the notice of the tax execution transfer shall also be sent by first class mail to the property address to the attention of the occupants of the property, if any. In addition, notice shall be posted on the property; and (B) Within 30 days of the tax execution transfer, the land bank shall cause a notice of the tax execution transfer to be published on two separate dates in the official organ of the county in which the property is located. (2) The notice contained in subparagraphs (A) and (B) of paragraph (1) of this subsection shall specify: (A) The name of the land bank and the contact information for the individual responsible for collecting the delinquent taxes; (B) The property address; (C) A description of the property; (D) The tax identification number of the property; THURSDAY, MARCH 29, 2012 4297 (E) The applicable period of tax delinquency; and (F) The principal amount of the delinquent taxes together with interest and penalties. (3) The land bank may submit the execution to the levying officer 12 months after the date of transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. (d)(1) Notwithstanding any other provision of law, at a nonjudicial tax sale conducted pursuant to Article 1 of this chapter where the tax commissioner or tax collector or the land bank is the holder of the tax execution giving rise to the sale, a land bank may tender a bid in an amount equal to the total amount of all tax liens which were the basis of the execution and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid comprises the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties, and, if there is no other bid, the tax commissioner or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (e)(1) A land bank may tender a bid at any sale ordered by the court pursuant to Article 5 of this chapter in an amount equal to the total amount of all tax liens which were the basis of the judgment and any accrued interest, penalties, and costs. In the event of such tender by the land bank, such bid shall comprise the land bank's commitment to pay not more than all costs of the sale and its assumption of liability for all taxes, accrued interest thereon, and penalties. If there is no other bid and the property is not redeemed by the owner in accordance with subsection (c) of Code Section 48-4-81, the tax commissioner or tax collector shall accept the land bank's bid and make a deed of the property to the land bank. (2) If there are third parties who bid on a given parcel and the land bank tenders the highest bid on that parcel, the land bank shall pay the tax commissioner or tax collector the full amount of the bid tendered by the land bank in order to obtain the parcel. (3) Subject to the statutory 60 day redemption period required pursuant to subsection (c) of Code Section 48-4-81, the land bank, as purchaser at such sale, shall take and thereafter have an absolute title to the property sold, free and discharged of all tax and municipal claims, liens, mortgages, charges, and estates of whatsoever kind except for those interests referenced in subsection (b) of Code Section 48-4-79. In the event of purchase by a land bank, the conveying instrument described in subsection (g) of Code Section 48-4-81 shall note the conveyance to the land bank pursuant to this article. (4) The deed to the land bank shall be executed and delivered to the land bank within 90 days of the sale pursuant to subsection (d) of Code Section 48-4-81. 4298 JOURNAL OF THE SENATE (5) Notwithstanding any other provision of law, a land bank that is a transferee and holder of tax executions may file petitions of foreclosure pursuant to Article 5 of this chapter on real property located within a jurisdiction that has authorized the ad valorem tax foreclosure process contained in Article 5 of this chapter. In a petition of foreclosure pursuant to Article 5 of this chapter, a land bank is authorized to combine in a single petition multiple tracts of real property, and the court may order in a single final judgment that all or part of the real properties identified in the petition be sold to the land bank free and clear of all liens and encumbrances so long as the petition and accompanying affidavits provide: (A) Identification of each tract of real property; (B) The identities of all parties having an interest in each respective tract of property; (C) The amount of the tax lien due and owing; and (D) The nature of the notice of the proposed sale provided to such interested parties." SECTION 3. This Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Golden of the 8th moved that the Senate agree to the House substitute to SB 284. On the motion, a roll call was taken and the vote was as follows: Y Albers Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Hamrick Y Harbison N Heath Henson Y Hill, Jack E Hill, Judson Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams THURSDAY, MARCH 29, 2012 4299 On the motion, the yeas were 45, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 284. The following bill was taken up to consider House action thereto: SB 351. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to require the same training for all judges of courts exercising municipal court jurisdiction; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by revising Code Section 36-32-11, relating to required training for judges, as follows: "36-32-11. (a) All judges of the municipal courts, and all judges of courts exercising municipal court jurisdiction, shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter. (b) The Georgia Municipal Courts Training Council shall keep records of training completed by municipal judges and judges of courts exercising municipal court jurisdiction. (c) If any municipal judge, or any judge of a court exercising municipal court jurisdiction, does not satisfactorily complete the required training in any year, the Georgia Municipal Courts Training Council shall promptly notify the Judicial Qualifications Commission, which shall may remove the municipal judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the municipal judge. (d) The reasonable costs and expenses of such training shall be paid by the governing authority of the municipality from municipal funds jurisdiction where the judge presides. 4300 JOURNAL OF THE SENATE (e) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction." SECTION 2. Said chapter is further amended by revising Code Section 36-32-27, relating to mandatory training of municipal court judges, as follows: "36-32-27. (a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties, prior to December 31, 1991, and shall attend the first scheduled training session held within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training. (b) Except as provided in subsection (d) of this Code section, any person who becomes a judge of a court exercising municipal court jurisdiction on or after July 1, 2012, who is not subject to subsection (a) of this Code section, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a judge of a court exercising municipal court jurisdiction prior to July 1, 2012, who is not subject to subsection (a) of this Code section, shall be exempt from completing these 20 hours of training. (b)(c) Except as provided in subsection (d) of this Code section, in In order to maintain the status of a certified municipal judge or a certified judge of a court exercising municipal court jurisdiction, each person certified as such he or she shall complete 12 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as municipal judge or as judge of a court exercising municipal court jurisdiction. (d) This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Crosby of the 13th moved that the Senate agree to the House substitute to SB 351. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Hamrick Y Harbison Y Heath Y Orrock Y Paris Y Ramsey THURSDAY, MARCH 29, 2012 4301 Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Jackson, L Y James Y Jeffares Jones Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 351. The following bill was taken up to consider House action thereto: SB 427. By Senators Tolleson of the 20th, Davis of the 22nd, Rogers of the 21st, Millar of the 40th, Chance of the 16th and others: A BILL to be entitled an Act to amend Code Section 50-13-18 of the Official Code of Georgia Annotated, relating to procedure upon grant, denial, renewal, revocation, suspension, annulment, or withdrawal of licenses, so as to require agency procedures for timely processing of and status reports regarding applications for issuance or renewal of licenses; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the director of the division, the Environmental Advisory Council, appeal procedures generally, permit applications, and inspections, so as to change certain provisions relating to processing of applications for issuance or renewal of permits and variances; to provide an effective date; to repeal conflicting laws; and for other purposes. 4302 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 12-2-2 of the Official Code of Georgia Annotated, relating to the Environmental Protection Division, the director of the division, the Environmental Advisory Council, appeal procedures generally, permit applications, and inspections, is amended by revising paragraph (1) of subsection (c) as follows: "(c)(1)(A) The director shall issue all orders and shall grant, deny, revoke, or amend all permits or variances provided for in the laws to be enforced by the division. The director shall also issue any certification which is required by any law of this state or the United States to be issued by the director, the Department of Natural Resources, or the State of Georgia relating to pollution control facilities or matters. The director shall develop and implement procedures for timely processing of applications made to the division for issuance or renewal of permits or variances, including but not limited to procedures for expedited review and granting of applications upon payment of a fee in an amount established by the director to offset the cost of expediting, all subject to compliance with requirements of law regarding such applications. Such procedures shall also provide any applicant who has applied to the division for issuance or renewal of a permit or variance with the ability to securely track the status of his or her application, with real time updates, via the division's Internet website. The director shall notify all permit or variance applicants within ten days of receipt of the application as to the completeness of the application and, if the director finds the same to be incomplete, what specific additional materials the applicant need submit to make the application complete. The director shall notify applicants within ten days of receipt of a completed application as to the name and address of the person assigned to perform the review and the date, time, and location of the application review. The director shall grant or deny any permit or variance within 90 days after receipt of all required application materials by the division, provided that the director may for any application order not more than one extension of time of not more than 60 days within which to grant or deny the permit or variance. (B)(i) The director may identify professionals qualified to review certain permit applications in accordance with rules and regulations adopted by the board of the Department of Natural Resources. (ii) A permit applicant may retain a qualified professional to review an application prior to submittal to the division. If the qualified professional certifies an application as complete, the division shall act expeditiously on the application. (iii) A qualified professional certifying an application shall be independent of any professional preparing the application. (iv) The applicant shall directly pay the fees of the qualified professional. (v) The director may remove the qualified status of a professional if the professional provides a certification for an inaccurate application. (C) When any application for a permit or variance is pending before the director THURSDAY, MARCH 29, 2012 4303 and the director has not either granted or denied the permit or variance within the time specified for the director to do so, the director shall immediately refund any and all fees which were required to be submitted by the applicant as a condition of the permit application, except for fees required to be levied pursuant to federal law. Such fee refund shall not otherwise affect the application process, and the application shall be granted, denied, or otherwise handled as it otherwise would have been, except that the fee requirement shall be waived." SECTION 2. This Act shall become effective on July 1, 2013. SECTION 3. 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 427. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Hamrick Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Williams On the motion, the yeas were 46, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 427. 4304 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 352. By Senator Crosby of the 13th: A BILL to be entitled an Act to amend Chapter 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to provide for prosecuting attorneys in probate courts, municipal courts, and courts exercising municipal court jurisdiction; to provide for the process of such employment; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, so as to authorize district attorneys and solicitors-general to bring actions to enforce Code Section 40-6-163, relating to vehicles overtaking school buses; to provide for an acting solicitor-general of a state court in the event of the death or resignation of a solicitor-general; to provide for prosecuting attorneys in municipal courts, and courts exercising municipal court jurisdiction; to provide for the appointment, compensation, oath of office, duties, and authority of such prosecuting attorneys; to authorize the appointment of staff; to amend Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, so as to provide for jurisdiction in transactions in drug objects in violation of Code Section 16-13-32; to provide for disposition of fines and the transfer of cases; 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 18 of Title 15 of the Official Code of Georgia Annotated, relating to prosecuting attorneys, is amended by revising paragraph (5) of Code Section 15-18-6, relating to the duties of district attorneys, as follows: "(5) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 and to prosecute or defend any other civil action in the prosecution or defense of which the state is interested, unless otherwise specially provided for;" SECTION 2. Said chapter is further amended by revising paragraph (4) of subsection (b) of Code Section 15-18-66, relating to duties of solicitors-general of state courts, as follows: "(4) When authorized by law, To prosecute civil actions to enforce any civil penalty THURSDAY, MARCH 29, 2012 4305 set forth in Code Section 40-6-163 and when authorized by law to prosecute or defend any civil action in the state court in the prosecution or defense of which the state is interested, unless otherwise specially provided for;" SECTION 3. Said chapter is further amended by adding a new Code section to read as follows: "15-18-70.1. (a) Upon the death or resignation of a solicitor-general, the chief assistant solicitorgeneral or, if there is no chief assistant solicitor-general, the assistant solicitor-general senior in time of service shall perform the duties of the deceased or resigned solicitorgeneral until such official's successor is appointed or elected and qualified. An assistant solicitor-general performing the duties of a deceased or resigned solicitor-general shall be compensated as provided for acting solicitor-generals in subsection (b) of Code Section 15-18-70. (b) If there is no assistant solicitor-general available to perform the duties of the deceased or resigned solicitor-general as provided in subsection (a) of this Code section, the presiding judge may request the assistance of the district attorney of the judicial circuit in which such county is located or another solicitor-general of a state court to prosecute cases until a solicitor-general is appointed or elected and qualified as provided by subsection (b) of Code Section 15-18-60. Any such district attorney or solicitor-general who is acting pursuant to this subsection shall be reimbursed by the county governing authority for actual expenses incurred while assisting in the state court pursuant to this subsection." SECTION 4. Said chapter is further amended by adding a new article to read as follows: "ARTICLE 5 15-18-90. The provisions of this article shall apply to a municipality authorized by the provisions of Article 1 of Chapter 32 of Title 36 to establish and maintain a municipal court, including a municipality for which a county is furnishing municipal court services pursuant to a contract authorized by Article 9 of Chapter 10 of this title. 15-18-91. (a) Subject to the provisions of this article, the governing authority of a municipality shall be authorized to create the office of prosecuting attorney of the municipal court. A copy of the resolution or ordinance creating the office of prosecuting attorney of the municipal court shall be provided to the Prosecuting Attorneys' Council of the State of Georgia. (b) It shall be the duty of the municipal court clerk, or such other person designated by the governing authority of a municipality, to notify the Prosecuting Attorneys' Council 4306 JOURNAL OF THE SENATE of the State of Georgia of the name of any person appointed to be the prosecuting attorney of a municipal court within 30 days of such appointment. (c) Unless otherwise provided by the charter of such municipality or other local law, the prosecuting attorney of the municipal court shall serve a term of office to be determined by the governing authority of such municipality. (d) The governing authority of a municipality shall also be authorized to contract with the district attorney of the judicial circuit in which such municipality is located or the solicitor-general of the state court of the county in which such municipality is located for such officer to perform the duties of the prosecuting attorney in such municipal court. Any district attorney or solicitor-general entering into any such contract may assign such other members of his or her staff to prosecute in the municipal court. 15-18-92. (a) Any person appointed as the prosecuting attorney of a municipal court shall be a member in good standing of the State Bar of Georgia and admitted to practice before the appellate courts of this state. (b) Notwithstanding the provisions of subsection (a) of Code Section 15-18-21 or subsection (b) of 15-18-72, an assistant district attorney or assistant solicitor-general may be appointed as the prosecuting attorney of a municipal court with the prior written consent of the district attorney or solicitor-general who employs such assistant district attorney or assistant solicitor-general. Such consent may be withdrawn at any time by the employing district attorney or solicitor-general. Notice that consent for such appointment is being withdrawn shall be done in writing to the governing authority of such municipality not less than 30 days prior to the day that such assistant district attorney or assistant solicitor-general shall cease to serve as the prosecuting attorney of a municipal court. 15-18-93. In addition to the oaths prescribed by Chapter 3 of Title 45, relating to official oaths, the prosecuting attorney of a municipal court shall take and subscribe to the following oath: 'I swear (or affirm) that I will well, faithfully, and impartially and without fear, favor, or affection discharge my duties as prosecuting attorney of the (City) (Town) of (here state the municipality).' 15-18-94. (a) Unless otherwise provided by local law, the governing authority of the municipality shall determine whether the prosecuting attorney of a municipal court shall be a fulltime or part-time prosecuting attorney. (b) Any full-time prosecuting attorney of a municipal court and any full-time employees of the prosecuting attorney of a municipal court shall not engage in the private practice of law. (c) Any part-time prosecuting attorney of a municipal court and any part-time assistant prosecuting attorney of a municipal court may engage in the private practice of law, but THURSDAY, MARCH 29, 2012 4307 shall not practice in the municipal court or appear in any matter in which that prosecuting attorney has exercised jurisdiction. 15-18-95. If the prosecuting attorney of a municipal court is disqualified from engaging in the prosecution of a particular case or is unable to perform the duties of said office due to illness or incapacity, the governing authority shall provide for the appointment of a substitute prosecuting attorney. At any time in which a substitute prosecuting attorney is not available or an appointment has not been made, the city attorney of the applicable municipality may serve as the substitute prosecuting attorney until such time as a prosecuting attorney or substitute prosecuting attorney is available or appointed. 15-18-96. (a) The prosecuting attorney of a municipal court shall have the duty and authority to represent the municipality: (1) In the municipal court: (A) In the prosecution of any violation of the laws or ordinances of such municipality which is within the jurisdiction of such municipal court and punishable by confinement or a fine or both or by a civil penalty authorized by Code Section 40-6-163; and (B) In the prosecution of any violation of state laws which by general law municipal courts have been granted jurisdiction to try and dispose of such offenses, specifically including those offenses described in Chapter 32 of Title 36 and Code Section 40-13-21; (2) In the appeal of any case prosecuted in the municipal court to the superior court or the appellate courts of this state; (3) In any case in which the defendant was convicted in the municipal court and is challenging such conviction through habeas corpus; (4) To administer the oaths required by law to the bailiffs or other officers of the court and otherwise to aid the presiding judge in organizing the court as may be necessary; and (5) To perform such other duties as are or may be required by law or ordinance or which necessarily appertain to such prosecuting attorney's office. (b) The prosecuting attorney of a municipal court shall have the authority to: (1) File, amend, and prosecute any citation, accusation, summons, or other form of charging instrument authorized by law for use in the municipal court; (2) Dismiss, amend, or enter a nolle prosequi on any accusation, citation, or summons filed in the municipal court as provided by law, except that the prosecuting attorney of a municipal court shall not have the authority to dismiss or enter a nolle prosequi in any case in which the accused is charged with a violation of state law other than one which the municipal court has jurisdiction to try and dispose of such offense without the consent of the proper prosecuting officer having jurisdiction to try and dispose of such offense. As used in this paragraph, the term 'proper prosecuting officer' means, 4308 JOURNAL OF THE SENATE in the case of felonies, the district attorney and, in the case of misdemeanors, the solicitor-general in counties where there is a state court, or in counties where there is no solicitor-general, the district attorney; (3) Reduce to judgment any fine, forfeiture, or restitution imposed by the municipal court as part of a sentence in an ordinance case or forfeiture of a recognizance which is not paid in accordance with the order of the court. A prosecuting attorney of a municipal court may institute such civil action in the courts of this state or of the United States or any of the several states to enforce such judgment against the property of the defendant; and (4) Request and utilize the assistance of any other municipal prosecutor, solicitorgeneral, assistant solicitor-general, district attorney, assistant district attorney, or other attorney employed by an agency of this state or its political subdivisions or authorities in the prosecution of any criminal action. (c) The provisions of this Code section shall not be deemed to restrict, limit, or diminish any authority or power of the district attorney or any solicitor-general to represent this state in any criminal case in which the accused is charged with a felony or misdemeanor, when the municipal court is acting as a court of inquiry pursuant to Article 2 of Chapter 7 of Title 17 or setting bail for any such offense, other than one which the municipal court has, by law, jurisdiction to try and dispose of. 15-18-97. The prosecuting attorney of a municipal court shall be compensated by the municipality as provided by local law or, in the absence of such local law, as provided by the governing authority of such municipality. The prosecuting attorney of a municipal court shall be entitled to be reimbursed for actual expenses incurred in the performance of his or her official duties in the same manner and rate as other municipal employees. 15-18-98. The prosecuting attorney of a municipal court may employ such additional assistant prosecuting attorneys and other employees or independent contractors as may be provided for by local law or as may be authorized by the governing authority of the municipality. The prosecuting attorney of a municipal court shall define the duties and fix the title of any attorney or other employee of the prosecuting attorney's office. Personnel employed pursuant to this Code section shall be compensated by the municipality. 15-18-99. Any assistant prosecuting attorney or other attorney at law employed by the municipality for the purposes of prosecuting in the municipal court shall be a member in good standing of the State Bar of Georgia or satisfy the provisions of Code Section 15-18-22." THURSDAY, MARCH 29, 2012 4309 SECTION 5. Chapter 32 of Title 36 of the Official Code of Georgia Annotated, relating to municipal courts, is amended by adding a new Code section to read as follows: "36-32-6.1. (a) The municipal court of any municipality shall be granted jurisdiction to try and dispose of cases where a person is charged with transactions in drug related objects in violation of Code Section 16-13-32 if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. (b) Any fines arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. (c) Any defendant charged with transactions in drug related objects in violation of Code Section 16-13-32 in a municipal court shall be entitled, upon request, to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county where the alleged offense occurred. (d) Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter." 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 Crosby of the 13th moved that the Senate agree to the House substitute to SB 352. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate 4310 JOURNAL OF THE SENATE Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Jones Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Williams On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 352. The following bill was taken up to consider House action thereto: SB 446. By Senators Mullis of the 53rd, Chance of the 16th, Gooch of the 51st, Miller of the 49th, Murphy of the 27th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to make conforming amendments and correct cross-references relative to the foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 8, Title 25, and Title 34 of the Official Code of Georgia Annotated, relating to buildings generally, fire protection and safety, and labor and industrial relations, respectively, so as to transfer certain functions relating to elevators, dumbwaiters, escalators, manlifts, and moving walks, boilers and pressure vessels, amusement rides, carnival rides, and scaffolding and staging from the Department of Labor and Commissioner of Labor to the office of Safety Fire Commissioner and Safety Fire Commissioner; to remove bond requirements for certain personnel; to make conforming amendments and correct cross-references relative to the THURSDAY, MARCH 29, 2012 4311 foregoing; to provide for transfers of personnel, facilities, equipment, and appropriations; to provide for other related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 25 of the Official Code of Georgia Annotated, relating to fire protection and safety, is amended by adding a new chapter to read as follows: "CHAPTER 15 ARTICLE 1 25-15-1. (a) The office of Safety Fire Commissioner shall succeed to all rules, regulations, policies, procedures, and administrative orders of the Department of Labor in effect on June 30, 2012, or scheduled to go into effect on or after July 1, 2012, and which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 and shall further succeed to any rights, privileges, entitlements, obligations, and duties of the Department of Labor in effect on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. Such rules, regulations, policies, procedures, and administrative orders shall remain in effect until amended, repealed, superseded, or nullified by the office of Safety Fire Commissioner by proper authority or as otherwise provided by law. (b) Any proceedings or other matters pending before the Department of Labor or Commissioner of Labor on June 30, 2012, which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall be transferred to the office of Safety Fire Commissioner on July 1, 2012. (c) The rights, privileges, entitlements, obligations, and duties of parties to contracts, leases, agreements, and other transactions as identified by the Office of Planning and Budget entered into before July 1, 2012, by the Department of Labor which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 shall continue to exist; and none of these rights, privileges, entitlements, obligations, and duties are impaired or diminished by reason of the transfer of the functions to the office of Safety Fire Commissioner. In all such instances, the office of Safety Fire Commissioner shall be substituted for the Department of Labor, and the office of Safety Fire Commissioner shall succeed to the rights and duties under such contracts, leases, agreements, and other transactions. (d) All persons employed by the Department of Labor in capacities which relate to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8 on June 30, 2012, shall, on July 1, 2012, 4312 JOURNAL OF THE SENATE become employees of the office of Safety Fire Commissioner in similar capacities, as determined by the Commissioner of Insurance. Such employees shall be subject to the employment practices and policies of the office of Safety Fire Commissioner on and after July 1, 2012, but the compensation and benefits of such transferred employees shall not be reduced as a result of such transfer. Employees who are subject to the rules of the State Personnel Board and thereby under the State Personnel Administration and who are transferred to the office shall retain all existing rights under the State Personnel Administration. Accrued annual and sick leave possessed by the transferred employees on June 30, 2012, shall be retained by such employees as employees of the office of Safety Fire Commissioner. (e) On July 1, 2012, the office of Safety Fire Commissioner shall receive custody of the state owned real property in the custody of the Department of Labor on June 30, 2012, and which pertains to the functions transferred to the office of Safety Fire Commissioner pursuant to this chapter and Part 6 of Article 1 of Chapter 2 of Title 8. (f) The Safety Fire Commissioner shall provide a report to the House Committee on Governmental Affairs and the Senate Government Oversight Committee prior to the first day of the 2013 regular session of the Georgia General Assembly outlining the effects and results of this Code section and providing information on any problems or concerns with respect to the implementation of this Code section." SECTION 2. Title 34 of the Official Code of Georgia Annotated, relating to labor and industrial relations, is amended by revising Chapter 11, relating to regulation of boilers and pressure vessels, and redesignating it as a new article of Chapter 15 of Title 25 as follows: "CHAPTER 11 ARTICLE 2 34-11-1. 25-15-10. This chapter article shall be known and may be cited as the 'Boiler and Pressure Vessel Safety Act' and, except as otherwise provided in this chapter article, shall apply to all boilers and pressure vessels. 34-11-2. 25-15-11. As used in this chapter article, the term: (1) Reserved. (2) 'Boiler' means a closed vessel in which water or other liquid is heated, steam or vapor is generated, or steam is superheated or in which any combination of these functions is accomplished, under pressure or vacuum, for use externally to itself, by the direct application of energy from the combustion of fuels or from electricity, solar, or nuclear energy. The term 'boiler' shall include fired units for heating or vaporizing liquids other than water where these units are separate from processing systems and are complete within themselves. The term 'boiler' is further defined as follows: THURSDAY, MARCH 29, 2012 4313 (A) 'Heating boiler' means a steam or vapor boiler operating at pressures not exceeding 15 psig or a hot water boiler operating at pressures not exceeding 160 psig or temperatures not exceeding 250 degrees Fahrenheit. (B) 'High pressure, high temperature water boiler' means a water boiler operating at pressures exceeding 160 psig or temperatures exceeding 250 degrees Fahrenheit. (C) 'Power boiler' means a boiler in which steam or other vapor is generated at a pressure of more than 15 psig. (3)(2) 'Certificate of inspection' means an inspection, the report of which is used by the chief inspector to determine whether or not a certificate as provided by subsection (c) of Code Section 34-11-15 25-15-24 may be issued. (4)(3) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (5) 'Department' means the Department of Labor. (4) 'Office' means the office of Safety Fire Commissioner. (6)(5) 'Pressure vessel' means a vessel other than those vessels defined in paragraph (2)(1) of this Code section in which the pressure is obtained from an external source or by the application of heat. 34-11-3. 25-15-12. The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of boilers and pressure vessels and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article. 34-11-4. 25-15-13. (a)(1) The Department of Labor office shall formulate definitions, rules, and regulations for the safe construction, installation, inspection, maintenance, and repair of boilers and pressure vessels in this state. (2) The definitions, rules, and regulations so formulated for new construction shall be based upon and at all times follow the generally accepted nation-wide engineering standards, formulas, and practices established and pertaining to boiler and pressure vessel construction and safety; and the Department of Labor office may adopt an existing published codification thereof, known as the Boiler and Pressure Vessel Code of the American Society of Mechanical Engineers, with the amendments and interpretations thereto made and approved by the council of the society, and may likewise adopt the amendments and interpretations subsequently made and published by the same authority. When so adopted, the same shall be deemed to be incorporated into and shall constitute a part of the whole of the definitions, rules, and regulations of the Department of Labor office. Amendments and interpretations to the code so adopted shall be effective immediately upon being promulgated, to the end that the definitions, rules, and regulations shall at all times follow the generally accepted nation-wide engineering standards. (3) The Department of Labor office shall formulate the rules and regulations for the inspection, maintenance, and repair of boilers and pressure vessels which were in use 4314 JOURNAL OF THE SENATE in this state prior to the date upon which the first rules and regulations under this chapter article pertaining to existing installations become effective or during the 12 month period immediately thereafter. The rules and regulations so formulated shall be based upon and at all times follow generally accepted nation-wide engineering standards and practices and may adopt sections of the Inspection Code of the National Board of Boiler and Pressure Vessel Inspectors or API 510 of the American Petroleum Institute, as applicable. (b) The rules and regulations and any subsequent amendments thereto formulated by the Department of Labor office shall, immediately following a hearing upon not less than 20 days' notice as provided in this chapter article, be approved and published and when so promulgated shall have the force and effect of law, except that the rules applying to the construction of new boilers and pressure vessels shall not become mandatory until 12 months after their promulgation by the Department of Labor office. Notice of the hearing shall give the time and place of the hearing and shall state the matters to be considered at the hearing. Such notice shall be given to all persons directly affected by such hearing. In the event all persons directly affected are unknown, notice may be perfected by publication in a newspaper of general circulation in this state at least 20 days prior to such hearing. (c) Subsequent amendments to the rules and regulations adopted by the Department of Labor office shall be permissive immediately and shall become mandatory 12 months after their promulgation. 34-11-5. 25-15-14. No boiler or pressure vessel which does not conform to the rules and regulations of the Department of Labor office governing new construction and installation shall be installed and operated in this state after 12 months from the date upon which the first rules and regulations under this chapter article pertaining to new construction and installation shall have become effective, unless the boiler or pressure vessel is of special design or construction and is not inconsistent with the spirit and safety objectives of such rules and regulations, in which case a special installation and operating permit may at its discretion be granted by the Department of Labor office. 34-11-6. 25-15-15. (a) The maximum allowable working pressure of a boiler carrying the ASME Code symbol or of a pressure vessel carrying the ASME or API-ASME symbol shall be determined by the applicable sections of the code under which it was constructed and stamped. Subject to the concurrence of the enforcement authority at the point of installation, such a boiler or pressure vessel may be rerated in accordance with the rules of a later edition of the ASME Code and in accordance with the rules of the National Board Inspection Code or API 510, as applicable. (b) The maximum allowable working pressure of a boiler or pressure vessel which does not carry the ASME or the API-ASME Code symbol shall be computed in accordance with the Inspection Code of the National Board of Boiler and Pressure THURSDAY, MARCH 29, 2012 4315 Vessel Inspectors. (c) This chapter article shall not be construed as in any way preventing the use, sale, or reinstallation of a boiler or pressure vessel referred to in this Code section, provided it has been made to conform to the rules and regulations of the department office governing existing installations and provided, further, that it has not been found upon inspection to be in an unsafe condition. 34-11-7. 25-15-16. (a) This chapter article shall not apply to the following boilers and pressure vessels: (1) Boilers and pressure vessels under federal control or under regulations of Title 49 of the Code of Federal Regulations, Parts 192 and 193 49 C.F.R. 192 and 193; (2) Pressure vessels used for transportation and storage of compressed or liquefied gases when constructed in compliance with specifications of the United States Department of Transportation and when charged with gas or liquid, marked, maintained, and periodically requalified for use, as required by appropriate regulations of the United States Department of Transportation; (3) Pressure vessels located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight; (4) Air tanks installed on the right of way of railroads and used directly in the operation of trains; (5) Pressure vessels that do not exceed: (A) Five cubic feet in volume and 250 psig pressure; or (B) One and one-half cubic feet in volume and 600 psig pressure; or (C) An inside diameter of six inches with no limitation on pressure; (6) Pressure vessels having an internal or external working pressure not exceeding 15 psig with no limit on size; (7) Pressure vessels with a nominal water-containing capacity of 120 gallons or less for containing water under pressure, including those containing air, the compression of which serves only as a cushion; (8) Pressure vessels containing water heated by steam or any other indirect means when none of the following limitations are exceeded: (A) A heat input of 200,000 BTU per hour; (B) A water temperature of 210 degrees Fahrenheit; and (C) A nominal water-containing capacity of 120 gallons; (9) Hot water supply boilers which are directly fired with oil, gas, or electricity when none of the following limitations are exceeded: (A) Heat input of 200,000 BTU per hour; (B) Water temperature of 210 degrees Fahrenheit; and (C) Nominal water-containing capacity of 120 gallons. These exempt hot water supply boilers shall be equipped with ASME-National Board approved safety relief valves; (10) Pressure vessels in the care, custody, and control of research facilities and used solely for research purposes which require one or more details of noncode 4316 JOURNAL OF THE SENATE construction or which involve destruction or reduced life expectancy of those vessels; (11) Pressure vessels or other structures or components that are not considered to be within the scope of ASME Code, Section VIII; (12) Boilers and pressure vessels operated and maintained for the production and generation of electricity; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 34-11-10 25-15-19; (13) Boilers and pressure vessels operated and maintained as a part of a manufacturing process; provided, however, that any person, firm, partnership, or corporation operating such a boiler or pressure vessel has insurance or is self-insured and such boiler or pressure vessel is regularly inspected in accordance with the minimum requirements for safety as defined in the ASME Code by an inspector who has been issued a certificate of competency by the Commissioner in accordance with the provisions of Code Section 25-15-19; (14) Boilers and pressure vessels operated and maintained by a public utility; and (15) Autoclaves used only for the sterilization of reusable medical or dental implements in the place of business of any professional licensed by the laws of this state. (b) The following boilers and pressure vessels shall be exempt from the requirements of subsections (b), (c), and (d) of Code Section 34-11-14 25-15-23 and Code Sections 34-11-15 25-15-24 and 34-11-16 25-15-26: (1) Boilers or pressure vessels located on farms and used solely for agricultural or horticultural purposes; (2) Heating boilers or pressure vessels which are located in private residences or in apartment houses of less than six family units; (3) Any pressure vessel used as an external part of an electrical circuit breaker or transformer; (4) Pressure vessels on remote oil or gas-producing lease locations that have fewer than ten buildings intended for human occupancy per 0.25 square mile and where the closest building is at least 220 yards from any vessel; (5) Pressure vessels used for storage of liquid propane gas under the jurisdiction of the state fire marshal, except for pressure vessels used for storage of liquefied petroleum gas, 2,000 gallons or above, which have been modified or altered; and (6) Air storage tanks not exceeding 16 cubic feet (120 gallons) in size and under 250 psig pressure. 34-11-8. 25-15-17. (a) The Commissioner may appoint to be chief inspector a citizen of this state or, if not available, a citizen of another state, who shall have had at the time of such appointment not less than five years' experience in the construction, installation, inspection, THURSDAY, MARCH 29, 2012 4317 operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the same kind of examination as that prescribed under Code Section 34-11-11 25-15-20. Such chief inspector may be removed for cause after due investigation by the board and its recommendation to the Commissioner. (b) The chief inspector, if authorized by the Commissioner, is charged, directed, and empowered: (1) To take action necessary for the enforcement of the laws of the this state governing the use of boilers and pressure vessels to which this chapter article applies and of the rules and regulations of the department office; (2) To keep a complete record of the name of each owner or user and his or her location and, except for pressure vessels covered by an owner or user inspection service, the type, dimensions, maximum allowable working pressure, age, and the last recorded inspection of all boilers and pressure vessels to which the chapter this article applies; (3) To publish in print or electronically and make available to anyone requesting them copies of the rules and regulations promulgated by the department office; (4) To issue or to suspend or revoke for cause inspection certificates as provided for in Code Section 34-11-15 25-15-24; and (5) To cause the prosecution of all violators of the provisions of this chapter article. 34-11-9. 25-15-18. The Commissioner may employ deputy inspectors who shall be responsible to the chief inspector and who shall have had at the time of appointment not less than three years' experience in the construction, installation, inspection, operation, maintenance, or repair of high pressure boilers and pressure vessels as a mechanical engineer, steam operating engineer, boilermaker, or boiler inspector and who shall have passed the examination provided for in Code Section 34-11-11 25-15-20. 34-11-10. 25-15-19. (a) In addition to the deputy inspectors authorized by Code Section 34-11-9 25-15-18 the Commissioner shall, upon the request of any company licensed to insure and insuring in this state boilers and pressure vessels or upon the request of any company operating pressure vessels in this state for which the owner or user maintains a regularly established inspection service which is under the supervision of one or more technically competent individuals whose qualifications are satisfactory to the department office and causes said such pressure vessels to be regularly inspected and rated by such inspection service in accordance with applicable provisions of the rules and regulations adopted by the department office pursuant to Code Section 34-11-4 25-15-13, issue to any inspectors of said such insurance company certificates of competency as special inspectors and to any inspectors of said such company operating pressure vessels certificates of competency as owner or user inspectors, provided that each such inspector before receiving his or her certificate of competency shall satisfactorily pass 4318 JOURNAL OF THE SENATE the examination provided for by Code Section 34-11-11 25-15-20 or, in lieu of such examination, shall hold a commission or a certificate of competency as an inspector of boilers or pressure vessels for a state that has a standard of examination substantially equal to that of this state or a commission as an inspector of boilers and pressure vessels issued by the National Board of Boiler and Pressure Vessel Inspectors. A certificate of competency as an owner or user inspector shall be issued to an inspector of a company operating pressure vessels in this state only if, in addition to meeting the requirements stated in this Code section, the inspector is employed full time by the company and is responsible for making inspections of pressure vessels used or to be used by such company and which are not for resale. (b) Such special inspectors or owner or user inspectors shall receive no salary from nor shall any of their expenses be paid by the state, and the continuance of their certificates of competency shall be conditioned upon their continuing in the employ of the boiler insurance company duly authorized as aforesaid or in the employ of the company so operating pressure vessels in this state and upon their maintenance of the standards imposed by this chapter article. (c) Such special inspectors or owner or user inspectors may inspect all boilers and pressure vessels insured or all pressure vessels operated by their respective companies; and, when so inspected, the owners and users of such boilers and pressure vessels shall be exempt from the payment to the state of the inspection fees as prescribed in rules and regulations promulgated by the Commissioner. 34-11-11. 25-15-20. The examination for chief, deputy, special, or owner or user inspectors shall be in writing and shall be held by the board office or by an examining board appointed in accordance with the requirements of the National Board of Boiler and Pressure Vessel Inspectors, with at least two members present at all times during the examination. Such examination shall be confined to questions the answers to which will aid in determining the fitness and competency of the applicant for the intended service and may be those prepared by the National Board of Boiler and Pressure Vessel Inspectors. In case an applicant fails to pass the examination, he or she may appeal to the board office for another examination which shall be given by the board office or the appointed examining board after 90 days. The record of an applicant's examination shall be accessible to said the applicant and his or her employer. 34-11-12. 25-15-21. (a) An inspector's certificate of competency may be suspended by the Commissioner after due investigation and recommendation by the office for the incompetence or untrustworthiness of the holder thereof or for willful falsification of any matter or statement contained in his or her application or in a report of any inspection made by him or her. Written notice of any such suspension shall be given by the Commissioner within not more than ten days thereof to the inspector and his or her employer. A person whose certificate of competency has been suspended shall be entitled to an THURSDAY, MARCH 29, 2012 4319 appeal as provided in Code Section 34-11-19 25-15-28 and to be present in person and to be represented by counsel at the hearing of the appeal. (b) If the department office has reason to believe that an inspector is no longer qualified to hold his or her certificate of competency, the department office shall provide written notice to the inspector and his or her employer of the department office's determination and the right to an appeal as provided in Code Section 34-11-19 25-15-28. If, as a result of such hearing, the inspector has been determined to be no longer qualified to hold his or her certificate of competency, the Commissioner shall thereupon revoke such certificate of competency forthwith. (c) A person whose certificate of competency has been suspended shall be entitled to apply, after 90 days from the date of such suspension, for reinstatement of such certificate of competency. 34-11-13. 25-15-22. If a certificate of competency is lost or destroyed, a new certificate of competency shall be issued in its place without another examination. 34-11-14. 25-15-23. (a) The Commissioner, the chief inspector, or any deputy inspector shall have free access, during reasonable hours, to any premises in the this state where a boiler or pressure vessel is being constructed for use in, or is being installed in, this state for the purpose of ascertaining whether such boiler or pressure vessel is being constructed and installed in accordance with the provisions of this chapter article. (b)(1) On and after January 1, 1986, each boiler and pressure vessel used or proposed to be used within this state, except for pressure vessels covered by an owner or user inspection service as described in subsection (d) of this Code section or except for boilers or pressure vessels exempt under Code Section 34-11-7 25-15-16 (owners and users may request to waive this exemption), shall be thoroughly inspected as to their construction, installation, and condition as follows: (A) Power boilers and high pressure, high temperature water boilers shall receive a certificate inspection annually which shall be an internal inspection where construction permits; otherwise, it shall be as complete an inspection as possible. Such boilers shall also be externally inspected while under pressure, if possible; (B) Low pressure steam or vapor heating boilers shall receive a certificate inspection biennially with an internal inspection every four years where construction permits; (C) Hot water heating and hot water supply boilers shall receive a certificate inspection biennially with an internal inspection at the discretion of the inspector; (D) Pressure vessels subject to internal corrosion shall receive a certificate inspection triennially with an internal inspection at the discretion of the inspector. Pressure vessels not subject to internal corrosion shall receive a certificate of inspection at intervals set by the board office; and (E) Nuclear vessels within the scope of this chapter article shall be inspected and 4320 JOURNAL OF THE SENATE reported in such form and with such appropriate information as the board office shall designate. (2) A grace period of two months beyond the periods specified in subparagraphs (A) through (D) of this paragraph may elapse between certificate inspections. (3) The department office may provide for longer periods between certificate inspection in its rules and regulations. (4) Under the provisions of this chapter article, the department office is responsible for providing for the safety of life, limb, and property and therefore has jurisdiction over the interpretation and application of the inspection requirements as provided for in the rules and regulations which it has promulgated. The person conducting the inspection during construction and installation shall certify as to the minimum requirements for safety as defined in the ASME Code. Inspection requirements of operating equipment shall be in accordance with generally accepted practice and compatible with the actual service conditions, such as: (A) Previous experience, based on records of inspection, performance, and maintenance; (B) Location, with respect to personnel hazard; (C) Quality of inspection and operating personnel; (D) Provision for related safe operation controls; and (E) Interrelation with other operations outside the scope of this chapter article. Based upon documentation of such actual service conditions by the owner or user of the operating equipment, the board office may, in its discretion, permit variations in the inspection requirements. (c) The inspections required in this chapter article shall be made by the chief inspector, by a deputy inspector, by a special inspector, or by an owner or user inspector provided for in this chapter article. (d) Owner or user inspection of pressure vessels is permitted, provided the owner or user inspection service is regularly established and is under the supervision of one or more individuals whose qualifications are satisfactory to the board office and said owner or user causes the pressure vessels to be inspected in conformance with the National Board Inspection Code or API 510, as applicable. (e) If, at the discretion of the inspector, a hydrostatic test shall be deemed necessary, it shall be made by the owner or user of the boiler or pressure vessel. (f) All boilers, other than cast iron sectional boilers, and pressure vessels to be installed in this state after the 12 month period from the date upon which the rules and regulations of the board office shall become effective shall be inspected during construction as required by the applicable rules and regulations of the board office by an inspector authorized to inspect boilers and pressure vessels in this state or, if constructed outside of the state, by an inspector holding a commission issued by the National Board of Boiler and Pressure Vessel Inspectors. THURSDAY, MARCH 29, 2012 4321 34-11-15. 25-15-24. (a) Each company employing special inspectors shall, within 30 days following each certificate inspection made by such inspectors, file a report of such inspection with the chief inspector upon appropriate forms as promulgated by the Commissioner. The filing of reports of external inspections, other than certificate inspections, shall not be required except when such inspections disclose that the boiler or pressure vessel is in a dangerous condition. (b) Each company operating pressure vessels covered by an owner or user inspection service meeting the requirements of subsection (a) of Code Section 34-11-10 25-15-19 shall maintain in its files an inspection record which shall list, by number and such abbreviated description as may be necessary for identification, each pressure vessel covered by this chapter article, the date of the last inspection of each pressure vessel, and the approximate date for the next inspection. The inspection record shall be available for examination by the chief inspector or his the chief inspector's authorized representative during business hours. (c) If the report filed pursuant to subsection (a) of this Code section shows that a boiler or pressure vessel is found to comply with the rules and regulations of the department office, the chief inspector, or his or her duly authorized representative, shall issue to such owner or user an inspection certificate bearing the date of inspection and specifying the maximum pressure under which the boiler or pressure vessel may be operated. Such inspection certificate shall be valid for not more than 14 months from its date in the case of power boilers, 26 months in the case of heating and hot water supply boilers, and 38 months in the case of pressure vessels. In the case of those boilers and pressure vessels covered by subparagraphs (b)(1)(A) through (b)(1)(D) of Code Section 34-11-14 25-15-23 for which the department office has established or extended the operating period between required inspections pursuant to the provisions of paragraphs (3) and (4) of subsection (b) of Code Section 34-11-14 25-15-23, the certificate shall be valid for a period of not more than two months beyond the period set by the department office. Certificates for boilers shall be posted under glass, or similarly protected, in the room containing the boiler. Pressure vessel certificates shall be posted in like manner, if convenient, or filed where they will be readily accessible for examination. (d) No inspection certificate issued for an insured boiler or pressure vessel based upon a report of a special inspector shall be valid after the boiler or pressure vessel for which it was issued shall cease to be insured by a company duly authorized by this state to provide such insurance. (e) The Commissioner or his the Commissioner's authorized representative may at any time suspend an inspection certificate after showing cause that the boiler or pressure vessel for which it was issued cannot be operated without menace to the public safety or when the boiler or pressure vessel is found not to comply with the rules and regulations adopted pursuant to this chapter article. Each suspension of an inspection certificate shall continue in effect until such boiler or pressure vessel shall have been made to conform to the rules and regulations of the department office and until said such inspection certificate shall have been reinstated. 4322 JOURNAL OF THE SENATE (f) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a boiler or pressure vessel if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his or her authorized representative. 34-11-15.1. 25-15-25. (a) Boilers and pressure vessels, subject to operating certificate inspections by special, or owner, or user, inspectors, shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each boiler or pressure vessel not inspected. (b)(1) Inspection fees due on boiler and pressure vessels subject to inspection by the chief or deputy inspectors or operating certificate fees due from inspections performed by special, or owner or user, inspectors shall be paid within 60 calendar days of completion of such inspections. (2) Inspection fees or operating certificate fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. (c) The Commissioner may waive the collection of the penalties and interest assessed as provided in subsections (a) and (b) of this Code section when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department office. 34-11-16. 25-15-26. After 12 months for power boilers, 24 months for low pressure steam heating, hot water heating, and hot water supply boilers, and 36 months for pressure vessels following July 1, 1984, it It shall be unlawful for any person, firm, partnership, or corporation to operate in this state a boiler or pressure vessel, except a pressure vessel covered by owner or user inspection service as provided for in Code Section 34-11-15 25-15-24, without a valid inspection certificate. The operation of a boiler or pressure vessel without such inspection certificate or at a pressure exceeding that specified in such inspection certificate or in violation of this chapter article shall constitute a misdemeanor. 34-11-17. 25-15-27. The owner or user of a boiler or pressure vessel required by this chapter article to be inspected by the chief inspector or his a deputy inspector shall pay directly to the chief inspector, upon completion of inspection, fees as prescribed in rules and regulations promulgated by the Commissioner; provided, however, that, with respect to pressure vessel certificates of inspection, such fees shall not exceed $10.00 per annum. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor Safety Fire Commissioner. THURSDAY, MARCH 29, 2012 4323 34-11-18. The chief inspector shall furnish a bond in the sum of $5,000.00 and each of the deputy inspectors employed and paid by the state shall furnish a bond in the sum of $2,000.00 conditioned upon the faithful performance of their duties and upon a true account of moneys handled by them, respectively, and the payment thereof to the proper recipient. 34-11-19. 25-15-28. (a) Any person aggrieved by an order or an act of the Commissioner or the chief inspector under this chapter article may, within 15 days of notice thereof, request a hearing before an administrative law judge of the department office of State Administrative Hearings, as provided by Code Section 50-13-41. (b) Any person aggrieved by a decision of an administrative law judge may file an appeal pursuant to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 34-11-20. 25-15-29. No county, municipality, or other political subdivision shall have the power to make any laws, ordinances, or resolutions providing for the construction, installation, inspection, maintenance, and repair of boilers and pressure vessels within the limits of such county, municipality, or other political subdivision; and any such laws, ordinances, or resolutions heretofore made or passed shall be void and of no effect. 34-11-21. 25-15-30. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to boilers and pressure vessels and any injury or damages arising therefrom. 34-11-22. In the event any Code section, subsection, sentence, clause, or phrase of this chapter shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other Code sections, subsections, sentences, clauses, or phrases of this chapter, which shall remain of full force and effect, as if the Code section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly declares that it would have passed the remaining parts of this chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional." SECTION 3. Said title is further amended by revising Chapter 12, relating to amusement ride safety, and redesignating it as a new article of Chapter 15 of Title 25 to read as follows: 4324 JOURNAL OF THE SENATE "CHAPTER 12 ARTICLE 3 34-12-1. 25-15-50. This chapter article shall be known and may be cited as the 'Amusement Ride Safety Act.' 34-12-2. 25-15-51. As used in this chapter article, the term: (1) Reserved. (2)(1) 'Amusement ride' means any mechanical device, other than those regulated by the Consumer Products Safety Commission, which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is not permanently fixed to a site. (3)(2) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or his or her representative. (3.1)(3) 'Certificate fee' means the fee charged by the department office for a certificate to operate an amusement ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that an amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations. (7)(6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department office to possess the requisite training and experience to perform competently the inspections required by this chapter article and who is licensed by the department office to perform inspections of amusement rides. (8)(7) 'Operator' means a person or persons actually engaged in or directly controlling the operation of an amusement ride. (8) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns an amusement ride or, in the event that the amusement ride is leased, the lessee. (10) 'Permit' means a permit to operate an amusement ride issued to an owner by the department office. (11) 'Permit fee' means the fee charged by the department office for a permit to operate an amusement ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department office. THURSDAY, MARCH 29, 2012 4325 34-12-3. 25-15-52. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the amusement ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article. 34-12-4. Reserved. 34-12-5. 25-15-53. (a) The department office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all amusement rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' It is recognized that risks presented to the general public by amusement rides which are frequently assembled and disassembled are different from those presented by amusement rides which are not frequently assembled and disassembled. Accordingly, the department office is authorized to formulate different standards and regulations with regard to such differing classes of amusement rides. (b) The department office shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect amusement rides; (3) Issue permits upon compliance with this chapter article and such standards and regulations adopted pursuant to this chapter article; and (4) Establish a fee schedule for the issuance of permits for amusement rides. 34-12-6. 25-15-54. The department office may license such private inspectors as may be necessary to carry out the provisions of this chapter article. 34-12-7. 25-15-55. (a) No amusement ride shall be operated, except for purposes of testing and inspection, until a permit for its operation has been issued by the department office. The owner of an amusement ride shall apply for a permit to the department office on a form furnished by the department office providing such information as the department office may require. (b) No such application shall be complete without including a certificate of inspection from a licensed inspector that the amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. The cost of obtaining the certificate of inspection from a licensed inspector shall be borne by the owner or operator. 4326 JOURNAL OF THE SENATE 34-12-8. 25-15-56. (a) All amusement rides shall be inspected annually, and may be inspected more frequently, by a licensed inspector at the owner's or operator's expense. If the amusement ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new amusement rides shall be inspected before commencing public operation. (b) Amusement rides and attractions may be required to be inspected by an authorized person each time they are assembled or disassembled in accordance with regulations and standards established under this chapter article. 34-12-9. 25-15-57. The department office may waive the requirement of subsection (a) of Code Section 3412-8 25-15-56 if the owner of an amusement ride gives satisfactory proof to the department office that the amusement ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such an amusement ride are at least as stringent as those adopted pursuant to this chapter article. 34-12-10. 25-15-58. The department office shall issue a permit to operate an amusement ride to the owner thereof upon successful completion of a safety inspection of the amusement ride conducted by a licensed inspector and upon receiving an application for permit with a certificate of insurance. The permit shall be valid for the calendar year in which issued. 34-12-11. 25-15-59. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each amusement ride in accordance with such standards and regulations as are adopted pursuant to this chapter article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-12-12. 25-15-60. No person shall be permitted to operate an amusement ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that an amusement ride is in operation and shall operate no more than one amusement ride at any given time. 34-12-13. 25-15-61. The owner of the amusement ride shall report to the department office any accident resulting in a fatality or an injury requiring immediate inpatient overnight hospitalization incurred during the operation of any amusement ride. The report shall THURSDAY, MARCH 29, 2012 4327 be in writing, shall describe the nature of the occurrence and injury, and shall be mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department office in person or by phone in accordance with regulations adopted by the department office. 34-12-14. 25-15-62. (a) No person shall operate an amusement ride unless at the time there is in existence: (1) A policy of insurance in an appropriate amount determined by regulation insuring the owner and operator (if an independent contractor) against liability for injury to persons arising out of the operation of the amusement ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department office. (b) Regulations under this chapter article shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department office. 34-12-15. 25-15-63. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter article, or if any person is aggrieved by any order issued by the department office, the person may make a written application to the department office stating his or her grounds and applying for a variance. The department office may grant such a variance in the spirit of the provisions of this chapter article with due regard to the public safety. The granting or denial of a variance by the department office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department office and such record shall be open to inspection by the public. 34-12-16. 25-15-64. This chapter article shall not apply to any single-passenger coin operated amusement ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. 34-12-17. 25-15-65. This chapter article shall not be construed so as to prevent the use of any existing amusement ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter article. Owners of amusement rides in operation on or before the effective date of this chapter article shall comply with the provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article within six months after the adoption of said such standards and regulations. 4328 JOURNAL OF THE SENATE 34-12-18. 25-15-66. (a) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of an amusement ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operation of an amusement ride after the issuing of a temporary cessation, the Commissioner or his the Commissoner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter article. (c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter article and the rules and regulations promulgated under this chapter article. The imposition of a penalty for a violation of this chapter article or the rules and regulations promulgated under this chapter article shall not excuse the violation or permit it to continue. 34-12-19. 25-15-67. The owner or operator of an amusement ride may deny entry to a person to an amusement ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will shall permit an owner or operator to deny an inspector access to an amusement ride when such inspector is acting within the scope of his or her duties under this chapter article. 34-12-20. 25-15-68. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office, or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to amusement rides and any injury or damages arising therefrom. 34-12-21. 25-15-69. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of amusement rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, THURSDAY, MARCH 29, 2012 4329 resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to amusement rides or their time of operation or noise levels generated. Nothing in this chapter article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48." SECTION 4. Said title is further amended by revising Chapter 13, relating to carnival ride safety, and redesignating it as a new article of Chapter 15 of Title 25, as follows: "CHAPTER 13 ARTICLE 4 34-13-1. 25-15-80. This chapter article shall be known and may be cited as the 'Carnival Ride Safety Act.' 34-13-2. 25-15-81. As used in this chapter article, the term: (1) Reserved. (2)(1) 'Authorized person' means a competent person experienced and instructed in the work to be performed who has been given the responsibility to perform his or her duty by the owner or the owner's representative. (3)(2) 'Carnival ride' means any mechanical device, other than amusement rides regulated under Chapter 12 Article 3 of this title chapter, known as the 'Amusement Ride Safety Act,' which carries or conveys passengers along, around, or over a fixed or restricted route or course or within a defined area for the purpose of giving its passengers amusement, pleasure, thrills, or excitement. Such term shall not include any such device which is permanently fixed to a site. (3.1)(3) 'Certificate fee' means the fee charged by the department office for a certificate to operate a carnival ride. (4) 'Certificate of inspection' means a certificate issued by a licensed inspector that a carnival ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant thereto. (5) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (6) 'Department' means the Department of Labor, which is designated to enforce the provisions of this chapter and to formulate and enforce standards and regulations. (7)(6) 'Licensed inspector' means a registered professional engineer or any other person who is found by the department office to possess the requisite training and experience to perform competently the inspections required by this chapter article and who is licensed by the department office to perform inspections of carnival rides. (7) 'Office' means the office of Safety Fire Commissioner, which is designated to enforce the provisions of this article and to formulate and enforce standards and regulations. 4330 JOURNAL OF THE SENATE (8) 'Operator' means a person or persons actually engaged in or directly controlling the operation of a carnival ride. (9) 'Owner' means a person, including the state or any of its subdivisions, who owns a carnival ride or, in the event that the carnival ride is leased, the lessee. (10) 'Permit' means a permit to operate a carnival ride issued to an owner by the department office. (11) 'Permit fee' means the fee charged by the department office for a permit to operate a carnival ride. (12) 'Standards and regulations' means those standards and regulations formulated and enforced by the department office. 34-13-3. 25-15-82. The Commissioner shall be authorized to consult with persons knowledgeable in the area of the carnival ride industry and to create committees composed of such consultants to assist the Commissioner in carrying out his or her duties under this chapter article. 34-13-4. Reserved. 34-13-5. 25-15-83. (a) The department office shall formulate standards and regulations, or changes to such standards and regulations, for the safe assembly, disassembly, repair, maintenance, use, operation, and inspection of all carnival rides. The standards and regulations shall be reasonable and based upon generally accepted engineering standards, formulas, and practices pertinent to the industry. Formulation and promulgation of such standards and regulations shall be subject to Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' No rule, regulation, or standard promulgated or adopted pursuant to this chapter article shall become effective prior to January 1, 1987. (b) The department office shall: (1) Enforce all standards and regulations; (2) License inspectors for authorization to inspect carnival rides; and (3) Issue permits upon compliance with this chapter article and such standards and regulations adopted pursuant to this chapter article. (c) The owner or operator of a carnival ride required to be inspected shall pay fees as prescribed in rules and regulations promulgated by the Commissioner. The chief inspector shall transfer all fees so received to the general fund of the state treasury. All funds so deposited in the state treasury are authorized to be appropriated by the General Assembly to the Commissioner of Labor Safety Fire Commissioner. 34-13-6. 25-15-84. The department office may license such private inspectors as may be necessary to carry out the provisions of this chapter article. THURSDAY, MARCH 29, 2012 4331 34-13-7. 25-15-85. No carnival ride shall be operated in any calendar year, except for purposes of testing and inspection, until a permit for its operation has been issued by the department office. The owner of a carnival ride shall apply for a permit to the department office on a form furnished by the department office, providing such information as the department office may require. 34-13-8. 25-15-86. All carnival rides and attractions shall be inspected annually and may be inspected more frequently by the Office of Safety Engineering of the department a licensed inspector at the owner's or operator's expense. If the carnival ride meets all relevant provisions of this chapter article and the standards and regulations adopted pursuant to this chapter article, the licensed inspector shall provide to the owner or operator a certificate of inspection. All new carnival rides shall be inspected before commencing public operation. 34-13-9. 25-15-87. The department office may waive the requirement of Code Section 34-13-8 25-15-86 if the owner of a carnival ride gives satisfactory proof to the department office that the carnival ride has passed an inspection conducted by a federal agency or by another state whose standards and regulations for the inspection of such a carnival ride are at least as stringent as those adopted pursuant to this chapter article. 34-13-10. 25-15-88. The department office shall issue a permit to operate a carnival ride to the owner thereof upon successful completion of a safety inspection by a licensed inspector, upon completion by the owner of the application for a permit, and upon presentation of a certificate of inspection or waiver thereof by the department office. The permit shall be valid for the calendar year in which issued. 34-13-11. 25-15-89. The owner shall maintain up-to-date maintenance, inspection, and repair records between inspection periods for each carnival ride in accordance with such standards and regulations as are adopted pursuant to this chapter article. Such records shall contain a copy of all inspection reports commencing with the last annual inspection, a description of all maintenance performed, and a description of any mechanical or structural failures or operational breakdowns and the types of actions taken to rectify these conditions. 34-13-12. 25-15-90. (a) No person shall be permitted to operate a carnival ride unless he or she is at least 16 years of age. An operator shall be in attendance at all times that a carnival ride is in operation and shall operate no more than one carnival ride at any given time. (b) No carnival ride shall be operated at standards below those recommended by the 4332 JOURNAL OF THE SENATE manufacturer of such carnival ride or below the standards adopted or variants approved by the department office, whichever is greater. 34-13-13. 25-15-91. The owner of the carnival ride shall report to the department office any accident incurred during the operation of any carnival ride resulting in a fatality or an injury requiring medical attention from a licensed medical facility. The report shall be in writing, shall describe the nature of the occurrence and injury, and shall be delivered in person or mailed by first-class mail no later than the close of the next business day following the accident. Accidents resulting in a fatality shall also be reported immediately to the department office in person or by phone in accordance with regulations adopted by the department office. 34-13-14. 25-15-92. (a) No person shall operate a carnival ride unless at the time there is in existence: (1) A policy of insurance in an amount not less than $1 million (if an independent contractor) against liability for injury to persons arising out of the operation of the carnival ride; (2) A bond in a like amount; provided, however, that the aggregate liability of the surety under such bond shall not exceed the face amount thereof; or (3) Cash or other security acceptable to the department office. (b) Regulations under this chapter article shall permit appropriate deductibles or selfinsured retention amounts to such policies of insurance. The policy or bond shall be procured from one or more insurers or sureties acceptable to the department office. 34-13-15. 25-15-93. If any person would incur practical difficulties or unnecessary hardships in complying with the standards and regulations adopted pursuant to this chapter article, or if any person is aggrieved by any order issued by the department office, the person may make a written application to the department office stating his or her grounds and applying for a variance. The department office may grant such a variance in the spirit of the provisions of this chapter article with due regard to the public safety. The granting or denial of a variance by the department office shall be in writing and shall describe the conditions under which the variance is granted or the reasons for denial. A record shall be kept of all variances granted by the department office and such record shall be open to inspection by the public. 34-13-16. 25-15-94. This chapter article shall not apply to any single-passenger coin operated carnival ride on a stationary foundation or to playground equipment such as swings, seesaws, slides, jungle gyms, rider propelled merry-go-rounds, moonwalks, and live rides. THURSDAY, MARCH 29, 2012 4333 34-13-17. 25-15-95. This chapter article shall not be construed so as to prevent the use of any existing carnival ride found to be in a safe condition and to be in conformance with the standards and regulations adopted pursuant to this chapter article. Owners of carnival rides in operation on or before March 26, 1986, shall comply with the provisions of this chapter and the standards and regulations adopted pursuant to this chapter within six months after the adoption of said standards and regulations. 34-13-18. 25-15-96. (a) The Commissioner or his the Commissioner's authorized representative may issue a written order for the temporary cessation of operation of a carnival ride if it has been determined after inspection to be hazardous or unsafe. Operations shall not resume until such conditions are corrected to the satisfaction of the Commissioner or his the Commissioner's authorized representative. (b) In the event that an owner or operator knowingly allows the operations of a carnival ride after the issuing of a temporary cessation, the Commissioner or his the Commissioner's authorized representative may initiate in the superior court any action for an injunction or writ of mandamus upon the petition of the district attorney or Attorney General. An injunction, without bond, may be granted by the superior court to the Commissioner for the purpose of enforcing this chapter article. (c)(1) Any person, firm, partnership, or corporation violating the provisions of this chapter article shall be guilty of a misdemeanor. Each day of violation shall constitute a separate offense. (2) In addition to the penalty provisions in paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this chapter article and the rules and regulations promulgated under this chapter article. The imposition of a penalty for a violation of this chapter article or the rules and regulations promulgated under this chapter article shall not excuse the violation or permit it to continue. 34-13-19. 25-15-97. The owner or operator of a carnival ride may deny entry to a person to a carnival ride if in the owner's or operator's opinion the entry may jeopardize the safety of such person or the safety of any other person. Nothing in this Code section will shall permit an owner or operator to deny an inspector access to a carnival ride when such inspector is acting within the scope of his or her duties under this chapter article. 34-13-20. 25-15-98. (a) The owner or operator of a carnival ride shall post a clearly visible sign at the location of each ride and at the location of tickets sales for each ride which states any age, weight, or height requirements of the ride which are necessary as a safeguard against injury. 4334 JOURNAL OF THE SENATE (b) It shall be unlawful for any owner or operator to permit entry to a carnival ride to any person who does not meet the posted age, size, and weight requirements for such ride. 34-13-21. 25-15-99. The owner of any itinerant carnival ride which is located within the this state must shall continuously maintain in this state a registered agent of record, which agent who may be an individual who resides in the state and whose business address is identical with the address of the owner's required office. 34-13-22. 25-15-100. Neither this chapter article nor any provision of this chapter article shall be construed to place any liability on the State of Georgia, the department office , or the Commissioner with respect to any claim by any person, firm, or corporation relating in any way whatsoever to carnival rides and any injury or damages arising therefrom. 34-13-23. 25-15-101. No county, municipality, or other political subdivision shall have the power to pass ordinances, resolutions, or other requirements regulating the construction, installation, inspection, maintenance, repair, or operation of carnival rides within the limits of such county, municipality, or other political subdivision. Any such ordinances, resolutions, or other requirements heretofore passed shall be void and of no effect; provided, however, that the provisions of this Code section shall not apply to local zoning ordinances or ordinances regulating location, siting requirements, or other development standards or conditions relative to carnival rides or their time of operation or noise levels generated. Nothing in this chapter article preempts the imposition of regulatory fees or occupation taxes imposed by counties and municipalities pursuant to Chapter 13 of Title 48." SECTION 5. Said title is further amended by reserving the Chapter 11, Chapter 12, and Chapter 13 designations. SECTION 6. Said title is further amended by revising Code section 34-1-1, relating to requirements for scaffolding and staging design and inspection by the Commissioner, and redesignating it as a part of a new article of Chapter 15 of Title 25, as follows: "ARTICLE 5 "34-1-1. 25-15-110. (a)(1) All scaffolding or staging that is swung or suspended from an overhead support or erected with stationary supports, which scaffolding or staging and is suspended or THURSDAY, MARCH 29, 2012 4335 rises 30 feet or more above the ground, shall have a safety rail properly attached, bolted, braced, and otherwise secured; and the, which safety rail shall rise at least 34 inches above the floor or main portions of such scaffolding or staging and extend for the full length of such staging and along the ends thereof with only such openings as may be necessary for the delivery of materials being used on such scaffold or staging. Such scaffolding or staging shall also be so fastened as to prevent it from swaying from the building or structure. However, this paragraph shall not apply to any scaffolding or staging which is wholly within the interior of a building or other structure and which covers the entire floor space therein. (2) It shall be unlawful for any person to employ or direct others to perform labor of any kind in the erecting, demolishing, repairing, altering, cleaning, or painting of a building or other structure without first having furnished proper protection to such person so employed or directed, as provided in paragraph (1) of this subsection. (b) All scaffolding or staging shall be so constructed that it will bear at least four times the weight required to be hanging therefrom or placed thereon when in use. (c)(1) The Commissioner of Labor Safety Fire Commissioner, upon receipt of any complaint, shall make or cause to be made an immediate inspection of the scaffold, or mechanical device connected therewith, concerning which complaint has been made. (2) The Commissioner shall attach to every scaffold, staging, mechanism, or mechanical device inspected by him or her a certificate bearing his the Commissioner's name and the date of inspection, on which and the certificate he shall plainly state whether he or she has found the scaffolding, staging, or mechanical device 'safe' or 'unsafe.' (3) If the Commissioner of Labor Commissioner finds any scaffolding, staging, or mechanical device complained of to be unsafe, he the Commissioner shall at once notify in writing the person responsible for the erection and maintenance of the scaffolding, staging, or mechanical device that he the Commissioner has found it to be unsafe. Such notice may be served personally upon the person responsible under the law or may be perfected by affixing such notice in a conspicuous place on the scaffold, staging, or mechanical device found unsafe. The manner of service shall be within the discretion of the Commissioner of Labor Commissioner. The Commissioner shall then prohibit the use of such scaffolding, staging, or mechanical device by any person until all danger has been removed or until it has been made to comply with the terms of this Code section by alteration, reconstruction, demolition, or replacement, as the Commissioner may direct. (d) Any person who willfully, knowingly, and persistently continues the use of a scaffold, staging, or other mechanical device in violation of any provision of this Code section shall be guilty of a misdemeanor." SECTION 7. Said title is further amended by reserving the Code Section 34-1-1 designation. 4336 JOURNAL OF THE SENATE SECTION 8. Article 1 of Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to buildings generally, is amended by revising Part 6, relating to elevators, dumbwaiters, escalators, manlifts and moving walks, as follows: "Part 6 8-2-100. As used in this part, the term: (1) 'Alteration' means any change or addition to the equipment other than ordinary repairs or replacements. (2) 'Commissioner' means the Commissioner of Labor Safety Fire Commissioner. (3) 'Department' means the Department of Labor. (4)(3) 'Dumbwaiter' means a hoisting and lowering mechanism which is equipped with a car which moves in guides in a substantially vertical direction, the floor area of which does not exceed nine square feet, the total inside height of which, whether or not provided with fixed or removable shelves, does not exceed four feet, the capacity of which does not exceed 500 pounds, and the use of which is exclusively for carrying materials. Such term includes a power dumbwaiter and a hand dumbwaiter. (5)(4)(A) 'Elevator' means a hoisting and lowering mechanism designed to carry passengers or authorized personnel and equipped with a car which moves in fixed guides and serves two or more fixed landings. (B) Except as specifically provided in subsection (a) of Code Section 8-2-102, 'elevator' also means a freight elevator, gravity elevator, hand elevator, inclined elevator, multideck elevator, observation elevator, passenger elevator, power elevator, electric elevator, hydraulic elevator, direct-plunger hydraulic elevator, electrohydraulic elevator, maintained pressure hydraulic elevator, roped-hydraulic elevator, private residence elevator, and sidewalk elevator. (6)(5) 'Enforcement authority' means the Commissioner, officers, and inspectors of the department office authorized to enforce the provisions of this part and local inspectors authorized to enforce the provisions of this part. (7)(6) 'Escalator' means a power driven, inclined, continuous stairway used for raising or lowering passengers. (8)(7) 'Hand dumbwaiter' means a dumbwaiter driven by manual power, serving more than two consecutive stories, whose capacity exceeds 20 pounds and whose car platform area exceeds two square feet. (9)(8) 'Hand elevator' means an elevator utilizing manual power to move the car. (10)(9) 'Hoistway' means a shaftway or an opening through a building or structure for the travel of elevators, dumbwaiters, or material lifts, extending from the pit floor to the roof or floor above. (11)(10) 'Manlift' means a device consisting of a power driven endless belt moving in one direction only which is provided with steps or platforms and handholds attached to it for the transportation of personnel from floor to floor. THURSDAY, MARCH 29, 2012 4337 (12)(11) 'Moving walk' means a type of passenger-carrying device on which passengers stand or walk and in which the passenger-carrying surface remains parallel to its direction of motion and is uninterrupted. (12) 'Office' means the office of Safety Fire Commissioner. (13) 'Power dumbwaiter' means a dumbwaiter driven by the application of energy other than hand or gravity. (14) 'Power freight elevator' means an elevator used primarily for carrying freight, utilizing energy other than gravity or hand to move the car and on which only the operator and the persons necessary for unloading and loading the freight are permitted to ride. (15) 'Power passenger elevator' means an elevator used primarily to carry persons other than the operator and persons necessary for loading and unloading and utilizing energy other than gravity or hand to move the car. 8-2-101. (a) Prior to January 1, 1986, the owner or lessee of every existing elevator, escalator, manlift, moving walk, and dumbwaiter shall register with the department or local enforcement authority each such elevator, escalator, manlift, moving walk, or dumbwaiter owned or operated by him, giving type, rated load and speed, name of manufacturer, its location and the purpose for which it is used, and such other information as the department or local enforcement authority may require. Such registration shall be made on a form to be furnished by the department or local enforcement authority on request. All elevators, escalators, manlifts, moving walks, and dumbwaiters erected or placed in service after January 1, 1986, shall be inspected before being placed in service and shall be registered within 15 days after they are completed and placed in service. (b) Every elevator, dumbwaiter, manlift, moving walk, and escalator shall be maintained by the owner or lessee in a safe operating condition and in conformity with the rules and regulations specified by subsection (b) of Code Section 8-2-104. (c) Before any alteration can be made to any elevator, escalator, manlift, moving walk, or dumbwaiter already placed in service, the owner or lessee shall be required to notify the enforcement authority of any such alteration. The enforcement authority shall be authorized to conduct an inspection after any such alteration. 8-2-102. (a)(1) Power passenger elevators, power freight elevators, escalators, manlifts, and moving walks shall be inspected once during each six-month period. (2) Hand elevators and power and hand dumbwaiters shall be inspected once during each 12 month period. (b) Inspections and installations shall be made in accordance with the standards set forth in Part 'X' of ANSI A17.1-1984, the American National Standard Practice for Inspection of Elevators, Escalators and Moving Walks Inspector's Manual ANSI A17.2, the Safety Standards for Manlifts ANSI A90.1-1976, the Safety Standard for Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for 4338 JOURNAL OF THE SENATE Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and regulations adopted by the Commissioner. Any inspections performed under these codes shall cover the hoistway, associated equipment rooms, and access thereto, and shall include lobby smoke detectors. (c) A report of any inspection required by this Code section shall be filed with the department office if the inspection is made by a state enforcement authority or with the local governing authority if the inspection is made by a local enforcement authority. Copies of the reports for new installations shall also be filed with the state fire marshal for his or her information. Such reports shall be made within ten days after the inspection has been completed, on forms prescribed by the Commissioner or the local enforcement authority, and shall indicate whether the elevator, escalator, manlift, moving walk, or dumbwaiter is safe and whether it meets the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104. After any such report is filed, the enforcement authority may require additional inspections to assure that any such elevator, escalator, manlift, moving walk, or dumbwaiter meets such rules and regulations. (d) If any inspection report indicates that an elevator, escalator, manlift, moving walk, or dumbwaiter is in an unsafe condition which if continually operated may endanger lives or property, then the enforcement authority may, at its discretion, require the owner or lessee to discontinue the use thereof until it has been made safe and in conformity with the rules and regulations specified in subsection (b) of Code Section 82-104. (e) Elevator contractors who perform installations, alterations, repairs, or modifications on elevators, escalators, power freight elevators, moving walks, manlifts, or dumbwaiters, including the hoistways and machine rooms, shall be exempt from the requirements of Code Section Sections 43-14-8 and Code Section 43-14-8.1. (f) Private residence elevators shall be exempt from mandatory periodic inspections but shall be required to have an initial construction inspection as provided in the rules and regulations of the Commissioner. At the request of the owner or user of a private residence elevator, an inspection may be performed by the department office and an inspection report issued. The department office shall charge the person requesting the report a fee as set by the Commissioner to cover actual expenses of the inspection. 8-2-103. (a) An operating report shall be issued by the enforcement authority if the inspection report indicates that the elevator, escalator, manlift, moving walk, or dumbwaiter complies with the applicable rules and regulations prescribed pursuant to subsection (b) of Code Section 8-2-104 and upon payment of a permit fee. Such permits shall be valid for a period of 12 months. (b) No elevator, escalator, manlift, moving walk, or dumbwaiter shall be operated by the owner or lessee thereof unless a valid operating permit, or a limited operating permit when permitted by the rules and regulations of the Commissioner, has been issued. THURSDAY, MARCH 29, 2012 4339 (c) The operating permit shall indicate whether it is issued for an elevator, escalator, manlift, moving walk, or dumbwaiter, state the rated load and speed and, in the case of an elevator, state whether the usage is for passengers or freight. The operating permit shall be posted either conspicuously in the car of an elevator or on the premises. The operating permit for an escalator, manlift, moving walk, or a dumbwaiter shall be posted on the premises. (d) If the enforcement authority has reason to believe that any owner or lessee to whom an operating permit has been issued is not complying with the applicable rules and regulations specified in subsection (b) of Code Section 8-2-104, it shall so notify such owner or lessee and shall give notice of a date for a hearing thereon to such owner or lessee. If, after such hearing, it shall find that such owner or lessee is not complying with such rules and regulations, it shall revoke such permit and require the owner or lessee to discontinue the use of such elevator, escalator, manlift, moving walk, or power dumbwaiter. 8-2-104. (a) The Commissioner shall be authorized to employ inspectors to carry out the provisions of this part. The Commissioner shall also be authorized to certify other qualified persons to carry out the provisions of this part, including technically competent individuals of any company licensed to insure and insuring elevators in this state and technically competent individuals of a regularly established elevator inspection service. The Commissioner shall prescribe the qualifications, authority, functions, and duties of such inspectors. (b)(1)(A) The Commissioner shall by rules and regulations prescribe various inspection fees and operating permit fees necessary to enable the state and local enforcement authorities to carry out the provisions of this part. (B) The owners and users of elevators, dumbwaiters, escalators, manlifts, and moving walks which are inspected by certified inspectors in private business or with private corporations shall be exempt from the payment to the state or local enforcement authorities of the inspection fees provided in subparagraph (A) of this paragraph. (2) Elevators, dumbwaiters, escalators, manlifts, and moving walks subject to operating permit inspections by private inspectors shall be inspected within 60 calendar days following the required reinspection date. Inspections not performed within this 60 calendar day period shall result in a civil penalty of $500.00 for each elevator, dumbwaiter, escalator, manlift, or moving walk not inspected. (3) Inspection fees due on elevators, dumbwaiters, escalators, manlifts, and moving walks subject to inspection by the chief or deputy inspectors or operating permit fees due from inspections performed by private inspectors shall be paid within 60 calendar days of completion of such inspections. Inspection fees or operating fees unpaid within 60 calendar days shall bear interest at the rate of 1.5 percent per month or any fraction of a month. Interest shall continue to accrue until all amounts due, including interest, are received by the Commissioner. 4340 JOURNAL OF THE SENATE (4) The Commissioner may waive the collection of the penalties and interest assessed in paragraphs (2) and (3) of this subsection when it is reasonably determined that the delays in inspection or payment were unavoidable or due to the action or inaction of the department office. (c) The American National Standard Safety Code for elevators, dumbwaiters, escalators, and moving walks ANSI A17.1-1984 and the Safety Standards for Manlifts ANSI A90.1-1976 are adopted as rules and regulations of the Department of Labor office for the purposes of this part until otherwise amended by rules and regulations of the Commissioner. (d) In addition to the rules and regulations adopted pursuant to subsections (b) and (c) of this Code section, the Commissioner shall be authorized to adopt such rules and regulations as may be reasonably necessary to carry out the provisions of this part. (e) The Commissioner shall also have the power in any particular case to grant exceptions and variations from the literal requirements of the rules and regulations adopted pursuant to subsection (c) of this Code section. Such exceptions and variations shall be granted only in any particular case where it is clearly evident that they are necessary to prevent undue hardship or where the existing conditions prevent compliance with the literal requirements of the rules and regulations. In no case shall any exception or variation be granted unless, in the opinion of the Commissioner, reasonable safety will be secured thereby. 8-2-105. (a) The governing body of any municipality or county which adopts at least the minimum rules and regulations relative to inspections and safety standards for elevators, escalators, manlifts, moving walks, and dumbwaiters as provided in subsection (b) of Code Section 8-2-102 and subsection (c) of Code Section 8-2-104 shall have the power: (1) To adopt by ordinance or resolution any reasonable provisions for the enforcement of such local standards adopted applicable to elevators, escalators, manlifts, moving walks, and dumbwaiters, including procedural requirements, provisions for hearings, provisions for appeals from decisions of local inspectors, and any other provisions or procedures necessary to the proper administration and enforcement of the requirements of such local standards; (2) To provide for inspection of buildings or similar structures to ensure compliance with the local standards; (3) To employ inspectors, including chief and deputy inspectors, and any other personnel necessary for the proper enforcement of such standards, provided that such inspectors meet the minimum qualifications of state inspectors and are certified by the Commissioner pursuant to subsection (a) of Code Section 8-2-104; (4) To contract with other municipalities or counties adopting at least state minimum standards, or with the state, to administer such standards and to provide inspection and enforcement personnel and services necessary to ensure compliance with the standards; and THURSDAY, MARCH 29, 2012 4341 (5) To contract with any other county or municipality whereby the parties agree that the inspectors of each contracting party may have jurisdiction to enforce the local standards within the boundaries of the other contracting party. (b) When a local enforcement authority conducts an inspection or issues an operating permit as provided in this part, any inspection fee or operating permit fee due shall be paid to the municipality or county employing the enforcement authority. 8-2-106. (a) The owner or lessee shall report, by telephone, to the enforcement authority on the same day or by noon on the next work day, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving personal injury or death. The owner or lessee shall also provide a written report of this accident within seven days. (b) The owner or lessee shall report, in writing, to the enforcement authority within seven days, excluding state holidays and weekends, all elevator, escalator, manlift, moving walk, or power dumbwaiter related accidents involving structural damage to the elevator, escalator, manlift, moving walk, or power dumbwaiter. (c) Any elevator, escalator, manlift, moving walk, or power dumbwaiter involved in an accident described in subsection (a) or (b) of this Code section shall be removed from service at the time of the accident. The equipment shall not be repaired, altered, or placed back in service until inspected by a certified inspector for the enforcement authority. 8-2-107. (a) The installation, alteration, maintenance, and operation of the facilities and equipment regulated by or pursuant to the provisions of this part affect the public interest, and such regulation is necessary for the protection of the public health, safety, and welfare. Therefore, violations of this part or of rules and regulations adopted by or pursuant to this part are a public nuisance, harmful to the public health, safety, and welfare; and, in addition to other remedies provided by law, the actions of the Commissioner, the department office, or any local enforcement authority under this part shall be enforceable by injunction properly applied for by the Commissioner or any other enforcement authority in any court of Georgia having jurisdiction over the defendant. (b)(1) Any person, firm, partnership, or corporation which violates this part shall be guilty of a misdemeanor. Each day on which a violation occurs shall constitute a separate offense. (2) In addition to the penalty provisions in subsection (a) of this Code section and paragraph (1) of this subsection, the Commissioner shall have the power, after notice and hearing, to levy civil penalties as prescribed in the rules and regulations of the department office in an amount not to exceed $5,000.00 upon any person, firm, partnership, or corporation failing to adhere to the requirements of this part and the 4342 JOURNAL OF THE SENATE rules and regulations promulgated under this part. The imposition of a penalty for a violation of this part or the rules and regulations promulgated under this part shall not excuse the violation or permit it to continue. 8-2-108. (a) Any person aggrieved by an order or an act of an inspector under this chapter may, within 15 days of notice thereof, appeal from such order or act to the Commissioner who shall, within 30 days thereafter, issue an appropriate order either approving or disapproving said order or act. A copy of such order by the Commissioner shall be given to all interested parties. (b) This part, as it applies to the Commissioner and the department office, shall be governed by Chapter 13 of Title 50, the 'Georgia Administrative Procedure Act.' 8-2-109. (a) For the purpose of assisting the Commissioner in the adoption of rules and regulations and in carrying out the provisions of this part, the Commissioner shall consult with the Governor's Employment and Training Council provided for in Code Section 34-14-1. (b) The Commissioner shall be authorized to consult with persons knowledgeable in the areas of construction, use, or safety of conveyances or facilities covered by this part and to create committees composed of such consultants and members of the Governor's Employment and Training Council to assist the Commissioner in carrying out his or her duties under this part. 8-2-109.1. (a) This part shall not apply to elevators located on vehicles operating under the rules of other state or federal authorities and used for carrying passengers or freight. (b) This part shall not apply to any single-seat, single-passenger chairlift located in a building owned and operated by an incorporated or unincorporated nonprofit organization organized and operated exclusively for educational, religious, charitable, or other eleemosynary purposes. (c) Any county, municipality, or other political subdivision which adopts the minimum rules and regulations as provided in Code Section 8-2-105 shall be audited on a semiannual basis for compliance by the Department of Labor office; and any laws, ordinances, or resolutions in conflict with this part shall be void and of no effect." SECTION 9. Code Section 8-2-31, relating to effect of part relative to state building, plumbing, and electrical codes, is amended by revising paragraph (2) of subsection (c) as follows: "(2) Chapter 11 of Title 34 Article 2 of Chapter 15 of Title 25, the 'Boiler Vessel Safety Act';" THURSDAY, MARCH 29, 2012 4343 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 Mullis of the 53rd moved that the Senate agree to the House substitute to SB 446. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner Tate Thompson, C Thompson, S Y Tippins Tolleson Unterman Y Wilkinson Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 446. The following bill was taken up to consider House action thereto: SB 324. By Senators Mullis of the 53rd, Tolleson of the 20th, Wilkinson of the 50th, Hooks of the 14th, Goggans of the 7th and others: A BILL to be entitled an Act to amend Code Section 43-50-3 of the Official Code of Georgia Annotated, relating to definitions relative to the practice of veterinary medicine, so as to clarify a certain definition; to repeal conflicting laws; and for other purposes. 4344 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 43-50-44 of the Official Code of Georgia Annotated, relating to exemptions from licensing and registration for veterinary medicine or veterinary technology, so as to provide an additional exemption; 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 43-50-44 of the Official Code of Georgia Annotated, relating to exemptions from licensing and registration for veterinary medicine or veterinary technology, is amended by striking the word "or" at the end of paragraph (19), by striking the period at the end of paragraph (20) and inserting "; or" in lieu thereof, and by adding a new paragraph to read as follows: "(21) Any person lawfully engaged in the art or profession of farriery." SECTION 2. 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 324. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Thompson, S Y Tippins Tolleson Unterman THURSDAY, MARCH 29, 2012 4345 Y Golden Y Gooch Y Grant Y Miller Y Mullis Y Murphy Y Wilkinson Williams On the motion, the yeas were 48, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 324. The following Senators were excused as Conferees: Ligon, Jr. of the 3rd Loudermilk of the 52nd Unterman of the 45th The following resolution was taken up to consider House action thereto: SR 873. By Senators Gooch of the 51st, Miller of the 49th, Williams of the 19th, Jeffares of the 17th, Staton of the 18th and others: A RESOLUTION authorizing the granting of restrictive easements, nonexclusive easements for operation and maintenance of facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through property owned by the State of Georgia in Bartow, Bibb, Butts, Chatham, Clinch, Douglas, Fulton, Gordon, Hall, Houston, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A RESOLUTION Authorizing the granting of restrictive easements, 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 Appling, Bartow, Bibb, Chatham, Clayton, Clinch, Douglas, Fulton, Gordon, Hall, Houston, Jasper, Lowndes, McDuffie, Newton, Tattnall, and Ware County; to provide for an effective date; to repeal conflicting laws; and for other purposes. WHEREAS, the State of Georgia is the owner of certain real property located in Appling, Bartow, Bibb, Chatham, Clayton, Clinch, Douglas, Fulton, Gordon, Hall, Houston, Jasper, Lowndes, McDuffie, Newton, Tattnall, and Ware County; and WHEREAS, Central Georgia EMC, Central Georgia Joint Development Authority, Clayton County Water Authority, Georgia Department of Transportation, Greystone Power Corporation, Flint EMC, Georgia Department of Natural Resources, Georgia Department of Transportation, Georgia Power Company, Jackson EMC, John S. Braddy 4346 JOURNAL OF THE SENATE and L & S Mullis Farms, Inc. desire to operate and maintain facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through a portion of said property, and restrictive easements; and WHEREAS, these restrictive easements, facilities, utilities, and ingress and egress in, on, over, under, upon, across, or through the above-described state property have been requested or approved by the Department of Corrections, Department of Natural Resources, Georgia Bureau of Investigation, Georgia Department of Agriculture, Georgia Department of Defense, Georgia Forestry Commission, Georgia World Congress Center, State Properties Commission, and the Technical College System of Georgia. 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 hereinafter described real property lying and being in Land Lot 506 of the 3rd Land District of Appling County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 2. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for installing, maintaining and operating an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Altamaha River Moody Forest WMA in Appling County, Georgia and is more particularly described as follows: That approximately 0.0574 of an acre and that portion only as shown on a survey prepared by Toole Surveying Company, Inc. titled Georgia Power Company, Plant Hatch, Siren #014 and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 3. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment. THURSDAY, MARCH 29, 2012 4347 SECTION 4. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said siren System. SECTION 5. That, after Georgia Power Company has put into use the siren system this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the siren system shall become the property of the State of Georgia, or its successors and assigns. SECTION 6. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 7. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 8. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission 4348 JOURNAL OF THE SENATE is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 9. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 10. That the consideration for such easement shall be for fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 11. That this grant of easement shall be recorded by the grantee in the Superior Court of Appling County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 12. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 13. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE II SECTION 14. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 321 of District 23, Section 2, Bartow County, Georgia, and that the property is in the custody of the Georgia Forestry Commission which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. THURSDAY, MARCH 29, 2012 4349 SECTION 15. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation, and maintenance of an electrical power line. Said easement area is located at 3700 Hwy. 140, Rydal, Georgia and is more particularly described as follows: That approximately 0.301 of an acre easement area and that portion only as shown highlighted in yellow on a drawing prepared by Rhodes Engineering Services (Paul R. Rogers, RLS) and being Job Title- Survey for State of Georgia, Department of The Georgia Forestry Commission. and being on file in the offices of the State Properties Commission and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 16. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 17. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line. SECTION 18. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns. SECTION 19. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 20. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the 4350 JOURNAL OF THE SENATE property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 21. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 22. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 23. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 24. That this grant of easement shall be recorded by the grantee in the Superior Court of Bartow County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 25. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, MARCH 29, 2012 4351 SECTION 26. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE III SECTION 27. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 205, 206, 211, and 212, 5th. Land District, Bibb County and in Land Lots 250, 255, 265, 266, and 272, 5th. Land District, Houston County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 28. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Central Georgia Joint Development Authority (a State entity serving Bibb, Crawford, Houston, Jones, Monroe and Twiggs Counties), or its successors and assigns, a nonexclusive easement for the purpose of a restrictive easement to eliminate incompatible land use around Robins Air Force Base ("the Base") in Bibb and Houston Counties, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement is near or adjacent to the Base at Echeconnee Creek Natural Area in Bibb and Houston Counties, Georgia, and is more particularly described as follows: That approximately 527.5 acres portion and that portion only as shown on a drawing prepared by Department of Natural Resources stamped Exhibit "A" showing the 367.924 acres in Houston County and the 159.576 acres in Bibb County highlighted in black outline, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 29. That the above-described premises shall be used solely for the purpose of a restrictive easement. SECTION 30. That, after the Central Georgia Joint Development Authority completes the restrictive easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Central Georgia Joint Development Authority, or its successors and assigns, shall have 4352 JOURNAL OF THE SENATE the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 31. That no title shall be conveyed to the Central Georgia Joint Development Authority and, except as herein specifically granted to the Central Georgia Joint Development Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Central Georgia Joint Development Authority. SECTION 32. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 33. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 34. That the easement granted to the Central Georgia Joint Development Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State THURSDAY, MARCH 29, 2012 4353 Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 35. That the consideration for such easement shall be future conveyance by the Central Georgia Joint Development Authority to the State of Georgia of additional properties to be used as buffer for the Base, such properties to be subject to the same easement restrictions, and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 36. That this grant of easement shall be recorded by the grantee in the Superior Courts of Bibb and Houston Counties and a recorded copy shall be forwarded to the State Properties Commission. SECTION 37. That the authorization in this resolution to grant the above-described restrictive easement to the Central Georgia Joint Development Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 38. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IV SECTION 39. That the State of Georgia is the owner of the hereinafter described real property lying and being in 5th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 40. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of replacing and upgrading an old utility line. Said easement area is located at Skidaway Island State Park, Chatham County, Georgia and is more particularly described as follows: That approximately 2.9 acre easement area and that portion only as shown highlighted in orange on a drawing marked Exhibit "A" 4354 JOURNAL OF THE SENATE and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 41. That the above-described premises shall be used solely for the purpose of replacing and upgrading the old utility line. SECTION 42. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line. SECTION 43. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns. SECTION 44. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 45. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its THURSDAY, MARCH 29, 2012 4355 sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 46. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 47. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 48. That the consideration for such easement shall be for fair market value not less than $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 49. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 50. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 51. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE V SECTION 52. That the State of Georgia is the owner of the hereinafter described real property lying and being in 6th. GMD, City of Savannah, Chatham County, Georgia, and that the property is in the custody of the Georgia Bureau of Investigation, which does not object to the 4356 JOURNAL OF THE SENATE granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 53. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is located at the Coastal Regional Crime Lab, Savannah Regional Drug Office, and the Bomb Truck Garage in Savannah, Georgia and is more particularly described as follows: That approximately 0.027 and 0.10 of an acre easement areas and that portion only as shown highlighted in purple on two drawings prepared by Harmon A. Vedder and being Job Title Little Ogeechee-New Dutchtown 115V Transmission Line Parcel 177 (0.10 Acre) and Parcel 178 (0.27 Acre). and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 54. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 55. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said electrical power line. SECTION 56. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia or its successors and assigns. SECTION 57. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. THURSDAY, MARCH 29, 2012 4357 SECTION 58. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 59. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 60. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 61. That the consideration for such easement shall be $46,500 and Georgia Power Company has agreed to provide as in-kind-cost-to-cure to GBI for the removal of existing trees, the planting of 29 Japanese Ligustrum trees and centipede sod, the installation of an irrigation system, and a two year maintenance and guarantee, to be installed upon completion of the transmission line, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 4358 JOURNAL OF THE SENATE SECTION 62. That this grant of easement shall be recorded by the grantee in the Superior Court of Chatham County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 63. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 64. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE VI SECTION 65. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 204, and 205, 12th. Land District, Clayton County, Georgia, and the property is in the custody of the Georgia Department of Defense, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 66. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Clayton County Water Authority, or its successors and assigns, a nonexclusive easement for the purpose of laying, constructing, operating, and maintaining utility structures including a sanitary sewer line in Clayton County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement is located at Oglethorpe Armory in Clayton County, Georgia, and is more particularly described as follows: That approximately 0.596 acres portion and that portion only as shown on a drawing prepared by Clayton County Water Authority stamped Exhibit "A" highlighted in yellow and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 67. That the above described premises shall be used solely for the purpose of laying, constructing, operating and maintaining a sewer line at Oglethorpe Armory in Clayton County, Georgia. THURSDAY, MARCH 29, 2012 4359 SECTION 68. That, after the Clayton County Water Authority completes the sewer line for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Clayton County Water Authority, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 69. That no title shall be conveyed to the Clayton County Water Authority and, except as herein specifically granted to the Clayton County Water Authority, all rights, title, and interest in and to said easement area is reserved in the State of Georgia which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Clayton County Water Authority. SECTION 70. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 71. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. 4360 JOURNAL OF THE SENATE SECTION 72. That the easement granted to the Clayton County Water Authority shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 73. That the consideration for such easement shall be $10 and any other consideration as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 74. That this grant of easement shall be recorded by the grantee in the Superior Court of Clayton 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 to the Clayton County Water Authority shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. 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 VII SECTION 77. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 470, Seventh Land District, Clinch County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 78. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the purpose of construction of a road widening project for US Hwy 441 Widening Project No. EDS-441(46) Clinch County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be THURSDAY, MARCH 29, 2012 4361 reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Clinch County, Georgia, and is more particularly described as follows: Those approximately 0.045 of an acre portion and that portion only as shown in yellow on a drawing prepared by Georgia Department of Transportation and being Job Title "US Hwy 441 Widening Project, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 79. That the above-described premises shall be used solely for the purpose of constructing the road widening project. SECTION 80. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said road widening. SECTION 81. That, after the Georgia Department of Transportation completes the road widening project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 82. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 83. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. 4362 JOURNAL OF THE SENATE SECTION 84. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 85. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 86. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 87. That this grant of easement 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 88. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 89. 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. THURSDAY, MARCH 29, 2012 4363 ARTICLE VIII SECTION 90. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 176 and 180, 1st. District, 5th. Section, Douglas County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 91. That the State of Georgia, acting by and through its State Properties Commission, may grant to Greystone Power Corporation, or its successors and assigns, a nonexclusive easement area for the construction, operation and maintenance of an electrical power line. Said easement area is located at the Sweetwater Creek State Park, Riverside Parkway in Douglas County and is more particularly described as follows: That approximately 2.74 acres easement area and that portion only as shown highlighted in blue on that drawing prepared by Greystone Power Corporation, and being Job "Exhibit A" Riverside Parkway Double Circuit Land Lot 176, 1st.District, 5th. Section, Douglas County, and being on file in the offices of the State Properties Commission;" and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 92. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 93. That Greystone Power Corporation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper operation and maintenance of said electrical power line. SECTION 94. That, after Greystone Power Corporation has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Greystone Power Corporation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns. 4364 JOURNAL OF THE SENATE SECTION 95. That no title shall be conveyed to Greystone Power Corporation and, except as herein specifically granted to Greystone Power Corporation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Greystone Power Corporation. SECTION 96. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 97. That the easement granted to Greystone Power Corporation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 98. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. THURSDAY, MARCH 29, 2012 4365 SECTION 99. That the consideration for such easement shall be fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 100. That this grant of easement shall be recorded by the grantee in the Superior Court of Douglas County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 101. That the authorization in this resolution to grant the above-described easement to Greystone Power Corporation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 102. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE IX SECTION 103. The State of Georgia is the owner of certain parcels of real property located in Fulton County, Georgia that is all that tract or parcel of land lying and being in Land Lot 78 of the 14th District of Fulton County containing approximately 3 acres and being more particularly described as Tract Parcels "1," "2," and "3" on a drawing entitled "Property Breakout Sketch (Green Lot - CFHOF)" last revised February 4, 2011, and being on file in the offices of the State Properties Commission and may be more particularly described on plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 104. The above-described tract parcels comprise a portion of the George L. Smith II Georgia World Congress Center campus which is in the custody of the Department of Economic Development and managed by the George L. Smith II Georgia World Congress Center Authority through that certain management agreement dated April 8, 1974, as subsequently amended, and which does not object to the granting of these easements, hereinafter referred to as the easement areas and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. 4366 JOURNAL OF THE SENATE SECTION 105. The 2011 Act 255 (HR 95) authorized the ground lease of 1.4 acres ("Tract 2" the Primary Lease Parcel) to Atlanta Hall Management, Inc. (AHM) for 30 years with four renewal options of five years each, including the granting of nonexclusive appurtenant easements for the use and enjoyment of the College Football Hall of Fame facility for the term of the lease which 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; and AHM for the College Football Hall of Fame is desirous of being granted easement areas on or through Tract 3 for utility-like uses including but not limited to the construction, operation and maintenance of a shared detention pond for the College Football Hall of Fame facility and a state-owned parking deck, and installation, operation and maintenance of grease traps to connect to City of Atlanta sewer. SECTION 106. The State of Georgia has also approved the acquisition from the City of Atlanta of the former Foundry Street property, which is adjacent to and surrounded by Tracts 2 and 3, and which will require relocation of various existing utility easements from that property onto State property. SECTION 107. That the State of Georgia, acting by and through its State Properties Commission, may grant to those various utility companies or to AHM, or each successor and assign, nonexclusive easement areas on State property. Said easement areas are particularly to be described by respective plats of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 108. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating and re-locating as appropriate said utilities or utility-like uses. SECTION 109. That the various grantees shall have the right to remove or cause to be removed from said easement area only such trees and bushes as and when approved by George L. Smith II Georgia World Congress Center Authority and as may be reasonably necessary for the proper installation, operation, and maintenance of said utilities or utility-like uses. SECTION 110. That after these easements are granted, a subsequent abandonment of the use of each shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, each grantee, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event those facilities and equipment shall become the property of the State of Georgia, or its successors and assigns. THURSDAY, MARCH 29, 2012 4367 SECTION 111. That no title shall be conveyed to the grantees and, except as herein specifically granted in each easement, all rights, title, and interest in and to said easement areas is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the utilities or AHM. SECTION 112. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the State's use or intended use of an easement area, the easement area should be relocated to an alternate site within State property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves in advance of any construction being commenced a schedule and written estimate for the cost of such removal and relocation. Upon written request from a Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 113. That each easement granted shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 114. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of each easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of each easement area. SECTION 115. That the consideration for each easement shall not be less than $10 and shall be set by the State Properties Commission, and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 4368 JOURNAL OF THE SENATE SECTION 116. That this grant of each easement 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 117. That the authorization in this resolution to grant the above-described easements shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 118. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of these easement areas. ARTICLE X SECTION 119. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 26 of the 14th. Land District, 3rd. Section, Gordon County, Georgia, and that the property is in the custody of the Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 120. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area to reconstruct the Interchange Improvement at I-75 Interchange located on the Northwest corner side of SR 136 and I-75 in Resaca, Gordon County and is more particularly described as follows: That approximately 0.030 acre easement area and that portion only as shown highlighted in Orange and an area shown colored in Pink for the reconstruction of a driveway on that drawing prepared by Briendley Pieters & Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 121. That the above-described premises shall be used solely for the purpose of reconstructing the Interchange Improvement at I-75 Interchange @SR 136 in Gordon County, Georgia. THURSDAY, MARCH 29, 2012 4369 SECTION 122. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction of the road reconstruction. SECTION 123. That, after Georgia Department of Transportation has constructed the road reconstruction this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the road reconstruction shall become the property of the State of Georgia, or its successors and assigns. SECTION 124. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation. SECTION 125. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 126. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties 4370 JOURNAL OF THE SENATE Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 127. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 128. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 129. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 130. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 131. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XI SECTION 132. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 13 of the 14th. Land District, Gordon County, Georgia, and that the property is in the custody of the State Properties Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. THURSDAY, MARCH 29, 2012 4371 SECTION 133. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Department of Transportation or its successors and assigns, a nonexclusive easement area for the construction of a road widening at SR3/US41/SR136 at SR136 in Gordon County and is more particularly described as follows: That approximately 0.121 acre easement area and that portion only as shown highlighted in Orange on that drawing prepared by Briendley Pieters & Associates, Inc, and being Job Title "STPIM-0075-03(210) Gordon County P.I. # 610930., and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 134. That the above-described premises shall be used solely for the purpose of constructing a road widening at SR3/US41/SR136 at SR136 in Gordon County, Georgia. SECTION 135. That Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the construction of the road widening. SECTION 136. That, after Georgia Department of Transportation has constructed the road widening this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the road widening shall become the property of the State of Georgia, or its successors and assigns. SECTION 137. That no title shall be conveyed to Georgia Department of Transportation and, except as herein specifically granted to Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Department of Transportation. SECTION 138. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate 4372 JOURNAL OF THE SENATE site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 139. That the easement granted to Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 140. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 141. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 142. That this grant of easement shall be recorded by the grantee in the Superior Court of Gordon County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 143. That the authorization in this resolution to grant the above-described easement to Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, MARCH 29, 2012 4373 SECTION 144. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XII SECTION 145. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 169, 171, 10th. Land District, Hall County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 146. That the State of Georgia, acting by and through its State Properties Commission, may grant to Hall County, or its successors and assigns, a nonexclusive easement for the purpose of constructing, maintaining, and operating county roads in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows: That approximate total .407 of an acre consisting of three parcels of 0.007, 0.12, and 0.28 acres and that portion only as shown in red on an Exhibit "A" labeled Don Carter State Park Road Easements, Hall County and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 147. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating county roads at Don Carter State Park. SECTION 148. That Hall County shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said roads. SECTION 149. That after Hall County completes the road construction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Hall County, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. 4374 JOURNAL OF THE SENATE SECTION 150. That no title shall be conveyed to Hall County and, except as herein specifically granted to Hall County, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Hall County. SECTION 151. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 152. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 153. That the easement granted to Hall County shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 154. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. THURSDAY, MARCH 29, 2012 4375 SECTION 155. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 156. That the authorization in this resolution to grant the above-described easement to Hall County shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 157. 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 158. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165, 166, 168-172, 10th. Land District and Land Lots 96, 97, 120, 12th. Land District, GMD 1695, Hall County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 159. That the State of Georgia, acting by and through its State Properties Commission, may grant to Jackson EMC, or its successors and assigns, a nonexclusive easement for the purpose of installing, maintaining, and operating overhead power lines in Hall County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Hall County, Georgia, and is more particularly described as follows: That approximate area shown (engineered drawings to follow for approximate area and as built surveys to be provided upon completion of installation) and that portion only as shown in blue on an Exhibit "A" labeled Don Carter State Park Power Lines, Hall County and being on file in the offices of the State Properties Commission; and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 160. That the above-described premises shall be used solely for the purpose of constructing, maintaining, and operating power lines at Don Carter State Park. 4376 JOURNAL OF THE SENATE SECTION 161. That Jackson EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of said power lines. SECTION 162. That after Jackson EMC completes the utility lines project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment Jackson EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 163. That no title shall be conveyed to Jackson EMC and, except as herein specifically granted to Jackson EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Jackson EMC. SECTION 164. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 165. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its THURSDAY, MARCH 29, 2012 4377 sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 166. That the easement granted to Jackson EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 167. That the consideration for such easement shall be $10.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 168. That this grant of easement shall be recorded by the grantee in the Superior Court of Hall County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 169. That the authorization in this resolution to grant the above-described easement to Jackson EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 170. 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 XIV SECTION 171. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lots 165 and 166, 10th. District, Houston County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 172. That the State of Georgia, acting by and through its State Properties Commission, may grant to Flint EMC, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an electrical power line. Said easement area is 4378 JOURNAL OF THE SENATE located at the Middle Georgia Technical College, Main Campus, Houston County and is more particularly described as follows: That approximately 0.774 of an acre easement areas (two areas comprised of 0.104 and 0.162 acres) and that portion only as shown highlighted in yellow on that survey prepared by Christopher A. Branscom, Georgia Registered Surveyor No. 3164 and being Job Title Easement Plats for Flint Energies, Waddell & Company and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 173. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 174. Flint EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation and maintenance of said electrical power line. SECTION 175. That, after Flint EMC has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment Flint EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns. SECTION 176. That no title shall be conveyed to Flint EMC and, except as herein specifically granted to Flint EMC all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Flint EMC. SECTION 177. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or THURSDAY, MARCH 29, 2012 4379 relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 178. That the easement granted to Flint EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 179. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 180. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 181. That this grant of easement shall be recorded by the grantee in the Superior Court of Houston County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 182. That the authorization in this resolution to grant the above-described easement to Flint EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 183. 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. 4380 JOURNAL OF THE SENATE ARTICLE XV SECTION 184. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 268, 19th. Land District, Jasper County, Georgia, and the property is in the custody of the Georgia Department of Natural Resources, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 185. That the State of Georgia, acting by and through its State Properties Commission, may grant Central Georgia EMC, or its successors and assigns, a nonexclusive easement for the purpose of constructing, operating and maintaining an overhead power line for the expansion of the shooting range at Charlie Elliot Wildlife Center in Jasper County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Jasper County, Georgia, and is more particularly described as follows: That approximately 0.396 of an acre portion and that portion only as shown in yellow on a drawing prepared by Breedlove Land Planning, Inc. titled Charlie Elliot Wildlife Center, and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 186. That the above-described premises shall be used solely for the purpose of installing an overhead power line at Charlie Elliot Wildlife Center in Jasper County. SECTION 187. That Central Georgia EMC shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper construction, operation, and maintenance of the overhead power line. SECTION 188. That, after Central Georgia EMC completes the power line project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, Central Georgia EMC, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the power line shall become the property of the State of Georgia, or its successors and assigns. THURSDAY, MARCH 29, 2012 4381 SECTION 189. That no title shall be conveyed to Central Georgia EMC and, except as herein specifically granted to Central Georgia EMC, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Central Georgia EMC. SECTION 190. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 191. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 192. That the easement granted to Central Georgia EMC shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. 4382 JOURNAL OF THE SENATE SECTION 193. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 194. That this grant of easement shall be recorded by the grantee in the Superior Court of Jasper County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 195. That the authorization in this resolution to grant the above-described easement to Central Georgia EMC shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 196. 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 XVI SECTION 197. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 76 of the 11th Land District and the 663rd. GMD, City of Valdosta, Lowndes County, Georgia, and that the property is in the custody of the Georgia Department of Agriculture, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 198. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the purpose of moving, relocating, maintaining, and operating power lines. Said easement area is located at the Valdosta Farmers Market Lowndes County, Georgia and is more particularly described as follows: That approximately 0.619 acre easement area and that portion only as shown highlighted in red dashed outline on a drawing marked Exhibit "A-1-2" prepared by Georgia Power Company. And being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. THURSDAY, MARCH 29, 2012 4383 SECTION 199. That the above described premises shall be used solely for the purpose of moving, relocating, maintenance, and operation of existing power lines necessitated by a Lowndes County Department of Transportation road improvement project funded partially by the Georgia Department of Transportation. SECTION 200. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper moving, relocating, operation and maintenance of said power line. SECTION 201. That after Georgia Power Company has put into use the power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the power line shall become the property of the State of Georgia or its successors and assigns. SECTION 202. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 203. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. 4384 JOURNAL OF THE SENATE SECTION 204. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 205. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 206. That the consideration for such easement shall be for fair market value not less than $650 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 207. That this grant of easement shall be recorded by the grantee in the Superior Court of Lowndes County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 208. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 209. 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 XVII SECTION 210. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 134th. GMD, McDuffie County, Georgia, and that the property is in the custody of the Technical College System of Georgia, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. THURSDAY, MARCH 29, 2012 4385 SECTION 211. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for the installation, operation and maintenance of an underground electrical power line. Said easement area is located at the Thompson campus of Augusta Technical College in McDuffie County and is more particularly described as follows: That approximately 0.101 of an acre easement area and that portion only as shown highlighted in yellow on that drawing prepared by WK Dickson and being Job Title "Utility Plan Augusta Technical College Aircraft Technology Building Project #DTAE147" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 212. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said electrical power line and associated equipment. SECTION 213. Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation and maintenance of said electrical power line. SECTION 214. That, after Georgia Power Company has put into use the electrical power line this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the electrical power line shall become the property of the State of Georgia, or its successors and assigns. SECTION 215. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 216. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate 4386 JOURNAL OF THE SENATE site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 217. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 218. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 219. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 220. That this grant of easement shall be recorded by the grantee in the Superior Court of McDuffie County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 221. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. THURSDAY, MARCH 29, 2012 4387 SECTION 222. That the State Properties Commission is authorized and empowered to do all acts and things necessary and proper to effect the grant of the easement area. ARTICLE XVIII SECTION 223. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 295, 9th. District, Newton County, Georgia, and the property is in the custody of the Technical College System of Georgia which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 224. That the State of Georgia, acting by and through its State Properties Commission, may grant to the Georgia Department of Transportation, or its successors and assigns, a nonexclusive easement for the reconstruction of SR 142 under DOT Project NumberSTP-00-1418-00(003) in Newton County, Georgia together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located in Newton County, Georgia, and is more particularly described as follows: That approximately 0.0107 acre easement area and that portion only as shown in orange on a drawing prepared by Georgia Department of Transportation and being Job Title Project No. STP-00-1418-00(003), and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 225. That the above-described premises shall be used solely for the purpose of the road reconstruction project. SECTION 226. That the Georgia Department of Transportation shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the road reconstruction project. SECTION 227. That, after the Georgia Department of Transportation completes the road reconstruction project for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the 4388 JOURNAL OF THE SENATE Georgia Department of Transportation, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 228. That no title shall be conveyed to the Georgia Department of Transportation and, except as herein specifically granted to the Georgia Department of Transportation, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to the Georgia Department of Transportation. SECTION 229. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 230. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 231. That the easement granted to the Georgia Department of Transportation shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State THURSDAY, MARCH 29, 2012 4389 Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 232. That the consideration for such easement shall be $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 233. That this grant of easement shall be recorded by the grantee in the Superior Court of Newton County and a recorded copy shall be forwarded to the State Properties Commission. SECTION 234. That the authorization in this resolution to grant the above-described easement to the Georgia Department of Transportation shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 235. 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 XIX SECTION 236. That the State of Georgia is the owner of the hereinafter described real property lying and being in the 1645th. GMD, Tattnall County, Georgia, and that the property is in the custody of the Georgia Department of Corrections, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 237. That the State of Georgia, acting by and through its State Properties Commission, may grant to Georgia Power Company, or its successors and assigns, a nonexclusive easement area for an early warning system associated with the power generation plant known as Plant Hatch in compliance with the Federal Nuclear Energy Regulatory Commission regulations. Said easement area is located at the Department of Corrections' Georgia State Prison Property in Tattnall County, Reidsville, Georgia and is more particularly described as follows: That approximately 0.0574 of an acre easement area and that portion only as shown highlighted in Gold on that drawing prepared by Georgia Power Company Land 4390 JOURNAL OF THE SENATE Department and being Job Title "Plant Hatch Alert Notification (Siren) System Exhibit "A" Map, Siren #045" and being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 238. That the above-described premises shall be used solely for the purpose of installing, maintaining, and operating said siren system and associated equipment. SECTION 239. That Georgia Power Company shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the proper installation, operation, and maintenance of said siren. SECTION 240. That, after Georgia Power Company has put into use the siren this easement is granted for, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, the Georgia Power Company, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the siren shall become the property of the State of Georgia, or its successors and assigns. SECTION 241. That no title shall be conveyed to Georgia Power Company and, except as herein specifically granted to Georgia Power Company, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to Georgia Power Company. SECTION 242. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon THURSDAY, MARCH 29, 2012 4391 written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 243. That the easement granted to Georgia Power Company shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 244. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 245. That the consideration for such easement shall be for fair market value, not less than $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 246. That this grant of easement 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 247. That the authorization in this resolution to grant the above-described easement to Georgia Power Company shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 248. 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. 4392 JOURNAL OF THE SENATE ARTICLE XX SECTION 249. That the State of Georgia is the owner of the hereinafter described real property lying and being in original Land Lot 32, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 250. That the State of Georgia, acting by and through its State Properties Commission, may grant to John S. Braddy a nonexclusive easement for a permanent access easement together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement area is located at 4333 Okefenokee Swamp Road, Waycross, Ga. 31503 in Ware County, Georgia, and is more particularly described as follows: That 0.207 of an acre portion and that portion only as shown highlighted in yellow on a drawing prepared by D Lavone Herrin and being Job Title "Resurvey of 0.813 Acre including 25' Easement", and all being on file in the offices of the State Properties Commission, and may be more particularly described by a plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. SECTION 251. That the above-described premises shall be used solely for the purpose of a permanent access easement. SECTION 252. That John S. Braddy shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the permanent access easement. SECTION 253. That, after John S. Braddy has put into use the permanent access easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, John S. Braddy, or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. THURSDAY, MARCH 29, 2012 4393 SECTION 254. That no title shall be conveyed to the John S. Braddy, and, except as herein specifically granted to John S. Braddy, all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to John S. Braddy. SECTION 255. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 256. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 257. That the easement granted to John S. Braddy shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 258. That the consideration for such easement shall be for fair market value, not less than $10 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. 4394 JOURNAL OF THE SENATE SECTION 259. 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 260. That the authorization in this resolution to grant the above-described easement to John S. Braddy shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 261. 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 XXI SECTION 262. That the State of Georgia is the owner of the hereinafter described real property lying and being in Land Lot 12, 9th. District, Ware County, Georgia, and the property is in the custody of the Georgia Forestry Commission, which does not object to the granting of this easement, hereinafter referred to as the easement area and that, in all matters relating to the easement area, the State of Georgia is acting by and through its State Properties Commission. SECTION 263. That the State of Georgia, acting by and through its State Properties Commission, may grant to Steve and Julie Mullis/L & S Mullis Farms, Inc. a nonexclusive easement for a permanent access easement and installation of a power line/pole at Dixon Memorial State Forest together with the right of ingress and egress over adjacent land of the State of Georgia as may be reasonably necessary to accomplish the aforesaid purposes. Said easement will be for a total of 45' in width (30' for the road and 15' for the power line/pole). The easement will be for farm access only and if the land is converted or rezoned for other than agriculture purposes the easement is terminated and reverts back to the Georgia Forestry Commission. Said easement area is located on Lloyd Strickland Road in the Dixon Memorial State Forest in Ware County, Georgia, and is more particularly described as follows: That 0.944 of an acre portion and that portion only as shown highlighted in yellow on a survey prepared by Registered Surveyor, Charles H. Tomberlin and being titled Survey for L & S Mullis Farms, Inc., and being on file in the offices of the State Properties Commission, and more particularly described in said plat of survey prepared by a Georgia registered land surveyor and presented to the State Properties Commission for approval. THURSDAY, MARCH 29, 2012 4395 SECTION 264. That the above-described premises shall be used solely for the purpose of a permanent access easement and power line/pole installation. SECTION 265. That L & S Mullis Farms, Inc. shall have the right to remove or cause to be removed from said easement area only such trees and bushes as may be reasonably necessary for the permanent access easement. SECTION 266. That, after L & S Mullis Farms, Inc. has put into use the permanent access easement for which this easement is granted, a subsequent abandonment of the use thereof shall cause a reversion to the State of Georgia, or its successors and assigns, of all the rights, title, privileges, powers, and easement granted herein. Upon abandonment, L & S Mullis Farms, Inc. or its successors and assigns, shall have the option of removing its facilities from the easement area or leaving the same in place, in which event the facility shall become the property of the State of Georgia, or its successors and assigns. SECTION 267. That no title shall be conveyed to L & S Mullis Farms, Inc., and except as herein specifically granted to L & S Mullis Farms, Inc., all rights, title, and interest in and to said easement area is reserved in the State of Georgia, which may make any use of said easement area not inconsistent with or detrimental to the rights, privileges, and interest granted to L & S Mullis Farms, Inc. SECTION 268. That this resolution does not affect and is not intended to affect any rights, powers, interest, or liability of the Department of Transportation with respect to the state highway system, of a county with respect to the county road system, or of a municipality with respect to the city street system. The grantee shall obtain any and all other required permits from the appropriate governmental agencies as are necessary for its lawful use of the easement area or public highway right of way and comply with all applicable state and federal environmental statutes in its use of the easement area. SECTION 269. That if the State of Georgia, acting by and through its State Properties Commission, determines that in order to avoid interference with the state's use or intended use of the easement area, the easement area should be relocated to an alternate site within the property, it may grant a substantially equivalent nonexclusive easement to an alternate site under such terms and conditions as the State Properties Commission shall in its discretion determine to be in the best interest of the State of Georgia. The Grantee shall remove or relocate its facilities to the alternate easement area at its sole cost and expense, unless the State Properties Commission determines that the requested removal or 4396 JOURNAL OF THE SENATE relocation is to be for the sole benefit of the State of Georgia and Grantee provides, and the State Properties Commission receives and approves, in advance of any construction being commenced a written estimate for the cost of such removal and relocation. Upon written request from Grantee or any third party, the State Properties Commission, in its sole discretion, may grant a substantially equivalent nonexclusive easement within the property for the relocation of the facilities without cost, expense or reimbursement from the State of Georgia. SECTION 270. That the easement granted to L & S Mullis Farms, Inc. shall contain such other reasonable terms, conditions, and covenants as the State Properties Commission shall deem in the best interest of the State of Georgia and that the State Properties Commission is authorized to use a more accurate description of the easement area so long as the description utilized by the State Properties Commission describes the same easement area herein granted. SECTION 271. That the consideration for such easement shall be $650.00 and such further consideration and provisions as the State Properties Commission may determine to be in the best interest of the State of Georgia. SECTION 272. 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 273. That the authorization in this resolution to grant the above-described easement to L & S Mullis Farms, Inc. shall expire three years after the date this resolution is enacted into law and approved by the State Properties Commission. SECTION 274. 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 XXII SECTION 275. That this resolution shall become effective as law upon its approval by the Governor or upon its becoming law without such approval. ARTICLE XXIII SECTION 276. That all laws or parts of laws in conflict with this resolution are repealed. THURSDAY, MARCH 29, 2012 4397 Senator Gooch of the 51st moved that the Senate agree to the House substitute to SR 873. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones C Ligon C Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson C Unterman Y Wilkinson Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 873. The following resolution was taken up to consider House action thereto: SR 843. By Senator Mullis of the 53rd: A RESOLUTION honoring the life of Mr. Bert Ward and dedicating a bridge in his memory; and for other purposes. The House substitute was as follows: A RESOLUTION Dedicating certain portions of the state highway system; repealing certain resolutions; repealing conflicting laws; and for other purposes. PART I WHEREAS, Mr. Bert Ward was born on May 30, 1922, in Catoosa County, Georgia, was educated in the Catoosa County public school system, and graduated from Ringgold High School; and 4398 JOURNAL OF THE SENATE WHEREAS, Mr. Ward served as a guardian of this nation's freedom and liberty with the United States Navy, valiantly and courageously protecting his fellow Americans during World War II on the USS Gillis and the USS Williamson in the Pacific; and WHEREAS, he sustained injuries during his service when his ship was torpedoed by Japanese submarines in the North Pacific; and WHEREAS, upon returning home after the war, Mr. Ward continued his public service as Catoosa County Tax Commissioner, diligently and conscientiously devoting innumerable hours of his time, talents, and energy toward the betterment of his community and state for 19 years; and WHEREAS, he was elected to represent Catoosa County as a State Representative in the Georgia General Assembly in 1967 and 1968; and WHEREAS, Mr. Ward served as a judge in Catoosa County for several years before he was elected to serve on the Board of Commissioners of Catoosa County; and WHEREAS, as a member of the Board of Commissioners, Mr. Ward was instrumental in establishing procedures, policies, and rules and regulations of the board and helped in the establishment of the county's 911emergency response system and the naming of the Catoosa Parkway; and WHEREAS, Mr. Ward's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments and service of this remarkable and distinguished Georgian be appropriately recognized. PART II WHEREAS, the Rev. Martin Luther King, Jr., stands as one of the most prominent Georgians of the 20th Century; and WHEREAS, Rev. King attended public school in Georgia, graduating from high school at the age of 15, and received his bachelor's degree in 1948 from Morehouse College; and WHEREAS, after three years of theological study at Crozer Theological Seminary in Pennsylvania, where he was elected president of the senior class, he was awarded a divinity degree in 1951, and, with a fellowship won at Crozer, he enrolled in graduate studies at Boston University, completing his residence for the doctorate in 1953 and receiving his doctoral degree in 1955; and THURSDAY, MARCH 29, 2012 4399 WHEREAS, in 1957, he was elected president of the Southern Christian Leadership Conference, and, in the 11 years between 1957 and 1968, he traveled over 6 million miles and spoke over 2,500 times in support of civil rights and wrote five books as well as numerous articles; and WHEREAS, he led a massive protest in Birmingham, Alabama, that caught the attention of the entire world, providing what he called a coalition of conscience and inspiring his "Letter from a Birmingham Jail," a manifesto of the Civil Rights Movement in the United States; and WHEREAS, he also planned and participated in numerous protests and demonstrations for the cause of civil rights including the peaceful march on Washington, D.C., of 250,000 people to whom he delivered his famous "I Have a Dream" address at the Lincoln Memorial; and WHEREAS, he was awarded five honorary degrees; was named Man of the Year by Time magazine in 1963; and, at the age of 35, was the youngest man to have been awarded the Nobel Peace Prize; and WHEREAS, through his tireless work on behalf of civil rights for all people, he became not only the symbolic leader of African Americans in the United States but also a world figure in the fight for justice for all; and WHEREAS, it is fitting and proper to dedicate the entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line as the Martin Luther King, Jr. Parkway as an appropriate tribute to this outstanding Georgian. PART III WHEREAS, Roy Parrish was born in Walker County, Georgia, on November 29, 1933, one of four children born to Roy E. Parrish, Sr., and the former Annie May Autry; the Parrish family and the Autry family were pioneers to Walker County and have made this county their homes since the eighteenth century; and WHEREAS, Mr. Parrish was educated in the City of Chickamauga School System and graduated from Gordon Lee High School in 1953; he started to work for the Chickamauga Telephone Company while still in high school, and he remained in their employ for 19 years, the last several as general manager; and WHEREAS, he also served two years on active duty with the United States Army in Korea; and 4400 JOURNAL OF THE SENATE WHEREAS, he was elected Sole Commissioner of Walker County in the Democratic Primary of 1972 and took office January 1, 1973; he went on to serve six, four-year terms; and WHEREAS, some of his major accomplishments include building the first sanitary landfill in 1973 and operating it for 23 years; building and paving the county roads; passing the first Local Option Sales Tax Referendum in 1977 that rolled back county property tax and for the first time offered property tax relief to the local community; building the civic center, pavilion, and the 911 Center; building a tunnel from the courthouse to the jail for security; and building and operating an animal shelter, 16 fire stations, and 126 bridges; and WHEREAS, Mr. Parrish worked with Georgia Department of Transportation and the United States Department of the Interior as well as the National Park Service and Congressman Buddy Darden to get a better corridor through or around the Chickamauga Battlefield and was largely responsible for getting the western route through Walker County established as the relocated Highway 27 around the Chickamauga National Park; and WHEREAS, he has been married to the former Cora Ann Kell, also a native of Walker County, for more than 50 years, and they have two children, two grandchildren, and two great-grandchildren; they live in the City of Chickamauga where they are active members of the Elizabeth Lee United Methodist Church; and WHEREAS, he retired, undefeated, from public office in 1996 and now enjoys the freedom of retirement; he and Cora Ann spend time traveling, enjoying their family, gardening, and working in their church where Roy has recruited many of his friends; and WHEREAS, it is only fitting and proper that a lasting tribute to this life of public service be established. PART IV WHEREAS, Dr. Johnny M. Hunt has demonstrated his commitment to teaching the Gospel, witnessing Christ through word and deed, and addressing the physical, psychological, intellectual, and spiritual needs of others; and WHEREAS, Dr. Hunt was born on July 17, 1952, in Lumberton, North Carolina, and is a graduate of Gardner-Webb College and Southeastern Baptist Theological Seminary; and WHEREAS, he has served as pastor of Longleaf Baptist Church in Wilmington, North Carolina; Falls Baptist Church in Wake Forest, North Carolina; and Lavonia Baptist Church in Mooresboro, North Carolina; and THURSDAY, MARCH 29, 2012 4401 WHEREAS, Dr. Hunt was called by the Lord in 1986 to lead the congregation of First Baptist Church of Woodstock as the church's senior pastor; and WHEREAS, his vision and direction have helped First Baptist Church of Woodstock grow in size and influence, uplifting the community like the light of Bethlehem and serving as a spiritual leader and place for fellowship; and WHEREAS, Dr. Hunt has served as president of the Southern Baptist Convention and president of the Pastors' Conference of the Southern Baptist Convention; and WHEREAS, whether the task is preparing a sermon, visiting the sick, counseling the troubled, baptizing a new believer, or acting as a theologian, educator, administrator, or humanitarian, Dr. Hunt serves as a shining example of God's righteous path; and WHEREAS, the unmatched spiritual assistance offered by Dr. Hunt is a source of strength and direction for persons in all walks of life and from all economic strata; and WHEREAS, it is abundantly fitting and proper that this enduring example of God's message of peace and love be recognized. PART V 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, Korean War veterans have demonstrated a deep personal commitment to protecting democracy and a willingness to sacrifice their own personal safety and comfort to ensure the well-being of their fellow man; and WHEREAS, they served as guardians of this nation's freedom and liberty and diligently and conscientiously underwent intensive and rigorous training in order to serve their country with honor and distinction during a time of war; and WHEREAS, it is important that Korean War veterans are thanked for their selfless service to this nation and honored for their unyielding commitment to protecting the people and ideals of the United States; and WHEREAS, Korean War veterans embody the spirit of service, willing to find meaning in something greater than themselves, and it is abundantly fitting and proper that the outstanding accomplishments and sacrifices of these remarkable and distinguished Americans be honored appropriately. 4402 JOURNAL OF THE SENATE PART VI WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Lance Corporal William Taylor Richards; and WHEREAS, Lance Corporal Richards served as a guardian of this nation's freedom and liberty with the United States Marines Corps; and WHEREAS, he was born on January 31, 1990, in Trenton, Georgia, and graduated from Dade County High School, where he was known as a talented musician; and WHEREAS, Lance Corporal Richards was stationed in the Helmand province of Afghanistan when he was killed while serving in support of Operation Enduring Freedom; and WHEREAS, Lance Corporal Williams was awarded a Rifle Expert Medal, an Afghanistan Campaign Medal, a National Defense Service Medal, a Global War Service Medal, a War on Terrorism Medal, and a Purple Heart; and WHEREAS, he leaves behind many who will cherish his memory, including his wife Emily and his beautiful daughter Kayden Leigh; and WHEREAS, it is only fitting and proper that a lasting memorial to Lance Corporal Richards' life of service to his country be established. PART VII WHEREAS, Mr. William G. Long has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Long diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to the City of Woodstock as a city council member, a member of the Planning Commission, a city judge, and mayor over the course of 40 years; and WHEREAS, first elected to serve the public in 1966 as a member of the Woodstock City Council, Mr. Long is one of Woodstock's most distinguished citizens and dedicated servants; and WHEREAS, Mr. Long's significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and THURSDAY, MARCH 29, 2012 4403 WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART VIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. Preston B. Lewis, Jr.; and WHEREAS, a graduate of Waynesboro High School, Mr. Lewis served as a guardian of this nation's freedom and liberty with the United States Army, valiantly and courageously protecting America during the Korean War; and WHEREAS, he trained at the United States Navy Submarine School, received a Bronze Star, and attained the rank of captain; and WHEREAS, Mr. Lewis graduated from the University of Georgia with a bachelor's degree in business administration and a law degree before he joined his father's legal practice, Lewis & Lewis, where he practiced law for 30 years; and WHEREAS, he served as juvenile court judge for more than 30 years and served the people of Georgia as a member of the Georgia House of Representatives for six terms and the Georgia Senate for one term; and WHEREAS, a community leader, Mr. Lewis was a Rotarian and served as president of the Waynesboro Shrine Club and as a member of the Waynesboro Masonic Lodge, the American Legion, and First United Methodist Church; and WHEREAS, he left behind many who will cherish his memory, including his wife of 58 years, Katherine Honey Hill; four children, Preston Brooks Lewis III, Clifford Ellis Lewis, Julian Carlton Lewis, and Katherine Virginia Lewis Jones; and 11 grandchildren; and WHEREAS, it is only fitting and proper that a lasting memorial to Mr. Lewis' life of service to this state be established. PART IX WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and WHEREAS, Deputy Paugh was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, known by friends and family as "J.D.," Deputy Paugh was a dedicated deputy with the Richmond County Sheriff's Office for 17 years; and 4404 JOURNAL OF THE SENATE WHEREAS, Deputy Paugh's life was tragically cut short after stopping behind a vehicle on Interstate Route 520 in Augusta-Richmond County when the occupant of the vehicle opened fire upon him; and WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and WHEREAS, a native of Augusta, Georgia, Deputy Paugh was the beloved son of Wayne and Anita Paugh and father of Brandon; and WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him. PART X WHEREAS, Mr. John S. Gibson played a vital role in leadership and demonstrated deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Gibson was born in Folkston, Georgia, one of 11 beloved children of William Owen and Julia Ann Gibson; and WHEREAS, a graduate of Georgia State Normal College and Business Institute, Mr. Gibson was admitted to the bar in 1922 and had a reputation as an aggressive trial lawyer who was well known for his colorful and humorous arguments; and WHEREAS, Mr. Gibson served as solicitor-general for the City of Douglas and the Waycross Circuit Court before serving as a United States Congressman for the Eighth District of Georgia; and WHEREAS, he represented the people of Georgia for three terms and is credited with playing a decisive role in the passage of the Servicemen's Readjustment Act of 1944, better known as the G.I. Bill; and WHEREAS, he was a person of magnanimous strengths with an unimpeachable reputation for integrity, intelligence, fairness, and kindness; and WHEREAS, Mr. Gibson served with honor and distinction for the State of Georgia and this nation, and his vision and unyielding commitment set the standard for public service; and WHEREAS, it is abundantly fitting and proper that the outstanding accomplishments of this remarkable and distinguished Georgian be appropriately recognized. THURSDAY, MARCH 29, 2012 4405 PART XI WHEREAS, written and composed by Ricky Fitzpatrick, "Highway 98" describes the joy of traveling down one of Georgia's great highways; and WHEREAS, the lyrics tell of local landmarks from Commerce to Danielsville to the farms and barns of Midway and beyond; and WHEREAS, a long, straight, and picturesque road, Highway 98 is surrounded by pastures and wide open spaces; and WHEREAS, the feeling of freedom and nostalgia for a simpler time that one gets when driving down Highway 98 is depicted perfectly in the lyrics of Fitzpatrick's "Highway 98"; and WHEREAS, it is abundantly fitting and proper that "Highway 98" be recognized for its promotion of Georgia and its tribute to one of this state's great roads. PART XII WHEREAS, Mrs. Ruth B. Crawford has long been recognized by the citizens of this state for the vital role that she has played in leadership and her deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mrs. Crawford earned a bachelor's degree from Paine College and a master's degree from Indiana University and dedicated 38 years to uplifting the lives of students through her work in the field of education; and WHEREAS, upon her retirement from the Richmond County School System in 1977, Mrs. Crawford founded the Shiloh Comprehensive Community Center, where she served for 30 years as founding executive administrator; and WHEREAS, her contributions to education and her community have been recognized with numerous honors and accolades, including the Jefferson Award for Outstanding Service from WJBF-TV, Humanitarian of the Year Award from University Hospital, Good Samaritan Award from the St. Joseph Foundation, Anna Eleanor Roosevelt Award from Alpha Kappa Alpha Sorority, and a Women of Distinction Award from the Girl Scouts of America; and WHEREAS, a resident of Augusta, Georgia, Mrs. Crawford is a long-time supporter of Paine College, serves as a charter member of the Presidents Club, has been selected as one of the Distinguished Alumni, and assisted in designing the school flag; and WHEREAS, Mrs. Crawford has lived on State Route 4 in Richmond County for over 45 years, where she has attended Williams Memorial CME Church and dedicated her time to improving the lives of others in the community; and 4406 JOURNAL OF THE SENATE WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART XIII WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Deputy James D. Paugh on October 23, 2011; and WHEREAS, Deputy Paugh was highly regarded by the citizens of his community and state and by local government officials as a person of unquestioned integrity and dedication to the sound principles of law enforcement; and WHEREAS, known by friends and family as "J.D.," Deputy Paugh was a dedicated member of the Richmond County Sheriff's Office for 17 years; and WHEREAS, Deputy Paugh's life was cut tragically short while protecting the public near the interchange of U.S. Route 78/State Route 10 with Interstate Route 520 in AugustaRichmond County; and WHEREAS, he exhibited extraordinary devotion to duty, outstanding loyalty, fine leadership, and meticulous attention to detail in all his duties, and his efficient and effective commitment to excellence was continually recognized by his peers; and WHEREAS, Deputy Paugh was a dedicated public servant who will long be remembered for his courage and selflessness, and he will be missed by all who had the great fortune of knowing him. PART XIV WHEREAS, the State of Georgia mourns the loss of one of its most distinguished citizens with the passing of Mr. John B. Box on February 12, 2012; and WHEREAS, Mr. Box was a well known and beloved resident of Greene County, Georgia, where he owned The Richland Bar for nearly 30 years; and WHEREAS, a talented artist, Mr. Box sung professionally for over three decades and served as the headlining artist for such stars as Frank Sinatra, Tony Bennett, Perry Como, and Al Martino; and WHEREAS, known as the Golden Voice of Greensboro, Mr. Box performed the National Anthem at numerous local sporting events and public gatherings; and WHEREAS, a man of deep and abiding faith, Mr. Box was a long-time member of First United Methodist Church, where he contributed to the chorus; and THURSDAY, MARCH 29, 2012 4407 WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART XV WHEREAS, Harold Shedd is highly regarded by the citizens of Haralson County and the State of Georgia as a giant and a visionary in the music industry; and WHEREAS, he was born on November 8, 1931, and began work in Bremen as a member of a local band; and WHEREAS, he worked in radio for 14 years as a disk jockey, engineer, sales manager, and, finally, station owner and, in 1972, he sold radio station WWCC and moved to Nashville, Tennessee where, by 1979, he was co-owner of the Music Mill recording studio, which during its heyday was known as one of the top ten recording studios in Nashville; and WHEREAS, he was instrumental in discovering the group Alabama and signing them to RCA and producing 21 consecutive number one hits for the band, a record that stands to this day; and WHEREAS, he also produced albums for Roger Miller, Mel Tillis, Louise Mandrell, Dobie Gray, K. T. Oslin, Glen Campbell, and Willie Nelson; and WHEREAS, his collaboration with Reba McIntire led to her first gold record; and WHEREAS, in 1988, he joined Mercury Polygram Records Nashville where, over the next six years, he oversaw the signing of Kentucky Headhunters, Shania Twain, Billy Ray Cyrus, Toby Keith, and Kathy Mattea; and WHEREAS, in 1989, he was inducted into the Georgia Music Hall of Fame; and WHEREAS, he is still the all-time, number one country independent record producer; and WHEREAS, it is fitting and proper to dedicate United States Highway 27 in Haralson County from the Polk County line to the Carroll County line as the Harold Shedd Highway as an appropriate tribute to this outstanding Georgian. 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 4408 JOURNAL OF THE SENATE 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 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, Lieutenant Kelso C. Horne served as a guardian of this nation's freedom and liberty as a second lieutenant in the 82nd Airborne Division during World War II; and WHEREAS, Lieutenant Horne was a resident of Dublin, Georgia, and graced the cover of LIFE magazine on August 14, 1944, as a representation of the one of thousands of men who were fighting to win the battle for France; and WHEREAS, at 2:06 A.M. on June 6, 1944, Lieutenant Horne leapt from his transport plane and parachuted into Normandy; and WHEREAS, after weeks of fighting to gain ground against the enemy, Lieutenant Horne was at the head of an infantry column that was advancing on a German-held town when he was stopped by a staff car and asked to be photographed; and WHEREAS, Lieutenant Horne was injured by shellfire in July 1944, and as he healed from his injuries in England he saw his photo on the cover of LIFE magazine; and THURSDAY, MARCH 29, 2012 4409 WHEREAS, after he returned home from the war, Lieutenant Horne continued to serve his country with the United States Postal Service; and WHEREAS, it is only fitting and proper that a lasting tribute to Lieutenant Horne's memory and life of service to his country be established. PART XVIII WHEREAS, Hugh Carroll Butler was born on September 1, 1934, in Ramhurst, Georgia, and passed away on December 22, 2010; and WHEREAS, he lived in Port Wentworth, Georgia, for 48 years after moving to the area with his wife while serving in the United States Air Force; and WHEREAS, he was a member of the city council of Port Wentworth for 20 years; and WHEREAS, he served for many years as the chairman of the Good Samaritan Committee of Port Wentworth, which was formed to help travelers in need of assistance and to deliver baskets of food to needy families during the Christmas season; and WHEREAS, Carroll was a member of the Lions Club for over 25 years and served as its president on several occasions; and WHEREAS, he was an active member of the First Baptist Church of Port Wentworth for 45 years, serving as a deacon and Sunday school director; and WHEREAS, he and his wife of nearly 55 years, Carolyn Scott Butler, were blessed with two children, four grandchildren, and two great-grandchildren; and WHEREAS, it is only fitting and proper that the life well lived of Hugh Carroll Butler, with his devotion to his family, his church, his community, and his country, be memorialized with a lasting monument. PART XIX WHEREAS, Mr. Jim Wetherington has long been recognized by the citizens of this state for the vital role he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and WHEREAS, Mr. Wetherington diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service to the Columbus Police Department, the State Board of Pardons and Paroles, and the Department of Corrections; and 4410 JOURNAL OF THE SENATE WHEREAS, he earned a bachelor's degree from Columbus State University and a master's degree from Georgia State University; and WHEREAS, he served as a guardian of this nation's freedom and liberty with the United States Army; and WHEREAS, Mr. Wetherington served as president of the Georgia Association of Chiefs of Police, an organization which recognized him as Police Chief of the Year in 1994; and WHEREAS, his significant organizational and leadership talents, his remarkable patience and diplomacy, his keen sense of vision, and his sensitivity to the needs of the citizens of this state earned him the respect and admiration of his colleagues and associates; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of this distinguished Georgian be appropriately recognized. PART XX WHEREAS, Mrs. Glenda and Dr. John Covington have been residents of Paulding County, Georgia, since 1958; and WHEREAS, in addition to a establishing a thriving and caring medical practice in Paulding County, Dr. Covington opened a local branch of Citizens Bank and a savings and loan bank; and WHEREAS, Dr. Covington served as Paulding County's medical examiner for several years, is a founding member of the county chapter of the Jaycees, and built the medical arts clinic/hospital in the 1960's; and WHEREAS, he has been recognized with numerous honors and accolades, including Jaycees 1970's Citizen of the Year and the 2010 Chamber of Commerce Citizen of the Year; and WHEREAS, Dr. and Mrs. Covington's six remarkable children inspired them to ensure all children of Paulding County had access to a safe place to play, and they were instrumental in the building of the recreation center in Dallas; and WHEREAS, it is abundantly fitting and proper that the extraordinary accomplishments of these distinguished Georgians be appropriately recognized. PART XXI WHEREAS, the freedoms that we as Americans enjoy are guarded by the men and women who proudly serve in our country's armed forces; and THURSDAY, MARCH 29, 2012 4411 WHEREAS, Sergeant Major James E. Jones, a citizen of the town of Alapaha in Berrien County, went missing in action and was presumably killed on October 6, 1966, while on an intelligence gathering mission in Laos with the United States Army's Fifth Special Forces; and WHEREAS, Sergeant Major Jones was serving his second tour of duty in Southeast Asia at the time he was declared missing in action; and WHEREAS, it is only fitting and proper that this American hero be honored by dedicating a bridge in his honor. PART XXII WHEREAS, the State of Georgia contains countless historical sites and geographical regions which are rich in educational and recreational features; and WHEREAS, the Metro Atlanta Region contains many features which reach back to Georgia's diverse and fascinating heritage, including the cultural and historical development along this historic trail; and WHEREAS, the Pulitzer Prize winning author of Gone With the Wind, Margaret Mitchell, whose novel continues to sell in record numbers after 75 years in print, attracts visitors internationally and domestically to the area, providing an economic impact to the State of Georgia; and WHEREAS, Gone With the Wind continues to promote diversity through Margaret Mitchell's support of Morehouse College for more than 60 years, as well as her work in helping to integrate the Atlanta Police Department and establishing both Caucasian and African-American clinics at Grady Hospital in Atlanta; and WHEREAS, the designated sites, while being individually significant, would provide a stronger and more lasting impact on tourism as a legislated partnership in the form of a Gone With the Wind Trail; and WHEREAS, it is important in preserving representations of this past and heritage, and in promoting future economic growth, that this site and region be identified, marketed, promoted, and managed; and WHEREAS, the designation of the Georgia Gone With the Wind Trail serves to enhance visibility and recognition for our state both nationally and internationally. PART XXIII WHEREAS, Mr. John Flournoy has long been recognized by the citizens of this state for the vital role that he has played in leadership and his deep personal commitment to the welfare of the citizens of Georgia; and 4412 JOURNAL OF THE SENATE WHEREAS, a graduate of Columbus High School and the University of North Carolina at Chapel Hill, Mr. Flournoy is the founder and CEO of Flournoy Development Company, Flournoy Construction Company, and Flournoy Properties; and WHEREAS, his companies have been involved in residential, industrial, and commercial construction in the Southeast for 44 years and never failed to complete a contract; and WHEREAS, Mr. Flournoy served as a guardian of this nation's freedom and liberty with the United States Marine Corps as a fighter pilot during the Vietnam War and has been decorated with 15 air medals and the Navy Distinguished Flying Cross; and WHEREAS, he has earned the highest civilian award for support of the infantry, the Order of St. Maurice from the Infantry Commandant, and the Nobel Patron of Armor from the Armor Commandant for his support of all Armor soldiers; and WHEREAS, Mr. Flournoy has diligently and conscientiously devoted innumerable hours of his time, talents, and energy toward the betterment of his community and state as evidenced dramatically by his superlative service for 44 years with the Boys and Girls Club; and WHEREAS, it is abundantly fitting and proper that the outstanding contributions of this remarkable and distinguished Georgian be appropriately recognized. PART XXIV WHEREAS, Mr. Thomas R. "Tommie" Irvin was a seventh generation Georgian who attended high school in Habersham County, where he was a talented athlete and member of the football, basketball, and baseball teams; and WHEREAS, Mr. Irvin served as a guardian of this nation's freedom and liberty with the United States military during World War II, achieved the rank of sergeant in Company K 245th infantry Regiment 63rd Division, and was decorated with a bronze star, good conduct medal, World War II victory medal, and occupation medal; and WHEREAS, upon his return from the war, Mr. Irvin found his passion in car racing and raced on the famed Daytona Beach road course and Soldiers Field in Chicago before becoming the 16th member of NASCAR in the late 1940s; and WHEREAS, an inductee in the Georgia Racing Hall of Fame, he won his biggest race in 1955 at Lakewood Speedway in Atlanta and opened the Banks County Speedway, which became the starting place for many young drivers who later became famous; and WHEREAS, a passionate coon hunter, Mr. Irvin won the World Championship for coon hunting in 1973, and he raised many Redbone Coonhounds that became show and hunting champions; and THURSDAY, MARCH 29, 2012 4413 WHEREAS, Mr. Irvin was a dedicated public servant, devoting his time and energy to the Georgia Department of Agriculture for 34 years before his retirement from his position as head of the Equine Division; and WHEREAS, he was united in love and marriage to his wife, Sara Alice, and he was blessed with four children, Yvonne, Bruce, Bobby, and Danny; seven grandchildren; and seven great-grandchildren; and WHEREAS, it is only fitting and proper that the life and memory of Mr. Irvin be appropriately recognized. PART XXV NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that: (1) The bridge on Catoosa Parkway over Tiger Creek in Catoosa County is dedicated as the Bert Ward Memorial Bridge; (2) The entire length of Snapfinger Road in DeKalb County from its intersection with Wesley Chapel Road to the Henry County line is dedicated as the Martin Luther King, Jr. Parkway; (3) This body desires to honor Roy Parrish by renaming the portion of US 27/SR 1 from the city limits of Fort Oglethorpe south to Shields Crossing as the Roy Parrish Parkway; (4) The portion of State Route 92 in Cherokee County from Neese Road to Trickum Road is dedicated as the Johnny Hunt Highway; (5) This body hereby joins in honoring veterans of the Korean War and dedicates Interstate 59 in Dade County from the Alabama state line to the interchange with I-24 as the Korean War Veterans Memorial Highway; (6) This body hereby joins in honoring the life and memory of Marine Lance Corporal William Taylor Richards and dedicates the portion of Highway 11 in Dade County from the Alabama state line to the Tennessee state line as the Lance Corporal William Taylor Richards Memorial Highway; (7) The interchange at Interstate 575 and Ridgewalk Parkway in the City of Woodstock is dedicated as the William G. Long Interchange at Ridgewalk Parkway; (8) This body hereby joins in honoring the life and memory of Mr. Preston B. Lewis, Jr., and dedicates the portion of U.S. Highway 25N from Waynesboro to Walnut Branch as the Preston B. Lewis, Jr., Memorial Highway; (9) The portion of Interstate Route 520 in Richmond County from Exit 2 (Wrightsboro Road) to Exit 3 (Gordon Highway) is dedicated as the Deputy James D. Paugh Memorial Highway; (10) That US 441 in Coffee County from the Douglas city limits to the Atkinson County line is dedicated as the John S. Gibson Memorial Highway; (11) That this body hereby joins in recognizing Ricky Fitzpatrick's "Highway 98" and dedicates State Route 98 from Commerce to Ila as the "Highway 98" by Ricky 4414 JOURNAL OF THE SENATE Fitzpatrick Highway; (12) That the portion of State Route 4 in Richmond County from Martin Luther King, Jr. Boulevard to Laney Walker Boulevard is dedicated as the Ruth B. Crawford Highway; (13) That the interchange of U.S. Route 78/State Route 10 with Interstate Route 520 in Augusta-Richmond County is dedicated as the Deputy James D. Paugh Memorial Interchange; (14) That the bridge on SR 12/US 278 over Richland Creek in Greene County is dedicated as the John B. Box Memorial Bridge; (15) That United States Highway 27 in Haralson County from the Polk County line to the Carroll County line is dedicated as the Harold Shedd Highway; (16) That the portion of SR 2/US 411 in Murray County between the Eton city line and Cohutta Springs Road is dedicated as the Charles N. "Judy" Poag Memorial Highway; (17) That this body hereby joins in honoring the life and memory of Lieutenant Kelso C. Horne and dedicates the portion of U.S. Route 441/State Route 117 in Laurens County from State Route 19 to U.S. Route 80 as the Kelso Horne Memorial Highway; (18) That the bridge on SR 25 over the Norfolk Southern railroad tracks in the city limits of Port Wentworth in Chatham County is dedicated as the Hugh Carroll Butler Memorial Bridge; (19) That the interchange at Interstate 85 and J.R. Allen Parkway in Muscogee County is dedicated as the Jim Wetherington Interchange; (20) That Highway 92N in Paulding County from its intersection with U.S. 278 to GA 120 is dedicated as the Mrs. Glenda and Dr. John Covington Highway; (21) That the bridge over the Alapaha River on U.S. Highway 82 East in Berrien County be dedicated as the Sergeant Major James E. Jones Memorial Bridge; (22) That the appropriate public roads and highways identified within Marietta, Atlanta, and Jonesboro by the Georgia Gone With the Wind Trail Committee with input from the appropriate county and municipal governing authorities be designated as the Georgia Gone With the Wind Trail; (23) That the interchange of Interstate 185/State Route 411 with State Route 520/State Route 1 in Muscogee County is dedicated as the John Flournoy Interchange; (24) That this body hereby joins in honoring the life and memory of Mr. Thomas R. "Tommie" Irvin and dedicates the intersection of Highway 441 and Apple Pie Ridge Road in Banks County as the Tommie Irvin Memorial Intersection; (25) That Part XVI and the sixteenth undesignated paragraph of Part XIX of Senate Resolution 1075 (Ga. L. 2010, p. 362) are hereby repealed; (26) That Part V and the fifth undesignated paragraph of Part XXVIII of House Resolution 507 (Ga. L. 2011, p. 900) are hereby repealed; (27) The Department of Transportation is authorized and directed to erect and maintain appropriate signs dedicating the road facilities named in this resolution; and (28) The Secretary of the Senate is authorized and directed to transmit appropriate copies of this resolution to the Department of Transportation, the family of Mr. Bert THURSDAY, MARCH 29, 2012 4415 Ward, the family of Rev. Martin Luther King, Jr., the family of Roy Parrish, Jr., the family of Dr. Johnny M. Hunt, and the family of Marine Lance Corporal William Tyler Richards, the Honorable William G. Long, the family of Mr. Preston B. Lewis, Jr., the family of Mr. John S. Gibson, Ricky Fitzpartick, Mrs. Ruth B. Crawford, the family of Deputy James D. Paugh, the family of Mr. John B. Box, Harold Shedd, the family of Mr. Charles N. "Judy" Poag, the family of Lieutenant Kelso C. Horne, the family of Mr. Hugh Carroll Butler, Mr. Jim Wetherington, Mrs. Glenda and Dr. John Covington, the family of Sergeant Major James E. Jones, Mr. John Flournoy, and the family of Mr. Thomas R. "Tommie" Irwin. Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SR 843. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon C Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 843. The following bill was taken up to consider House action thereto: SB 50. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Code Section 15-6-95 of the Official Code of Georgia Annotated, relating to priorities of distribution of fines, 4416 JOURNAL OF THE SENATE forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, so as to add certain fees for funding of local victim assistance programs into the list of priorities; 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 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, so as to remove provisions relating to the accused consenting to an alternate location for session of court; to change the priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court; to add certain fees to the list of priorities; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to superior courts, is amended by revising paragraph (1) of subsection (c) of Code Section 15-6-18, relating to alternative locations, as follows: "(1) In each county of this state having a population of not more than 50,000 according to the United States decennial census of 1990 or any future such census, if for any cause it shall or may be impractical to hold any session or sitting of any superior or state court at the courthouse or other place provided by law therefor or if it should appear to the governing authority of the county that the best interest of the public would be served by the furnishing of alternate or additional facilities for the holding of any session or sitting of any superior or state court, it shall be lawful to hold court and any session or sitting thereof at such place or places as the governing authority of the county in and for which the court is to be held may from time to time, by appropriate resolution, provide for such purpose, provided that no session or sitting of any superior court or state court may be held under this subsection at any place that is not open to and accessible by the public; provided, further, that no criminal jury trial shall be conducted in such alternate or additional facility without the consent of the accused unless such location is a facility owned or leased by the governing authority of the county; and" SECTION 2. Said chapter is further amended by revising Code Section 15-6-95, relating to priorities of distribution of fines, forfeitures, surcharges, additional fees, and costs in cases of partial payments into the court, as follows: THURSDAY, MARCH 29, 2012 4417 "15-6-95. Notwithstanding any law to the contrary, a clerk of any superior court of this state who receives partial payments, as ordered by the court, of criminal fines, forfeitures, or costs shall distribute said sums in the order of priority set forth below: (1) The amount provided for in Chapter 17 of Title 47 for the Peace Officers' Annuity and Benefit Fund; (2) The amount provided for in Chapter 14 of Title 47 for the Superior Court Clerks' Retirement Fund of Georgia; (3) The amount provided for in Chapter 16 of Title 47 for the Sheriffs' Retirement Fund of Georgia; (4) The amounts provided under subparagraphs (a)(1)(A) and (a)(2)(A) of Code Section 15-21-73; (5) The amounts provided for under subparagraphs (a)(1)(B) and (a)(2)(B) of Code Section 15-21-73; (6) The amount as may be provided in Chapter 15 of Title 36 for county law libraries; (7)(6) The surcharge amounts provided for in Chapter 21 of this title Code Section 15-21-93 for jail construction and staffing; (7) The amount provided for in Code Section 15-21-131 for funding local victim assistance programs; (8) The amount provided for in Code Section 36-15-9 for county law libraries; (9) The balance of the base fine owed to the county; (8)(10) The surcharge amount provided for in cases of driving under the influence for purposes of state crime victim compensation the Georgia Crime Victims Emergency Fund under Code Section 15-21-112; (9)(11) The application fee provided for in subsection (c) or (e) of Code Section 1521A-6; (10) The balance of the fine shall be paid to the county; and (12) The amount provided for in cases of driving under the influence for purposes of the Brain and Spinal Injury Trust Fund under Code Section 15-11-149; (11)(13) The amount provided for in Code Section 15-21-100 After the final partial or installment payment, the surcharge provided for in Code Sections 15-21-100 and 15-21-101 for the Drug Abuse Treatment and Education Fund; and (14) The amounts provided for in subsection (d) of Code Section 42-8-34." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Hamrick of the 30th moved that the Senate agree to the House substitute to SB 50. On the motion, a roll call was taken and the vote was as follows: 4418 JOURNAL OF THE SENATE Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 50. The following bill was taken up to consider House action thereto: SB 37. By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others: 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 provide for the termination of certain rental and lease agreements; 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 provide for multiyear lease agreements managed by the State Properties Commission; 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 THURSDAY, MARCH 29, 2012 4419 the authority to enter into multiyear lease or rental agreements; to provide for legislative oversight of certain multiyear lease or rental agreements by the General Assembly; to provide for fiscal policies for multiyear lease or rental agreements to be adopted by the Georgia State Financing and Investment Commission; to provide for related matters; to provide a contingent effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 2 of Chapter 16 of Title 50 of the Official Code of Georgia Annotated, relating to the "State Properties Code," is 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 therefor, as follows: "50-16-41. (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 own space but only for leases that are for a term of one year or less, within the State of Georgia, and required for their core mission. The commission shall manage the utilization of administrative space for all multiyear lease agreements entered into on behalf of any state entity, including the Board of Regents of the University System of Georgia and the Georgia Department of Labor. 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 4420 JOURNAL OF THE SENATE obligation to advise the Office of Planning and Budget and state entities of costeffective, 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 and for a term not to exceed 20 years. The space shall be assigned to the state entity or entities requiring the space. A multiyear lease resulting from a sale and lease back shall be treated as a conveyance of real property by the state and shall be reviewed for approval or disapproval by the General Assembly and Governor in the same manner as a conveyance of state properties provided for in Code Section 50-16-39. (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 may pay to the commission rental charges, as determined by the commission, for the utilization of the space; and the commission shall may, in turn, use the rental charges so paid for the purpose of paying or partially 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 THURSDAY, MARCH 29, 2012 4421 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 for administrative space utilized by state entities 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 provide for the payment of rent 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. (j) The commission shall provide a multiyear leasing report annually, no later than September 1 of each year, to the Governor, President of the Senate, Speaker of the House of Representatives, chairpersons of the Senate Appropriations Committee and the House Committee on Appropriations, and chairpersons of the Senate State Institutions and Property Committee and the House Committee on State Institutions and Property. The report shall provide the total sum of all leasing obligations to be paid by the state for the upcoming fiscal year. Such report shall include an itemization and total of all revenues collected from the previous fiscal year and provide an itemized budget allocation for the upcoming fiscal year. The report shall also provide a list of all existing multiyear lease agreements and the identity of the contracting parties for each. (j)(k) 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. (l)(1) The Georgia State Financing and Investment Commission is authorized to establish fiscal policies regarding multiyear lease and rental agreements and, each fiscal year, may establish a total multiyear contract value authority. During the fiscal year, the multiyear contract value authority may be revised as determined necessary by the Georgia State Financing and Investment Commission. The total multiyear contract value authority may be based upon the Governor's revenue estimate for subsequent fiscal years and other information as determined by the Georgia State 4422 JOURNAL OF THE SENATE Financing and Investment Commission. (2) No multiyear lease or rental agreement shall be entered into under the provisions of this Code section until the Georgia State Financing and Investment Commission has established the fiscal policies and multiyear contract value authority for the current and future fiscal years. Any multiyear lease or rental agreement entered into that is not in compliance with such fiscal policies and multiyear contract value authority shall be void and of no effect. (3) At the beginning of each fiscal year, a budget unit's appropriations shall be encumbered for the estimated payments for any multiyear lease and rental agreements in that fiscal year. The commission shall have the right to terminate, without further obligation, any multiyear lease or rental agreement if the commission determines that adequate funds will not be available for the payment obligations of the commission under the agreement. The commission's determination regarding the availability of funds for its obligations shall be conclusive and binding on all parties to the multiyear lease or rental agreement." SECTION 2. This Act shall become effective on January 1, 2013; provided, however, that this Act shall only become effective on January 1, 2013, upon the ratification of a resolution at the November, 2012, state-wide general election, which resolution amends the Constitution so as to provide for the authorization of 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 on January 1, 2013. SECTION 3. 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 37. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Tate Thompson, C THURSDAY, MARCH 29, 2012 4423 Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 37. Senator Tolleson of the 20th asked unanimous consent that HB 929, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 929, having been taken from the Table, was put upon its passage. HB 929. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others: A BILL to be entitled an Act to repeal an Act creating the office of assistant district attorney in each judicial circuit having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 31, 1976 (Ga. L. 1976, p. 3584), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1679); 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone 4424 JOURNAL OF THE SENATE Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Williams On the passage of the bill, the yeas were 52, nays 0. HB 929, having received the requisite constitutional majority, was passed. Senator Tolleson of the 20th asked unanimous consent that HB 930, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 930, having been taken from the Table, was put upon its passage. HB 930. By Representatives O`Neal of the 146th, Harden of the 147th, Dickey of the 136th, Nimmer of the 178th, Sims of the 169th and others: A BILL to be entitled an Act to repeal an Act providing for a supplemental expense allowance for the judges of the superior courts of each judicial circuit within this state having a population of not less than 103,000 and not more than 135,000 according to the United States decennial census of 1970 or any future such census, approved March 23, 1977 (Ga. L. 1977, p. 727), as amended, particularly by an Act approved April 15, 1992 (Ga. L. 1992, p. 1680); 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 Albers Y Balfour Y Bethel Y Bulloch Y Hamrick Y Harbison Y Heath Y Henson Y Orrock Y Paris Y Ramsey Y Rogers THURSDAY, MARCH 29, 2012 4425 Y Butler Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 49, nays 0. HB 930, having received the requisite constitutional majority, was passed. Senator Hill of the 32nd was excused as a Conferee. Senator Thompson of the 5th was excused for business outside the Senate Chamber. Senator Bethel of the 54th asked unanimous consent that HB 1048, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 1048, having been taken from the Table, was put upon its passage. HB 1048. By Representative Willard of the 49th: A BILL to be entitled an Act to amend Code Section 9-11-4 of the Official Code of Georgia Annotated, relating to process, so as to change provisions relating to who may serve process; to amend Code Section 15-6-77 of the Official Code of Georgia Annotated, relating to fees collected by superior court clerks, so as to provide for filing fees for applications for certified process servers; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Bethel of the 54th. The report of the committee, which was favorable to the passage of the bill, was agreed to. 4426 JOURNAL OF THE SENATE On the passage of the bill, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn N Goggans Y Golden N Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack C Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Tate E Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 47, nays 3. HB 1048, having received the requisite constitutional majority, was passed. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 896. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4427 The House has agreed to the Senate substitute, as amended by the House, to the following Resolution of the House: HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; 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 amendment to the House substitute to the following Bill of the Senate: SB 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate amendment, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for 4428 JOURNAL OF THE SENATE privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Knight of the 126th, McCall of the 30th, and Wilkinson of the 52nd. The following bill was taken up to consider House action thereto: SB 356. By Senators Murphy of the 27th, Cowsert of the 46th, Hamrick of the 30th, Mullis of the 53rd, Miller of the 49th and others: A BILL to be entitled an Act to amend Code Section 15-6-2 of the O.C.G.A., relating to the number of superior court judges for each judicial circuit, so as to provide for an additional judge of the Bell-Forsyth Judicial Circuit; to provide for the initial appointment of such judge by the Governor; to provide for the election and term of office of such judge; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to provide effective dates; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 15 of the Official Code of Georgia Annotated, relating to courts, so as to provide for an additional judge of the courts of the Bell-Forsyth and Piedmont judicial circuits; to provide for the initial appointment of such judges by the Governor; to provide for the election and terms of office of such judges; to provide for the compensation, salary, and expense allowance of such judges to be paid by the State of Georgia and the counties comprising the judicial circuits; to provide for jurors; to authorize the judges of the circuits to divide and allocate the work and duties thereof and provide for the duties of the chief judges and presiding judges; to provide for powers, duties, and responsibilities of judges of said circuits; to provide for additional court reporters and personnel and the compensation of such reporters and personnel; to declare inherent authority; to amend an Act entitled "An Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for an additional judge of the superior courts of Cobb, Cordele, Dublin, Enotah, and Gwinnett judicial circuits," approved May 29, 2007 (Ga. L. 2007, p. 695), so as to THURSDAY, MARCH 29, 2012 4429 provide for the selection of the chief judge of the Gwinnett Judicial Circuit; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended by revising paragraphs (5.1) and (32) of Code Section 15-6-2, relating to the number of superior court judges for each judicial circuit, as follows: "(5.1) Bell-Forsyth Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3" "(32) Piedmont Circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4" PART II SECTION 2-1. A new judge of the superior court is added to the Bell-Forsyth Judicial Circuit, thereby increasing to three the number of judges of said circuit. SECTION 2-2. The additional judge of the superior court of the Bell-Forsyth Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2013, and expiring December 31, 2014, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2014, for a term of four years beginning on January 1, 2015, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 2-3. The additional judge of the superior court of the Bell-Forsyth Judicial Circuit shall have and may exercise all powers, duties, dignities, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of said court may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 2-4. The chief judge of the Bell-Forsyth Judicial Circuit shall be the judge who has the most experience as a sitting judge of a superior court in the State of Georgia. The three judges of said court may adopt, promulgate, amend, and enforce such rules of practice and 4430 JOURNAL OF THE SENATE procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall equally share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement between the judges as to the operation of the superior court, the majority shall rule, or failing a majority, the decision of the chief judge shall control. SECTION 2-5. The qualifications of such additional judge and his or her successors shall be the same as are now provided by law for all other superior court judges. The additional judge's compensation, salary, and expense allowance from the State of Georgia and from Forsyth County shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by Forsyth County of the salary of the judges of the superior court of the Bell-Forsyth Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 2-6. All writs, processes, orders, subpoenas, and any other official papers issuing out of the superior court of the Bell-Forsyth Judicial Circuit may bear teste in the name of any judge of said circuit and, when issued by and in the name of any of said judges of said circuit, shall be fully valid and may be held and determined before any judge of said circuit. All writs and processes in the superior court of the Bell-Forsyth Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, or as they may hereafter be fixed or determined by law, and all terms of said courts shall be held in the same manner as though there were but one judge. SECTION 2-7. The choosing of all jurors, whether grand or trial, may be by any of the judges of the superior court of said circuit; and any such judge of the superior court of said circuit shall have full power and authority to choose jurors for service in said court so as to have jurors for the trial of cases before each of said judges separately or before each of them at the same time. SECTION 2-8. The three judges of the superior court of the Bell-Forsyth Judicial Circuit shall be authorized to employ an additional court reporter for such duties and for such compensation as such judges see fit, up to and including, but not exceeding, the remuneration of the present court reporters of the Bell-Forsyth Judicial Circuit as the same is now fixed or may hereafter be fixed. The additional judge shall be authorized to employ other court personnel on the same basis as other judges of the Bell-Forsyth Judicial Circuit. THURSDAY, MARCH 29, 2012 4431 SECTION 2-9. The governing authority of the county comprising the Bell-Forsyth Judicial Circuit is authorized to provide suitable courtrooms, jury rooms, and chambers for the judges of the superior court of the Bell-Forsyth Judicial Circuit upon the recommendation of said judges. PART III SECTION 3-1. A new judge of the superior court is added to the Piedmont Judicial Circuit, thereby increasing to four the number of judges of said circuit. SECTION 3-2. The additional judge of the superior court of the Piedmont Judicial Circuit shall be appointed by the Governor for a term beginning January 1, 2013, and expiring December 31, 2014, and until his or her successor is elected and qualified. His or her successor shall be elected in the manner provided by law for the election of judges of the superior courts of this state at the nonpartisan judicial election in 2014, for a term of four years beginning on January 1, 2015, and until his or her successor is elected and qualified. Future successors shall be elected at the nonpartisan judicial election each four years after such election for terms of four years and until their successors are elected and qualified. They shall take office on the first day of January following the date of the election. SECTION 3-3. The additional judge of the superior court of the Piedmont Judicial Circuit of Georgia shall have and may exercise all powers, duties, dignity, jurisdiction, privileges, and immunities of the present judges of the superior courts of this state. Any of the judges of the Piedmont Judicial Circuit may preside over any cause, whether in their own or in other circuits, and perform any official act as judge thereof, including sitting on appellate courts as provided by law. SECTION 3-4. The qualifications of such additional judge and his or her successors and his or her compensation, salary, and expense allowance from the State of Georgia and from the counties of the superior court of the Piedmont Judicial Circuit shall be the same as are now provided by law for all other superior court judges. The provisions, if any, enacted for the supplementation by the counties of said circuit of the salary of the judges of the superior court of the Piedmont Judicial Circuit shall also be applicable to the additional judge provided for by this Act. SECTION 3-5. All writs and processes in the superior court of the Piedmont Judicial Circuit shall be returnable to the terms of said superior court as they are now fixed and provided by law, 4432 JOURNAL OF THE SENATE or as they may hereafter be fixed or determined by law, and all terms of said court shall be held in the same manner as though there were but one judge, it being the intent and purpose of this Act to provide four judges equal in jurisdiction and authority to attend and perform the functions, powers, and duties of the judges of said superior court and to direct and conduct all hearings and trials in said court. SECTION 3-6. Upon and after qualification of the additional judge of the superior court of the Piedmont Judicial Circuit, the judges of said court may adopt, promulgate, amend, and enforce such rules of practice and procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall share, divide, and allocate the work and duties to be performed by each. In the event of a disagreement among the judges as to the operation of the superior court, the majority shall rule, or failing a majority, the decision of the senior judge in point of service, who shall be known as the chief judge, shall control. SECTION 3-7. The choosing of all jurors, whether grand or trial, may be by any of the judges of the superior court of the circuit; and any such judge shall have full power and authority to choose jurors for service in said court so as to have jurors for the trial of cases before any of said judges separately or before each of them at the same time. SECTION 3-8. The judges of the Piedmont Judicial Circuit shall be authorized and empowered to appoint an additional court reporter for such circuit, whose compensation shall be as now or hereafter provided by law. SECTION 3-9. All writs, processes, orders, subpoenas, and any other official paper issuing out of the superior courts of the Piedmont Judicial Circuit may bear teste in the name of any judge of the Piedmont Judicial Circuit and, when issued by and in the name of any judge of said circuit, shall be fully valid and may be heard and determined before the same or any other judge of said circuit. Any judge of said circuit may preside over any case therein and perform any official act as judge thereof. SECTION 3-10. Upon request of any judge of the circuit, the governing authorities of the counties comprising the Piedmont Judicial Circuit shall be authorized to furnish the judges of said circuit with suitable courtrooms and facilities, office space, telephones, furniture, office equipment, supplies, and such personnel as may be considered necessary by the court to the proper function of the court. All of the expenditures authorized in this Act shall be expenses of the court and payable out of the county treasury as such. THURSDAY, MARCH 29, 2012 4433 PART IV SECTION 4-1. An Act entitled "An Act to amend Code Section 15-6-2 of the Official Code of Georgia Annotated, relating to the number of judges of superior court, so as to provide for an additional judge of the superior courts of Cobb, Cordele, Dublin, Enotah, and Gwinnett judicial circuits," approved May 29, 2007 (Ga. L. 2007, p. 695), is amended by revising Sections 6-5 and 6-6 as follows: "SECTION 6-5. Upon and after qualification of the additional judge of the superior court of the Gwinnett Judicial Circuit, the ten judges of said court shall be authorized to adopt, promulgate, amend, and enforce such rules of procedure in consonance with the Constitution and laws of the State of Georgia as they deem suitable and proper for the effective transaction of the business of the court; and, in transacting the business of the court and in performing their duties and responsibilities, they shall divide and allocate the work and duties to be performed by each. In the event of a disagreement between or among said judges affecting the duties and responsibilities of the judges of the superior court of the Gwinnett Judicial Circuit, the decision of the chief judge of the circuit shall be controlling. SECTION 6-6. The chief judge of the Gwinnett Judicial Circuit shall be elected from among the judges by a 50 percent vote of the total number of judges voting. In the event no person obtains at least 50 percent of the vote after three ballots, the chief judge shall be the eligible judge having the most seniority. The term for a chief judge shall be two years, and a person may be elected to successive terms. The chief judge shall be vested with the power to make all appointments whenever the law provides for the superior court judge to make appointments, except as herein provided." PART V SECTION 5-1. Nothing in this Act shall be deemed to limit or restrict the inherent powers, duties, and responsibilities of superior court judges provided by the Constitution and statutes of the State of Georgia. SECTION 5-2. (a) For purposes of making the initial appointments of the judges to fill the superior court judgeships created by this Act, this Act shall become effective upon its approval by the Governor or its becoming law without such approval. (b) For all other purposes, this Act shall become effective on January 1, 2013. 4434 JOURNAL OF THE SENATE SECTION 5-3. 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 356. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack C Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 49, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 356. The following resolution was taken up to consider House action thereto: SR 84. By Senators Carter of the 1st, Jackson of the 24th, Staton of the 18th, Rogers of the 21st, Williams of the 19th and others: A RESOLUTION proposing an amendment to the Constitution so as to authorize the General Assembly to allow state entities 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. THURSDAY, MARCH 29, 2012 4435 The House substitute was as follows: A RESOLUTION Proposing an amendment to the Constitution of Georgia so as to authorize the General Assembly to allow certain state entities 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: "Paragraph XIII. 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, and the Georgia Department of Labor 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 insufficient funds." 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 the state's operating costs by allowing the General Assembly ( ) NO to authorize certain state agencies to enter into multiyear rental agreements?" 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 Carter of the 1st moved that the Senate agree to the House substitute to SR 84. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Harbison Y Heath Y Orrock Y Paris Y Ramsey 4436 JOURNAL OF THE SENATE Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Goggans Y Golden Y Gooch Y Grant Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SR 84. The following bill was taken up to consider House action thereto: SB 441. By Senators Crosby of the 13th, Hamrick of the 30th, Grant of the 25th, Ramsey, Sr. of the 43rd and Murphy of the 27th: 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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; to provide for penalties; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The House substitute was as follows: 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 establish the offense of unlawful pointing of a laser device at a law enforcement officer; to amend Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, so as to prohibit aiming a laser pointer or projecting a laser on or at an aircraft; 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. THURSDAY, MARCH 29, 2012 4437 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 adding a new Code section to read as follows: "16-10-34. (a) For purposes of this Code section, the term 'laser device' means a device designed to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. Such term also means a device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or other means or that emits light which simulates the appearance of a beam of light. (b) It shall be unlawful for any person to knowingly and intentionally project upon a law enforcement officer any laser device without such officer's permission if: (1) The law enforcement officer is lawfully acting within the course and scope of employment; and (2) The person has knowledge or reason to know that the law enforcement officer is employed as: (A) A peace officer as defined in paragraph (8) of Code Section 35-8-2; (B) A probation officer, or other employee with the power of arrest, by the Department of Corrections; (C) A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles; (D) A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; or (E) A juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities. (c) Any person who violates subsection (b) of this Code section shall be guilty of a high and aggravated misdemeanor. (d) It shall not be a defense to a prosecution for a violation of this Code section that the laser device was pointed at such officer through a glass, window, or other transparent or translucent object. (e) Each violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separately from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section." 4438 JOURNAL OF THE SENATE SECTION 2. Chapter 11 of Title 16 of the Official Code of Georgia Annotated, relating to offenses against public order and safety, is amended by adding a new Code section to read as follows: "16-11-45. (a) As used in this Code section, the term: (1) 'Laser' means any device that projects a beam or point of light by means of light amplification by stimulated emission of radiation or a device that emits light which simulates the appearance of a laser. (2) 'Laser pointer' means any device designed or used to amplify electromagnetic radiation by stimulated emission that emits a beam designed to be used by the operator as a pointer or highlighter to indicate, mark, or identify a specific position, place, item, or object. (b) Except as otherwise provided in subsection (c) of this Code section, whoever knowingly and intentionally aims the beam of a laser pointer, or projects a laser, at an aircraft or at the flight path of an aircraft shall be guilty of a misdemeanor. (c) Laser or laser pointer airspace uses that have been reviewed and approved by the Federal Aviation Administration are exempt from the provisions of this Code section." SECTION 3. This Act shall become effective on July 1, 2012, and shall apply to offenses committed on or after such date. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Crosby of the 13th moved that the Senate agree to the House substitute to SB 441. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Orrock Y Paris Y Ramsey Rogers Y Seay Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C THURSDAY, MARCH 29, 2012 4439 Davis Y Fort Y Ginn Y Goggans Y Golden N Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 441. The following bill was taken up to consider House action thereto: HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. Senator Bulloch of the 11th asked unanimous consent that the Senate adhere to its amendment to HB 875 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, Bulloch of the 11th and Mullis of the 53rd. The following bill was taken up to consider House action thereto: SB 319. By Senators Jeffares of the 17th, Tolleson of the 20th, Chance of the 16th, Tippins of the 37th and Bulloch of the 11th: A BILL to be entitled an Act to amend Code Section 12-3-10 of the Official Code of Georgia Annotated, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to repeal conflicting laws; and for other purposes. 4440 JOURNAL OF THE SENATE The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Title 12 of the Official Code of Georgia Annotated, relating to conservation, so as to revise certain provisions relating to the use of boats in the waters of state parks, historic areas, and recreational areas; to revise certain provisions relating to the use of live-aboard boats at marinas or docking stations; to amend Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, so as to revise certain provisions relating to boats considered public nuisances; 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, is amended in Code Section 12-3-10, relating to the ordering of persons to leave parks, historic sites, or recreational areas upon their refusal to observe rules and to prohibited acts generally, by revising subsections (e), (g), (h), and (i) as follows: "(e) It With the exceptions of law enforcement and official use by the department, it shall be unlawful for any person to have or use a privately owned boat on any of the following state park lakes: have or use a boat on the waters of any park, historic site, or recreational area in violation of any prohibition or restriction posted therein by the department. The posting of signs at entrances of a park, historic site, or recreational area designating any prohibitions of, or restrictions on the use of, boats on the waters of that park, historic area, or recreational area shall constitute sufficient notice for the entire park, historic area, or recreational area. (1) A. H. Stephens Federal Lake and Lake Liberty; or (2) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from May 1 through Labor Day of each year." "(g) It shall be unlawful for any person to have or use a boat, other than one on official business, with other than paddles or a portable bow or stern mounted electric trolling motor on any of the following state park lakes: (1) Black Rock Mountain Lake; (2) James H. 'Sloppy' Floyd Lake; (3) A. H. Stephens-Lake Buncombe; (4) Franklin D. Roosevelt-Lake Franklin or Lake Delano; (5) John D. Tanner Lake (the 12 acre lake); (5.1) John D. Tanner Lake (the 24 acre lake), provided that this prohibition shall apply only from the day after Labor Day each year through April 30 of the following year; (6) Sweetwater Creek Lake; THURSDAY, MARCH 29, 2012 4441 (7) Hard Labor Creek Lake (the 37 acre lake); (8) Fort Mountain Lake; (9) Vogel Lake; or (10) Unicoi Lake. Reserved. (h) It shall be unlawful for any person to use a boat, other than one on official business, with a motor which is neither an electric trolling motor nor ten horsepower or less on the following state park lakes: (1) Fort Yargo Lake; (2) Hamburg Lake; (3) Hard Labor Creek Lake (the 275 acre lake); (4) High Falls Lake; (5) Indian Springs Lake; (6) Kolomoki Mounds Lake; (7) Stephen C. Foster Lake; (8) Laura S. Walker Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); (9) Little Ocmulgee Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset); and (10) Magnolia Springs Lake (between 7:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and 11:00 A.M. eastern standard time or eastern daylight time, whichever is applicable, and between 6:00 P.M. eastern standard time or 7:00 P.M. eastern daylight time, whichever is applicable, and sunset). Reserved. (i) It shall be unlawful for any person to fish in waters of any park, historic site, or recreational area, except for boat fishing between the hours of 7:00 A.M. and sunset and bank or wade fishing between the hours of 7:00 A.M. and 10:00 P.M., unless otherwise prohibited. It shall also be unlawful to fish in waters of any park, historic site, or recreational area which have been closed and posted by the department for fisheries management purposes." SECTION 2. Said title is further amended by revising paragraph (8) of Code Section 12-5-282, relating to definitions, as follows: "(8) 'Live-aboard' means a floating vessel or other water craft watercraft capable of safe, mechanically propelled navigation under average Georgia coastal wind and current conditions which is moored to a dock, tree, or piling or anchored in the estuarine waters of the state and is utilized as a human or animal abode and is located at a marina or a mooring area established by the department. Live-aboards include 4442 JOURNAL OF THE SENATE but are not limited to monohulls, multihulls, houseboats, floating homes, and other floating structures which are used for human or animal habitation." SECTION 3. Said title is further amended by revising paragraph (8) of subsection (b) of Code Section 12-5-288, relating to activities and structures considered to be contrary to the public interest for purposes of issuing permits allowing alteration of coastal marshlands, as follows: "(8) Occupying a live-aboard for more than 30 90 days during any calendar year; provided, however, that the commissioner may grant extensions of time beyond 30 90 days to persons making a request in writing stating the reasons for such extension. Owners of docks where live-aboards are moored as well as owners and occupants of live-aboards are responsible under this part." SECTION 4. Chapter 1 of Title 52 of the Official Code of Georgia Annotated, relating to general provisions relative to waters of the state, ports, and watercraft, is amended by revising paragraph (3) of Code Section 52-1-3, relating to definitions relative to the protection of tidewaters, as follows: "(3) 'Structure' means any structure located upon any tidewaters of this state, whether such structure is floating upon such tidewaters and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, or is built upon pilings embedded in the beds of such tidewaters when such structure is being or has been used or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such tidewaters; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-10. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located." SECTION 5. Said chapter is further amended by revising paragraph (4) of Code Section 52-1-32, relating to definitions relative to right of passage, as follows: "(4) 'Structure' means any structure located upon any navigable stream or river of this state, whether such structure is floating upon such navigable stream or river and is made fast by the use of lines, cables, anchors, or pilings, or any combination thereof, THURSDAY, MARCH 29, 2012 4443 or is built upon pilings embedded in the beds of such navigable stream or river when such structure is being, has been, or is capable of being used as a place of habitation, dwelling, sojournment, or residence for any length of time; is not being used or is not capable of being used as a means of transportation upon such navigable stream or river; and is not owned, occupied, or possessed pursuant to a permit issued by the commissioner pursuant to Code Section 52-1-39. Such structures may include, but are not limited to, vessels not being used in navigation; provided, however, that structures do not include vessels which are capable of navigation and are tied up at marinas live-aboards, as defined in Code Section 12-5-282. Structures shall also not include fishing camps, bait shops, restaurants, or other commercial establishments permitted under Part 4 of Article 4 of Chapter 5 of Title 12, the 'Coastal Marshlands Protection Act of 1970,' as amended, which do not discharge sewage into the waters of the state and are operated in conformance with the zoning ordinances, if any, of the municipality or county in which they are located." SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Jeffares of the 17th 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 Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams 4444 JOURNAL OF THE SENATE On the motion, the yeas were 54, nays 0; 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 390. By Senator Bulloch of the 11th: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to the certification of seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, so as to provide immunity from civil liability for the agency designated to provide for seed certification; to revise provisions relating to claims filed with the Seed Arbitration Council for damages relating to seed or tree nonconformity or nonperformance; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 11 of Title 2 of the Official Code of Georgia Annotated, relating to seeds and plants, is amended by revising Code Section 2-11-52, relating to the designation of an agency for certification of seeds and plants and to liability for damages resulting from certification work, as follows: "2-11-52. In order to execute the policy stated in Code Section 2-11-50, the dean of the College of Agricultural and Environmental Sciences of the University of Georgia is authorized to provide for seed, plant, and variety certification and labeling. The dean shall designate the Georgia Crop Improvement Association, Inc., as a certifying agency, provided that the Georgia Crop Improvement Association, Inc., such designee must be in good standing with the Association of Official Seed Certifying Agencies. The College of Agricultural and Environmental Sciences of the University of Georgia shall not be held responsible for any claim, debt, obligation, or damage of any kind to any person in conducting certification work or in the work of the certifying agent. The certifying agency so designated by the dean shall, along with its employees, be immune from liability to the same extent as the state and state officers and employees under Article 2 of Chapter 21 of Title 50, 'The Georgia Tort Claims Act.'" THURSDAY, MARCH 29, 2012 4445 SECTION 2. Said chapter is further amended in Code Section 2-11-73, relating to the filing of complaints with the Seed Arbitration Council, by revising subsection (a) as follows: "(a) When any farmer or seed purchaser alleges to have been damaged by the failure of any agricultural, flower, tree, shrub, or vegetable seed, except for vegetable and flower seed in packets weighing less than one pound for use in home gardens or household plantings, to conform to or perform as represented by the label required to be attached to such seed under Code Section 2-11-22 or by warranty or as a result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary in time for the seed, crop, or plants to be inspected to determine if the alleged deficiencies warrant arbitration. Whenever any farmer or commercial fruit or nut tree purchaser alleges to have been damaged by the failure of any commercial fruit or nut tree to be the variety represented by the label or invoice or by warranty or as the result of negligence, as a prerequisite to the purchaser's right to maintain a legal action against the seller, the purchaser shall submit a complaint against the seller alleging the damages sustained or to be sustained and shall file such complaint with the Commissioner within ten days after the alleged defect or violation becomes apparent to allow inspection of the alleged deficiencies if deemed necessary in time for the trees to be inspected to determine if the alleged deficiencies warrant arbitration. Upon receipt, the Commissioner shall send a copy of the complaint to the seller by registered or certified mail or statutory overnight delivery." 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 390. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner 4446 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Gooch Y Grant Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 390. The following bill was taken up to consider House action thereto: SB 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate insist on its amendment to the House substitute to SB 234. The consent was granted, and the Senate insisted on its amendment to the House substitute to SB 234. The following bill was taken up to consider House action thereto: SB 483. By Senators Mullis of the 53rd, Rogers of the 21st, Chance of the 16th, Golden of the 8th, Unterman of the 45th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4447 The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, so as to change the term and manner of the election of the chairperson of the Public Service Commission; to provide for an effective date; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 2 of Title 46 of the Official Code of Georgia Annotated, relating to organization and members of the Public Service Commission, is amended by revising Code Section 46-2-5, relating to chairman of the commission and selection, as follows: "46-2-5. (a) There shall be a chairman chairperson of the commission. The chairperson shall be selected by a simple majority of the members of the commission. The chairperson currently serving on the effective date of this Code section shall serve for a term of office as chairperson until January 1, 2013, or until his or her term as a member of the commission shall expire, whichever is shorter. Each subsequent chairperson shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. Any four members of the commission may call for an election of a chairperson at any time prior to the end of the term of a chairperson; provided, however, that such elections shall not be held more than twice per calendar year, except in the case of a vacancy by the chairperson; and provided, further, that any chairperson so elected shall serve for a two-year term of office as chairperson or until his or her term as a member of the commission shall expire, whichever is shorter. No commissioner shall be elected or serve as chairperson for more than two consecutive terms. The chairman shall be selected on an annual basis. The initial chairman selected under this Code section shall take office within 15 days after April 20, 1992, and shall serve for a term of office as chairman expiring January 1, 1993. Thereafter a new chairman shall take office within 15 days after the first day of January in 1993 and each subsequent year; and each such chairman shall serve for a one-year term of office as chairman. (b) The chairman shall be selected by the members of the commission according to the following rules; and for purposes of these rules, seniority on the commission shall be determined according to the longest period of continuous unbroken service: (1) A member of the commission with less than one year of continuous unbroken service on the commission shall not be eligible to take office as chairman; (2) A member of the commission who has previously served as chairman shall not be 4448 JOURNAL OF THE SENATE eligible to serve again as chairman until each other eligible member (i.e., each other member with more than one year of continuous service on the commission) has served as chairman or has deferred service as chairman; (3) Subject to paragraphs (1) and (2) of this subsection, the most senior member of the commission who is eligible to serve as chairman shall be selected to the office of chairman; provided, however, that such member may elect to defer service as chairman for a period of one year, at the conclusion of which year such member shall resume his place at the head of the order of rotation for the chairmanship; and (4) If in any year the foregoing rules fail to provide for a chairman because two or more members have equal seniority, then the member to serve as chairman shall be selected by lot. (c) Anything in subsection (b) of this Code section to the contrary notwithstanding, the members of the commission may by unanimous vote of the members select any member as chairman for any given year for a term of office as chairman as specified in subsection (a) of this Code section. (d)(b) The chairman chairperson shall give his or her entire time to the duties of his the office." SECTION 2. This Act shall become effective on December 31, 2012. 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 483. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis N Fort Y Ginn Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner N Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 29, 2012 4449 Y Goggans Y Golden Y Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Unterman Y Wilkinson Y Williams On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 483. Senator Goggans of the 7th assumed the Chair. The following bill was taken up to consider House action thereto: SB 385. By Senators Shafer of the 48th, Goggans of the 7th, Bethel of the 54th and McKoon of the 29th: A BILL to be entitled an Act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for the confidentiality of certain records of the Commissioner of Insurance; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection; to revise certain provisions regarding reinsurance; 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 the confidentiality of certain records of the Commissioner of Insurance to extend to state, federal, or international regulatory law enforcement; to provide for exceptions; to provide for certain premium taxes and the rate and manner of collection to include state participation in certain agreements with other states; to revise certain provisions regarding reinsurance; to revise certain provisions regarding reinsurance credits applicable to an assuming insurer licensed in its state of domicile or of certain alien assuming insurers; to provide that certain notices of insurance cancellation may be delivered with the monthly bill for such insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Georgia Annotated, relating to insurance, is amended by revising subsections (g) and (i) of Code Section 33-2-14, relating to preparation of 4450 JOURNAL OF THE SENATE written reports of examinations generally, certification of reports, admissibility in evidence, notice and hearing on reports, and use of examination documents, as follows: "(g) Notwithstanding the provisions of Article 4 of Chapter 18 of Title 50, relating to the inspection of public records, all work papers, analysis, recorded information, documents, copies information received from another state, and any other materials created, produced, or obtained by or disclosed to the Commissioner or any other person in the course of an examination made under this chapter or in the course of analysis by the Commissioner of the financial condition or market conduct of a company must be given confidential treatment and are not subject to subpoena and may not be made public by the Commissioner or any other person. Access may be granted to authorized representatives of the National Association of Insurance Commissioners. Such representatives must agree in writing prior to receiving the information to treat such information confidentially as required by this Code section, unless the prior written consent of the company to which it pertains has been obtained." "(i) Nothing contained in this Code section shall prevent or be construed as prohibiting the Commissioner from disclosing the contents of an examination report, preliminary examination report, or results or any matter relating thereto to the insurance department of this or any other state or country or to work papers, analysis, information, or a document described in subsection (g) of this Code section to state, federal, or international regulatory agencies or state, federal, or international law enforcement officials of this or any other state or agency of the federal government at any time authorities so long as such agency or office receiving the report or matter relating thereto recipient agrees in writing to treat such report confidentially and in a manner consistent with this title." SECTION 2. Said title is further amended by revising subsection (b) of Code Section 33-5-31, relating to payment by broker of tax for privilege of doing business and computation and allocation of tax, as follows: "(b) If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44 and a surplus line policy covers risks or exposures located or to be performed both in and out of this state, the sum payable shall be computed based on an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state." SECTION 3. Said title is further amended by revising subsection (b) of Code Section 33-5-33, relating to filing of report by persons procuring insurance with unauthorized insurers and levy, collection, and disposition of tax by persons procuring such insurance, and adding a new subsection to read as follows: THURSDAY, MARCH 29, 2012 4451 "(b) For If this state participates in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-5-44, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his property or interests, a tax at the rate of 4 percent of the gross premium paid for any such insurance covering risks or exposures located or to be performed both in and out of this state, after deduction of return premiums, if any. The sum payable shall be computed based upon an amount equal to 4 percent of that portion of the gross premiums allocated to this state plus an amount equal to the portion of premiums allocated to other states or territories on the basis of the tax rates and fees applicable to properties, risks, or exposures located or to be performed outside this state. Such tax shall be paid to the Commissioner coincidentally with the filing of the report provided for in subsection (a) of this Code section. (b.1) If this state does not participate in a cooperative agreement, compact, or reciprocal agreement with other states pursuant to Code Sections 33-5-40 through 33-544, then for the general support of the government of this state, there is levied and there shall be collected from every such insured in this state for the privilege of so insuring his or her property or interests both in and out of this state, a tax at the rate of 4 percent of the gross premium paid for any such insurance, after deduction of return premiums, if any. Such tax shall be paid to the Commissioner coincidently with the filing of the report provided for in subsection (a) of this Code section." SECTION 4. Said title is further amended by revising Code Section 33-5-41, relating to Governor authorized to enter into cooperative agreement, compact, or reciprocal agreement for collection of insurance premium taxes, as follows: "33-5-41. The Governor, on behalf of the state, advised by and in consultation with the Commissioner of Insurance, is authorized to enter into a cooperative agreement, compact, or reciprocal agreement with another state or states for the purpose of the collection of insurance premium taxes imposed by Code Section Sections 33-5-31 and 33-5-33." SECTION 5. Said title is further amended by revising Code Section 33-7-14, relating to reinsurance of risks, as follows: "33-7-14. (a) Credit for reinsurance shall be allowed a domestic ceding insurer as either an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of paragraph (1), (2), (3), (4), or (5), or (6) of this subsection. Credit shall be allowed under paragraph (1), (2), or (3) of this subsection only with respect to cessions of those kinds of classes of business for which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile, or in the 4452 JOURNAL OF THE SENATE case of a United States branch of an alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. If meeting the requirements of paragraph (3) or (4) of this subsection, the requirements of paragraph (6) (7) of this subsection must shall also be met: (1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this state; (2) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer by the Commissioner in this state. An accredited In order to be eligible for accreditation, a reinsurer is one which shall: (A) Files File with the Commissioner evidence of its submission to this state's jurisdiction; (B) Submits Submit to this state's authority to examine its books and records; (C) Is Be licensed to transact insurance or reinsurance in at least one state, or in the case of a United States branch of an alien assuming insurer, is be entered through and licensed to transact insurance or reinsurance in at least one state; and (D) Files File annually with the Commissioner a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement; and: (i) Maintains a surplus with regard to policyholders in an amount which is not less than $20 million and whose accreditation has not been denied by the Commissioner within 90 days of its submission; or (ii) Maintains a surplus with regard to policyholders in an amount less than $20 million and whose accreditation has been approved by the Commissioner. No credit shall be allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the Commissioner after notice and hearing; (E) Demonstrate to the satisfaction of the Commissioner that it has adequate financial capacity to meet its reinsurance obligations and is otherwise qualified to assume reinsurance from domestic insurers. An assuming insurer is deemed to meet this requirement as of the time of its application if it maintains a surplus as regards policyholders in an amount of not less than $20 million and its accreditation has not been denied by the Commissioner within 90 days after the submission of its application; (3) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or, in the case of a United States branch of an alien assuming insurer, is entered through a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this Code section and the assuming insurer or United States branch of an alien assuming insurer: (A) Maintains a surplus with regard to policyholders in an amount not less than $20 million; and (B) Submits to the authority of this state to examine its books and records. Subparagraph (A) of this paragraph shall not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system; THURSDAY, MARCH 29, 2012 4453 (4)(A) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section, for the payment of the valid claims of its United States policyholders and ceding insurers, their assigns, and successors in interest. The assuming insurer shall report annually to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners Annual Statement form by licensed insurers to enable the Commissioner to determine the sufficiency of the trust fund. In the case of a single assuming insurer, the trust shall consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than $20 million; provided, however, that, at any time after the assuming insurer has permanently discontinued underwriting new business secured by trust for at least three full years, the commissioner with principal regulatory oversight of the trust may authorize a reduction of the required trusteed surplus, but only after a finding, based upon an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development. The risk assessment may involve an actuarial review, including an independent analysis of reserves and cash flows, and shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates and the effect of the surplus requirements on the assuming insurer's liquidity or solvency. The minimum required trusteed surplus may not be reduced to an amount less than 30 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust. In the case of a group including incorporated and individual unincorporated underwriters, the trust shall consist of a trusteed account representing the group's in an amount not less than the respective underwriters' liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group for all years of account; the incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members; and, within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, the group shall make available provide to the Commissioner an annual certification of the solvency of each underwriter by the group's domiciliary regulator or, if a certification is unavailable, financial statements prepared by and its independent public accountants of each member of the group. (B) In the case of a group of incorporated insurers under common administration which complies with the filing requirements contained in subparagraph (A) of this paragraph and which has continuously transacted an insurance business outside the 4454 JOURNAL OF THE SENATE United States for at least three years immediately prior to making application for accreditation, and submits to this state's authority to examine its books and records and bears the expense of the examination, and which has aggregate policyholders' surplus of $10 billion; the trust shall be in an amount equal to the group's several liabilities attributable to business ceded by the United States ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of such group; plus the group shall maintain a joint trusteed surplus of which $100 million shall be held jointly for the benefit of United States ceding insurers of any member of the group as additional security for any such liabilities, and within 90 days after its financial statements are due to be filed with the group's domiciliary regulator, each member of the group shall make available to the Commissioner an annual certification of the member's solvency by the member's domiciliary regulator and financial statements prepared by its independent public accountant. (C) Such trust shall be established in a form Credit for reinsurance shall not be granted under this paragraph unless the form of the trust and any amendments to the trust have been approved by the Commissioner commissioner of the state where the trust is domiciled or the commissioner of another state, who, pursuant to the terms of the trust agreement, has accepted principal regulatory oversight of the trust. The form of the trust and any trust amendments also shall be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instruments instrument shall provide that contested claims shall be valid and enforceable upon the final order of any court of competent jurisdiction in the United States. The trust shall vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers, their assigns, and successors in interest. The trust and the assuming insurer shall be subject to examination as determined by the Commissioner. The trust must remain in effect for as long as the assuming insurer shall have outstanding obligations due under the reinsurance agreements subject to the trust. (D) No later than February 28 of each year the trustees of the trust shall report to the Commissioner in writing setting forth the balance of the trust and listing the trust's investments as of the end of the preceding year and shall certify the date of termination of the trust, if so planned, or certify that the trust shall not expire prior to the next following December 31; (5) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), or (4) of this subsection but only with respect to the insurance of risks located in jurisdictions where such reinsurance is required by applicable law or regulation of that jurisdiction; and if such assuming insurer has been certified by the Commissioner as a reinsurer in this state and secures its obligations in accordance with the requirements of this subsection. (A) In order to be eligible for certification, the assuming insurer shall meet the following requirements: (i) The assuming insurer shall be domiciled and licensed to transact insurance or reinsurance in a qualified jurisdiction, as determined by the Commissioner THURSDAY, MARCH 29, 2012 4455 pursuant to subparagraph (C) of this paragraph; (ii) The assuming insurer shall maintain minimum capital and surplus, or its equivalent, in an amount to be determined by the Commissioner pursuant to regulation; (iii) The assuming insurer shall maintain financial strength ratings from two or more rating agencies deemed acceptable by the Commissioner pursuant to regulation; (iv) The assuming insurer shall agree to submit to the jurisdiction of this state, appoint the Commissioner as its agent for service of process in this state, and agree to provide security for 100 percent of the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers if it resists enforcement of a final United States judgment; (v) The assuming insurer shall agree to meet applicable information filing requirements as determined by the Commissioner, both with respect to an initial application for certification and on an ongoing basis; and (vi) The assuming insurer shall satisfy any other requirements for certification deemed relevant by the Commissioner. (B) An association including incorporated and individual unincorporated underwriters may be a certified reinsurer. In order to be eligible for certification, in addition to satisfying requirements of subparagraph (A) of this paragraph: (i) The association shall satisfy its minimum capital and surplus requirements through the capital and surplus equivalents, net of liabilities, of the association and its members, which shall include a joint central fund that may be applied to any unsatisfied obligation of the association of any of its members, in an amount determined by the Commissioner to provide adequate protection; (ii) The incorporated members of the association shall not be engaged in any business other than underwriting as a member of the association and shall be subject to the same level of regulation and solvency control by the association's domiciliary regulator as are the unincorporated members; and (iii) Within 90 days after its financial statements are due to be filed with the association's domiciliary regulator, the association shall provide to the Commissioner an annual certification by the association's domiciliary regulator of the solvency of each underwriter member; or if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the association. (C) The Commissioner shall create and publish a list of qualified jurisdictions under which an assuming insurer licensed and domiciled in such jurisdiction is eligible to be considered for certification by the Commissioner as a certified reinsurer. (i) In order to determine whether the domiciliary jurisdiction of a non-United States assuming insurer is eligible to be recognized as a qualified jurisdiction, the Commissioner shall evaluate the appropriateness and effectiveness of the reinsurance supervisory system of the jurisdiction, both initially and on an ongoing 4456 JOURNAL OF THE SENATE basis, and consider the rights, benefits, and the extent of reciprocal recognition afforded by the non-United States jurisdiction to reinsurers licensed and domiciled in the United States. A qualified jurisdiction shall agree to share information and cooperate with the Commissioner with respect to all certified reinsurers domiciled within that jurisdiction. A jurisdiction may not be recognized as a qualified jurisdiction if the Commissioner has determined that the jurisdiction does not adequately and promptly enforce final United States judgments and arbitration awards. Additional factors may be considered in the discretion of the Commissioner. (ii) A list of qualified jurisdictions shall be published through the National Association of Insurance Commissioners (NAIC) Committee Process. The Commissioner shall consider this list in determining qualified jurisdictions. If the Commissioner approves a jurisdiction as qualified that does not appear on the list of qualified jurisdictions, the Commissioner shall provide thoroughly documented justification in accordance with criteria to be developed under regulations. (iii) United States jurisdictions that meet the requirement for accreditation under the NAIC financial standards and accreditation program shall be recognized as qualified jurisdictions. (iv) If a certified reinsurer's domiciliary jurisdiction ceases to be a qualified jurisdiction, the Commissioner has the discretion to suspend the reinsurer's certification indefinitely, in lieu of revocation. (D) The Commissioner shall assign a rating to each certified reinsurer, giving due consideration to the financial strength ratings that have been assigned by rating agencies deemed acceptable to the Commissioner pursuant to regulation. The Commissioner shall publish a list of all certified reinsurers and their ratings. (E) A certified reinsurer shall secure obligations assumed from United States ceding insurers under this subparagraph at a level consistent with its rating, as specified in regulations promulgated by the Commissioner. (i) In order for a domestic ceding insurer to qualify for full financial statement credit for reinsurance ceded to a certified reinsurer, the certified reinsurer shall maintain security in a form acceptable to the Commissioner and consistent with the provisions of subsection (b) of this Code section, or in a multibeneficiary trust in accordance with paragraph (4) of this subsection, except as otherwise provided in this paragraph. (ii) If a certified reinsurer maintains a trust to fully secure its obligations subject to paragraph (4) of this subsection, and chooses to secure its obligations incurred as a certified reinsurer in the form of a multibeneficiary trust, the certified reinsurer shall maintain separate trust accounts for its obligations incurred under reinsurance agreements issued or renewed as a certified reinsurer with reduced security as permitted by this subsection or comparable laws of other United States jurisdictions and for its obligations subject to paragraph (4) of this subsection. It shall be a condition to the grant of certification under this paragraph that the certified reinsurer shall have bound itself, by the language of the trust and THURSDAY, MARCH 29, 2012 4457 agreement with the commissioner with principal regulatory oversight of each such trust account, to fund, upon termination of any such trust account, out of the remaining surplus of such trust any deficiency of any other such trust account. (iii) The minimum trusteed surplus requirements provided in paragraph (4) of this subsection are not applicable with respect to a multibeneficiary trust maintained by a certified reinsurer for the purpose of securing obligations incurred under this subsection, except that such trust shall maintain a minimum trusteed surplus of $10 million. (iv) With respect to obligations incurred by a certified reinsurer under this subparagraph, if the security is insufficient, the Commissioner shall reduce the allowable credit by an amount proportionate to the deficiency, and shall have the discretion to impose further reductions in allowable credit upon finding that there is a material risk that the certified reinsurer's obligations will not be paid in full when due. (v) For purposes of this subparagraph, a certified reinsurer whose certification has been terminated for any reason shall be treated as a certified reinsurer required to secure 100 percent of its obligations: (I) As used in this subparagraph, the term 'terminated' refers to revocation, suspension, voluntary surrender, and inactive status. (II) If the Commissioner continues to assign a higher rating as permitted by other provisions of this paragraph, this requirement shall not apply to a certified reinsurer in inactive status or to a reinsurer whose certification has been suspended. (F) If an applicant for certification has been certified as a reinsurer in an NAIC accredited jurisdiction, the Commissioner shall have the discretion to defer to that jurisdiction's certification, and shall have the discretion to defer to the rating assigned by that jurisdiction, and such assuming insurer shall be considered to be a certified reinsurer in this state. (G) A certified reinsurer that ceases to assume new business in this state may request to maintain its certification in inactive status in order to continue to qualify for a reduction in security for its in-force business. An inactive certified reinsurer shall continue to comply with all applicable requirements of this paragraph, and the Commissioner shall assign a rating that takes into account, if relevant, the reasons why the reinsurer is not assuming new business; (6) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of paragraph (1), (2), (3), (4) or (5) of this subsection, but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction; (6)(7) If the assuming insurer is not licensed, or accredited, or certified to transact insurance or reinsurance in this state, the credit permitted by paragraphs (3) and (4) of this subsection shall not be allowed unless the assuming insurer agrees in the reinsurance agreements: (A) That, in the event of the failure of the assuming insurer to perform its 4458 JOURNAL OF THE SENATE obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of any court of competent jurisdiction in any state of the United States, will shall comply with all requirements necessary to give the court jurisdiction, and will shall abide by the final decision of such the court or of any appellate court in the event of an appeal; and (B) To designate the Commissioner or a designated attorney as its true and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on behalf of the ceding company insurer. This paragraph is not intended to conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes, if this obligation is created in the agreement; (8) If the assuming insurer does not meet the requirements of paragraph (1), (2), or (3) of this subsection, the credit permitted by paragraph (4) or (6) of this subsection shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions: (A) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subparagraphs (A) and (B) of paragraph (4) of this subsection, as applicable, or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund; (B) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies; (C) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part thereof are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part thereof shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement; and (D) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision. (9) If an accredited or certified reinsurer ceases to meet the requirements for accreditation or certification, the Commissioner may suspend or revoke the reinsurer's accreditation or certification. (A) The Commissioner shall give the reinsurer notice and opportunity for hearing. The suspension or revocation shall not take effect until after the Commissioner's order on hearing, unless: (i) The reinsurer waives its right to hearing; THURSDAY, MARCH 29, 2012 4459 (ii) The Commissioner's order is based on regulatory action by the reinsurer's domiciliary jurisdiction or the voluntary surrender or termination of the reinsurer's eligibility to transact insurance or reinsurance business in its domiciliary jurisdiction or in the primary certifying state of the reinsurer under subparagraph (F) of paragraph (5) of this subsection; or (iii) The Commissioner finds that an emergency requires immediate action and a court of competent jurisdiction has not stayed the Commissioner's action. (B) While a reinsurer's accreditation or certification is suspended, no reinsurance contract issued or renewed after the effective date of the suspension qualifies for credit except to the extent that the reinsurer's obligations under the contract are secured in accordance with subsection (b) of this Code section. If a reinsurer's accreditation or certification is revoked, no credit for reinsurance may be granted after the effective date of the revocation except to the extent that the reinsurer's obligations under the contract are secured in accordance with subparagraph (E) of paragraph (5) of this subsection or subsection (b) of this Code section. (10) Concentration Risk: (A) A ceding insurer shall take steps to manage its reinsurance recoverable proportionate to its own book of business. A domestic ceding insurer shall notify the Commissioner within 30 days after reinsurance recoverables from any single assuming insurers, or group of affiliated assuming insurers, exceeds 50 percent of the domestic ceding insurer's last reported surplus to policyholders, or after it is determined that reinsurance recoverables from any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (B) A ceding insurer shall take steps to diversify its reinsurance program. A domestic ceding insurer shall notify the Commissioner within 30 days after ceding to any single assuming insurer, or group of affiliated assuming insurers, more than 20 percent of the ceding insurer's gross written premium in the prior calendar year, or after it has determined that the reinsurance ceded to any single assuming insurer, or group of affiliated assuming insurers, is likely to exceed this limit. The notification shall demonstrate that the exposure is safely managed by the domestic ceding insurer. (b) A An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of subsection (a) of this Code section shall be allowed in an amount not exceeding the liabilities carried by the ceding insurer and such reduction shall be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with such assuming insurer as security for the payment of obligations thereunder, if such security is held in the United States subject to withdrawal solely by, and under the exclusive control of, the ceding insurer; or, in the case of a trust, held in a qualified United States financial institution, as defined in paragraph (2) of subsection (c) of this Code section. This security may be in the form 4460 JOURNAL OF THE SENATE of: (1) Cash; (2) Securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners, including those deemed exempt from filing as defined by the Purposes and Procedures Manual of the Securities Validation Office, and qualifying as admitted assets; (3) Clean, irrevocable, unconditional letters of credit, issued or confirmed by a qualified United States institution, as defined in paragraph (1) of subsection (c) of this Code section, no later than December 31 of the year for which filing is being made, and in the possession of, or in the trust for, the ceding company insurer on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation shall, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or (4) Any other form of security acceptable to the Commissioner. (c)(1) For purposes of paragraph (3) of subsection (b) of this Code section, 'qualified United States financial institution' means an institution that: (A) Is organized or, in the case of a United States office of a foreign banking organization, licensed under the laws of the United States or any state thereof; (B) Is regulated, supervised, and examined by the United States federal or state authorities having regulatory authority over banks and trust companies; and (C) Has been determined by either the Commissioner or the Securities Valuation Office of the National Association of Insurance Commissioners to meet such standards of financial condition and standing as are considered necessary and appropriate to regulate the quality of financial institutions whose letters of credit will be acceptable to the Commissioner. (2) A 'qualified United States financial institution' means, for the purposes of those provisions of this Code section specifying those institutions that are eligible to act as a fiduciary of a trust, an institution that: (A) Is organized or, in the case of a United States branch or agency office of a foreign banking organization, licensed under the laws of the United States or any state thereof and has been granted authority to operate with fiduciary powers; and (B) Is regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies." SECTION 6. Said title is further amended by revising paragraph (1) of subsection (c) of Code Section 33-24-45, relating to cancellation or nonrenewal of automobile or motorcycle policies and procedure for review by Commissioner, as follows: "(1) The named insured failed to discharge when due any of his obligations in connection with the payment of premiums on such policy or any installment of THURSDAY, MARCH 29, 2012 4461 premiums or the renewal of premiums, whether payable directly to the insurer or indirectly to the agent. Notwithstanding the provisions of subsection (d) of Code Section 33-24-44, such notice of cancellation issued to an insured, who is paying on a monthly basis, may be included with the bill issued to the insured, provided that the bill is mailed to the insured at least ten days prior to the due date;". SECTION 7. 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 385. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Goggans (PRS) Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 385. The President resumed the Chair. The following bill was taken up to consider House action thereto: HB 896. By Representatives Coleman of the 97th, Casas of the 103rd, Dudgeon of the 24th, Dickson of the 6th, Carter of the 175th and others: A BILL to be entitled an Act to amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for 4462 JOURNAL OF THE SENATE educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Finance Committee substitute to HB 896 (LC 34 3524S) by replacing lines 1 through 27 with the following: To amend Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, so as to change certain provisions regarding distribution of the sales tax for educational purposes; to provide for related matters; to provide for contingent effectiveness; to provide for automatic repeal under certain conditions; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 2 of Article 3 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to sales tax for educational purposes, is amended by revising Code Section 48-8143, relating to distribution of sales tax for educational purposes, as follows: "48-8-143. The net proceeds of the sales tax for educational purposes shall be distributed in the manner provided under Article VIII, Section VI, Paragraph IV(g) of the Constitution unless another distribution formula is provided for by the enactment of a local Act. Any such local Act providing for an alternate distribution formula shall not be amended during the time period for which the tax was imposed." SECTION 2. (a) This Act shall become effective on January 1, 2013, only if a Constitutional amendment is ratified at the November, 2012, general election providing that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county. (b) If such an amendment to the Constitution is not so ratified, then this Act shall not become effective and shall stand repealed by operation of law on January 1, 2013. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Tippins of the 37th moved that the Senate disagree to the House amendment to the Senate substitute to HB 896. THURSDAY, MARCH 29, 2012 4463 On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to the Senate substitute to HB 896. 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 175. By Representatives Casas of the 103rd, Harrell of the 106th, Davis of the 109th, Brockway of the 101st, Nix of the 69th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other educational programs under the "Quality Basic Education Act," so as to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems may offer their computer-based courses to students of other local school systems; to provide for definitions; to provide for procedures and requirements for offering a course through the 4464 JOURNAL OF THE SENATE clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; to provide for related matters; to repeal conflicting laws; and for other purposes. The House insists on its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the House: HB 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Stephens of the 164th, England of the 108th, and O`Neal of the 146th. The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House: HB 869. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in substituting the following Bill of the Senate: THURSDAY, MARCH 29, 2012 4465 SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; 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 492. By Senator Mullis of the 53rd: A BILL to be entitled an Act to amend Code Section 50-5-67 of the Official Code of Georgia Annotated, relating to state purchasing through competitive bidding, so as to require that state contract awards for heavy equipment follow certain specific procedures; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, so as to provide for certain multiple award schedule contracts for the purchase of equipment for commercial use applications; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 3 of Chapter 5 of Title 50 of the Official Code of Georgia Annotated, relating to general authority, duties, and procedure relative to state purchasing, is amended by revising subsection (b) of Code Section 50-5-67, relating to state purchasing through competitive bidding, as follows: "(b)(1) Except as otherwise provided for in this part, all contracts for the purchases of supplies, materials, equipment, or services other than professional and personal employment services made under this part shall, wherever possible, be based upon competitive bids and shall be awarded to the lowest responsible bidder, taking into consideration the quality of the articles to be supplied and conformity with the 4466 JOURNAL OF THE SENATE specifications which have been established and prescribed, the purposes for which the articles are required, the discount allowed for prompt payment, the transportation charges, and the date or dates of delivery specified in the bid and any other cost affecting the total cost of ownership during the life cycle of the supplies, materials, equipment, or services as specified in the solicitation document. Competitive bids on such contracts shall be received in accordance with rules and regulations to be adopted by the commissioner of administrative services, which rules and regulations shall prescribe, among other things, the manner, time, and places for proper advertisement for the bids, indicating the time and place when the bids will be received; the article for which the bid shall be submitted and the specification prescribed for the article; the amount or number of the articles desired and for which the bids are to be made; and the amount, if any, of bonds or certified checks to accompany the bids. Any and all bids so received may be rejected. (2)(A) As used in this paragraph, the term: (i) 'Commercial use applications' means self-propelled, self-powered, or pull-type equipment and machinery including diesel engines. The term shall not include motor vehicles requiring registration and certificate of title or equipment that is considered consumer goods, as that term is defined in Code Section 11-9-102. (ii) 'Multiple award schedule contract' means a contract that allows multiple vendors to be awarded a state contract for goods or services by providing catalogues of equipment and attachments to eligible purchasers including state agencies, departments, institutions, public school districts, and political subdivisions. Multiple award schedule contract bids shall be evaluated based upon a variety of factors, including but not limited to discounts, total life costs, service, warranty, machine performance and durability, resale value, product support, and past vendor performance. Multiple award schedule contracts shall allow multiple vendors to bid and be awarded a contract based upon the value of their products and demonstrated results in competitive pricing, product updates, transparency, administrative savings, expedited procurement, and flexibility for state purchasers. (B) When the commissioner of administrative services determines it to be in the best interest of the state, a multiple award schedule contract may be let for the purchase of equipment used for commercial use applications. All bidders for contracts for the purchase of equipment for commercial use applications shall be required to submit a complete bid package and be the authorized dealer or vendor for a leading manufacturer of equipment used for commercial use applications. Bidders may add additional equipment with a guaranteed minimum discount off the manufacturer's suggested consumer list price in the bid in order to increase the options available to the state. (C) Nothing in this paragraph shall limit multiple award schedule contracts to commercial use applications." SECTION 2. All laws and parts of laws in conflict with this Act are repealed. THURSDAY, MARCH 29, 2012 4467 Senator Mullis of the 53rd moved that the Senate agree to the House substitute to SB 492. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 492. The following bill was taken up to consider House action thereto: SB 337. By Senators Goggans of the 7th, Unterman of the 45th, Cowsert of the 46th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 33 of the Official Code of Georgia Annotated, relating to insurance generally, so as to provide for limitations on licensure requirements for certain health care providers; to prohibit the conditioning of certain licensing for health care providers on the participation in health insurance plans and other activities; 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 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, so as to provide that 4468 JOURNAL OF THE SENATE exemptions from certain unfair trade practices for certain wellness and health improvement programs and incentives include insurers issuing life plans; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 1 of Chapter 24 of Title 33 of the Official Code of Georgia Annotated, relating to general provisions relative to insurance generally, is amended by revising Code Section 33-24-59.13, relating to exemptions from certain unfair trade practices for certain wellness and health improvement programs and incentives, as follows: "33-24-59.13. (a) An insurer issuing life, 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, credits or rebates, contributions towards a member's health savings account, modifications to copayment, deductible, or coinsurance amounts, cash value, 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 life or health insurance master policy and certificates or the individual life or 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 2. All laws and parts of laws in conflict with this Act are repealed. Senator Golden of the 8th moved that the Senate agree to the House substitute to SB 337. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Hamrick Y Harbison Y Heath N Henson Y Hill, Jack Orrock Y Paris Y Ramsey Y Rogers Y Seay THURSDAY, MARCH 29, 2012 4469 Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 1; the motion prevailed, and the Senate agreed to the House substitute to SB 337. The following bill was taken up to consider House action thereto: SB 537. By Senator Jeffares of the 17th: A BILL to be entitled an Act to amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend an Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, so as to amend the powers of the mayor; to provide for a city administrator; to provide for powers and duties of the city administrator; to provide for an acting city administrator; to provide for emergencies; to provide for removal; to provide for vacancies; to provide for a referendum; to provide for a contingent effective date and automatic repeal; to repeal conflicting laws; and for other purposes. 4470 JOURNAL OF THE SENATE BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Act entitled "An Act to provide a new charter for the City of McDonough," enacted during the 2012 regular session of the General Assembly and printed in the 2012 Georgia Laws, is amended by revising Section 2.18 as follows: "SECTION 2.18. Chief executive officer. The mayor shall be the chief executive of this city. He or she shall possess all of the executive powers granted to the city under the Constitution and State of Georgia, and all of the executive powers contained in this charter." SECTION 2. Said Act is further amended by revising Section 2.19 as follows: "SECTION 2.19. Powers and duties of mayor. As the chief executive of this city the mayor: (1) Shall see that all laws and ordinances of the city are faithfully executed; (2) Shall preside at all meetings of the mayor and council; (3) May recommend to the council such measures relative to the affairs of the city, improvement of the government, and promotion of the welfare of its inhabitants as he or she may deem expedient; (4) May examine and audit all accounts of the city; (5) May require any department or agency of the city to submit written reports whenever he or she deems it expedient; (6) Shall perform other duties as may be required by general state law, this charter, or ordinance; (7) Shall be the head of the city for the purpose of service of process and for ceremonial purposes and the official spokesperson for the city and the chief advocate of policy; (8) Shall have the power to administer oaths and to take affidavits; (9) Shall 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; and (10) Shall vote on matters before the city council and be counted toward a quorum as any other councilmember." SECTION 3. Said Act is further amended by adding a new section to read as follows: THURSDAY, MARCH 29, 2012 4471 "SECTION 3.19. City administrator. (a) The mayor and council shall appoint a city administrator for an indefinite term and fix his or her compensation. The city administrator shall be appointed solely on the basis of education and experience in the accepted competencies and practices of local government management. (b) The city administrator shall serve as the mayor and city council's liaison with the city's employees. The administrator shall serve as the immediate supervisor for each of the city's department heads. In keeping with the city's organizational structure, requests or complaints between the city's employees and the mayor and city council shall be made through the administrator. (c) The city administrator shall be the chief administrative officer of the city, responsible to the mayor and council for the management of all city affairs placed in the administrator's charge by or under this charter. The city administrator shall: (1) Appoint and suspend or remove all city employees and appointive administrative officers provided for by or under this charter, except as otherwise provided by law, this charter, or personnel rules adopted pursuant to this charter. The city administrator may authorize any administrative officer 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. The city administrator shall have the right to take part in discussion but shall not vote; (4) See that all laws, provisions of this charter, and acts of the mayor and 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 budget and capital program to the mayor and council, and implement the final budget approved by council to achieve the goals of the city; (6) Submit to the mayor and 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 mayor and council may require concerning operations; (8) Keep the mayor and council fully advised as to the financial condition and future needs of the city; (9) Make recommendations to the mayor and council concerning the affairs of the city and facilitate the work of the mayor and council in developing policy; (10) Provide staff support services for the mayor and councilmembers; (11) Assist the mayor and council to develop long-term goals for the city and strategies to implement these goals; (12) Encourage and provide staff support for regional and intergovernmental 4472 JOURNAL OF THE SENATE cooperation; (13) Promote partnerships among mayor and council; staff; and citizens in developing public policy and building a sense of community; and (14) Perform such other duties as are specified in this charter or may be required by the mayor and council. (d) By letter filed with the city clerk, the city administrator shall designate a city officer or employee to exercise the powers and perform the duties of city administrator during the administrator's temporary absence or disability; the mayor and council may revoke such designation at any time and appoint another officer of the city to serve until the city administrator returns. (e) In the event of an accident, disaster, or other emergency, the city administrator may make purchases or award contracts when necessary; provided, however, that he or she shall promptly notify the mayor and city council of the emergency, the course of action taken, and all expenditures incurred. (f) If the city administrator declines to resign at the request of the mayor and council, the mayor and council may suspend the administrator by a resolution approved by the majority vote of mayor and council. Such resolution shall set forth the reasons for suspension and proposed removal. A copy of such resolution shall be served immediately upon the city administrator. The city administrator shall have 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than ten days nor later than 15 days after such hearing is requested. After the public hearing, if one is requested, and after full consideration, the mayor and council, by a majority vote, may adopt a final resolution of removal. The city administrator shall continue to receive full salary until the effective date of a final resolution of removal. (g) Any vacancy in the office of the city administrator should be filled within 120 days following the effective date of such vacancy." SECTION 4. 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 the City of McDonough for approval or rejection. The election superintendent shall conduct that election on the Tuesday next following the first Monday in November, 2012, 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 Henry County. The ballot shall have written or printed thereon the words: "( ) YES ( ) NO Shall the charter of the City of McDonough be amended so as to transfer the existing administrative powers and duties of the mayor to the city administrator and provide for the powers and duties of the city administrator?" THURSDAY, MARCH 29, 2012 4473 All persons desiring to vote for approval of the Act shall vote "Yes," and those persons desiring to vote for rejection of the Act shall vote "No." If more than one-half of the votes cast on such question are for approval of the Act, Sections 1 through 3 of this Act shall become of full force and effect on January 1, 2014. If the Act is not so approved or if the election is not conducted as provided in this section, Sections 1 through 3 of this Act shall not become effective and this Act shall be automatically repealed on the first day of January immediately following that election date. The expense of such election shall be borne by the City of McDonough. It shall be the election superintendent's duty to certify the result thereof to the Secretary of State. SECTION 5. Section 4 of this Act shall become effective upon its approval by the Governor only if an Act to provide a new charter for the City of McDonough is enacted during the 2012 regular session of the General Assembly and becomes law; otherwise, this Act shall be automatically repealed on the day following the last day provided for the Governor to approve of or veto legislation. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. Senator Jeffares of the 17th moved that the Senate agree to the House substitute to SB 537. On the motion, a roll call was taken and the vote was as follows: Y Albers Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Y Williams 4474 JOURNAL OF THE SENATE On the motion, the yeas were 48, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 537. The following bill was taken up to consider House action thereto: SB 114. By Senators Grant of the 25th, Staton of the 18th, Hooks of the 14th and Shafer of the 48th: A BILL to be entitled an Act to amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, so as to provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Article 2 of Chapter 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, so as to provide for the issuance of a manufacturer's or distiller's license to a fruit grower for the manufacture of distilled spirits under certain circumstances; to provide for the issuance of a manufacturer's or distiller's license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state under certain circumstances; to change certain provisions relating to the sale or disposal of certain distilled spirits or alcohol; to provide for certain educational and promotional tours; 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 4 of Title 3 of the Official Code of Georgia Annotated, relating to state license requirements and regulations for manufacture, distribution, and package sales, is amended by revising Code Section 3-4-24, relating to the issuance to fruit growers of license to manufacture distilled spirits, storage and disposition, limitations upon manufacture and sale, issuance of manufacturer's or distiller's license in certain counties or municipalities, as follows: THURSDAY, MARCH 29, 2012 4475 "3-4-24. (a) The commissioner may issue a license to a fruit grower authorizing the grower to manufacture distilled spirits from perishable fruits grown in this state. (b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol: (1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or (2) To any person not holding a wholesale or retail an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) No A manufacturer's or distiller's license shall may be issued pursuant to this Code section to a fruit grower for the manufacture of distilled spirits in any county or municipality of this state that has not approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours." SECTION 2. Said article is further amended by adding a new Code section to read as follows: 3-4-24.1. (a) The commissioner may issue a license authorizing the manufacture of distilled spirits from agricultural products other than perishable fruits grown in this state. (b) If any distilled spirits are manufactured as permitted by this Code section in any county, municipality, or county area exclusive of certain incorporated areas, as the case may be, in which the distilled spirits are not to be sold under the terms of this chapter, the licensee shall immediately store the distilled spirits or alcohol in a warehouse or warehouses designated by the commissioner to be sold or disposed of under the supervision of the commissioner in states, counties, or municipalities permitting the legal sale of distilled spirits or alcohol. (c) It is unlawful for the licensee to sell or dispose of any such distilled spirits or alcohol: (1) In any municipality, county, or unincorporated area of a county in which the sale of distilled spirits or alcohol is prohibited by this chapter; or (2) To any person not holding an importer's, broker's, or wholesaler's license issued pursuant to this chapter or by another state. (d) A manufacturer's or distiller's license may be issued pursuant to this Code section for the manufacture of distilled spirits from agricultural products other than perishable 4476 JOURNAL OF THE SENATE fruits in any county or municipality of this state that has approved either the package sale of distilled spirits or the sale of distilled spirits by the drink, or both, as provided in this chapter. (e) A manufacturer or distiller issued a license pursuant to this Code section may provide educational and promotional tours." 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 114. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison N Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 49, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 114. The following bill was taken up to consider House action thereto: SB 286. By Senators Heath of the 31st, Hill of the 4th, Stoner of the 6th, Hooks of the 14th and Murphy of the 27th: 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 THURSDAY, MARCH 29, 2012 4477 administration for county revenue employees, membership in the Employees' Retirement System of Georgia, contributions, and credit for prior service, so as to provide that no person who first or again becomes a tax commissioner, tax collector, tax receiver, or an employee of any such officer on or after July 1, 2012, 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 House substitute was as follows: 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 method of calculating accrued benefits for persons subject to the Georgia State Employees' Pension and Savings Plan who transfer between the Employees' Retirement System of Georgia and the Teachers Retirement System of Georgia; to provide for the transfer of the accrued benefit amount and the present value of the accrued benefit; to provide that the present value shall be based on methods and assumptions of the transferring system; to provide for the recalculation of benefits; to provide that tax commissioners, tax collectors, and tax receivers and all employees in their offices who first or again take office or become employed on or after July 1, 2012, shall not be members of the Employees' Retirement System of Georgia by operation of law; to provide that the governing authority of each county may elect to include such officers and employees in the retirement system; to provide for employee and employer contributions; to provide that no such person may be a member of another public retirement system; to provide for related matters; to provide conditions for an effective date and automatic repeal; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 47 of the Official Code of Georgia Annotated, relating to retirement and pensions, is amended in Code Section 47-2-181, relating to transfer of service credits and accumulated contributions from the Teachers Retirement System of Georgia to the Employees' Retirement System of Georgia, by adding a new subsection to read as follows: "(d)(1) At the time the membership of a person is transferred from the Teachers Retirement System of Georgia to this retirement system subject to Article 10 of this chapter, this retirement system shall receive the funds transferred from the Teachers Retirement System of Georgia pursuant to Code Section 47-3-81 and, as applicable, add the accrued benefit transferred from the Teachers Retirement System of Georgia to the accrued benefit or the balance of employee contributions and interest. The total benefits of any such member shall be subject to the rules of this retirement system. (2) At the time the membership of a person subject to Article 10 of this chapter 4478 JOURNAL OF THE SENATE transfers to the Teachers Retirement System of Georgia, this retirement system shall: (A) Calculate the accumulated benefit using the service and compensation at the time of the transfer; (B) Calculate the present value of the accrued benefit using methods and assumptions adopted by the board of trustees; and (C) Transfer to the Teachers Retirement System of Georgia the greater of the present value of the accumulated benefit or the balance of the employee contributions and interest. (3) All service transferred pursuant to this subsection shall be calculated as credit in this retirement system for all purposes in this retirement system. (4) This retirement system and the Teachers Retirement System of Georgia shall recalculate the accumulated benefit of any person transferred between such retirement systems from January 1, 2009, through June 30, 2012, according to the methods prescribed by this subsection." SECTION 2. Said title is further amended in 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, by adding a new subsection to read as follows: "(a.1) Notwithstanding any other provision of this Code section, no person who first or again takes office or becomes employed on or after July 1, 2012, shall become a member of the retirement system pursuant to the provisions of this Code section. Any person serving in any such position on July 1, 2012, who continues in service without a break in service shall remain a member of this retirement system. The reelection of any such officer or the election of any eligible employee to such office shall not constitute a break in service." SECTION 3. Said title is further amended by adding a new Code section to read as follows: "47-2-292.1. (a) The provisions of this Code section shall apply to tax commissioners, tax collectors, and tax receivers and employees in their offices who first or again take office or become employed on or after July 1, 2012. (b) On and after July 1, 2012, the governing authority of each county shall have the option of including the county tax commissioner, tax collector, or tax receiver and all employees of such person's office as members of the retirement system. Such option shall be made by adopting a resolution and forwarding such resolution to the board of trustees. (c) 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 governing authority of the county shall pay to the board THURSDAY, MARCH 29, 2012 4479 of trustees the employer contributions required by this chapter, upon receipt of an invoice from the retirement system. (d) An election by a county governing authority made pursuant to subsection (b) of this Code section may be revoked in the same manner as the election was made, but the county's obligations as to any officer or employee who became a member of the retirement system as a result of such election shall continue, and the rights and benefits of any such officer or employee shall be unaffected by such revocation. (e) All persons subject to the provisions of this Code section shall be members of the retirement system under the provisions of Article 10 of this chapter as a condition of holding office. (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 officer or employee is covered or becomes covered by any other public retirement or pension system, excluding social security coverage." SECTION 4. Said title is further amended in Code Section 47-3-81, relating to transfer of service credits from the Employees' Retirement System of Georgia to the Teachers Retirement System of Georgia, limitations, and additional contributions or adjustments required, by adding a new subsection to read as follows: "(c)(1) At the time the membership of a person subject to Article 10 of Chapter 2 of this title is transferred from the Employees' Retirement System of Georgia to this retirement system, this retirement system shall receive the funds transferred from the Employees' Retirement System of Georgia pursuant to Code Section 47-2-181 and, as applicable, add the accrued benefit transferred from the Employees' Retirement System of Georgia to the accrued benefit or the balance of employee contributions and interest. The total benefits of any such member shall be subject to the rules of this retirement system. (2) At the time the membership of a member of this retirement system transfers to the Employees' Retirement System of Georgia and is subject to Article 10 of Chapter 2 of this title, this retirement system shall: (A) Calculate the accumulated benefit using the service and compensation at the time of the transfer; (B) Calculate the present value of the accrued benefit using methods and assumptions adopted by the board of trustees; and (C) Transfer to the Employees' Retirement System of Georgia the greater of the present value of the accumulated benefit or the balance of the employee contributions and interest. (3) All service transferred pursuant to this subsection shall be calculated as credit in this retirement system for all purposes in this retirement system. (4) This retirement system and the Employees' Retirement System of Georgia shall recalculate the accumulated benefit of any person transferred between such retirement 4480 JOURNAL OF THE SENATE systems from January 1, 2009, through June 30, 2012, according to the methods prescribed by this subsection." SECTION 5. This Act shall become effective on July 1, 2012, 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, 2012, as required by subsection (a) of Code Section 47-20-50. SECTION 6. All laws and parts of laws in conflict with this Act are repealed. The following Fiscal Notes, as required by law, were read by the Secretary: Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 October 3, 2011 Honorable Tim Golden, Chairman Senate Retirement Committee State Capitol, Room 121-G Atlanta, Georgia 30334 SUBJECT: Actuarial Investigation Senate Bill 286 (LC 21 1003) Employees' Retirement System Dear Chairman Golden: This bill would amend provisions relating to membership of certain 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, 2012. 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 remain THURSDAY, MARCH 29, 2012 4481 a member of the System, provided there is no break in service. The reelection of any such officer does not constitute a break in service. This bill would not result in any additional cost to the Employees' Retirement System since this bill simply closes the System in the future to persons hired into the designated positions. All persons who are in such positions on June 30, 2012 would continue to participate in the Employees' Retirement System and be eligible for retirement allowances in accordance with current statute. There would be no increase in the employer contribution rate or the unfunded actuarial accrued liability as a result of this legislation. The following is a summary of the relevant findings of the actuarial investigation for this bill pursuant to a request by the Senate Retirement Committee. The investigation was to be conducted according to O.C.G.A. 47-20-36, which outlines the factors to be considered in an actuarial investigation. The figures are based on employee data and the most recent actuarial assumptions and methods. (1) The amount of the unfunded actuarial accrued liability which will result from the bill. $ 0 (2) The amount of the annual amortization of the unfunded actuarial accrued liability which will result from the bill. $ 0 (3) The number of years that the unfunded actuarial accrued liability created by this bill would be amortized. N/A (4) The amount of the annual normal cost which will result from the bill. $ 0 (5) The employer contribution rate currently in effect for Non-GSEPS Members. 14.90% (6) The employer contribution rate recommended for NonGSEPS Members (in conformity with minimum funding standards specified in Code Section 47-20-10). 14.90% (7) The employer contribution rate currently in effect for GSEPS Members. 11.54% (8) The employer contribution rate recommended for GSEPS Members (in conformity with minimum funding standards specified in Code Section 47-20-10). 11.54% (9) The total dollar amount of the increase in the annual employer contribution which is necessary to maintain the retirement system in an actuarially sound condition. $ 0 4482 JOURNAL OF THE SENATE 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 Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 February 27, 2012 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Substitute to Senate Bill 286 (LC 21 1718S) Dear Representative Maxwell: This substitute bill would amend provisions relating to membership of certain 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, 2012. If this legislation is enacted, such persons would no longer be automatically eligible to participate in the Employees' Retirement System. Such persons would only be eligible to participate in the System if their respective governing authority adopts a resolution authorizing such participation. If such resolution is adopted, the employees would then be members of the System provided the employee pays the necessary employee contributions and the governing authority pays all required employer contributions. In the event a governing authority THURSDAY, MARCH 29, 2012 4483 subsequently revokes the resolution, the rights and benefits of any person who became a member of the System would not be affected, and the governing authority would be obligated to continue paying the required employer contributions of such persons. This is to certify that the changes made in this substitute bill are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation prepared for Senate Bill 286 (LC 21 1003) would apply to this bill. A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 286 (LC 21 1003) is attached. Respectfully, /s/ Russell W. Hinton State Auditor Department of Audits and Accounts 270 Washington Street, S.W., Suite 1-156 Atlanta, Georgia 30334-8400 Russell W. Hinton State Auditor (404) 656-2174 March 27, 2012 The Honorable Howard Maxwell State Representative State Capitol, Room 402 Atlanta, Georgia 30334 SUBJECT: State Auditor's Certification Amendment to Senate Bill 286 (AM 21 3836) Dear Representative Maxwell: As amended, this bill would revise provisions relating to membership of certain 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, 4484 JOURNAL OF THE SENATE or employee of such officer on or after July 1, 2012. If this legislation is enacted, such persons would no longer be automatically eligible to participate in the Employees' Retirement System. Such persons would only be eligible to participate in the System if their respective governing authority adopts a resolution authorizing such participation. If such resolution is adopted, the employees would then be members of the System provided the employee pays the necessary employee contributions and the governing authority pays all required employer contributions. In the event a governing authority subsequently revokes the resolution, the rights and benefits of any person who became a member of the System would not be affected, and the governing authority would be obligated to continue paying the required employer contributions of such persons. Additionally, this amendment would revise provisions relating to retirement and pensions under the Employees' Retirement System and the Teachers Retirement System. Specifically, this amendment would provide a method of calculating accrued benefits for persons who are subject to the Georgia State Employees Pension and Savings Plan and transfer from one of the retirement systems to the other. This amendment also provides for the transfer of accrued benefits to cover the costs associated with the person who transfers between such systems. This is to certify that the changes made in this amendment are nonfiscal amendments as defined in the Public Retirement Systems Standards Law. Therefore, the actuarial investigation prepared for Senate Bill 286 (LC 21 1003) would apply to this bill. A copy of the actuarial investigation and State Auditor's Summary for Senate Bill 286 (LC 21 1003) is attached. Respectfully, /s/ Russell W. Hinton State Auditor Senator Heath of the 31st moved that the Senate agree to the House substitute to SB 286. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks N Jackson, B Orrock N Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton THURSDAY, MARCH 29, 2012 4485 Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch N Grant Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 49, nays 3; the motion prevailed, and the Senate agreed to the House substitute to SB 286. The following bill was taken up to consider House action thereto: SB 470. By Senator Goggans of the 7th: A BILL to be entitled an Act to amend Chapter 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; 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 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient self-referral, so as to revise the definition of "rural area"; 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 1B of Title 43 of the Official Code of Georgia Annotated, relating to patient selfreferral, is amended in Code Section 43-1B-3, relating to definitions, by revising paragraph (11) as follows: "(11) 'Rural area' means: a (A) A county with a population density of no greater than 65 persons per square mile, as defined by the United States decennial census of 1990; or (B) In a county in which a military junior college is located, an area which is not an urban area, as defined in 42 C.F.R. Section 412.62(f)(1)(ii)." 4486 JOURNAL OF THE SENATE SECTION 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 substitute to SB 470. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 470. The following bill was taken up to consider House action thereto: SB 143. By Senators Henson of the 41st and Shafer of the 48th: 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 an applicant for a license by endorsement shall provide certain information; to repeal certain obsolete provisions; to repeal conflicting laws; and for other purposes. The House substitute was as follows: THURSDAY, MARCH 29, 2012 4487 A BILL TO BE ENTITLED AN ACT To amend Title 43 of the Official Code of Georgia Annotated, relating to professions, so as to revise various provisions relating to massage therapists; to provide that an applicant for a license by endorsement for massage therapy practice shall provide certain information; to provide for a criminal background check of applicants for a license as a massage therapist; to change certain provisions relating to provisional permits; to repeal certain obsolete provisions; 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 43 of the Official Code of Georgia Annotated, relating to professions, is amended by revising Code Section 43-24A-8, relating to licensure of massage therapists, applications, and requirements, as follows: 43-24A-8. (a) No person may practice massage therapy in this state who is not a licensed massage therapist or the holder of a valid provisional permit issued by the division director pursuant to this chapter. (b) Prior to July 1, 2007, any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (3) The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and (4) The applicant has met at least one of the following requirements: (A) He or she has completed successfully a board recognized educational program with a minimum of 500 hours of course and clinical work; (B) He or she has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state; (C) He or she meets the qualifications necessary to sit for the National Certification Examination for Therapeutic Massage and Bodywork or has substantially similar qualifications as determined by the board; (D) He or she holds a license as a massage therapist in another state or jurisdiction whose license requirements meet or exceed the licensing requirements of this state; 4488 JOURNAL OF THE SENATE (E) He or she has practiced massage therapy for at least ten hours per week on average for at least ten years prior to the date of application and has completed at least 100 hours of formal training in massage therapy as determined by the board; (F) He or she has practiced massage therapy for at least five years prior to the date of application and has completed a minimum of 200 hours of formal training in massage therapy as determined by the board; (G) He or she has, to the satisfaction of the board, training in another state or jurisdiction that meets or exceeds the requirements for licensing in this state; (H) He or she has been a member, as a massage therapist, for a period of one year prior to his or her application for licensure of a professional massage therapy association established before 2002 which holds its members to a published code of ethics; or (I) He or she has been legally practicing massage therapy in this state for compensation prior to July 1, 2005. (c) On and after July 1, 2007, any Any applicant for a license as a massage therapist must submit a completed application upon a form and in such manner as the board prescribes, accompanied by applicable fees, and evidence satisfactory to the board that: (1) The applicant is at least 18 years of age; (2) The applicant has a high school diploma or its recognized equivalent; (3) The applicant is a citizen of the United States or a permanent resident of the United States; (4) The applicant is of good moral character. For purposes of this paragraph, 'good moral character' means professional integrity and a lack of any conviction for acts involving moral turpitude where the underlying conduct relates to the applicant's fitness to practice massage therapy; (5) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by examination agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; (6) The applicant has completed successfully a board recognized educational program consisting of a minimum of 500 hours of course and clinical work; and (7) The applicant has passed satisfactorily the National Certification Examination for Therapeutic Massage and Bodywork, an equivalent test approved by the board, or an examination administered by another state or jurisdiction whose license requirements meet or exceed those of this state." THURSDAY, MARCH 29, 2012 4489 SECTION 2. Said title is further amended by revising Code Section 43-24A-9, relating to provisional permits, as follows: "43-24A-9. (a) A provisional permit to practice as a provisionally permitted massage therapist may be issued for a two-year period by the board to the following applicants: (1) An applicant licensed in another state with like or similar requirements for licensure; or (2) An applicant who is not the holder of any massage therapy license. (b) Such permit shall authorize the applicant to work under the supervision of a licensed massage therapist as provided by the board. (c) The applicant, by submitting an application for a provisional permit, agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check. (a) A provisional permit to practice as a provisionally permitted massage therapist shall, upon proper application, be issued for a six-month period to an applicant who meets the following criteria: (1) Holds a valid license as a massage therapist in another state; (2) Is not a resident of this state; (3) Has not had a license or permit to practice as a massage therapist voided, revoked, suspended, or annulled by this state or another state; and (4) Has not been convicted of a felony in the courts of this state, any other state, territory, or country, or in the courts of the United States, including, but not limited to, a plea of nolo contendere entered to such charge or the affording of first offender treatment to any such charge. (b) A provisional permit shall require the applicant to work under the supervision of a licensed massage therapist as provided by the board. The board shall be authorized to promulgate rules and regulations regarding the requirements for such supervision and the enforcement thereof. (c) A provisional permit may be voided if the board determines that the person holding such permit no longer meets one or more of the criteria set forth in subsection (a) of this Code section. (d) Such A provisional permit issued pursuant to subsection (a) of this Code section shall have the same force and effect as a permanent license until the time of its expiration. (e) The A provisional permit issued pursuant to subsection (a) of this Code section shall expire on the same date as a permanent license that is issued to persons who have issued under this chapter to a holder of a provisional permit who has passed the examination pursuant to Code Section 43-24A-8." 4490 JOURNAL OF THE SENATE SECTION 3. Said title is further amended by revising paragraph (3) of Code Section 43-24A-13, relating to license by endorsement, as follows: "(3) The applicant has satisfactory results from a fingerprint record check report conducted by the Georgia Crime Information Center and the Federal Bureau of Investigation, as determined by the board. Application for a license under this Code section shall constitute express consent and authorization for the board or its representative to perform a criminal background check. Each applicant who submits an application to the board for licensure by endorsement agrees to provide the board with any and all information necessary to run a criminal background check, including, but not limited to, classifiable sets of fingerprints. The applicant shall be responsible for all fees associated with the performance of such background check The applicant agrees to provide the board with any and all information necessary to perform a criminal background check and expressly consents and authorizes the board or its representative to perform such a check; and" 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 Henson of the 41st moved that the Senate agree to the House substitute to SB 143. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Hamrick Y Harbison N Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon N Loudermilk Y McKoon Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 29, 2012 4491 Y Goggans Y Golden N Gooch Y Grant Y Millar N Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 49, nays 5; the motion prevailed, and the Senate agreed to the House substitute to SB 143. The following bill was taken up to consider House action thereto: SB 354. By Senator Williams of the 19th: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 an Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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. An Act creating the Board of Commissioners of Toombs County, approved February 13, 1959 (Ga. L. 1959, p. 2010), as amended, particularly by an Act approved March 23, 4492 JOURNAL OF THE SENATE 1977 (Ga. L. 1977, p. 3927), and an Act approved April 28, 2006 (Ga. L. 2006, p. 3808), is amended by striking Sections 1 through 3(A) and inserting in lieu thereof the following: "SECTION 1. The Board of Commissioners of Toombs County which existed on December 31, 2011, is continued in existence but on and after the effective date of this Act shall be constituted as provided in this Act. The Board of Commissioners of Toombs County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as existed immediately prior to the effective date of this Act. SECTION 2. (a) Those members of the Board of Commissioners of Toombs County who are serving as such on December 31, 2011, and any person selected to fill a vacancy in any such office shall continue to serve as such members until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after the effective date of this Act, the Board of Commissioners of Toombs County shall consist of four members who shall be elected from commissioner districts described in subsection (b) of this section and a chairperson who is elected at large as provided in subsection (c) of Section 3 of this Act. (b) For purposes of electing members of the board of commissioners other than the chairperson, Toombs County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: toombsccR-2012 Plan Type: Local Administrator: Toombs User: Gina'. (c) When used in such attachment, the term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a 'VTD' heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. (d) Any part of Toombs County which is not included in any such district described in the attachment shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. Any part of Toombs County which is described in the attachment as being in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. THURSDAY, MARCH 29, 2012 4493 (e) Except as otherwise provided in the description of any commissioner district, whenever the description of such district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census map for the United States decennial census of 2010 for the State of Georgia. SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected or appointed as a member of the board from a commissioner district, a person must have that person's legal residence in that district at the time of qualifying for election or at the time of appointment and, if elected, must receive the number of votes cast as required by general law for that office in that district only and not at large. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The chairperson of the board may reside anywhere within Toombs County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant. SECTION 3A. (a) The members of the reconstituted Board of Commissioners of Toombs County shall be elected as provided in this subsection. The first members from Commissioner Districts 1 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1 and 4 in 2014 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 2 and 3 and the at-large district shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. Those members of the board elected thereto from Commissioner Districts 2 and 3 and the at-large district in 2012 shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the state-wide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office 4494 JOURNAL OF THE SENATE of four years each. Members of the board shall serve for the terms of office specified therefor in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1, 2, 3, and 4, as they existed on December 31, 2011, shall continue to be designated as Commissioner Districts 1, 2, 3, and 4, respectively, but as newly described under this Act, and on and after the effective date of this Act, such members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this Act." SECTION 2. The Board of Commissioners of Toombs County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended; and such submission shall be made to the United States Department of Justice or filed with the appropriate court no later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. This Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: toombsccR-2012 Plan Type: Local Administrator: Toombs User: Gina District 001 Toombs County VTD: 27915361 - 15361 LYONS 970100: 1077 1078 1079 1080 1081 1082 1083 1084 1085 2018 2019 2020 2023 2026 2027 2028 2029 2030 2031 2034 2035 2036 2037 2038 2039 2040 2041 2045 2046 2047 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3048 3049 3050 3051 3052 3053 970200: 2045 2046 2047 2048 2070 2071 2072 2073 2074 2075 3042 3043 3059 3060 3061 3062 3063 3064 3070 THURSDAY, MARCH 29, 2012 970500: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1037 1038 1039 1040 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2018 2019 2020 2021 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2056 VTD: 27915362 - 15362 SANTA CLAUS 970200: 3051 3057 3058 970400: 4000 970500: 2010 2011 2012 VTD: 279511 - 511 OLD HEALTH 970200: 1042 1043 1044 1045 1066 1067 1068 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 1082 1083 1084 1085 1086 3006 3007 3008 3009 3010 3011 3017 3029 3030 3031 3032 3033 3034 3035 3036 3037 3047 3048 3049 3050 3071 4000 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 5000 5001 5002 5003 5004 5005 5006 5007 5008 5009 5010 5011 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052 5055 5056 5057 5058 5059 5062 5063 5064 5065 5066 5069 5070 5071 5072 970300: 2006 2008 2012 2013 2014 2015 2016 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2031 2033 2034 2035 2036 2037 2038 2039 2040 2041 2043 2044 2045 2046 2047 3067 3068 VTD: 279512 - 512 S.T.I. 970200: 3012 3013 3014 3015 3016 3052 3053 3054 3055 3056 5053 5054 5060 5061 5067 5073 970400: 4001 4003 4004 4006 4007 4008 4009 4010 4020 4021 4022 4061 4072 4078 970500: 2013 2017 VTD: 279514 - 514 S.T.I.A.L.C 970300: 1018 1026 1027 1028 1029 1030 1031 1033 1038 1039 1040 1041 1042 1043 1044 1065 1072 1073 1074 2000 2001 2002 2003 2004 2005 2007 2009 2010 2011 2017 2018 2029 2030 2032 2042 4495 4496 JOURNAL OF THE SENATE District 002 Toombs County VTD: 2791823 - 1823 CENTER 970400: 3021 4054 4056 4059 VTD: 279511 - 511 OLD HEALTH 970300: 1002 1005 1006 1007 1013 1014 1025 1056 1057 1058 VTD: 279512 - 512 S.T.I. 970200: 5068 970400: 1000 1004 1008 1009 1010 1011 1012 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 2011 2015 2016 2017 2018 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3022 3023 3024 4016 4017 4018 4019 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 4050 4060 4075 4077 VTD: 279513 - 513 V.P.D. VTD: 279514 - 514 S.T.I.A.L.C 970300: 1016 1017 1034 1035 1036 1037 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 1055 1059 1060 1061 1062 1063 1064 1066 1067 1068 1069 1070 1071 1075 1076 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3042 3043 3044 3045 3046 3055 3056 3057 3058 3059 3060 3062 3063 3064 3065 3069 3070 3071 4013 4014 4015 4019 4020 4021 4025 4026 4038 4039 4047 5022 5023 5024 District 003 Toombs County VTD: 2791192 - 1192 BLUE RIDGE VTD: 27915361 - 15361 LYONS 970100: 2017 2021 2022 2024 2025 2032 2033 2042 2043 970200: 1059 2000 2001 2007 2010 2011 2012 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2049 2050 2051 2052 2053 2054 2055 2056 2057 2058 2059 2060 2061 2062 2063 2064 2065 2066 2067 2068 2069 3024 3025 3026 3027 3028 THURSDAY, MARCH 29, 2012 3038 3039 3040 3041 3044 3045 3046 3065 3066 3067 3068 3069 3072 3073 VTD: 27915362 - 15362 SANTA CLAUS 970100: 1047 1048 1049 1050 1051 1052 1053 1054 1055 1056 1057 1073 1074 1075 1076 1086 1087 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2044 3000 3001 3047 4008 4009 4021 4022 4023 4025 4027 4076 4077 970200: 1049 1050 1051 1052 1053 1054 1055 1056 1057 1058 1060 1061 1062 1087 1088 2002 2003 2004 2005 2006 2008 2009 2013 2014 2015 2016 2017 970500: 1032 1033 1034 1035 1036 VTD: 2791715 - 1715 NORMANTOWN VTD: 2791770 - 1770 OHOOPEE VTD: 27939 - 39 NEWBRANCH VTD: 279511 - 511 OLD HEALTH 970200: 1037 1038 1039 1040 1041 1046 1047 1048 1063 1064 1065 1069 3000 3001 3002 3003 3004 3005 3018 3019 3020 3021 3022 3023 970300: 1000 1001 1003 1004 1008 1009 1010 1011 1012 1015 1019 1020 1021 1022 1023 1024 1032 1077 District 004 Toombs County VTD: 2791403 - 1403 MARVIN VTD: 2791521 - 1521 HARDEN VTD: 27915362 - 15362 SANTA CLAUS 970100: 4024 970400: 4002 4005 4068 4069 4070 4071 4073 4074 970500: 2014 2015 2016 2022 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2065 2066 2067 2068 2069 2070 2071 2072 2073 2075 2076 2077 2078 3001 3002 3003 3004 3012 VTD: 2791823 - 1823 CENTER 970300: 3040 3041 3047 3048 3049 3050 3051 3052 3053 3054 3061 5019 5020 5021 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038 5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 4497 4498 JOURNAL OF THE SENATE 5060 5062 970400: 4011 4012 4013 4014 4015 4047 4051 4052 4053 4055 4057 4062 4063 4064 4065 4066 4067 4076 970500: 3000 3005 3006 3007 3008 3009 3010 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 3052 3053 3054 3055 3056 3057 3058 3059 3060 3061 3062 3063 3064 3065 3066 3067 3068 3069 3070 3071 3072 3073 3074 3075 3076 3077 3078 3079 3080 3081 970600: 2007 2008 2009 2010 2011 2012 VTD: 27943 - 43 CEDAR CROSSING Senator Williams of the 19th moved that the Senate agree to the House substitute to SB 354. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 354. THURSDAY, MARCH 29, 2012 4499 The following bill was taken up to consider House action thereto: HB 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. Senator Golden of the 8th asked unanimous consent that the Senate adhere to its substitute to HB 318 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Goggans of the 7th, Golden of the 8th and Bulloch of the 11th. The following bill was taken up to consider House action thereto: SB 289. By Senators Rogers of the 21st, Millar of the 40th, Williams of the 19th and Albers of the 56th: 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 require students to take one course containing online learning; to provide for the online administration of end-of-course assessments; to require local school systems to provide opportunities for participation in part-time and fulltime virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to provide for blended learning courses in charter schools which include online instruction; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to maximize the number of students taking at least one course containing online learning prior to graduation; to provide for the online administration of end-of-course assessments; to revise provisions relating to the Georgia Virtual School; to require local school systems to provide opportunities for participation 4500 JOURNAL OF THE SENATE in part-time and full-time virtual instruction programs; to establish a list of providers; to provide requirements for providers; to provide for a report by the Department of Education on digital learning methods; to revise provisions relating to textbooks; to repeal a provision relating to electronic devices in schools; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, is amended in Part 2 of Article 6, relating to competencies and core curriculum under the "Quality Basic Education Act," by adding a new Code section to read as follows: "20-2-140.1. The State Board of Education shall establish rules and regulations to maximize the number of students, beginning with students entering ninth grade in the 2014-2015 school year, who complete prior to graduation at least one course containing online learning. This shall be met through an online course offered by the Georgia Virtual School established pursuant to Code Section 20-2-319.1, through an online dual enrollment course offered by a postsecondary institution, or through a provider approved pursuant to subsection (c) of Code Section 20-2-319.3. This shall also include enrollment in a full-time or part-time virtual instruction program pursuant to Code Section 20-2-319.3." SECTION 2. Said chapter is further amended in Code Section 20-2-160, relating to determination of enrollment by institutional program and determination of funds to be appropriated to local school systems, by revising subsection (a) 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 THURSDAY, MARCH 29, 2012 4501 beginning of the course; a course taken through the Georgia Virtual School pursuant to Code Section 20-2-319.1; or any other course or activity so designated by the state board. For the purpose of this Code section, the term 'enrichment course' means a course which does not dedicate a major portion of the class time toward the development and enhancement of one or more student competencies as adopted by the state board under Code Section 20-2-140. A program shall not be indicated for a student for any one-sixth segment of the school day for which the student is not enrolled in an instructional program or has not attended a class or classes within the preceding ten days; nor shall a program be indicated for a student for any one-sixth segment of the school day for which the student is charged tuition or fees or is required to provide materials or equipment beyond those authorized pursuant to Code Section 20-2-133. A student who is enrolled in a dual credit course pursuant to Code Section 20-2-159.5 shall be counted for the high school program or other appropriate program for each segment in which the student is attending such dual credit course. 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 3. Said chapter is further amended in Code Section 20-2-281, relating to assessment of effectiveness of educational programs, by revising subsection (h) as follows: "(h) The State Board of Education, through the Department of Education, shall administer the end-of-course assessments for core subject areas as defined by state board policy. The state board shall promulgate a schedule for the development and administration of all end-of-course tests by December 1, 2000. By the 2015-2016 school year, the State Board of Education shall make all end-of-course assessments available online and shall establish rules and regulations to maximize the number of students and school systems utilizing such online assessments." SECTION 4. Said chapter is further amended by revising Code Section 20-2-319.1, relating to the Georgia Virtual School, as follows: "20-2-319.1. (a) The State Board of Education is authorized to establish the Georgia Virtual School whereby students may enroll in state funded courses via the Internet or in any other manner not involving on-site interaction with a teacher. Any Georgia student who is age 21 or younger shall be eligible to enroll in the Georgia Virtual School, at no cost to the student, provided that public school students shall be given priority. The State 4502 JOURNAL OF THE SENATE Board of Education is authorized to promulgate rules and regulations pertaining to the Georgia Virtual School. Such rules and regulations, if established, shall include, at a minimum, a process for students to enroll in Georgia Virtual School courses, including provisions allowing for students to participate in such courses in excess of any maximum number of courses allowed per year at a tuition rate to be established by the State Board of Education, and a process whereby a student's grade in the course is reported on the student's transcript. All teachers who provide instruction through the Georgia Virtual School shall be certified by the Professional Standards Commission. A local school system shall not prohibit any student from taking a course through the Georgia Virtual School, regardless of whether the school in which the student is enrolled offers the same course. (b)(1) The department is authorized to establish a Georgia Virtual School grant account with funds appropriated by the General Assembly. The amount of funds requested by the state board for this account shall be the amount that the participating students would have earned under this article if those students had been in equivalent general education programs in a local school system for that portion of the instructional day in which the students were actually enrolled in a Georgia Virtual School course. The department shall use funds from this grant account to pay for costs associated with the Georgia Virtual School incurred by the department, including, but not limited to, actual costs of tuition, materials, and fees directly related to the approved courses taken by the students through the Georgia Virtual School associated with the maintenance of the Georgia Virtual School, such as new course development, credit recovery, blended learning training, and operating a clearinghouse. (2) The local school system shall pay to the department costs for tuition, materials, and fees directly related to the approved course taken by a student in its school system through the Georgia Virtual School; provided, however, that in no event shall the amount of tuition charged to the local school system exceed $250.00 per student per semester course. (c) The Georgia Virtual School shall not be considered a school for purposes of Article 2 of Chapter 14 of this title." SECTION 5. Said chapter is further amended in Part 14 of Article 6, relating to other educational programs under the "Quality Basic Education Act," by adding new Code sections to read as follows: "20-2-319.3. (a) Beginning with the 2013-2014 school year, each local school system shall provide opportunities to all students in grades three through 12 enrolled in public schools within its boundaries for participation in part-time and full-time virtual instruction program options. Written notice of such opportunities, including an open enrollment period for full-time students of at least 90 days and not ending earlier than 30 days prior to the first day of the school year, shall be provided directly to parents of all students. The THURSDAY, MARCH 29, 2012 4503 purpose of the program shall be to make quality virtual instruction available to students using online and distance learning technology in the nontraditional classroom. The program shall provide at least three options for: (1) Full-time virtual instruction for students enrolled in grades three through 12; and (2) Part-time virtual instruction for students enrolled in grades three through 12. A virtual instruction program conducted by a local school system shall include specific provision for at least two full-time options and one part-time option for students enrolled in dropout prevention and academic intervention programs or Department of Juvenile Justice education programs under Code Section 20-2-133. (b) To provide students with the option of participating in virtual instruction programs as required by subsection (a) of this Code section, a local school system may apply one or all of the following mechanisms: (1) Facilitate enrollment in the Georgia Virtual School established pursuant to Code Section 20-2-319.1; (2) Enter into a contract with an approved provider under subsection (c) of this Code section for the provision of a full-time program under paragraph (1) of subsection (a) of this Code section or a part-time program under paragraph (2) of subsection (a) of this Code section; or (3) Enter into an agreement with another local school system or systems to allow the participation of its students in an approved virtual instruction program provided by such other local school system or systems. The agreement shall indicate a process for the transfer of funds. Contracts and agreements entered into pursuant to paragraph (2) or (3) of this subsection may include multidistrict contractual arrangements that may be executed by a regional educational service agency for its member school systems. (c) The department shall annually provide local school systems with a list of providers approved to offer virtual instruction programs. To be approved by the department, a provider shall document that it: (1) Possesses prior, successful experience offering online courses to elementary, middle, or high school students, as demonstrated through quantified student performance improvements for each subject area and grade level provided for consideration as instructional program options; (2) Assures instructional and curricular quality through a detailed curriculum and student performance accountability plan that addresses every subject and grade level intended for provision within local school system contracts, including: (A) Courses and programs that meet the nationally recognized standards for K-12 online learning; (B) Instructional content and services that align with and measure student attainment of proficiency in the state-approved curriculum; and (C) Mechanisms that determine and ensure that a student has satisfied requirements for grade level promotion and high school graduation with a standard diploma, as appropriate; and (3) Publishes, in accordance with disclosure requirements adopted by the State Board 4504 JOURNAL OF THE SENATE of Education, for the general public, as part of its application as a provider, and in all contracts negotiated pursuant to this Code section: (A) Information and data about each full-time and part-time program regarding its curriculum; (B) School policies and procedures; (C) Certification status of all administrative and instructional personnel; (D) Teacher-student ratios; (E) Student completion and promotion rates; and (F) Student, educator, and school performance accountability outcomes. (d) An approved provider shall retain its approved status for a period of five years after the date of the department's approval pursuant to subsection (c) of this Code section as long as the provider continues to comply with all requirements of this Code section; provided, however, that each provider approved by the department for the 2013-2014 school year shall reapply for approval to provide a part-time program for students in grades three through 12. (e) Each contract with an approved provider shall at a minimum set forth a detailed curriculum plan that illustrates how students will be provided services for, and be measured for attainment of, proficiency in state curriculum requirements for each grade level and subject. 20-2-319.4. No later than December 1, 2012, the Department of Education shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives which identifies and explains the best methods and strategies for enabling the department to assist local boards of education in acquiring digital learning at as reasonable prices as possible by providing a plan under which local boards may voluntarily pool their bids for such purchases. The report shall identify criteria that will enable local boards to differentiate between the level of service as well as pricing based upon such factors as the level of student support, the frequency of teacher-student communications, instructional accountability standards, and academic integrity. The report shall also examine ways to increase student access to digital learning." SECTION 6. Said chapter is further amended in Code Section 20-2-1013, relating to the free textbook system, care and protection of textbooks, library books, and media materials, and reimbursement by pupils or parents, by revising subsection (b) as follows: "(b) All hardbound or softbound textbooks, library books, and media materials purchased by local units of administration with state Quality Basic Education Program funds or any other means of acquisition shall remain the property of the local unit purchasing or acquiring them. Assistive technology devices and digital versions of textbooks that are acquired may remain the property of the student; provided, however, that this shall not be construed to violate any contracts or copyright laws. Each local unit of administration shall establish such policies as it deems necessary for the care THURSDAY, MARCH 29, 2012 4505 and protection of its textbooks, library books, and media materials as a condition to receiving all or part of the state contributed Quality Basic Education Program funds allotted to the local unit. Such policies may include any of the following sanctions against a pupil who fails or refuses to pay for a lost or damaged textbook, library book, or media material at the replacement cost: (1) Refusal to issue any additional textbooks, library books, or media materials until restitution is made; or (2) Withholding of all grade cards, diplomas, or certificates of progress until restitution is made. No local unit of administration shall require any pupil or parent to purchase any textbook, library book, or media material except in cases where the pupil damages, loses, or defaces such item either through willful intent or neglect." SECTION 7. Said chapter is further amended by revising Code Section 20-2-1015, relating to the electronic format version requirement, as follows: "20-2-1015. The publisher of a textbook recommended by the State Board of Education shall provide an electronic format version of such textbook, which may include a digital version." SECTION 8. Said chapter is further amended by repealing and reserving Code Section 20-2-1183, relating to possession of electronic communication devices in school. SECTION 9. 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 289. On the motion, a roll call was taken and the vote was as follows: Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Shafer Sims Y Staton Y Stone Y Stoner 4506 JOURNAL OF THE SENATE Y Crosby Y Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Mullis Y Murphy N Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 47, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 289. The following bill was taken up to consider House action thereto: SB 227. By Senator Loudermilk of the 52nd: A BILL to be entitled an Act to amend Subpart 2 of Part 1 of Article 16 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to compulsory attendance for students in elementary and secondary education, so as to provide that declarations of intent and attendance records for home study programs are submitted to the Department of Education rather than local school superintendents; 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 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 provide for placement and attendance; to provide for eligibility; to provide for graduation; to provide for state coordination services; to create the Interstate Commission on Educational Opportunity for Military Children; to provide for the members of the interstate commission and their service; to provide for an executive committee and its membership and duties; to provide for the powers, duties, organization, and operations of the commission; to provide for oversight, enforcement, and dispute resolution; to provide for financing of the interstate commission; to provide for member states, an effective date, and amendments; to provide for withdrawal and dissolution; to provide for binding effect and other laws; to repeal certain laws; to provide for other related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4507 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 20 of the Official Code of Georgia Annotated, relating to education, is amended by adding a new chapter to read as follows: "CHAPTER 17 20-17-1. This chapter shall be known and may be cited as the 'Interstate Compact on Educational Opportunity for Military Children.' 20-17-2. 'The Interstate Compact on Educational Opportunity for Military Children' is enacted into law and entered into by the State of Georgia with any and all states legally joining therein in the form substantially as follows: 'Interstate Compact on Educational Opportunity for Military Children The Contracting States solemnly agree that: ARTICLE I PURPOSE It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by: A. Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district or variations in entrance or age requirements; B. Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment; C. Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities; D. Facilitating the on-time graduation of children of military families; E. Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact; F. Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact; G. Promoting coordination between this compact and other compacts affecting military children; and H. Promoting flexibility and cooperation between the educational system, parents, and the student in order to achieve educational success for the student. 4508 JOURNAL OF THE SENATE ARTICLE II DEFINITIONS As used in this compact, unless the context clearly requires a different construction: A. "Active duty" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211. B. "Children of military families" means school-aged children in the household of an active duty member enrolled in kindergarten through grade 12. C. "Compact commissioner" means the voting representative of each compacting state appointed pursuant to Article VIII of this compact. D. "Deployment" means the period one month prior to the service members' departure from their home station on military orders though six months after return to their home station. E. "Educational records" means those official records, files, and data directly related to a student and maintained by the school or local education agency, including, but not limited to, records encompassing all the material kept in the student's cumulative folder, such as general identifying data; records of attendance and of academic work completed; records of achievement and results of evaluative tests; health data; disciplinary status; test protocols; and individualized education programs. F. "Extracurricular activities" means a voluntary activity sponsored by the school or local education agency or an organization sanctioned by the local education agency. Extracurricular activities include, but are not limited to, preparation for and involvement in public performances, contests, athletic competitions, demonstrations, displays, and club activities. G. "Interstate Commission on Educational Opportunity for Military Children" or "Interstate Commission" means the commission that is created under Article IX of this compact. H. "Local education agency" means a public authority legally constituted by the state as an administrative agency to provide control of and direction for kindergarten through grade 12 public educational institutions. I. "Member state" means a state that has enacted this compact. J. "Military installation" means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense, including any leased facility, which is located within any of the several states, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States Territory. Such term does not include any facility used primarily for civil works, rivers and harbors projects, or flood control projects. K. "Nonmember state" means a state that has not enacted this compact. L. "Receiving state" means the state to which a child of a military family is sent, brought, or caused to be sent or brought. THURSDAY, MARCH 29, 2012 4509 M. "Rule" means a written statement by the Interstate Commission promulgated pursuant to Article XII of this compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the compact, or an organizational, procedural, or practice requirement of the Interstate Commission, and includes the amendment, repeal, or suspension of an existing rule. N. "Sending state" means the state from which a child of a military family is sent, brought, or caused to be sent or brought. O. "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Northern Marianas Islands, and any other United States Territory. P. "Student" means the child of a military family for whom the local education agency receives public funding and who is formally enrolled in kindergarten through grade 12. Q. "Transition" means the formal and physical process of transferring from school to school or the period of time in which a student moves from one school in the sending state to another school in the receiving state. R. "Uniformed service" means the Army, Navy, Air Force, Marine Corps, or Coast Guard as well as the Commissioned Corps of the National Oceanic and Atmospheric Administration and Public Health Services. S. "Veteran" means a person who served in the uniformed services and who was discharged or released therefrom under conditions other than dishonorable. ARTICLE III APPLICABILITY A. Except as otherwise provided in Section B of this article, this compact shall apply to the children of: (1) Active duty members of the uniformed services as defined in this compact, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Sections 1209 and 1211; (2) Members or veterans of the uniformed services who are severely injured and medically discharged or retired for a period of one year after medical discharge or retirement; and (3) Members of the uniformed services who die on active duty or as a result of injuries sustained on active duty for a period of one year after death. B. The provisions of this interstate compact shall only apply to local education agencies as defined in this compact. C. The provisions of this compact shall not apply to the children of: (1) Inactive members of the national guard and military reserves; (2) Members of the uniformed services now retired, except as provided in Section A of this article; (3) Veterans of the uniformed services, except as provided in Section A of this article; and 4510 JOURNAL OF THE SENATE (4) Other United States Department of Defense personnel and other federal agency civilian and contract employees not defined as active duty members of the uniformed services. ARTICLE IV EDUCATIONAL RECORDS & ENROLLMENT A. Unofficial or "hand-carried" education records -- In the event that official education records cannot be released to the parents for the purpose of transfer, the custodian of the records in the sending state shall prepare and furnish to the parent a complete set of unofficial educational records containing uniform information as determined by the Interstate Commission. Upon receipt of the unofficial education records by a school in the receiving state, the school shall enroll and appropriately place the student based on the information provided in the unofficial records pending validation by the official records, as quickly as possible. B. Official education records and transcripts -- Simultaneous with the enrollment and conditional placement of the student, the school in the receiving state shall request the student's official education record from the school in the sending state. Upon receipt of this request, the school in the sending state will process and furnish the official education records to the school in the receiving state within ten days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. C. Immunizations -- Compacting states shall give 30 days from the date of enrollment or within such time as is reasonably determined under the rules promulgated by the Interstate Commission for students to obtain any immunization required by the receiving state. For a series of immunizations, initial vaccinations must be obtained within 30 days or within such time as is reasonably determined under the rules promulgated by the Interstate Commission. D. Kindergarten and first grade entrance age -- Students shall be allowed to continue their enrollment at grade level in the receiving state commensurate with their grade level, including kindergarten, from a local education agency in the sending state at the time of transition, regardless of age. A student who has satisfactorily completed the prerequisite grade level in the local education agency in the sending state shall be eligible for enrollment in the next highest grade level in the receiving state, regardless of age. A student transferring after the start of the school year in the receiving state shall enter the school in the receiving state on their validated level from an accredited school in the sending state. ARTICLE V PLACEMENT & ATTENDANCE A. Course placement -- When the student transfers before or during the school year, the receiving state school shall initially honor placement of the student in educational THURSDAY, MARCH 29, 2012 4511 courses based on the student's enrollment in the sending state school or educational assessments conducted at the school in the sending state if the courses are offered. Course placement includes, but is not limited to, honors, international baccalaureate, advanced placement, vocational, technical, and career pathways courses. Continuing the student's academic program from the previous school and promoting placement in academically and career challenging courses should be paramount when considering placement. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement and continued enrollment of the student in the course. B. Educational program placement -- The receiving state school shall initially honor placement of the student in educational programs based on current educational assessments conducted at the school in the sending state or participation or placement in like programs in the sending state. Such programs include, but are not limited to, gifted and talented programs and English as a second language. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. C. Special education services. (1) In compliance with the federal requirements of the Individuals with Disabilities Education Act, 20 U.S.C.A. Section 1400 et seq, the receiving state shall initially provide comparable services to a student with a disability based on his or her current Individualized Education Program. (2) In compliance with the requirements of Section 504 of the Rehabilitation Act, 29 U.S.C.A. Section 794, and with Title II of the Americans with Disabilities Act, 42 U.S.C.A. Sections 12131-12165, the receiving state shall make reasonable accommodations and modifications to address the needs of incoming students with disabilities, subject to an existing 504 or Title II Plan, to provide the student with equal access to education. This does not preclude the school in the receiving state from performing subsequent evaluations to ensure appropriate placement of the student. D. Placement flexibility -- Local education agency administrative officials shall have flexibility in waiving course or program prerequisites or other preconditions for placement in courses or programs offered under the jurisdiction of the local education agency. E. Absence as related to deployment activities -- A student whose parent or legal guardian is an active duty member of the uniformed services, as defined by the compact, and has been called to duty for, is on leave from, or immediately returned from deployment to a combat zone or combat support posting shall be granted additional excused absences at the discretion of the local education agency superintendent to visit with his or her parent or legal guardian relative to such leave or deployment of the parent or guardian. 4512 JOURNAL OF THE SENATE ARTICLE VI ELIGIBILITY A. Eligibility for enrollment. (1) Special power of attorney, relative to the guardianship of a child of a military family and executed under applicable law, shall be sufficient for the purposes of enrollment and all other actions requiring parental participation and consent. (2) A local education agency shall be prohibited from charging local tuition to a transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent. (3) A transitioning military child placed in the care of a noncustodial parent or other person standing in loco parentis who lives in a jurisdiction other than that of the custodial parent may continue to attend the school in which he or she was enrolled while residing with the custodial parent. B. Eligibility for extracurricular participation -- State and local education agencies shall facilitate the opportunity for transitioning military children's inclusion in extracurricular activities, regardless of application deadlines, to the extent they are otherwise qualified. ARTICLE VII GRADUATION In order to facilitate the on-time graduation of children of military families, states and local education agencies shall incorporate the following procedures: A. Waiver requirements -- Local education agency administrative officials shall waive specific courses required for graduation if similar course work has been satisfactorily completed in another local education agency or shall provide reasonable justification for denial. Should a waiver not be granted to a student who would qualify to graduate from the sending school, the local education agency shall provide an alternative means of acquiring required coursework so that graduation may occur on time. B. Exit exams -- States shall accept exit or end-of-course exams required for graduation from the sending state, national norm-referenced achievement tests, or alternative testing in lieu of testing requirements for graduation in the receiving state. In the event the above alternatives cannot be accommodated by the receiving state for a student transferring in his or her senior year, then the provisions of Section C of this article shall apply. C. Transfers during Senior year -- Should a military student transferring at the beginning or during his or her senior year be ineligible to graduate from the receiving local education agency after all alternatives have been considered, the sending and receiving local education agencies shall ensure the receipt of a diploma from the sending local education agency if the student meets the graduation requirements of the THURSDAY, MARCH 29, 2012 4513 sending local education agency. In the event that one of the states in question is not a member of this compact, the member state shall use best efforts to facilitate the ontime graduation of the student in accordance with Sections A and B of this article. ARTICLE VIII STATE COORDINATION A. Each member state shall, through the creation of a state council or use of an existing body or board, provide for the coordination among its agencies of government, local education agencies, and military installations concerning the state's participation in, and compliance with, this compact and Interstate Commission activities. While each member state may determine the membership of its own state council, its membership must include at least the state superintendent of education, a superintendent of a school district with a high concentration of military children, a representative from a military installation, one representative from the executive branch of government, and other offices and stakeholder groups the state council deems appropriate. A member state that does not have a school district deemed to contain a high concentration of military children may appoint a superintendent from another school district to represent local education agencies on the state council. B. The state council of each member state shall appoint or designate a military family education liaison to assist military families and the state in facilitating the implementation of this compact. C. The compact commissioner responsible for the administration and management of the state's participation in the compact shall be appointed by the Governor or as otherwise determined by each member state. D. The compact commissioner and the military family education liaison designated herein shall be ex-officio members of the state council, unless either is already a full voting member of the state council. ARTICLE IX INTERSTATE COMMISSION ON EDUCATIONAL OPPORTUNITY FOR MILITARY CHILDREN The member states hereby create the "Interstate Commission on Educational Opportunity for Military Children." The activities of the Interstate Commission are the formation of public policy and are a discretionary state function. The Interstate Commission shall: (1) Be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth herein and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of this compact; (2) Consist of one Interstate Commission voting representative from each member state who shall be that state's compact commissioner and: 4514 JOURNAL OF THE SENATE A. Each member state represented at a meeting of the Interstate Commission is entitled to one vote; B. A majority of the total member states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission; C. A representative shall not delegate a vote to another member state. In the event the compact commissioner is unable to attend a meeting of the Interstate Commission, the Governor or state council may delegate voting authority to another person from their state for a specified meeting; and D. The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication; (3) Consist of ex-officio, nonvoting representatives who are members of interested organizations. Such ex-officio members, as defined in the bylaws, may include, but not be limited to, members of the representative organizations of military family advocates, local education agency officials, parent and teacher groups, the United States Department of Defense, the Education Commission of the States, the Interstate Agreement on the Qualification of Educational Personnel, and other interstate compacts affecting the education of children of military members; (4) Meet at least once each calendar year. The chairperson may call additional meetings and, upon the request of a simple majority of the member states, shall call additional meetings; (5) Establish an executive committee, whose members shall include the officers of the Interstate Commission and such other members of the Interstate Commission as determined by the bylaws. Members of the executive committee shall serve a oneyear term. Members of the executive committee shall be entitled to one vote each. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. The executive committee shall oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact and its bylaws and rules, and other such duties as deemed necessary. The United States Department of Defense, shall serve as an exofficio, nonvoting member of the executive committee; (6) Establish bylaws and rules that provide for conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure information or official records to the extent they would adversely affect personal privacy rights or proprietary interests; (7) Give public notice of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission and its committees may close a meeting, or portion thereof, where it determines by two-thirds vote that an open meeting would be likely to: A. Relate solely to the Interstate Commission's internal personnel practices and procedures; THURSDAY, MARCH 29, 2012 4515 B. Disclose matters specifically exempted from disclosure by federal and state statute; C. Disclose trade secrets or commercial or financial information which is privileged or confidential; D. Involve accusing a person of a crime, or formally censuring a person; E. Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; F. Disclose investigative records compiled for law enforcement purposes; or G. Specifically relate to the Interstate Commission's participation in a civil action or other legal proceeding; (8) For a meeting, or portion of a meeting, closed pursuant to this provision, the Interstate Commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exemptible provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed and the record of a roll-call vote. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Interstate Commission; (9) Collect standardized data concerning the educational transition of the children of military families under this compact as directed through its rules which shall specify the data to be collected, the means of collection, and data exchange and reporting requirements. Such methods of data collection, exchange, and reporting shall, in so far as is reasonably possible, conform to current technology and coordinate its information functions with the appropriate custodian of records as identified in the bylaws and rules; and (10) Create a process that permits military officials, education officials, and parents to inform the Interstate Commission if and when there are alleged violations of the compact or its rules or when issues subject to the jurisdiction of the compact or its rules are not addressed by the state or local education agency. This section shall not be construed to create a private right of action against the Interstate Commission or any member state. ARTICLE X POWERS AND DUTIES OF THE INTERSTATE COMMISSION The Interstate Commission shall have the following powers: (1) To provide for dispute resolution among member states; (2) To promulgate rules and take all necessary actions to effect the goals, purposes, and obligations as enumerated in this compact. The rules shall be binding in the compact states to the extent and in the manner provided in this compact; (3) To issue, upon request of a member state, advisory opinions concerning the meaning or interpretation of the interstate compact, its bylaws, rules, and actions; 4516 JOURNAL OF THE SENATE (4) To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process; (5) To establish and maintain offices which shall be located within one or more of the member states; (6) To purchase and maintain insurance and bonds; (7) To borrow, accept, hire, or contract for services of personnel; (8) To establish and appoint committees, including, but not limited to, an executive committee as required by Article IX, Section (5) of this compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder; (9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties, and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel; (10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it; (11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed; (12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed; (13) To establish a budget and make expenditures; (14) To adopt a seal and bylaws governing the management and operation of the Interstate Commission; (15) To report annually to the legislatures, governors, judiciary, and state councils of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include any recommendations that may have been adopted by the Interstate Commission; (16) To coordinate education, training, and public awareness regarding the compact, its implementation, and operation for officials and parents involved in such activity; (17) To establish uniform standards for the reporting, collecting, and exchanging of data; (18) To maintain corporate books and records in accordance with the bylaws; (19) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact; and (20) To provide for the uniform collection and sharing of information between and among member states, schools, and military families under this compact. ARTICLE XI ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION A. The Interstate Commission shall, by a majority of the members present and voting, within 12 months after the first Interstate Commission meeting, adopt bylaws THURSDAY, MARCH 29, 2012 4517 to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to: (1) Establishing the fiscal year of the Interstate Commission; (2) Establishing an executive committee, and such other committees as may be necessary; (3) Providing for the establishment of committees and for governing any general or specific delegation of authority or function of the Interstate Commission; (4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting; (5) Establishing the titles and responsibilities of the officers and staff of the Interstate Commission; (6) Providing a mechanism for concluding the operations of the Interstate Commission and the return of surplus funds that may exist upon the termination of the compact after the payment and reserving of all of its debts and obligations; and (7) Providing "start up" rules for initial administration of the compact. B. The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson, a vice chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson or, in the chairperson's absence or disability, the vice chairperson shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided, however, that subject to the availability of budgeted funds, the officers shall be reimbursed for ordinary and necessary costs and expenses incurred by them in the performance of their responsibilities as officers of the Interstate Commission. C. Executive Committee, Officers, and Personnel. (1) The executive committee shall have such authority and duties as may be set forth in the bylaws, including, but not limited to: (i) Managing the affairs of the Interstate Commission in a manner consistent with the bylaws and purposes of the Interstate Commission; (ii) Overseeing an organizational structure within, and appropriate procedures for, the Interstate Commission to provide for the creation of rules, operating procedures, and administrative and technical support functions; and (iii) Planning, implementing, and coordinating communications and activities with other state, federal, and local government organizations in order to advance the goals of the Interstate Commission. (2) The executive committee may, subject to the approval of the Interstate Commission, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation, as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, but shall not be a member of the Interstate Commission. The executive director shall hire and supervise such other persons as may be authorized by the Interstate Commission. D. The Interstate Commission's executive director and its employees shall be immune 4518 JOURNAL OF THE SENATE from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided, however, that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (1) The liability of the Interstate Commission's executive director and employees or Interstate Commission representatives, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state, may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person. (2) The Interstate Commission shall defend the executive director and its employees and, subject to the approval of the Attorney General or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person. (3) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons. ARTICLE XII RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION A. Rulemaking Authority -- The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of this compact; provided however, that in the event the Interstate Commission exercises its THURSDAY, MARCH 29, 2012 4519 rulemaking authority in a manner that is beyond the scope of the purposes of this compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect. B. Rulemaking Procedure -- Rules shall be made pursuant to a rulemaking process that substantially conforms to the "Model State Administrative Procedure Act," of 1981 Act, Uniform Laws Annotated, Vol. 15, p. 1 (2000) as amended, as may be appropriate to the operations of the Interstate Commission. C. Not later than 30 days after a rule is promulgated, any person may file a petition for judicial review of the rule, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the Interstate Commission's authority. D. If a majority of the legislatures of the compacting states rejects a rule by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state. ARTICLE XIII OVERSIGHT, ENFORCEMENT, AND DISPUTE RESOLUTION A. Oversight. (1) The executive, legislative, and judicial branches of state government in each member state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact shall have standing as statutory law. (2) All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this compact which may affect the powers, responsibilities, or actions of the Interstate Commission. (3) The Interstate Commission shall be entitled to receive all service of process in any such proceeding and shall have standing to intervene in the proceeding for all purposes. Failure to provide service of process to the Interstate Commission shall render a judgment or order void as to the Interstate Commission, this compact, or promulgated rules. B. Default, Technical Assistance, Suspension, and Termination -- If the Interstate Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact, or the bylaws or promulgated rules, the Interstate Commission shall: (1) Provide written notice to the defaulting state and other member states of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; 4520 JOURNAL OF THE SENATE (2) Provide remedial training and specific technical assistance regarding the default; (3) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default; (4) Suspension or termination of membership in the compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Interstate Commission to the Governor, the majority and minority leaders of the defaulting state's legislature, and each of the member states; (5) The state which has been suspended or terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of suspension or termination, including obligations, the performance of which extends beyond the effective date of suspension or termination; (6) The Interstate Commission shall not bear any costs relating to any state that has been found to be in default or which has been suspended or terminated from the compact unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state; and (7) The defaulting state may appeal the action of the Interstate Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices. The prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees. C. Dispute Resolution. (1) The Interstate Commission shall attempt, upon the request of a member state, to resolve disputes which are subject to the compact and which may arise among member states and between member and nonmember states. (2) The Interstate Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. D. Enforcement. (1) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. (2) The Interstate Commission may, by majority vote of the members, initiate legal action in the United State District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its principal offices, to enforce compliance with the provisions of the compact, its promulgated rules, and bylaws against a member state in default. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation, including reasonable attorney's fees. THURSDAY, MARCH 29, 2012 4521 (3) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession. ARTICLE XIV FINANCING OF THE INTERSTATE COMMISSION A. The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. B. The Interstate Commission may levy on and collect an annual assessment from each member state to cover the cost of the operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, which shall promulgate a rule binding upon all member states. C. The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the member states. D. The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Interstate Commission. ARTICLE XV MEMBER STATES, EFFECTIVE DATE, AND AMENDMENT A. Any state is eligible to become a member state. B. This compact shall become effective and binding upon legislative enactment of this compact into law by no less than ten of the states. The effective date shall be no earlier than December 1, 2011. Thereafter, it shall become effective and binding as to any other member state upon enactment of the compact into law by that state. The Governors of nonmember states or their designees shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the compact by all states. C. The Interstate Commission may propose amendments to the compact for enactment by the member states. No amendment shall become effective and binding upon the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states. 4522 JOURNAL OF THE SENATE ARTICLE XVI WITHDRAWAL AND DISSOLUTION A. Withdrawal. (1) Once effective, the compact shall continue in force and remain binding upon each and every member state, provided that a member state may withdraw from the compact by specifically repealing the statute which enacted the compact into law. (2) Withdrawal from this compact shall be by the enactment of a statute repealing the same. (3) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof. (4) The withdrawing state is responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal. (5) Reinstatement following withdrawal of a member state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission. B. Dissolution of Compact. (1) This compact shall dissolve effective upon the date of the withdrawal or default of the member state which reduces the membership in the compact to one member state. (2) Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws. ARTICLE XVII SEVERABILITY AND CONSTRUCTION A. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. B. The provisions of this compact shall be liberally construed to effectuate its purposes. C. Nothing in this compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members. THURSDAY, MARCH 29, 2012 4523 ARTICLE XVIII BINDING EFFECT OF COMPACT AND OTHER LAWS A. Other Laws. (1) Nothing herein shall prevent the enforcement of any other law of a member state that is not inconsistent with this compact. (2) All member states' laws conflicting with this compact are superseded to the extent of the conflict. B. Binding Effect of the Compact. (1) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the member states. (2) All agreements between the Interstate Commission and the member states are binding in accordance with their terms. (3) In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.'" SECTION 2. On the date this Act becomes effective as provided in Article XV of this compact, Article 35 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to education of military dependents, shall be repealed in its entirety. SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Loudermilk of the 52nd moved that the Senate agree to the House substitute to SB 227. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Jeffares Y Jones Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C 4524 JOURNAL OF THE SENATE Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 54, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 227. Senator Jeffares of the 17th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: SB 33. By Senators Shafer of the 48th, Chance of the 16th, Davis of the 22nd, Hill of the 32nd, Staton of the 18th and others: A BILL to be entitled an Act to amend Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," so as to provide short titles; to provide for the application of zero-base budgeting to the budget process; to provide for analysis of departmental and program objectives; to provide for consideration of alternative funding levels; to provide for departmental priority lists; to provide for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 33 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 33 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Shafer of the 48th /s/ Senator McKoon of the 29th /s/ Senator Hill of the 4th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Allison of the 8th /s/ Representative Martin of the 47th /s/ Representative Cheokas of the 134th THURSDAY, MARCH 29, 2012 4525 COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 33 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 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. Part 1 of Article 4 of Chapter 12 of Title 45 of the Official Code of Georgia Annotated, known as the "Budget Act," is amended by adding a new Code section to read as follows: "45-12-75.1. (a) The Governor in preparing his or her budget report under Code Section 45-12-75, and budget units in preparing their budget estimates under Code Section 45-12-78, shall make use of zero-base budgeting as provided in this Code section. The requirements of this Code section shall apply to the budget report presented to the General Assembly in January of 2013 and each year thereafter. (b) It is the intent of this Code section that in any given year the Governor's budget report shall include zero-base budgeting for the agencies and programs as identified by the House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget. The House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget shall require each agency to use zero-base budgeting at least once every ten years and shall not require any agency or program to use zero-base budgeting more often than once every eight years. The House Budget Office and Senate Budget Office in consultation with The Governor's Office of Planning and Budget shall balance the number of agencies and programs submitting zero-base budgets with staff available for preparing a budget and staff available for conducting review and analysis of the budget submission. The Governor and the Office of Planning and Budget shall prescribe the forms and format for zero-base budgets and serve as the entity designated for coordinating the preparation of zero-base budgets by the executive branch. (c) In the years in which zero-base budgeting applies, each budget unit shall include in its budget estimate an analysis summarizing the prior two fiscal years and proposed spending plans by program, object class, and revenue source. Information presented shall include the following: (1) A statement of the budget unit's departmental and program purposes; effectiveness, efficiency, and equity measures; and program size indicators; and 4526 JOURNAL OF THE SENATE (2) A priority listing encompassing all alternative funding levels for all programs. (d) In the years in which an agency or program submits a zero-base budget, the Governor shall include in the budget report relevant materials related to each budget unit's submission under subsection (c) of this Code section and such other relevant material as deemed appropriate by the Governor. (e) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that the Board of Regents of the University System of Georgia shall be a budget unit subject to this Code section and the programs of the board of regents shall be periodically subject to zero-base budgeting as provided for in this Code section and in keeping with the Constitution. (f) Without in any way limiting the generality of the other provisions of this Code section, it is specifically provided that in the budget report presented to the General Assembly in January of 2013 the Department of Education's budget shall be submitted as a zero-base budget according to the guidelines contained in this Code section. (g) The judicial branch is encouraged to participate in the zero-base budgeting process. (h) The Joint Fiscal Affairs Subcommittee, as authorized under Code Section 28-5-23, may review all information and materials related to any zero-base budget request to include hearings as necessary. (i) The Office of Planning and Budget and the Joint Fiscal Affairs Subcommittee shall maintain effectiveness, efficiency, and equity measures related to zero-base budgeting. (j) This Code section shall be automatically repealed on June 30, 2020, unless reauthorized by 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. Senator Shafer of the 48th moved that the Senate adopt the Conference Committee Report on SB 33. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton THURSDAY, MARCH 29, 2012 4527 Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant N Jackson, L Y James E Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 33. The following resolution was taken up to consider House action thereto: HR 1150. By Representatives Coleman of the 97th, England of the 108th, Dickson of the 6th, Kaiser of the 59th, Abrams of the 84th and others: A RESOLUTION proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate Finance Committee substitute to HR 1150 (LC 34 3523S) by replacing lines 1 through 30 with the following: Proposing an amendment to the Constitution so as to provide that the sales and use tax for educational purposes shall only be distributed on the basis of full-time equivalent student counts when proceeds are distributed between a county school district and the independent school districts located in such county; to provide for the submission of this amendment for ratification or rejection; and for other purposes. BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article VIII, Section VI, Paragraph IV of the Constitution is amended by revising subparagraph (g) as follows: "(g) The net proceeds of the tax shall be distributed between the county school district 4528 JOURNAL OF THE SENATE and the independent school districts, or portion thereof, located in such county according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest FTE full-time equivalent count prior to the referendum on imposing the tax." SECTION 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article X, Section I, Paragraph II of the Constitution. The ballot submitting the above proposed amendment shall have written or printed thereon the following: "( ) YES Shall the Constitution of Georgia be amended to assure that any one cent sales and use tax for educational purposes is distributed equally to a ( ) NO school system on a per student basis?" 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 Tippins of the 37th asked unanimous consent that the Senate disagree to the House amendment to the Senate substitute to HR 1150. The consent was granted, and the Senate disagreed to the House amendment to the Senate substitute to HR 1150. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 431. By Senators Hill of the 32nd and Loudermilk of the 52nd: 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 add medical identity fraud to the provisions relating to identity fraud; to provide for definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4529 Mr. President: The House insists on its position in substituting the following Bill of the Senate: SB 225. By Senators Miller of the 49th, Bethel of the 54th, Crosby of the 13th, Cowsert of the 46th, McKoon of the 29th 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 criminal offenses, so as to provide for a new offense of transmitting a false report of a crime; 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. Mr. President: The House has passed, by substitute, by the requisite constitutional majority the following Bill of the Senate: SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; to provide for related matters; to repeal conflicting laws; and for other purposes. Senator Hamrick of the 30th was excused for business outside the Senate Chamber. The following bill was taken up to consider the Conference Committee Report thereto: HB 129. By Representatives McKillip of the 115th, Lindsey of the 54th, Hatfield of the 177th, Evans of the 40th and Willard of the 49th: A BILL to be entitled an Act to amend Article 1 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating generally to mortgages, 4530 JOURNAL OF THE SENATE conveyances to secure debt, and liens, so as to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; 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 129 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 129 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Gooch of the 51st /s/ Senator Grant of the 25th /s/ Senator Stone of the 23rd /s/ Representative McKillip of the 115th /s/ Representative Allison of the 8th /s/ Representative Jacobs of the 80th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 129 A BILL TO BE ENTITLED AN ACT To amend Title 44 of the Official Code of Georgia Annotated, relating to property, so as to change certain provisions relating to property; to prohibit a fee for a future conveyance of real property except under limited circumstances; to provide for a definition; to provide for certain requirements for obtaining money judgments on obligations secured by deeds to secure debts or mortgages on real property; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 44 of the Official Code of Georgia Annotated, relating to property, is amended by adding a new Code section to read as follows: "44-14-14. (a) As used in this Code section, the term 'conveyance of real property' shall include a conveyance or other transfer of an interest or estate in real property other than by judicial or nonjudicial foreclosure. (b) A restriction or covenant running with the land applicable to the conveyance of real property that requires a transferee or transferor of real property or the transferee's or THURSDAY, MARCH 29, 2012 4531 transferor's heirs, successors, or assigns to pay a declarant or other person imposing the restriction or covenant on the property or a third party designated by such declarant or other person, or a successor, assignee, or designee of any thereof, a fee in connection with a future transfer of the property shall be prohibited. A restriction or covenant running with the land that violates this Code section or a lien purporting to encumber the land to secure a right under a restriction or covenant running with the land that violates this Code section shall be void and unenforceable. (c) This Code section shall not apply to a restriction or covenant that requires a fee associated with the conveyance of property to be paid to: (1) An association formed for the purposes of exercising the powers of the association of any condominium created pursuant to Article 3 of Chapter 3 of this title, the 'Georgia Condominium Act'; (2) A property owners' association formed for the purposes of exercising the powers of the property owners' association pursuant to Article 6 of Chapter 3 of this title, the 'Georgia Property Owners' Association Act'; (3) A property owners' association formed for the purposes of exercising the powers of an association of property owners that has not been formed pursuant to or which has not adopted the provisions of Article 6 of Chapter 3 of this title, the 'Georgia Property Owners' Association Act,' provided that such association shall comply with subsection (d) of Code Section 44-3-232; (4) A person or entity under the general supervision of the Public Service Commission as provided for in subsection (a) of Code Section 46-2-20, provided that the fee is charged for expenses incurred in the administration of ongoing services or rights provided to the property interest conveyed; or (5) A community land trust or community development corporation that is taxexempt under Section 501(c)(3) of the federal Internal Revenue Code, provided that the fee is charged for and applied to expenses incurred in the administration of ongoing community program services or rights provided to shared equity property interests within, as applicable, the land subject to the community land trust or the geographic area served by the community development corporation." SECTION 2. Said title is further amended by adding a new Code section to read as follows: "44-14-161.1. When the holder of a deed to secure debt, mortgage, or other lien contract against real estate obtains a judgment on the debt prior to foreclosure of the real estate and thereafter forecloses on the real estate, any person or entity obligated on the debt may file, within 30 days after the date of foreclosure, a complaint against the holder to establish the fair market value of the real estate. The court shall make a finding of the fair market value of the real estate as of the date of foreclosure. If the court determines that the real estate has been sold for less than fair market value, the holder may elect that either: (1) The court set aside the foreclosure sale and order resale of the real estate; or 4532 JOURNAL OF THE SENATE (2) The remaining balance on the judgment be reduced by the fair market value, with any sum in excess of full satisfaction of the amount remaining due on the judgment to be paid from the holder to such person or entity obligated on the debt." 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 Stone of the 23rd moved that the Senate adopt the Conference Committee Report on HB 129. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance N Cowsert N Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 3; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 129. The following bill was taken up to consider House action thereto: THURSDAY, MARCH 29, 2012 4533 SB 368. By Senators Carter of the 1st, Ligon, Jr. of the 3rd, Millar of the 40th and Jackson of the 2nd: 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 continuing competency requirements as the board of nursing may require by rules or regulations as a requirement of renewal of licenses; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. Senator Carter of the 1st asked unanimous consent that the Senate adhere to its disagreement to the House substitute to SB 368 and that a Conference Committee be appointed. The consent was granted, and the President appointed as a Conference Committee the following Senators: Carter of the 1st, Goggans of the 7th and Unterman of the 45th. The following bill was taken up to consider House action thereto: SB 236. By Senators Cowsert of the 46th, Crosby of the 13th, Williams of the 19th and Goggans of the 7th: A BILL to be entitled an Act to amend Article 3 of Chapter 5 of Title 40 of the O.C.G.A., relating to cancellation, suspension, and revocation of drivers' licenses, so as to provide for matters relative to drivers' licenses of persons convicted of driving under the influence; to amend Article 7 of Chapter 8 of Title 42 of the O.C.G.A., relating to ignition interlock devices as probation condition, so as to provide the courts with more authority with regard to the availability of ignition interlock device limited driving permits or probationary licenses and habitual violator probationary licenses for drivers convicted of a second DUI; to provide a court the ability to issue a certificate for such permits and licenses; to change provisions relating to proof of compliance with Code Section 42-8-111; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 20-2-142 and Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to prescribed courses and the development and dissemination of instructional materials on the effect of alcohol and drivers' licenses, respectively, so as to provide for matters relative to drivers' licenses of persons convicted of driving under 4534 JOURNAL OF THE SENATE the influence and the effect of driving under the influence; to provide for approval of outof-state driver educational courses for certain children whose parents are in the active military service of the United States; to provide for a voluntary parent or guardian participation component in the alcohol and drug course required for obtaining a driver's license for a person under 18 years of age; to provide for a free motor vehicle report under certain circumstances; to provide for matters relative to drivers' licenses of persons convicted of driving under the influence; to allow certain drivers with suspended licenses to be issued limited driving permits; to provide for the issuance of a limited driving permit to a person convicted of driving under the influence subject to certain conditions; to amend Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, so as to provide the courts with more authority with regard to the availability of ignition interlock device limited driving permits or probationary licenses and habitual violator probationary licenses for drivers convicted of a second DUI; to provide a court the ability to issue a certificate for such permits and licenses; to change provisions relating to proof of compliance with Code Section 42-8-111; to provide for revocation of probation under certain circumstances; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 20-2-142 of the Official Code of Georgia Annotated, relating to prescribed courses and the development and dissemination of instructional materials on the effect of alcohol, is amended by revising subsection (b) as follows: "(b)(1) The State Board of Education and the Board of Driver Services shall jointly establish an alcohol and drug course for the purpose of informing the young people of this state of the dangers involved in consuming alcohol or certain drugs in connection with the operation of a motor vehicle. The course shall be designed to generate greater interest in highway safety and accident prevention. The state board and the Board of Driver Services shall jointly, by rules or regulations, determine the contents of the course and its duration. The commissioner of driver services shall make available officers, employees, officials, agents, contractors, or other appropriate representatives as determined by the commissioner of driver services to teach the alcohol and drug course. The alcohol and drug course shall be offered periodically but not less than once annually in the public schools of this state to students in grades nine and above in the manner prescribed by the state board. (2) The alcohol and drug course required by this subsection shall make available as a part of such course a voluntary parent or guardian participation component which substantially complies with the following requirements: (A) A joint session with the parent or guardian and child which provides opportunities for parents or guardians to voluntarily participate in the guidance and delivery of the antidrug and antialcohol instruction; and THURSDAY, MARCH 29, 2012 4535 (B) A separate voluntary component solely for parental or guardian instruction that provides drug prevention strategies, legal accountability information, an opportunity for parent or guardian questions, and any other information that would offer parents or guardians a framework for the protection of their children from alcohol and other drug use. (2)(3) All schools with grade nine or above which receive funds in any manner from the state shall make available to eligible students and their parents or guardians the alcohol and drug course provided in paragraph (1) of this subsection. (3)(4) The commissioner of driver services shall make the alcohol and drug course, and instructors where necessary, available to the private schools in this state. In addition, the commissioner of driver services shall offer the alcohol and drug course periodically at various locations in the this state in the manner provided by the Board of Driver Services. The commissioner shall also be authorized to offer such course electronically online or in such other manner as determined appropriate by the commissioner." SECTION 2. Chapter 5 of Title 40 of the Official Code of Georgia Annotated, relating to drivers' licenses, is amended by revising paragraph (2) of subsection (a.2) of Code Section 40-522, relating to persons not to be licensed and school attendance requirements, as follows: "(2) The commissioner shall by rule or regulation establish standards for approval of any driver education course for purposes of subparagraph (A) of paragraph (1) of this subsection, provided that such course shall be designed to educate young drivers about safe driving practices and the traffic laws of this state and to train young drivers in the safe operation of motor vehicles, and provided, further, that the commissioner shall provide for the approval of courses from other states to satisfy the requirements of this paragraph for any child moving into this state within nine months of his or her sixteenth birthday when the child's parent is in the active military service of the United States." SECTION 2A. Said chapter is further amended by adding a new subsection to Code Section 40-5-25, relating to driver's license application fees, to read as follows: "(f) The General Assembly finds that it is in the best interests of this state to encourage alcohol and drug education to inform young people of the dangers involved in consuming alcohol or certain drugs while operating a motor vehicle. The General Assembly further finds that parental or guardian involvement in an alcohol and drug awareness program will assist in reducing the number of young persons involved in driving under the influence of drugs or alcohol. To promote these purposes, where a parent or guardian successfully participates in the parent-guardian component of the alcohol and drug course required by subsection (a) of Code Section 40-5-22 as prescribed in subsection (b) of Code Section 20-2-142, each parent or guardian shall be entitled to a one-time three-year online motor vehicle report." 4536 JOURNAL OF THE SENATE SECTION 3. Said chapter is further amended by revising subsections (b), (b.1), and (c) of Code Section 40-5-57.1, relating to suspensions of licenses of persons under age 21, as follows: "(b) A person whose driver's license has been suspended under subsection (a) of this Code section shall: (1) Subject to the requirements of subsection (c) of this Code section and except as otherwise provided by paragraph (2) of this subsection: (A) Upon a first such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after six months; and (B) Upon a second or subsequent such suspension, be eligible to apply for license reinstatement and, subject to payment of required fees, have his or her driver's license reinstated after 12 months; or (2)(A) If the driver's license was suspended upon conviction for violation of Code Section 40-6-391, be subject to the provisions of Code Section 40-5-63. (B) If such driver was convicted of driving under the influence of alcohol or of having an unlawful alcohol concentration and is otherwise subject to the provisions of paragraph (1) of subsection (a) of Code Section 40-5-63, then such person shall not be eligible for a limited driving permit under Code Section 40-5-64, and: (i) If the driver's alcohol concentration at the time of the offense was less than 0.08 grams, he or she shall not be eligible for license reinstatement until the end of six months; or (ii) If the driver's alcohol concentration at the time of the offense was 0.08 grams or more, he or she shall not be eligible for license reinstatement until the end of 12 months. (2)(A) Upon the first conviction of a violation of Code Section 40-6-391, with no arrest and conviction of and no plea of nolo contendere accepted to such offense within the previous five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of six months unless the driver's blood alcohol concentration at the time of the offense was 0.08 grams or more or the person has previously been subject to a suspension pursuant to paragraph (1) of this subsection, in which case the period of suspension shall be for 12 months. (B) Upon the second conviction of a violation of Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, have his or her license suspended for a period of 18 months. (C) Upon the third conviction of any such offense within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, be considered a habitual violator, and such person's license shall be revoked as provided for in Code Section 40-5-58. THURSDAY, MARCH 29, 2012 4537 (b.1) In any case where a person's driver's license was administratively suspended as a result of the offense a violation of Code Section 40-6-391 for which the person's driver's license has been suspended pursuant to this Code section, the administrative license suspension period and the license suspension period provided by this Code section may run concurrently, and any completed portion of such administrative license suspension period shall apply toward completion of the license suspension period provided by this Code section. (c)(1) Any driver's license suspended under subsection (a) of this Code section for commission of any offense other than violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a defensive driving program approved by the department and pays the applicable reinstatement fee. Any driver's license suspended under subsection (a) of this Code section for commission of a violation of Code Section 40-6-391 shall not become valid and shall remain suspended until such person submits proof of completion of a DUI Drug or Alcohol Use Risk Reduction Program and pays the applicable reinstatement fee. (2) The reinstatement fee for a first such conviction suspension shall be $210.00 or $200.00 if paid by mail. The reinstatement fee for a second or subsequent such conviction suspension shall be $310.00 or $300.00 if paid by mail." SECTION 4. Said chapter is further amended by revising Code Section 40-5-63.1, relating to clinical evaluations and treatment, as follows: "40-5-63.1. In addition to any and all other conditions of license reinstatement, issuance, or restoration under Code Section 40-5-57.1, 40-5-58, 40-5-62, or 40-5-63, any person with two or more convictions for violating Code Section 40-6-391 within ten years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be required to undergo a clinical evaluation and, if recommended as a part of such evaluation, shall complete a substance abuse treatment program prior to such license reinstatement, issuance, or restoration; provided, however, that such evaluation and treatment shall be at such person's expense except as otherwise provided by Code Section 37-7-120. Acceptable proof of completion of such a program shall be submitted to the department prior to license reinstatement, issuance, or restoration. For purposes of this Code section, a plea of nolo contendere to a charge of violating Code Section 40-6-391 and all prior accepted pleas of nolo contendere within ten years, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a plea of nolo contendere is accepted, shall be considered and counted as convictions." 4538 JOURNAL OF THE SENATE SECTION 5. Said chapter is further amended by revising subsections (a), (c), (c.1), and (e) of Code Section 40-5-64, relating to the 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, 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 years of age or over older 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 as a result of a second conviction for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, may apply for a limited driving permit after serving at least 120 days of the suspension required for such conviction and providing a certificate of eligibility from a drug court program in the court in which he or she was convicted of the offense for which such suspension was imposed or proof of enrollment in clinical treatment as provided in Code Section 40-5-63.1. (3) To the extent a person is subject to more than one suspension for which a permit may be issued, the department shall not issue such permit unless the suspensions are for a conviction for driving under the influence in violation of Code Section 40-6-391 imposed pursuant to Code Section 40-5-63 and an administrative suspension imposed pursuant to paragraph (1) of subsection (a) of Code Section 40-5-67.2 arising from the same incident." "(c) Standards for approval. The department shall issue a limited driving permit if the application indicates that refusal to issue such permit would cause extreme hardship to the applicant. Except as otherwise provided by subsection (c.1) of this Code section, for the purposes of this Code section, 'extreme hardship' means that the applicant cannot reasonably obtain other transportation, and therefore the applicant would be prohibited from: (1) Going to his or her place of employment or performing the normal duties of his or her occupation; THURSDAY, MARCH 29, 2012 4539 (2) Receiving scheduled medical care or obtaining prescription drugs; (3) Attending a college or school at which he or she is regularly enrolled as a student; (4) Attending regularly scheduled sessions or meetings of support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; or (5) Attending under court order any driver education or improvement school or alcohol or drug program or course approved by the court which entered the judgment of conviction resulting in suspension of his or her driver's license or by the commissioner; (6) Attending court, reporting to a probation office or officer, or performing community service; or (7) Transporting an immediate family member who does not hold a valid driver's license for work, medical care, or prescriptions or to school. (c.1)(1) Exception to standards for approval. The provisions of paragraphs (2), (3), (4), and (5) of subsection (c) of this Code section shall not apply and shall not be considered for purposes of granting a limited driving permit or imposing conditions thereon under this Code section in the case of a driver's license suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22. (2) An ignition interlock device limited driving permit shall be restricted to allow the holder thereof to drive solely for the following purposes: (A) Going to his or her place of employment; (B) Attending a college or school at which he or she is regularly enrolled as a student; (C) Attending regularly scheduled sessions or meetings of treatment support organizations for persons who have addiction or abuse problems related to alcohol or other drugs, which organizations are recognized by the commissioner; and (D) Going for monthly monitoring visits with the permit holder's ignition interlock device service provider." "(e) Fees, duration, renewal, and replacement of permit. (1) A permit issued pursuant to this Code section shall be $25.00 and shall become invalid upon the driver's eighteenth birthday in the case of a suspension under paragraph (2) of subsection (a.1) of Code Section 40-5-22, upon the expiration of one year following issuance thereof in the case of a suspension for an offense listed in Code Section 40-5-54 or a suspension under Code Section 40-5-57, or a suspension in accordance with paragraph (1) of subsection (a) of Code Section 40-5-63 for a violation of Code Section 40-6-391, or 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 4540 JOURNAL OF THE SENATE 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 limited driving permit issued to him or her. (2) An ignition interlock device limited driving permit shall be valid for a period of eight months. Upon successful completion of eight months of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of six months as provided in paragraph (1) of this subsection." SECTION 6. Article 7 of Chapter 8 of Title 42 of the Official Code of Georgia Annotated, relating to ignition interlock devices as probation condition, is amended by revising subsections (a), (b), and (c) of Code Section 42-8-111, relating to court ordered installation of ignition interlock devices, as follows: "(a) In addition to any other provision of probation, upon Upon a second or subsequent conviction of a resident of this state for violating Code Section 40-6-391 within five years, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, for which such person is granted probation, the court shall order as conditions of probation that issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license, subject to the following conditions: (1) Such person shall have installed and shall maintain in each motor vehicle registered in such person's name throughout the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 for a period of not less than eight months a functioning, certified ignition interlock device, unless the court exempts the person from the requirements of this paragraph based upon the court's determination that such requirements would subject the person to undue financial hardship; and (2) Such person shall have installed and shall maintain in any other motor vehicle to be driven by such person during the applicable six-month period prescribed by subsection (b) of Code Section 42-8-112 for a period of not less than eight months a functioning, certified ignition interlock device, and such person shall not during such six-month period drive any motor vehicle whatsoever that is not so equipped during THURSDAY, MARCH 29, 2012 4541 such period. Upon successful completion of eight months of monitoring of such ignition interlock device, the restriction for maintaining and using such ignition interlock device shall be removed, and the permit may be renewed for additional periods of six months as provided in paragraph (1) of subsection (e) of Code Section 40-5-64; and (3) Such person shall participate in a substance abuse treatment program as defined in paragraph (16.2) of Code Section 40-5-1 or a drug court program in compliance with Code Section 15-1-15 for a period of not less than 120 days. For the purposes of this subsection, a plea of nolo contendere shall constitute a conviction; and a conviction of any offense under the law of another state or territory substantially conforming to any offense under Code Section 40-6-391 shall be deemed a conviction of violating said Code section. (b) Any resident of this state who is ordered to use an ignition interlock device, as a condition of probation, shall complete the DUI Alcohol or Drug Use Risk Reduction Program and submit to the court or probation department a certificate of completion of the DUI Alcohol or Drug Use Risk Reduction Program and certification of installation of a certified ignition interlock device to the extent required by subsection (a) of this Code section. The court may, in its discretion, decline to issue a certificate of eligibility for an ignition interlock device limited driving permit or probationary license for any reason or exempt a person from any or all ignition interlock device requirements upon a determination that such requirements would subject such person to undue financial hardship. Notwithstanding any contrary provision of Code Section 40-13-32 or 40-1333, a determination of financial hardship may be made at the time of conviction or any time thereafter. (c) In the case of any person subject to the provisions of subsection (a) of this Code section, the court shall include in the record of conviction or violation submitted to the Department of Driver Services notice of the requirement for, and the period of the requirement for, the use of a certified ignition interlock device a copy of the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued by the court or documentation of the court's decision to decline to issue such certificate. Such notice certificate shall specify any exemption from the installation requirements of paragraph (1) of subsection (a) of this Code section and any vehicles subject to the installation requirements of paragraph (2) of said such subsection. The records of the Department of Driver Services shall contain a record reflecting mandatory use of such device certificate, and the person's driver's license or, limited driving permit, or probationary license shall contain a notation that the person may only operate a motor vehicle equipped with a functioning, certified ignition interlock device." SECTION 7. Said article is further amended by revising subsections (a) and (b) of Code Section 42-8112, relating to proof of compliance required for reinstatement of certain drivers' licenses and for obtaining probationary license, as follows: 4542 JOURNAL OF THE SENATE "(a)(1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is suspended pursuant to subparagraph (b)(2)(C) of Code Section 40-5-57.1 or paragraph (2) of subsection (a) of Code Section 40-5-63, the Department of Driver Services shall not issue an ignition interlock device limited driving permit until after the expiration of 120 days from the date of the conviction for which such certificate was granted. In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is not suspended or revoked, the court shall require the person to surrender his or her driver's license to the court immediately and provide proof of compliance with such order to the court or the probation officer and obtain an ignition interlock device restricted driving license within 30 days. Upon expiration of the period of time for which such person is required to use an ignition interlock device, the person may apply for and receive a regular driver's license upon payment of the fee provided for in Code Section 40-5-25. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 and receipt of the restricted driving license within such period, absent a finding by the court of good cause for that failure, which finding is entered in the court's record, the court shall revoke or terminate the probation. (2) The Department of Driver Services shall condition issuance of an ignition interlock device limited driving permit for such person upon receipt of acceptable documentation of the following: (A) That the person to whom such permit is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program; (B) That such person has completed a clinical evaluation as defined in Code Section 40-5-1 and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program; (C) That such person has installed an ignition interlock device in any vehicle that he or she will be operating; and (D) A certificate of eligibility for an ignition interlock device limited driving permit or probationary license from the court that sentenced such person for the conviction that resulted in the suspension or revocation of his or her driver's license for which he or she is applying for a limited driving permit or probationary license. (b)(1) In any case where the court grants a certificate of eligibility for an ignition interlock device limited driving permit or probationary license pursuant to Code Section 42-8-111 to a person whose driver's license is revoked as a habitual violator pursuant to Code Section 40-5-58, the Department of Driver Services shall not issue a habitual violator probationary license until after the expiration of two years from the date of the conviction for which such certificate was granted. In any case where the court imposes the use of an ignition interlock device as a condition of probation on a resident of this state whose driving privilege is suspended or revoked, the court shall require the person to provide proof of compliance with such order to the court or the THURSDAY, MARCH 29, 2012 4543 probation officer and the Department of Driver Services not later than ten days after the date on which such person first becomes eligible to apply for an ignition interlock device limited driving permit in accordance with paragraph (2) of this subsection or a habitual violator's probationary license in accordance with paragraph (3) of this subsection, whichever is applicable. If such person fails to provide proof of installation to the extent required by subsection (a) of Code Section 42-8-111 within the period required by this subsection, absent a finding by the court of good cause for that failure, which finding is entered on the court's record, the court shall revoke or terminate the probation if such is still applicable. (2) The Department of Driver Services shall condition issuance of a habitual violator probationary license for such person upon receipt of acceptable documentation of the following: If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-63 or 40-5-67.2 to apply for reinstatement of his or her driver's license during the period of suspension, such person shall, prior to applying for reinstatement of the license, have an ignition interlock device installed and shall maintain such ignition interlock device in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months running concurrently with that of an ignition interlock device limited driving permit, which permit shall not be issued until such person submits to the department proof of completion of a DUI Alcohol or Drug Use Risk Reduction Program, proof of having undergone any clinical evaluation and of having enrolled in any substance abuse treatment program required by Code Section 40-563.1, and proof of installation of an ignition interlock device on a vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111. Such a person may apply for and be issued an ignition interlock device limited driving permit at the end of 12 months after the suspension of the driver's license. At the expiration of such six-month ignition interlock device limited driving permit, the driver may, if otherwise qualified, apply for reinstatement of a regular driver's license upon payment of the fee provided in Code Section 40-5-25. (A) That the person to whom such license is to be issued has completed a DUI Alcohol or Drug Use Risk Reduction Program; (B) That such person has completed a clinical evaluation as defined in Code Section 40-5-1 and enrolled in a substance abuse treatment program approved by the Department of Human Services or is enrolled in a drug court program; (C) That such person has installed an ignition interlock device in any vehicle that he or she will be operating; and (D) A certificate of eligibility for an ignition interlock device limited driving permit or probationary license from the court that sentenced such person for the conviction that resulted in the suspension or revocation of his or her driver's license for which he or she is applying for a limited driving permit or probationary license. (3) If the person subject to court ordered use of an ignition interlock device as a condition of probation is authorized under Code Section 40-5-58 or under Code Section 40-5-67.2 to obtain a habitual violator's probationary license, such person 4544 JOURNAL OF THE SENATE shall, if such person is a habitual violator as a result of two or more convictions for driving under the influence of alcohol or drugs, have an ignition interlock device installed and maintained in a motor vehicle or vehicles to the extent required by subsection (a) of Code Section 42-8-111 for a period of six months following issuance of the probationary license, and such person shall not during such six-month period drive any motor vehicle that is not so equipped, all as conditions of such probationary license. Following expiration of such six-month period with no violation of the conditions of the probationary license, the person may apply for a habitual violator probationary license without such ignition interlock device condition. (4) In any case where installation of an ignition interlock device is required, failure to show proof of such device shall be grounds for refusal of reinstatement of such license or issuance of such habitual violator's probationary license or the immediate suspension or revocation of such license. (4) Any limited driving permit or probationary license issued to such person shall bear a restriction reflecting that the person may only operate a motor vehicle equipped with a functional ignition interlock device. No person whose limited driving permit or probationary license contains such restriction shall operate a motor vehicle that is not equipped with a functional ignition interlock device. (5)(A) Any person who has been issued an ignition interlock device limited driving permit or a habitual violator probationary license bearing an ignition interlock device condition shall maintain such ignition interlock device in any motor vehicle he or she operates to the extent required by the certificate of eligibility for such permit or probationary license issued to such person by the court in which he or she was convicted for not less than eight months. (B) Upon the expiration of such eight-month ignition interlock device limited driving permit or habitual violator probationary license, the driver may, if otherwise qualified, apply for renewal of such permit or probationary license without such ignition interlock device restriction." SECTION 8. Said article is further amended by revising subsection (a) of Code Section 42-8-113, relating to renting, leasing, or lending motor vehicle to a probationer under this article prohibited, as follows: "(a) No person shall knowingly rent, lease, or lend a motor vehicle to a person known to have had his or her driving privilege restricted as a condition of probation as provided in this article, unless the vehicle is equipped with a functioning, certified ignition interlock device. Any person whose driving privilege is restricted as a condition of probation as provided in this article shall notify any other person who rents, leases, or loans a motor vehicle to him or her of such driving restriction." SECTION 9. Said article is further amended by revising Code Section 42-8-117, relating to revocation of driving privilege for violation of probation, as follows: THURSDAY, MARCH 29, 2012 4545 "42-8-117. (a)(1) In the event the sentencing court finds revokes a person's probation after finding that a such person has violated the terms of probation imposed the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued pursuant to subsection (a) of Code Section 42-8-111, the Department of Driver Services shall revoke that person's driving privilege for one year from the date the court revokes that person's probation. The court shall report such probation revocation to the Department of Driver Services by court order. (2) This subsection shall not apply to any person whose limited driving permit has been revoked under subsection (d) of Code Section 42-8-112. (b) In the event the sentencing court finds revokes a person's probation after finding that a such person has twice violated the terms of probation imposed the certificate of eligibility for an ignition interlock device limited driving permit or probationary license issued pursuant to subsection (a) of Code Section 42-8-111 during the same period of probation, the Department of Driver Services shall revoke that person's driving privilege for five years from the date the court revokes that person's probation for a second time. The court shall report such probation revocation to the Department of Driver Services by court order." SECTION 10. This Act shall become effective on January 1, 2013. SECTION 11. 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 236. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Cowsert Y Crane Y Crosby Y Davenport Y Davis E Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S 4546 JOURNAL OF THE SENATE Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 236. The following bill was taken up to consider House action thereto: HB 869. By Representatives Lane of the 167th, Knight of the 126th, Burns of the 157th, Wilkinson of the 52nd and Stephens of the 164th: A BILL to be entitled an Act to amend Title 27 of the O.C.G.A., relating to game and fish, so as to extensively revise various provisions relative to salt water fisheries management; to change certain provisions relating to rules and regulations of the Board of Natural Resources used to establish game and fish criminal violations; to add certain provisions relating to requirements of the Salt Water Information Program; to amend Chapter 7 of Title 52 of the O.C.G.A., relating to the registration, operation, and sale of watercraft, so as to establish the date of rules and regulations promulgated by the Board of Natural Resources used to establish criminal violations; to correct cross-references; to provide for effective dates; to repeal conflicting laws; and for other purposes. The House amendment to the Senate amendment was as follows: Amend the Senate amendment (AM 40 0028) to HB 869 by replacing lines 2 and 3 with the following: board; to authorize the repeal of certain rules or regulations; to change certain provisions relating By deleting lines 20 through 37. Senator Tolleson of the 20th moved that the Senate agree to the House amendment to the Senate amendment to HB 869. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel E Hamrick Y Harbison Y Heath Y Orrock Y Paris Y Ramsey THURSDAY, MARCH 29, 2012 4547 Y Bulloch Y Butler Y Carter, B Y Carter, J Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 869. The following bill was taken up to consider the Conference Committee Report thereto: HB 875. By Representatives Knight of the 126th, Burns of the 157th, Jerguson of the 22nd, Cheokas of the 134th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 875 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 875 be adopted. 4548 JOURNAL OF THE SENATE Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Bulloch of the 11th /s/ Senator Balfour of the 9th /s/ Senator Mullis of the 53rd /s/ Representative Knight of the 126th /s/ Representative McCall of the 30th /s/ Representative Wilkinson of the 52nd COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 875 A BILL TO BE ENTITLED AN ACT To amend Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, so as to provide that certain records of the Georgia Government Transparency and Campaign Finance Commission may not be subject to public inspection; to provide for filings with, fees of, and notices by the commission; to amend Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, so as to provide for privacy of certain records and personal information maintained by the Department of Natural Resources pursuant to Title 27; to amend Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, so as to exempt certain records of the Department of Agriculture from disclosure; to amend Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, so as to provide for privacy of certain records and personal information maintained by the department pursuant to Title 52; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 5 of Title 21 of the Official Code of Georgia Annotated, relating to ethics in government, is amended in Code Section 21-5-6, relating to powers and duties of the Georgia Government Transparency and Campaign Finance Commission, by adding a new paragraph in subsection (a) to read as follows: "(5.1) In the discretion of the commission, to seal any records of the commission relating to a concluded investigation of an alleged or suspected violation if that investigation resulted in a determination by the commission either that no violation occurred or that only a technical defect in a filing occurred in accordance with Code Section 21-5-7.1. Any records so sealed shall not be open to public inspection under Article 4 of Chapter 18 of Title 50;" THURSDAY, MARCH 29, 2012 4549 SECTION 2. Said chapter is further amended in Code Section 21-5-50, relating to filings by public officers, filings by candidates for public office, filings by elected officials and members of the General Assembly, electronic filing, and transfer of filings from the Secretary of State to the commission, by adding a new subsection to read as follows: "(f.1)(1) The commission shall not give public notice stating that a filing required by this Code section was made late or was otherwise deficient until at least 30 days after the deadline for filing. (2) The commission may provide by rule or regulation for the waiver of late fees imposed under subsection (f) of this Code section." SECTION 3. Said chapter is further amended in Code Section 21-5-71, relating to lobbyist registration requirements, application for registration, supplemental registration, expiration, docket, fees, identification cards, public rosters, and exemptions, by adding a new subparagraph in paragraph (2) of subsection (f) to read as follows: "(F) The commission may provide by rule or regulation for the waiver of late fees imposed under subparagraphs (D) and (E) of this paragraph." SECTION 4. Code Section 27-1-3 of the Official Code of Georgia Annotated, relating to ownership and custody of wildlife, preservation of hunting and fishing opportunities, promotion and right to hunt, trap, or fish, local regulation, and general offenses, is amended by adding a new subsection to read as follows: "(k) Records maintained by the department concerning individuals applying for, or in possession of, any license, registration, permit, stamp, or permission issued by the department under this title that reveal an individual's photograph or digitized image, social security number, date of birth, driver's identification number, home address, home telephone number, personal e-mail address, personal mobile telephone number, personal text number, medical or disability information, bank account numbers, account or identification number issued or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, or other physical details, signature, biometric identifiers, and any credit records or reports are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that such records may be provided to public or private entities performing activities under an agreement with the department and such records shall remain exempt from public inspection. Such records shall also be provided, upon request, to any judge, law enforcement agency, or prosecuting official for use in the investigation or prosecution of alleged criminal or unlawful activity, and such records may be provided to other governmental entities for official use. Individuals applying for any license, registration, permit, stamp, or permission issued by the department under this title related to a business may indicate on the application that the department may reveal the address, telephone number, and e-mail address given for the business, 4550 JOURNAL OF THE SENATE even if these are the same as the individual's home address, telephone number, personal e-mail address, personal mobile telephone number, or personal text number." SECTION 5. Code Section 50-18-72 of the Official Code of Georgia Annotated, relating to when public disclosure is not required for certain records and disclosure of exempting legal authority, is amended by adding a new paragraph in subsection (a) to read as follows: "(10.4) Records, data, or information compiled and maintained by the Department of Agriculture regarding applicants for or recipients of certification for taxation purposes as a qualified agriculture producer as defined in Code Section 48-8-3.3; provided, however, that nothing in this paragraph shall prevent the release of such records, data, or information to a law enforcement officer, prosecutor, or judge or another state or federal agency for use in the investigation or prosecution of alleged criminal or unlawful activity or for other official use;" SECTION 6. Code Section 52-7-5 of the Official Code of Georgia Annotated, relating to numbering of vessels generally, is amended by revising subsection (g) as follows: "(g) All records of the department made or kept pursuant to this Code section shall be public records; provided, however, that the records maintained by the department concerning individuals applying for, or in possession of, any license, registration, permit, stamp, or permission issued by the department under this title that reveal an individual's photograph or digitized image, social security number, date of birth, driver's identification number, home address, home telephone number, personal e-mail address, personal mobile telephone number, personal text number, medical or disability information, bank account numbers, account or identification number issued or used by any federal or state governmental agency or private financial institution, employment history, height, weight, race, or other physical details, signature, biometric identifiers, and any credit records or reports are exempt from any law of this state requiring that such records be open for public inspection; provided, however, that such records may be provided to public or private entities performing activities under an agreement with the department and such records shall remain exempt from public inspection. Such records shall also be provided, upon request, to any judge, law enforcement agency, or prosecuting official for use in the investigation or prosecution of alleged criminal or unlawful activity, and such records may be provided to other governmental entities for official use. Individuals applying for any license, registration, permit, stamp, or permission issued by the department under this title related to a business may indicate on the application that the department may reveal the address, telephone number, and email address given for the business, even if these are the same as the individual's home address, telephone number, personal e-mail address, personal mobile telephone number, or personal text number." THURSDAY, MARCH 29, 2012 4551 SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Bulloch of the 11th moved that the Senate adopt the Conference Committee Report on HB 875. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert N Crane Y Crosby Y Davenport Davis Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant E Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk N McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 46, nays 4; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 875. The following communication was received by the Secretary: Senator David Shafer District 48 421 State Capitol Atlanta, GA 30334 Committees: Regulated Industries and Utilities Insurance and Labor Finance Government Oversight Reapportionment and Redistricting Rules Health and Human Services Assignments 4552 JOURNAL OF THE SENATE The State Senate Atlanta, Georgia 30334 March 29, 2012 Mr. Secretary: My vote on the conference committee report for House Bill 875 was recorded in error. I oppose the bill in its final form. Very truly yours, /s/ David J. Shafer State Senator, District 48 The following resolution was read and adopted: SR 1370. By Senators Thompson of the 33rd, Jones of the 10th, Rogers of the 21st and Carter of the 42nd: A RESOLUTION recognizing and commending Ms. Marcia D. Wallace on the occasion of her retirement; and for other purposes. Senator Thompson of the 33rd recognized Ms. Marcia D. Wallace on the occasion of her retirement, commended by SR 1370. Ms. Marcia D. Wallace addressed the Senate briefly. The following bill was taken up to consider the Conference Committee Report thereto: HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4553 The Conference Committee Report was as follows: The Committee of Conference on HB 872 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 872 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Unterman of the 45th /s/ Senator McKoon of the 29th /s/ Senator Murphy of the 27th /s/ Representative Shaw of the 176th /s/ Representative Ramsey of the 72nd /s/ Representative Smith of the 131st COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 872 A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to provide for definitions, procedures, conditions, limitations, and prohibitions relating to the buying and selling of regulated metal property; to provide that secondary metals recyclers shall only purchase coil and certain copper wire from certain persons; to provide that secondary metals recyclers shall only purchase burial objects from certain persons; to change certain provisions relating to records secondary metals recyclers are to required to maintain and provide to law enforcement; to change certain provisions relating to inspections by law enforcement officers; to change certain provisions relating to payment by secondary metals recyclers for regulated metal property; to provide for powers, duties, and authority of sheriffs and other law enforcement officers; to provide for registration and fees; to provide for certain data bases to be created and maintained and certain forms and rules and regulation to be promulgated therefor; to provide for criminal offenses and penalties; to provide for forfeiture of certain property and procedure therefor; to provide for local regulation of the sale and purchase of regulated metal property; to amend Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, so as to make certain changes for purposes of conformity; to amend Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts; to provide for verification that a vehicle is not subject to any secured interest or lien; to 4554 JOURNAL OF THE SENATE provide for additional changes to said Code section, relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts and verification that a vehicle is not subject to any secured interest or lien, subject to a contingency; to provide for definitions; to amend Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, so as to change certain provisions relating to the release of security interests and liens; to provide for related matters; to provide effective dates and contingencies; to provide for applicability; to amend an Act approved May 11, 2011 (Ga. L. 2011, p. 355), relating to drivers' licenses, so as to revise effective dates and a funding contigency; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: PART I SECTION 1-1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by revising Article 14, relating to secondary metals recyclers, to read as follows: "ARTICLE 14 10-1-350. As used in this article, the term: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Burial object' means any product manufactured for or used for identifying or permanently decorating a grave site, including, without limitation, monuments, markers, benches, and vases and any base or foundation on which they rest or are mounted. (3) 'Coil' means any copper, aluminum, or aluminum-copper condensing coil or evaporation coil including its tubing or rods. The term shall not include coil from a window air-conditioning system, if contained within the system itself, or coil from an automobile condenser. (4) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (5) 'Deliverer' means any individual who takes or transports the regulated metal property to the secondary metals recycler. (1)(6) 'Ferrous metals' means any metals containing significant quantities of iron or steel. (2)(7) 'Law enforcement officer' means any duly constituted peace officer of the State of Georgia or of any county, municipality, or political subdivision thereof. (3)(8) 'Nonferrous metals' means stainless steel beer kegs and metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, THURSDAY, MARCH 29, 2012 4555 aluminum, bronze, lead, zinc, nickel, and alloys thereof. (4)(9) 'Person' means an individual, partnership, corporation, joint venture, trust, association, and or any other legal entity. (5)(10) 'Personal identification card' means a current and unexpired driver's license or identification card issued by the Department of Driver Services or a similar card issued by another state, a military identification card, or an appropriate a current work authorization issued by the U.S. Citizenship and Immigration Services of the Department of Homeland Security federal government, which shall contain the individual's name, address, and photograph. (6)(11) 'Purchase transaction' means a transaction in which a the secondary metals recycler gives consideration in exchange for regulated metal property. (7)(12) 'Regulated metal property' means any item composed primarily of any ferrous metals or nonferrous metals, and includes aluminum property, copper property, and catalytic converters but shall not include batteries, aluminum beverage containers, used beverage containers, or similar beverage containers. (8)(13) 'Secondary metals recycler' means any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for ferrous or nonferrous metals regulated metal property that have has served their its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. (14) 'Seller' means the rightful owner of the regulated metal property or the individual authorized by the rightful owner of the regulated metal property to conduct the purchase transaction. 10-1-351. (a) No secondary metals recycler shall purchase any coil unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with verifiable documentation, such as a receipt or work order, indicating that the coils are the result of a replacement of condenser coils or a heating or airconditioning system performed by a contractor licensed pursuant to Chapter 14 of Title 43; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller. (b) No secondary metals recycler shall purchase any copper wire which appears to have been exposed to heat, charred, or burned in an attempt to remove insulation surrounding it unless it is purchased from: (1) A contractor licensed pursuant to Chapter 14 of Title 43 who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the 4556 JOURNAL OF THE SENATE secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A seller with a copy of a police report showing that such seller's real property was involved in a fire; or (3) A secondary metals recycler who provides the documentation required in paragraphs (1) and (2) of this subsection received from a contractor or seller. 10-1-352. No secondary metals recycler shall purchase a burial object unless it is purchased from: (1) A funeral director licensed under the provisions of Chapter 18 of Title 43 or by another state who provides a copy of his or her valid license at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied license is on file with the secondary metals recycler; (2) A cemetery owner registered pursuant to Code Section 10-14-4 or with another state who provides a copy of his or her valid registration at the time of sale that is scanned or photocopied by the secondary metals recycler or whose scanned or photocopied registration is on file with the secondary metals recycler; (3) A manufacturer or distributor of burial objects who provides a copy of his or her valid business license at the time of sale that is scanned or photocopied by the secondary metals recycler and a letter from the owner or operator of the manufacturing or distributing business expressly recognizing the seller as an employee or authorized agent of the manufacturer or distributor or whose scanned or photocopied business license and letter are on file with the secondary metals recycler; (4) A seller with verifiable documentation, such as a receipt from or contract with a licensed funeral director, registered cemetery owner, or manufacturer or distributor of burial objects, evidencing that such person is the rightful owner of the burial object; or (5) A secondary metals recycler who provides the documentation required in paragraphs (1) through (4) of this Code section received from a funeral director, cemetery owner, manufacturer or distributor of burial objects, or a seller. 10-1-351. 10-1-353. (a) A secondary metals recycler shall maintain a legible record of all purchase transactions to which such secondary metals recycler is a party. Such record shall include the following information: (1) The name and address of the secondary metals recycler; (2) The date of the transaction; (3) The weight, quantity, or volume and a description of the type of regulated metal property purchased in a purchase transaction. For purposes of this paragraph, the term 'type of regulated metal property' shall include a general physical description, such as wire, tubing, extrusions, or castings; (4) A digital photograph or photographs or a digital video image or images of the regulated metal property which shows the regulated metal property in a reasonably THURSDAY, MARCH 29, 2012 4557 clear manner; (4)(5) The amount of consideration given in a purchase transaction for the regulated metal property and a copy of the check or voucher or documentation evidencing the electronic funds transfer given as consideration for such purchase transaction; (5)(6) A signed and sworn affidavit from the person receiving consideration in the purchase transaction seller stating that he or she such person is the rightful owner of the regulated metal property or is entitled has been authorized to sell the regulated metal property being sold; (7) A signed and sworn affidavit from the seller stating that he or she understands that: 'A secondary metals recycler is any person who is engaged, from a fixed location or otherwise, in the business in this state of paying compensation for regulated metal property that has served its original economic purpose, whether or not engaged in the business of performing the manufacturing process by which regulated metal property is converted into raw material products consisting of prepared grades and having an existing or potential economic value. No ferrous metals, nonferrous metals, aluminum property, copper property, or catalytic converters (batteries, aluminum beverage containers, used beverage containers, or similar beverage containers are exempt) may be purchased by a secondary metals recycler unless such secondary metals recycler is a holder of a valid permit issued pursuant to Article 14 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated'; (6)(8) A photocopy scanned or photocopied copy of a valid personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; (9) A photograph, videotape, or digital recording depicting a recognizable facial image of the seller and the deliverer, if such person is different from the seller, employing technology allowing the image to be retained in electronic storage and in a transferable format; (7)(10) The distinctive number from, and type of, the personal identification card of the person delivering the regulated metal property to the secondary metals recycler seller and the deliverer, if such person is different from the seller; and (8)(11) The vehicle license tag number or vehicle identification number, state of issue, and the type of vehicle, if available, used to deliver the regulated metal property to the secondary metals recycler. For purposes of this paragraph, the term 'type of vehicle' shall mean an automobile, pickup truck, van, or truck; and (12) A scanned or photocopied copy of the verifiable documentation, reports, licenses, and registrations, required pursuant to Code Sections 10-1-351 and 10-1352. (b) A secondary metals recycler shall maintain or cause to be maintained the information required by subsection (a) of this Code section for not less than two years from the date of the purchase transaction. (c) When the metal being purchased is a motor vehicle, the person offering to sell the motor vehicle to a secondary metals recycler seller shall either provide the title to such motor vehicle or fully execute a cancellation of certificate of title for scrap vehicles 4558 JOURNAL OF THE SENATE statement on a form as promulgated by the Department of Revenue, Motor Vehicle Division, designated as MV-1SP, in accordance with Code Section 40-3-36. The secondary metals recycler shall forward the title or MV-1SP form to the Department of Revenue within 72 hours of receipt of the title or form. (d) It shall be unlawful to make a false statement in executing the affidavit required by either paragraph (6) or (7) of subsection (a) of this Code section, and the making of a false statement shall be punishable as an act of false swearing under Code Section 1610-71. 10-1-352. 10-1-354. During the usual and customary business hours of a secondary metals recycler, a law enforcement officer shall, after properly identifying himself or herself as a law enforcement officer, have the right to inspect: (1) Any and all purchased regulated metal property in the possession of the secondary metals recycler; and (2) Any and all records required to be maintained under Code Section 10-1-351 10-1353. 10-1-352.1. 10-1-355. (a) As used in this Code section, the terms: (1) 'Aluminum property' means aluminum forms designed to shape concrete. (2) 'Copper property' means any copper wire, copper tubing, copper pipe, or any item composed completely of copper. (b) A secondary metals recycler may pay by check or by cash for any copper property, catalytic converter, or aluminum property as follows: (1) Cash payments shall occur no earlier than 24 hours after the copper property, catalytic converter, or aluminum property is provided to the secondary metals recycler; and (2) Checks shall be payable only to the person named who was recorded as delivering the copper property, catalytic converter, or aluminum property to the secondary metals recycler; provided, however, that if such person is delivering the copper property, catalytic converter, or aluminum property on behalf of a governmental entity or a nonprofit or for profit business, the check may be payable to such business or entity and may also be transmitted to such business or entity. (a) A secondary metals recycler shall pay only by check, electronic funds transfer, or voucher for regulated metal property. (b) Any check, electronic funds transfer, or voucher shall be payable only to the person recorded as the seller of the regulated metal property to the secondary metals recycler. (c) Any voucher shall be provided to the seller at the time of the purchase transaction or mailed to the seller at the address indicated on the personal identification card of the seller presented at the time of such transaction. If the voucher is provided to the seller at the time of the purchase transaction and not mailed to the seller, the secondary metals recycler shall not redeem the voucher for three days from the date of the purchase THURSDAY, MARCH 29, 2012 4559 transaction. The voucher shall include the date of purchase, name of the seller, the amount paid for the regulated metal property, a detailed description of the regulated metal property purchased, information as to whether the voucher was mailed or provided at the time of the purchase transaction, the first date on which the voucher may be redeemed, and the date on which the voucher expires. The voucher may only be redeemed for cash by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative. If a voucher is not redeemed by the person whose name appears on the voucher as the seller or by such person's heirs or legal representative within six months of the date of the transaction, the voucher shall expire and the secondary metals recycler shall not be required to honor the voucher after the expiration date. (d) A secondary metals recycler shall be prohibited from: (1) redeeming or cashing any check or electronic funds transfer paid to a seller for regulated metal property; and (2) providing or permitting any mechanism on the premises of the secondary metals recycler for the redemption or cashing of any check or electronic funds transfer. (c)(e) The provisions of this Code section shall not apply to any transaction between business entities. 10-1-353. 10-1-356. (a) Whenever a law enforcement officer has reasonable cause to believe that any item of regulated metal property in the possession of a secondary metals recycler has been stolen, the law enforcement officer may issue a hold notice to the secondary metals recycler. The hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the notice issued in accordance with this Code section, the secondary metals recycler receiving the notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 15 calendar days after receipt of the notice by the secondary metals recycler, unless sooner released by a law enforcement officer. (b) No later than the expiration of the 15 day period, a law enforcement officer may issue a second hold notice to the secondary metals recycler, which shall be an extended hold notice. The extended hold notice shall be in writing, shall be delivered to the secondary metals recycler, shall specifically identify those items of regulated metal property that are believed to have been stolen and that are subject to the extended hold notice, and shall inform the secondary metals recycler of the information contained in this Code section. Upon receipt of the extended hold notice issued in accordance with this Code section, the secondary metals recycler receiving the extended hold notice shall not process or remove the items of regulated metal property identified in the notice, or any portion thereof, from the premises of or place of business of the secondary metals recycler for 30 calendar days after receipt of the extended hold notice by the secondary metals recycler, unless sooner released by a law enforcement officer. 4560 JOURNAL OF THE SENATE (c) At the expiration of the hold period or, if extended in accordance with this Code section, at the expiration of the extended hold period, the hold is automatically released and the secondary metals recycler may dispose of the regulated metal property unless other disposition has been ordered by a court of competent jurisdiction. 10-1-354. 10-1-357. (a) If the secondary metals recycler contests the identification or ownership of the regulated metal property, the party other than the secondary metals recycler claiming ownership of any regulated metal property in the possession of a secondary metals recycler may, provided that a timely report of the theft of the regulated metal property was made to the proper authorities, bring an action in the superior or state court of the county in which the secondary metals recycler is located. The petition for such action shall include a description of the means of identification of the regulated metal property utilized by the petitioner to determine ownership of the regulated metal property in the possession of the secondary metals recycler. (b) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has complied with the provisions of this article, and the person who sold the regulated metal property to the secondary metals recycler seller or deliverer is convicted of theft by taking, theft by conversion, a violation of this article, theft by receiving stolen property, or criminal damage to property in the first degree, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the secondary metals recycler or lawful owner, as appropriate. (c) When a lawful owner recovers stolen regulated metal property from a secondary metals recycler who has knowingly and intentionally not complied with the provisions of this article, and the secondary metals recycler is convicted of theft by taking, theft by conversion, theft by receiving stolen property, or a violation of this article, the court shall order the defendant to make full restitution, including, without limitation, attorneys' fees, court costs, and other expenses to the lawful owner. 10-1-355. 10-1-358. This article shall not apply to purchases of regulated metal property from: (1) Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations or from any nonprofit corporations or associations; (2) A law enforcement officer acting in an official capacity; (3) A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler; (4) Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler; (5) A sale on the execution, or by virtue, of any process issued by a court if proof thereof has been presented to the secondary metals recycler; or (6) A manufacturing, industrial, or other commercial vendor that generates or sells THURSDAY, MARCH 29, 2012 4561 regulated metal property in the ordinary course of its business, provided that such vendor is not a secondary metals recycler. 10-1-356. 10-1-359. It shall be unlawful for: (1) A secondary metals recycler to engage in the purchase or sale of regulated metal property between the hours of 9:00 7:00 P.M. and 6:00 7:00 A.M.; and (2) Any person to give a false statement of ownership or to give a false or altered identification or vehicle tag number and receive money or other consideration from a secondary metals recycler in return for regulated metal property personal identification card, vehicle license tag number, or vehicle identification number to a secondary metals recycler as part of a purchase transaction. 10-1-360. (a) It shall be unlawful for any secondary metals recycler to purchase regulated metal property in any amount without being registered pursuant to this Code section. If the secondary metals recycler is a person other than an individual, such person shall register with the sheriff of each county in which the secondary metals recycler maintains a place of business. If the secondary metals recycler is an individual, he or she shall register with the sheriff of the county in which he or she resides or if such individual is a nonresident of this state, he or she shall register with the sheriff of the county in Georgia where he or she primarily engages or intends to primarily engage in business as a secondary metals recycler. The secondary metals recycler shall declare on a form promulgated by the Secretary of State and provided by the sheriff that such secondary metals recycler is informed of and will comply with the provisions of this article. The forms and information required for such registration shall be promulgated by the Secretary of State. The sheriff shall register the secondary metals recycler and shall keep a record of each registration. Each registration shall be valid for a 12 month period. (b) The record of each registration shall be entered into an electronic data base accessible statewide. Such data base shall be established through coordination with the Secretary of State and shall be searchable by all law enforcement agencies in this state. (c) The sheriff shall be authorized to: (1) Assess and require payment of a reasonable registration fee prior to registering the secondary metals recycler, not to exceed $200.00; (2) Delegate to personnel in the sheriff's office the registration of secondary metals recyclers and entering into the data base of the records of such registrations; and (3) Enter into contracts with the governing authority of a county, municipality, or consolidated government for such governing authority to provide for the registration of secondary metals recyclers and the entering into the data base of the records of such registrations by other law enforcement agencies or by staff of the governing authority. Any such contract shall provide for reimbursement to such governing authority for the registrations or entry of the records of such registrations into the data base. 4562 JOURNAL OF THE SENATE (d) Any secondary metals recycler convicted of violating this Code section shall be guilty of a misdemeanor of a high and aggravated nature. 10-1-357. 10-1-361. (a) Any person selling regulated metal property to a secondary metals recycler in violation of any provision of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, in which case such person shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (b) Any secondary metals recycler knowingly and intentionally engaging in any practice which constitutes a violation of this article shall be guilty of a misdemeanor unless the value of the regulated metals property, in its original and undamaged condition, in addition to any costs which are, or would be, incurred in repairing or in the attempt to recover any property damaged in the theft or removal of such regulated metal property, is in an aggregate amount which exceeds $500.00, such secondary metals recycler shall be guilty of a felony and, upon conviction, shall be punished by a fine of not more than $5,000.00 or by imprisonment for not less than one nor more than five years, or both. (a) Except as provided for in subsection (d) of Code Section 10-1-360, any person who buys or sells regulated metal property in violation of any provision of this article: (1) For a first offense, shall be guilty of a misdemeanor; (2) For a second offense, shall be guilty of a misdemeanor of a high and aggravated nature; and (3) For a third or subsequent offense, shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than ten years. (b) Any person who buys or sells regulated metal property in violation of any provision of this article shall be liable in a civil action to any person who was the victim of a crime involving such regulated metal property for the full value of the regulated metal property, any repairs and related expenses incurred as a result of such crime, litigation expenses, and reasonable attorneys' fees. 10-1-362. (a) As used in this Code section, the term: (1) 'Crime' means: (A) Theft by taking in violation of Code Section 16-8-2, theft by conversion in violation of Code Section 16-8-4, or theft by receiving stolen property in violation of Code Section 16-8-7 if the subject of the theft was regulated metal property; (B) Criminal damage to property in the first degree in violation of paragraph (2) of subsection (a) of Code Section 16-7-22; or THURSDAY, MARCH 29, 2012 4563 (C) A criminal violation of this article. (2) 'Proceeds' shall have the same meaning as set forth in Code Section 16-13-49. (3) 'Property' shall have the same meaning as set forth in Code Section 16-13-49. (b) The following are declared to be contraband, and no person shall have a property right in them: (1) Any property which is, directly or indirectly, used or intended for use in any manner to facilitate a crime and any proceeds derived or realized therefrom; and (2) Any weapon possessed, used, or available for use in any manner to facilitate a crime. (c) Any property subject to forfeiture pursuant to subsection (b) of this Code section shall be forfeited in accordance with the procedures set forth in Code Section 16-13-49. 10-1-358. 10-1-363. (a) The General Assembly finds that this article is a matter of state-wide concern. This article supersedes and preempts all rules, regulations, codes, ordinances, and other laws adopted by any county, municipality, consolidated government, or other local governmental agency regarding the sale or purchase of regulated metal property except as allowed in this Code section. (b) Political subdivisions of this state may enact rules, regulations, codes, ordinances, and other laws: (1) Affecting the land use and zoning relating to secondary metals recyclers; and (2) Issuing occupational tax certificates to secondary metals recyclers, imposing occupational taxes, imposing regulatory fees as allowed in Code Section 48-13-9, or revoking their occupational tax certificates." SECTION 1-2. Article 1 of Chapter 8 of Title 16 of the Official Code of Georgia Annotated, relating to theft, is amended by revising paragraph (9) of subsection (a) of Code Section 16-8-12, relating to penalties for violation of Code Sections 16-8-2 through 16-8-9, as follows: "(9) Notwithstanding the provisions of paragraph (1) of this subsection, if the property of the theft was ferrous metals or regulated metal property, as such terms are term is defined in Code Section 10-1-350, and the sum of the aggregate amount of such property, in its original and undamaged condition, plus any reasonable costs which are or would be incurred in the repair or the attempt to recover any property damaged in the theft or removal of such regulated metal property, exceeds $500.00, by imprisonment for not less than one nor more than five years, a fine of not more than $5,000.00, or both." SECTION 1-3. Code Section 40-3-36 of the Official Code of Georgia Annotated, relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, is amended by revising paragraphs (2) and (3) of subsection (a) as follows: 4564 JOURNAL OF THE SENATE "(2) Notwithstanding any other provision of this article to the contrary, if the owner or authorized agent of the owner has not obtained a title in his or her name for the vehicle to be transferred, or has lost the title for the vehicle to be transferred, he or she may sign a statement swearing that, in addition to the foregoing conditions, the vehicle is worth $850.00 or less and is at least 12 model years old. The statement described in this paragraph may be used only to transfer such a vehicle to a licensed used motor vehicle parts dealer under Code Section 43-47-7 or scrap metal processor under Code Section 43-43-1. The department shall promulgate a form for the statement which shall include, but not be limited to: (A) A statement that the vehicle shall never be titled again; it must be dismantled or scrapped; (B) A description of the vehicle including the year, make, model, vehicle identification number, and color; (C) The name, address, and driver's license number of the owner; (D) A certification that the owner: (i) Never obtained a title to the vehicle in his or her name; or (ii) Was issued a title for the vehicle, but the title was lost or stolen; (E) A certification that the vehicle: (i) Is worth $850.00 or less; (ii) Is at least 12 model years old; and (iii) Is not subject to any secured interest or lien; (F) An acknowledgment that the owner realizes this form will be filed with the department and that it is a felony, punishable by imprisonment for not fewer than one nor more than three years or a fine of not less than $1,000.00 nor more than $5,000.00, or both, to knowingly falsify any information on this statement; (G) The owner's signature and the date of the transaction; (H) The name, address, and National Motor Vehicle Title Information System identification number of the business acquiring the vehicle; (I) A certification by the business that $850.00 or less was paid to acquire the vehicle; and (J) A certification that the business has verified by an on-line method determined by the commissioner that the vehicle is not currently subject to any secured interest or lien; provided, however, that such certification shall not be required until such an on-line method has been established and is available; and (J)(K) The business agent's signature and date along with a printed name and title if the agent is signing on behalf of a corporation. (3)(A) The secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department within 72 hours of the completion of the transaction, requesting that the department cancel the Georgia certificate of title and registration. (B) Notwithstanding the requirement to mail or otherwise deliver the statement required under paragraph (2) of this subsection to the department, the department THURSDAY, MARCH 29, 2012 4565 shall provide a mechanism for the receipt of the information required to be obtained in the statement by electronic means, at no cost to the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor, in lieu of the physical delivery of the statement, in which case the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall maintain the original statement for a period of not less than two years. (C) Within 48 hours of each day's close of business, the secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor who purchases or receives motor vehicles for scrap or for parts shall deliver in a format approved by the department, either by facsimile or by other electronic means to be made available by the department by January 1, 2012, a list of all such vehicles purchased that day for scrap or for parts. That list shall contain the following information: (i) The name, address, and contact information for the reporting entity; (ii) The vehicle identification numbers of such vehicles; (iii) The dates such vehicles were obtained; (iv) The names of the individuals or entities from whom the vehicles were obtained, for use by law enforcement personnel and appropriate governmental agencies only; (v) A statement of whether the vehicles were, or will be, crushed or disposed of, or offered for sale or other purposes; (vi) A statement of whether the vehicle is intended for export out of the United States; and (vii) The National Motor Vehicle Title Information System identification number of the business acquiring the vehicle. There shall be no charge to either a secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor associated with providing this information to the department. (D) For purposes of this subsection, the term 'motor vehicle' shall not include a vehicle which has been crushed or flattened by mechanical means such that it is no longer the motor vehicle as described by the certificate of title, or such that the vehicle identification number is no longer visible or accessible, in which case the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor shall verify that the seller has reported the vehicles in accordance with this subsection. Such verification may be in the form of a certification from the seller or contract between the seller and the purchasing or receiving secondary metals recycler, used motor vehicle parts dealer, or scrap metal processor which clearly identifies the seller by a government issued photograph identification card, or employer identification number, and shall be maintained for a period of not less than two years. (E) The information obtained by the department in accordance with this subsection shall be reported to the National Motor Vehicle Title Information System, in a format which will satisfy the requirement for reporting this information, in accordance with rules adopted by the United States Department of Justice in 28 4566 JOURNAL OF THE SENATE C.F.R. 25.56. (F) The information obtained by the department in accordance with this subsection shall be made available only to law enforcement agencies, and for purposes of canceling certificates of title, and shall otherwise be considered to be confidential business information of the respective reporting entities. (G) All records required under the provisions of this Code section shall be maintained for a period of two years by the reporting entity and shall include a scanned or photocopied copy of the seller's or seller's representative's driver's license or state issued identification card." SECTION 1-4. Said Code section is further amended by adding a new subsection to read as follows: "(j) As used in this Code section, the terms: (1) 'Scrap metal processor' shall have the same meaning as set forth in Code Section 43-43-1. (2) 'Secondary metals recycler' shall have the same meaning as set forth in Code Section 10-1-350. (3) 'Used motor vehicle parts dealer' shall have the same meaning as set forth in Code Section 43-47-2." SECTION 1-5. Code Section 40-3-56 of the Official Code of Georgia Annotated, relating to satisfaction of security interests and liens, is amended by revising paragraph (1) of subsection (a) and revising subsection (c) as follows: "(a)(1) If any security interest or lien listed on a certificate of title is satisfied, the holder thereof shall, within ten days after demand, execute a release in the form the commissioner prescribes and mail or deliver the release to the commissioner and the owner, provided that as an alternative to a handwritten signature, the commissioner may authorize use of a digital signature as long as appropriate security measures are implemented which assure security and verification of the digital signature process, in accordance with regulations promulgated by the commissioner. For the purposes of the release of a security interest or lien the 'holder' of the lien or security interest is the parent bank or other lending institution and any branch or office of the parent institution may execute such release." "(c) Except for liens and security interests listed on certificates of title for mobile homes, cranes, or vehicles which weigh more than 10,000 pounds gross vehicle weight, which shall be satisfied only in conformity with subsections (a) and (b) of this Code section, any lien or security interest for a vehicle which is 11 model years old or less shall be considered satisfied and release shall not be required after ten years from the date of issuance of a title on which such lien or security interest is listed. For a vehicle which is 12 model years old and greater, any lien or security interest shall be considered satisfied and a release shall not be required after four years from the date of issuance of a title on which such lien or security interest is listed. None of the provisions of this THURSDAY, MARCH 29, 2012 4567 Code section shall preclude the perfection of a new lien or security agreement, or the perfection of an extension of a lien or security agreement beyond a period of ten years for a vehicle which is 11 model years old or less or beyond a period of more than four years for a vehicle which is 12 model years old or greater, by application for a new certificate of title on which such lien or security agreement is listed. In order to provide for the continuous perfection of a lien or security interest originally entered into for a period of more than ten years for a vehicle which is 11 model years old or less or more than four years for a vehicle which is 12 model years old and greater, other than a mobile home, crane, or vehicle which weighs more than 10,000 pounds gross vehicle weight, an application for a second title on which the lien or security interest is listed must be submitted to the commissioner or the commissioner's duly authorized tag agent before ten years from the date of the original title on which such lien or security interest is listed. Otherwise the lien or security interest shall be perfected as of the date of receipt of the application by the commissioner or the commissioner's duly authorized county tag agent." PART II SECTION 2-1. Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other trade practices, is amended by adding a new Code section to read as follows: "10-1-360.1. (a) Each secondary metals recycler shall provide all of the information required by subsection (a) of Code Section 10-1-353 for each transaction, except for the amount of consideration given in a purchase transaction for the regulated metal property specified in paragraph (5) of subsection (a) of such Code section, to the Georgia Bureau of Investigation. (b) The Georgia Bureau of Investigation shall establish and maintain a data base of all information required to be provided pursuant to subsection (a) of this Code section. Such data base shall be accessible and searchable by all law enforcement agencies in this state. The Georgia Bureau of Investigation shall promulgate rules and regulations and establish procedures necessary to carry into effect, implement, and enforce the provisions of this Code section. Such rules and regulations shall include, but shall not be limited to, the time, manner, and method of the transmittal of the information by the secondary metals recyclers to the Georgia Bureau of Investigation." PART IV SECTION 4-1. (a) Except as provided in subsection (b) of this section, this Act shall become effective on July 1, 2012, and shall apply to all offenses committed on or after such date. (b) Part II of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of this Act as expressed in a line item making 4568 JOURNAL OF THE SENATE specific reference to such funds in a General Appropriations Act enacted by the General Assembly. SECTION 4-2. (1) An Act approved May 11, 2011 (Ga. L. 2011, p. 355) is amended by revising Section 21 as follows: "SECTION 21. (a) Sections 1 through 22 of this Act shall become effective on January 1, 2012. (b) Section .2 of this Act shall become effective only upon the effective date of a specific appropriation of funds for the purposes of Section .2 of this Act as expressed in a line item making specific reference to the full funding of Section .2 of this Act in an appropriations Act enacted by the General Assembly. (c)(1) Paragraph (2) of subsection (a) of Code Section 40-3-36, as amended in Section .1 of this Act, shall become effective on January 1, 2012. (2) All other provisions of Section .1 shall become effective on July 1, 2012." SECTION 4-3. 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 HB 872. Senator Rogers of the 21st moved the previous question. There was no objection. On the motion to adopt the Conference Committee Report on HB 872, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Thompson, S THURSDAY, MARCH 29, 2012 4569 Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Tippins Tolleson Y Unterman Wilkinson Y Williams On the motion, the yeas were 50, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 872. The following communication was received by the Secretary: Committees: Senator John Wilkinson Agriculture and Consumer Affairs District 50 Economic Development 303-B Coverdell Legislative Office Building Education and Youth Atlanta, GA 30334 Health and Human Services The State Senate Atlanta, Georgia 30334 I would like to record my vote as yes on HB 872. 3/29/12 /s/ John Wilkinson 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 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; to provide for related matters; to repeal conflicting laws; and for other purposes. 4570 JOURNAL OF THE SENATE The following bill was taken up to consider House action thereto: SB 113. By Senator Carter of the 1st: A BILL to be entitled an Act to provide for local government contracting powers and related requirements; to amend Title 36 of the Official Code of Georgia Annotated, relating to local government, so as to clarify that the authority of municipal corporations to enter into certain contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; to change certain provisions relating to definitions relative to public works bidding; to amend Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracts, so as to clarify that the authority of counties and municipal corporations to enter into such contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Code Section 36-91-2 of the Official Code of Georgia Annotated, relating to definitions relative to public works construction projects, so as to define "public works construction"; to amend Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracts, so as to clarify that the authority of counties and municipal corporations to enter into such contracts is in addition to and does not change or conflict with any otherwise existing authority to enter into such contracts; to provide for definitions; to change certain provisions relating to government units entering into guaranteed energy savings performance contracts; to change certain provisions relating to guaranteed energy savings contracts provisions; to change certain provisions relating to review of capital improvement projects; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Code Section 36-91-2 of the Official Code of Georgia Annotated, relating to definitions relative to public works construction projects, is amended by revising paragraph (12) as follows: "(12) 'Public works construction' means the building, altering, repairing, improving, or demolishing of any public structure or building or other public improvements of any kind to any public real property other than those projects covered by Chapter 4 of THURSDAY, MARCH 29, 2012 4571 Title 32 or by Chapter 37 of Title 50. Such term does not include the routine operation, repair, or maintenance of existing structures, buildings, or real property, or any energy savings performance contract or any improvements or installations performed as part of an energy savings performance contract." SECTION 2. Chapter 37 of Title 50 of the Official Code of Georgia Annotated, relating to guaranteed energy savings performance contracts, is amended by revising paragraph (6) of Code Section 50-37-2, relating to definitions relative to guaranteed energy savings performance contracts, as follows: "(6) 'Governmental unit' means any officer, employee, authority, board, bureau, commission, department, agency, or institution of a state or local 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, consolidated government, or 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." SECTION 3. Said chapter is further amended by revising Code Section 50-37-3, relating to governmental units entering into guaranteed energy savings performance contracts, as follows: "50-37-3. (a) A Where not otherwise authorized by another provision of general law or local Act, a governmental unit may enter into a guaranteed energy savings performance contract with a qualified provider in accordance with the provisions of this chapter. The provisions of this chapter shall apply only to contracts entered into by a governmental unit pursuant to the authority granted by 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 Reserved. (c) Selection of qualified energy services provider. The When a governmental unit is acting pursuant to the power granted by this chapter and not under any otherwise applicable law, the process of implementing guaranteed energy savings performance contracts for governmental units shall include be subject to the following: 4572 JOURNAL OF THE SENATE "(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 postinstallation project monitoring, data collection, and verification of and reporting of 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 services providers shall be three years. The director shall again assemble a may add additional qualified energy services providers to the list of prequalified qualified energy service services providers every three years from the commencement of each at any time during the prequalification term. A qualified energy services provider may be removed from the list upon a determination by the director that said qualified energy services 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 that is 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. Before entering into a guaranteed energy savings performance contract under this chapter, a governmental unit that is a county, municipality, or other local governmental entity shall be required to issue a request for proposals from at least two qualified energy services providers if such providers are available. In addition, a local governmental entity shall publicly advertise the energy services contract opportunity and post notice of such opportunity in the local governmental entity's office and, if available, on the governmental entity's Internet website. A local governmental entity shall not be required to request proposals from providers on the prequalifications list maintained by the director or otherwise be required to utilize the authority's list of prequalified energy services providers. (3) 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 of the provider, quality of technical the project approach, type of technology employed by the provider, overall benefits to the governmental unit, and other factors determined by the governmental unit to be relevant to the THURSDAY, MARCH 29, 2012 4573 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. (f) Notwithstanding any other provision of law governing the letting of public contracts, a 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." SECTION 4. Said chapter is further amended by revising subsection (g) of Code Section 50-37-4, relating to guaranteed energy savings contracts provisions, as follows: "(g) Reporting. Upon execution of a guaranteed energy savings performance contract that reduces the governmental unit's annual electric usage by more than 100 megawatt hours, 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." SECTION 5. Said chapter is further amended by revising Code Section 50-37-6, relating to review of capital improvement projects, as follows: "50-37-6. Every governmental unit state agency shall periodically review all proposed capital improvement projects for potential applicability of this chapter and shall first consider 4574 JOURNAL OF THE SENATE proceeding with a guaranteed energy savings performance contract under this chapter where appropriate." 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 Carter of the 1st moved that the Senate agree to the House substitute to SB 113. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 113. The following bill was taken up to consider House action thereto: HB 175. By Representatives Casas of the 103rd, Harrell of the 106th, Davis of the 109th, Brockway of the 101st, Nix of the 69th and others: A BILL to be entitled an Act to amend Part 14 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to other THURSDAY, MARCH 29, 2012 4575 educational programs under the "Quality Basic Education Act," so as to enact the "Online Clearinghouse Act"; to create a clearinghouse through which local school systems may offer their computer-based courses to students of other local school systems; to provide for definitions; to provide for procedures and requirements for offering a course through the clearinghouse; to provide for enrollment in virtual courses offered through the clearinghouse; 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 175 (HB 175/SCSFA/2) by striking from lines 11 through 14 the following: to enact the "Rachel Sackett Act"; to authorize public school students to participate in extracurricular activities at other public schools in their attendance zone; to provide for definitions; to provide that the student is subject to the same rules and regulations applicable to other students; to provide for rules and regulations; By striking line 20 and inserting in lieu thereof the following: by adding a new Code section to read as follows: By adding a quotation mark at the end of 128. Senator Rogers of the 21st moved that the Senate agree to the House amendment to the Senate substitute to HB 175. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Goggans Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Orrock Y Paris Ramsey Y Rogers N Seay Y Shafer Y Sims Y Staton Y Stone N Stoner Tate Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman 4576 JOURNAL OF THE SENATE Y Golden Y Gooch Grant Miller Mullis Y Murphy Y Wilkinson Y Williams On the motion, the yeas were 37, nays 9; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 175. The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment, as amended by the House, to the following Bill of the House: HB 786. By Representatives Hembree of the 67th and Geisinger of the 48th: A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House insists on its position in disagreeing to the Senate amendment, to the House substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following Bill of the Senate: SB 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. The Speaker has appointed on the part of the House, Representatives Willard of the 49th, Channell of the 116th, and Knight of the 126th. THURSDAY, MARCH 29, 2012 4577 The following bill was taken up to consider House action thereto: SB 464. By Senators Ligon, Jr. of the 3rd and Jackson of the 2nd: A BILL to be entitled an Act to amend Part 2 of Article 4 of Chapter 4 of Title 27 of the Official Code of Georgia Annotated, relating to crabs, so as to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; 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 provide for new fishing license requirements; to create a one-day salt-water shore fishing license; to limit the number of commercial crabbing licenses issued; to provide for the requirement of a court document when transferring a commercial crabbing licenses upon a death; to provide for the sale of commercial crabbing licenses in certain instances; to provide for specific penalties for the unlawful taking of crabs from the traps of another; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1A. Title 27 of the Official Code of Georgia Annotated, relating to game and fish, is amended in Code Section 27-2-23, relating to licenses, permits, tags, and stamp fees, by adding a new subparagraph in paragraph (4) to read as follows: "(I) Salt-water shore fishing license One-day 5.00" SECTION 1B. Said title is further amended by revising subsection (e) of Code Section 27-4-150, relating to taking, possessing, and dealing in crabs and peelers, as follows: "(e)(1) The department shall begin issuing commercial crabbing licenses on April 1, 1995; provided, however, that until July 1, 1998, only a person who was in possession of a valid 1994-1995 license year commercial fishing license, who was listed as an owner or a captain on a valid 1993-1994 or 1994-1995 nontrawler commercial fishing 4578 JOURNAL OF THE SENATE boat license, and who can provide evidence satisfactory to the department that he or she commercially sold crabs ex-vessel during either the 1993-1994 or 1994-1995 license years shall be eligible to be issued a commercial crabbing license; provided, further, that the department may, in its discretion, issue a commercial crabbing license to a person who produces documentation satisfactory to the department that he or she, because of hardship, was unable to obtain a commercial fishing license during the 1994-1995 licensing year. A license issued pursuant to this paragraph shall be nontransferable and shall be issued annually for the fee specified in Code Section 272-23. (2) Except as provided in Code Section 27-4-133, from April 1, 1995, only a person in possession of a valid commercial crabbing license may operate a commercial fishing boat for the purpose of commercial crabbing activities as provided for in subsections (b) and (c) of this Code section. Such license shall be distinct from and in addition to the commercial fishing boat license required by Code Section 27-2-8. (3) On and after July 1, 1998, only those persons who were in possession of a commercial crabbing license and were listed as the owner or captain on a nontrawler commercial fishing boat license in two of the three license years from the 1995-1996 license year through the 1997-1998 license year and can provide evidence satisfactory to the department that he or she sold crabs ex-vessel during the time he or she was so licensed shall be eligible to be issued a commercial crabbing license. Any person desiring a commercial crabbing license for the 1998-1999 license year must make application not later than August 31, 1998. (4)(2) On and after May 1, 2013, the The total number of new commercial crab crabbing licenses issued for license years after the 1998-1999 license year shall not exceed the number of such licenses issued for the 1998-1999 license year shall not exceed 100. Those commercial crabbing licenses issued prior to May 1, 2013, shall remain active until such time the license is not renewed. Any license which is not renewed by May 1 of any license year subsequent to the 1998-1999 license year shall revert to the department for reissue by lottery devised and operated by the department. No person may hold more than one license at any time. (5)(3) Commercial crab crabbing licenses may not be sold for consideration and may not be transferred to another person; provided, however, that such licenses may only be transferred: to any person not holding a current commercial crabbing license unless otherwise prohibited by law or regulation. (4) Commercial crabbing licenses may be transferred (A) Without payment of the license fee to the licensee's spouse, children, lineal descendants, siblings, or parents lineal ancestors if the licensee dies or is permanently and totally disabled. An instrument of the court declaring the rightful heir or recipient may be required for transfers upon a death. For purposes of this Code section, a permanent, total disability shall be a physical or mental impairment of a total and permanent nature which prevents gainful employment and which is certified as such by the United States Department of Veterans Affairs, the Social Security Administration, Medicaid, medicare, the Railroad Retirement System, or a THURSDAY, MARCH 29, 2012 4579 unit of federal, state, or local government recognized by the board by rule or regulation. The transferee of a license so transferred shall engage in commercial crabbing as evidenced by his or her commercial crab harvest records within two years after such transfer or the license shall revert to the department for reissue as provided in paragraph (4)(2) of this subsection; or. (B) With payment to the department of the license fee to any person who is the bona fide purchaser of the nontrawler boat or vessel the licensee used for crabbing and designated for such purpose as provided in subsection (e) of Code Section 27-4151. (6) Any person receiving a commercial crab crabbing license by transfer as provided in subparagraphs (A) and (B) of paragraph(5) of this subsection shall register such transfer with the department and pay to the department the license fee, if so required, within 30 days following the date of the transfer." SECTION 2. Said title is further amended by revising subsection (d) and paragraph (3) of subsection (g) of Code Section 27-4-151, relating to the use of crab traps, as follows: "(d)(1) When the float of a commercial crab trap has been identified as provided in this Code section, it shall be unlawful for any person, other than the licensed commercial crab fisherman or a sole individual licensed as required in subsection (b) of Code Section 27-4-150 and carrying on his or her person written permission from the licensed commercial crab fisherman if the department has been previously notified in writing of such permission, to pull such trap or to take crabs from such trap or intentionally to damage, destroy, remove from the water any crab trap or float thereof, or to use such a float for any purpose. It shall also be unlawful for any person to use such a float for any purpose other than to mark a submerged crab trap. For purposes of determining the number of crab traps a person is employing, it shall be conclusively presumed that a crab trap is tethered to each such float. (2) In addition to the penalty provided by Code Section 27-1-38, any person convicted of violating the provisions of this subsection shall be penalized as follows: (A) On a first offense, his or her crabbing license shall be suspended for a period of three months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license; (B) On a second offense, his or her crabbing license shall be suspended for a period of six months, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license; and (C) On a third or any subsequent offense, his or her crabbing license shall be permanently revoked and the person shall be prohibited from purchasing a license in the future." "(3) Any person violating the provisions of paragraph (1) or (2) of this subsection shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction, shall be punished by a fine of not more than $2,000.00 or incarceration for not longer than one year or both. In addition to such criminal penalty, any person 4580 JOURNAL OF THE SENATE found guilty of employing more than the permitted number of crab traps shall pay a civil fine of $100.00 for each excess trap. In addition to such criminal and civil penalties, the license of any person found guilty of employing more than 50 excess crab traps shall be suspended for one year, during which time the person shall be ineligible to apply for a new license and upon the completion of which he or she may renew the license. Upon a second or subsequent such offense, the person's license shall be revoked for one year, and at the end of that time such person must apply for a new license as if he or she had never before been in possession of a license; provided, however, that such individual shall not be eligible to receive a license through transfer pursuant to paragraph (5) (3) or (4) of subsection (e) of Code Section 27-4-150." SECTION 3. All laws and parts of laws in conflict with this Act are repealed. Senator Ligon, Jr. of the 3rd moved that the Senate agree to the House substitute to SB 464. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate agreed to the House substitute to SB 464. THURSDAY, MARCH 29, 2012 4581 The following communication was received by the Secretary: Senator Butch Miller District 49 109 State Capitol Atlanta, GA 30334 Committees: State and Local Governmental Operations Economic Development Agriculture and Consumer Affairs Transportation Natural Resources and the Environment The State Senate Atlanta, Georgia 30334 3/29/12 Please record my yes vote on HR 1151, SB 319, HB 175, and SB 464. /s/ Butch Miller, 49 The following bill was taken up to consider House action thereto: SB 410. By Senators Williams of the 19th, Mullis of the 53rd, Rogers of the 21st, Jeffares of the 17th, Heath of the 31st and others: A BILL to be entitled an Act to amend Part 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to require that a letter grade be assigned to each school and school system and included on school and school system report cards; to revise provisions relating to awards and interventions; 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 3 of Article 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, so as to provide for annual indicators of the quality of learning by students, financial efficiency, and 4582 JOURNAL OF THE SENATE school climate for individual schools and for school systems; to provide for individual school and school system numerical score ratings based on student achievement, achievement gap closure, and student progress; to revise provisions relating to awards and interventions; 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 2 of Chapter 14 of Title 20 of the Official Code of Georgia Annotated, relating to an accountability assessment for K-12 education, is amended by revising Code Section 20-14-33, relating to indicators of quality of learning in individual schools and school systems, comparison to state standards, rating schools and school systems, and other matters, as follows: "20-14-33. (a) The office, in coordination with the Department of Education, shall adopt and biennially annually review, and revise as necessary, indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and for school systems in an individual school and school system. (b) The performance indicators of student achievement and school performance must be based on information that is disaggregated with respect to quality of learning shall be based on data that include student achievement, achievement gap closure, and student progress. The performance indicators of quality of learning shall include all students regardless of ethnicity, sex, disability, language proficiency, and socioeconomic status and must include shall be disaggregated by all subgroups as required under the federal Elementary and Secondary Education Act, as amended: (1) The results of assessment instruments required under Code Section 20-2-281, aggregated by grade level and subject area; (2) Dropout rates for each school; (3) Student attendance rates for each school; (4) School completion rates for each school; (5) The percentage of graduating students who attain scores on the Georgia high school graduation test required under Code Section 20-2-281 that are equivalent to a passing score on the test instrument until such time as the Georgia high school graduation test is discontinued as provided in Code Section 20-2-281; (6) The percentage of graduating students who meet the course requirements established for the recommended high school program by State Board of Education rule; (7) The percentage of students taking end-of-course assessment instruments under Code Section 20-2-281; (8) The percentage of high school students who pass the end-of-course assessment instrument in core subjects; (9) The results of the Scholastic Assessment Test or the ACT Assessment; THURSDAY, MARCH 29, 2012 4583 (10) The percentage of students taking alternate assessments under subsection (d) of Code Section 20-2-281; (11) The average time that a student placed in an early intervention program remains before attaining grade level status and returning to regular status; and (12) Any other indicator the office adopts. (c) Performance on the indicator indicators of quality of learning, financial efficiency, school climate, and any other indicators the office adopts shall be compared to state standards, progress on improved student achievement, and comparable performance. The standards for comparison shall be established by the office as provided in Code Section 20-14-31, in coordination with the Department of Education. Data and information regarding the standard standards shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. Financial efficiency may include an analysis of how federal and state funds spent by local school systems impact student achievement and school improvement, and components used to determine financial efficiency may include actual achievement, resource efficiency, and student participation in standardized testing. School climate determinations may utilize data from student health surveys, data on environmental and behavior indicators, data on student behavioral and school-based reactions, and teacher and parent survey instruments. Financial efficiency and school climate shall have one of the following star ratings based upon the factors included in this subsection, as further defined by rules and regulations of the office: (1) '5-star' schools ranked excellent according to the state determined financial efficiency or school climate index, as appropriate; (2) '4-star' schools ranked above average according to the state determined financial efficiency or school climate index, as appropriate; (3) '3-star' schools ranked average according to the state determined financial efficiency or school climate index, as appropriate; (4) '2-star' schools ranked below satisfactory according to the state determined financial efficiency or school climate index, as appropriate; or (5) '1-star' schools ranked unsatisfactory according to the state determined financial efficiency or school climate index, as appropriate. (d) The office, in coordination with the Department of Education, shall establish and annually calculate individual school and school system ratings, which shall be a numerical score on a scale of 0-100, for each public school and school system in this state based on the indicators of quality of learning adopted pursuant to this Code section for student achievement, achievement gap closure, and student progress with a majority of the score based on student achievement for annual academic performance on the assessment instruments required under Code Section 20-2-281. (e) Each school system shall provide all student performance data and all other student school completion and attendance data necessary for the calculation of the school and school system rating to the Department of Education's educational information system in accordance with rules and timelines established by the State Board of Education and the Department of Education shall make such data available to the office to enable it to 4584 JOURNAL OF THE SENATE conduct its required duties. (f) The office shall develop and the State Board of Education shall adopt a uniform definition of 'dropout.' All schools and school systems shall report student dropout information to the Department of Education's educational information system in accordance with rules and timelines established by the state board as provided in subsection (b) of Code Section 20-2-167. Each school system shall cooperate with the office in determining whether a student is a dropout under this subsection and shall adopt the uniform definition of 'dropout.' Data and information regarding the establishment of the definition and the tracking of dropout and school completion data shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. School completion data shall be included in the performance indicators of quality of learning for each school and school system. (g) The office shall develop and the State Board of Education shall adopt a uniform definition of a 'below grade level' student for purposes of placing students in the early intervention program under Code Section 20-2-153 and for purposes of tracking these students for accountability purposes. Data and information regarding the establishment of the definition shall be included in the annual report provided for in paragraph (2) of subsection (a) of Code Section 20-14-27. (h) The office shall annually review the performance of each school and school system on the indicators in subsection (b) of this Code section and determine whether a change in the school or school system rating status of the school or school system is warranted." SECTION 2. Said part is further amended by revising Code Section 20-14-34, relating to school report cards and the required information and dissemination of such report cards, as follows: "20-14-34. (a) Each school year, the office shall prepare and distribute to each school system in the State of Georgia a report card for each school in the school system and for the school system in the State of Georgia. The school report cards must be shall include performance data on quality of learning, financial efficiency, and school climate as calculated pursuant to Code Section 20-14-33 and based on the most current data available disaggregated by student groups. School performance must be compared to: (1) Previous school and local school system performance; (2) Current school and local school system performance in relation to the absolute student achievement standards and progress on improved student achievement; (3) Comparable school group performance; and (4) Any other indicators adopted by the State Board of Education. This report card on schools shall be the official state education performance report and supersedes all other reports that may be issued by departments of the state government for matters of funding, awards, and interventions. (b) The report card cards shall include the following information, where applicable: (1) The individual school and school system ratings in a numerical format as THURSDAY, MARCH 29, 2012 4585 provided for in subsection (d) of Code Section 20-14-33; (2) The academic excellence indicators in subsection (b) of Code Section 20-14-33; (3) Teacher-student ratios; and (4) Administrative and instructional costs per student and other financial accounting information as may be required. (2) A financial efficiency rating for each school and school system; (3) A school climate rating for each school and school system; (4) An explanation of the criteria that informs the school and school system rating; and (5) An explanation of the criteria that informs the financial efficiency and school climate ratings. (c) Each school year, the office shall prepare and distribute a state-wide report card, aggregated by school systems and disaggregated by student groups, reporting on the student performance and school completion results of each school and each school system in the state and a rating for each school and each school system as provided for in subsection (d) of Code Section 20-14-33 and subsection (a) of this Code section. (d) The State Board of Education shall adopt rules requiring dissemination of appropriate student performance and school completion performance portions of school and school system report cards annually to the parent, guardian, conservator, or other person having lawful control of each student at the school. On written request, the local school system shall provide a copy of a school or school system report card to any other party. These reports report cards shall be posted on the Office of Student Achievement website, the Department of Education website, and the existing website of such local school system." SECTION 3. Said part is further amended by revising Code Section 20-14-38, relating to financial awards and proclamations by the Governor, as follows: "20-14-38. (a) Financial awards will may be provided to the schools that the director determines have demonstrated the greatest improvement in achieving the education goals of improved student achievement and improved school completion achievement gap closure, subject to appropriation by the General Assembly and any limitation set by the director on the total amount that may be awarded to a school or local school system. (b) Financial awards will may be provided to each school that is identified by the director for performance on either or both excellence in student achievement and or student progress on student achievement. The certificated personnel in a school that is identified by the director as either a best performing school or better performing school in either or both categories will may be provided a bonus for the year the school was identified of $1,000.00 for each best performing school designation and $500.00 for each better performing school designation. The maximum individual annual bonus for certificated personnel shall not exceed $2,000.00 and shall be provided subject to appropriation by the General Assembly or as otherwise may be provided. An additional 4586 JOURNAL OF THE SENATE financial award will may be provided to each school for noncertificated personnel in the amount of $10,000.00 for each designation of best performing school and $5,000.00 for each designation of better performing school, provided that the total lump sum noncertificated personnel award for an individual school shall not exceed $20,000.00; provided, further, that funds for this purpose are appropriated by the General Assembly or as otherwise may be provided. The school receiving this noncertificated personnel award shall determine the distribution of the award among such personnel of its school. (c) The Governor may present proclamations or certificates to schools and school systems determined to have met or exceeded the state's education goals under Code Section 20-14-30." SECTION 4. Said part is further amended in Code Section 20-14-41, relating to appropriate levels of intervention for failing schools, by revising subsection (a) as follows: "(a) The State Board of Education shall by policies, rules, or regulations establish a coherent and sustained system of assistance and support for schools not meeting identified levels of achievement or not showing specified levels of progress as determined by the office. The State Board of Education shall by policies, rules, or regulations specify appropriate levels of assistance and intervention for schools that receive an unacceptable rating on student performance for the absolute student achievement standard or on progress on improved student achievement, achievement gap closure, or student progress, or any combination thereof. In specifying levels of assistance and intervention, the State Board of Education shall consider the number of years a school has received an unacceptable rating and may include one or more of the following interventions: (1) Issuing public notice of the deficiency to the local board of education; (2) Ordering a hearing to be conducted at the school by the local board of education with the participation of the school council for the purpose of notifying the public of the unacceptable performance, the improvements in performance expected by the office, and the interventions that may be imposed under this Code section if the performance does not improve within a designated period of time and of soliciting public comment on the initial steps being taken to improve performance; (3) Ordering the preparation of an intensive student achievement improvement plan that addresses each academic excellence indicator for which the school's performance is unacceptable, the submission of the plan to the State Board of Education for approval, and implementation of the plan; (4) Appointing a Department of Education school improvement team to: (A) Conduct a comprehensive on-site evaluation of each low-performing school to determine the cause for the school's low performance and lack of progress that includes presentations by the chairperson of the local board of education, the school principal, a parent member of the local school council, and other school personnel; (B) Recommend actions, including reallocation of resources and technical assistance, changes in school procedures or operations, professional learning THURSDAY, MARCH 29, 2012 4587 focused on student achievement for instructional and administrative staff, intervention for individual administrators or teachers, instructional strategies based on scientifically based research, waivers from state statutes or rules, adoption of policies and practices to ensure all groups of students meet the state's proficiency level, extended instruction time for low-performing students, strategies for parental involvement, incorporation of a teacher mentoring program, smaller class size for low-performing students, or other actions the team considers appropriate; (C) Assist in the development of an intensive school improvement plan focused on student achievement required by paragraph (3) of this subsection; and (D) Monitor the progress of the school in implementing the intensive school improvement plan focused on student achievement; (5) If a school has received an unacceptable rating for a period of two consecutive years or more, appointing a school master or management team to oversee and direct the duties of the principal of the school in relation to the school until school performance improves and the school is released from intervention by the director, with the cost of the master or management team to be paid by the state; or (6) If a school has received an unacceptable rating for a period of three consecutive years or more, the State Board of Education shall, subject to the provisions of subsection (f) of this Code section, implement one or more of the following interventions or sanctions: (A) Removal of school personnel on recommendation of the master or the school improvement team, including the principal and personnel whose performance has continued not to produce student achievement gains over a three-year period as a condition for continued receipt of state funds for administration; (B) Allow for the implementation of a state charter school through the designation by the State Board of Education; (C) Mandate the complete reconstitution of the school, removing all personnel, appointing a new principal, and hiring all new staff. Existing staff may reapply for employment at the newly reconstituted school but shall not be rehired if their performance regarding student achievement has been negative for the past three years; (D) Mandate that the parents have the option to relocate the student to other public schools in the local school system to be chosen by the parents of the student from a list of available options provided by the local school system. The local school system shall provide transportation for students in Title I schools in accordance with the requirements of federal law. The local school system may provide transportation for students in non-Title I schools. In any year in which the General Assembly does not appropriate funds for the provision of transportation to non-Title I students, the parent or guardian shall assume responsibility for the transportation of that student; (E) Mandate a monitor, master, or management team in the school that shall be paid by the district; (F) Continue the intensive student achievement improvement plan provided for in 4588 JOURNAL OF THE SENATE paragraph (3) of this subsection; or (G) Mandate a complete restructuring of the school's governance arrangement and internal organization of the school." SECTION 5. 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 410. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane N Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 38, nays 16; the motion prevailed, and the Senate agreed to the House substitute to SB 410. The following bill was taken up to consider House action thereto: SB 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on THURSDAY, MARCH 29, 2012 4589 their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. Senator Rogers of the 21st asked unanimous consent that the Senate adhere to its amendment to the House substitute to SB 234 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 Chance of the 16th. The following bill was taken up to consider the Conference Committee Report thereto: HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; 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 347 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 347 be adopted. Respectfully submitted, FOR THE SENATE: /s/ Senator Bethel of the 54th /s/ Senator Hooks of the 14th /s/ Senator Chance of the 16th FOR THE HOUSE OF REPRESENTATIVES: /s/ Representative Pruett of the 144th /s/ Representative Hembree of the 67th /s/ Representative England of the 108th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 347 A BILL TO BE ENTITLED AN ACT To amend Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, so as to change certain provisions relating to unemployment compensation; to change the amount of taxable wages; to change certain provisions 4590 JOURNAL OF THE SENATE relating to the State-wide Reserve Ratio; to change certain provisions relating to determination of the weekly benefit amount; to provide for related matters; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 8 of Title 34 of the Official Code of Georgia Annotated, relating to employment security, is amended by revising paragraph (1) of subsection (b) of Code Section 34-8-49, relating to wages, as follows: "(1) For the purposes of Code Section 34-8-20 and Articles 5 and 6 of this chapter, except Code Sections 34-8-156 and 34-8-157, any remuneration paid in excess of taxable wages. For purposes of this chapter, 'taxable wages' means that portion of remuneration paid by an employer to each employee, subject to unemployment insurance contributions for each calendar year which does not exceed the following amounts: (A) For the period January 1, 1976, through December 31, 1982 -- $6,000.00; (B) For the period January 1, 1983, through December 31, 1985 -- $7,000.00; (C) For the period January 1, 1986, through December 31, 1989 -- $7,500.00; and (D) For the period January 1, 1990, and thereafter through December 31, 2012 -- $8,500.00; and (E) January 1, 2013, and thereafter $9,500.00; provided, however, that in cases of successorship of an employer, the amount of wages paid by the predecessor shall be considered for purposes of this provision as having been paid by the successor employer;" SECTION 2. Said chapter is further amended by revising subparagraph (d)(4)(B) of Code Section 348-156, relating to the State-wide Reserve Ratio, as follows: "(B) Except for any year or portion of a year during which the provisions of paragraph (1) of subsection (f) of Code Section 34-8-155 apply, when the State-wide Reserve Ratio, as calculated above, is less than 1.7 percent, there shall be an overall increase in the rate, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155 in accordance with the following table: If the State-wide Reserve Ratio: Equals or Exceeds But Is Less Than Overall Increase 1.5 percent 1.7 percent 25 percent 1.25 percent 1.5 percent 50 percent THURSDAY, MARCH 29, 2012 4591 0.75 percent 1.25 percent 75 percent Under 0.75 percent 100 percent provided, however, that for the periods of January 1 through December 31, 2004; January 1 through December 31, 2005; and January 1 through December 31, 2006, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.00 percent on the computation date with respect to rates applicable to calendar year 2004, 2005, or 2006, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 35 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the periods of January 1 through December 31, 2007, January 1 through December 31, 2008, January 1 through December 31, 2009, January 1 through December 31, 2010, January 1 through December 31, 2011, and January 1 through December 31, 2012, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2007, 2008, 2009, 2010, 2011, or 2012, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; and provided, further, that for the period of January 1 through December 31, 2013, and for each calendar year period thereafter, the overall increase in the rate required under this subparagraph shall be suspended and the provisions of this subparagraph shall be null and void, except in the event the State-wide Reserve Ratio, as calculated above, is less than 1.25 percent on the computation date with respect to rates applicable to calendar year 2013 or any calendar year thereafter, then for each such year the Commissioner of Labor shall have the option of imposing an increase in the overall rate of up to 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155; provided, however, that if any funds borrowed by the Commissioner from the United States Treasury pursuant to Code Section 34-8-87 are unpaid or if the Unemployment Compensation Fund balance is less than $1 billion, then the Commissioner of Labor shall impose an increase in the overall rate of 50 percent, as of the computation date, for each employer whose rate is computed under a rate table in Code Section 34-8-155." SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 34-8-193, relating to determination of weekly benefit amount, as follows: "(d)(1) Except as otherwise provided in this subsection, the maximum benefits 4592 JOURNAL OF THE SENATE payable to an individual in a benefit year shall be the lesser of: 26 times the weekly amount or (A) Fourteen times the weekly benefit amount, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent; or (B) one-fourth One-fourth of the base period wages. If the amount computed is not a multiple of the weekly benefit amount, the total will be adjusted to the nearest multiple of the weekly benefit amount. The duration of benefits shall be extended in accordance with Code Section 34-8-197. (2) In addition to and subsequent to payment of all benefits otherwise allowed under paragraph (1) of this subsection and without restriction with respect to an individual's benefit year, for claims filed on or after January 1, 2010, weekly unemployment compensation shall be payable under this subsection to any individual who is unemployed, has exhausted all rights to regular unemployment compensation under the provisions of Article 7 of this chapter, and is enrolled and making satisfactory progress, as determined by the Commissioner, in a training program approved by the department, or in a job training program authorized under the Workforce Investment Act of 1998, Public Law 105-220, and not receiving similar stipends or other training allowances for nontraining costs. Each such training program approved by the department or job training program authorized under the Workforce Investment Act of 1998 shall prepare individuals who have been separated from a declining occupation, as designated by the department from time to time, or who have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at the individual's place of employment, for entry into a highdemand occupation, as designated by the department from time to time. The amount of unemployment compensation payable under this subsection to an individual for a week of unemployment shall be equal to the individual's weekly benefit amount for the individual's most recent benefit year less deductible earnings, if any. The total amount of unemployment compensation payable under this subsection to any individual shall be equal to at least 26 14 times the individual's weekly benefit amount for the individual's most recent benefit year, if this state's average unemployment rate is at or below 6.5 percent, with an additional weekly amount added for each 0.5 percent increment in this state's average unemployment rate above 6.5 percent up to a maximum of 20 times the weekly benefit amount if this state's average unemployment rate equals or exceeds 9 percent. The provisions of subsection (d) of Code Section 34-8-195 shall apply to eligibility for benefits under this subsection. Except when the result would be inconsistent with other provisions of this subsection, all other provisions of Article 7 of this chapter shall apply to the administration of the provisions of this subsection. (3) As used in this subsection, the term 'state's average unemployment rate' means the average of the adjusted state-wide unemployment rates as published by the THURSDAY, MARCH 29, 2012 4593 department for the time periods of April 1 through April 30 and October 1 through October 31. The average of the adjusted state-wide unemployment rates for the time period of April 1 through April 30 shall be effective on and after July 1 of each year and shall be effective through December 31. The average of the adjusted state-wide unemployment rates for the time period of October 1 through October 31 shall be effective on and after January 1 of each year and shall be effective through June 30." SECTION 4. (a) Except as provided in subsection (b) of this section, this Act shall become effective upon its approval by the Governor or upon its becoming law without such approval. (b) Section 3 of this Act shall become effective on July 1, 2012. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th moved that the Senate adopt the Conference Committee Report on HB 347. Senator Rogers of the 21st moved the previous question. On the motion, Senator Henson of the 41st, called for the yeas and nays; the call was sustained, and the vote was as follows: Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams 4594 JOURNAL OF THE SENATE On the motion, the yeas were 37; nays 18, the motion prevailed, and the previous question was ordered. On the motion to adopt the Conference Committee Report on HB 347, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 37, nays 17; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 347. 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 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the O.C.G.A., relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit THURSDAY, MARCH 29, 2012 4595 assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Title 51 of the O.C.G.A., relating to torts, so as to provide for civil liability for wrongful death caused by assisted suicide; to provide for definitions; to provide an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 905. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide for an effective date; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 181. By Senators Bethel of the 54th and Williams of the 19th: A BILL to be entitled an Act to amend Chapter 1 of Title 16 and Chapter 15 of Title 45 of the Official Code of Georgia Annotated, relating to general provisions for crimes and offenses and the Attorney General, respectively, so as prohibit contingent compensation under certain circumstances; to change provisions relating to the Attorney General's authorization to employ private counsel; to provide for legislative findings; to provide for related matters; to repeal conflicting laws; and for other purposes. 4596 JOURNAL OF THE SENATE Mr. President: The House has agreed to the Senate substitute to the following Bill of the House: HB 1208. By Representatives Ehrhart of the 36th, Dollar of the 45th, Carson of the 43rd, Parsons of the 42nd, Golick of the 34th and others: A BILL to be entitled an Act to amend an Act providing for the election of members of the Board of Education of Cobb County, approved March 28, 1974 (Ga. L. 1974, p. 3516), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3728), so as to change the description of the education districts of such board; to provide for definitions and inclusions; to provide for qualifications, compensation, and chairpersons and vice chairpersons; to provide for elections; to provide for terms; to provide for submissions; to provide an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 1291. By Representatives Wilkinson of the 52nd, Geisinger of the 48th, Lindsey of the 54th and Willard of the 49th: A BILL to be entitled an Act to amend an Act providing for a new charter for the City of Sandy Springs in Fulton County, approved April 15, 2005 (Ga. L. 2005 p. 3515), so as to modify provisions relating to the City of Sandy Springs and the executive and judicial officials of such city; 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: HB 933. By Representatives Rogers of the 26th, Williams of the 4th and Brockway of the 101st: A BILL to be entitled an Act to amend Code Section 10-14-7 of the Official Code of Georgia Annotated, relating to preneed escrow accounts, so as provide for the release of funds from an escrow account when a monument is placed into a bonded memorial storage program; 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 Regulated Industries and Utilities Committee substitute to HB 933 (LC 36 2188ERS) by deleting lines 53 through 57 and inserting in lieu thereof the following: Reserved. THURSDAY, MARCH 29, 2012 4597 By deleting lines 83 through 93 and inserting in lieu thereof the following: shall have sole authority over matters relating to the regulation of funds, trust funds, and escrow accounts and accounting and investigations concerning such matters but may delegate authority to the appropriate board for the review of such investigations and the determination as to disciplinary matters, necessary sanctions, and the enforcement of such decisions and sanctions. The State Board of Funeral Service shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to funeral services or funeral merchandise. The State Board of Cemeterians shall have authority to promulgate rules and regulations and make disciplinary and sanctioning decisions relating to burial services or burial merchandise. The Secretary of State may delegate to each board according to such duties and responsibilities of the boards." By inserting after "preneed" on line 136 the following: trust or By deleting line 138 and inserting in lieu thereof: (L) An executed copy of the trust or escrow agreement required by Code Section 10-14-7 or 10-14-7.1; By inserting after "number of the" on line 139 the following: trust or By deleting lines 143 through 147 and inserting in lieu thereof: The provisions of this paragraph notwithstanding, a person licensed by the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall not be required to separately register as a preneed dealer provided that the requirements of subparagraphs (A) through (N) of this paragraph are satisfied." By deleting lines 157 through 161 and inserting in lieu thereof: interest in a preneed dealer registered under this chapter. For purposes of this chapter, any person licensed by or registered with the Board of Funeral Service as a funeral services director in full and continuous charge or an owner of a cemetery licensed by the State Board of Cemeterians as a cemeterian shall be deemed a registered preneed dealer, and regulated pursuant to the rules governing same, by virtue thereof. By deleting lines 227 through 234 and inserting in lieu thereof: Any individual engaged in the sale of life insurance shall not use the name of any funeral establishment or any price list which identifies the funeral establishment or any reference to a funeral establishment or crematory in connection with the sale of life insurance without the express written authorization of the funeral establishment. When a preneed funeral contract is funded by a life insurance policy, the funeral establishment shall be designated as the assignee of the death benefit payable under the policy in accordance with the terms of the preneed contract." 4598 JOURNAL OF THE SENATE By deleting lines 239 through 343 and inserting in lieu thereof: "10-14-7. (a)(1) Each preneed dealer which sells burial or funeral merchandise on a preneed basis or preneed burial or funeral services, other than preneed funeral services described in Code section 10-14-7.1, shall establish and maintain a trust fund or a preneed escrow account. (2) With respect to each monument and outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, and except as otherwise provided in paragraph (3) of this subsection, the amount to be deposited to said trust or escrow account shall be not less than 35 percent of the sales price of such monument or outer burial container; in no event shall the amount deposited be less than 110 120 percent of the wholesale price of such monument or outer burial container items. For any other burial or funeral merchandise caskets, the amount to be deposited to said trust or escrow account shall be not less than 100 percent of the sales price of such merchandise; in no event shall the amount deposited be less than 110 percent of the wholesale price of such merchandise. If the contract of sale shall include grave spaces or items not deemed to be burial or funeral merchandise, the portion of the sales price attributable to the sale of the burial or funeral merchandise shall be determined, and it shall only be as to such portion of the total contract as constitutes burial or funeral merchandise that the deposit described in this paragraph shall be required. In the event that the sale of burial or funeral merchandise is under an installment contract, the required trust deposit shall be a pro rata part of the principal portion of each installment payment, such deposit only being required as payments are made by the purchaser for such burial or funeral merchandise. In the event the installment contract is discounted or sold to a third party, the seller shall be required to deposit an amount equal to the undeposited portion of the required deposit of the sales price of such burial or funeral merchandise at such time as if the contract were paid in full. (3) With respect to a monument, or outer burial container, bench, coping, and other burial and funeral merchandise items except for caskets, the itemized sales price of which does not include the installation of such item, 100 percent of the installation cost shall be deposited in the trust or escrow account. (4) With respect to cash advance items and the sale of preneed funeral or burial services, the amount to be deposited to said trust or escrow account shall be 100 percent of the sales price of such funeral or burial services or the full amount of a cash advance item. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account. (5) With respect to preneed burial services, the amount to be deposited to said trust or escrow account shall be not less than 35 percent of the sales price of such burial services; in no event shall the amount deposited be less than 120 percent of the wholesale price of such burial services. The time and manner of deposit shall be the same as that specified for deposit of burial or funeral merchandise sale funds to the escrow account. THURSDAY, MARCH 29, 2012 4599 (b) The deposit specified in paragraphs (2), and (3), and (4), and (5) of subsection (a) of this Code section shall be made not later than 30 days following the last day of the month in which any payment is received. (c) The A preneed escrow account governed by the provisions of this Code section shall be established and maintained in a state bank, state savings and loan institution, savings bank, national bank, federal savings and loan association, whose deposits are insured by the Federal Deposit Insurance Corporation or other governmental agency, or a state or federally chartered credit union insured under 12 U.S.C. Section 1781 of the Federal Credit Union Act, or other organization approved by the Secretary of State which is located and doing business in this state. (d)(1) If the account is maintained with a trustee, the assets of the trust fund shall be invested and reinvested by the trustee subject to all the terms, conditions, limitations, and restrictions imposed by Georgia law 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 Sections 53-8-1 and 53-12-340 of the 'Revised Probate Code of 1998,' if applicable, or Chapter 12 of Title 53, 'The Revised Georgia Trust Code of 2010.' Subject to said terms, conditions, limitations, and restrictions, the trustee of the preneed accounts 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 account are invested, including proceeds of investments. (2) Any state bank, national bank, or other financial institution authorized to act in a fiduciary capacity in this state, which presently or in the future serves as a fiduciary or cofiduciary of the trust fund of a preneed dealer, may invest part or all of such trust fund held by it for investment in interests or participation in one or more common trust funds established by that state bank, national bank, or other financial institution for collective investment, if such investment is not expressly prohibited by the instrument, judgment, decree, or order creating the fiduciary relationship and if, in the case of cofiduciaries, the trust institution procures the consent of its cofiduciary or cofiduciaries to such investment, and notwithstanding the fact that such common trust funds are not 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 in the making and disposing of their investments. (e)(1) For burial or funeral merchandise, funds Funds shall be released from the trust or escrow account when the burial or funeral merchandise is delivered at the time of need or to the purchaser at the purchaser's request or, in the case of a monument, attached to realty, or at such times as described in the rules and regulations promulgated by the Secretary of State, not exceeding the lesser of 30 days from receipt of application for release or the time within which a preneed dealer is required by law to provide a refund to a purchaser. A preneed dealer is prohibited from requiring preneed delivery to the consumer as a condition of the sale. Outer burial containers may not be delivered prior to need or, if the burial or funeral merchandise is not yet delivered, within the time required by law after a purchaser requests a 4600 JOURNAL OF THE SENATE refund. The preneed dealer is considered to have delivered burial or funeral merchandise when the burial or funeral merchandise is: (A) Actually delivered to the purchaser at the time of need; (B) Actually delivered to the purchaser at the purchaser's request; (C) In the case of a monument, when the monument is attached to realty; (D) In the case of a monument, when the preneed dealer has the monument manufactured for the purchaser and placed into storage with a responsible third party bonded and insured for the wholesale value thereof and evidenced by a receipt specifically identifying the monument, the specific preneed contract, the location of the monument, and identify and address of the bonding and insuring parties; or (E) At such other times as prescribed by the rule or order of the Secretary of State. Notwithstanding the foregoing, outer burial containers may not be delivered prior to need. (2) Deposits made from funds received in payment of preneed services shall remain in the trust or escrow account until such services are performed, at which time said funds may be released to the preneed dealer. The trustee may require certification by the preneed dealer of delivery of merchandise or performance of services before release of funds. (2)(3) The funds on deposit under the terms of this subsection shall be deemed and regarded as escrow funds pending delivery of the burial or funeral merchandise concerned and said funds may not be pledged, hypothecated, transferred, or in any manner encumbered by the escrow agent nor may said funds be offset or taken for the debts of the preneed dealer until such time as the merchandise has been delivered or the services performed;, but after delivery of the burial or funeral merchandise concerned. (e)(f) At any time, in the event that the preneed trust or escrow account contains an amount less than the amount required by this Code section, the preneed dealer shall, within 15 days after the earlier of becoming aware of such fact or having been so notified by the Secretary of State, deposit into the preneed account an amount equal to such shortfall. In the event that the Secretary of State and the preneed dealer disagree regarding the amount of such shortfall, no penalty shall be imposed upon the preneed dealer for any failure to comply with this provision unless such failure occurs after notice and opportunity for a hearing as provided in Code Section 10-14-23. (e.1)(g) In the case of release of trusted or escrowed funds to a purchaser at the purchaser's request pursuant to paragraph (1) of subsection (d) (e) of this Code section, a sum not less than the lesser of 10 percent of the trusted or escrowed amount or onehalf of the interest earned or return upon such funds as of the date of release, as provided by the Secretary of State by rule or regulation, may be retained by the preneed dealer as an administrative fee for reimbursement of the preneed dealer for costs. (h) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the preneed trust or escrow account. (i) Trust funds shall not be invested in or loaned to any business venture controlled by the preneed dealer, a person who owns a controlling interest of a cemetery owner that is THURSDAY, MARCH 29, 2012 4601 not a natural person, or an affiliate of any of these persons or entities. (f)(j) Upon a finding by a court of competent jurisdiction of failure to deposit or maintain funds in the preneed trust or escrow account as required by this chapter or of fraud, theft, or other misconduct by the preneed dealer or the officers or directors of the preneed dealer which has wasted or depleted such funds, the preneed dealer or the officers or directors of the preneed dealer may be held jointly and severally liable for any deficiencies in the preneed trust or escrow account." By deleting line 347 through 352 and inserting in lieu thereof: (a) Notwithstanding any provision to the contrary contained in Chapter 1 of Title 7, the 'Financial Institutions Code of Georgia,' or in any other provision of law, a preneed dealer registered or deemed registered pursuant to Code Section 10-14-5 who provides funeral services shall provide for funds to be deposited in an escrow account pursuant to Code Section 10-14-7 or with a depository institution in accordance with this Code section and placed in an individual trust fund account that is: By deleting "trust agent" on lien 371 and inserting in lieu thereof "trustee". By deleting line 375 and inserting in lieu thereof the following: (B) Subject to said terms, conditions, limitations, and restrictions, the trustee of By deleting lines 378 and 379 and inserting in lieu thereof: of said account are invested, including proceeds of investments. representative shall be authorized to invest A personal By deleting "The" after the period in line 386 and deleting lines 387 through 396. By deleting line 397 and inserting in lieu thereof the following: (C) In making investments pursuant to subparagraph (b)(2)(B) of this Code section and in acquiring and retaining those investments By deleting lines 407 through 412 and inserting in lieu thereof the following: (c) The trustee shall furnish yearly to the Secretary of State a financial report in a form designated by the Secretary of State with respect to the preneed trust or escrow account. By inserting between lines 427 and 428 the following: Said chapter is further amended by revising subsection (d) of Code Section 10-14-17, relating to enumeration of fees, as follows: "(d) Other than the fees for the processing and for the sale of burial rights, burial or funeral merchandise, and burial or funeral services, no other fee may be directly or indirectly charged, contracted for, or received by a cemetery company as a condition for a customer to use any burial right, burial or funeral merchandise, or burial or funeral service, except for:" 4602 JOURNAL OF THE SENATE SECTION 14. By redesignating Section 14 as Section 15. Senator Miller of the 49th moved that the Senate agree to the House amendment to the Senate substitute to HB 933. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 51, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 933. The following bill was taken up to consider the Conference Committee Report thereto: HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state THURSDAY, MARCH 29, 2012 4603 legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 954 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 954 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Williams of the 19th /s/ Senator Unterman of the 45th /s/ Senator Cowsert of the 46th /s/ Representative McKillip of the 115th /s/ Representative Sheldon of the 105th /s/ Representative Collins of the 27th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 954 A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to change certain provisions relating to civil and professional penalties for violations of the "Woman's Right to Know Act"; to provide for confidentiality; to change certain provisions relating to definitions relative to the "Woman's Right to Know Act"; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. The General Assembly makes the following findings: (1) At least by 20 weeks after fertilization there is substantial evidence that an unborn child has the physical structures necessary to experience pain; (2) There is substantial evidence that, by 20 weeks after fertilization, unborn children seek to evade certain stimuli in a manner which in an infant or an adult would be 4604 JOURNAL OF THE SENATE interpreted as a response to pain; (3) Anesthesia is routinely administered to unborn children who have developed 20 weeks or more past fertilization who undergo prenatal surgery; (4) Even before 20 weeks after fertilization, unborn children have been observed to exhibit hormonal stress responses to painful stimuli. Such responses were reduced when pain medication was administered directly to such unborn children; (4.1) Probable gestational age is an estimate made to assume the closest time to which the fertilization of a human ovum occurred and does not purport to be an exact diagnosis of when such fertilization occurred; and (5) It is the purpose of the State of Georgia to assert a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain. SECTION 2. Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, is amended by revising Code Sections 16-12-140 and 16-12-141, relating to criminal abortion and when abortion is legal, respectively, as follows: "16-12-140. (a) Except as otherwise provided in Code Section 16-12-141, a A person commits the offense of criminal abortion when, in violation of Code Section 16-12-141, he or she administers any medicine, drugs, or other substance whatever to any woman or when he or she uses any instrument or other means whatever upon any woman with intent to produce a miscarriage or abortion. (b) A person convicted of the offense of criminal abortion shall be punished by imprisonment for not less than one nor more than ten years. 16-12-141. (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 Code Section 16-12-144 is a prohibition of a particular abortion method which shall apply to both duly licensed physicians and laypersons. No abortion is authorized or shall be performed in violation of subsection (a) of Code Section 31-9B2. (b)(1) No abortion is authorized or shall be performed after the first trimester unless the abortion is performed in a licensed hospital, in a licensed ambulatory surgical center, or in a health facility licensed as an abortion facility by the Department of Community Health. (2) An abortion shall only be performed by a physician licensed under Article 2 of Chapter 34 of Title 43. (c)(1) No abortion is authorized or shall be performed after the second trimester if the probable gestational age of the unborn child has been determined in accordance with Code Section 31-9B-2 to be 20 weeks or more unless the physician and two THURSDAY, MARCH 29, 2012 4605 consulting physicians certify that the pregnancy is diagnosed as medically futile, as such term is defined in Code Section 31-9B-1, or in reasonable medical judgment the abortion is necessary in their best clinical judgment to preserve the life or health of the woman to: (A) Avert the death of the pregnant woman or avert serious risk of substantial and irreversible physical impairment of a major bodily function of the pregnant woman. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function; or (B) Preserve the life of an unborn child. As used in this paragraph, the term 'probable gestational age of the unborn child' has the meaning provided by Code Section 31-9B-1. (2) In any case described in subparagraph (A) or (B) of paragraph (1) of this subsection, the physician shall terminate the pregnancy in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive unless, in reasonable medical judgment, termination of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would another available method. No such greater risk shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function. If the product of the abortion child is capable of meaningful or sustained life, medical aid then available must be rendered. (d) The performing physician shall file with the commissioner of public health within ten days after an abortion procedure is performed a certificate of abortion containing such statistical data as is determined by the Department of Public Health consistent with preserving the privacy of the woman. Hospital or other licensed health facility records shall be available to the district attorney of the judicial circuit in which the hospital or health facility is located." SECTION 3. Title 31 of the Official Code of Georgia Annotated, relating to health, is amended by adding a new Chapter 9B to read as follows: "CHAPTER 9B 31-9B-1. (a) As used in this chapter, the term: (1) 'Abortion' has the meaning provided by Code Section 31-9A-2. (2) 'Medical emergency' has the meaning provided by Code Section 31-9A-2. 4606 JOURNAL OF THE SENATE (3) 'Medically futile' means that, in reasonable medical judgment, the unborn child has a profound and irremediable congenital or chromosomal anomaly that is incompatible with sustaining life after birth. (4) 'Physician' has the meaning provided by Code Section 31-9A-2. (5) 'Probable gestational age of the unborn child' means what will, in reasonable medical judgment and with reasonable probability, be the postfertilization age of the unborn child at the time the abortion is planned to be performed or induced, as dated from the time of fertilization of the human ovum. (6) 'Reasonable medical judgment' means a medical judgment that would be made by a reasonably prudent physician, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) 'Unborn child' has the meaning provided by Code Section 31-9A-2. 31-9B-2. (a) Except in the case of a medical emergency or when a pregnancy is diagnosed as medically futile, no abortion shall be performed or attempted to be performed unless the physician performing it has first made a determination of the probable gestational age of the unborn child or relied upon such a determination made by another physician. (b) Failure by any physician to conform to any requirement of this Code section constitutes unprofessional conduct for purposes of paragraph (7) of subsection (a) of Code Section 43-34-8 relating to medical licensing sanctions. 31-9B-3. (a) Any physician who performs or attempts to perform an abortion shall report to the department, in conjunction with the reports required under Code Section 31-9A-6 and in accordance with forms and rules and regulations adopted and promulgated by the department: (1) If a determination of probable gestational age was made, the probable gestational age determined and the method and basis of the determination; (2) If a determination of probable gestational age was not made, the basis of the determination that a medical emergency existed or that a pregnancy was diagnosed as medically futile; (3) If the probable gestational age was determined to be 20 or more weeks, the basis of the determination that the pregnant woman had a medically futile pregnancy or had a condition which so complicated her medical condition as to necessitate the termination of her pregnancy to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function, or the basis of the determination that it was necessary to preserve the life of an unborn child; and (4) The method used for the abortion and, in the case of an abortion performed when the probable gestational age was determined to be 20 or more weeks, whether the method of abortion used was one that, in reasonable medical judgment, provided the best opportunity for the unborn child to survive or, if such a method was not used, the basis of the determination that the pregnancy was medically futile or that termination THURSDAY, MARCH 29, 2012 4607 of the pregnancy in that manner would pose a greater risk either of the death of the pregnant woman or of the substantial and irreversible physical impairment of a major bodily function of the pregnant woman than would other available methods. (b) By June 30 of each year, the department shall issue a public report providing statistics for the previous calendar year compiled from all of the reports covering that year submitted in accordance with this Code section for each of the items listed in subsection (a) of this Code section. Each such report shall also provide the statistics for all previous calendar years during which this Code section was in effect, adjusted to reflect any additional information from late or corrected reports. The department shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed. (c) The department shall ensure that the names and identities of the physicians filing reports under this chapter shall remain confidential. The names and identities of such physicians shall not be subject to Article 4 of Chapter 18 of Title 50. (d) Any physician who fails to submit a report by the end of the grace period of 30 days following the due date shall be subject to sanctions as specified in subsection (e) of Code Section 31-9A-6. (e) The department shall adopt such rules and regulations as are reasonable and necessary to implement the provisions of this Code section." SECTION 4. Said title is further amended by revising Code Section 31-9A-6.1, relating to civil and professional penalties for violations of the "Woman's Right to Know Act," as follows: "31-9A-6.1. (a) In addition to whatever remedies are available under the common or statutory law of this state, failure to comply with the requirements of this chapter shall be reported to the Georgia Composite Medical Board for disciplinary action. (b) Any plaintiff seeking relief in the form of civil remedies for a violation of Code Section 31-9B-2 shall produce clear and convincing evidence that the physician determining the probable gestational age of the fetus or the physician whose determination was relied upon was negligent in his or her determination. (c) Any female who solicits or conspires to solicit an abortion who makes a false representation of her age or name shall not have standing to state a claim against any party pursuant to this chapter or Chapter 9B of this title nor shall any agency or instrumentality of the state consider any action related to such claim." SECTION 5. Said title is further amended by revising paragraph (2) of Code Section 31-9A-2, relating to definitions relative to the "Woman's Right to Know Act," as follows: "(2) 'Medical emergency' means any condition which, on the basis of the physician's good faith clinical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or 4608 JOURNAL OF THE SENATE for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function. 'Medical emergency' means any condition which, in reasonable medical judgment, so complicates the medical condition of a pregnant female as to necessitate the immediate abortion of her pregnancy to avert her death or for which a delay will create serious risk of substantial or irreversible impairment of a major bodily function of the pregnant woman or death of the unborn child. No such condition shall be deemed to exist if it is based on a diagnosis or claim of a mental or emotional condition of the pregnant woman or that the pregnant woman will purposefully engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function." SECTION 6. For purposes of promulgating rules and regulations, this Act shall become effective upon approval by the Governor or upon its becoming law without such approval. For all other purposes, this Act shall become effective on January 1, 2013. SECTION 7. All laws and parts of laws in conflict with this Act are repealed. Senator Williams of the 19th moved that the Senate adopt the Conference Committee Report on HB 954. Senator Rogers of the 21st moved the previous question. Senator Hooks of the 14th objected. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C Thompson, S Y Tippins Y Tolleson THURSDAY, MARCH 29, 2012 4609 Y Goggans Y Golden Y Gooch Y Grant Y Millar Y Miller Y Mullis Y Murphy Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 36; nays 19, the motion prevailed, and the previous question was ordered. On the motion to adopt the Conference Committee Report on HB 954, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson N Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 36, nays 19; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 954. The following bill was taken up to consider the Conference Committee Report thereto: SB 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent 4610 JOURNAL OF THE SENATE adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided for related matters; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on SB 203 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 203 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Bethel of the 54th /s/ Senator Shafer of the 48th /s/ Senator Goggans of the 7th /s/ Representative Shaw of the 176th /s/ Representative Meadows of the 5th /s/ Representative Smith of the 131st COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 203: A BILL TO BE ENTITLED AN ACT To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to update this state's domestic farmers' mutual fire insurance companies provisions; to provide that the companies are organized for the purpose of insuring property; to provide for minimum surplus requirements for the issuance of a certificate of authority; to provide that certain changes to a plan of operation require filing and approval by the Commissioner; to provide for bylaw amendment at least 30 days prior to adoption; to provide for minimum surplus requirements; to provide for limitations on amount that may be retained on any subject of insurance; to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for changes to license requirements for certain resident independent adjusters; to add certain nonresident independent adjuster license requirements; to provide for related matters; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by revising Chapter 16 of Title 33, relating to farmers' mutual fire insurance companies, as follows: THURSDAY, MARCH 29, 2012 4611 "CHAPTER 16 33-16-1. This chapter applies only to domestic farmers' mutual fire insurance companies. 33-16-2. (a) 'Domestic farmers' mutual fire insurance companies' are companies organized for the purpose of insurance on the assessment or cooperative plan insuring property against loss or damage by fire, lightning, windstorm, extended coverage, and hail, and for all, or either any, of such purposes. (b) Domestic farmers' mutual fire insurance companies may write insurance against said hazards on such property risks as their charter and bylaws may provide. 33-16-3. (a) Twenty or more persons a majority of whom are citizens of this state may become a body corporate for the purpose of transacting insurance upon the farmers' mutual fire insurance plan as defined in Code Section 33-16-2 by making an application for a charter signed by the persons applying for the charter or their counsel in triplicate specifying: (1) The name of the proposed corporation. The name shall contain the words 'Farmers' Mutual' and shall not be so similar to any name already used by any other corporation authorized to transact business in this state as to be confusing or misleading; (2) The purpose for which the corporation is formed; (3) The name of the county in this state in which the corporation will have its principal office and the names of any other contiguous counties in which it proposes to operate; (4) The name and address of each incorporator; (5) The names and addresses of those composing the board of directors of the corporation in which the management shall be vested until the first meeting of the members; and (6) Any other provisions not inconsistent with this chapter or other applicable laws as are deemed desirable by the incorporators or as may be required by the Commissioner. (b) The corporate charter shall be granted by the Secretary of State as provided in Chapter 14 of this title. 33-16-4. (a) No person shall transact or attempt to transact business as a farmers' mutual fire insurance company unless so authorized by a currently effective certificate of authority issued by the Commissioner. (b) The Commissioner shall not issue or permit to exist any certificate of authority as to any corporation or insurer not currently qualified for such certificate unless it is 4612 JOURNAL OF THE SENATE shown to the satisfaction of the Commissioner that: (1) It has received bona fide applications from not less than 25 citizens of this state for not less than $100,000.00 of insurance covering farm property located in the county or counties in which it is organized to transact business, which shall not be more than four contiguous counties and those counties which are contiguous to the county of the corporation's or insurer's domicile and with not more than the maximum amount of insurance permitted on a single risk under Code Section 33-16-14 The farmers' mutual fire insurance company maintains the minimum surplus required by subsection (a) of Code Section 33-16-13; (2) It has collected in cash the first payment or premium or assessment required to be paid in advance by each such applicant for its insurance according to the company's bylaws or has received from each such applicant such form of obligation, if any, as may be provided for in the bylaws to cover liability for payment of initial assessments and any future assessments as may be levied The farmers' mutual fire insurance company maintains a security deposit as required by subsection (c) of Code Section 33-16-13; (3) There is on deposit to its credit, in a bank located in the county of its domicile, funds representing a surplus of its assets over its liabilities in the amount of not less than $10,000.00; provided, however, that if such company writes an amount of insurance coverage of $7 million or more, the deposit of funds representing a surplus of its assets over its liabilities shall be an amount not less than $30,000.00 The farmers' mutual fire insurance company has submitted an acceptable business plan to the Commissioner that includes, but is not limited to, two-year financial projections and supporting assumptions reflecting expected premiums and losses, counties where the farmers' mutual fire insurance company intends to insure property, and the contingent liability, if any, of its members; (4) At the time of filing the petition for a charter as required under Code Section 3316-3, the organizers of the proposed company have filed with the Commissioner a qualified bond in the sum of $5,000.00 with good and sufficient security, subject to the Commissioner's approval. The bond shall be conditioned for the prompt return to members of all money collected from them in advance and for payment of all indebtedness of the company if the organization of the company is not completed within two years after the date of the granting of the charter; and (5)(4) It must otherwise be in compliance with the requirements of this chapter. (c) Any proposed changes to a farmers' mutual fire insurance company's plan of operation subsequent to licensure pursuant to this chapter, including but not limited to geographical expansion, shall be filed and approved in advance by the Commissioner. 33-16-5. Farmers' mutual fire insurance companies shall pay no annual fees or charges other than an annual license fee as provided in Code Section 33-8-1. THURSDAY, MARCH 29, 2012 4613 33-16-6. In companies organized under this chapter, the number of directors shall be not less than three. A majority of the board of directors shall be a quorum for the transaction of business. No person shall be or act as a director of the insurer who does not have currently effective insurance in force in the insurer. 33-16-7. The board of directors of a farmers' mutual fire insurance company may, at any time, borrow such sum or sums of money as they may deem necessary to pay its losses, accrued or unaccrued, and may pledge the assets of the company including the contingent liability of policyholders for the losses as security for the loan. 33-16-8. (a) The bylaws shall state the time and manner of the levy and payment of all premiums or assessments for all insurance written by the company. (b) The bylaws shall also fix the liability of the policyholders for all losses accrued while the policies are in force, in addition to the regular premium or assessment of the policyholders, and the time and manner of payment of such liability. (c) The bylaws may be amended and any such amendment shall be filed with the Commissioner within at least 30 days after prior to its adoption. (d) The bylaws may contain provisions for the exclusion of any member of the company who refuses or neglects to pay his or her assessment or for any other reasons satisfactory to the directors to be excluded from the insurer. 33-16-9. The portion of the bylaws which affects the insuring agreement shall be contained in the policy. Each policy issued by the insurer shall contain a statement of the contingent liability, if any, of its members. 33-16-10. The companies may provide in the policy that officers and agents elected by them do not have the power to waive any provision of the bylaws. 33-16-11. An annual meeting of such company shall be held at such a time as is fixed in the bylaws of the company. Special meetings may be held for such purposes and in such manner as may be specified in the insurer's bylaws, consistent with this chapter. All such meetings shall be held in the insurer's county of domicile or other location in this state that is convenient for its membership and specified in the insurer's bylaws. Notice of such meeting shall be mailed or otherwise given to each member not less than 20 days in advance of the meeting, and notice of any special meeting called by the board of directors shall be given in writing not less than ten days in advance stating the purpose of the meeting so called. 4614 JOURNAL OF THE SENATE 33-16-12. Each policyholder in a farmers' mutual fire insurance company shall be entitled to only one vote in all policyholders' meetings. No voting by proxy shall be permitted unless it is specially authorized in the bylaws and approved by the Commissioner. 33-16-13. A farmers' mutual fire insurance company shall not issue policies of insurance or otherwise insure property located in any county in this state other than the county in which it has its home office as specified in its original charter and in any other contiguous county (a) The amount of minimum surplus required for each farmers' mutual fire insurance company shall be determined on an individual basis; however, no farmers' mutual fire insurance company shall be issued a certificate of authority unless it shall possess and thereafter maintain a minimum of $150,000.00 in surplus. (b) Minimum surplus of up to $150,000.00 shall be maintained in any of the following: (1) Cash; (2) Certificates of deposit or similar certificates or evidence of deposits in banks or trust companies but only to the extent that the certificates or deposits are insured by the Federal Deposit Insurance Corporation; or (3) Savings accounts, certificates of deposit, or similar certificates or evidence of deposit in savings and loan associations and building and loan associations but only to the extent that the same are insured by the Federal Savings and Loan Insurance Corporation. (c) A portion of the minimum surplus, in an amount determined by the Commissioner, must be deposited with this state prior to the issuance of the certificate of authority. Chapter 12 of this title shall apply to the deposit required by this subsection. (d) Any additional surplus in excess of $150,000.00 required by the Commissioner pursuant to subsection (a) of this Code section may be provided and maintained in any of the following: (1) Any eligible investments of minimum capital or surplus authorized by Code Section 33-11-5; or (2) Any other investments approved by the Commissioner that do not impair the financial solvency of the farmers' mutual fire insurance company. 33-16-14. (a) The maximum amount of insurance that a farmers' mutual fire insurance company may retain on any subject or subjects of insurance reasonably exposed to loss from the same fire shall not exceed the amount prescribed in the following schedule: 10 percent of its surplus. Amount of Insurance in Force Maximum Risk $ 100,000 but less than $ 250,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,000 THURSDAY, MARCH 29, 2012 4615 250,000 but less than 400,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000 400,000 but less than 600,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000 600,000 but less than 900,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5,000 900,000 but less than 1,200,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6,000 1,200,000 but less than 1,500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7,500 1,500,000 but less than 2,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10,000 2,000,000 but less than 2,500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12,500 2,500,000 but less than 3,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15,000 3,000,000 but less than 3,500,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17,500 3,500,000 but less than 7,000,000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35,000 7,000,000 and over . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,000 (b) The classification of all risks in the above schedule and the percentage given in each shall be uniformly fixed and governed by the bylaws of the insurer. (c) In determining the amount at risk and retained by the insurer, any valid and applicable reinsurance authorized shall be deducted from the gross amount of risk directly assumed by the insurer. 33-16-15. A farmers' mutual fire insurance company shall not accept reinsurance of the risk of any other insurer. 33-16-16. No member of such insurer shall be liable to assessment to pay losses and expenses accruing prior to the time his policy became effective nor for losses and expenses accruing after termination or expiration of the policy. 33-16-17. Companies organized under this chapter may bring and defend actions in the name under which they are doing business. 33-16-18. Every farmers' mutual fire insurance company shall, on or before March 1 of each year, make and file with the Commissioner an annual statement of its business as of December 31 of the preceding year, on the form prescribed by the Commissioner. 4616 JOURNAL OF THE SENATE 33-16-19. The Commissioner shall at least once in five years, or as often as he or she deems necessary, examine farmers' mutual fire insurance companies. The costs of the examination shall be paid by the company. 33-16-20. Any company organized under this chapter shall be exempt from all taxes, costs, and fees, including those listed in Chapter 8 of this title, except as expressly provided in this chapter and except taxes payable upon real and personal property owned by the company. 33-16-21. In addition to this chapter, farmers' mutual fire insurance companies shall be subject to the following chapters of this title to the extent so applicable: Chapters 1, 2, 5, 6, 12, and 37, and Article 1 of Chapter 11 of this title. 33-16-22. Any company organized under this chapter may be converted into a mutual insurance company by complying with the applicable provisions of Chapter 14 of this title." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, as follows: "(a) Except as provided in subsection (b) of this Code section for credit insurance licenses, subsection (c) of this Code section for rental companies, and subsection (d) of this Code section for communications equipment portable electronics, the Commissioner may provide by rule or regulation for licenses which are limited in scope to specific lines or sublines of insurance." SECTION 3. Said title is further amended by revising subsection (d) of said Code Section 33-23-12, relating to limited licenses for insurance agents, agencies, subagents, counselors, and adjuster, as follows: "(d)(1) As used in this subsection, the term: (A) 'Customer' means a person who purchases portable electronics or services. (B) 'Enrolled customer' means a customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics. (C) 'Location' means any physical location in the State of Georgia or any website, call center site, or similar location directed to residents of the State of Georgia. (D) 'Portable electronics' 'communications equipment' means handsets, pagers, personal digital assistants, portable computers, automatic answering devices, cellular telephones, batteries, and other similar devices or and their accessories used to originate or receive communications signals or service for individual customer THURSDAY, MARCH 29, 2012 4617 use only and includes services related to the use of such devices, including, but not limited to, individual customer access to a wireless network. (E) 'Portable electronics insurance' means insurance providing coverage for the repair or replacement of portable electronics which may provide coverage for portable electronics against any one or more of the following causes of loss: loss, theft, inoperability due to mechanical failure, malfunction, damage, or other similar causes of loss. Such term shall not include a service contract or extended warranty providing coverage limited to the repair, replacement, or maintenance of property in cases of operational or structural failure due to a defect in materials, workmanship, accidental damage from handling power surges, or normal wear and tear. (F) 'Portable electronics transaction' means the sale or lease of portable electronics by a vendor to a customer or the sale of a service related to the use of portable electronics by a vendor to a customer. (G) 'Supervising entity' means a business entity that is a licensed insurer, or insurance producer that is authorized by licensed insurer, to supervise the administration of a portable electronics insurance program. (H) 'Vendor' means a person in the business of engaging in portable electronics transactions directly or indirectly. (2) The Commissioner commissioner may issue to a retail vendor of communications equipment portable electronics that has complied with the requirements of this subsection a limited license authorizing the limited licensee to offer or sell insurance policies covering only the loss, theft, mechanical failure, or malfunction of or damage to communications equipment portable electronics insurance policies. (3) A limited license issued under this subsection shall authorize any employee or authorized representative of the vendor to sell or offer coverage under a policy of portable electronics insurance to customers at each location where the vendor engages in portable electronics transactions. (4) The supervising entity shall maintain a registry of vendor locations that are authorized to sell or solicit portable electronics insurance coverage in this state. Upon request by the commissioner and with ten days notice to the supervising entity, the registry shall be open to inspection and examination by the commissioner during regular business hours of the supervising entity. (3)(5) The sale of such insurance policies shall be limited to sales in connection with the sale of or provision of service for communications equipment portable electronics by the retail vendor. (6) At every location where portable electronics insurance is offered to customers, brochures or other written materials shall be made available to a prospective customer which: (A) State that the enrollment by the customer in a portable electronics insurance program is not required in order to purchase or lease portable electronics or services; (B) Summarize the material terms of the insurance coverage, including: (i) The identity of the insurer; 4618 JOURNAL OF THE SENATE (ii) The identity of the supervising entity; (iii) The amount of any applicable deductible and how it is to be paid; (iv) Benefits of the coverage; and (v) Key terms and conditions of coverage such as whether portable electronics may be repaired or replaced with a similar make and model or with reconditioned or nonoriginal manufacturer parts or equipment; (C) Summarize the process for filing a claim, including a description of how to return portable electronics and the maximum fee applicable in the event the customer fails to comply with any equipment return requirements; and (D) State that an enrolled customer may cancel enrollment for coverage under a portable electronics insurance policy at any time and the person paying the premium shall receive a refund of any applicable unearned premium. (7) Portable electronics insurance may be offered on a month-to-month or other periodic basis as a group or master commercial inland marine policy issued to a vendor of portable electronics for its enrolled customers. Coverage under portable electronics insurance shall be primary to any other insurance. (8) Eligibility and underwriting standards for customers electing to enroll in coverage shall be established for each portable electronics insurance program. (9) Notwithstanding any other provision of law, employees or authorized representatives of a vendor of portable electronics shall not be compensated based primarily on the number of customers enrolled for portable electronics insurance coverage but may receive compensation for activities under the limited license which are incidental to their overall compensation. (10) The charges for portable electronics insurance coverage may be billed and collected by the vendor of portable electronics. Any charge to the enrolled customer for coverage that is not included in the cost associated with the purchase or lease of portable electronics or related services, shall be separately itemized on the enrolled customer's bill. If the portable electronics insurance coverage is included with the purchase or lease of portable electronics or related services, the vendor shall clearly and conspicuously disclose to the enrolled customer that the portable electronics insurance coverage is included with the portable electronics or related services. Vendors billing and collecting such charges shall not be required to maintain such funds in a segregated account, provided that the vendor is authorized by the insurer to hold such funds in an alternative manner and remits such amounts to the supervising entity within 60 days of receipt. All funds received by a vendor from an enrolled customer for the sale of portable electronics insurance shall be considered funds held in trust by the vendor in a fiduciary capacity for the benefit of the insurer. Vendors may receive compensation for billing and collection services. (4)(11) As a prerequisite for issuance of a limited license under this subsection, there shall be filed with the Commissioner an application for such limited license or licenses in a form and manner prescribed by the Commissioner. The application shall provide: (A) The name, residence address, and other information required by the THURSDAY, MARCH 29, 2012 4619 Commissioner of an employee or officer of the vendor that is designated by the applicant as the person responsible for the vendor's compliance with the requirements of this subsection; (B) If the vendor derives more than 50 percent of its revenue from the sale of portable electronics insurance, the information required by subparagraph (A) of this paragraph for all officers, directors, and shareholders of record having beneficial ownership of 10 percent or more of any class of securities registered under the federal securities law; and (C) The location of the applicant's home office. (12) The employees and authorized representatives of vendors may sell or offer portable electronics insurance to customers and shall not be subject to licensure as an insurance producer under this Code section, provided that the supervising entity supervises the administration of (5) Each retail vendor licensed pursuant to this subsection shall provide a training program in which employees and authorized representatives of such retail a vendor shall be trained by a licensed instructor and receive basic insurance instruction about the kind of coverage authorized in this subsection and offered for purchase by prospective purchasers of communications equipment or service. The training required by this subsection may be provided in electronic form. However, if provided in electronic form, the supervising entity shall implement a supplemental education program regarding the portable electronics insurance that is conducted and overseen by a licensed instructor. (6)(13) No prelicensing examination shall be required for issuance of such license. (14) If a vendor or its employee or authorized representative violates any provision of this subsection, the commissioner may impose any of the following penalties: (A) After notice and hearing, fines not to exceed $500.00 per violation or $5,000.00 in the aggregate for such conduct; (B) After notice and hearing, other penalties that the commissioner deems necessary and reasonable to carry out the purpose of this article, including: (i) Suspending the privilege of transacting portable electronics insurance pursuant to this subsection at specific business locations where violations have occurred; and (ii) Suspending or revoking the ability of individual employees or authorized representatives to act under the license; (15) Notwithstanding any other provision of law: (A) An insurer may terminate or otherwise change the terms and conditions of a policy of portable electronics insurance only upon providing the policyholder and enrolled customers with at least 60 days notice; (B) If the insurer changes the terms and conditions, then the insurer shall provide the vendor with a revised policy or endorsement and each enrolled customer with a revised certificate, endorsement, updated brochure, or other evidence indicating a change in the terms and conditions has occurred and a summary of material changes; (C) Notwithstanding paragraph (15) of subsection (a) of this Code section, an 4620 JOURNAL OF THE SENATE insurer may terminate an enrolled customer's enrollment under a portable electronics insurance policy upon 15 days notice for discovery of fraud or material misrepresentation in obtaining coverage or in the presentation of a claim; (D) Notwithstanding paragraph (15) of subsection (a) of this Code section, an insurer may immediately terminate an enrolled customer's enrollment under a portable electronics insurance policy: (i) For nonpayment of premium; (ii) If the enrolled customer ceases to have an active service with the vendor of portable electronics; or (iii) If the enrolled customer exhausts the aggregate limit of liability, if any, under the terms of the portable electronics insurance policy and the insurer sends notice of termination to the enrolled customer within 30 calendar days after exhaustion of the limit. However, if notice is not timely sent, enrollment shall continue notwithstanding the aggregate limit of liability until the insurer sends notice of termination to the enrolled customer; and (E) Where a portable electronics insurance policy is terminated by a policyholder, the vendor shall mail or deliver written notice to each enrolled customer advising the enrolled customer of the termination of the policy and the effective date of termination. The written notice shall be mailed or delivered to the enrolled customer at least 30 days prior to the termination. (16) Whenever notice or correspondence with respect to a policy of portable electronics insurance is required pursuant to this subsection or is otherwise required by law, it shall be in writing and sent within the notice period, if any, specified within the statute or regulation requiring the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence may be sent either by mail or by electronic means as set forth in this subparagraph. If the notice or correspondence is mailed, it shall be sent to the vendor of portable electronics at the vendor's mailing address specified for such purpose and to its affected enrolled customers' last known mailing addresses on file with the insurer. The insurer or vendor of portable electronics, as the case may be, shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service. If the notice or correspondence is sent by electronic means, it shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for such purpose and to its affected enrolled customers' last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics, as the case may be. For purposes of this paragraph, an enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics, as the case may be, shall be deemed as consent to receive notices and correspondence by electronic means. The insurer or vendor of portable electronics, as the case may be, shall maintain proof that the notice or correspondence was sent. (17) Notice or correspondence required by this subsection or otherwise required by law may be sent on behalf of an insurer or vendor, as the case may be, by the supervising entity appointed by the insurer." THURSDAY, MARCH 29, 2012 4621 SECTION 4. Said title is further amended by adding a new paragraph to subsection (a) of Code Section 33-23-1, relating to definitions, as follows: "(3.1) 'Automated claims adjudication system' means a preprogrammed computer system designed for the collection, data entry, calculation, and final resolution of property insurance claims used only for portable electronics as defined in paragraph (1) of subsection (d) of Code Section 33-23-12 which: (A) May only be utilized by a licensed independent adjuster, licensed agent, or supervised individuals operating pursuant to this paragraph; (B) Shall comply with all claims payment requirements of the Georgia Insurance Code; and (C) Shall be certified as compliant with this Code section by a licensed independent adjuster that is an officer of a business entity licensed under this chapter." SECTION 5. Said title is further amended by revising paragraph (7) of subsection (a) of Code Section 33-23-1, relating to definitions, as follows: "(7) 'Home state' means Canada, the District of Columbia, and any state or territory of the United States in which an insurance producer or adjuster maintains his or her principal place of residence or principal place of business and is licensed to act as an insurance producer or adjuster." SECTION 6. Said title is further amended by deleting "or" at the end of paragraph (6) of subsection (b) of Code Section 33-23-1, relating to definitions; by deleting the period at the end of paragraph (7) of such subsection and inserting "; or"; and by adding a new paragraph at the end of such subsection to read as follows: "(8) An individual who collects claim information from, or furnishes claim information to, insureds or claimants, who conducts data entry, and who enters data into an automated claims adjudication system, provided that the individual is an employee of a licensed independent adjuster or its affiliate where no more than 25 such persons are under the supervision of one licensed independent adjustor or licensed agent." SECTION 7. Said title is further amended by adding a new subsection to Code Section 33-23-5, relating to the qualifications and requirements for a license, to read as follows: "(d) Notwithstanding paragraph (1) of subsection (a) of this Code section, no resident of Canada may be licensed as an independent adjuster pursuant to this Code section or designate Georgia as his or her home state unless such person has successfully passed the adjuster examination and has complied with other applicable portions of this Code section." 4622 JOURNAL OF THE SENATE SECTION 8. Said title is further amended by revising subsection (h) of Code Section 33-23-16, relating to licensing of nonresidents, as follows: "(h) Applicants whose home state does not require a license to transact business may be licensed in this state, provided that the applicant takes the examination issued by the Commissioner where required pursuant to this chapter and the applicant submits written documentation from his or her resident state demonstrating the lack of licensing requirement and the state's reciprocity with residents from this state. If the resident state does not license independent adjusters, the independent adjuster shall designate as his or her home state any state in which the independent adjuster is licensed and in good standing." SECTION 9. Said title is further amended by adding a new subsection to Code Section 33-23-29, relating to nonresident adjusters, to read as follows: "(f) No resident of Canada may be licensed as a nonresident independent adjuster unless such person has obtained a resident or home state independent adjuster license." SECTION 10. All laws and parts of laws in conflict with this Act are repealed. Senator Bethel of the 54th moved that the Senate adopt the Conference Committee Report on SB 203. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Fort Y Ginn Y Goggans Y Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon Y Millar Orrock Paris Y Ramsey Y Rogers Seay Y Shafer Sims Y Staton Y Stone Y Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman THURSDAY, MARCH 29, 2012 4623 Y Golden Y Gooch Y Grant Y Miller Y Mullis Y Murphy Y Wilkinson Williams On the motion, the yeas were 43, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 203. The following bill was taken up to consider House action thereto: HB 905. By Representatives Setzler of the 35th, Golick of the 34th, Cooper of the 41st, Dollar of the 45th, Teasley of the 38th and others: A BILL to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 905, as amended and adopted by the Senate, by replacing line 1 through the last line with the following: To amend an Act creating the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), so as to reconstitute the board of commissioners; to change the description of the commissioner districts; to provide for definitions and inclusions; to provide for continuation in office of current members; to provide for election and terms of office of subsequent members; to provide for submission of this Act for preclearance under the federal Voting Rights Act of 1965, as amended; to provide 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 the Board of Commissioners of Cobb County, approved June 19, 1964 (Ga. L. 1964, Ex. Sess., p. 2075), as amended, particularly by an Act approved May 30, 2003 (Ga. L. 2003, p. 3808), is amended by revising Sections 1 through 4 as follows: 4624 JOURNAL OF THE SENATE "SECTION 1. The Board of Commissioners of Cobb County which exists on January 1, 2013, is continued in existence but on and after such date, shall be constituted as provided in this Act. The Board of Commissioners of Cobb County so continued and constituted, sometimes referred to in this Act as the 'board,' shall continue to have the powers, duties, rights, obligations, and liabilities of that board as it existed immediately prior to January 1, 2013. SECTION 2. (a) Those members of the Board of Commissioners of Cobb County who are serving as such immediately prior to January 1, 2013, and any persons selected to fill a vacancy in any such office shall continue to serve as such until the regular expiration of their respective terms of office and upon the election and qualification of their respective successors. On and after January 1, 2013, the Board of Commissioners of Cobb County shall consist of five members who shall be elected from commissioner districts described in subsection (b) of this section except for the chairperson who is elected at large as provided in Section 3. (b) For purposes of electing members of the board of commissioners, other than the chairperson, Cobb County is divided into four commissioner districts. One member of the board shall be elected from each such district. The four commissioner districts shall be and correspond to those four numbered districts described in and attached to and made a part of this Act and further identified as 'Plan: cobbcc-sd021-p1-2012 Plan Type: Loca1 Administrator: cobbcc User: bak'. (c)(1) For the purposes of such plan: (A) The term 'VTD' shall mean and describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia. The separate numeric designations in a district description which are underneath a VTD heading shall mean and describe individual Blocks within a VTD as provided in the report of the Bureau of the Census for the United States decennial census of 2010 for the State of Georgia; and (B) Except as otherwise provided in the description of any district, whenever the description of any district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 2010 for the State of Georgia. (2) Any part of Cobb County which is not included in any district described in subsection (b) of this section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. (3) Any part of Cobb County which is described in subsection (b) of this section as being included in a particular district shall nevertheless not be included within such district if such part is not contiguous to such district. Such noncontiguous part shall instead be included within that district contiguous to such part which contains the least population according to the United States decennial census of 2010 for the State of Georgia. THURSDAY, MARCH 29, 2012 4625 SECTION 3. (a) No person shall be a member of the board if that person is ineligible for such office pursuant to Code Section 45-2-1 of the O.C.G.A. or any other general law applicable to that office. (b) In order to be elected as a member of the board from a commissioner district, a person must receive the number of votes cast as required by general law for that office in that district only. Only electors who are residents of that commissioner district may vote for a member of the board for that district. At the time of qualifying for election as a member of the board from a commissioner district, each candidate for such office shall specify the commissioner district for which that person is a candidate. A person elected or appointed as a member of the board from a commissioner district must continue to reside in that district during that person's term of office or that office shall become vacant. (c) The chairperson of the board may reside anywhere within Cobb County and, if elected, must receive the number of votes cast for that office as required by general law in the entire county. The chairperson must continue to reside within the county during that person's term of office or that office shall become vacant. SECTION 4. (a) The first members of the reconstituted Board of Commissioners of Cobb County shall be elected as provided in this subsection. The chairperson and the first members from Commissioner Districts 2 and 4 shall be elected at the general election on the Tuesday next following the first Monday in November, 2012. The chairperson and those members of the board elected thereto from Commissioner Districts 2 and 4 in November, 2012, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2016, and upon the election and qualification of their respective successors. The first members from Commissioner Districts 1 and 3 shall be elected at the general election on the Tuesday next following the first Monday in November, 2014. Those members of the board elected thereto from Commissioner Districts 1 and 3 in November, 2014, shall take office the first day of January immediately following that election and shall serve for initial terms of office which expire December 31, 2018, and upon the election and qualification of their respective successors. Those and all future successors to members of the board whose terms of office are to expire shall be elected at the time of the statewide general election immediately preceding the expiration of such terms, shall take office the first day of January immediately following that election, and shall serve for terms of office of four years each. Members of the board shall serve for the terms of office specified in this subsection and until their respective successors are elected and qualified. (b) All members of the board who are elected thereto shall be nominated and elected in accordance with Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code.' (c) Commissioner Districts 1 through 4, as they exist immediately prior to January 1, 2013, shall continue to be designated as Commissioner Districts 1 through 4, 4626 JOURNAL OF THE SENATE respectively, but as newly described under this Act, and on and after January 1, 2013, members of the board serving from those former commissioner districts shall be deemed to be serving from and representing their respective districts as newly described under this section." SECTION 2. The Board of Commissioners of Cobb County shall through its legal counsel cause this Act to be submitted for preclearance under the federal Voting Rights Act of 1965, as amended, not later than 45 days after the date on which this Act is approved by the Governor or otherwise becomes law without such approval. SECTION 3. This section and Section 2 of this Act and those provisions of this Act necessary for the election of members of the Board of Commissioners of Cobb County in 2012 shall become effective upon the approval of this Act by the Governor or upon its becoming law without such approval. The remaining provisions of this Act shall become effective January 1, 2013. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Plan: cobbcc-sd021-p1-2012 Plan Type: Local Administrator: cobbcc User: bak District 001 Cobb County VTD: 067AC1A - ACWORTH 1A 030101: 2057 2058 2059 3017 3018 3019 3020 3021 3027 3028 3029 3030 3031 4000 4001 4002 4003 4004 4005 4008 4010 4013 4015 4016 030214: 2001 2002 2004 2005 2007 2011 2012 2013 2015 2016 VTD: 067AC1B - ACWORTH 1B 030101: 2001 2003 2004 2010 2022 2023 2024 2025 2026 2027 2033 2035 2037 2039 2040 2041 2042 2043 2044 2045 VTD: 067BG01 - BIG SHANTY 01 030228: 2026 2027 2040 030229: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1012 1015 1016 1018 1019 1020 1022 1023 1024 1025 1026 1027 1028 1029 1030 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 THURSDAY, MARCH 29, 2012 1047 1050 1051 1053 030230: 1041 1044 1050 1051 1052 1053 1054 1055 1056 1070 1071 1072 1073 1074 1075 1076 1086 1091 1092 1093 2000 2003 2004 2005 2015 2017 2021 2022 2023 2029 030601: 1034 1035 3000 3001 3002 3003 3004 3005 3006 3010 3012 3089 VTD: 067CA01 - CHATTAHOOCHEE 01 030344: 2001 2002 2003 2007 2009 2010 2011 030345: 1013 1014 1020 1060 VTD: 067CH02 - CHEATHAM HILL 02 VTD: 067CH03 - CHEATHAM HILL 03 VTD: 067DI01 - DOBBINS 01 030344: 2004 2005 2008 2012 2013 2014 2017 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 030345: 1018 1035 1046 1047 030412: 2007 2009 2011 2012 3001 3002 3004 3007 3008 3009 3011 3012 3013 3015 3016 3017 3018 3019 030414: 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1024 1027 1029 1030 2005 2009 2017 2018 2020 2021 2022 2027 2029 2030 2031 2032 2058 2059 2060 2061 2062 2063 030800: 2045 2046 2049 2057 3041 3043 3044 3046 3047 3048 3049 3052 031001: 2001 2002 2003 2005 2006 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053 2054 2055 2057 2058 2059 2060 2061 2062 2063 2064 2065 2077 2078 2087 2089 2098 2099 2100 2101 031108: 1000 1001 1002 1004 1007 1009 1012 1013 1015 1021 1024 1029 1033 1035 1036 1038 1039 1041 1043 1047 1050 2002 3008 3009 3013 3015 3025 3030 3032 3033 3034 3036 4005 4006 4011 4014 4015 4018 4019 4023 031113: 1005 1015 1016 031114: 2002 2005 4627 4628 JOURNAL OF THE SENATE VTD: 067DL01 - DOWELL 01 VTD: 067DU01 - DURHAM 01 VTD: 067EL01 - ELIZABETH 01 030506: 1088 1090 1091 1093 1094 1095 1096 1098 1102 1103 1107 1123 1125 1126 1127 1128 1129 1131 1132 030601: 1029 1030 1032 1033 1040 3007 3008 3009 3011 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3037 3041 3049 3050 3051 3052 3053 3054 3055 3056 3057 3063 3064 3065 3066 3067 3068 3069 3070 3072 3073 3077 3079 3082 3083 3085 3086 3088 3090 030602: 1000 1011 1014 2000 2001 2004 2005 2006 2007 2008 2009 2010 2011 2013 2028 2066 3001 3002 3003 3004 3005 3011 VTD: 067FO05 - FAIR OAKS 05 030902: 2026 2027 2028 2029 2034 031001: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1033 1035 VTD: 067FO06 - FAIR OAKS 06 030800: 3040 3045 030901: 1009 2002 2012 2014 2017 4015 4021 5001 5003 5005 5006 5017 5021 5022 5024 5025 5026 5031 5032 5033 5036 5037 5038 5040 030902: 1035 1036 1037 2000 2001 2002 2004 2005 2006 2008 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2030 2031 2032 2035 2037 2038 030904: 1010 1012 1013 1014 1015 1018 1020 1022 2003 2005 2009 2012 2014 2015 2020 2023 2024 2025 2026 2027 2028 2030 3005 3006 3012 3013 3015 3016 3017 3018 3019 4007 4009 4011 4012 030905: 1000 1001 1006 2000 2001 031002: 1000 1001 1002 1003 1004 1005 1006 1012 1013 4000 4002 4004 4010 4011 VTD: 067FR01 - FORD 01 VTD: 067FY01 - FREY 01 VTD: 067HR01 - HARRISON 01 VTD: 067HY01 - HAYES 01 THURSDAY, MARCH 29, 2012 VTD: 067KE2A - KENNESAW 2A 030229: 1031 1032 1033 1035 1036 1048 1049 1052 030230: 1001 1007 1008 1009 1010 1011 1012 1013 1014 1016 1017 1020 1021 1022 1023 1024 1025 1039 1040 1042 1043 1045 1046 1047 1048 1049 1057 1058 1059 1060 1062 1063 1065 1066 1067 1068 1069 1079 1082 1083 1085 1098 2001 2002 2006 2007 2008 2009 2010 2011 2012 2013 2016 2018 2019 2020 2025 2027 VTD: 067KE2B - KENNESAW 2B 030214: 3000 3002 3009 3024 3025 030215: 1000 1004 1006 1007 1010 1011 1012 1014 1020 1021 1022 1024 1027 2000 2004 2009 2010 2011 2012 2014 2015 2016 2017 2018 2019 2027 2029 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 4000 4001 4002 4003 4004 4005 4007 4008 4009 4010 4011 4012 4013 4014 4019 4020 4021 4022 4023 4025 4026 4027 4031 4032 4034 4035 4039 4041 4042 030230: 1000 1002 1003 1006 1034 1036 1037 1038 1089 1090 VTD: 067KE5A - KENNESAW 5A 030215: 2001 2002 2003 VTD: 067KP01 - KEMP 01 VTD: 067KP02 - KEMP 02 VTD: 067KP03 - KEMP 03 VTD: 067LM01 - LOST MOUNTAIN 01 VTD: 067LM02 - LOST MOUNTAIN 02 VTD: 067LM03 - LOST MOUNTAIN 03 VTD: 067LM04 - LOST MOUNTAIN 04 VTD: 067LW01 - LEWIS 01 VTD: 067ML01 - MCCLURE 01 VTD: 067MR1A - MARIETTA 1A 030344: 2006 2015 2016 2018 2019 2032 2033 030345: 1007 1015 1016 1017 1019 1021 1043 1044 1045 030414: 1001 1002 1025 1026 1028 2001 2002 2003 2004 2008 2011 2012 2023 2033 2034 2038 2039 2045 2050 2051 2052 2053 2054 2055 2056 2057 2065 030800: 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1027 1028 4629 4630 JOURNAL OF THE SENATE 1029 1030 1031 1032 1033 1034 2020 2021 2023 2026 2032 2033 2034 2035 2039 2040 2041 2042 2043 2044 2047 2048 2050 2051 2052 2053 2054 3000 3001 3011 3012 3018 3019 3023 3025 3028 3029 3030 3042 3050 3051 031001: 2000 2004 2007 2026 2079 2080 2083 2084 2085 2086 2088 2090 2091 2092 2093 2094 2095 2096 2097 031113: 1000 1001 1002 1003 1004 1006 1007 1008 1009 1010 1011 1012 1013 1014 031114: 2000 2001 2009 VTD: 067MR2A - MARIETTA 2A VTD: 067MR2B - MARIETTA 2B 030904: 2031 3000 3001 3002 3003 3004 3007 3008 3009 3010 3011 3014 4000 4001 4002 4003 4008 4013 4014 4015 4021 4022 4023 030905: 1002 1003 1005 031002: 4001 4003 VTD: 067MR2C - MARIETTA 2C VTD: 067MR3A - MARIETTA 3A VTD: 067MR4B - MARIETTA 4B 030230: 1080 2037 2038 2044 2045 2046 2047 2048 2049 2050 2055 2056 2057 2059 2063 2064 2065 2069 2071 2072 2073 030506: 1124 1130 1133 030601: 1039 3036 3038 3039 3040 3042 3043 3044 3045 3046 3047 3048 3059 3060 3061 3062 3071 3076 3078 3080 3081 3084 3087 030602: 1019 1028 1030 1044 1045 1046 030700: 1006 1007 1008 1014 1015 1016 1017 1018 1034 2000 2001 2002 2003 2004 2005 VTD: 067MR4C - MARIETTA 4C VTD: 067MR4E - MARIETTA 4E VTD: 067MR5A - MARIETTA 5A VTD: 067MR5B - MARIETTA 5B 030502: 2042 2043 2044 2045 2046 2056 2057 2058 030504: 3000 3001 3002 3003 3004 3005 3008 3009 030506: THURSDAY, MARCH 29, 2012 1089 1092 1097 1099 1100 1101 1104 1105 1106 1108 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1134 1135 1136 1137 1138 1139 030602: 2012 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2029 2030 2031 2032 2033 2034 2035 2036 2038 2039 2044 2045 2046 2047 3012 3013 3014 3015 3016 3017 030700: 1000 1001 1002 1003 1004 1005 1009 1010 1011 1012 1013 1019 1020 1021 1022 1023 1027 1028 1029 1030 1031 1032 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 3000 3001 4005 VTD: 067MR6A - MARIETTA 6A 030411: 1000 2008 2011 2013 2014 2015 2016 2017 2018 2019 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 VTD: 067MR6C - MARIETTA 6C 030505: 4009 4010 4011 4012 4013 4014 4016 4017 4018 4019 4020 4028 4029 4030 4031 4032 030700: 4003 4013 4014 4031 4032 VTD: 067MR7A - MARIETTA 7A 030411: 1001 1002 1003 1004 1005 1006 1007 1008 1009 2000 2001 2002 2004 2005 2006 2007 2009 2010 2012 030412: 1000 1001 1002 1003 1004 1005 2000 2001 2002 2003 2004 2005 2006 2008 2010 2013 2014 2015 2016 2017 2018 2019 3000 3003 3005 3006 3010 3014 3020 3021 4000 4001 4002 4003 030414: 2006 2007 2010 2013 2014 2015 2016 2019 2024 2025 2026 2028 2035 2036 2037 2040 2041 2042 2043 2044 2046 2047 2048 2049 2064 030800: 1001 1002 1003 1026 1035 1036 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2022 2024 2025 2027 2028 2029 2030 2031 2036 2037 2038 2055 2056 VTD: 067MS01 - MARS HILL 01 VTD: 067MS02 - MARS HILL 02 030214: 2000 2003 2008 2009 2010 2014 2017 2018 2019 2020 2024 2025 2026 2027 2028 2029 2030 3001 3003 3004 3005 3006 3007 3008 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3026 3027 3028 3029 4631 4632 JOURNAL OF THE SENATE 030215: 2006 2007 2008 2028 VTD: 067OR01 - OREGON 01 VTD: 067OR03 - OREGON 03 030904: 4004 4005 4006 4010 4016 4017 4018 4019 4020 030905: 1004 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 2002 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 VTD: 067OR05 - OREGON 05 VTD: 067PM01 - PINE MOUNTAIN 01 VTD: 067PM02 - PINE MOUNTAIN 02 030229: 1034 030230: 1015 1018 1019 1061 1064 1081 1084 1087 1088 1094 1095 1096 1097 1099 2014 2024 2026 2028 2030 2031 2032 2033 2034 2035 2036 2039 2040 2041 2042 2043 2051 2052 2053 2060 2061 2062 2066 2067 2068 030231: 4000 4001 4003 4004 4006 4007 4008 4009 4010 4011 030602: 1001 1004 1006 1007 VTD: 067RR01 - RED ROCK 01 VTD: 067SN2B - SMYRNA 2B VTD: 067SN3A - SMYRNA 3A 031001: 2081 2082 031108: 1003 1005 1006 1008 1014 1016 1022 1023 1025 1026 1027 1030 1032 1034 1037 1040 1042 1044 1045 1046 1048 1049 2000 2001 2003 2004 2005 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2022 2023 2024 2025 3026 3027 3028 3029 4000 4001 4002 4003 4007 4009 4010 4012 4013 4016 4017 4020 4021 4022 4024 VTD: 067VA01 - VAUGHAN 01 District 002 Cobb County VTD: 067BY01 - BRUMBY 01 VTD: 067CA01 - CHATTAHOOCHEE 01 030339: 1000 1001 1017 1018 1038 1039 1042 2001 2002 2003 2004 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 THURSDAY, MARCH 29, 2012 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030344: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 2000 3000 3001 3002 3003 3004 3005 3006 030345: 1000 1012 1052 2000 2001 2002 2003 2004 2005 2006 2007 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 3033 3034 3035 3036 3037 3038 3039 3040 3041 3042 3043 3044 3045 3046 3047 3048 3049 3050 3051 VTD: 067CR01 - CHESTNUT RIDGE VTD: 067DC01 - DICKERSON 01 VTD: 067DI01 - DOBBINS 01 030339: 1003 030345: 1001 1002 1003 1004 1005 1006 1008 1009 1010 1011 1022 1023 1024 1025 1037 1042 1048 1049 1050 1051 1053 1054 1055 1056 1057 1058 1059 1061 1066 030413: 1017 1018 030414: 1022 1023 031207: 1000 031208: 1001 1002 1015 1023 VTD: 067DO01 - DODGEN 01 VTD: 067EA01 - EASTSIDE 01 VTD: 067EL04 - ELIZABETH 04 030504: 1002 1003 1004 1009 1010 1012 1013 1014 1015 1016 1017 1018 1019 1022 1024 1025 1026 1027 1030 1031 1032 1035 1036 4000 4001 4002 4003 4004 VTD: 067EL06 - ELIZABETH 06 VTD: 067EV01 - EAST VALLEY 01 VTD: 067FP01 - FULLERS PARK 01 VTD: 067LI01 - LINDLEY 01 031205: 1025 1026 1027 1028 1029 1030 1046 1047 1048 1052 1053 1054 031206: 1092 1097 1098 2012 2013 031313: 4633 4634 JOURNAL OF THE SENATE 1020 1024 1031 1033 1037 1038 2000 2001 2002 2003 2004 2074 2075 2076 2077 2078 2079 VTD: 067MA03 - MABLETON 03 031307: 1018 031313: 1016 1025 1026 1029 1030 VTD: 067MA04 - MABLETON 04 031206: 1056 1082 031307: 1000 1003 1006 3005 3007 3008 3009 3010 3011 3012 3033 3037 3040 3044 3046 3048 3049 3050 3051 3052 3053 3054 3055 3057 3058 VTD: 067MD01 - MURDOCK 01 VTD: 067MR1A - MARIETTA 1A 030405: 1033 1035 1036 1038 1039 1040 1041 1042 1043 1048 1049 1050 1051 1052 1054 1055 1056 1057 1058 1059 1060 2010 2013 2014 2015 2016 2017 2018 2019 2027 2028 2033 2035 3006 3007 3008 3010 3017 3018 3019 3020 3024 3025 3028 3031 3033 3034 3037 3038 3039 3044 3047 3048 030413: 1000 1001 1003 1004 1005 1006 1009 1010 1015 2000 2001 2002 2003 2005 2007 2016 3001 3008 3009 3010 3011 3031 030414: 1000 2000 VTD: 067MR6A - MARIETTA 6A 030405: 1000 1001 1003 1004 1005 1006 1007 1008 1009 1013 1014 1022 1023 1024 1027 1029 1030 1037 1053 4000 4047 030407: 2001 2003 2010 VTD: 067MR6B - MARIETTA 6B 030504: 1023 1028 1029 1033 1034 1037 1038 2036 030505: 1024 1025 1026 1027 2031 2033 4021 VTD: 067MR6C - MARIETTA 6C 030410: 1010 1012 1014 1015 1016 1023 1025 1026 2017 2018 2019 2020 2023 2024 2025 2026 2027 2028 2029 2030 2031 030504: 2010 2011 2021 2022 2026 2027 2028 2029 2030 2031 2032 2035 2037 030505: THURSDAY, MARCH 29, 2012 1002 1005 1009 1010 1012 1013 1015 1016 1017 1018 1019 1021 1022 1023 2000 2001 2002 2003 2004 2005 2006 2012 2013 2021 3020 3022 3023 3027 3028 3029 3030 3032 3033 VTD: 067MR7A - MARIETTA 7A 030405: 4001 4002 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4018 4021 4023 4031 4032 4033 4034 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4048 4049 030410: 1027 1028 1030 1032 1034 1035 1037 1039 1040 1045 1046 030505: 2008 2009 2014 2015 2017 2018 2019 2020 2022 2032 4022 4035 4036 VTD: 067MT01 - MT BETHEL 01 VTD: 067MT02 - MT BETHEL 02 VTD: 067MT03 - MT BETHEL 03 VTD: 067MT04 - MT BETHEL 04 VTD: 067NJ01 - NICKAJACK 01 VTD: 067NP01 - NORTON PARK 01 VTD: 067OK01 - OAKDALE 01 VTD: 067PF01 - POWERS FERRY 01 VTD: 067RW01 - ROSWELL 01 VTD: 067RW02 - ROSWELL 02 VTD: 067SM01 - SEWELL MILL 01 VTD: 067SM03 - SEWELL MILL 03 VTD: 067SM04 - SEWELL MILL 04 VTD: 067SM05 - SEWELL MILL 05 VTD: 067SN1A - SMYRNA 1A VTD: 067SN2A - SMYRNA 2A VTD: 067SN3A - SMYRNA 3A 031110: 1000 1001 1002 1003 1004 1010 1011 1012 1013 1014 1015 1019 1020 1021 031111: 1025 2001 2008 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 VTD: 067SN4A - SMYRNA 4A VTD: 067SN6A - SMYRNA 6A VTD: 067SN7A - SMYRNA 7A VTD: 067SN7B - SMYRNA 7B 031118: 2008 2009 2010 2025 2026 031206: 1022 1023 1030 1031 1032 1033 1034 1035 1039 1041 1042 1043 1045 1051 1053 1054 1055 1057 1058 1059 1060 1061 1062 1063 1064 1066 1067 1069 1070 1071 1072 1073 1076 1077 1078 1079 4635 4636 JOURNAL OF THE SENATE 1081 1083 1084 1085 1086 1087 1088 1089 1090 1091 1093 1094 1095 1096 2005 2006 2007 2008 2009 2010 2011 2015 3043 3046 3047 3048 3054 3055 3058 3061 3064 3065 3066 3067 3074 3077 3085 3086 3087 3088 3089 3091 3092 3100 3101 031307: 1001 1002 1004 1005 1007 1008 1009 1011 1013 1014 1015 1016 1017 1022 1026 3035 3036 3038 3039 3041 3042 3043 3045 3047 3056 3059 031313: 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1017 1018 1019 1021 1022 1023 1027 1034 2005 VTD: 067SN7C - SMYRNA 7C VTD: 067SO01 - SOPE CREEK 01 VTD: 067SO02 - SOPE CREEK 02 VTD: 067SO03 - SOPE CREEK 03 VTD: 067SP01 - SEDALIA PARK 01 VTD: 067TM01 - TERRELL MILL 01 VTD: 067TR01 - TIMBER RIDGE 01 VTD: 067TS01 - TEASLEY 01 VTD: 067VG01 - VININGS 01 VTD: 067VG02 - VININGS 02 VTD: 067VG03 - VININGS 03 VTD: 067VG04 - VININGS 04 District 003 Cobb County VTD: 067AC1A - ACWORTH 1A 030103: 1001 1002 1003 1008 1015 1016 1017 1018 1019 1020 1021 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1036 1038 1040 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1055 1056 1057 1059 1060 1061 1062 2023 2041 2051 3000 3003 3004 3006 3008 3009 3010 3011 3012 3014 3016 3017 3019 3020 3022 3023 3024 3025 3026 3027 3031 3032 3033 3036 3038 3039 3040 3042 3044 3049 3051 3053 3057 030224: 1025 2011 2012 2013 2014 2016 2017 2018 2019 2021 VTD: 067AC1B - ACWORTH 1B 030101: 2028 2031 2032 2034 2061 030103: 1000 1004 1005 1006 1007 1009 1010 1011 1012 1013 1014 1022 1035 1037 1039 1041 2014 2015 2016 2021 2042 2043 2044 2048 2049 030104: THURSDAY, MARCH 29, 2012 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 2000 2002 2004 2005 2007 2008 2009 2010 2011 2012 2013 2015 2017 2018 2019 2020 2022 2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 030106: 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3026 3027 3028 3029 030107: 2014 2018 VTD: 067AC1C - ACWORTH 1C VTD: 067AD01 - ADDISON 01 VTD: 067BF01 - BELLS FERRY 01 VTD: 067BF02 - BELLS FERRY 02 VTD: 067BF03 - BELLS FERRY 03 VTD: 067BG01 - BIG SHANTY 01 030227: 3006 3018 3019 3020 3021 3022 3023 3052 3054 3057 3060 3062 3063 3064 3065 3067 3068 030228: 1007 1008 030229: 2000 2001 2002 2003 2004 2005 2007 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2024 2025 2027 2043 2044 2045 2046 2047 2048 2049 2050 2060 2065 2066 2067 2068 2072 2074 2075 2076 2077 2078 2079 2084 2092 2093 VTD: 067BG02 - BIG SHANTY 02 VTD: 067BK01 - BAKER 01 VTD: 067BW01 - BLACKWELL 01 VTD: 067CK01 - CHALKER 01 VTD: 067CK02 - CHALKER 02 VTD: 067DV01 - DAVIS 01 VTD: 067EC01 - EAST COBB 01 VTD: 067EL01 - ELIZABETH 01 030502: 2011 2019 2021 2023 2036 2037 2038 030506: 1027 1048 1049 1050 1055 1056 1058 1062 1064 1067 1068 1072 1073 1076 1077 1085 1087 1140 1141 1142 1143 1144 1146 1147 1149 030601: 1041 VTD: 067EL02 - ELIZABETH 02 VTD: 067EL03 - ELIZABETH 03 VTD: 067EL04 - ELIZABETH 04 030502: 4637 4638 JOURNAL OF THE SENATE 1027 1029 1033 1039 2015 2022 2024 2025 2027 2029 2030 2031 2033 2047 2048 2049 2050 2051 030504: 2004 2007 2009 2012 2013 2014 2015 2016 2017 2018 2019 2020 2034 2038 VTD: 067EL05 - ELIZABETH 05 VTD: 067EP01 - EAST PIEDMONT 01 VTD: 067GM01 - GARRISON MILL 01 VTD: 067GT01 - GRITTERS 01 VTD: 067HT01 - HIGHTOWER 01 VTD: 067KE1A - KENNESAW 1A VTD: 067KE2A - KENNESAW 2A 030227: 3037 3044 VTD: 067KE2B - KENNESAW 2B 030224: 2030 2031 2033 2034 030227: 3038 3039 3040 3045 3046 3047 3048 3049 VTD: 067KE3A - KENNESAW 3A VTD: 067KE4A - KENNESAW 4A VTD: 067KE5A - KENNESAW 5A 030103: 2050 030224: 1000 1002 1003 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1028 1031 2000 2001 2002 2003 2004 2005 2006 2007 2008 030226: 3011 3012 3013 3014 3015 3016 3017 VTD: 067KE5B - KENNESAW 5B VTD: 067KL01 - KELL 01 VTD: 067KY01 - KEHELEY 01 VTD: 067LA01 - LASSITER 01 VTD: 067MB01 - MABRY 01 VTD: 067MK01 - MCCLESKEY 01 VTD: 067MR4B - MARIETTA 4B 030601: 1018 1020 1021 1022 1023 1024 1025 1026 1027 1042 VTD: 067MR5B - MARIETTA 5B 030502: 2028 2032 2034 2040 2041 2052 2053 2054 030504: 2023 2024 2033 030506: 1002 1032 1033 1034 1036 1037 1038 1039 1041 1042 1043 1044 THURSDAY, MARCH 29, 2012 1046 1047 1051 1052 1053 1079 1080 1081 1082 1083 1084 1086 1109 1110 1111 1112 VTD: 067MR6B - MARIETTA 6B 030502: 1016 1019 1020 1021 1023 1024 1025 1028 1030 1031 1032 1037 1038 2001 2002 2005 2008 2010 030504: 1020 1021 2000 2001 2002 2003 2005 2006 2008 2025 030507: 1042 1044 1052 1053 1054 VTD: 067MR6C - MARIETTA 6C 030502: 2006 2009 2012 2014 2017 2020 2026 2035 2039 2055 030506: 1025 1026 1054 1057 1063 1069 1070 1071 1074 1075 1078 1145 1148 030507: 1059 1060 1061 1064 1065 1066 1067 1068 1070 1071 1073 1074 VTD: 067MS02 - MARS HILL 02 030103: 3056 VTD: 067NC01 - NORTH COBB 01 VTD: 067NS01 - NICHOLSON 01 VTD: 067PM02 - PINE MOUNTAIN 02 030227: 3043 VTD: 067PO01 - POST OAK 01 VTD: 067PP01 - POPE 01 VTD: 067PR01 - PALMER 01 VTD: 067PT01 - PITNER 01 VTD: 067RM01 - ROCKY MOUNT 01 VTD: 067RM02 - ROCKY MOUNT 02 VTD: 067SA01 - SANDY PLAINS 01 VTD: 067SF01 - SHALLOWFORD FALLS VTD: 067SI01 - SIMPSON 01 VTD: 067SY01 - SPRAYBERRY 01 VTD: 067TT01 - TRITT 01 VTD: 067WG01 - WADE GREEN 01 VTD: 067WG02 - WADE GREEN 02 VTD: 067WL01 - WILLEO 01 District 004 Cobb County VTD: 067AU1A - AUSTELL 1A VTD: 067BR01 - BIRNEY 01 VTD: 067BR02 - BIRNEY 02 4639 4640 JOURNAL OF THE SENATE VTD: 067BT01 - BRYANT 01 VTD: 067BT02 - BRYANT 02 VTD: 067CL01 - CLARKDALE 01 VTD: 067CL02 - CLARKDALE 02 VTD: 067CO01 - COOPER 01 VTD: 067FO01 - FAIR OAKS 01 VTD: 067FO02 - FAIR OAKS 02 VTD: 067FO03 - FAIR OAKS 03 VTD: 067FO04 - FAIR OAKS 04 VTD: 067FO05 - FAIR OAKS 05 031001: 1027 1028 1029 1030 1031 1032 1034 2066 2067 2068 2069 2070 2071 2072 2073 2074 2075 3000 3001 3002 3003 3004 3005 3006 3007 3008 3009 3010 3011 3012 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3024 3025 3028 031108: 1020 VTD: 067FO06 - FAIR OAKS 06 031002: 3000 VTD: 067HL01 - HARMONY-LELAND VTD: 067LI01 - LINDLEY 01 031313: 1032 1035 1036 1039 1040 1041 1042 1044 1045 1046 1047 1048 1049 1050 1051 1052 1053 1054 2006 2007 2008 2009 2010 2011 2013 2014 2015 2016 2017 2019 2020 2021 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 2038 2040 2041 2042 2043 2044 2045 2046 2047 2049 2050 2051 2052 2055 2056 2057 2060 2062 2064 2065 2066 2068 2069 2070 2071 2072 2081 2082 2083 2084 2085 2086 2087 VTD: 067MA01 - MABLETON 01 VTD: 067MA02 - MABLETON 02 VTD: 067MA03 - MABLETON 03 031307: 1010 1012 1019 1020 1021 1023 1024 1025 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 031313: 1028 1043 VTD: 067MA04 - MABLETON 04 031307: 3013 3014 3015 3016 3017 3018 3019 3020 3021 3022 3023 3024 3025 3026 3027 3028 3029 3030 3031 3032 THURSDAY, MARCH 29, 2012 4641 VTD: 067MC01 - MACLAND 01 VTD: 067MC02 - MACLAND 02 VTD: 067ME01 - MCEACHERN 01 VTD: 067MR2B - MARIETTA 2B 031002: 4007 4008 4009 VTD: 067NP02 - NORTON PARK 02 VTD: 067OR02 - OREGON 02 VTD: 067OR03 - OREGON 03 031002: 3003 3008 3009 3012 3014 4012 4013 4014 4015 VTD: 067OR04 - OREGON 04 VTD: 067OR06 - OREGON 06 VTD: 067PE01 - PEBBLEBROOK 01 VTD: 067PE02 - PEBBLEBROOK 02 VTD: 067PS1A - POWDER SPRINGS 1A VTD: 067PS2A - POWDER SPRINGS 2A VTD: 067PS3A - POWDER SPRINGS 3A VTD: 067RS01 - RIVERSIDE 01 VTD: 067SN3A - SMYRNA 3A 031101: 1019 1020 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 031108: 1010 1017 1018 1028 1031 2006 2021 VTD: 067SN5A - SMYRNA 5A VTD: 067SN7B - SMYRNA 7B 031313: 2012 2018 2022 2023 2039 2048 2053 2054 2058 2059 2061 2063 2067 2073 2080 2088 VTD: 067SW01 - SWEETWATER 01 VTD: 067SW02 - SWEETWATER 02 VTD: 067SW04 - SWEETWATER 04 VTD: 067SW05 - SWEETWATER 05 Senator Hill of the 32nd moved that the Senate agree to the House amendment to the Senate substitute to HB 905. Senator Thompson of the 33rd objected. On the motion, a roll call was taken and the vote was as follows: Y Albers Balfour Bethel Hamrick N Harbison Y Heath N Orrock N Paris N Ramsey 4642 JOURNAL OF THE SENATE N Bulloch N Butler Y Carter, B N Carter, J Chance Cowsert Y Crane N Crosby N Davenport N Davis Fort Y Ginn Goggans Golden Y Gooch Grant N Henson Hill, Jack Hill, Judson N Hooks N Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Mullis Murphy Y Rogers Seay Shafer N Sims Y Staton N Stone N Stoner N Tate N Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 19, nays 22; the motion lost, and the Senate did not agree to the House amendment to the Senate substitute to HB 905. The following bill was taken up to consider House action thereto: SB 293. By Senators Heath of the 31st, Rogers of the 21st, Tippins of the 37th, Hill of the 4th and Hill of the 32nd: A BILL to be entitled an Act to amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require the nation's motto, "In God We Trust," to be printed on license plates; to provide that purchasers of license plates may cover the motto with a county name decal; 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 committee substitute to SB 293 (LC 34 3374S) by replacing line 1 through line 214 with the following: To amend Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, so as to require that the nation's motto, "In God We Trust," be available on a decal for use on license plates; to provide for related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4643 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Chapter 2 of Title 40 of the Official Code of Georgia Annotated, relating to registration and licensing of motor vehicles, is amended by revising subsection (b) of Code Section 40-2-9, relating to the display of the "In God We Trust" decal, as follows: "(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 provide such decal free of charge to any person requesting such decal no more than the cost to the department for the manufacture and distribution of such decal it. Such decal may be displayed in the space reserved for the county name decal in lieu of the county name decal." SECTION 2. Said chapter is further amended by revising subsections (e) and (f) of Code Section 40-231, relating to the design of license plates and revalidation and county decals, and by adding a new subsection to read as follows: "(e) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the name of the agent's county. Such a decal shall be issued with each metal license plate and shall be affixed in the space provided on the license plate without obscuring any number or other information required to be present on the plate. A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' (f) A county tag agent shall issue a county name decal, upon request, for the agent's county only if: (1) The applicant is a resident of or a business located in the county named on the decal; (2) The applicant is registering a new vehicle in such county, is renewing a current vehicle registration, or is transferring registration of a vehicle to the county named on the decal; and (3) The application for registration of the vehicle is being made in the county named on the decal. (g) The commissioner shall furnish without cost to each tag agent reflective adhesive decals in sufficient number, upon which there shall be printed the nation's motto, 'In God We Trust.' A tag agent shall offer, upon such issuance of a new permanent license plate, the option of obtaining a county decal or a decal providing for the nation's motto, 'In God We Trust.' Such a decal shall be issued, upon request and free of charge, by a county tag agent with each new permanent license plate." SECTION 3. Said chapter is further amended by revising subsection (d) of Code Section 40-2-60.1, relating to the administrative procedure for issuing special license plates, as follows: 4644 JOURNAL OF THE SENATE "(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 benefitted 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 an amount to be determined by the commissioner. No two recipients shall receive identically numbered plates. Spaces for county name labels or other authorized labels, including the 'In God We Trust' label, are required for all special 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 under this chapter." SECTION 4. This Act shall become effective on July 1, 2012, and shall apply to license plates issued on or after such date. SECTION 5. All laws and parts of laws in conflict with this Act are repealed. Senator Heath of the 31st moved that the Senate agree to the House amendment to SB 293. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Y Davis N Fort Y Ginn Y Goggans Hamrick Y Harbison Y Heath Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar N Orrock Y Paris Y Ramsey Y Rogers N Seay Y Shafer N Sims Y Staton Stone Y Stoner N Tate Y Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman THURSDAY, MARCH 29, 2012 4645 Y Golden Y Gooch Y Grant Y Miller Mullis Y Murphy Y Wilkinson Williams On the motion, the yeas were 39, nays 8; the motion prevailed, and the Senate agreed to the House amendment to SB 293. The following bill was taken up to consider House action thereto: SB 416. By Senators Carter of the 1st, Bethel of the 54th and Golden of the 8th: A BILL to be entitled an Act to amend Chapter 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for standards consistent with the National Council of Prescription Drug Programs; to provide clinical workflow decision support of physician providers; to provide transmission security; 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 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, so as to authorize the Department of Insurance to develop exchange standards regarding electronic prior authorization drug requests with health care providers; to provide a definition; to provide that facsimiles are not electronic submissions; to provide for adoption of the National Council of Prescription Drug Programs standards; to provide clinical workflow decision support of physician providers; to provide transmission security; 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 64 of Title 33 of the Official Code of Georgia Annotated, relating to regulation and licensure of pharmacy benefits managers, is amended by adding a new Code section to read as follows: "33-64-8. (a) As used in this Code section, 'electronic prior authorization' or 'e-prior authorization' means a requirement that a prescriber obtain approval via electronic 4646 JOURNAL OF THE SENATE media from a health plan to prescribe a specific medication prior to dispensing. Facsimiles shall not be considered an electronic submission under this Code section except in the event that such electronic media is temporarily unavailable due to system failure or outage. (b) No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, the department shall under the direction of the Commissioner adopt standards by which the pharmacy benefits manager shall exchange standard e-prior authorization requests with health care providers for drugs and devices using electronic data interchange standards consistent with those adopted by the National Council of Prescription Drug Programs. Such standards shall support clinical workflow decision support of the physician provider. (c) No later than 24 months after the adoption of standards by the National Council of Prescription Drug Programs, e-prior authorization requests shall be accessible and submitted by providers to pharmacy benefits managers and health plans through secure electronic transmissions utilizing the current National Council of Prescription Drug Programs electronic prior authorization standard. (d) Nothing in this Code section shall require any health care provider to participate in e-prior authorization or electronic prior authorization in order to obtain the necessary authorization for patient care." SECTION 2. 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 416. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Davenport Y Davis Y Fort Y Ginn Y Goggans Hamrick Y Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares N Jones Y Ligon Loudermilk Y McKoon Y Millar Orrock Y Paris Y Ramsey Y Rogers N Seay Y Shafer Y Sims Y Staton Y Stone Stoner Y Tate Thompson, C Thompson, S Y Tippins Y Tolleson Y Unterman THURSDAY, MARCH 29, 2012 4647 Y Golden Y Gooch Y Grant Y Miller Y Mullis Y Murphy Y Wilkinson Y Williams On the motion, the yeas were 46, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 416. The following bill was taken up to consider House action thereto: HB 1114. By Representatives Setzler of the 35th, Golick of the 34th, Ramsey of the 72nd, Pak of the 102nd, Lindsey of the 54th and others: A BILL to be entitled an Act to amend Article 1 of Chapter 5 of Title 16 of the O.C.G.A., relating to homicide, so as to repeal certain provisions regarding offering to assist in the commission of a suicide; to prohibit assisted suicide; to provide for definitions; to provide for criminal penalties; to provide for certain exceptions; to provide for certain reporting requirements with respect to being convicted of assisting in a suicide; to amend Title 51 of the O.C.G.A., relating to torts, so as to provide for civil liability for wrongful death caused by assisted suicide; to provide for definitions; 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 Judiciary Committee substitute to HB 1114 (LC 29 5288S) by replacing lines 9 and 10 with the following: relating to torts, so as to provide for reporting requirements By replacing lines 29 through 47 with the following: (1) Pursuant to a patient's consent, any person prescribing, dispensing, or administering medications or medical procedures when such actions are calculated or intended to relieve or prevent such patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; (2) Pursuant to a patient's consent, any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration; (3) Any person prescribing, dispensing, or administering medications or medical procedures pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, or a consent pursuant to Code Section 29-4-18 or 31-9-2 when such actions are calculated or intended to relieve or prevent a patient's pain or discomfort but are not calculated or intended to cause such patient's death, even if the medication or medical procedure may have the effect of hastening or increasing the risk of death; 4648 JOURNAL OF THE SENATE (4) Any person discontinuing, withholding, or withdrawing medications, medical procedures, nourishment, or hydration pursuant to, without limitation, a living will, a durable power of attorney for health care, an advance directive for health care, a consent pursuant to Code Section 29-4-18 or 31-9-2, or a written order not to resuscitate; or By replacing "two new Code sections" with "a new Code section" on line 64. By deleting lines 66 through 69. Senator Ligon, Jr. of the 3rd moved that the Senate agree to the House amendment to the Senate substitute to HB 1114. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport Davis N Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock Y Paris Ramsey Y Rogers Y Seay Y Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C Thompson, S Y Tippins Y Tolleson Unterman Y Wilkinson Y Williams On the motion, the yeas were 38, nays 11; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 1114. The following resolution was read and adopted: SR 1372. By Senators Carter of the 42nd, Millar of the 40th, Tate of the 38th, Bethel of the 54th, Balfour of the 9th and others: A RESOLUTION recognizing and commending Senator George Hooks on his 32 years of outstanding service; and for other purposes. THURSDAY, MARCH 29, 2012 4649 The President recognized Senator George Hooks on his 32 years of outstanding service, commended by SR 1372. Senator George Hooks addressed the Senate briefly. The following bill was taken up to consider the Conference Committee Report thereto: SB 234. By Senator Rogers of the 21st: A BILL to be entitled an Act to amend Title 48 of the Official Code of Georgia Annotated, the "Georgia Public Revenue Code," so as to extensively revise provisions relating to ad valorem tax assessments and appeals from such assessments; to provide that no execution shall issue while an appeal is pending; to provide a procedure for taxpayers to notify tax officials of errors on their part and for correction of errors; to provide for a notice of excessive increase where a tax assessment is increased by more than a certain percentage; to provide for other 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 234 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to SB 234 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Rogers of the 21st /s/ Senator Heath of the 31st /s/ Senator Chance of the 16th /s/ Representative Willard of the 49th /s/ Representative Channell of the 116th /s/ Representative Knight of the 126th COMMITTEE OF CONFERENCE SUBSTITUTE TO SB 234: 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 relating to ad valorem taxation, assessment, and appeal; to change provisions relating to rate of interest on past due taxes; to change procedures for transfer of tax executions and enforcement of transferred executions; to eliminate the ability to transfer tax executions to third parties after the effective date of this Act; to change certain provisions relating to redemption by 4650 JOURNAL OF THE SENATE creditors without a lien; to require recording of notices of foreclosure of right to redeem; to extensively revise procedures for assessment appeals and arbitration; to provide for recovery of certain interest, costs, attorney's fees, and other amounts by taxpayers who appeal successfully under certain circumstances; to provide for mailings and payments on nontax related fees or assessments; to change certain provisions relating to joint county appraisal staffs and contracting for advice and assistance; to provide for members, powers, duties, and authority; to change certain provisions relating to ascertainment of taxable property and assessments and penalties against unreturned property; to change certain provisions relating to annual notice of current assessment; to change certain provisions relating to county boards of equalization and ad valorem tax appeals; to change certain provisions relating to county tax digests and deviations from certain assessment ratios; to change certain provisions relating to conditionally approving certain subsequent county tax digests; to change certain provisions relating to refunds of certain taxes and license fees by counties and municipalities; to provide for limitations on certain contracts to assess and collect municipal taxes and prepare tax digests; to change certain provisions relating to real estate transfer tax exemptions; to change certain provisions relating to real estate transfer tax payment as certain filing prerequisites; to provide for powers, duties, and authority of the Department of Revenue and the state revenue commissioner; 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 48 of the Official Code of Georgia Annotated, relating to revenue and taxation, is amended by revising Code Section 48-2-40, relating to the rate of interest on past due taxes, as follows: "48-2-40. (a) Except as provided in subsection (b) of this Code section and as otherwise expressly provided by law, taxes owed the state or any local taxing jurisdiction shall bear interest at the rate of 1 percent per month from the date the tax is due until the date the tax is paid. For the purposes of this Code section, any period of less than one month shall be considered to be one month. This Code section shall also apply to alcoholic beverage taxes. (b) With respect to ad valorem taxation on property, taxes remaining unpaid after becoming due shall bear interest at the rate of .5 percent per month from the date the tax is due until the date the tax is paid." SECTION 2. Said title is further amended by revising Code Section 48-3-19, relating to transfer of tax executions, as follows: "48-3-19. (a) As used in this Code section, the term: THURSDAY, MARCH 29, 2012 4651 (1) 'Delinquent taxpayer' means the person or persons against whom an execution has been issued or the successor in title to the property for which the execution has been issued. (2) 'Due diligence' means the performance of a diligent search to ascertain the actual location of the record owner of the property. The following actions shall satisfy the diligent search requirements of this Code section: sending notice by first-class mail, certified mail, or statutory overnight delivery, as required by law. If the notice is returned undelivered, the following actions shall satisfy the diligent search requirements of this Code section: due diligence shall include checking telephone directories for the county wherein the property is located; checking Internet search engines and people finder data bases, which may include the use of online address verification products and services; checking the records of the tax commissioner of the county wherein the property is located; or checking the real estate records of the clerk of the superior court of the county wherein the property is located. (3) 'Execution' means an execution issued for the collection of any ad valorem taxes, special assessments, fees, penalties, interest, or collection costs due the state or any political subdivision thereof. (4) 'Transferee' means a person to whom an execution is transferred. (5) 'Transferor' means the official holding the tax executions and authorized to collect or transfer such tax executions. (b)(1) Whenever any person other than the person against whom an execution has been issued pays an execution issued for state, county, or municipal taxes or special assessments, the officer whose duty is to enforce the execution may transfer the execution to the party so paying the full value of the execution. No officer whose duty it is to enforce an execution issued for state, county, or municipal taxes or special assessments shall be required to make any transfer or transfers of such execution or executions. The transferee shall have the same rights as to enforcing the execution and priority of payment as might have been exercised or claimed by the tax official. The person to whom the execution is transferred shall, within 30 days of the transfer, cause the execution to be entered on the general execution docket of the superior court of the county in which the execution was issued. In default of the required entry or entries, the execution shall lose its lien upon any property which has been transferred in good faith and for a valuable consideration before the entry and without notice of the existence of the execution. (2)(A) It shall be unlawful for any tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. It shall be unlawful for any employee of a tax official covered by this subsection to pay a tax execution in order to obtain a transfer of the execution under this Code section. The tax officials covered by this subsection are: (i) County tax receivers, tax collectors, and tax commissioners; (ii) Members of county boards of tax assessors; (iii) Members of county boards of equalization; and (iv) County tax appraisers. 4652 JOURNAL OF THE SENATE (B) Any execution transferred in violation of subparagraph (A) of this paragraph shall be void and unenforceable by the person obtaining the execution and such person's successors in interest. (C) Any tax official or employee of a tax official violating subparagraph (A) of this paragraph shall be guilty of a misdemeanor. (c)(1) Within 60 30 days following the transfer of an execution, the transferee shall notify the delinquent taxpayer of the transfer of the tax execution by: (A) First-class first-class mail and certified mail; or (B) Statutory overnight delivery. (1.1) The notice shall include: (A) The name, mailing address, and telephone number for the transferee's business office; (B) The amount necessary to satisfy such execution; and (C) Other information as deemed appropriate by the transferee. (2) In the event that any such notice required in this subsection by: (A) First-class first-class mail and certified mail; or (B) Statutory overnight delivery is returned undelivered, the transferee shall be required to perform a due diligence search in an effort to obtain the delinquent taxpayer's correct address or any new owner's correct address and resend the notice by first-class mail. (d) An execution which has been transferred shall bear interest as specified in Code Section 48-3-20 on the amount paid for such execution from the date of the transfer. In addition, the transferee may charge and collect recording fees actually expended in recording the transferred execution on the general execution docket of any county in which the transfer is recorded and such other penalties as are provided for in this title and fees actually required by the clerk of superior court or his or her deputy in recording or canceling the transferred execution on the general execution docket of any county in which the transfer is executed. (e)(1) Whenever an execution has been transferred to any transferee, the transferee shall not be authorized to submit the execution to the appropriate levying officer until 12 months after the date of such transfer or 24 months after the tax giving rise to the execution was originally due, whichever is earlier. A transferee shall not have the right to advertise and sell property under a tax execution. Such right shall remain solely with the appropriate levying official, such as the sheriff or marshal. (2) A transferee with multiple outstanding executions against the same property shall not be subject to the time period requirements of paragraph (1) of this subsection with respect to all such executions if at least one of the executions meets such requirements of paragraph (1) of this subsection. (f) Until the execution is paid in full or satisfied, on or before November 15 of each year after the calendar year in which the transfer occurred, the transferee shall send notice by regular mail first-class mail and certified mail to the delinquent taxpayer and the record owner of the property advising that the tax execution is still outstanding. The notice must shall provide the transferee's most updated contact information, THURSDAY, MARCH 29, 2012 4653 including mailing address and telephone number. In the event any such notice is returned undelivered, the transferee shall be required to perform a due diligence search in an effort to obtain the correct address of the delinquent taxpayer or new owner and resend the notice by first-class mail and certified mail. (g) Any transferee that pays the tax official more than $2 million in any calendar year for the transfer of executions shall maintain a reasonably accessible office within 50 miles of the courthouse wherein the superior court of the county wherein the transferred executions were issued is located. Said office shall be open to the public for at least eight hours per day for five days a week, official state holidays excepted. (h) In the event any execution transferred is later determined to have been issued in error, the transferee shall cease and desist from all collection efforts, remove the associated entries from any execution docket on which it has been entered, and return the execution to the transferor. In return, the transferor shall reimburse the transferee the amount paid for the execution at the time of transfer without any additional fees, interest, and collection costs that may have been incurred by the transferee since the transfer. (i) No executions for nonpayment of taxes shall be transferred for any year as to which the property is in an appeal for any years affected by the appeal until there has been a final determination of the value of the property. (j) On and after the effective date of this Code section, no tax execution shall be transferred pursuant to this Code section." SECTION 3. Said title is further amended by revising Code Section 48-4-41, relating to redemption by creditors without liens, as follows: "48-4-41. (a) If the property is redeemed by a creditor of the defendant in fi. fa. who has no lien, the creditor shall have a claim against the property for the amount advanced by him in order to redeem the property if: (1) There is any sale of the property after the redemption under a judgment in favor of the creditor; and (2) The quitclaim deed is recorded as required by law. (b)(1) As used in this subsection, the term 'authorized party' means any or all of the following: (A) The defendant in fi. fa.; (B) The holder of any security deed affecting the subject property; or (C) The holder of any lien for taxes affecting the subject property. (2) Any party other than an authorized party redeeming a property at a tax sale shall be prohibited from doing any of the following for at least 12 months after the date of redemption: (A) Applying for a refund of excess funds paid at a tax sale; or (B) Proceeding with any judicial or nonjudicial action to foreclose the first-priority lien created by subsection (a) of this Code section." 4654 JOURNAL OF THE SENATE SECTION 4. Said title is further amended in Code Section 48-4-46, relating to notice of foreclosure of right to redeem, by revising subsection (d) as follows: "(d) Each original notice together with the entry of the sheriff on the notice shall be returned to the person by whom the service was requested upon the payment of the sheriff's costs as provided by law. Any original notice together with the entries on the notice may shall be filed and recorded on the deed records in the office of the clerk of the superior court of the county in which the land is located." SECTION 5. Said title is further amended by revising subsection (e) of Code Section 48-5-24, relating to the payment of taxes to the county in which returns are made, installment payments, interest, and penalties on delinquent tax payments in certain counties, as follows: "(e) In all counties having a population of not less than 595,000 nor more than 660,000 according to the United States decennial census of 2000 or any future such census, the taxes shall become due and payable on August 15 in each year and shall become delinquent if not paid by October 15 of each year. A penalty of 5 percent of the tax due shall accrue on taxes not paid on or before October 15 of each year, and interest shall accrue at the rate specified in Code Section 48-2-40 on the total amount of unpaid taxes and penalty until both the taxes and the penalty are paid. The tax collectors shall issue executions for delinquent taxes, penalties, and interest against each delinquent taxpayer in their respective counties. Nothing contained in this subsection 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." SECTION 6. Said title is further amended by revising Code Section 48-5-33, which is reserved, as follows: "48-5-33. (a) As used in this Code section, the term 'nontax related fees or assessments' means any fees or assessments related to real property which are not ad valorem taxes on such real property and includes, but shall not be limited to, storm-water service fees or solid waste service fees. (b) In the event that the mailing sent by the tax commissioner contains a billing for ad valorem taxes on real property as well as one or more billings for nontax related fees or assessments, and the taxpayer remits only a partial payment, such partial payment shall first be applied to the outstanding balance of ad valorem taxes on real property which are due and payable. Reserved." SECTION 7. Said title is further amended by revising Code Section 48-5-265, relating to joint county appraisal staffs and contracting for advice and assistance, as follows: THURSDAY, MARCH 29, 2012 4655 "48-5-265. (a)(1) The governing authorities of any two or more Contiguous Class I counties may join together and contract to by intergovernmental agreement create a joint county property appraisal staff following consultation with and the written consent of the county boards of tax assessors of such counties. Under any such contract intergovernmental agreement, the parcels of real property within the contracting counties subject to the intergovernmental agreement shall be totaled, and the counties shall be deemed one county for purposes of determining the class of the counties, the resulting minimum staff requirements, and the amount of money to be received from the department. The costs of the joint county property appraisal staff shall be shared, each county's share to be based upon the ratio which the number of parcels of real property in each contracting county bears to the total number of parcels of real property in all the contracting counties. Any number of Class I counties may join together to create a joint county property appraisal staff determined in the intergovernmental agreement. (2) The governing authorities of any two or more counties may execute an intergovernmental agreement to provide for the sharing of one or more designated members of property appraisal staff following consultation with and the written consent of the county boards of tax assessors of such counties. The costs of such shared staff members shall be determined in the intergovernmental agreement. (b) The governing authorities of any two or more counties may join together and by intergovernmental agreement Each Class I county may contract with a contiguous county which has a minimum county property appraisal staff to carry out this part following consultation with and the written consent of the county boards of tax assessors of such counties. Counties contracting in this manner All counties subject to an intergovernmental agreement under this subsection shall retain their separate character for the purpose of determining the class and minimum staff requirements for each contracting county. (c)(1) On or after January 1, 2013, any Each Class I county, at its discretion, may enter into contracts with persons to render advice or assistance to the county board of tax assessors and to the county board of equalization in the assessment and equalization of taxes and to perform such other ministerial duties as are necessary and appropriate to carry out this part, the establishment of property valuations, or the defense of such valuations. Such advice and assistance shall be in compliance with the laws of this state and the rules and regulations of the commissioner. Individuals performing services under such contracts shall complete satisfactorily such training courses as directed by the commissioner. The function of any person contracting to render such services shall be advisory or ministerial, only and the final decision as to the amount of assessments and the equalization of assessments shall be made by the county board of tax assessors and the county board of equalization and shall be set forth in the minutes of the county board of tax assessors. (2) No contract entered into pursuant to paragraph (1) of this subsection shall contain any provision authorizing payment to any person contracted with, or to any person 4656 JOURNAL OF THE SENATE employed by any person contracted with, upon a percentage basis or upon any basis under which compensation is dependent or conditioned in any way upon increasing or decreasing the aggregate assessment of property in the county. Any contract or provision of a contract which is in violation of this paragraph is shall be void and unenforceable." SECTION 8. Said title is further amended by revising subsection (b) of Code Section 48-5-299, relating to ascertainment of taxable property and assessments and penalties against unreturned property, as follows: "(b)(1) In all cases where unreturned property is assessed by the county board of tax assessors after the time provided by law for making tax returns has expired, the board shall add to the amount of state and county taxes due a penalty of 10 percent of the amount of the tax due or, if the principal sum of the tax so assessed is less than $10.00 in amount, a penalty of $1.00. The penalty provided in this subsection shall be collected by the tax collector or the tax commissioner and in all cases shall be paid into the county treasury and shall remain the property of the county. (2)(A) The provisions of paragraph (1) of this subsection to the contrary notwithstanding, this paragraph shall apply with respect to counties having a population of 600,000 or more according to the United States decennial census of 1970 or any future such census. (B) In all cases in which unreturned property is assessed by the board after the time provided by law for making tax returns has expired, the board shall add to the assessment of the property a penalty of 10 percent, which shall be included as a part of the taxable value for the year." SECTION 9. Said title is further amended by revising paragraph (2) of subsection (b) of Code Section 48-5-306, relating to annual notice of current assessment, as follows: "(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 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. At the time of filing your appeal you must select one of the following options: (i) An appeal to the county board of equalization 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 as shown on the taxpayer's notice of assessment, and any contiguous nonhomestead real property owned by the same taxpayer, to a hearing officer with THURSDAY, MARCH 29, 2012 4657 appeal to the superior court. If you wish to file an appeal, you must do so in writing no later than 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 or most applicable 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.'" SECTION 10. Said title is further amended by revising Code Section 48-5-311, relating to county boards of equalization and ad valorem tax appeals, as follows: "48-5-311. (a) Establishment. (1) Except as otherwise provided in this subsection, there is established in each county of the this 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 members of each board of equalization 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 substantive business of the board. The clerk of the superior court shall be vested with administrative authority in all other matters governing the conduct and business of the boards of equalization so as to provide oversight and supervision of such boards in compliance with paragraph (4) of subsection (d) of this Code section. 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 4658 JOURNAL OF THE SENATE 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) 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. (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 in the county where such person is appointed to serve, or, in the case of a regional board of equalization, is the owner of real property in any county in the region where such person is appointed to serve, 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) Each person seeking to be appointed as a member or alternate member of a county board of equalization shall, not later than immediately prior to the time of their appointment under subsection (c) of this Code section, file with the clerk of the superior court a uniform application form which shall be a public record. The commissioner shall design the form which indicates the applicant's education, employment background, experience, and qualifications for such appointment. (B) 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 THURSDAY, MARCH 29, 2012 4659 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. On or after January 1, 2013, following the completion of each successive two terms of office, a member shall, within the first year of appointment to the subsequent term of office, complete satisfactorily not less than 40 hours of instruction in appraisal and equalization processes and procedures, as prepared and required by the commissioner for newly appointed members. 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)(C) No person shall be eligible to hear an appeal as a member of a board of equalization on or after January 1, 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) (B) 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. (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 4660 JOURNAL OF THE SENATE 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 cause such appointees to appear before the clerk for the purpose of taking and executing in writing the oath of office. The clerk may utilize any means necessary for such purpose, including, but not limited to, telephonic or other communication, regular first-class mail, or issuance of and delivery 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 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 shall faithfully and impartially discharge my duties in accordance with the Constitution and laws of this state, to the best of my skill and knowledge. So help me God. _________________________________ Signature of member or alternate member' In addition to the oath of office prescribed in this paragraph, the presiding or 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 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 THURSDAY, MARCH 29, 2012 4661 question of county-wide uniformity is considered by the board, the board may 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 procedures which comply strictly with the regulations promulgated by the commissioner pursuant to subparagraph (e)(5)(B) (e)(1)(D) 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 maintaining the uniform application forms 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 this subsection (d) of this Code section. Oversight and supervision shall also include the scheduling of board hearings, assistance in scheduling 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. (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 4662 JOURNAL OF THE SENATE this Code section. (D) The clerk of superior court shall maintain any county records of all notices to the taxpayer and the taxpayer's attorney, of certified receipts of returned or unclaimed mail, and 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 but shall maintain records of all notices to the taxpayer and the taxpayer's attorney and certified receipts of returned or unclaimed mail for 12 months. 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 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 county board of equalization 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 as shown on the taxpayer's notice of assessment, and any contiguous nonhomestead real property owned by the same taxpayer, 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 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 a hearing officer as to matters of uniformity of assessment of 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 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 THURSDAY, MARCH 29, 2012 4663 taxpayer of the date and time of 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. 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. 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. The notice shall be sent by regular mail properly addressed to the address or addresses the taxpayer provided to the county board of tax assessors. 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 county board of tax assessors by e- 4664 JOURNAL OF THE SENATE 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. 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. (3)(A) In any each 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 with written notice to the taxpayer, except as otherwise provided in this paragraph. (B) In any county in which the number of appeals exceeds a number equal to or greater than 3 percent of the total number of parcels in the county or equal to or greater than 3 percent of the gross tax digest of the county, the county board of tax assessors shall be granted an additional 180 day period to make its determination and notify the taxpayer. Such additional period shall commence immediately following the last day of the 180 days provided for under subparagraph (A) of this paragraph. If the county board of tax assessors fails to make its determination and notify the taxpayer or the taxpayer's attorney not later than the last day of such additional 180 day period, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal unless a time extension is granted under subparagraph (C) of this paragraph. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. (C) Upon a sufficient showing of good cause by reason of unforeseen circumstances proven to the commissioner prior to the expiration of the additional 180 day period provided for under subparagraph (B) of this paragraph, the commissioner shall be authorized to provide for a time extension beyond the end of such additional 180 day period. The duration of any such time extension shall be specified in writing by the commissioner and shall also be posted on the website of the county board of tax assessors. If the county board of tax assessors fails to make its determination and notify the taxpayer and the taxpayer's attorney not later than the last day of such time extension, the most recent property tax valuation asserted by the taxpayer on the property tax return or on appeal shall prevail and shall be deemed the value established on such appeal. If no such assertion of value was submitted by the taxpayer, the appeal shall be forwarded to the county board of equalization. In addition, the commissioner shall be authorized to impose penalties, THURSDAY, MARCH 29, 2012 4665 require additional training, or require such other remediation as the commissioner may deem appropriate for failure to meet the deadline imposed by the commissioner under this subparagraph. (D) With regard to subparagraphs (A), (B), and (C) of this paragraph, in any year in which a taxpayer receives a property tax assessment increase of more than 10 percent per year, upon an annual basis, the county board of tax assessors shall make its determination and notify the taxpayer within 90 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 90 day period during such year, the appeal shall be automatically referred to the county board of equalization with written notice to the taxpayer, except as otherwise provided in this paragraph. (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 its opinions of value and the validity of its proposed assessment by a preponderance of evidence. (5) The county board of equalization shall determine all questions presented to it on the basis of the best information available to the board. (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. Such notice shall be sent by first-class mail to the taxpayer. Such notice shall be transmitted by e-mail to the county board of tax assessors if such board has adopted a written policy consenting to electronic service, and, if it has not, then such notice shall be sent to such board by first-class mail. 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 board of equalization shall render announce its decision on each appeal at the conclusion of the hearing under held in accordance with subparagraph (B) of this paragraph before proceeding with another hearing. The decision of the county 4666 JOURNAL OF THE SENATE 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 delivered by hand to each party, with written receipt, or 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 shall 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 prior year's valuation as set by the county board of tax assessors. This unless the property in issue has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no property improvement has occurred. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. 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 the entity or THURSDAY, MARCH 29, 2012 4667 transferee that paid the taxes 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 of such interest exceed $150.00. (7) The clerk of the superior court shall furnish the county board of equalization necessary facilities and secretarial and clerical administrative help. The 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 shall 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 shall 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. (10) Within ten days of a final determination of value by the tax assessors, a board of equalization, arbitrator, hearing officer, or the superior court, the county board of tax assessors shall forward said decision to the tax commissioner. (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 as shown on the taxpayer's notice of assessment, at the option of the taxpayer, an appeal may be submitted to a hearing officer in accordance with this subsection. If such taxpayer owns nonhomestead real property contiguous to such qualified nonhomestead real property, at the option of the taxpayer, such contiguous property may be consolidated with the qualified property for purposes of the hearing under 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 4668 JOURNAL OF THE SENATE 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. (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 certify the notice of appeal and send or deliver all necessary papers to the clerk of the superior court and mail a copy to the taxpayer. (6)(A) 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. The clerk of the superior court shall notify the taxpayer and the taxpayer's attorney of the name of the hearing officer and transmit a copy of the hearing officer's disqualification questionnaire and resume provided for under paragraph (2) of this subsection. The hearing officer, in conjunction with all parties to the appeal, shall set a time and place to hear evidence and testimony from both parties. The hearing shall take place in the county where the property is located, or such other place as mutually agreed to by the parties and the hearing officer. The hearing officer shall provide electronic or written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten days before the hearing. Such written notice shall advise each party that documents or other written evidence to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement shall be grounds for an automatic continuance or for exclusion of such documents or other written evidence. (B) If the clerk of the superior court, after a diligent search, cannot find a qualified hearing officer who is willing to serve, the clerk of the superior court shall transfer THURSDAY, MARCH 29, 2012 4669 the certification of the appeal to the county or regional board of equalization and notify the taxpayer and the taxpayer's attorney and the county board of tax assessors of the transmittal of such appeal. (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 both parties 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 $75.00 per hour for the first hour and not less than $25.00 per hour for each hour thereafter as determined by the county governing authority or as may be agreed upon by the parties. Compensation pursuant to 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 the 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. Such rules and regulations shall also include a uniform appeal form which shall require the initial assertion of a valuation of the property by the taxpayer. Any such assertion of value shall be subject to later revision by the taxpayer based upon written evidence. 4670 JOURNAL OF THE SENATE The commissioner shall seek input from all interested parties prior to such promulgation. (f) 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 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. (3)(A) Following an election by the taxpayer to use the arbitration provisions of this subsection, an 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. 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 shall, within 45 days of the filing of the notice date of transmittal of the acknowledgment of receipt of the appeal, 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 of the date of transmittal of the acknowledgment of receipt of the appeal, the taxpayer shall pay to the clerk of the superior court the fees, if any, if the county board of tax assessors rejects the appraisal. 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 immediately forwarded to the board of equalization. Prior to appointment of the arbitrator and within 45 days of filing the notice of the acknowledgment of receipt of the appeal, the taxpayer shall provide a copy of the certified appraisal as specified in this paragraph to the board of assessors for consideration. Within 45 days of receiving the taxpayer's certified appraisal, the board of assessors shall either accept the taxpayer's appraisal, in which case that value shall become final, or the county board of tax assessors shall reject the taxpayer's appraisal by sending within ten days of the date of such rejection a written notification by certified mail of such rejection to the taxpayer and the taxpayer's attorney of record, in which case the county board of tax assessors shall certify within 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 the taxpayer is not notified of a rejection of the taxpayer's appraisal within such ten-day period, the taxpayer's appraisal value shall become final. In the event that the county board of tax assessors neither accepts nor rejects the value set out in THURSDAY, MARCH 29, 2012 4671 the certified appraisal within such 45 day period 45 days after receipt of the certified appraisal, then the certified appraisal shall become the final value, and the filing fees shall be returned to the taxpayer. 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 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 presiding or chief judge of the superior court of the circuit in which the property is located shall issue an order authorizing the arbitration. (B) At any point, the county board of tax assessors and the taxpayer may execute a signed, written agreement establishing the fair market value without entering into or completing the arbitration process. The fair market value as set forth in such agreement shall become the final value. (B)(C) The arbitration shall be conducted pursuant to the following procedure: (i) The county board of tax assessors shall include in the notice of rejection of the taxpayer's certified appraisal a notice of a meeting time and place to decide upon an arbitrator, to occur within 60 days after the date of sending the rejection of the taxpayer's certified appraisal. If such meeting is not scheduled by the county board of tax assessors within such 60 day period, the taxpayer's certified appraisal shall become the final determination of value. Following the notification of the taxpayer of the date and time of the meeting, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the meeting to a date and time acceptable to the taxpayer. If the parties agree, the matter shall be submitted to a single arbitrator chosen by the parties. Only if If the parties cannot agree on the single arbitrator, the arbitrator shall be chosen by the presiding or chief judge of the superior court of the circuit in which the property is located within 30 days after the filing of a petition by either party; (ii) In order to be qualified to serve as an arbitrator, a person shall be classified as a 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. The arbitrator shall 4672 JOURNAL OF THE SENATE provide written notice to the parties personally or by registered or certified mail or statutory overnight delivery not less than ten 30 days before the hearing. Such written notice shall advise each party that documents or other written evidence and a final submitted value to be presented at the hearing by a party must be provided to the other party not less than seven days prior to the time of the hearing and that any failure to comply with this requirement, unless waived by mutual written agreement of such parties, shall be grounds for a continuance or for exclusion of such documents or other written evidence. The arbitrator, in consultation with the parties, may adjourn or postpone the hearing. Following notification of the taxpayer of the date and time of the hearing, the taxpayer shall be authorized to exercise a one-time option of changing the date and time of the hearing to a date and time acceptable to the taxpayer. The presiding or 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. The hearing shall occur in the county in which the property is located or such other place as may be agreed upon in writing by the parties; (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) 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 the final value for the property submitted by the board of assessors and a single the final 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 final value submitted by the board of assessors and the single final 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. THURSDAY, MARCH 29, 2012 4673 (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 superior court. (5) If the county's tax bills are issued before an arbitrator 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 prior year's valuation as set by the county board of tax assessors. This unless the property in issue has been issued a building permit and structural improvements have occurred, or structural improvements have been made without a building permit, in which case, it shall specify 85 percent of the current year's valuation as set by the county board of assessors. Depending on the circumstances of the property, this amount shall be the basis for a temporary tax bill to be issued; provided, however, that the taxpayer may elect to pay the temporary tax bill in the amount of 100 percent of the current year's valuation if no property improvement has occurred. The county tax commissioner shall have the authority to adjust such tax bill to reflect the 100 percent value as requested by the taxpayer. 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. (g) Appeals to the superior court. (1) The taxpayer or the county board of tax assessors may appeal decisions of the county board of equalization 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 hearing officer, as applicable, 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. 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 subparagraph (e)(6)(D) or paragraph (6) of subsection (e.1) of this Code section. The county board 4674 JOURNAL OF THE SENATE 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 the county board of tax assessors, 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 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 its opinions of value and the validity of 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 find that the value asserted by the taxpayer is unreasonable and reasonable and the fair market value of the property, or declare a mistrial authorize the determination of the final value of the property. (4)(A) The appeal shall be 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 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 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 or to the entity or transferee that paid the taxes 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 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 THURSDAY, MARCH 29, 2012 4675 attorney's fees incurred in the action. Any appeal of an award of attorney's fees by the county shall be specifically approved by the governing authority of the county. (iii) If the final determination of value on appeal is greater than the valuation set by the county board of equalization 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. (h) Recording of interviews. In the course of any assessment, appeal, or arbitration, or any related proceeding, the taxpayer shall be entitled to make 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 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)(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 4676 JOURNAL OF THE SENATE 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. (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 paragraph (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, entity, or transferee who paid the taxes 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, THURSDAY, MARCH 29, 2012 4677 all notices required to be provided to the taxpayer regarding hearing times, dates, certifications, or official actions shall instead be provided to such attorney." SECTION 11. Said title is further amended by revising subsection (b) of Code Section 48-5-345, relating to county tax digests and deviations from certain assessment ratios, and by adding a new subsection to read as follows: "(b) Each year the commissioner shall determine if the overall assessment ratio for each county, as computed by the state auditor under paragraph (8) of subsection (b) of Code Section 48-5-274, deviates substantially from the proper assessment ratio as provided in Code Section 48-5-7, and if such deviation exists, the commissioner shall assess against the county governing authority additional state tax in an amount equal to the difference between the amount the state's levy of one-quarter of a mill would have produced if the digest had been at the proper assessment ratio and the amount the digest that is actually used for collection purposes will produce. The commissioner shall notify the county governing authority annually of the amount so assessed, and this amount shall be due and payable not later than five days after all appeals have been exhausted or the time for appeal has expired or the final date for payment of taxes in the county, whichever comes latest, and shall bear interest at the rate specified in Code Section 48-2-40 from the due date. (c) Beginning with tax digests on or after January 1, 2012, no county shall be subject to the assessment authorized by subsection (b) of this Code section. This subsection shall stand automatically repealed on December 31, 2014." SECTION 12. Said title is further amended in Code Section 48-5-346, relating to the effect of conditionally approving certain subsequent county tax digests, by adding a new subsection to read as follows: "(e) Beginning with tax digests on or after January 1, 2012, no county shall be subject to the penalty authorized by paragraph (2) of subsection (a) of this Code section. This subsection shall stand automatically repealed on December 31, 2014." SECTION 13. Said title is further amended by revising Code Section 48-5-359.1, relating to contracts to assess and collect municipal taxes and prepare tax digests, as follows: "48-5-359.1. (a)(1)(A) This paragraph shall apply to a county which has fewer than 50,000 tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract, subject to approval by the tax commissioner of the county, for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of 4678 JOURNAL OF THE SENATE municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to contract for and to accept, receive, and retain compensation from the municipality for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. (2)(A) This paragraph shall apply to any county which has 50,000 or more tax parcels within such county. (B) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and, a municipality, and the tax commissioner shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. Notwithstanding the provisions of any other law, the tax commissioner is authorized to accept, receive, and retain compensation from the county for such additional duties and responsibilities in addition to that compensation provided by law to be paid to the tax commissioner by the county. A tax commissioner shall be specifically prohibited from contracting directly with a municipality and accepting, receiving, or retaining compensation from the municipality for such additional duties and responsibilities; provided, however, that he or she may be additionally compensated by the county for such additional duties and responsibilities. (2) No contract between a municipality and a tax commissioner which was entered into under this Code section prior to the effective date of this Code section and which provides in any manner for such tax commissioner to be compensated directly and personally for rendering any service in his or her official capacity for such municipality shall be in any way renewed or extended. Such contract shall remain in force and effect only until the expiration date specified in such contract, without any automatic renewal being able to occur. (3) No contract between a municipality and a tax commissioner shall be entered into under this Code section on or after the effective date of this Code section. (b) Any contract, extension, or renewal which violates any provision of this Code section shall be deemed contrary to public policy and shall be unenforceable. (b)(c) With respect to any county for which the office of tax commissioner has not been created, any reference in subsection (a) or (d) of this Code section to the tax commissioner shall be deemed to refer to the tax receiver and the tax collector. (d) Any county and any municipality wholly or partially located within such county may contract for the tax commissioner of the county, with the consent of the tax THURSDAY, MARCH 29, 2012 4679 commissioner, to prepare the tax digest for such municipality; to assess and collect municipal taxes in the same manner as county taxes; and, for the purpose of collecting such municipal taxes, to invoke any remedy permitted for collection of municipal taxes. Any contract authorized by this subsection between the county governing authority and a municipality shall specify an amount to be paid by the municipality to the county which amount will substantially approximate the cost to the county of providing the service to the municipality. The tax commissioner is specifically prohibited from contracting directly with a municipality, and accepting, receiving, and retaining compensation from the municipality for such additional duties and responsibilities." SECTION 14. Said title is further amended by revising subsections (b) and (c) of Code Section 48-5380, relating to refunds of certain taxes and license fees by counties and municipalities, as follows: "(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 grounds for a refund exist under subsection (a) of this Code section, 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, 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 180 days 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 180 days 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 one year 180 day period. No action or proceeding for the recovery of a refund shall be commenced after the expiration of one year 180 days from the date the 4680 JOURNAL OF THE SENATE claim is denied. The one year 180 day 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 180 day period or any extension of the one-year 180 day period." SECTION 15. Said title is further amended by revising subsection (b) of Code Section 48-6-2, relating to real estate transfer tax exemptions, as follows: "(b) In order to exercise any exemption provided in this Code section, the total consideration of the transfer shall be shown, and the fair market value of real and personal property conveyed shall be shown on the form prescribed in subsection (c) Code Section 48-6-4." SECTION 16. Said title is further amended by revising subsections (a), (b), and (c) of Code Section 486-4, relating to real estate transfer tax payment as certain filing prerequisites, as follows: "(a) It is the intent of the General Assembly that the tax imposed by this article be paid to the clerk of the superior court or his or her deputy, and that the fair market value of real and personal property conveyed shall be shown separately on the form prescribed in subsection (c) of this Code section, prior to and as a prerequisite to the filing for record of any deed, instrument, or other writing described in Code Section 48-6-1. (b) No deed, instrument, or other writing described in Code Section 48-6-1 shall be filed for record or recorded in the office of the clerk of the superior court or filed for record or recorded in or on any other official record of this state or of any county until the tax imposed by this article has been paid and until the fair market value of real and personal property conveyed has been shown separately on the form prescribed in subsection (c) of this Code section; provided, however, that any such deed, instrument, or other writing filed or recorded which would otherwise constitute constructive notice shall constitute such notice whether or not such tax was in fact paid. (c) The amount of tax to be paid on a deed, instrument, or other writing shall be determined on the basis of written disclosure of the consideration or value of the interest in the property granted, assigned, transferred, or otherwise conveyed. The disclosure of the amount of tax and the fair market value shall be made on a form or in electronic format prescribed by the commissioner and provided by the clerk of the superior court. By the fifteenth day of the month following the month the deed, instrument, or other writing is recorded, a physical or electronic copy of each disclosure shall be forwarded or made available electronically to the state auditor and to the tax commissioner and the board of tax assessors in the county where the deed, instrument, or other writing is recorded." SECTION 17. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to the ad valorem tax year beginning January 1, 2013, as well as all future ad valorem tax years. THURSDAY, MARCH 29, 2012 4681 SECTION 18. All laws and parts of laws in conflict with this Act are repealed. Senator Rogers of the 21st moved that the Senate adopt the Conference Committee Report on SB 234. Senator Rogers moved the previous question. There was no objection. On the motion to adopt the Conference Committee Report on SB 234, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch N Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath N Henson Y Hill, Jack Hill, Judson Y Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 48, nays 2; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 234. The following bill was taken up to consider House action thereto: SB 333. By Senators Stone of the 23rd, Miller of the 49th, Ramsey, Sr. of the 43rd, Davis of the 22nd, Jeffares of the 17th and others: A BILL to be entitled an Act to amend Part 1 of Article 7 of Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to general 4682 JOURNAL OF THE SENATE provisions relative to foreclosure, so as to provide that notices of sales made on foreclosure under power of sale shall be provided to all debtors; to provide for related matters; to repeal conflicting laws; and for other purposes. The House amendment was as follows: Amend Senate Bill 333 (LC 29 4924) by inserting after "matters;" on line 4 the following: to provide for an effective date and applicability; By inserting between lines 30 and 31 the following: This Act shall become effective on July 1, 2012, and shall apply to sales made on foreclosure under power of sale executed on or after July 1, 2012. SECTION 4. Senator Stone of the 23rd moved that the Senate agree to the House amendment to SB 333. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Butler Y Carter, B Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Hamrick Y Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares Y Jones Y Ligon Y Loudermilk Y McKoon Y Millar Miller Y Mullis Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Tolleson Y Unterman Wilkinson Y Williams On the motion, the yeas were 47, nays 1; the motion prevailed, and the Senate agreed to the House amendment to SB 333. THURSDAY, MARCH 29, 2012 4683 The following messages were received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 365. By Senator Hamrick of the 30th: A BILL to be entitled an Act to amend Article 3 of Chapter 19 of Title 15 of the Official Code of Georgia Annotated, relating to the regulation of the practice of law, so as to define a term; to provide for a private cause of action; to amend Chapter 14 of Title 44 of the Official Code of Georgia Annotated, relating to mortgages, conveyances to secure debt, and liens, so as to change provisions relating to collected funds; to provide for penalties; to require an attorney to attest that a borrower knowingly, intentionally, and willingly executed such form; to provide that mortgages shall be voidable if a waiver of borrower's rights and attorney attestation is not completed for a residential real property mortgage; to provide for related matters; to repeal conflicting laws; and for other purposes. Mr. President: The House has agreed to the Senate substitute, as amended by the House, to the following Bill of the House: HB 743. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The following bill was taken up to consider the Conference Committee Report thereto: HB 318. By Representative Stephens of the 164th: A BILL to be entitled an Act to amend Code Section 48-8-3 of the Official Code of Georgia Annotated, relating to exemptions from sales and use tax, so as to extend for a limited period of time an exemption with respect to the use of 4684 JOURNAL OF THE SENATE food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide an effective date; to repeal conflicting laws; and for other purposes. The Conference Committee Report was as follows: The Committee of Conference on HB 318 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 318 be adopted. Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Golden of the 8th /s/ Senator Goggans of the 7th /s/ Senator Bulloch of the 11th /s/ Representative Stephens of the 164th /s/ Representative England of the 108th /s/ Representative O`Neal of the 146th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 318: A BILL TO BE ENTITLED AN ACT To amend Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, so as to provide a definition for durable medical equipment; to provide a new exemption with respect to certain sales of eligible food and beverages to a qualified food bank; to provide a new exemption with respect to the use of food which is donated to a qualified nonprofit agency and which is used for hunger relief purposes; to provide a new exemption for food which is donated following a natural disaster and which is used for disaster relief purposes; to provide a new exemption for kidney dialysis equipment; to provide an exemption for packaging materials; to provide an effective date; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Part 1 of Article 1 of Chapter 8 of Title 48 of the Official Code of Georgia Annotated, relating to general provisions regarding state sales and use tax, is amended by revising Code Section 48-8-2, relating to definitions regarding state sales and use tax, as follows: "(15) 'Durable medical equipment' means equipment including repair and replacement parts for the same, but does not include any kidney dialysis equipment or THURSDAY, MARCH 29, 2012 4685 '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." SECTION 2. Said part is further amended by revising subparagraph (A) of paragraph (57.1), subparagraph (A) of paragraph (57.2), subparagraph (A) of paragraph (57.3), and paragraphs (90) and (91) and by adding new paragraphs in Code Section 48-8-3, relating to exemptions from sales and use tax, as follows: "(57.1)(A) From July 1, 2006 2012, until June 30, 2010 2015, sales of food and food ingredients to a qualified food bank." "(57.2)(A) For the period commencing July 1, 2007 2012, and ending on June 30, 2011 2015, the use of prepared food which is donated to a qualified nonprofit agency and which are used for hunger relief purposes." "(57.3)(A) For the period commencing July 1, 2007 2012, and ending on June 30, 2011 2015, the use of prepared food which is donated following a natural disaster and which are used for disaster relief purposes." "(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.; (92) The sale or use of kidney dialysis equipment, whether or not worn on the body, including repair and replacement parts and supplies used to facilitate the dialysis process, including, but not limited to, dialyzers, fistula needles, connective tubing, and solutions; or (93) The sale, use, consumption, or storage of 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. The packaging exemption shall not include materials purchased at a retail establishment for consumer use." SECTION 3. This Act shall become effective on July 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Golden of the 8th moved that the Senate adopt the Conference Committee Report on HB 318. 4686 JOURNAL OF THE SENATE On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Y Golden Y Gooch Grant Y Hamrick Harbison Y Heath Henson Y Hill, Jack Y Hill, Judson Hooks Y Jackson, B Y Jackson, L Y James Y Jeffares Y Jones Ligon Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Orrock Y Paris Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Wilkinson Y Williams On the motion, the yeas were 44, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 318. The following bill was taken up to consider the Conference Committee Report thereto: HB 133. By Representatives Black of the 174th, Rogers of the 26th, Rynders of the 152nd, Weldon of the 3rd, Knight of the 126th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for conditions of refunding de minimis overpayments; to provide for waiver of de minimis insufficiencies; 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 133 recommends that both the Senate and the House of Representatives recede from their positions and that the attached Committee of Conference Substitute to HB 133 be adopted. THURSDAY, MARCH 29, 2012 4687 Respectfully submitted, FOR THE SENATE: FOR THE HOUSE OF REPRESENTATIVES: /s/ Senator Rogers of the 21st /s/ Senator Heath of the 31st /s/ Senator Chance of the 16th /s/ Representative Black of the 174th /s/ Representative Channell of the 116th /s/ Representative O`Neal of the 146th COMMITTEE OF CONFERENCE SUBSTITUTE TO HB 133 A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to provide for conditions of refunding deminimis overpayments; to provide for waiver of de minimis insufficiencies; to amend Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, so as to include certain commercial geothermal heat pumps with the definition of the term 'clean energy property'; to provide an effective date; to provide for applicability; to repeal conflicting laws; and for other purposes. BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, is amended by adding a new Code section to read as follows: "48-7-130. (a) If the amount deducted, withheld, or prepaid and credited to a taxpayer against the taxpayer's income tax liability for a taxable year exceeds such income tax liability by 99 or less, such amount shall not be refunded unless the taxpayer requests a refund of such overpayment amount by separate written request. (b) If a taxpayer's income tax liability for a taxable year exceeds the amount deducted, withheld, or prepaid and credited to the taxpayer against such liability for the taxable year by 99 or less, then the amount of such insufficiency on the return shall be waived, the taxpayer shall not be liable for that insufficiency, and no income tax shall be due and payable from the taxpayer for that taxable year." SECTION 2. Code Section 48-7-29.14 of the Official Code of Georgia Annotated, relating to the income tax credit for clean energy property, is amended by revising paragraph (3) of subsection (a) as follows: 4688 JOURNAL OF THE SENATE "(3) 'Clean energy property' includes any of the following: (A) Solar energy equipment that uses solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, daylighting, generating electricity, distillation, desalinization, or the production of industrial or commercial process heat, as well as related devices necessary for collecting, storing, exchanging, conditioning, or converting solar energy to other useful forms of energy; (B) Energy Star certified geothermal heat pump systems or commercial three-phase geothermal heat pump systems that meet the Energy Star efficiency requirements for energy efficiency ratio (EER) and coefficient of performance (COP); (C) Energy efficient projects as follows: (i) Lighting retrofit projects. 'Lighting retrofit project' means a lighting retrofit system that employs dual switching (ability to switch roughly half the lights off and still have fairly uniform light distribution), delamping, daylighting, relamping, or other controls or processes which reduce annual energy and power consumption by 30 percent compared to the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004); and (ii) Energy efficient buildings. 'Energy efficient building' means for other than single-family residential property new or retrofitted buildings that are designed, constructed, and certified to exceed the standards set forth in the American Society of Heating, Refrigerating, and Air Conditioning Engineers 2004 standard (ASHRAE 90.1.2004) by 30 percent; (D) Wind equipment required to capture and convert wind energy into electricity or mechanical power as well as related devices that may be required for converting, conditioning, and storing the electricity produced by wind equipment; and (E) Biomass equipment to convert wood residuals into electricity through gasification and pyrolysis." SECTION 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Section 2 of this Act shall be applicable to all taxable years beginning on or after January 1, 2012. SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Heath of the 31st moved that the Senate adopt the Conference Committee Report on HB 133. On the motion, a roll call was taken, and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath Y Orrock Y Paris Ramsey THURSDAY, MARCH 29, 2012 4689 Bulloch Y Butler Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Golden Y Gooch Grant Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B Y Jackson, L James Y Jeffares Jones Y Ligon Loudermilk Y McKoon Millar Y Miller Y Mullis Murphy Rogers Y Seay Y Shafer Y Sims Y Staton Y Stone Stoner Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adopted the Conference Committee Report on HB 133. The following bill was taken up to consider House action thereto: HB 786. By Representatives Hembree of the 67th and Geisinger of the 48th: A BILL to be entitled an Act to amend Chapter 57 of Title 33 of the Official Code of Georgia Annotated, relating to the consumers' insurance advocate, so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate amendment was as follows: Amend HB 786 as amended by Senate Amendment 1 by deleting lines 1 through 4 of LC 28 5938 and inserting in lieu thereof the following: To amend Title 33 of the Official Code of Georgia Annotated, relating to insurance, so as to provide for comprehensive revision of the provisions relating to the Georgia Life and Health Insurance Guaranty Association; so as to provide that, until such time as the consumers' insurance advocate is appropriately funded, it shall not be necessary to file copies of insurance rate filings with the consumers' insurance advocate; to provide for related matters; By redesignating Sections 2 and 3 as Sections 3 and 4, respectively. 4690 JOURNAL OF THE SENATE By deleting lines 8 and 9 and inserting in lieu thereof the following: Title 33 of the Official Code of Geogia Annotated, relating to insurance, is amended by revising Chapter 38 of Title 33, relating to the Georgia Life and Health Insurance Guaranty Association, as follows: "CHAPTER 38 33-38-1. The purpose of this chapter is to protect policy owners, insureds, beneficiaries, annuitants, payees, and assignees of life insurance policies, health insurance policies, annuity contracts, and supplemental contracts, the persons specified in subsection (b) of Code Section 33-38-2, subject to certain limitations, against failure in the performance of contractual obligations, under life and health insurance policies and annuity contracts specified in subsection (a) of Code Section 33-38-2, due to the impairment or insolvency of the insurer issuing such policies or contracts. To provide this protection, (1) an association of insurers is created to enable the guaranty of payment of benefits and continuation of coverages as limited by this chapter, (2) members of the association are subject to assessment to provide funds to carry out the purpose of this chapter, and (3) the association is authorized to assist the Commissioner, in the prescribed manner, in the detection and prevention of insurer impairments or insolvencies. 33-38-2. (a) This chapter shall provide coverage to the persons specified in subsection (b) of this Code section for direct, nongroup life, health, or annuity, and supplemental policies or contracts, for certificates under direct group policies and contracts, and for supplemental contracts to any of these, and for unallocated annuity contracts, in each case issued by member insurers, except as limited by this chapter. Annuity contracts and certificates under group annuity contracts include, but are not limited to, guaranteed investment contracts, deposit administration contracts, unallocated funding agreements, allocated funding agreements, structured settlement agreements, lottery contracts annuities, annuities issued to or in connection with government lotteries, and any immediate or deferred annuity contracts. (b)(1) Coverage under this chapter shall be provided only: (1)(A) To persons who, regardless of where they reside, except for nonresident certificate holders under group policies or contracts, are the beneficiaries, assignees, or payees of the persons covered under paragraph (2) of this subsection subparagraph (B) of this paragraph; and (2)(B) To persons who are owners of or certificate holders under such policies or contracts, other than or, in the case of unallocated annuity contracts and structured settlement annuities, to the persons who are the contract holders and who: (A)(i) Are residents; or (B)(ii) Are not residents, but only under all of the following conditions: (i) The the insurers which issued such policies or contracts are domiciled in this THURSDAY, MARCH 29, 2012 4691 state; (ii) Such insurers never held a license or certificate of authority in the the states in which such persons reside; (iii) Such states have associations similar to the association created by this article; and (iv) Such such persons are not eligible for coverage by such associations an association in any other state due to the fact that the insurer was not licensed in the state at the time specified in the state's guaranty association law. (2) For unallocated annuity contracts specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to: (A) Persons who are the owners of the unallocated annuity contracts if the contracts are issued to or in connection with a specific benefit plan whose plan sponsor has its principal place of business in this state; and (B) Persons who are owners of unallocated annuity contracts issued to or in connection with government lotteries if the owners are residents. (3) For structured settlement annuities specified in subsection (a) of this Code section, subparagraphs (A) and (B) of paragraph (1) of this subsection shall not apply, and this chapter shall, except as provided in paragraphs (4) and (5) of this subsection, provide coverage to a person who is a payee under a structured settlement annuity, or beneficiary of a payee if the payee is deceased, if the payee: (A) Is a resident, regardless of where the contract owner resides; or (B) Is not a resident, but only under both of the following conditions: (i)(I) The contract owner of the structured settlement annuity is a resident; or (II) The contract owner of the structured settlement annuity is not a resident, but the insurer that issued the structured settlement annuity is domiciled in this state and the state in which the contract owner resides has an association similar to the association created by this chapter; and (ii) Neither the payee or beneficiary nor the contract owner is eligible for coverage by the association of the state in which the payee or contract owner resides. (4) This chapter shall not provide coverage to: (A) A person who is a payee or beneficiary of a contract owner who is a resident of this state, if the payee or beneficiary is afforded any coverage by the association of another state; or (B) A person covered under paragraph (2) of this subsection, if any coverage is provided by the association of another state to that person. (5) This chapter is intended to provide coverage to a person who is a resident of this state and, in special circumstances, to a nonresident. In order to avoid duplicate coverage, if a person who would otherwise receive coverage under this chapter is provided coverage under the laws of any other state, the person shall not be provided coverage under this chapter. In determining the application of the provisions of this 4692 JOURNAL OF THE SENATE subsection in situations where a person could be covered by the association of more than one state, whether as an owner, payee, beneficiary, or assignee, this chapter shall be construed in conjunction with other state laws to result in coverage by only one association. (c) This chapter shall not apply provide coverage to: (1) That portion or part of a variable life insurance or variable annuity policy or contract not guaranteed by an insurer;, or (2) That portion or part of any policy or contract under which the risk is borne by the policyholder policy or contract owner; (3)(2) A policy or contract of reinsurance or any Any policy or contract or part thereof assumed by the impaired or insolvent insurer under a contract of reinsurance, other than reinsurance for which unless assumption certificates have been issued pursuant to the reinsurance policy or contract; (3) A portion of a policy or contract to the extent that the rate of interest on which it is based, or the interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value: (A) Averaged over the period of four years prior to the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting two percentage points from Moody's Corporate Bond Yield Average averaged for that same four-year period or for such lesser period if the policy or contract was issued less than four years before the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier; and (B) On and after the date on which the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier, exceeds the rate of interest determined by subtracting three percentage points from Moody's Corporate Bond Yield Average as most recently available; (4) Any policy, contract, certificate, or subscriber agreement issued by a nonprofit hospital service corporation referred to in Chapter 19 of this title, a health care plan referred to in Chapter 20 of this title, a nonprofit medical service corporation referred to in Chapter 18 of this title, a prepaid legal services plan, as defined in Code Section 33-35-2, and a health maintenance organization, as defined in Code Section 33-21-1; (5) Any policy, contract, or certificate issued by a fraternal benefit society, as defined in Code Section 33-15-1; (6) Accident and sickness insurance as defined in Code Section 33-7-2 when written by a property and casualty insurer as part of an automobile insurance contract; (7) A portion of a policy or contract issued to a plan or program of an employer, association, or other person to provide life, health, or annuity benefits to its employees, members, or others, to the extent that the plan or program is self-funded or uninsured, including, but not limited to, benefits payable by an employer, association, or other person under: (A) A multiple employer welfare arrangement as defined in 29 U.S.C. Section THURSDAY, MARCH 29, 2012 4693 1002(40); (B) A minimum premium group insurance plan; (C) A stop-loss insurance policy; or (D) An administrative services only contract; (8) A portion of a policy or contract to the extent that it provides for: (A) Dividends or experience rating credits; (B) Voting rights; or (C) Payment of any fees or allowances to any person, including the policy or contract owner, in connection with the service to or administration of the policy or contract; (9) A policy or contract issued in this state by a member insurer at a time when it was not licensed or did not have a certificate of authority to issue the policy or contract in this state; (7)(10) Any unallocated annuity contract issued to an employee benefit plan protected under the federal Pension Benefit Guaranty Corporation, regardless of whether the federal Pension Benefit Guaranty Corporation has yet become liable to make any payments with respect to the benefit plan; or (8)(11) Any portion of any unallocated annuity contract which is not issued to or in connection with a specific employee, union, or association of natural persons benefit plan or a government lottery; (12) A portion of a policy or contract to the extent that the assessments required by Code Section 33-38-15 with respect to the policy or contract are preempted by federal or state law; (13) An obligation that does not arise under the express written terms of the policy or contract issued by the insurer to the contract owner or policy owner, including without limitation: (A) Claims based on marketing materials; (B) Claims based on side letters, riders, or other documents that were issued by the insurer without meeting applicable policy form filing or approval requirements; (C) Misrepresentations of or regarding policy benefits; (D) Extra-contractual claims; or (E) A claim for penalties or consequential or incidental damages; (14) A contractual agreement that establishes the member insurer's obligations to provide a book value accounting guaranty for defined contribution benefit plan participants by reference to a portfolio of assets that is owned by the benefit plan or its trustee, which in each case is not an affiliate of the member insurer; (15) A portion of a policy or contract to the extent it provides for interest or other changes in value to be determined by the use of an index or other external reference stated in the policy or contract, but which have not been credited to the policy or contract, or as to which the policy or contract owner's rights are subject to forfeiture, as of the date the member insurer becomes an impaired or insolvent insurer under this chapter, whichever is earlier. If a policy's or contract's interest or changes in value are credited less frequently than annually, then for purposes of determining the values 4694 JOURNAL OF THE SENATE that have been credited and are not subject to forfeiture under this paragraph, the interest or change in value determined by using the procedures defined in the policy or contract will be credited as if the contractual date of crediting interest or changing values was the date of impairment or insolvency, whichever is earlier, and will not be subject to forfeiture; or (16) A policy or contract providing any hospital, medical, prescription drug, or other health care benefits pursuant to Part C or Part D of Subchapter XVIII, Chapter 7 of Title 42 of the United States Code, commonly known as Medicare Part C & D, or any regulations issued pursuant thereto. (d) The provisions of this Code section shall apply only to coverage the guaranty association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency after the effective date of this Code section. 33-38-3. This chapter shall be liberally construed to effect the purpose set forth in Code Section 33-38-1, which Code section shall constitute an aid and guide to interpretation. 33-38-4. As used in this chapter, the term: (1) 'Account' means any of the two accounts created under Code Section 33-38-5. (2) 'Affiliate' means any person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with the person specified. (3) 'Association' means the Georgia Life and Health Insurance Guaranty Association created under Code Section 33-38-5. (4) 'Authorized assessment,' or 'authorized' when used in the context of assessments, means a resolution by the board of directors of the association has been passed whereby an assessment will be called immediately or in the future from member insurers for a specified amount. An assessment is authorized when the resolution is passed. (5) 'Benefit plan' means a specific employee, union, or association of natural persons benefit plan. (6) 'Called assessment,' or 'called' when used in the context of assessments, means that a notice has been issued by the association to member insurers requiring that an authorized assessment be paid within the time frame set forth within the notice. An authorized assessment becomes a called assessment when notice is mailed by the association to member insurers. (4)(7) 'Contractual obligation' means any obligation under a covered policies or contracts policy, contract, or certificate under a group policy or contract, or portion thereof for which coverage is provided under Code Section 33-38-2. Notwithstanding any other provision of this chapter, 'contractual obligation' shall not include a claim filed after the final date set by the court for the filing of claims against the liquidator THURSDAY, MARCH 29, 2012 4695 or other such court appointed authority. (5)(8) 'Control' or 'controlled' means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise. (6)(9) 'Covered policy' means any a policy or contract within the scope of this chapter or portion of a policy or contract for which coverage is provided under Code Section 33-38-2. (7) 'Health insurance' means accident and sickness insurance, as that class of insurance is defined in Code Section 33-7-2. (10) 'Extra-contractual claims' shall include, for example, any claim not authorized by, or outside the scope of, the underlying policy or contract to include any claim based on bad faith, punitive or exemplary damages, treble damages, prejudgment or postjudgment interest, attorney's fees, or costs of litigation. (8)(11) 'Impaired insurer' means a member insurer deemed by the Commissioner which is not an insolvent insurer and is placed under an order of rehabilitation or conservation by a court of competent jurisdiction on or after July 1, 1981, to be potentially unable to fulfill its contractual obligations but not an insolvent insurer. (9)(12) 'Insolvent insurer' means a member insurer against which a final an order of liquidation containing a finding of insolvency has been entered by a court of competent jurisdiction on or after July 1, 1981. (10)(13) 'Member insurer' means any insurer which is licensed or which holds a certificate of authority to transact in this state any kind of insurance for which coverage is provided under Code Section 33-38-2 and includes any insurer whose license or certificate of authority in this state may have been suspended, revoked, not renewed, or voluntarily withdrawn, but does not include: (A) A nonprofit hospital or medical service corporation, whether profit or nonprofit; (B) A health care corporation; (C) A health maintenance organization; (D) A fraternal benefit society; (E) A mandatory state pooling plan; (F) A mutual assessment company or any entity that operates on an assessment basis; (G) An insurance exchange; or (H) An organization that has a certificate or license limited to the issuance of charitable gift annuities under Code Sections 33-58-1 through 33-58-6; or (I) Any entity similar to those described in subparagraphs (A) through (G) (H) of this paragraph. (14) 'Moody's Corporate Bond Yield Average' means the Monthly Average Corporates as published by Moody's Investors Service, Inc., or any successor thereto. (15) 'Owner' of a policy or contract and 'policy owner' and 'contract owner' mean the person who is identified as the legal owner under the terms of the policy or contract or 4696 JOURNAL OF THE SENATE who is otherwise vested with legal title to the policy or contract through a valid assignment completed in accordance with the terms of the policy or contract and properly recorded as the owner on the books of the insurer. The terms 'owner,' 'contract owner,' and 'policy owner' shall not include persons with a mere beneficial interest in a policy or contract. (11)(16) 'Person' means any individual, corporation, limited liability company, partnership, association, governmental body or entity, or voluntary organization. (17) 'Plan sponsor' means: (A) The employer in the case of a benefit plan established or maintained by a single employer; (B) The employee organization in the case of a benefit plan established or maintained by an employee organization; or (C) In a case of a benefit plan established or maintained by two or more employers or jointly by one or more employers and one or more employee organizations, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan. (12)(18) 'Premiums' means direct gross insurance premiums and annuity amounts or considerations, by whatever name called, received on covered policies or contracts, less return returned premiums, and considerations and deposits thereon and less dividends paid or credited to policyholders on such direct business and experience credits. The term 'premiums' does shall not include premiums and: (A) Amounts or considerations on received for policies or contracts between insurers and reinsurers. or for the portions of policies or contracts for which coverage is not provided under this chapter except that assessable premium shall not be reduced on account of paragraph (3) of subsection (c) of Code Section 33-38-2, relating to interest limitations, and paragraph (12) of Code Section 33-38-7, relating to limitations with respect to one individual, one participant, and one contract owner; The term 'premiums' does not include any premiums (B) Premiums in excess of $5 million on any an unallocated annuity contract; or (C) With respect to multiple nongroup policies of life insurance owned by one owner, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, premiums in excess of $5 million with respect to these policies or contracts, regardless of the number of policies or contracts held by the owner. (19)(A) 'Principal place of business' of a plan sponsor or a person other than a natural person means the single state in which the natural persons who establish policy for the direction, control, and coordination of the operations of the entity as a whole primarily exercise that function, determined by the association in its reasonable judgment by considering the following factors: (i) The state in which the primary executive and administrative headquarters of the entity is located; (ii) The state in which the principal office of the chief executive officer of the entity is located; THURSDAY, MARCH 29, 2012 4697 (iii) The state in which the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (iv) The state in which the executive or management committee of the board of directors, or similar governing person or persons, of the entity conducts the majority of its meetings; (v) The state from which the management of the overall operations of the entity is directed; and (vi) In the case of a benefit plan sponsored by affiliated companies comprising a consolidated corporation, the state in which the holding company or controlling affiliate has its principal place of business as determined using the above factors. However, in the case of a plan sponsor, if more than 50 percent of the participants in the benefit plan are employed in a single state, that state shall be deemed to be the principal place of business of the plan sponsor. (B) The principal place of business of a plan sponsor of a benefit plan described in subparagraph (C) of paragraph (17) of this Code section shall be deemed to be the principal place of business of the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the benefit plan that, in lieu of a specific or clear designation of a principal place of business, shall be deemed to be the principal place of business of the employer or employee organization that has the largest investment in the benefit plan in question. (20) 'Receivership court' means the court in the insolvent or impaired insurer's state having jurisdiction over the conservation, rehabilitation, or liquidation of the insurer. (13)(21) 'Resident' means any person who is domiciled resides in this state at the time a member insurer is determined to be an impaired or insolvent insurer and to whom contractual obligations are owed. A person may be a resident of only one state, which, in the case of a person other than a natural person, shall be its principal place of business. Citizens of the United States who are either residents of foreign countries or residents of United States possessions, territories, or protectorates that do not have an association similar to the association created by this chapter shall be deemed residents of the state of domicile of the insurer that issued the policies or contracts. (22) 'State' means a state, the District of Columbia, Puerto Rico, and a United States possession, territory, or protectorate. (23) 'Structured settlement annuity' means an annuity purchased in order to fund periodic payments for a plaintiff or other claimant in payment for or with respect to personal injury suffered by the plaintiff or other claimant. (24) 'Supplemental contract' means a written agreement entered into for the distribution of proceeds under a life, health, or annuity policy or contract. (25) 'Unallocated annuity contract' means an annuity contract or group annuity certificate which is not issued to and owned by an individual, except to the extent of any annuity benefits guaranteed to an individual by an insurer under the contract or certificate. 4698 JOURNAL OF THE SENATE 33-38-5. (a) There is created a nonprofit, unincorporated association to be known as the Georgia Life and Health Insurance Guaranty Association. All member insurers shall be and remain members of the association as a condition of their authority to transact insurance in this state. The association shall perform its functions under the plan of operation established and approved under Code Section 33-38-8 and shall exercise its powers through a board of directors established under Code Section 33-38-6. (b) The association shall come under the immediate supervision of the Commissioner and shall be subject to the applicable provisions of the insurance laws of this state. (c) For purposes of administration and assessment, the association shall maintain two accounts: (1) the health insurance account; and (2) the life insurance and annuity account. The life insurance and annuity account shall contain three subaccounts: (A) the life insurance account; (B) the annuity account; and (C) the unallocated annuity account which shall include contracts qualified under Section 403(b) of the United States Internal Revenue Code. (d) For purposes of assessment, supplementary supplemental contracts shall be covered under the account in which the basic policy is covered. 33-38-6. (a) The board of directors of the association shall consist of seven members and shall at all times contain at least one member from a domestic insurer. The members, who shall not be considered employees of the Insurance Department, shall be appointed as follows: (1) The Commissioner shall compile a list of the two stock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under Code Section 33-38-5; he shall compile a list of the two nonstock insurers most likely to incur the largest assessment, per insurer, for each of the accounts under Code Section 33-38-5; and he shall compile a list of the two domestic insurers, either stock or nonstock, most likely to incur the largest assessment, for each of the accounts listed under Code Section 33-38-5. The Commissioner shall solicit from these 18 insurers the names of 18 individuals as nominees for members to the board of directors. The Commissioner shall thereupon separately certify in writing the nominations from stock and nonstock insurers and separately for each account; (2) From the nominations so certified for each such account, the Commissioner shall appoint one stock member and one nonstock member to the board of directors until six directors have been appointed. Then the Commissioner shall appoint from the remaining nominations the chairman of the board who shall also be its chief executive; and (a) The board of directors of the association shall consist of not less than five nor more than nine member insurers serving terms as established in the plan of operation. The members of the board shall be selected by the Commissioner from a list provided to the Commissioner from the board. Vacancies on the board shall be filled for the remaining period of the term by a majority vote of the remaining board members, subject to the approval of the Commissioner. THURSDAY, MARCH 29, 2012 4699 (3)(b) In approving selections or in appointing of members to the board, the Commissioner shall consider, among other things, whether all member insurers are fairly represented. (b) Any member may be removed from office by the Commissioner when, in his judgment, the public interest may so require. (c) Each member so appointed shall serve for a term of three years and until his successor has been appointed and qualified. (d) If there occurs, for any reason, a vacancy in the board of directors, the Commissioner shall appoint a member to fill the unexpired term of office from the nominations as heretofore described. (e)(c) Members of the board may be reimbursed from the assets of the association for reasonable expenses incurred by them in their capacity as members of the board of directors, but members of the board shall not otherwise be compensated by the association for their services. 33-38-7. (a) In addition to the powers and duties enumerated elsewhere in this chapter, the association shall have the following powers and duties: (1) Whenever If a domestic member insurer is an impaired insurer, the association, subject to any conditions, other than those conditions which impair the contractual obligations of the impaired insurer, imposed by the association and approved by the impaired insurer and the Commissioner, may, in its discretion: (A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, any or all of the covered policies or contracts of the impaired insurer; and (B) Provide such moneys, pledges, loans, notes, guarantees, or other means as are proper to effectuate subparagraph (A) of this paragraph and assure payment of the contractual obligations of the impaired insurer pending action under subparagraph (A) of this paragraph; and (C) Loan money to the impaired insurer; (2) Whenever If a domestic member insurer is an insolvent insurer, the association shall, subject to the approval of the Commissioner in its discretion, either: (A)(i)(I) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies or contracts of the insolvent insurer; or (B)(II) Assure payment of the contractual obligations of the insolvent insurer; and (C)(ii) Provide such moneys, pledges, loans, notes, guarantees, or other means as are reasonably necessary to discharge such the association's duties; or (3) Whenever a foreign or alien insurer is an insolvent insurer, the association shall, subject to the approval of the Commissioner: (A) Guarantee, assume, or reinsure, or cause to be guaranteed, assumed, or reinsured, the covered policies of residents; (B) Assure payment of the contractual obligations of the insolvent insurer to residents; and 4700 JOURNAL OF THE SENATE (C) Provide such moneys, pledges, notes, guarantees, or other means as are reasonably necessary to discharge such duties. This paragraph shall not apply where the Commissioner has determined that the foreign or alien insurer's domiciliary jurisdiction or state of entry provides protection by statute substantially similar to that provided by this chapter for residents of this state; (B) Provide benefits and coverages in accordance with the following provisions: (i) With respect to life and health insurance policies and annuities, assure payment of benefits for premiums identical to the premiums and benefits, except for terms of conversion and renewability, that would have been payable under the policies or contracts of the insolvent insurer, for claims incurred: (I) With respect to group policies and contracts, not later than the earlier of the next renewal date under those policies or contracts or 45 days, but in no event less than 30 days, after the date on which the association becomes obligated with respect to the policies and contracts; and (II) With respect to nongroup policies, contracts, and annuities, not later than the earlier of the next renewal date, if any, under the policies or contracts or one year, but in no event less than 30 days, from the date on which the association becomes obligated with respect to the policies or contracts; (ii) Make diligent efforts to provide all known insureds or annuitants, for nongroup policies and contracts, or group policy owners with respect to group policies and contracts, 30 days' notice of the termination, pursuant to division (i) of this subparagraph, of the benefits provided; (iii) With respect to nongroup life and health insurance policies and annuities covered by the association, make available to each known insured or annuitant, or owner if other than the insured or annuitant, and with respect to an individual formerly insured or formerly an annuitant under a group policy who is not eligible for replacement group coverage, make available substitute coverage on an individual basis in accordance with the provisions of division (iv) of this subparagraph, if the insureds or annuitants had a right under law or the terminated policy or annuity to convert coverage to individual coverage or to continue an individual policy or annuity in force until a specified age or for a specified time, during which the insurer had no right unilaterally to make changes in any provision of the policy or annuity or had a right only to make changes in premium by class; (iv) In providing the substitute coverage required under division (iii) of this subparagraph, the association may offer either to reissue the terminated coverage or to issue an alternative policy. Alternative or reissued policies shall be offered without requiring evidence of insurability and shall not provide for any waiting period or exclusion that would not have applied under the terminated policy. The association may reinsure any alternative or reissued policy; (v)(I) Alternative policies adopted by the association shall be subject to the approval of the domiciliary insurance commissioner. The association may adopt THURSDAY, MARCH 29, 2012 4701 alternative policies of various types for future issuance without regard to any particular impairment or insolvency. (II) Alternative policies shall contain at least the minimum statutory provisions required in this state and provide benefits that shall not be unreasonable in relation to the premium charged. The association shall set the premium in accordance with a table of rates that it shall adopt. The premium shall reflect the amount of insurance to be provided and the age and class of risk of each insured, but shall not reflect any changes in the health of the insured after the original policy was last underwritten. (III) Any alternative policy issued by the association shall provide coverage of a type similar to that of the policy issued by the impaired or insolvent insurer, as determined by the association; (vi) If the association elects to reissue terminated coverage at a premium rate different from that charged under the terminated policy, the premium shall be set by the association in accordance with the amount of insurance provided and the age and class of risk, subject to approval of the domiciliary insurance commissioner and the receivership court; (vii) The association's obligations with respect to coverage under any policy of the impaired or insolvent insurer or under any reissued or alternative policy shall cease on the date the coverage or policy is replaced by another similar policy by the policy owner, the insured, or the association; and (viii) When proceeding under this subparagraph with respect to a policy or contract carrying guaranteed minimum interest rates, the association shall assure the payment or crediting of a rate of interest consistent with paragraph (3) of subsection (c) of Code Section 33-38-2; (3) Nonpayment of premiums within 31 days after the date required under the terms of any guaranteed, assumed, alternative, or reissued policy or contract or substitute coverage shall terminate the association's obligations under the policy or coverage under this chapter with respect to the policy or coverage, except with respect to any claims incurred or any net cash surrender value which may be due in accordance with the provisions of this chapter; (4) Premiums due for coverage after entry of an order of liquidation of an insolvent insurer shall belong to and be payable at the direction of the association. The association shall be liable for unearned premiums due to policy or contract owners arising after the entry of the order; (5) The protection provided by this chapter shall not apply where any guaranty protection is provided to residents of this state by the laws of the domiciliary state or jurisdiction of the impaired or insolvent insurer other than this state; (4)(A)(6) In carrying out its duties under paragraphs paragraph (2) and (3) of this Code section, the association may: impose permanent policy liens or contract liens in connection with any guarantee, assumption, or reinsurance agreement if the court: (i) Finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the insolvent 4702 JOURNAL OF THE SENATE insurer's contractual obligations or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of policy or contract liens to be in the public interest; and (ii) Approves the specific policy liens or contract liens to be used. (A) Subject to approval by a court in this state, impose permanent policy or contract liens in connection with a guarantee, assumption, or reinsurance agreement, if the association finds that the amounts which can be assessed under this chapter are less than the amounts needed to assure full and prompt performance of the association's duties under this chapter, or that the economic or financial conditions as they affect member insurers are sufficiently adverse to render the imposition of such permanent policy or contract liens, to be in the public interest; and (B) Before being obligated under paragraphs (2) and (3) of this Code section, the association may request that there be imposed temporary moratoriums or liens on payments of cash values and policy loans in addition to any contractual provisions for deferral of such cash value payments or policy loans. Such temporary moratoriums and liens may be imposed if they are approved by a court of competent jurisdiction Subject to approval by a court in this state, impose temporary moratoriums or liens on payments of cash values and policy loans, or any other right to withdraw funds held in conjunction with policies or contracts, in addition to any contractual provisions for deferral of cash or policy loan value. In addition, in the event of a temporary moratorium or moratorium charge imposed by the receivership court on payment of cash values or policy loans, or on any other right to withdraw funds held in conjunction with policies or contracts, out of the assets of the impaired or insolvent insurer, the association may defer the payment of cash values, policy loans, or other rights by the association for the period of the moratorium or moratorium charge imposed by the receivership court, except for claims covered by the association to be paid in accordance with a hardship procedure established by the liquidator or rehabilitator and approved by the receivership court; (7) A deposit in this state, held pursuant to law or required by the Commissioner for the benefit of creditors, including policy owners, not turned over to the domiciliary liquidator upon the entry of a final order of liquidation or order approving a rehabilitation plan of an insurer domiciled in this state or in a reciprocal state, pursuant to Code Sections 33-3-8 through 33-3-10, shall be promptly paid to the association. The association shall be entitled to retain a portion of any amount so paid to it equal to the percentage determined by dividing the aggregate amount of policy owners claims related to that insolvency for which the association has provided statutory benefits by the aggregate amount of all policy owners' claims in this state related to that insolvency and shall remit to the domiciliary receiver the amount so paid to the association less the amount retained pursuant to this paragraph. Any amount so paid to the association and retained by it shall be treated as a distribution of estate assets pursuant to applicable state receivership law dealing with early access disbursements. (5)(8) If the association fails to act within a reasonable period of time with respect to THURSDAY, MARCH 29, 2012 4703 an insolvent insurer, as provided in paragraphs paragraph (2) and (3) of this Code section, the Commissioner shall have the powers and duties of the association under this chapter with respect to the insolvent insurers; (6)(9) Upon his the Commissioner's request, the association may render assistance and advice to the Commissioner concerning rehabilitation, payment of claims, continuance of coverage, or the performance of other contractual obligations of any impaired or insolvent insurer; (7)(10) The association shall have standing to appear or intervene before any court or agency in this state with jurisdiction over an impaired or insolvent insurer concerning which the association is or may become obligated under this chapter or with jurisdiction over any person or property against which the association may have rights through subrogation or otherwise. Such standing shall extend to all matters germane to the powers and duties of the association, including but not limited to proposals for reinsuring, modifying, or guaranteeing the covered policies or contracts of the impaired or insolvent insurer and the determination of the covered policies or contracts and contractual obligations. The association shall also have the right to appear or intervene before a court or agency in another state with jurisdiction over an impaired or insolvent insurer for which the association is or may become obligated or with jurisdiction over any person or property against whom the association may have rights through subrogation or otherwise; (8)(A)(11)(A) Any person receiving benefits under this chapter shall be deemed to have assigned the rights under, and any causes of action against any person for losses arising under, resulting from, or otherwise relating to, the covered policy or contract to the association to the extent of the benefits received because of this chapter, whether the benefits are payments of or on account of contractual obligations, or continuation of coverage, or provision of substitute or alternative coverages. The association may require an assignment to it of such rights and causes of action by any payee, policy or contract owner, beneficiary, insured, or annuitant as a condition precedent to the receipt of any rights or benefits conferred by this chapter upon such person. The association shall be subrogated to these rights against the assets of any impaired or insolvent insurer. (B) The subrogation rights of the association under this paragraph shall have the same priority against the assets of the impaired or insolvent insurer as that possessed by the person entitled to receive benefits under this chapter;. (C) In addition to subparagraphs (A) and (B) of this paragraph, the association shall have all common law rights of subrogation and any other equitable or legal remedy that would have been available to the impaired or insolvent insurer or owner, beneficiary, or payee of a policy or contract with respect to the policy or contracts. (D) If subparagraphs (A) through (C) of this paragraph are invalid or ineffective with respect to any person or claim for any reason, the amount payable by the association with respect to the related covered obligations shall be reduced by the amount realized by any other person with respect to the person or claim that is attributable to the policies, or portion thereof, covered by the association. 4704 JOURNAL OF THE SENATE (E) If the association has provided benefits with respect to a covered obligation and a person recovers amounts as to which the association has rights as described in this paragraph, the person shall pay to the association the portion of the recovery attributable to the policies, or portion thereof, covered by the association; (9) The contractual obligations of the insolvent insurer for which the association becomes or may become liable shall be as great as, but no greater than, the contractual obligations of the insolvent insurer would have been in the absence of an insolvency, unless such obligations are reduced as permitted by paragraph (4) of this Code section. With respect to any one contract holder covered by an unallocated annuity contract, the association shall be liable for not more than $5 million in benefits irrespective of the number of such contracts held by that contract holder. With respect to any other covered policy, the aggregate liability of the association on any one life shall not exceed $100,000.00 with respect to the payment of cash values or $300,000.00 for all benefits including cash values; provided, however, that with respect to claims under policies written to provide benefits as required under Chapter 9 of Title 34, relating to workers' compensation, such claims shall be in the full amount as provided by such chapter; and (12) The benefits that the association may become obligated to cover shall in no event exceed the lesser of: (A) The contractual obligations for which the insurer is liable or would have been liable if it were not an impaired or insolvent insurer; (B) With respect to one life, regardless of the number of policies or contracts: (i) The amount of $300,000.00 in life insurance death benefits, but not more than $100,000.00 in net cash surrender and net cash withdrawal values for life insurance; (ii) In health insurance benefits, $300,000.00 for disability insurance; $300,000.00 for long-term care insurance; $300,000.00 for health insurance other than disability insurance as referenced above, long-term care insurance as referenced above, and basic hospital, medical, and surgical insurance or major medical insurance as referenced below, including any net cash surrender and net cash withdrawal values; and $500,000.00 for basic hospital, medical, and surgical insurance or major medical insurance; and (iii) The amount of $300,000.00 in the present value of annuity benefits, but not more than $250,000.00 in net cash surrender and net cash withdrawal values for an annuity; (C) With respect to each payee of a structured settlement annuity, or beneficiary or beneficiaries of the payee if deceased, $300,000.00 in present value annuity benefits, in the aggregate, including net cash surrender and net cash withdrawal values, if any; (D) However, in no event shall the association be obligated to cover more than: (i) An aggregate of $300,000.00 in benefits with respect to any one life under subparagraph (B) of this paragraph except with respect to benefits for basic hospital, medical, and surgical insurance and major medical insurance under THURSDAY, MARCH 29, 2012 4705 division (ii) of this subparagraph, in which case the aggregate liability of the association shall not exceed $500,000.00 with respect to any one individual; or (ii) With respect to one owner of multiple nongroup policies of life insurance, whether the policy owner is an individual, firm, corporation, or other person, and whether the persons insured are officers, managers, employees, or other persons, more than $5 million in benefits, regardless of the number of policies and contracts held by the owner; (E) With respect to either one contract owner provided coverage under subparagraph (b)(2)(B) of Code Section 33-38-2 or one plan sponsor whose plans own directly or in trust one or more unallocated annuity contracts, $5 million in benefits, regardless of the number of contracts with respect to the contract owner or plan sponsor. However, in the case where one or more unallocated annuity contracts are covered contracts under this chapter and are owned by a trust or other entity for the benefit of two or more plan sponsors, coverage shall be afforded by the association if the largest interest in the trust or entity owning the contract or contracts is held by a plan sponsor whose principal place of business is in this state and in no event shall the association be obligated to cover more than $5 million in benefits with respect to all these unallocated contracts; and (F) The limitations set forth in this paragraph are limitations on the benefits for which the association is obligated before taking into account either its subrogation and assignment rights or the extent to which those benefits could be provided out of the assets of the impaired or insolvent insurer attributable to covered policies. The costs of the association's obligations under this chapter may be met by the use of assets attributable to covered policies or reimbursed to the association pursuant to its subrogation and assignment rights; (13) In performing its obligations to provide coverage under Code Section 33-38-7, the association shall not be required to guarantee, assume, reinsure, or perform, or cause to be guaranteed, assumed, reinsured, or performed, the contractual obligations of the insolvent or impaired insurer under a covered policy or contract that do not materially affect the economic values or economic benefits of the covered policy or contract; (10)(14) In addition to the rights and powers elsewhere in this chapter, the The association may: (A) Enter into such contracts as are necessary or proper to carry out the provisions and purposes of this chapter; (B) Bring or defend actions Sue or be sued, including the right to seek a declaratory judgment in any superior court of this state as to uncertainties with respect to the payment of benefits under this Code section. The association may also take taking any legal actions necessary or proper for recovery of any unpaid assessments under Code Section 33-38-15 and may settle claims or potential claims against it; (C) Borrow money to effect the purposes of this chapter. Any notes or other evidence of indebtedness of the association not in default shall be legal investments for domestic insurers and may be carried as admitted assets; 4706 JOURNAL OF THE SENATE (D) Employ or retain such persons as are necessary to handle the financial transactions of the association and to perform such other functions as become necessary or proper under this chapter; (E) Negotiate and contract with any liquidator, rehabilitator, conservator, or ancillary receiver to carry out the powers and duties of the association; (F) Take such legal action as may be necessary to avoid payment of improper claims; and (G) Exercise, for the purposes of this chapter and to the extent approved by the Commissioner, the powers of a domestic life or health insurer; but in no case may the association issue insurance policies or annuity contracts other than those necessary issued to perform the contractual its obligations of the impaired or insolvent insurer. under this chapter; (15) Organize itself as a corporation or in other legal form permitted by the laws of the state; (16) Request information from a person seeking coverage from the association in order to aid the association in determining its obligations under this chapter with respect to the person, and the person shall promptly comply with the request; (17) Take other necessary or appropriate action to discharge its duties and obligations under this chapter or to exercise its powers under this chapter; (18) The association may join an organization of one or more other state associations of similar purposes, to further the purposes and administer the powers and duties of the association; (19) With respect to covered policies for which the association becomes obligated after an entry of an order of liquidation, the association may elect to succeed to the rights of the insolvent insurer arising after the order of liquidation under any contract of reinsurance to which the insolvent insurer was a party, to the extent such contract provides coverage for losses occurring after the date of the order of liquidation. As a condition to making such election, the association must pay all unpaid premiums due under the contract for coverage relating to periods before and after the date on which the order of liquidation was entered; (20) The board of directors shall have discretion and may exercise reasonable business judgment to determine the means by which the association is to provide the benefits of this chapter in an economical and efficient manner; (21) Where the association has arranged or offered to provide the benefits of this chapter to a covered person under a plan or arrangement that fulfills the association's obligations under this chapter, the person shall not be entitled to benefits from the association in addition to or other than those provided under the plan or arrangement; (22) Exclusive venue in any action by or against the association is in the Superior Court of DeKalb County. The association may, at its option, waive such venue as to specific actions. The association shall not be required to give an appeal bond in an appeal that relates to a cause of action arising under this chapter; and (23) In carrying out its duties in connection with guaranteeing, assuming, or reinsuring policies or contracts under paragraph (1) or (2) of this Code section, the THURSDAY, MARCH 29, 2012 4707 association may, subject to approval of the receivership court, issue substitute coverage for a policy or contract that provides an interest rate, crediting rate, or similar factor determined by use of an index or other external reference stated in the policy or contract employed in calculating returns or changes in value by issuing an alternative policy or contract in accordance with the following provisions: (A) In lieu of the index or other external reference provided for in the original policy or contract, the alternative policy or contract provides for a fixed interest rate, payment of dividends with minimum guarantees, or a different method for calculating interest or changes in value; (B) There is no requirement for evidence of insurability, waiting period, or other exclusion that would not have applied under the replaced policy or contract; and (C) The alternative policy or contract is substantially similar to the replaced policy or contract in all other material terms. (b) The provisions of this Code section shall apply only to coverage the guaranty association provides in connection with any member insurer that is placed under an order of liquidation with a finding of insolvency after the effective date of this Code section. 33-38-8. (a) The association shall submit to the Commissioner a plan of operation and any amendments thereto necessary or suitable to assure the fair, reasonable, and equitable administration of the association. The plan of operation and any amendments thereto shall become effective upon approval in writing by the Commissioner. If the association fails to submit a suitable plan of operation within 180 days following July 1, 1981, or, if at any time thereafter the association fails to submit suitable amendments to the plan, the Commissioner shall, after notice and hearing, adopt and promulgate such reasonable rules as are necessary or advisable to effectuate the provisions of this chapter. Such rules shall continue in force until modified by the Commissioner or superseded by a plan submitted by the association and approved in writing by the Commissioner. (b) All member insurers shall comply with the plan of operation. (c) The plan of operation shall, in addition to requirements enumerated elsewhere in this chapter: (1) Establish procedures for handling the assets of the association; (2) Establish the amount and method of reimbursing members of the board of directors under Code Section 33-38-6; (3) Establish regular places and times for meetings of the board of directors; (4) Establish procedures for records to be kept of all financial transactions of the association, its agents, and the board of directors; (5) Establish any additional procedures for assessments under Code Section 33-3815; and (6) Contain additional provisions necessary or proper for the execution of the powers and duties of the association. 4708 JOURNAL OF THE SENATE 33-38-9. The plan of operation described in Code Section 33-38-8 may provide that any or all powers and duties of the association, except those under subparagraph (C) of paragraph (10)(14) of Code Section 33-38-7 and Code Section 33-38-15, shall be delegated to a corporation, association, or other organization which performs or will perform functions similar to those of this association or its equivalent in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the association and shall be paid for its performance of any function of the association. A delegation under this Code section shall take effect only with the approval of both the board of directors and the Commissioner and may be made only to a corporation, association, or organization which extends protection not substantially less favorable and effective than that provided for by this chapter. 33-38-10. In addition to the duties and powers enumerated elsewhere in this chapter: (1) The Commissioner shall: (A) Upon request of the board of directors, provide the association with a statement of the premiums in the appropriate states for each member insurer; and (B) When an impairment is declared and the amount of the impairment is determined, serve a demand upon the impaired insurer to make good the impairment within a reasonable time. Notice to the impaired insurer shall constitute notice to its shareholders, if any. The failure of the insurer to comply promptly with such demand shall not excuse the association from the performance of its powers and duties under this chapter; and (2) The Commissioner may suspend or revoke, after notice and hearing, the certificate of authority to transact insurance in this state of any member insurer which fails to pay an assessment when due or fails to comply with the plan of operation. 33-38-11. Records shall be kept of all negotiations and meetings in which the association or its representatives are involved to discuss the activities of the association in carrying out its powers and duties under Code Section 33-38-7. Records The records of such negotiations or meetings shall be made public only upon the association with respect to an impaired or insolvent insurer shall not be disclosed prior to the termination of a liquidation, rehabilitation, or conservation proceeding involving the impaired or insolvent insurer, except (a) upon the termination of the impairment or insolvency of the insurer, or (b) upon the order of a court of competent jurisdiction. Nothing in this Code section shall limit the duty of the association to render a report of its activities under Code Section 33-38-12. 33-38-12. The association shall be subject to examination and regulation by the Commissioner. Notwithstanding the foregoing, whether such examinations shall be conducted and the THURSDAY, MARCH 29, 2012 4709 frequency of any such examination shall be at the sole discretion of the Commissioner. The board of directors shall submit to the Commissioner not later than May 1 of each year a financial report and a report of its activities for the preceding calendar year on forms approved by the Commissioner. 33-38-13. The association shall be exempt from all taxation in this state based upon income or gross receipts and shall likewise be exempt from all state and local occupation license and business fees and occupation license and business taxes. 33-38-14. There shall be no liability on the part of and no cause of action of any nature shall arise against any member insurer or its agents or employees, the association or its agents or employees, members of the board of directors, or the Commissioner or his or her representatives, for any action taken or omission by them in the performance of their powers and duties under this chapter. This immunity shall extend to the participation in any organization of one or more other state associations of similar purposes and to any such organization and its agents or employees. 33-38-15. (a) For the purpose of providing the funds necessary to carry out the powers and duties of the association, the board of directors shall assess the member insurers separately for the health account and for each subaccount of the life insurance and annuity account at such time and for such amounts as the board finds necessary. Assessment shall be due not less than 30 days after prior written notice to the member insurers. (b) There shall be two classes of assessments, as follows: (1) Class A assessments shall be made authorized and called for the purpose of meeting administrative costs and legal and other general expenses not related to a particular impaired or insolvent insurer, and examinations conducted under the authority of subsection (c) of Code Section 33-38-16; and (2) Class B assessments shall be made authorized and called to the extent necessary to carry out the powers and duties of the association under Code Section 33-38-7 with regard to an impaired or insolvent insurer. (c)(1) The amount of any Class A assessment shall be determined by the board of directors and may be made on a pro rata or non-pro rata basis. If a Class A assessment is made on a pro rata basis, the board may provide that it be credited against future Class B assessments. An assessment for costs and expenses other than for examinations which is made on a non-pro rata basis shall not exceed $150.00 $300.00 per company in any one calendar year. The amount of any Class B assessment shall be allocated for assessment purposes among the accounts or subaccounts in subsection (c) of Code Section 33-38-5 pursuant to an allocation formula which may be based on the premiums or reserves of the impaired or insolvent insurer or any other standard deemed by the board in its sole discretion as being fair 4710 JOURNAL OF THE SENATE and reasonable under the circumstances. (2) Class B assessments against member insurers for each account or subaccount shall be in the proportion that the premiums received on business in this state by each assessed member insurer on policies or contracts covered by each account or subaccount for the three most recent calendar years for which information is available preceding the year in which the insurer became impaired or insolvent, as the case may be, bears to such premiums received on business in this state for such calendar years by all assessed member insurers. (3) Assessments for funds to meet the requirements of the association with respect to an impaired or insolvent insurer shall not be made authorized or called until necessary to implement the purposes of this chapter. Classification of assessments under subsection (b) of this Code section and computation of assessments under this subsection shall be made with a reasonable degree of accuracy, recognizing that exact determinations may not always be possible. The association shall notify each member insurer of its anticipated pro rata share of an authorized assessment not yet called within 180 days after the assessment is authorized. (d) The association may abate or defer in whole or in part the assessment of a member insurer if, in the opinion of the board of directors, payment of the assessment would endanger the ability of the member insurer to fulfill its contractual obligations. In the event an assessment against a member insurer is abated or deferred in whole or in part, the amount by which such assessment is abated or deferred may be assessed against the other member insurers in a manner consistent with the basis for assessments set forth in this Code section. Once the conditions that caused a deferral have been removed or rectified, the member insurer shall pay all assessments that were deferred pursuant to a repayment plan approved by the association. (e)(1) The total of all assessments upon a member insurer for each account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the account during the calendar year preceding the assessment. If the maximum assessment in any account, together with the other assets of the association, does not provide in any one year in such account an amount sufficient to carry out the responsibilities of the association, the necessary additional funds shall be assessed as soon thereafter as permitted by this chapter. (2) The total of all assessments upon a member insurer for each subaccount of the life insurance and annuity account shall not in any one calendar year exceed 2 percent of such insurer's premiums received in this state on the policies covered by the subaccount during the calendar year preceding the assessment. If the maximum assessment for any subaccount of the life insurance and annuity account in any one year does not provide an amount sufficient to carry out the responsibilities of the association, then the board shall assess the other subaccounts of the life insurance and annuity account for the necessary additional amount up to the maximum assessment level provided in paragraph (1) of this subsection. (f) The board may, by an equitable method as established in the plan of operation, refund to member insurers, in proportion to the contribution of each insurer to that THURSDAY, MARCH 29, 2012 4711 account or subaccount, the amount by which the assets of the account or subaccount exceed the amount the board finds is necessary to carry out the obligations of the association during the coming year with regard to that account or subaccount, including assets accruing from net realized gains and income from investments. A reasonable amount may be retained in any account or subaccount to provide funds for the continuing expenses of the association and for future losses if the board determines that refunds are impractical. (g) It shall be proper for any member insurer in determining its premium rates and policy owner dividends as to any kind of insurance within the scope of this chapter to consider the amount reasonably necessary to meet its assessment obligations under this chapter. (h) The association shall issue to each insurer paying an assessment under this chapter, other than a Class A assessment, a certificate of contribution, in a form prescribed by the Commissioner for the amount of the assessment paid. All outstanding certificates shall be of equal dignity and priority without reference to amounts or dates of issue. A certificate of contribution may be shown by the insurer in its financial statement as an asset in such form, for such an amount and for such period of time, not to exceed five years from the date of assessment, as the Commissioner may approve. (i)(1) A member insurer that wishes to protest all or part of an assessment shall pay when due the full amount of the assessment as set forth in the notice provided by the association. The payment shall be available to meet association obligations during the pendency of the protest or any subsequent appeal. Payment shall be accompanied by a statement in writing that the payment is made under protest and setting forth a brief statement of the grounds for the protest. (2) Within 60 days following the payment of an assessment under protest by a member insurer, the association shall notify the member insurer in writing of its determination with respect to the protest unless the association notifies the member insurer that additional time is required to resolve the issues raised by the protest. (3) Within 30 days after a final decision has been made, the association shall notify the protesting member insurer in writing of that final decision. Within 60 days of receipt of notice of the final decision, the protesting member insurer may appeal that final action to the Commissioner. (4) In the alternative to rendering a final decision with respect to a protest based on a question regarding the assessment base, the association may refer protests to the Commissioner for a final decision, with or without a recommendation from the association. (5) If the protest or appeal on the assessment is upheld, the amount paid in error or excess shall be returned to the member company. Interest on a refund due a protesting member shall be paid at the rate actually earned by the association. (j) The association may request information of member insurers in order to aid in the exercise of its power under this Code section and member insurers shall promptly comply with a request. 4712 JOURNAL OF THE SENATE 33-38-16. (a) The board of directors may, upon majority vote, make reports and recommendations to the Commissioner upon any matter germane to the solvency, liquidation, rehabilitation, or conservation of any member insurer, or to the solvency of any company seeking to do an insurance business in this state. Such reports and recommendations shall not be considered public documents. (b) It shall be the duty of the The board of directors may, upon majority vote, to notify the Commissioner of any information indicating any member insurer may be an impaired or insolvent insurer. (c) The board of directors may, upon majority vote, request that the Commissioner order an examination of any member insurer which the board in good faith believes may be an impaired or insolvent insurer. Within 30 days of the receipt of such request, the Commissioner shall begin such examination. The examination may be conducted as a National Association of Insurance Commissioners' examination or may be conducted by such persons as the Commissioner designates. The cost of such examination shall be paid by the association and the examination report shall be treated the same as other examination reports. In no event shall such examination report be released to the board of directors prior to its release to the public, but this shall not preclude the Commissioner from complying with subsection (a) of this Code section. The Commissioner shall notify the board of directors when the examination is completed. The request for an examination shall be kept on file by the Commissioner, but it shall not be open to public inspection prior to the release of the examination report to the public. (d) The board of directors may, upon majority vote, make recommendations to the Commissioner for the detection and prevention of insurer insolvencies. (e) The board of directors shall, at the conclusion of any insurer insolvency in which the association was obligated to pay covered claims, prepare a report to the Commissioner containing such information as it may have in its possession bearing on the history and causes of such insolvency. The board shall cooperate with the board of directors of guaranty associations in other states in preparing a report on the history and causes of insolvency of a particular insurer and may adopt by reference any report prepared by such other associations. 33-38-17. (a) This chapter shall not be construed to reduce the liability for unpaid assessments of the insureds of an impaired or insolvent insurer operating under a plan with assessment liability. (b) For the purpose of carrying out its obligations under this chapter, the association shall be deemed to be a creditor of the impaired or insolvent insurer to the extent of the assets attributable to covered policies, reduced by any amounts to which the association is entitled as subrogee pursuant to paragraph (8) (11) of Code Section 33-38-7. All The assets of the impaired or insolvent insurer attributable to covered policies shall be used by the association to continue all the covered policies and pay all the contractual THURSDAY, MARCH 29, 2012 4713 obligations of the impaired or insolvent insurer as required by this chapter. For purposes of this subsection, that portion of the total assets of an impaired or insolvent insurer that is attributable to covered policies shall be determined by using the same proportion as the reserves that should have been established for such policies bears to the reserves that should have been established for all policies of insurance written by the impaired or insolvent insurer. (c) As a creditor of the impaired or insolvent insurer as established in subsection (b) of this Code section and consistent with Code Section 33-37-33, the association and other similar associations shall be entitled to receive a disbursement of assets out of the marshaled assets, from time to time as the assets become available to reimburse it, as a credit against contractual obligations under this chapter. If the liquidator has not, within 120 days of a final determination of insolvency of an insurer by the receivership court, made an application to the court for the approval of a proposal to disburse assets out of marshaled assets to guaranty associations having obligations because of the insolvency, then the association shall be entitled to make application to the receivership court for approval of its own proposal to disburse these assets. (b)(1)(d)(1) Prior to the termination of any liquidation, rehabilitation, or conservation proceeding, the court may take into consideration the contributions of the respective parties, including the association, the shareholders, policy owners of the insolvent insurer, and any other party with a bona fide interest, in making an equitable distribution of the ownership rights of such insolvent insurer. In such a determination, consideration shall be given to the welfare of the policyholders of the continuing or successor insurer. (2) No distribution to stockholders of an impaired or insolvent insurer shall be made until and unless the total amount of valid claims of the association with interest thereon for funds expended in carrying out its powers and duties under Code Section 33-38-7, with respect to such insurer, has been fully recovered by the association. (3) No insurer that is subject to any delinquency proceedings, whether formal or informal, administrative or judicial, shall have any of its assets returned to the control of its shareholders or private management until all payments of or on account of the insurer's contractual obligations by all guaranty associations, along with all expenses thereof and interest on all such payments and expenses, shall have been repaid to the guaranty associations or a plan of repayment by the insurer shall have been approved by the guaranty association. (c)(1)(e)(1) If an order for liquidation or rehabilitation of an insurer domiciled in this state has been entered, the receiver appointed under such order shall have a right on behalf of the insurer to recover from any affiliate the amount of distributions, other than stock dividends paid by the insurer on its capital stock, made at any time during the five years preceding the petition for liquidation or rehabilitation, subject to the limitations of this subsection and subsections (a) and (b) of this Code section. (2) No such distribution shall be recoverable if the insurer shows that the distribution was lawful and reasonable when paid and that the insurer did not know and could not reasonably have known that the distribution might adversely affect the ability of the 4714 JOURNAL OF THE SENATE insurer to fulfill its contractual obligations. (3) Any person who was an affiliate that controlled the insurer at the time the distributions were paid shall be liable to the extent of the distributions received. Any person who was an affiliate that controlled the insurer at the time the distributions were declared shall be liable to the extent of the distributions that would have been received if such distributions had been paid immediately. Whenever two persons are liable with respect to the same distribution, they shall be jointly and severally liable. (4) The maximum amount recoverable under this subsection shall be the amount needed, in excess of all other available assets of the insolvent insurer, to pay the contractual obligations of the insolvent insurer. (5) Whenever any person liable under paragraph (3) of this subsection is insolvent, all affiliates that controlled it at the time the distribution was paid shall be jointly and severally liable for any resulting deficiency in the amount recovered from the insolvent affiliate. 33-38-18. All proceedings in any court in this state in which the insolvent insurer is a party shall be stayed 60 180 days from the date of a final order of liquidation, rehabilitation, or conservation to permit proper legal action by the association on any matters germane to its powers or duties. As to judgment entered under any decision, order, verdict, or finding based on default, the association may apply to have such judgment set aside by the same court that made such judgment and shall be permitted to defend against such action on the merits. 33-38-19. The liquidator, rehabilitator, or conservator of any impaired insurer may notify all interested persons of the effect of this chapter. 33-38-20. Any action of the board of directors may be appealed to the Commissioner by any member insurer if such appeal is taken within 30 60 days of its receipt of notice of the action being appealed. Any final action or order of the Commissioner shall be subject to judicial review in a court of competent jurisdiction in accordance with the laws of this state that may apply to the actions or orders of the Commissioner. 33-38-21. (a) No person, including an insurer or agent or affiliate of an insurer, shall make, publish, disseminate, circulate, or place before the public or cause directly or indirectly to be made, published, disseminated, circulated, or placed before the public, in any newspaper, magazine, or other publication; in the form of a notice, circular, pamphlet, letter, or poster; over any radio station or television station; or in any other way, any advertisement, announcement, or statement which uses the existence of the association for the purposes of sales, solicitation, or inducement to purchase any form of insurance THURSDAY, MARCH 29, 2012 4715 covered by this chapter. This Code section shall not apply to the association or any other entity which does not sell or solicit insurance. (b) Any person who violates subsection (a) of this Code section may, after notice and hearing and upon order of the Commissioner, be subject to one or more of the following: (1) A monetary penalty of not more than $1,000.00 for each act or violation, but not to exceed an aggregate penalty of $10,000.00; or (2) Suspension or revocation of his or her license or certificate of authority. 33-38-22. (a) A member insurer may offset against its premium tax liability to this state an assessment described in Code Section 33-38-15 to the extent of 20 percent of the amount of such assessment for each of the five calendar years following the year in which such assessment was paid. In the event a member insurer should cease doing business, all uncredited assessments may be credited against its premium tax liability for the year it ceases doing business. (b) Any sums which are acquired by refund, pursuant to subsection (f) of Code Section 33-38-15, from the association by member insurers and which have theretofore been offset against premium taxes as provided in subsection (a) of this Code section shall be paid by such insurers to this state in such manner as the Commissioner may require. The association shall notify the Commissioner that such refunds have been made." SECTION 2. Said title is further amended by revising subsection (a) of Code Section 33-57-5, relating Senator Shafer of the 48th moved that the Senate agree to the House amendment to the Senate amendment to HB 786. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Crosby Y Davenport Davis Y Hamrick Y Harbison Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Jackson, B N Jackson, L Y James Y Jeffares N Jones Y Ligon Y Orrock Paris Y Ramsey Rogers Y Seay Y Shafer Y Sims Y Staton Stone Y Stoner Tate Y Thompson, C Y Thompson, S 4716 JOURNAL OF THE SENATE Y Fort Y Ginn Y Goggans Y Golden Y Gooch Y Grant Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Murphy Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 45, nays 2; the motion prevailed, and the Senate agreed to the House amendment to the Senate amendment to HB 786. Senator Williams of the 19th asked unanimous consent that HB 707, having been placed on the Table on Tuesday, March 27, 2012, be taken from the Table. The consent was granted, and pursuant to Senate Rule 4-2.10(a), HB 707, having been taken from the Table, was put upon its passage. HB 707. By Representatives Morgan of the 39th, Powell of the 171st, Powell of the 29th, Brooks of the 63rd, Ashe of the 56th and others: A BILL to be entitled an Act to amend Code Section 21-2-417 of the Official Code of Georgia Annotated, relating to presentation of identification to poll workers, so as to provide that an elector may present a valid student identification card containing a photograph of the elector and issued by an eligible postsecondary institution in this state as proof of identity in order to vote; to provide for related matters; to repeal conflicting laws; and for other purposes. Senate Sponsor: Senator Rogers of the 21st. Senators Hill of the 32nd, Loudermilk of the 52nd and Rogers of the 21st offered the following amendment #1: Amend HB 707 (LC 28 5910) by inserting after "state" on line 28 "and approved by the State Election Board". Senator Williams of the 19th moved the previous question. Senator Fort of the 39th objected. Senator Henson of the 41st called for the yeas and nays; the call was sustained, and the vote was as follows: THURSDAY, MARCH 29, 2012 4717 N Albers Balfour Y Bethel Y Bulloch N Butler Carter, B N Carter, J Y Chance Y Cowsert Y Crane Y Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hamrick N Harbison Y Heath N Henson Y Hill, Jack Hill, Judson N Hooks N Jackson, B Y Jackson, L N James Y Jeffares Y Jones Y Ligon Y Loudermilk McKoon Y Millar Y Miller Y Mullis Y Murphy N Orrock N Paris N Ramsey Rogers N Seay N Shafer N Sims Y Staton Y Stone N Stoner N Tate N Thompson, C N Thompson, S N Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 28; nays 22, the motion prevailed, and the previous question was ordered. On the adoption of the amendment, the yeas were 35, nays 8, and the Hill of the 32nd, 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: N Albers Y Balfour Y Bethel N Bulloch Y Butler Carter, B Y Carter, J N Chance N Cowsert N Crane N Crosby Y Davenport N Hamrick N Harbison N Heath Y Henson N Hill, Jack N Hill, Judson N Hooks N Jackson, B N Jackson, L N James N Jeffares N Jones Y Orrock Y Paris Y Ramsey Y Rogers Y Seay N Shafer Sims N Staton Stone Y Stoner Y Tate Y Thompson, C 4718 JOURNAL OF THE SENATE Y Davis Y Fort N Ginn N Goggans Golden N Gooch N Grant N Ligon N Loudermilk N McKoon Y Millar Miller N Mullis N Murphy Y Thompson, S N Tippins N Tolleson N Unterman Y Wilkinson Y Williams On the passage of the bill, the yeas were 20, nays 31. HB 707, having failed to receive the requisite constitutional majority, was lost. The following bill was taken up to consider House action thereto: HB 743. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Code Section 48-9-3 of the Official Code of Georgia Annotated, relating to the motor fuel tax, so as to extend the expiration date for the exemption from the motor fuel tax for certain public transit and public campus transportation systems; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House amendment to the Senate substitute was as follows: Amend the Senate substitute to HB 743 by deleting line 5 and substituting in lieu thereof the following: and use taxes, so as to change certain provisions regarding the exemption for jet fuel; to provide for an exemption for packaging materials; to provide for By deleting "and applicability" on line 6. By deleting lines 44 through 47 and substituting in lieu thereof the following: This Act shall become effective on July 1, 2012. Senator Balfour of the 9th moved that the Senate agree to the House amendment to the Senate substitute to HB 743. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Y Hamrick Y Harbison Y Heath N Orrock Y Paris N Ramsey THURSDAY, MARCH 29, 2012 4719 Y Bulloch N Butler Y Carter, B N Carter, J Y Chance Y Cowsert Y Crane Crosby N Davenport N Davis N Fort Y Ginn Y Goggans Golden Y Gooch Y Grant N Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L N James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Rogers Seay Y Shafer Sims Y Staton Y Stone N Stoner Tate Thompson, C N Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 37, nays 13; the motion prevailed, and the Senate agreed to the House amendment to the Senate substitute to HB 743. The following bill was taken up to consider House action thereto: SB 403. By Senators Millar of the 40th, Stoner of the 6th, Ligon, Jr. of the 3rd, Shafer of the 48th and Carter of the 42nd: 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 school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes. The House substitute was as follows: A BILL TO BE ENTITLED AN ACT To amend Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to elementary and secondary education, so as to revise provisions relating to school health nurse programs; to include school nurses in state formula funding based on full-time equivalent student counts; to provide for grants for supplies for school health nurse programs; to provide for a state-level coordinator for school health nurse programs; to provide for related matters; to repeal conflicting laws; and for other purposes. 4720 JOURNAL OF THE SENATE 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 revising subsection (a) of Code Section 20-2186, relating to allocation of funds for local systems to pay beginning salaries of superintendents, secretaries, accountants, nurses, and certain other personnel, as follows: "(a) Funds provided under this article shall include the following for local systems to pay, on a 12 month basis, the beginning salaries of superintendents, assistant superintendents, and principals and the salaries of secretaries, accountants, and nurses, subject to appropriation by the General Assembly: (1) Each local system shall earn, for any number of full-time equivalent students equal to or under 5,000, funds sufficient to pay the beginning salaries of a superintendent and two assistant superintendents and the salaries of a secretary and an accountant; and (2) For numbers of full-time equivalent students over 5,000 and less than 10,001, funds sufficient to pay the beginning salaries of a superintendent and four assistant superintendents and the salaries of a secretary and an accountant; and (3) For numbers of full-time equivalent students over 10,000, funds sufficient to pay the beginning salaries of a superintendent and eight assistant superintendents and the salaries of a secretary and an accountant; and (4) Each local system shall earn funds for the 2000-2001 school year sufficient to pay the beginning salary of a principal for each school in the local school system with a principal of record for the preceding year. Thereafter, each local school system shall earn funds sufficient to pay the beginning salary of a principal for each school in the local school system that reported a principal on the October certified personnel information report; provided, however, that any school which operates as a combination school, which is defined as any of the elementary grades, kindergarten through grade five, contiguous with one or more of the middle grades, grades six through eight; or as a combination school of any of the middle grades, grades six through eight, contiguous with one or more of the elementary grades or contiguous with one or more of the high school grades, grades nine through 12; or as a combination school of any of the high school grades, contiguous with one or more of the middle grades, shall earn funds sufficient to pay the beginning salary of a principal for each of the elementary, middle, or high school combinations. Beginning with the 2001-2002 school year, funds cannot be earned for more than one principal's salary for schools on the same campus sharing facilities unless the schools operate as a combination school as defined in this paragraph with separate facility codes issued by the Department of Education. A local school system shall earn funds in the midterm adjustment sufficient to pay the beginning salary of a principal for a new school, if not otherwise earning the funds, when the school has reported full-time equivalent program counts in the October count, has an approved new school facility code issued by the department, and has reported a principal on the October certified THURSDAY, MARCH 29, 2012 4721 personnel information report under the new facility code. It is further provided that funds for the salary of a principal shall not be earned under this paragraph for an evening school or alternative school; and (5) Each local system shall earn funds sufficient to pay for nursing services funding for one nurse for every 750 full-time equivalent students at the elementary school level and one nurse for every 1,500 full-time equivalent students at the middle and high school levels. Such funding shall have a ratio of one registered professional nurse to five licensed practical nurses. Such funding shall be based on a contract length of 180 days and shall be sufficient to pay 50 percent of the average salary and benefits, as determined by the Department of Education, for a registered professional nurse or for a licensed practical nurse; provided, however, that such amount shall be phased in so that, in Fiscal Year 2013, such amount shall be 40 percent and, in Fiscal Year 2014, such amount shall be 45 percent. Local school systems shall not be required to provide any local matching funds for school nurses to receive funds pursuant to this paragraph. Local school systems that do not meet the minimum fulltime equivalent student counts set out in this paragraph shall receive a base amount of funding. Each local school system shall expend 100 percent of the funds earned pursuant to this paragraph for salaries and benefits for school nurses." SECTION 2. Said chapter is further amended in Part 5 of Article 5, relating to program weights and funding requirements, by adding a new Code section to read as follows: "20-2-190. Subject to appropriations by the General Assembly, the State Board of Education shall provide grants to local school systems for the purpose of purchasing supplies for school health nurse programs, as required pursuant to Code Section 20-2-771.2. The grant funds shall be distributed to local school systems on a full-time equivalent basis. The state board shall establish regulations as to the manner in which such grant funds may be used." SECTION 3. Said chapter is further amended by revising Code Section 20-2-771.2, relating to school health nurse programs, as follows: "20-2-771.2. (a) Each local board of education shall establish policies and procedures regarding a school health nurse program. Such school health nurse programs shall be staffed by licensed health care professionals. Each local board of education may contract or consult with health professionals knowledgeable in children's health issues to establish the standards, policies, and procedures of a school health nurse program. Such standards, policies, and procedures shall be in accordance with the restrictions set forth in Code Section 20-2-773. (b) Subject to appropriations, there may be established within the Department of Education a school health nurse program coordinator, whose responsibilities may 4722 JOURNAL OF THE SENATE include: (1) Assisting local school systems in establishing and implementing the school health nurse programs required by subsection (a) of this Code section, including development of guidelines for utilizing volunteers and retirees to supplement the programs; (2) Assisting in standardizing the reporting of any health information from local school systems; (3) Assisting local school systems in identifying and obtaining available additional funding and support for school health nurse programs from federal and other sources, including, but not limited to, Medicaid funds and partnerships with local hospitals or other health care facilities; and (4) Other related duties to support school health nurse programs. " SECTION 4. All laws and parts of laws in conflict with this Act are repealed. Senator Millar of the 40th moved that the Senate agree to the House substitute to SB 403. On the motion, a roll call was taken and the vote was as follows: Y Albers Y Balfour Y Bethel Bulloch Y Butler Y Carter, B Y Carter, J Y Chance Y Cowsert Y Crane Y Crosby Y Davenport Y Davis Y Fort Y Ginn Y Goggans Golden Y Gooch Y Grant Y Hamrick Harbison Y Heath Y Henson Y Hill, Jack Y Hill, Judson Y Hooks Y Jackson, B N Jackson, L Y James Y Jeffares N Jones Y Ligon Y Loudermilk Y McKoon Y Millar Y Miller Y Mullis Y Murphy Y Orrock Y Paris Y Ramsey Y Rogers Y Seay Y Shafer Sims Y Staton Y Stone Y Stoner Y Tate Y Thompson, C Y Thompson, S Y Tippins Y Tolleson Y Unterman Y Wilkinson Y Williams On the motion, the yeas were 50, nays 2; the motion prevailed, and the Senate agreed to the House substitute to SB 403. THURSDAY, MARCH 29, 2012 4723 The following message was received from the House through Mr. Rivers, the Clerk thereof: Mr. President: The House recedes from its position in disagreeing to the Senate substitute to the following Bill of the House: HB 851. By Representatives Rice of the 51st, Powell of the 29th and Sheldon of the 105th: A BILL to be entitled an Act to amend Code Section 48-6-73 of the Official Code of Georgia Annotated, relating to reports and distributions regarding the taxation of intangibles, so as to change certain requirements regarding the rates to be charged by collecting officers; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendments to the following Bill of the House: HB 916. By Representatives Knight of the 126th, England of the 108th, McCall of the 30th, Roberts of the 154th and Buckner of the 130th: A BILL to be entitled an Act to amend Code Section 48-5-7.4 of the Official Code of Georgia Annotated, relating to bona fide conservation use property, so as to change certain qualifications and restrictions regarding covenants; to provide for exceptions; to provide for a definition; to provide for an effective date; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate amendment to the following Bill of the House: HB 1117. By Representatives Clark of the 104th, Clark of the 98th, Thomas of the 100th, Dickerson of the 95th, Pak of the 102nd and others: A BILL to be entitled an Act to amend Code Section 36-82-1 of the Official Code of Georgia Annotated, relating to elections for approval of bonded debt, so as to change certain provisions relating to population brackets and the census; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. 4724 JOURNAL OF THE SENATE The House has disagreed to the Senate amendments to the following Resolution of the House: HR 1160. By Representatives Hugley of the 133rd, Smyre of the 132nd and Buckner of the 130th: A RESOLUTION compensating Mr. Lathan Rydell Word; and for other purposes. The House has disagreed to the Senate substitute to the following Bill of the House: HB 1052. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th 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 reconstitute the board of directors; to provide for staggered terms for board members; provide for a limit on re-appointment of board members; to provide for a method for nonparticipating counties to join the Authority; to prohibit the Authority from entering into certain transactions; to provide for a suspension of restrictions on the use of sales and use tax proceeds; to provide for related matters; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Resolution of the House: HR 1376. By Representatives Greene of the 149th, Neal of the 1st, Bryant of the 160th, Horne of the 71st and Cheokas of the 134th: A RESOLUTION authorizing the modification of a ground lease on state owned real property in Baldwin County; authorizing the conveyance of certain state owned real property located in Carroll County; authorizing the conveyance of and an easement on certain state owned real property located in Clinch County; authorizing the conveyance of certain state owned real property located in Coffee County; authorizing the conveyance and acquisition by exchange of certain state owned real property located in Dade County; authorizing the conveyance of certain state owned real property located in Dodge County; authorizing the conveyance of certain state owned real property located in Dougherty County; to provide an effective date; and for other purposes. THURSDAY, MARCH 29, 2012 4725 The House has agreed to the Senate substitute to the following Bills of the House: HB 198. By Representatives Rice of the 51st, Lane of the 167th, Anderson of the 117th, Powell of the 29th and Powell of the 171st: A BILL to be entitled an Act to amend Article 2 of Chapter 6 of Title 15 of the Official Code of Georgia Annotated, relating to clerks of superior courts, so as to extend sunset dates for real estate or personal property filing fees, the state-wide uniform automated information system, and the collection and remittance of real estate or personal property filing; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 247. By Representatives Neal of the 1st, Bearden of the 68th, Talton of the 145th, Parrish of the 156th, Howard of the 121st and others: A BILL to be entitled an Act to amend Article 3 of Chapter 11 of Title 31 of the Official Code of Georgia Annotated, relating to emergency medical services personnel, so as to authorize the Department of Community Health to require fingerprinting and criminal background investigations of all applicants for licensure and currently licensed emergency medical services personnel; to provide definitions; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 332. By Representative Parsons of the 42nd: A BILL to be entitled an Act to amend Code Section 46-5-167 of the Official Code of Georgia Annotated, relating to the Universal Access Fund, so as to eliminate unnecessary regulation by revising certain provisions related to such fund; to provide for an effective date, to repeal conflicting laws; and for other purposes. HB 541. By Representatives Epps of the 140th, Benton of the 31st, Baker of the 78th, Allison of the 8th, Weldon of the 3rd 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 provide for the offense of threatening or intimidating a law enforcement officer, public official, or other person relating to such person's involvement in a judicial proceeding; to provide for penalties; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. 4726 HB 636. HB 665. HB 685. HB 824. JOURNAL OF THE SENATE By Representatives Jacobs of the 80th and Taylor of the 79th: A BILL to be entitled an Act to incorporate the City of Brookhaven in DeKalb County; to provide for a charter for the City of Brookhaven; to provide for incorporation, boundaries, and powers of the city; to provide for general powers and limitations on powers; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, expenses, qualifications, prohibitions, and districts relative to members of such governing authority; to provide for inquiries and investigations; to provide for organization and procedures; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Maddox of the 127th: A BILL to be entitled an Act to amend Titles 9, 15, and 44, Chapter 18 of Title 50, and Code Section 36-9-5 of the O.C.G.A., relating to civil practice, courts, property, state printing and documents, and storage of documents, respectively, so as to modernize provisions relating to storage, collection, access, and transmittal of documents housed in clerk of superior court offices; to amend Code Section 1-3-1, Code Section 9-13-142, Title 15, and Title 42 of the Official Code of Georgia Annotated, relating to construction of statutes generally, requirements for an official organ of publication, courts, and penal institutions, respectively, so as to conform provisions and correct cross-references; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Maddox of the 172nd, Black of the 174th, Atwood of the 179th, Shaw of the 176th, Taylor of the 173rd and others: A BILL to be entitled an Act to amend Title 4 of the Official Code of Georgia Annotated, relating to animals, so as to extensively revise provisions relating to dogs and especially provisions relating to dangerous and vicious dogs; to define and redefine terms; to provide for liability for injuries and damage caused by dogs; to amend Chapter 2 of Title 51 of the Official Code of Georgia Annotated, relating to imputable negligence, so as to provide for a conforming amendment; to state legislative intent; to provide for other related matters; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Dudgeon of the 24th, England of the 108th, Coleman of the 97th, Dickson of the 6th, Kaiser of the 59th and others: A BILL to be entitled an Act to amend Part 4 of Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to financing HB 861. HB 865. HB 900. THURSDAY, MARCH 29, 2012 4727 under the "Quality Basic Education Act," so as to revise the method of calculating equalization grants; to add an eligibility requirement; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Harden of the 28th, Ramsey of the 72nd, Allison of the 8th, Dempsey of the 13th, McBrayer of the 153rd and others: A BILL to be entitled an Act to amend Chapter 1 of Title 35 of the Official Code of Georgia Annotated, relating to law enforcement officers, so as to require law enforcement agencies to report drug related arrests to the Department of Human Services; to amend Article 1 of Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to general provisions for public assistance, so as to require drug testing for applicants and recipients of state administered TANF benefits; to provide for legislative intent; to provide for related matters; to provide for severability; to provide for an effective date and applicability; to repeal conflicting laws; and for other purposes. By Representatives Powell of the 29th, Harden of the 28th and Rice of the 51st: A BILL to be entitled an Act to enact the "Georgia Motor Common and Contract Carrier Act of 2012"; to amend Chapter 1 of Title 40 of the O.C.G.A., relating to the identification and regulation of motor vehicles, so as to transfer the functions of regulating motor carriers and limousine carriers from the Georgia Public Service Commission to the Georgia Department of Public Safety; to amend Article 2 of Chapter 5 of Title 40 of the O.C.G.A., relating to drivers' licenses, so as to authorize chauffeur endorsements on driver's licenses; to modify, amend, and repeal provisions of the O.C.G.A., so as to conform certain cross-references, remove duplication of provisions, and remove such functions from current provisions; to provide an effective date; to repeal conflicting laws; and for other purposes. By Representative Rice of the 51st: A BILL to be entitled an Act to amend Article 2 of Chapter 3 of Title 40 of the Official Code of Georgia Annotated, relating to certificates of title for motor vehicles, so as to provide for the cancellation of a certificate of title for scrap metal, dismantled, or demolished trailers in a manner similar to motor vehicles, to help prevent trailer theft by persons seeking to sell stolen trailers for scrap metal; to provide for related matters; to repeal conflicting laws; and for other purposes. 4728 JOURNAL OF THE SENATE HB 965. By Representatives Knight of the 126th, Peake of the 137th and Carson of the 43rd: A BILL to be entitled an Act to amend Article 5 of Chapter 7 of Title 48 of the Official Code of Georgia Annotated, relating to current income tax payment, so as to allow certain fiduciaries an exception to the requirement of paying estimated taxes; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes. HB 971. HB 1049. HB 1051. By Representative Hembree of the 67th: A BILL to be entitled an Act to amend Chapter 9 of Title 34 of the Official Code of Georgia Annotated, relating to workers' compensation, so as to change certain provisions relating to awards and benefits of workers' compensation; to change certain provisions relating to settlement agreements between parties; to change the maximum weekly compensation benefit for total disability; to change the maximum weekly compensation benefit for temporary partial disability; to revise certain provisions relating to compensation for loss of hearing caused by harmful noise; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representative Willard of the 49th: 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 change its applicability and requirements; to change certain definitions; to correct certain cross-references; to require that Voice over Internet Protocol service suppliers register certain information with the director of emergency management; to require that such information be updated; to provide for notices of delinquency to be sent by the director under certain circumstances; to provide for related matters; to repeal conflicting laws; and for other purposes. By Representatives Jacobs of the 80th, Riley of the 50th, Lindsey of the 54th, Geisinger of the 48th, Taylor of the 79th and others: A BILL to be entitled an Act to amend Chapter 9 of Title 32 of the Official Code of Georgia Annotated, relating to mass transportation, so as to repeal provisions relating to the suspension of restrictions on the use of annual proceeds from sales and use taxes by public transit authorities; to repeal provisions relating to the board of directors of the Metropolitan Atlanta Rapid Transit Authority; to provide for related matters; to provide for an effective date; to provide for contingent repeal; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4729 HB 1067. By Representatives Rogers of the 26th, Smith of the 131st and Lindsey of the 54th: A BILL to be entitled an Act to amend Code Section 33-23-12 of the Official Code of Georgia Annotated, relating to the limited licenses for insurance agents, agencies, subagents, counselors, and adjustors, so as to provide for the comprehensive revision of provisions regarding the issuance and regulation of limited licenses to sell portable electronics insurance; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 1102. By Representatives Smith of the 70th, Stephens of the 164th, Knight of the 126th, Manning of the 32nd, McCall of the 30th and others: A BILL to be entitled an Act to amend Article 9 of Chapter 8 of Title 12 of the Official Code of Georgia Annotated, relating to Georgia hazardous site reuse and redevelopment, so as to provide a 30 day grace period for buyers of qualifying property to seek a limitation of liability; to provide for automatic liability limitations to future recipients of qualified properties; to repeal conflicting laws; and for other purposes. The House has agreed to the Senate substitute to the following Resolution of the House: HR 1151. By Representatives Brockway of the 101st, Lindsey of the 54th, Sheldon of the 105th, Teasley of the 38th, Allison of the 8th and others: A RESOLUTION creating the Joint Human Trafficking Study Commission; and for other purposes. The House has agreed to the Senate amendment to the House substitute to the following Bill of the Senate: SB 366. By Senators Grant of the 25th, Hamrick of the 30th, Crosby of the 13th, Carter of the 1st and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 4A of Title 49 of the Official Code of Georgia Annotated, relating to the Department of Juvenile Justice, so as to revise restrictions regarding possession of contraband at juvenile detention centers; to amend Code Section 16-15-3 of the Official Code of Georgia Annotated, relating to definitions in the 'Georgia Street Gang Terrorism and Prevention Act,' so as to provide for a cross-reference; to provide for related matters; to repeal conflicting laws; and for other purposes. 4730 JOURNAL OF THE SENATE The House has adopted the report of the Committee of Conference on the following Bills of the House: HB 347. By Representatives Hembree of the 67th, Meadows of the 5th, Lindsey of the 54th, Maxwell of the 17th, Murphy of the 120th and others: A BILL to be entitled an Act to amend Code Section 33-23-10 of the Official Code of Georgia Annotated, relating to the examination of applicants, so as to provide that the Commissioner shall not exempt himself or herself from any written examinations set forth in the Code section; to provide for related matters; to repeal conflicting laws; and for other purposes. HB 872. By Representatives Shaw of the 176th, Smith of the 131st, Brockway of the 101st, Ramsey of the 72nd, Watson of the 163rd and others: A BILL to be entitled an Act to amend Article 14 of Chapter 1 of Title 10 of the O.C.G.A., relating to secondary metals recyclers, so as to provide for the comprehensive revision of provisions regarding secondary metals recyclers; to amend Code Section 40-3-36 of the O.C.G.A., relating to cancellation of certificate of title for scrap, dismantled, or demolished vehicles, salvage certificate of title, administrative enforcement, and removal of license plates, so as to revise certain provisions relating to the use of a form to transfer title to a motor vehicle to be sold or disposed of as scrap metal or parts, subject to a contingency; to provide for related matters; to provide an effective date; to repeal conflicting laws; and for other purposes. HB 954. By Representatives McKillip of the 115th, Collins of the 27th, England of the 108th, Hamilton of the 23rd, Sheldon of the 105th and others: A BILL to be entitled an Act to amend Article 5 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated, relating to abortion, so as to change certain provisions relating to criminal abortion; to change certain provisions relating to when abortion is legal; to amend Title 31 of the Official Code of Georgia Annotated, relating to health, so as to define certain terms; to require a determination of gestational age prior to abortion; to provide for certain reporting requirements with respect to performance of abortions; to state legislative findings; to provide for other related matters; to provide effective dates; to repeal conflicting laws; and for other purposes. THURSDAY, MARCH 29, 2012 4731 The House has adopted the report of the Committee of Conference on the following Bills of the Senate: SB 33. By Senators Shafer of the 48th, Chance of the 16th, Davis of the 22nd, Hill of the 32nd, Staton of the 18th 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. SB 203. By Senators Bethel of the 54th, Mullis of the 53rd and Albers of the 56th: A BILL to be entitled an Act to amend Chapter 23 of Title 33 of the Official Code of Annotated, relating to licensing of agents, agencies, subagents, counselors, and adjusters, so as to provide that certain individuals who collect and input data into an automated claims adjudication system are exempt from licensure; to provide for definitions; to change certain resident independent adjuster license requirements; to add certain nonresident independent adjuster license requirements; to provided 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 April 11, 2012 Honorable Nathan Deal Governor State Capitol Atlanta, Georgia 30334 (404) 656-5040 Fax (404) 656-5043 4732 JOURNAL OF THE SENATE 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 March 29, 2012, with the following results: The Honorable Jace Weaver of Clarke County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Mark Chastain of Gilmer County, as a member of the Georgia Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning June 1, 2011, and ending June 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Reese of Fulton County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning January 1, 2011, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Tommy Black of Liberty County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2009, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Steven Stancil of Cherokee County, as a member of the Georgia Education Authority, for the term of office beginning August 26, 2011, and ending August 26, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Debbie Dlugolenski of Fulton County, as a member of the Georgia Education Authority, for the term of office beginning August 26, 2011, and ending August 26, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Erin Hames of Fulton County, as a member of the Georgia Education Authority, for the term of office beginning August 26, 2011, and ending August 26, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Malcolm Moore of Bibb County, as a member of the Medical Advisory Panel for the Georgia Athletic & Entertainment Commission, serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4733 The Honorable Curtis Johnson of Cobb County, as a member of the Stone Mountain Memorial Association, for the term of office beginning May 20, 2011, and ending May 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Coleman of McDuffie County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning July 1, 2010, and ending July 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Scott Murphy of Forsyth County, as a member of the Georgia Real Estate Appraisers Board, for the term of office beginning July 1, 2011, and ending July 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Franklin Auman of DeKalb County, as a member of the Board of Human Services, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Steven Heinen of Hall County, as a member of the Subsequent Injury Trust Fund, for the term of office beginning July 1, 2010, and ending July 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Pauline Hale of Butts County, as a member of the Subsequent Injury Trust Fund, for the term of office beginning July 1, 2011, and ending July 1, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Cheryl DeLuca-Johnson of Gwinnett County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning January 1, 2011, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Penny Johnson of Bibb County, as a member of the State Board of Cosmetology, for the term of office beginning August 9, 2010, and ending August 9, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Micah Story of Clarke County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 1, 2011, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Bobbi Bailey of Fulton County, as a member of the Georgia Music Hall of Fame, for the term of office beginning February 1, 2008, and ending February 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4734 JOURNAL OF THE SENATE The Honorable James (Steve) Singletary of Early County, as a member of the Georgia Development Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Michael Terrell of Coweta County, as a member of the County and Municipal Probation Authority, for the term of office beginning January 15, 2010, and ending January 15, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ray Stallings Smith III of Fulton County, as a member of the Stone Mountain Memorial Association, for the term of office beginning September 8, 2011, and ending September 8, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Robert Ripley of Spalding County, as a member of the Georgia Aviation Hall of Fame, for the term of office beginning July 1, 2010, and ending July 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jennifer Gunter of Gwinnett County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable John C. Foster of Habersham County, as a member of the Education Commission of the States, serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Schofield of Hall County, as a member of the Education Commission of the States, serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kathy Colbenson of DeKalb County, as a member of the Georgia Commission for Service and Volunteerism, for the term of office beginning January 1, 2011, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Harold "Freddy" Seagraves of Hall County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4735 The Honorable Wayne Edwards of Lowndes County, as a member of the Georgia Aviation Hall of Fame, for the term of office beginning July 1, 2011, and ending July 1, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Randy Smith III of Cobb County, as a member of the Board of Human Services, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Wayne Shannon of Tift County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 1, 2011, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kenneth Morrow of Gwinnett County, as a member of the Agricultural Education Advisory Commission, for the term of office beginning January 1, 2011, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable JerryColwell of Pike County, as a member of the State Water Well Standards Advisory Council, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Michael Roberts of DeKalb County, as a member of the State Water Well Standards Advisory Council, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Joseph Stock of DeKalb County, as a member of the State Board of Hearing Aid Dealers and Dispensers, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Karen Canupp of Jackson County, as a member of the Georgia State Board of Optometry, for the term of office beginning September 6, 2011, and ending September 6, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Beth Dabbs of Floyd County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4736 JOURNAL OF THE SENATE The Honorable Karen Ambrose of Thomas County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Natasha Dedijer-Turner of Fulton County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Susan Strickland of DeKalb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Steven Land of Jeff Davis County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gary Holstad of Gwinnett County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gerard Armorer of DeKalb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Katherine Strayhorn of Lumpkin County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Angelynn Holt of Houston County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning August 31, 2011, and ending August 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Robert Harless of Coffee County, as a member of the Georgia Aviation Hall of Fame, for the term of office beginning July 1, 2010, and ending July 1, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4737 The Honorable Melanie Blackwood of Paulding County, as a member of the State Board of Examiners for Speech Language Pathology & Audiology, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Timothy Lake of Laurens County, as a member of the Georgia Board of Landscape Architects, for the term of office beginning April 1, 2011, and ending April 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jeffrey Payne of Hall County, as a member of the State Properties Commission, for the term of office beginning April 1, 2011, and ending April 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gregory O'Bradovich of Fulton County, as a member of the Board of Governors of the George L. Smith II World Congress Center Authority, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Henry "Hank" Huckaby of Oconee County, as a member of the Board of Control for Southern Regional Education, for the term of office beginning June 30, 2011, and ending June 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rudolf Cisco of Hall County, as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 2010, and ending May 5, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jack Chapman of Hall County, as a member of the Board of Community Health, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jane Johnson of Cobb County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kathy Lescak of Candler County, as a member of the Georgia Board of Massage Therapy, for the term of office beginning July 1, 2008, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Patrick Robinson of Oconee County, as a member of the Board of Directors of MCG Health System Inc, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4738 JOURNAL OF THE SENATE The Honorable Jim Larsche of Cobb County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Johnny R. Stevens of Richmond County, as a member of the Georgia Soil and Water District Supervisor, Brier Creek District, for the term of office beginning September 23, 2011, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Richard R. Thomas of Dougherty County, as a member of the Georgia Soil and Water District Supervisor, Flint River District, for the term of office beginning September 23, 2011, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James C. Reid Jr. of Sumter County, as a member of the Georgia Soil and Water Conservation District Supervisor, Lower Chattahoochee District, for the term of office beginning September 23, 2011, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Robert Cooper of Muscogee County, as a member of the Georgia State Board of Occupational Therapy, for the term of office beginning December 31, 2010, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ross King of Fayette County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2011, and ending November 8, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Helen Person of Barrow County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2009, and ending November 8, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Garrison Baker of White County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2010, and ending November 8, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gwen Chesnut of Carroll County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2008, and ending November 8, 2011. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4739 The Honorable Charles Baker of Hall County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable David Petite of Fulton County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Robert "Fred" Mullins of Columbia County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 1, 2011, and ending October 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Robert Cowles III of Greene County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 1, 2011, and ending October 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Bennie Hinson of Bibb County, as a member of the Georgia Trauma Care Network Commission, for the term of office beginning October 1, 2011, and ending October 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Hussey of Columbia County, as a member of the State Board of Veterans Service, for the term of office beginning April 1, 2009, and ending April 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Melvin Stowers of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gerry Harkins of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Marla Moore of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning November 2, 2008, and ending November 2, 2011. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4740 JOURNAL OF THE SENATE The Honorable Sarah Cipperley of Cobb County, as a member of the State Commission on Family Violence, for the term of office beginning November 2, 2009, and ending November 2, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Keith McBrayer of Henry County, as a member of the State Commission on Family Violence, for the term of office beginning August 20, 2010, and ending August 20, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Roy Roberts of Walton County, as a member of the Stone Mountain Memorial Association, for the term of office beginning February 24, 2011, and ending February 24, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Randy Howard of Sumter County, as a member of the Georgia Superior Court Clerks' Cooperative Authority, for the term of office beginning October 7, 2011, and ending October 7, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jimmy Allen of Tift County, as a member of the State Forestry Commission, for the term of office beginning January 1, 2011, and ending January 1, 2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jason Winter of Chattooga County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2010, and ending August 4, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Bill Kendall of Towns County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2010, and ending August 4, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Richard Harrell of Fulton County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Nancy Jones of Meriwether County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4741 The Honorable Patricia Graham of Barrow County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William "Billy" Jackson of Columbia County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Charles "Buddy" Leger of Crisp County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable E. Dewey Robinson of Decatur County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gary Paulk of Irwin County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Matt Cardella of Liberty County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dwayne Turner of White County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Bebe Heiskell of Walker County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Avery Niles of Hall County, as a member of the Georgia Board of Juvenile Justice, for the term of office beginning July 6, 2011, and ending July 6, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4742 JOURNAL OF THE SENATE The Honorable Ivan Figueroa of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Bruce Hudson of Douglas County, as a member of the Board of Corrections, for the term of office beginning July 1, 2010, and ending July 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Marion Lee of Crisp County, as a member of the Georgia Composite Medical Board, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gilbert Chandler of Hall County, as a member of the Georgia Composite Medical Board, for the term of office beginning July 1, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dorothy Gaskin of Chatham County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2011, and ending August 30, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Tom Thompson of Putnam County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Charlton Rodgers of Tattnall County, as a member of the Georgia Rural Development Council, for the term of office beginning August 4, 2011, and ending August 4, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Monty Strickland of DeKalb County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2010, and ending August 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Martha Martin of Jackson County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2007, and ending June 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4743 The Honorable Melissa Thurlow of Gwinnett County, as a member of the State Board of Occupational Therapy, for the term of office beginning December 31, 2010, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Larry Fricks of Lumpkin County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Connie Engel of Cobb County, as a member of the Georgia Board of Dentistry, for the term of office beginning June 30, 2011, and ending June 30, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jessica Moss of Cherokee County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Brian McGowen of Fulton County, as a member of the Fort McPherson Local Redevelopment Authority, for the term of office beginning December 31, 2009, and ending December 31, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Hannah Irvin of Fulton County, as a member of the State Records Committee, for the term of office beginning November 4, 2011, and ending upon expiration of the Governor's term in office. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable David Werner of Fulton County, as a member of the State Records Committee, for the term of office beginning November 4, 2011, and ending upon expiration of the Governor's term in office. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Garrett of Cobb County, as a member of the Government Transparency & Campaign Finance Commission, for the term of office beginning February 5, 2011, and ending February 5, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Nathan Merritt of Cobb County, as a member of the DOT Roadside Enhancement & Beautification Council, for the term of office beginning January 1, 2011, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4744 JOURNAL OF THE SENATE The Honorable Elizabeth Knowlton of DeKalb County, as a member of the DOT Roadside Enhancement & Beautification Council, for the term of office beginning January 1, 2011, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jan Ligon of Fulton County, as a member of the Board of Behavioral Health and Developmental Disabilities, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Pamela Griffin of Pulaski County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning November 10, 2011, and ending November 10, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Cecil Bonner of Cherokee County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ben Satterfield of Gwinnett County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Alisande Osuch of Henry County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Evelyn Winn-Dixon of Clayton County, as a member of the Board of Directors of the Georgia Regional Transportation Authority, for the term of office beginning June 1, 2009, and ending June 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Jamil Zainaldin of DeKalb County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2011, and ending November 8, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gwen Chesnut of Carroll County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2011, and ending November 8, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4745 The Honorable Marla Moore of Fulton County, as a member of the State Commission on Family Violence, for the term of office beginning November 2, 2011, and ending November 2, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Mills of Hall County, as a member of the State Board of Pardons & Paroles, for the term of office beginning December 31, 2004, and ending December 31, 2011. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Julian Deal of Bulloch County, as a member of the State Board of Accountancy, for the term of office beginning June 30, 2010, and ending June 30, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable R. Anthony Rojas of Bibb County, as a member of the State Board of Examiners for the Certification of Water & Wastewater Treatment Plant Operators & Laboratory Analysts, for the term of office beginning August 17, 2010, and ending August 17, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Defino of Habersham County, as a member of the State Board of Examiners for the Certification of Water & Wastewater Treatment Plant Operators & Laboratory Analysts, for the term of office beginning August 17, 2011, and ending August 17, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Stanley Tate of Carroll County, as a member of the State Board of Examiners for the Certification of Water & Wastewater Treatment Plant Operators & Laboratory Analysts, for the term of office beginning June 30, 2011, and ending June 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William "Brad" Dunagan of Hall County, as a member of the Board of Trustees of the Teachers Retirement System of Georgia, for the term of office beginning June 30, 2011, and ending June 30, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Andrew Fuller of Hall County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4746 JOURNAL OF THE SENATE The Honorable Glenda Anderson of Chatham County, as a member of the Georgia Historical Records Advisory Board, for the term of office beginning November 8, 2009, and ending November 8, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Judy Grammer of Walker County, as a member of the State Board of Examiners of Psychology, for the term of office beginning July 7, 2010, and ending July 7, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Brenda Rowe of Gwinnett County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2011, and ending September 23, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Nancy Barton of Hall County, as a member of the Georgia Board of Nursing, for the term of office beginning September 23, 2011, and ending September 23, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lee Robinson of Bibb County, as a member of the Sexual Offender Registration Review Board, for the term of office beginning September 1, 2010, and ending September 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Simeon Deal of Cobb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning December 15, 2009, and ending December 15, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Sarah Scott of Hall County, as a member of the State Board of Cosmetology, for the term of office beginning May 1, 2011, and ending May 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rita Jackson Samuels of Fulton County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William "Bill" Austin of Liberty County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4747 The Honorable Christine Betts of Columbia County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Thomas Smith of Henry County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Daekwon Holloway of Muscogee County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lauren Gaia of DeKalb County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Katie Glover of Hall County, as a member of the State Board of Cosmetology, for the term of office beginning May 1, 2010, and ending May 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kris Sperry of Coweta County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Paula Sparks of Cobb County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ernest K. May of Washington County, as a member of the Child Fatality Review Panel, for the term of office beginning November 23, 2011, and ending January 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Garrison Baker of White County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, for the term of office beginning June 30, 2011, and ending June 30, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4748 JOURNAL OF THE SENATE The Honorable Leonard LeRussa of Sumter County, as a member of the State Board of Podiatry Examiners, for the term of office beginning May 5, 2011, and ending May 5, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Garry Braddy of Montgomery County, as a member of the Board of Commissioners of the Judges of the Probate Courts Retirement Fund, for the term of office beginning October 1, 2009, and ending October 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Newton Bates of Ware County, as a member of the Georgia Board of Private Detective Agencies & Security Agencies, for the term of office beginning July 1, 2011, and ending July 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Larry Corry of Gwinnett County, as a member of the State Board of Veterinary Medicine, for the term of office beginning September 16, 2011, and ending September 16, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Perry Tindol of Gwinnett County, as a member of the Stone Mountain Memorial Association, for the term of office beginning February 24, 2008, and ending February 24, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Steven Nicklas of Forsyth County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Heidi Altman of Bulloch County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Randy Daniel of Rockdale County, as a member of the Georgia Board of Dentistry, for the term of office beginning September 1, 2011, and ending September 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Laird Miller of Hall County, as a member of the State Board of Pharmacy, for the term of office beginning November 21, 2011, and ending November 21, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4749 The Honorable John Kieffer of Forsyth County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning November 21, 2011, and ending November 21, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Peggy H. Walker of Douglas County, as a member of the Child Fatality Review Panel, for the term of office beginning July 1, 2011, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Braswell of Bibb County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning December 5, 2011, and ending December 5, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Earl Smith of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending December 20, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dennis Cathey of Habersham County, as a member of the Government Transparency & Campaign Finance Commission, for the term of office beginning March 2, 2010, and ending March 2, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Scott Berry of Oconee County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2011, and ending July 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Maxine McCullar of Cobb County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning June 4, 2011, and ending June 4, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Womack of DeKalb County, as a member of the State Board of Registration for Professional Engineers and Land Surveyors, for the term of office beginning August 30, 2010, and ending August 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Joseph D. Frazier of Cobb County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning December 8, 2010, and ending December 8, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4750 JOURNAL OF THE SENATE The Honorable Jane Warnock of Dodge County, as a member of the Brain and Spinal Injury Trust Fund Commission, for the term of office beginning December 8, 2011, and ending December 8, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ray Saunders of Colquitt County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2011, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Janace Harding of Hall County, as a member of the Georgia State Board of Architects and Interior Designers, for the term of office beginning July 1, 2011, and ending July 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kathleen Bennett of Richmond County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gwen Knight of Dougherty County, as a member of the Georgia Council on Aging, for the term of office beginning December 15, 2011, and ending December 15, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Donald Leeburn, Jr. of Clarke County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 2012, and ending January 1, 2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Michael Bennett of Forsyth County, as a member of the Lake Lanier Islands Development Authority, for the term of office beginning May 15, 2007, and ending May 15, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Mills of Hall County, as a member of the State Board of Pardons & Paroles, for the term of office beginning December 31, 2011, and ending December 31, 2018. The vote on this confirmation was yeas 49, nays 2, 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, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4751 The Honorable William Bacon of Fayette County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Steve Livingston of DeKalb County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Robert King of Lumpkin County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ben Marion of Colquitt County, as a member of the Georgia Composite Board of Professional Counselors, Social Workers, Family & Marriage Therapists, for the term of office beginning December 31, 2011, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Kirby Moore of Bibb County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Anthony Moye of Henry County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Emily Myers of Jones County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lee R. Burton of Glynn County, as a member of the Georgia Sports Hall of Fame, for the term of office beginning December 31, 2011, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Aaron McWhorter of Carroll County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2012, and ending January 1, 2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4752 JOURNAL OF THE SENATE The Honorable J. Mark Mobley of Colquitt County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2012, and ending January 1, 2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Bagwell of Hall County, as a member of the Board of Natural Resources, for the term of office beginning January 1, 2009, and ending January 1, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Carol Roberson of Fannin County, as a member of the State Board of Nursing Home Administrators, for the term of office beginning December 29, 2011, and ending December 29, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable J. Brent Little of Gwinnett County, as a member of the State Board of Occupational Therapy, for the term of office beginning December 31, 2011, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lonice Barrett of DeKalb County, as a member of the Board of Trustees of the Employee's Retirement System of Georgia, for the term of office beginning June 30, 2011, and ending June 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Vernon Keenan of Cherokee County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning July 1, 2011, and ending July 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Benjamin Tarbutton of Washington County, as a member of the Board of Directors of the Georgia Lottery Corporation, for the term of office beginning December 15, 2011, and ending December 15, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Rice III of Troup County, as a member of the Board of Governors of the George L. Smith III World Congress Center Authority, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dean Alford of Rockdale County, as a member of the Board of Regents of the University System of Georgia, for the term of office beginning January 1, 2012, and ending January 1, 2019. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4753 The Honorable Felker Ward of Fulton County, as a member of the Board of Economic Development, for the term of office beginning January 1, 2012, and ending January 1, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Page Love of Gwinnett County, as a member of the Georgia Board of Examiners of Licensed Dietitians, for the term of office beginning June 30, 2011, and ending June 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Melanie Harris of Fannin County, as a member of the Criminal Justice Coordinating Council, for the term of office beginning January 16, 2011, and ending January 16, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Dilyana Kovacheva of Gwinnett County, as a member of the Martin Luther King Jr. Advisory Board, for the term of office beginning November 18, 2011, and ending November 18, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Thomas Morrill of Peach County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2009, and ending February 20, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Joan Thomas of Walton County, as a member of the Stone Mountain Memorial Association, for the term of office beginning December 31, 2011, and ending December 31, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable George Hamil of Carroll County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2011, and ending August 30, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Stefanie Palma of Lumpkin County, as a member of the State Board of Physical Therapy, for the term of office beginning August 30, 2010, and ending August 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Christian Yaughn of Bulloch County, as a member of the State Housing Trust Fund for the Homeless, for the term of office beginning November 21, 2009, and ending November 21, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4754 JOURNAL OF THE SENATE The Honorable Randy Glass of Cobb County, as a member of the State Housing Trust Fund for the Homeless, for the term of office beginning November 21, 2011, and ending November 21, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable C. LaTain Kell of Cobb County, as a member of the Child Fatality Review Panel, for the term of office beginning June 30, 2011, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Shirley Smith of Catoosa County, as a member of the Technical College System of Georgia Board , for the term of office beginning June 30, 2008, and ending June 30, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Joseph Jones of Lumpkin County, as a member of the Council on American Indian Concerns, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ellis Wood of Bulloch County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2011, and ending January 20, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lester Rampy of Gordon County, as a member of the Board of Public Safety, serving at the pleasure of the Governor. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rooney Bowen of Dooley County, as a member of the Board of Public Safety, for the term of office beginning January 23, 2012, and ending September 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable J. Irene Pennington of Chatham County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2010, and ending January 20, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gary Vowell of Tift County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2011, and ending January 20, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable George Myers IV of Gwinnett County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2011, and ending January 20, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4755 The Honorable Brian Rickman of Rabun County, as a member of the Board of Public Safety, for the term of office beginning January 20, 2012, and ending January 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Garland Thompson of Coffee County, as a member of the Georgia Soil and Water Conservation Commission, for the term of office beginning January 1, 2012, and ending January 1, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Gillis Jr. of Truetlen County, as a member of the Georgia Foresty Commission, for the term of office beginning January 1, 2012, and ending January 1, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Daniel Massey of Chatham County, as a member of the Georgia Superior Court Clerks Cooperative Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Weidner of Habersham County, as a member of the Georgia Superior Court Clerks Cooperative Authority, for the term of office beginning July 1, 2011, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Duncan Johnson Jr. of Richmond County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Joe Sam Robinson Jr. of Bibb County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Carol Burrell of Hall County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James "Bill" Herringdine of Oconee County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2010, and ending October 6, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4756 JOURNAL OF THE SENATE The Honorable Karla Jacobs of Cobb County, as a member of the Georgia Commission on Women, for the term of office beginning July 1, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Clayton Foster of Hall County, as a member of the Georgia Real Estate Commission, for the term of office beginning January 29, 2012, and ending January 29, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Sabra McCullar of Meriwether County, as a member of the Franklin D. Roosevelt Warm Springs Memorial Advisory Committee, for the term of office beginning December 31, 2007, and ending December 31, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James Childre of Washington County, as a member of the Georgia Board for Physician Workforce, for the term of office beginning October 6, 2006, and ending October 6, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Norman Echols of Henry County, as a member of the Georgia Auctioneers Commission, for the term of office beginning August 14, 2011, and ending August 14, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Sheila Lee of Meriwether County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2011, and ending January 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable J. Daniel Herring of Brooks County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2012, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gordon Henderson of Floyd County, as a member of the Georgia Firefighter Standards and Training Council, for the term of office beginning January 1, 2012, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Mia Rice of Muscogee County, as a member of the Georgia Commission on Women, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4757 The Honorable Tita Stewart of Fulton County, as a member of the Georgia Commission on Women, for the term of office beginning July 1, 2010, and ending July 1, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lori Durden of Bulloch County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning February 19, 2009, and ending February 19, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Laura Morgan of Fulton County, as a member of the Board of Commissioners of the Student Finance Commission, for the term of office beginning March 15, 2011, and ending March 15, 2017. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Faision Middleton of Dougherty County, as a member of the Board of Commissioners of the Student Finance Commission, for the term of office beginning March 15, 2012, and ending March 15, 2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable G. Benjamin "Benjy" Thompson IV of Bulloch County, as a member of the Board of Trustees of the Herty Foundation, for the term of office beginning February 19, 2010, and ending February 19, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Bobby R. Holton of Monroe County, as a member of the State Board of Registration for Used Car Dealers and Motor Vehicle Parts, for the term of office beginning June 30, 2011, and ending June 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Charles Miller of DeKalb County, as a member of the DOT Roadside Enhancement & Beautification Council, for the term of office beginning January 1, 2011, and ending January 1, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Michael Fowler of Dougherty County, as a member of the State Board of Funeral Service, for the term of office beginning February 13, 2012, and ending February 13, 2018. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable E. Lawton Sack of Bulloch County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4758 JOURNAL OF THE SENATE The Honorable Joseph Vogt III of Gwinnett County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Melvin Stowers of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable William Dunaway of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Lisa Adams of Toombs County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Wendell Dallas of Gwinnett County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Douglas Duncan Jr. of Columbia County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Earl Smith of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gerry Harkins of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ann Cramer of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4759 The Honorable Sarah Harrison of Whitfield County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable John Krueger of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Liza Leiter of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Thomas Morrill of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Beth Herman of Cobb County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Joseph Marks of Houston County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Melvin Davis of Oconee County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Travis Turner of White County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ivan Figueroa of Fulton County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. 4760 JOURNAL OF THE SENATE The Honorable Keith Brady of Coweta County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Rachel Ray of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gayle Silvey of Henry County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Ronald Bobo of Fulton County, as a member of the State Board of Accountancy, for the term of office beginning June 30, 2011, and ending June 30, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Wendy Troyer of DeKalb County, as a member of the Georgia Composite Medical Board, for the term of office beginning July 1, 2009, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Mitch Everett of Fulton County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Cliff McCurry of Chatham County, as a member of the Consumer Advisory Board, for the term of office beginning July 1, 2010, and ending July 1, 2013. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Brent Bracewell of Coweta County, as a member of the Board of Public Health, for the term of office beginning July 1, 2009, and ending July 1, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James "Jim" Seymour of Glynn County, as a member of the State Workforce Investment Board, for the term of office beginning February 20, 2012, and ending February 20, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Gary Jones of Columbia County, as a member of the Board of Commissioners of the Peace Officers Annuity & Benefit Fund, for the term of office beginning June 30, 2011, and ending June 30, 2014. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. THURSDAY, MARCH 29, 2012 4761 The Honorable Franklin Rozier of Pierce County, as a member of the Board of Juvenile Justice, for the term of office beginning July 6, 2010, and ending July 6, 2015. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Willie Bolton of Clarke County, as a member of the Board of Juvenile Justice, for the term of office beginning July 6, 2011, and ending July 6, 2016. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable James R. Lovell of Rabun County, as a member of the Georgia Soil and Water District Supervisor, Blue Ridge Mountain District, for the term of office beginning March 16, 2012, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. The Honorable Frank K. Bonnell of Catoosa County, as a member of the Georgia Soil and Water District Supervisor, Catoosa County District, for the term of office beginning March 16, 2012, and ending December 31, 2012. The vote on this confirmation was yeas 49, nays 2, and the nominee was confirmed. Sincerely, /s/ Robert F. Ewing Secretary 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 33 SB 113 SB 153 SB 227 SB 284 SB 302 SB 317 SB 332 SB 343 SB 354 SB 363 SB 370 SB 37 SB 114 SB 181 SB 231 SB 286 SB 303 SB 318 SB 333 SB 346 SB 356 SB 365 SB 371 SB 92 SB 117 SB 183 SB 234 SB 289 SB 304 SB 319 SB 337 SB 350 SB 357 SB 366 SB 382 SB 101 SB 136 SB 203 SB 236 SB 293 SB 306 SB 324 SB 338 SB 351 SB 358 SB 367 SB 383 SB 110 SB 143 SB 225 SB 268 SB 300 SB 309 SB 331 SB 339 SB 352 SB 361 SB 368 SB 385 4762 JOURNAL OF THE SENATE SB 388 SB 394 SB 404 SB 413 SB 430 SB 436 SB 470 SB 483 SB 514 SB 523 SB 530 SR 84 SB 389 SB 396 SB 405 SB 414 SB 431 SB 441 SB 473 SB 489 SB 515 SB 525 SB 532 SR 765 SB 390 SB 397 SB 407 SB 416 SB 432 SB 446 SB 477 SB 492 SB 518 SB 527 SB 533 SR 843 SB 392 SB 402 SB 410 SB 427 SB 433 SB 462 SB 480 SB 494 SB 519 SB 528 SB 534 SR 873 SB 393 SB 403 SB 412 SB 428 SB 435 SB 464 SB 481 SB 495 SB 520 SB 529 SB 537 The motion prevailed, and the President announced the Senate adjourned sine die at 12 midnight. INDEX 4763 SENATE JOURNAL INDEX 2012 REGULAR SESSION 4764 INDEX PART 1, NUMERIC INDEX SENATE BILLS AND RESOLUTIONS SB 1-- Ad Valorem; prohibit local governments; same day as other local governments (PF)......................................................................... 19 SB 2-- Georgia Government Accountability Act; Legislative Sunset Advisory (PF)............................................................ No action in 2012 SB 3-- Georgia Public Works and Contractor Protection Act; enact (PF) .............................................................................. No action in 2012 SB 5-- Driver Services; radio frequency identification tags ............ No action in 2012 SB 6-- Insurance; premium taxes; group accident and sickness contracts; provisions ............................................................. No action in 2012 SB 7-- Workers' Compensation; benefits not paid to noncitizens not employed legally ......................................... No action in 2012 SB 8-- State Accounting Officer; contract with a third party to audit state contracts............................................................... No action in 2012 SB 9-- Georgia Energy Freedom Act; cap and trade; permit Governor to delay implementation ....................................... No action in 2012 SB 11-- Garnishment Proceedings; extend the effective period of a continuing garnishment ................................................. No action in 2012 SB 12-- State Symbols; designate Georgia Mass Choir as official mass choir.......................................................................................... 19 SB 13-- Rules of the Road; driving under influence with a child; felony ..................................................................................................... 20, 359 SB 14-- Education; raise the age of mandatory education from 16 to 17; provisions............................................................... No action in 2012 SB 15-- Private Detective; provisions; exclude persons certified Georgia Peace Officer Standard ........................................... No action in 2012 SB 18-- State Defense Force; rights of public officers, employees; remove restrictions ..................................................................... 20 SB 20-- State Government; no department shall implement provisions; health care reform; report................................... No action in 2012 SB 21-- Revenue Department; no audit shall be conducted after three years; filing of return ................................................... No action in 2012 SB 22-- Governor; authorized; apply for federal waiver; medical loss ratio requirements .......................................................... No action in 2012 SB 23-- Government; impose a moratorium on rule making; regard to federal Patient Protection ...................................... No action in 2012 SB 24-- Dentistry; provide waivers of certain continuing education requirements ......................................................... No action in 2012 SB 25-- State Government; no department shall implement provisions; health care reform; report................................... No action in 2012 INDEX 4765 SB 26-- Firearms; prohibit any additional limitations during states of emergency .............................................................. No action in 2012 SB 27-- Georgia Public Works and Contractor Protection Act ......... No action in 2012 SB 28-- Estates; provide for a tenancy in the entirety; exceptions..... No action in 2012 SB 29-- Federal Abortion-Mandate Opt-Out Act .............................. No action in 2012 SB 31-- Evidence; extend the attorney-client privilege to third persons .................................................................................. No action in 2012 SB 32-- Public Service Commission; procedure for issuance stocks, bonds; exemptions .................................................... No action in 2012 SB 33-- Waste Reduction Act of 2011; Zero-Base Budgeting Act; application...................................................................... 4524, 4731, 4761 SB 34-- Education; students in charter schools/virtual schools; extracurricular ....................................................................... No action in 2012 SB 35-- State Treasurer; prohibit recalling funds once they have been deposited................................................................................................ 20 SB 37-- State Properties Commission; multiyear lease agreements ............................................................................. 3929, 4418, 4761 SB 38-- Education; authority for State School Superintendent to employ/dismiss employee.............................................................................. 36 SB 40-- Public Contracts; federal work authorization program......... No action in 2012 SB 41-- Traffic Offenses; person convicted of endangering a child; ignition interlock.................................................................................. 20 SB 42-- Labor/Industrial Relations; prohibit employers from requesting credit reports........................................................ No action in 2012 SB 43-- Education; change the ages of mandatory education............ No action in 2012 SB 44-- Motor Vehicles; change the age; child constituting child endangerment........................................................................ No action in 2012 SB 45-- Alcoholic; businesses beverages are consumed; violent conduct; impose penalties..................................................... No action in 2012 SB 46-- Education; dating violence; provide for a curriculum .......... No action in 2012 SB 48-- Penal Institutions; incarcerate person; last established residence prior arrest............................................................. No action in 2012 SB 49-- Education; raise age of mandatory education; adult literacy ................................................................................................... 21, 152 SB 50-- Courts; add certain fees for funding of local victim assistance programs ......................................................................... 3831, 4415 SB 51-- American Laws for Georgia Courts Act ............................... No action in 2012 SB 52-- Courts; require marshals; notify protected persons; protective orders ................................................................... No action in 2012 SB 53-- College and University Special District Act of 2011 ........... No action in 2012 SB 55-- Georgia Student Extracurricular Partnership Act ................. No action in 2012 4766 INDEX SB 59-- License Plates; require a sworn statement by an applicant for a tag renewal.................................................... No action in 2012 SB 60-- Rules of the Road; change inference for identifying driver; signal monitoring ...................................................... No action in 2012 SB 61-- Commerce; incandescent light bulbs; Georgia; not subject to federal regulation.................................................. No action in 2012 SB 62-- State; no private property shall be alienated; exercise of state sovereignty ................................................................... No action in 2012 SB 63-- Georgia Medical Assistance Fraud Prevention Program; enact ...................................................................................... No action in 2012 SB 65-- Employment Security; benefits shall not be paid; noncitizens; .......................................................................... No action in 2012 SB 66-- Perfusionists; revise continuing education requirements; definition ............................................................................... No action in 2012 SB 67-- Nurses; prohibit the use of the title "nurse"; licensed as a registered nurse .................................................................. No action in 2012 SB 68-- Parent Trigger Act; petitions; interventions for low-achieving schools........................................................... No action in 2012 SB 69-- Election; district attorneys, solicitors-general; nonpartisan election .............................................................. No action in 2012 SB 70-- Elections; tax receivers, collectors, and commissioners; nonpartisan election .............................................................. No action in 2012 SB 71-- Elections; solicitors-general; provide for nonpartisan election.................................................................................. No action in 2012 SB 72-- Elections; district attorneys; provide for nonpartisan election.................................................................................. No action in 2012 SB 73-- Elections; clerks of superior court; provide for nonpartisan election .............................................................. No action in 2012 SB 74-- Elections; sheriffs; provide for nonpartisan elections; qualifying .............................................................................. No action in 2012 SB 75-- Elections; county commissioners; nonpartisan election; qualifying .............................................................................. No action in 2012 SB 77-- Administrative Services; specified preference; qualified business; disabled veterans .................................................................. 215, 244 SB 78-- Georgia Athletic and Entertainment Commission; definitions; Georgia Boxing .......................................................................... 21 SB 83-- Rachel's Law; parameters regarding the use of confidential informant........................................................... No action in 2012 SB 84-- DeKalb County School System; provide a code of ethics ..................................................................................... No action in 2012 SB 85-- Board of Education; no person serve as member unless postsecondary education ....................................................... No action in 2012 INDEX 4767 SB 87-- Education; rename to Georgia Educational Freedom Act; expand eligibility .......................................................... 18, 21, 152, 1362, 1533 SB 89-- Savannah, City of; mayor, city council; agenda for meetings of city council........................................................ No action in 2012 SB 90-- Savannah, City of; board of education; terms of office; revise provisions ................................................................... No action in 2012 SB 91-- Chatham County; governing authority; no chairman; succeed more than three times .............................................. No action in 2012 SB 92-- Elections; limitations on when in-person absentee balloting may be conducted ................................................... 3930, 4221, 4761 SB 97-- State Road/Tollway Authority; toll extensions approved by General Assembly............................................................ No action in 2012 SB 98-- Firearms; exemption from application of certain laws; valid carry licenses................................................................ No action in 2012 SB 99-- Property; prohibit covenants for a planned subdivision ....... No action in 2012 SB 101-- Elections; poll officers; provide for the Student Teen Election Participant.......................................................................... 2849, 4761 SB 102-- Firearms; carrying/possession; definitions; penalties; issuance/qualifications .......................................................... No action in 2012 SB 103-- State; increase the amount of public debt permissible to supply a deficit...................................................................... No action in 2012 SB 104-- State Government; prohibit policies; local government; enforcement of immigration law .......................................... No action in 2012 SB 105-- Juvenile Justice, Department of; provide for parole of children; certain circumstances............................................. No action in 2012 SB 106-- Contractors; State Licensing Board for Residential/General Contractors; duties ............................... No action in 2012 SB 107-- Superior Courts; increase penalties that can be imposed for contempt of court ..................................................................... 22, 286, 404 SB 109-- Elections; adjust dates for certain elections to be held 2012 ...................................................................................... No action in 2012 SB 110-- Waste Management; restrictions on municipal solid waste landfill sites; provisions.............................................. 2848, 2941, 4017, 4110, 4761 SB 111-- Pharmacists; electronic data prescription drug order; electronic transmission ......................................................... No action in 2012 SB 113-- Local government; municipal corporations; contracts .......... 3832, 4570, 4761 SB 114-- Distilled Spirits; issuance of a manufacturer's/distiller's license .................................................................................... 4202, 4474, 4761 SB 116-- Sound Money In Banking Act; banks serving as depository; gold/silver coin .................................................. No action in 2012 4768 INDEX SB 117-- Levy/Sale of Property; increase the amount of certain exemptions ............................................................................ 66, 73, 157, 3267, 4761 SB 118-- Georgia Crime Information Center; inspection, purging; criminal records; provisions ................................................. No action in 2012 SB 119-- Education; tuition equalization grants/HOPE scholarship; revise definitions .............................................. No action in 2012 SB 120-- Education; parent/guardian participation; drug/alcohol course; under 18 years ................................................................................... 22 SB 123-- Property; security deeds; foreclosures; transfer; provisions.............................................................................. No action in 2012 SB 124-- Alcoholic Beverages; prohibit sales within a certain distance of a church .............................................................. No action in 2012 SB 126-- Rules of the Road; require operator of vehicle; safe distance; vehicle/bicycle ....................................................... No action in 2012 SB 127-- Juvenile Proceedings; revise provisions .............................................. 359, 390 SB 128-- Water Resources; regulate interbasin transfers of water; provisions.............................................................................. No action in 2012 SB 130-- Special License Plates; supporting the Appalachian Trail Conservancy................................................................. No action in 2012 SB 131-- HOPE; students receiving scholarships; remedial classes; research universities ................................................ No action in 2012 SB 132-- Water Resources; exempt water withdrawals from a certain of the Tennessee........................................................ No action in 2012 SB 133-- Peace Officers; persons given permanent resident status; eligible ..................................................................... No action in 2012 SB 136-- Property; provide for transfer of control of a condominium association ................................................... 22, 100, 174, 3846, 4761 SB 137-- Retirement; update certain cross-references to Chapter 11 of Title 15........................................................................................ 359, 390 SB 138-- License Plates; require a sworn statement by an applicant for a tag renewal.................................................... No action in 2012 SB 142-- Motor Vehicles; traffic-control signal monitoring devices; remove provisions................................................... No action in 2012 SB 143-- Massage Therapy Practice; applicant for a license shall provide information ............................................................... 3267, 4486, 4761 SB 144-- GBI; provide conditions; convicted person; criminal records; expunged ................................................................. No action in 2012 SB 145-- Motor Vehicles; modify the definition of low-speed vehicle and motorized cart.................................................... No action in 2012 SB 146-- Public Roads; weights of vehicles/loads; allow a variance for certain vehicles ................................................. No action in 2012 INDEX 4769 SB 147-- Public Official; prohibit from granting themselves licenses waiving requirement ............................................... No action in 2012 SB 149-- Georgia Medicaid Access Act; establish; filing of a proposed complaint............................................................... No action in 2012 SB 150-- Alcoholic Beverages; sale of distilled spirits; public golf courses .......................................................................... No action in 2012 SB 151-- State-wide Reserve Ratio; extend suspension of adjustments; provide for increase ......................................... No action in 2012 SB 152-- Education; exempt; day-care centers; nonprofit religious; licensing/regulation ............................................. No action in 2012 SB 153-- Education; professional development plans for personnel who have deficiencies ................................................ 388, 445, 518, 519, 3627, 4761 SB 155-- Jarrett Little Act; indemnification payment; does not have unremarried spouse ...................................................... No action in 2012 SB 158-- Motor Vehicle Accident Reparations; preclude certain costs; total loss settlement..................................................... No action in 2012 SB 159-- Trade Practices; clarify information; economic development project....................................................................................... 22 SB 162-- Rules of the Road; driving under influence; illegal aliens is a felony ................................................................... No action in 2012 SB 164-- Child Abuse; expand mandatory reporting of child abuse; definitions .................................................................. No action in 2012 SB 165-- Juvenile Proceedings; maintenance of forensic samples from abortions....................................................................... No action in 2012 SB 167-- Employment Security; benefit shall be reduced by a benefit public retirement............................................................................... 23 SB 168-- Rules of the Road; dedicate the Georgia Move-Over law in memory of Spencer Pass............................................ No action in 2012 SB 169-- Bibb County; ad valorem taxes; homestead exemption; POST certified law enforce................................................... No action in 2012 SB 170-- Macon, City of; ad valorem taxes; homestead exemption; POST.................................................................. No action in 2012 SB 171-- Bibb County; ad valorem taxes; homestead exemption; POST..................................................................................... No action in 2012 SB 174-- Jails; require all jails to participate; federal Department of Homeland Security's......................................................... No action in 2012 SB 175-- Citizens' Redistricting Commission; create; membership; duties ............................................................... No action in 2012 SB 176-- Open/Public meetings; authorize all agencies to conduct meetings teleconference............................................................... 23, 470, 1069 SB 177-- Health Care Compact; adopt................................................. No action in 2012 4770 INDEX SB 179-- Radiographers, Radiation Therapists; licensing; regulate; medical imaging..................................................... No action in 2012 SB 180-- Controlled Substances; authorize the use of remote automated medication systems ............................................. No action in 2012 SB 181-- Attorney General; prohibit contingent compensation under certain circumstances............................................................. 4595, 4761 SB 182-- Local Government; clarify authority of counties; energy savings performance contract ............................................... No action in 2012 SB 183-- Education; school health nurse programs; revise provisions........................................................................................... 381, 4761 SB 184-- Teachers/School Personnel; provide requirements for reduction in force policies.............................................................................. 39 SB 186-- Fire Protection; consolidate; fire protection/safety service; single agency ........................................................... No action in 2012 SB 189-- Stockbridge, City of; form of government; change provisions.............................................................................. No action in 2012 SB 191-- Jury Composition Reform Act of 2011; provide for a modernized and uniform system........................................... No action in 2012 SB 192-- Motor Vehicle Reparations; change definitions of medical payments coverage .................................................. No action in 2012 SB 194-- Education; provide students at Georgia Military College; eligible for HOPE grant ......................................... No action in 2012 SB 196-- Private Home Care Providers; revise definition ................... No action in 2012 SB 197-- Personnel Administrative; comprehensive review of each state employment position............................................ No action in 2012 SB 198-- Elections; definitions; cover all disabilities in providing assistance in voting ............................................................... No action in 2012 SB 199-- Insurance; Commissioner authority to impose penalties; licensed under Title 33.......................................................... No action in 2012 SB 203-- Insurance; certain individuals who collect/input data; automated claims; exempt ........................................................ 81, 4072, 4110, 4274, 4609, 4731, 4761 SB 204-- Personal Fitness Trainers; provide licensure; definitions..... No action in 2012 SB 205-- Motor Vehicle; require policies; law enforcement officers; using race................................................................ No action in 2012 SB 206-- Wildlife Control Permits; provisions.................................... No action in 2012 SB 207-- Charter Schools; provide certain provisions; reprimand of teachers; may not waived ................................................. No action in 2012 SB 208-- Education; revise the age of mandatory education; provide a waiver.................................................................... No action in 2012 SB 209-- Pain-Capable Unborn Child Protection Act; enact; regulate the performance of abortions .................................. No action in 2012 INDEX 4771 SB 210-- Torts; provide for liability for violations of laws relating to abortion................................................................ No action in 2012 SB 212-- Drivers' Licenses; repeal 40-5-38; diagnosis of post traumatic stress disorder ....................................................... No action in 2012 SB 213-- Crime Stopper Award Funds; establish; provide awards ..... No action in 2012 SB 215-- Medicaid/PeachCare; convert funds; participate; private health insurance plans........................................................... No action in 2012 SB 216-- Insurance Commissioner; authorize insurers to offer individual medical/surgical................................................... No action in 2012 SB 217-- Public Contracts; provide exception to the public works affidavit requirements ........................................................... No action in 2012 SB 219-- Interstate Compact on Educational Opportunity for Military Children; adopt ....................................................... No action in 2012 SB 220-- Board of Regents; provide multiyear lease agreements ....... No action in 2012 SB 221-- Local Government Authorities Registration Act; provide for immunity ............................................................ No action in 2012 SB 222-- Alcoholic Beverages; authorize wine tastings; certain conditions.............................................................................. No action in 2012 SB 223-- Georgia Government Accountability Act; establish.................... 133, 142, 160 SB 224-- Juvenile Court; exclusive jurisdiction of superior court; change provisions ................................................................. No action in 2012 SB 225-- Criminal Offenses; provide for new offense of transmitting a false report ..................................................... 23, 172, 219, 226, 3265, 3975, 4529, 4761 SB 226-- DeKalb County; board of education; revise the composition; nonpartisan election ........................................ No action in 2012 SB 227-- Education; declarations of intent/attendance records for home study programs............................................................ 24, 152, 219, 228, 2952, 4506, 4761 SB 228-- Sentence/Punishment; guilty of crimes involving bias; repeal provisions ................................................................... No action in 2012 SB 229-- Searches with warrants; issuance of search warrants by judicial officers; provisions ................................................................. 24, 1059 SB 230-- Forfeiture Proceedings; interest of an innocent owner; change certain provisions...................................................... No action in 2012 SB 231-- Probation; provide additional offenses; first offender status; not granted .............................................................................. 501, 4761 SB 232-- Mass Transportation; remove the suspension period; use of proceeds...................................................................... No action in 2012 SB 233-- Pawnbrokers; limitations regarding certain fees/taxes for pawnbroker transaction ............................................................................ 24 4772 INDEX SB 234-- Georgia Public Revenue Code; extensively revise; ad valorem tax assessments ....................................................... 3274, 4163, 4427, 4446, 4576, 4588, 4649, 4761 SB 235-- HOPE; provide that the Georgia Student Finance Commission shall establish amount...................................... No action in 2012 SB 236-- Drivers' Licenses; persons convicted under the influence; limited permits ...................................................... 3269, 4533, 4761 SB 238-- Handicapped Persons; motorized wheelchair/scooter; after dark; reflectors ................................................................. 285, 307, 1160, 1162 SB 239-- License Plates; unregistered vehicle; presumption of residency; out-of-state.................................................................... 24, 333, 481 SB 241-- Education; determining eligibility ages; education programs; shall be December ............................................... No action in 2012 SB 242-- Peace Officers' Annuity/Benefit Fund; member disabled by injury; entitled.................................................................. No action in 2012 SB 243-- Theft; definitions; provide for the offense of organized retail crime; penalties............................................................ No action in 2012 SB 244-- Taxation; provide sales/use taxes shall not apply to amounts paid by transients.................................................... No action in 2012 SB 245-- Mental Health; revise the definition of "developmental disability" .............................................................................. No action in 2012 SB 246-- Retirement; provide an increase in the employee contribution; retirement benefit .................................................. 286, 307, 342, 3627, 4215 SB 247-- Adoption; living arrangements; prospective adoptive single parent; petition............................................................ No action in 2012 SB 248-- Ethics; limit amount of funds; transferred; one candidate's campaign account............................................... No action in 2012 SB 249-- Public Meetings; require notice; government agencies; posted on agency websites............................................................................. 25 SB 250-- Professions/Businesses; prohibition against licensees; unfair trade practices...................................................................................... 25 SB 253-- Waste Management; permits for municipal solid waste landfill sites........................................................................... No action in 2012 SB 255-- Education; public high schools; not releasing personal information; military............................................................. No action in 2012 SB 256-- Criminal Proceedings; provide for consideration of victim's impact statement...................................................... No action in 2012 SB 257-- Local Government; clarify development authorities are authorized.............................................................................. 1056, 1150, 1243, 1245 INDEX 4773 SB 258-- Local Government; conduct of directors of local development authorities; provisions ..................................... No action in 2012 SB 259-- Natural Resources, Board of; compensation/ reimbursement of members for expenses ............................. No action in 2012 SB 260-- Courts; clerks shall provide for the scanning and electronic retention of wills .................................................. No action in 2012 SB 261-- Licenses Plates; special license plate supporting certain prostate cancer programs ...................................................... No action in 2012 SB 262-- Counties/Municipal Corporations; owner of property against which a notice of code.............................................. No action in 2012 SB 263-- Crime; criminal damage to property in the second degree; include security camera............................................ No action in 2012 SB 264-- Coolidge, City of; provide for elections of the mayor and councilmembers ............................................................. No action in 2012 SB 268-- Board of Education of Jones County; elections; members nonpartisan basis .............................................................. 3268, 4761 SB 269-- Water Resources; cooperative efforts for abatement of pollution; provisions ................................................................... 215, 244, 342, 344, 1035 SB 272-- Public Authorities; provide certain powers; Georgia Music Hall of Fame Authority.............................................. No action in 2012 SB 273-- Lumpkin County; provide chief magistrate appoint clerk of the Magistrate Court ................................................ No action in 2012 SB 274-- Macon, City of; City of Payne City; Bibb County; provide for the restructuring ................................................. No action in 2012 SB 275-- Drivers' Licenses; applying for Class M licenses; complete motorcycle safety .................................................. No action in 2012 SB 276-- Augusta-Richmond County Coliseum Authority; modify provisions ................................................................. No action in 2012 SB 277-- Poulan, City of; mayor and councilmembers; change the terms of office ................................................................. No action in 2012 SB 278-- Life Settlements; require notifications of alternative; individual life policy............................................................. No action in 2012 SB 279-- Macon-Bibb County Water and Sewerage Authority Act; provide appointment ..................................................... No action in 2012 SB 280-- Corporations; property held by congregations/religious societies; revise provisions ................................................... No action in 2012 SB 281-- Taxes; any taxes imposed on cigars on/after 1/1/2012; use of stamps......................................................................... No action in 2012 SB 282-- Nurse Licensure Compact; provide multistate licensures..... No action in 2012 SB 283-- Public Transit, Georgia Department of; create; provide for board and commissioner ................................................. No action in 2012 4774 INDEX SB 284-- Georgia Land Bank Act; governing creation/operation of land banks; provisions ...................................................... 1056, 1150, 1243, 1246, 3845, 4283, 4761 SB 285-- Elections; revise disclosure requirements for lobbyists ....... No action in 2012 SB 286-- Retirement; tax commissioner; membership; Employees' Retirement System .......................................... 286, 307, 342, 344, 3847, 4476, 4761 SB 287-- Retirement; election; Regents Retirement Plan in lieu of Teachers Retirement ............................................................. No action in 2012 SB 288-- Physicians; authorize the administration of vaccines by pharmacists/nurses ................................................................ 1056, 1150, 1243, 1262 SB 289-- Education; require students; one course containing online learning .................................................................... 388, 445, 518, 523, 3267, 4499, 4761 SB 290-- Georgia Innocence Inquiry Commission; create; membership................................................................................ 219, 989, 1028 SB 291-- Education; Georgia's Pre-K Program; change the funding source....................................................................... No action in 2012 SB 292-- Social Responsibility and Accountability Act; enact ............... 60, 1056, 1057, 1150, 1362, 1502 SB 293-- License Plates; require the nation's motto, "In God We Trust" (PF) .................................................................................. 17, 988, 1028, 1069, 1071, 3845, 4642, 4761 SB 294-- Dignity for the Unemployed; volunteer service hours; unemployment benefits (PF)........................................................................ 192 SB 295-- Insurance Policies; limit unfair cancellation/ nonrenewal; storms (PF)................................................................................ 44 SB 296-- Secondary Metal Recyclers; unlawful for person to maliciously cut; offenses ............................................................................... 65 SB 297-- Unemployment Benefits; individual receiving; not be ineligible for benefits (PF)............................................................................. 44 SB 298-- Elections; nonpartisan; consolidated governments; November general election (PF) .................................................................... 94 SB 299-- Uniform Fraudulent Transfers; define certain terms .................. 149, 509, 990, 1362, 1534 SB 300-- Food Standards; to require proper labeling of bottles containing sugar cane............................................................ 45, 138, 152, 174, 177, 2092, 4270, 4761 INDEX 4775 SB 301-- Hunting; authorize the use of silencers on hunting firearms under circumstances ............................................... 61, 138, 152, 174, 179, 182 SB 302-- Georgia Higher Education Facilities Authority; increase the amount of bonding .......................................................... 61, 151, 172, 208, 209, 3268, 4761 SB 303-- Board of Education of Stewart County; reconstitute the board of education ........................................................................ 45, 333, 337, 2012, 2070, 4761 SB 304-- Board of Commissioners of Stewart County; change description of the commissioner ................................................... 45, 333, 338, 2013, 2076, 4761 SB 305-- Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers .................................................... 45, 138, 152, 220, 232 SB 306-- Board of Education of Thomas County; change the description of the education districts .................................... 61, 152, 155, 320, 4761 SB 307-- Game and Fish; create a one-day salt-water shore fishing license ....................................................................... 62, 100, 119, 174, 183 SB 308-- Education; permit proprietary institutions of higher education; college/career ............................................................................... 65 SB 309-- Taylor's Law; authorize issuance; special hunting privileges terminal illness ..................................................... 72, 100, 119, 174, 183, 2013, 4761 SB 310-- Lottery for Education; definitions; prize proceeds; change provisions .......................................................................................... 72 SB 311-- "Metals Accountability in Disposal (MAD) Act" ......................................... 73 SB 312-- Public Assistance; applicants; temporary assistance; personal growth activities ......................................................... 74, 1147, 1233, 1361, 1399 SB 313-- 'Broadband Investment Equity Act'; provide regulation........................ 74, 110 SB 314-- Health; provide for regulation of previously used material in mattresses..................................................................................... 75 SB 315-- Ethics in Government; change name to Georgia Ethics Commission ................................................................................................... 95 SB 316-- Civil Practice; increase the tolling period for limitations for tort actions ....................................................................... 95, 306, 333, 518, 531 SB 317-- Board of Education of Baldwin County; change the description............................................................................. 95, 152, 155, 381, 408, 4761 4776 INDEX SB 318-- Board of Commissioners of Baldwin County; change the description....................................................................... 96, 152, 155, 381, 417, 4761 SB 319-- State Parks; use of boats; revise certain provisions .............. 96, 172, 202, 220, 231, 3265, 4439, 4761 SB 320-- State Government; no state agency; contract with private entity outside United States ........................................... 96, 1147, 1233 SB 321-- Secondary Metal Recyclers; comprehensive revision of provisions...................................................................................... 97, 332, 360, 1161, 1192 SB 322-- 'Georgia Taxpayer Receipt Act of 2012'; website ......................... 97, 244, 250 SB 323-- Lowndes County; change the description of the commissioner districts ................................................................... 97, 360, 365 SB 324-- Veterinary Medicine; clarify a certain definition ................. 98, 306, 333, 481, 484, 3265, 4343, 4761 SB 325-- Elections; provide for online voter registration; conditions and requirements .......................................................................... 98 SB 326-- Elections; provide for election day voter registration and voting; procedures................................................................................... 98 SB 327-- University System of Georgia; Board of Regents establish process; veterans; education ....................................... 98, 1150, 1233 SB 328-- University System of Georgia; Board of Regents establish process; granting veterans .............................................. 99, 360, 390 SB 329-- Returning Veterans Task Force; membership; provide duties; recommendations ............................................................... 99, 360, 390 SB 330-- Health Coverage; individual accident/sickness policy; children with cancer....................................................................................... 99 SB 331-- Insurance; closing protection letters; provide for premiums ............................................................................ 112, 201, 215, 370, 371, 2265, 4761 SB 332-- County Sales/Use Tax; expand the matters included in annual reporting .................................................................. 112, 267, 286, 481, 484, 3846, 3982, 4072, 4761 SB 333-- Property; notices of sales made on foreclosure under power of sale; debtors ......................................................... 112, 215, 244, 313, 3929, 4681, 4761 SB 334-- HOPE Scholarship; revise the definition of the term "Zell Miller Scholar" ................................................................................... 113 SB 335-- HOPE Grants; eliminate the minimum grade point average requirement..................................................................................... 113 INDEX 4777 SB 336-- HOPE Scholarships; add a maximum annual household income requirement for purpose .................................................................. 113 SB 337-- Insurance; limitations on licensure requirements for certain health care providers ............................................... 113, 201, 215, 272, 273, 3268, 4467, 4761 SB 338-- "Georgia Volunteers in Dentistry and Dental Hygiene Act"; provide....................................................................... 114, 306, 333, 481, 487, 2265, 4761 SB 339-- Georgia Aviation Authority; provide transfer to Department of Natural Resources....................................... 114, 202, 215, 272, 274, 1227, 2082, 4761 SB 340-- Property; covenants; provisions; adopted prior to the adoption of zoning laws.....................................................114, 201, 215, 1069, 1077 SB 341-- Juvenile Proceedings; clarify the definition of the term "designated felony".................................................................. 115, 1059, 1150 SB 342-- Criminal Procedure; death penalty; repeal the imposition in this state ................................................................................. 115 SB 343-- State Accounting Office; designate as the Comptroller General; transfer office ....................................................... 115, 244, 250, 290, 291, 2041, 4761 SB 344-- "Georgia Emergency Telephone Number 9-1-1 Service Act"; eliminate 9-1-1 Advisory ............................................... 133, 1150, 1233 SB 345-- Georgia Emergency Management Agency; eliminate the licensing of nongovernmental............................................ 134, 1233, 1341 SB 346-- State Board of Pharmacy; prescription drugs by mail/other common carriers; provisions ............................134, 358, 390, 1161, 1185, 2849, 4761 SB 347-- Rules of the Road; moratorium future designation of high occupancy toll lanes............................................................................. 134 SB 348-- Civil Practice; personal service of a summons on a corporation; provisions ............................................................... 134, 201, 215, 1161, 1362, 1534 SB 349-- Taxes; provide for income tax credit for certain veterans; conditions ..................................................................................... 135 SB 350-- Crimes and Offenses; disposition of firearms used in burglaries/armed robberies ......................................................... 135, 306, 333, 1069, 1077, 1361, 1413, 4201, 4761 4778 INDEX SB 351-- Municipal Courts; require same training; exercising municipal court jurisdiction ................................................ 149, 215, 244, 291, 292, 2953, 4299, 4761 SB 352-- Prosecuting Attorneys; provide; probate courts, municipal courts.................................................................. 149, 215, 244, 291, 294, 2953, 4304, 4761 SB 353-- Civil Practice; default judgement; require plaintiff to provide notice .............................................................................................. 150 SB 354-- Board of Commissioners of Toombs County; reconstitute the board of commissioners ................................ 150, 2097, 2100, 2134, 3096, 4491, 4761 SB 355-- Domestic Relations; child abuse; expand mandatory reporting requirements............................................................ 150, 1059, 1150, 1243, 1268 SB 356-- Superior Courts; provide additional judge of the BellForsyth Judicial Circuit............................................................... 168, 509, 990, 1360, 1366, 3265, 4428, 4761 SB 357-- Agriculture; repeal the "Georgia Treated Timber Products Act of 1973"......................................................... 169, 214, 244, 313, 314, 3268, 4761 SB 358-- State Government; require this state to reciprocate the preferences; resident vendor ............................................... 169, 286, 307, 370, 372, 2185, 4761 SB 359-- Board of Commissioners of Fulton County; commissioner districts ......................................................................... 169, 218 SB 360-- Fish and Fishing; include certain tilapia species as domestic fish ............................................................................... 170, 307, 333, 481, 489 SB 361-- Healthcare Facilities; expand provisions; nationally recognized health care ........................................................ 170, 306, 333, 481, 490, 2265, 4761 SB 362-- Submerged Cultural Resources; permits; authorization to contract; provisions................................................................. 170, 203, 306, 333, 404, 406 SB 363-- Board of Commissioners of Thomas County; commissioner districts ................................................................ 170, 250, 254, 435, 4761 INDEX 4779 SB 364-- Educational Programs; use of standards base grading in grades 4 through 12; prohibit.................................................. 192, 1146, 1233, 1360, 1374 SB 365-- Property; collected funds; change provisions; residential real property; provide form......................................................... 193, 509, 990, 1069, 1077, 3264, 3948, 4683, 4761 SB 366-- Juvenile Justice, Department of; revise restrictions; possession of contraband ............................................................ 193, 285, 307, 371, 373, 2266, 3971, 4729, 4761 SB 367-- Agriculture Commissioner; authorized to require; civil penalties to obtain a surety bond ................................................ 193, 306, 333, 454, 3266, 4761 SB 368-- Nurses; provide for continuing competency requirements; renewal of licenses........................................... 194, 1147, 1233, 1360, 1380, 3264, 3966, 4465, 4533, 4761 SB 369-- Natural Resources; extension of the automatic repeal code section 12-5-9 ..................................................................... 194, 307, 333, 404, 407 SB 370-- Controlled Substances; Schedule I and V controlled substance; "dangerous drug"............................................... 194, 306, 333, 481, 491, 2849, 3260, 4761 SB 371-- Aviation; provide for local governments' ability to accept community improvement........................................194, 286, 307, 1069, 1080, 3263, 4761 SB 372-- "Disposition of Veterans' Cremated Remains Act"; provide for a determination ................................................ 212, 360, 390, 999, 1010, 1011, 1035, 1043, 2266, 4267 SB 373-- Counties; provide authority; vehicle for hire; transport passenger in wheelchair ............................................................ 212, 990, 1028, 1243, 1274 SB 374-- Water Resources; exempt water withdrawals; Tennessee River basin restrictions........................................... 213, 1059, 1150 SB 375-- Health; disclosures; materials used in making dental prosthetics .................................................................................................... 239 SB 376-- Nurses; add mandatory reporting provisions........................... 239, 1147, 1233 SB 377-- Elections; provide circulators of petitions; identity of persons signing ............................................................................................ 239 4780 INDEX SB 378-- Controlled Substances; definition of written prescriptions for danger drugs .................................................... 239, 358, 390, 518, 921 SB 379-- Pawnbrokers; provide limitations regarding certain fees or taxes; transactions............................................................... 240, 1056, 1150, 1362, 1491 SB 380-- Pharmacist and Pharmacies; change definition of security paper .......................................................................... 247, 1147, 1233, 1361, 1385, 3627, 3976 SB 381-- Local Government; electronic transmission of budgets; change certain definitions ........................................................... 247, 388, 445, 1160, 1163 SB 382-- Public Service Commission; change description of the election districts .................................................................. 247, 359, 390, 516, 518, 924, 3273, 4761 SB 383-- 'Georgia International Commercial Arbitration Code'; repeal Part 2 ........................................................................ 248, 306, 333, 454, 455, 3266, 4761 SB 384-- Conservation/Natural Resources; commercial lawn/landscape companies 50 meters ............................... 248, 509, 990, 1161 SB 385-- Insurance Commissioner; confidentiality of certain records; exceptions ............................................................. 248, 332, 360, 518, 939, 3269, 4449, 4761 SB 386-- Advanced Practice Registered Nurses; delegation of authority to order radiographic ............................................... 248, 1056, 1150, 1244, 1278 SB 387-- Secretary of State; create a will registry within the office; provide for administration ................................................................ 249 SB 388-- Board of Commissioners of Decatur County; description of commissioner districts ................................. 261, 360, 365, 974, 4761 SB 389-- Board of Education of Decatur County; description of the education districts ......................................................... 261, 360, 365, 975, 4761 SB 390-- Agriculture; provide immunity from civil liability for the agency designated ......................................................... 261, 306, 333, 454, 456, 2185, 4444, 4761 SB 391-- Ethics; rename to State Accountability Commission; campaign contributions................................................................................ 262 INDEX 4781 SB 392-- Board of Education of Marion County; description of education districts ..............................................................262, 360, 366, 1017, 4761 SB 393-- Board of Education of Ware County; change description of the education districts ................................ 262, 360, 366, 3272, 4761 SB 394-- Board of Commissioners of Marion County; description; commissioner districts ...................................263, 333, 338, 1132, 4761 SB 395-- Sales and Use Tax; allow certain taxes to be imposed at a rate of less than 1 % ................................................................. 263, 332, 360, 404, 426 SB 396-- Herty Advanced Materials Development Center; change provisions; rename and transfer.......................................... 263, 359, 390, 481, 492, 3266, 4761 SB 397-- Board of Education of Hall County; change the description of the education districts ................................ 263, 333, 338, 1017, 4761 SB 398-- 'Georgia Africa Partnership Project Act'; create the Africa Partnership Division ......................................................................... 264 SB 399-- Education; provide for an election to dissolve an independent school system .......................................................................... 264 SB 400-- Law Enforcement; mandate certain conduct when a person is reported missing ....................................................... 280, 1148, 1233 SB 401-- "The Georgia Cogeneration and Distributed Generation Act of 2001"; change provisions.................................................................. 281 SB 402-- "Employees' Retirement System of Georgia Enhanced Investment Authority Act".................................................. 281, 389, 445, 518, 952, 3270, 4276, 4761 SB 403-- Education; school health nurse programs; revise provisions...........................................................................281, 444, 470, 1160, 1164, 3628, 4719, 4761 SB 404-- Education; provide for development of category-level expenditure controls...........................................................282, 444, 470, 1160, 1166, 3627, 4761 SB 405-- Student Achievement Office of; confidential student data; Department of Education; breach .............................282, 388, 445, 1160, 1170, 3274, 4761 SB 406-- 'Jace Hester Law'; emergency closure; early care program upon minor's death ...................................................... 282, 388, 445, 1161, 1362, 1534 4782 INDEX SB 407-- Health; repeal creation of the Health Strategies Council, Clinical Laboratory ............................................................303, 444, 470, 1244, 1279, 2951, 4761 SB 408-- "Georgia Utility Facility Protection Act"; revise definition "excavation" ................................................................................ 303 SB 409-- Georgia Lottery Corporation; require to conduct and publish a biannual audit ............................................................................... 303 SB 410-- Education; provide annual indicators of the quality of learning by students .................................................................. 304, 988, 1028, 1244, 1280, 4529, 4581, 4761 SB 411-- Georgia Sheriffs' Cooperative Authority; create ........................ 304, 469, 510, 1361, 1391 SB 412-- County Boards of Education; delay effective date of Code section.......................................................................320, 388, 445, 1161, 1172, 2951, 4761 SB 413-- Probate Court of Glascock County; provide elections; office of judge....................................................................321, 469, 476, 2013, 4761 SB 414-- Music Therapists; require licensure by the Secretary of State ........................................................................................ 321, 1056, 1150, 1244, 1288, 3832, 4261, 4761 SB 415-- Natural Resources; sewage and waste disposal; permit requirements/prohibited act ......................................................................... 321 SB 416-- Insurance, Department of; authorize to develop exchange standards ................................................................. 322, 1056, 1150, 1244, 1295, 2266, 4645, 4761 SB 417-- Pharmacists and Pharmacies; electronic transmission mechanism; certain requirements ................................................................ 322 SB 418-- Georgia Health Insurance Marketplace Authority; establish ....................................................................................................... 322 SB 419-- HOPE; limit the number of Zell Miller Scholars at eligible public postsecondary ...................................................................... 323 SB 420-- HOPE Scholarships; lottery proceeds appropriated proportionally by regions............................................................................. 323 SB 421-- Motor Vehicles; add certain persons; authorized; motor vehicle registration record ......................................................... 323, 989, 1028 SB 422-- HOPE Scholarships; revise the definition of a Zell Miller Scholar .............................................................................................. 324 SB 423-- HOPE Scholarships; add a maximum annual household income requirement ..................................................................................... 324 INDEX 4783 SB 424-- Foundations of American Law and Government Displays; revise provisions ......................................................... 324, 509, 990, 1161, 1173 SB 425-- Insurance; provide for a physician profiling program; definitions; standards ................................................................................... 324 SB 426-- "The Teach Freedom Act"; enact................................................................. 325 SB 427-- Administrative Procedure; require agency procedures for timely processing .........................................................325, 468, 510, 1161, 1174, 3847, 4301, 4761 SB 428-- Administrative Procedure; agency reports regarding federal government mandates ............................................325, 468, 510, 1244, 1297, 3274, 4761 SB 429-- General Assembly; fiscal notes for bills changing compensation; change provisions ............................................... 326, 468, 510, 1161, 1176 SB 430-- State Senate Districts; revise certain boundaries ...............326, 389, 445, 1068, 1069, 1081, 2849, 4761 SB 431-- Forgery and Fraudulent Practices; add medical identity fraud ........................................................................................ 349, 1059, 1150, 1244, 1298, 3846, 4255, 4528, 4761 SB 432-- Crimes and Offenses; define a certain term; political subdivision .............................................................................. 350, 1148, 1233, 1361, 1423, 4202, 4761 SB 433-- Dalton-Whitfield County Charter and Consolidation Commission; referendum results .......................................350, 469, 476, 2266, 4761 SB 434-- "Federal Abortion Mandate Opt-out Act"; opt out of funding certain abortions ......................................................... 350, 1148, 1233 SB 435-- Board of Education of Webster County; change the description of the education district...................................350, 469, 476, 1132, 4761 SB 436-- Magistrate Court of Webster County; provide the terms of office of magistrates ......................................................351, 510, 513, 1132, 4761 SB 437-- DeKalb County; board of education; revise the composition................................................................................. 351, 990, 993, 997, 998 4784 INDEX SB 438-- State Employees' Health Insurance Plan; no health insurance plan; abortion.......................................................... 351, 1148, 1233, 1359, 1362, 1495 SB 439-- Education; authorize qualified nonprofit preschool programs ...................................................................................................... 352 SB 440-- Revenue Department; submit report to General Assembly; effect of tax exemptions ............................................................ 352 SB 441-- Obstruction of Public Administration; establish the offense of unlawful offense ...............................................352, 469, 510, 1035, 1036, 3275, 4436, 4761 SB 442-- Criminal Procedure; prohibit the imposition of the death penalty; circumstances................................................................................. 353 SB 443-- Criminal; defendant must be found mentally retarded; preponderance of evidence .......................................................................... 353 SB 444-- Motor Vehicles; provide for definitions; notification of the use of speed detect ............................................................. 353, 1150, 1233 SB 445-- Secretary of State; create the position of director of professional licensing ........................................................................ 353, 1061 SB 446-- Fire Protection and Safety; buildings; transfer certain functions.................................................................................... 354, 989, 1028, 1069, 1082, 3264, 4310, 4761 SB 447-- Employment Security; unemployment compensation; provisions.................................................................................... 354, 468, 510, 999, 1004 SB 448-- "Small Business Borrower Protection Act"; enact ..................... 355, 508, 990, 1035, 1039 SB 449-- DNA Analysis; provide for DNA analysis of persons arrested for felony offenses ..................................................... 382, 1148, 1233 SB 450-- Insurance; dispute not in English; the English version shall control.............................................................................. 382, 1148, 1233 SB 451-- HOPE Scholarships; home study students; minimum SAT/ACT score for eligibility ..................................................................... 382 SB 452-- Local Boards of Education; members; suspension and removal; revise provisions ....................................................... 382, 1146, 1233 SB 453-- Georgia Composite Medical Board; provide for additional powers ..................................................................... 383, 1060, 1150 SB 454-- Telecommunications; revise and update certain provisions..................................................................................................... 383 SB 455-- Assisted Living; authorize licensed personal care homes; to use certain terms.......................................................................... 383 INDEX 4785 SB 456-- Georgia Firefighters' Pension Fund; change amount of dues required................................................................................................ 384 SB 457-- Elections; all offices in this state shall be elected on a partisan basis............................................................................. 384, 449, 1150, 1233 SB 458-- Government; modify provisions; verification, procedures; public benefits ................................................384, 509, 990, 1221, 1244, 1299, 1304 SB 459-- Electric Utilities; consumers may elect not to use smart meters...................................................................................... 384, 1060, 1150, 1361, 1407, 1543 SB 460-- Insurance; provide a religious exception; health benefit policy; contraceptives ............................................................. 436, 1148, 1233, 1361, 1412 SB 461-- Criminal Procedure; convicted person sentenced to probation; driver's license ........................................................................... 436 SB 462-- Board of Elections and Registration of Rockdale County; revise procedures ...................................................... 436, 2193, 2197, 2249, 3096, 4761 SB 463-- Transportation Department; procedures for design-build contracts; revise ........................................................................................... 436 SB 464-- Fish and Fishing; limit the number of commercial crabbing licenses issued.......................................................... 437, 1059, 1150, 1244, 1299, 3269, 4577 SB 465-- Crimes and Offenses; increase the punishment for aggravated assault; nurse ........................................................ 437, 1149, 1233, 1362, 1534 SB 466-- Mortgages, Liens, Security; provide for lenders to give notice to contractors..................................................................................... 437 SB 467-- Public Health Department; provide for a disposal method for septage....................................................................................... 438 SB 468-- Rules of the Road; bicycles; single file on roadways ............... 461, 990, 1028, 1362, 1492 SB 469-- Labor; provide provisions prohibiting mass picketing shall apply to private residence............................................... 461, 1148, 1233, 1362, 1520 SB 470-- Patient Self-Referral; revise the definition of "rural area" ........................................................................................ 462, 1056, 1150, 1244, 1300, 4203, 4485, 4761 4786 INDEX SB 471-- Insurance; authorize Insurance Commissioner to establish coalition; medical policies ....................................... 462, 1148, 1233, 1361, 1424 SB 472-- "Flexible Choices Act"; provide exemption; physician arrangements ................................................................................................ 462 SB 473-- License Plates; veterans awarded Purple Hearts; include persons still serving ................................................................ 463, 1150, 1233, 1360, 1363, 2952, 4761 SB 474-- 'Georgia Regional Transportation Authority Act'; amend provisions ......................................................................................... 463 SB 475-- Charity Care Organizations; establish; health care services to the uninsured.............................................................................. 463 SB 476-- "Free Market Safety Net Act"; provide for continuation of coverage................................................................................................... 501 SB 477-- Baker County; board of elections and registration; reconstitute.............................................................................. 501, 1233, 1238, 2185, 4761 SB 478-- Education; authorization means of accreditation for nonpublic postsecondary.......................................................... 502, 1147, 1233 SB 479-- Specialized Land Transactions; purchaser of a condominium development; lien ................................................................. 975 SB 480-- Chatham County; change the description of the commissioner districts ............................................................ 975, 2961, 2965, 2976, 3026, 3989, 4761 SB 481-- Savannah, City of; Chatham County; change the description of the education districts ...................................... 976, 2961, 2966, 2986, 3026, 3989, 4761 SB 482-- 9-1-1 System; revise the fees for service..................................................... 976 SB 483-- Public Service Commission; chairperson; change the term/manner of election .......................................................... 976, 1060, 1150, 1244, 1301, 3929, 4446, 4761 SB 484-- Torts; limit liability for governing authority of a school; agreement................................................................................. 977, 1147, 1233 SB 485-- Patient Right to Know; administrative remedies; inmate filing against physician ............................................................ 977, 1060, 1150 SB 486-- State Transportation Board; member who seeks to qualify for elective office resign................................................................ 1018 SB 487-- Elections; elected municipal court judges; nonpartisan basis ....................................................................................... 1018, 1146, 1233 INDEX 4787 SB 488-- Prescription Drugs; reference product license holder; immunity from liability.............................................................................. 1019 SB 489-- Georgia Trauma Care Network Commission; report annually; House/Senate Committees .................................... 1019, 1147, 1233, 1361, 1427, 2952, 4761 SB 490-- Highway System; authority of Department of Transportation; lease certain state property............................................... 1019 SB 491-- Education; provide for certain notices for disciplinary or evaluation proceeding.................................................................. 1019, 1146 SB 492-- State Purchasing; require state contracts; heavy equipment; specific procedures ............................................ 1020, 1150, 1233, 1361, 1430, 4214, 4465, 4761 SB 493-- Firearms; authorize persons between the ages of 18 and 21 to carry firearms............................................................... 1020, 1148, 1233, 1361, 1420 SB 494-- Commission of Athens-Clarke County; change the composition/description; district .......................................... 1020, 1181, 1182, 2013, 4761 SB 495-- Woodstock, City of; change the corporate limits of the city......................................................................................... 1048, 1548, 1554, 1561, 2185, 4761 SB 496-- 'Alternative Homestead Option Sales and Use Tax Act'; enact ........................................................................................................... 1048 SB 497-- Probate Court of Rockdale County; future elections for the office of judge ...................................................................................... 1049 SB 498-- Local Government & Public Property; require certain procedures; leasing public property....................................... 1049, 1150, 1233 SB 499-- Water Resources; require violators to pay for the costs of third-party .............................................................................................. 1049 SB 500-- Holidays & Observances; change date of Georgia Day ............................ 1049 SB 501-- Education; repeal article relating to Georgia Charter Schools Commission............................................................. 1050, 1146, 1233, 1362, 1491 SB 502-- Insurance Companies; provide procedure; claimant's offers to settle torts claims ......................................................................... 1050 SB 503-- Life Insurance; provide for insurers to offer wellness endorsements or riders ........................................................... 1050, 1148, 1233 SB 504-- 'Brandon Harris Act'; provide certain requirements of sleep centers ............................................................................................... 1050 SB 505-- Civil Practice; medical malpractice arbitration; revise the law........................................................................................................ 1051 4788 INDEX SB 506-- State Government; provide state immunity extend to certain health care providers ................................................. 1051, 1147, 1233, 1361, 1436 SB 507-- Dawson, City of; change the terms of the mayor and city councilmembers .................................................................................. 1133 SB 508-- Local Government; public advertisements; provide for certain requirements.............................................................. 1118, 1147, 1233, 1362 SB 509-- State Senate Districts; revise the boundaries ............................................. 1118 SB 510-- State Board of Pardons and Paroles; issue a certificate of restoration of voting .............................................................................. 1118 SB 511-- Drivers' Licenses; issuance of temporary license, permit; noncitizen ...................................................................................... 1133 SB 512-- 'Georgia Self-service Storage Facility Act of 2012' .................................. 1228 SB 513-- State Government; general provisions; define certain terms........................................................................................................... 1228 SB 514-- Cherokee County; homestead exemption; ad valorem taxes for county purposes ..................................................... 1324, 2019, 2024, 3273, 4761 SB 515-- Americus, City of; date of expiration of office for terms of councilmembers................................................................ 1325, 2047, 2051, 2850, 4761 SB 516-- Magistrate Court of Chatham County; collection of additional cost law library fees ............................................. 1325, 4016, 4075, 4094 SB 517-- Health; act of mother breastfeeding her child; shall not be considered unlawful .............................................................................. 1325 SB 518-- DeKalb County; change the description of commissioner districts .......................................................... 1325, 2019, 2022, 2952, 4761 SB 519-- Board of Education of Toombs County; change the description of the education districts .................................... 1326, 2097, 2100, 2134, 3273, 4761 SB 520-- Troup County; create board of elections and registration; powers and duties ............................................. 1326, 2019, 2022, 2850, 4761 SB 521-- Public Water Systems; require public water suppliers; transmit customer water............................................................................. 1547 SB 522-- White County; provide homestead exemption; ad valorem taxes for county purposes ............................................................ 1547 SB 523-- Recorder's Court of Gwinnett County; provide for the appointment of the judges..................................................... 1548, 2193, 2197, 2249, 3097, 4761 INDEX 4789 SB 524-- Water/Sewage Systems; prohibit municipal corporations from requiring ....................................................................... 1548 SB 525-- Commissioner of Roads/Revenues; Walker County; modernize, update; revise provisions ................................... 2014, 2193, 2198, 2249, 3273, 4761 SB 526-- Catoosa County; office of commissioner; description of the commissioner district ...................................................... 2042, 2193, 2198, 2249 SB 527-- Turner County; board of education; change the description of the education districts .................................... 2093, 2856, 2886, 2893, 2908, 3990, 4761 SB 528-- Turner County; board of commissioners; change the description............................................................................. 2093, 2856, 2887, 2897, 2908, 3990, 4761 SB 529-- Cherokee County Development Authority; provide for expanded powers and duties ................................................. 2093, 2856, 2887, 2908, 3990, 4761 SB 530-- Mansfield, City of; provide a new charter ............................ 2186, 2856, 2887, 2908, 3990, 4761 SB 531-- Municipal Court of Columbus, Georgia; provide nonpartisan elections for judge ............................................. 2186, 2961, 2966, 3026 SB 532-- Doraville, City of; change the corporate limits .................... 2187, 2856, 2888, 2908, 3991, 4761 SB 533-- Floyd County; provide for nonpartisan elections ................. 2187, 2856, 2888, 2908, 4202, 4761 SB 534-- McDonough, City of; provide for incorporation .................. 2267, 2961, 2966, 2996, 3026, 3991, 4761 SB 535-- Cobb County; board of commissioners; reconstitute ................................ 2268 SB 536-- "Georgia Back to Work Program Act" ...................................................... 2268 SB 537-- McDonough, City of; amend powers of mayor; provide for a city administrator.......................................................... 2268, 2961, 2967, 3021, 3026, 3991, 4469, 4761 SB 538-- Holidays and Observances; change date of Georgia Day.......................... 2851 SB 539-- Distilled Spirits; repeal the limitation on the number of retail dealer licenses................................................................................... 2953 SB 540-- "The Hazel D. McCurry Act"; nursing homes to provide certain nursing staffing .............................................................................. 3275 4790 INDEX SENATE RESOLUTIONS SR 3-- Taxpayer Protection Amendment of 2011; use of supplementary appropriations (PF) CA ................................ No action in 2012 SR 16-- Counties; provide the re-creation of a existing county merged into another county may be accomplished by law; subject voters approval-CA .......................................... No action in 2012 SR 17-- Counties; provide the re-creation of an existing county merged into another county may be accomplished by law; subject voters approval-CA .......................................... No action in 2012 SR 18-- Counties; provide the re-creation of an existing county merged into another county may be accomplished by law; subject voters approval-CA .......................................... No action in 2012 SR 19-- Senate Study Committee on Advance Directives; create .............................. 25 SR 20-- Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation and expenditures-CA ................................................................... No action in 2012 SR 24-- Georgia High Risk Individual Reinsurance Pool; provide allocation of a percent of premium taxes collected to offset losses-CA ................................................ No action in 2012 SR 26-- Charlie Will Stapleton Bridge; Webster County; dedicate ................................................................................. No action in 2012 SR 28-- Senate State Fair Tax Study Committee; create .................................... 25, 332 SR 43-- U.S. Agriculture Department; request to deregulate biotech alfalfa based on science and without conditions...... No action in 2012 SR 54-- Health Care Transformation; Senate study committee; create .............................................................................................................. 26 SR 84-- General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations-CA................................................................. 3930, 4434, 4761 SR 104-- Senate Crematoria Study Committee; create............................ 26, 2959, 4005, 4006 SR 116-- Luther Story Bridge; Marion County; dedicate .................... No action in 2012 SR 122-- Senate Tenth Amendment Enforcement Study Committee; create ................................................................. No action in 2012 SR 140-- Trauma Care; annually dedicate from license tag fees collected per each vehicle registered in this state; definition; procedures-CA .................................................... No action in 2012 SR 153-- Paramount Right to Life; without regard to age, race, sex, health, function or condition of dependency-CA .......... No action in 2012 INDEX 4791 SR 155-- Georgia's District Attorneys; urged to invest in resources in solving homicides, providing public safety program instead of seeking death penalty ............................ No action in 2012 SR 163-- Savannah Harbor; cruise ship terminal facility; support the development, construction, and implementation ..................................... 26 SR 165-- Forrest Laughlin Adair II Memorial Bridge; dedicate.......... No action in 2012 SR 225-- Wisconsin Legislature; express support for Governor and majority members ................................................................................... 26 SR 231-- Community Health, Department of; urge to implement a public information campaign about folic acid consumption................................................................................................... 26 SR 238-- United Nations Security Council; expressing support and respect ............................................................................ No action in 2012 SR 263-- Citizens' Redistricting Commission; provide legislative/congressional reapportionment; independent, nonpartisan commission instead of General AssemblyCA ......................................................................................... No action in 2012 SR 265-- State-Local Government Mandate Review; create joint study committee .................................................................... No action in 2012 SR 308-- William Austin Atkins, Sr. Bridge; dedicate ........................ No action in 2012 SR 311-- Federal Energy Regulatory Commission; urged to carefully consider the safety aspects; El Paso Corporation to transport liquefied natural gas ...................... No action in 2012 SR 322-- Daylight Saving Time; commend .................................................................. 26 SR 326-- Renewable Energy Industries in Georgia; create joint study committee .................................................................... No action in 2012 SR 328-- W.T. (Travis) Duke Memorial Bridge; dedicate .................. No action in 2012 SR 345-- General Assembly; authorize to provide limitations by general law; amount of tuition; lottery funded scholarships; Technical College System of Georgia-CA ..... No action in 2012 SR 353-- General Assembly; authorize to impose limits on the amount of tuition; University of System of Georgia; may increase on an annual basis-CA .................................... No action in 2012 SR 359-- Capitol Arts Standards Commission; urged to authorize placement of a portrait of Mrs. Coretta Scott King .............. No action in 2012 SR 379-- U.S. Dept. of the Interior, Minerals Management Service; urged to include all outer continental shelf planning; five-year plan for offshore development ....................................... 27 SR 380-- SGT Harold Wiggins Memorial Bridge; dedicate ................ No action in 2012 SR 381-- U.S. Congress; urged to refrain from cuts to the F-35 Joint Strike Fighter Program................................................. No action in 2012 4792 INDEX SR 385-- Floyd C. and Mary McCants Jarrell Memorial Highway; dedicate ................................................................ No action in 2012 SR 386-- Roy Parrish Parkway; dedicate ............................................. No action in 2012 SR 393-- Senate Residential and General Contractors Licensing Study Committee; create....................................................... No action in 2012 SR 398-- Scenic Hometown Highway; dedicate.................................. No action in 2012 SR 431-- Federal Energy Regulatory Commission; request the safety of allowing El Paso Corporation to transport liquefied natural gas through Georgia .................................. No action in 2012 SR 432-- Judge John H. Ruffin, Jr. Memorial Highway; dedicate ...... No action in 2012 SR 433-- Kermit Yates Memorial Highway; dedicate ......................... No action in 2012 SR 471-- Elton C. Snow Intersection; dedicate.................................... No action in 2012 SR 473-- Bridging the Digital Divide in Aging Communities; create Senate Study Committee ..................................................................... 27 SR 474-- Connor Lenning Memorial Highway; dedicate .................... No action in 2012 SR 479-- Local Boards of Education; urged after 2014 to purchase only school buses equipped with video cameras ................................................................................. No action in 2012 SR 480-- Local Board of Education; urged to adopt policies requiring vending machines in schools be stocked with only healthy options............................................................................. 331, 360 SR 493-- Lower Muskogee Creek Indian Tribe of Georgia; supporting federal recognition .............................................. No action in 2012 SR 494-- Toxic Substances Control Act of 1976; support modernization ....................................................................... No action in 2012 SR 521-- U.S. Congress; urged to designate the Honor and Remember Flag as national emblem of service and sacrifice; U.S. Armed Forces................................................ No action in 2012 SR 524-- Georgia Congressional Delegation; urged to pursue an equitable, long-term resolution; growth rate formula; medicare reimbursement for Georgia Physicians ................. No action in 2012 SR 525-- Senate Erosion and Sediment Control Study Committee; create .......................................................................................... 27 SR 590-- Georgia Department of Education; urged to implement cardiopulmonary resuscitation (CPR) classes in the public schools ........................................................................... 331, 360, 1069, 1115 SR 601-- U.S. Senate; urge members to oppose ratification of the United Nations Convention on the Rights of the Child........ No action in 2012 SR 642-- General Assembly Convened; notify Governor ...................................... 18, 60 SR 643-- Senate Convened; notify House of Representatives...................................... 18 SR 644-- Flowery Branch Parachute Packers; recognize.............................................. 48 INDEX 4793 SR 645-- Northside Hospital, Inc.; commend ............................................................... 48 SR 646-- Senate; expressing the will to ensure necessary conditions for expanded high-quality digital learning opportunities for students of this state .................................. 46, 331, 360, 518, 960 SR 647-- Hunt, Dr. Johnny M.; honoring ..................................................................... 48 SR 648-- Morrow Mayor James "Jim" Millirons; recognize ........................................ 48 SR 649-- Silveri, Shekema; honoring ................................................................... 48, 218 SR 650-- Malicki, Honorable Catherine E.; recognize ................................................. 48 SR 651-- Sawnee Electric Membership Corporation; recognize .................................. 49 SR 652-- Crabapple Middle School; recognize............................................................. 49 SR 653-- Georgia Tech Student Day; recognize student leaders at Georgia Tech.................................................................................................. 49 SR 654-- Coats, Catherine; condolences....................................................................... 49 SR 655-- Peanut Butter and Jelly Day; recognize March 6 .......................................... 49 SR 656-- Future Farmers of America Day; recognize February 21...................... 49, 446 SR 657-- Georgia Farm Bureau Federation Day; recognize February 14 .................................................................................................... 49 SR 658-- Youth Leadership Baldwin 2012; recognize ................................................. 50 SR 659-- Young Farmers Day; recognize February 9........................................... 50, 309 SR 660-- Firefighters' Recognition Day; observe February 7............................... 50, 272 SR 661-- 4-H Day; recognize 4-H Clubs of Georgia ............................................ 50, 258 SR 662-- Veterinary Medicine Day; recognize February 2 .................................. 50, 224 SR 663-- Reading for Learning-Merit Based Student Program; support ........................................................................................................... 46 SR 664-- Campbell, Anthony; honoring ....................................................................... 63 SR 665-- Concerned Black Citizens Coalition; recognize ............................................ 63 SR 666-- Sequoyah High School; recognize................................................................. 67 SR 667-- Martin Luther King, Jr., Parkway; DeKalb County; dedicate .......................................................................................................... 62 SR 668-- Georgia School Choice Week; recognize January 22-28, 2012 ............................................................................................................... 67 SR 669-- Boy Scouts of America Day; recognize March 21 ........................................ 67 SR 670-- Georgia Dental Association's Mission of Mercy; recognize ........................................................................................................ 73 SR 671-- Nobles, Sheriff Cecil; condolences................................................................ 73 SR 672-- American Association of Family and Consumer Sciences (AAFCS); recognize ............................................................... 78, 471 4794 INDEX SR 673-- U.S. Congress; making renewed application to call for a convention; proposing an amendment to the Constitution of the United States .................................................. 75, 509, 990, 1342, 1535 SR 674-- Southside Church of Christ; recognize .......................................................... 78 SR 675-- Nexxtep Technology Services; honoring....................................................... 78 SR 676-- Iverson, Brother John W. Sr.; recognize........................................................ 78 SR 677-- Preservation of Sapelo Island; Joint Study Committee; create .............................................................................................................. 75 SR 678-- Sheriff's Day; recognize January 25, 2012 ............................................ 78, 120 SR 679-- Baldwin County Mayor's Commission on Youth Leadership and the High Achievers Program; recognize .............................. 78 SR 680-- Fremont, Honorable John C.; recognize ........................................................ 79 SR 681-- Harwood, Donald Eugene; honoring ............................................................. 79 SR 682-- Tant, Robert L. Sr.; honoring................................................................. 79, 102 SR 683-- Burke County High School Football Team; recognize ........................... 78, 79 SR 684-- Effingham YMCA Christian Leadership Academy; recognize ........................................................................................................ 79 SR 685-- Effingham County Day; recognize January 23, 2012.................................... 79 SR 686-- Teasley Middle School; recognize................................................................. 79 SR 687-- R.M. Moore Elementary School; recognize .................................................. 79 SR 688-- Boston Elementary School; recognize........................................................... 80 SR 689-- Woodstock Elementary School; recognize .................................................... 80 SR 690-- Parker, Jonathan Michael; recognize ............................................................. 80 SR 691-- Olson, Cameron; recognize............................................................................ 80 SR 692-- Deremer, Matthew "Matt" Roy; Eagle Scout; recognize............................. 102 SR 693-- State Restaurant Day; declare February 9, 2012 ......................................... 102 SR 694-- Tourism and Hospitality Day; recognize January 24, 2012 ............................................................................................................. 103 SR 695-- Southwest Airlines; recognize ............................................................. 103, 120 SR 696-- 2011 Calhoun High School Football Team; recognize ....................... 102, 103 SR 697-- Walker, Dr. Paula; recognize....................................................................... 103 SR 698-- Columbus Day; recognize February 7, 2012 ....................................... 103, 269 SR 699-- Jones-Claiborne, Becky; honoring............................................................... 103 SR 700-- Darrah, Dr. Shane; recognize....................................................................... 103 SR 701-- Sprayberry High School; recognize............................................................. 103 SR 702-- 2011 Woodstock Middle School Academic Bowl Team; recognize ...................................................................................................... 104 SR 703-- Georgia Music Day; recognize January 24, 2012................................ 102, 104 INDEX 4795 SR 704-- General Assembly; authorized to provide by general law; dedication of revenue to any one/more state programs; enhance public safety/security-CA............................................. 100 SR 705-- Drinking Water Security Day; recognize January 24, 2012 ............................................................................................................. 104 SR 706-- West End Family Life and Community Center; recognize ...................................................................................................... 104 SR 707-- Graves, Reverend Dwight; recognize .......................................................... 104 SR 708-- "National Wear Red Day"; recognize February 3, 2012 ..................... 104, 219 SR 709-- Girl Scouts of the United States of America; recognize...................... 104, 269 SR 710-- Senior Week; recognize February 20-February 26, 2012.................... 105, 446 SR 711-- Clayton County Fire and Emergency Services; honoring.................... 105, 446 SR 712-- Rural Health Day; recognize February 16, 2012 ................................. 105, 362 SR 713-- State of Georgia Police Chiefs and Heads of Law Enforcement Agencies; recognize ............................................................... 105 SR 714-- Skin Cancer Awareness Day; recognize February 29, 2012 ................................................................................................... 105, 1159 SR 715-- Congress; urge to expand the eligibility requirements; H-2A guest worker program ....................................................... 100, 214, 244, 313, 316 SR 716-- National Nurse Anesthetist Week; recognize January 22-28, 2012............................................................................. 105, 120 SR 717-- Pfleger, Nicole; recognize............................................................................ 120 SR 718-- Savannah Christian Raiders; recognize ............................................... 120, 141 SR 719-- Tourism Promotion Joint Study Commission; create.............. 115, 1056, 1150 SR 720-- 4th Civil Support Team; recognize.............................................................. 120 SR 721-- Poetter, May Lewis; condolences ................................................................ 120 SR 722-- Board of Regents; add a student member-CA ............................................. 116 SR 723-- Sanders, Curtis Lucille; honoring ................................................................ 120 SR 724-- Boynton Bandits; recognize................................................................. 121, 173 SR 725-- Norton Search Team, Inc.; recognize .................................................. 121, 174 SR 726-- Savannah Christian Preparatory School Raiders Football Team; recognize .................................................................... 121, 141 SR 727-- Senate Preservation of Sapelo Island Study Committee; create ........................................................................................ 116 SR 728-- Congress; urge to impose a national moratorium on the imposition of the death penalty.................................................................... 116 SR 729-- State Restaurant Day; declare February 9, 2012 ................................. 121, 308 SR 730-- United Nations Agenda 21; recognize destructive and insidious nature ............................................................................................ 116 SR 731-- Ogeechee Technical College; recognize.............................................. 121, 446 4796 INDEX SR 732-- Boomershine, Walter and Winkie; recognize...................................... 140, 362 SR 733-- Merck, Marion; recognize............................................................................ 140 SR 734-- Wiley, Johnnie; condolences ............................................................. 140, 2052 SR 735-- The Lanier Land Boys; recognize................................................................ 140 SR 736-- Long, Emilie Marie-Louise; recognize........................................................ 140 SR 737-- Garrison, A.A. "Andy" Jr.; recognize.......................................................... 140 SR 738-- Sales/Use Tax; educational purposes; proceeds-CA ................................... 135 SR 739-- General Assembly; authorize to provide a fixed sum for funding the Georgia Ethics Commission-CA .............................................. 136 SR 740-- Georgia Peach Festival; commend ...................................................... 140, 308 SR 741-- Lembeck, Dr. Emily; commend........................................................... 140, 179 SR 742-- Sergeant First Class Belinda J. Nelson; recognize ...................................... 141 SR 743-- Struecker, Chaplain Major Jeff; recognize .................................................. 141 SR 744-- Howell, Scotty; recognize............................................................................ 141 SR 745-- Reeves, Aubrey; Former Roswell Fire Department Chief; condolences....................................................................................... 141 SR 746-- Gunning, Chaz; Eagle Scout; recognize ...................................................... 141 SR 747-- Farris, Michael; Eagle Scout; recognize ...................................................... 141 SR 748-- Kania, Adam; Eagle Scout; recognize ......................................................... 141 SR 749-- Childhood Cancer Awareness Month; recognize September 2012 ........................................................................................... 154 SR 750-- Tumlin, David and Gail; recognize ............................................................. 154 SR 751-- Hines, Fredrick Howard; condolences......................................................... 154 SR 752-- Tremayne, Pamela L.; condolences ............................................................. 154 SR 753-- Lupus Awareness Day; declare February 15, 2012 ............................. 154, 335 SR 754-- North Georgia College and State University Day; recognize February 16, 2012 ............................................................... 154, 362 SR 755-- Georgia State University Day; recognize February 2, 2012 ..................................................................................................... 173, 224 SR 756-- Eaves, Clifford Camp; honoring.................................................................. 173 SR 757-- Jackson Electric Membership Corporation; recognize ........................ 204, 309 SR 758-- Barrett, Kay Davidson; condolences ........................................................... 204 SR 759-- Jones, Dub; condolences.............................................................................. 204 SR 760-- Andert, Richard "Dick" Stephen; condolences............................................ 204 SR 761-- Rutherfoord, Jim; recognize ........................................................................ 204 SR 762-- Jackson, Edwin; recognize................................................................... 203, 204 SR 763-- Georgia Food Bank Association Day; recognize February 1, 2012 .......................................................................................... 205 SR 764-- Sergeant Danny Cook; honoring ......................................................... 205, 288 INDEX 4797 SR 765-- Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ..................................... 195, 333, 360, 999, 1003, 2186, 4761 SR 766-- U.S. Congress; urged to adopt/submit to states a balanced budget amendment to U.S. Constitution and balance current budget ................................................................ 195, 509, 990, 1342, 1537 SR 767-- End the Commercial Sexual Exploitation of Children Day; recognize February 1, 2012......................................................... 203, 205 SR 768-- Anderson, Jenny Lynn; recognize ....................................................... 217, 224 SR 769-- Fulton Science Academy Charter High School; recognize ...................................................................................... 213, 388, 445 SR 770-- Riverwood International Charter School; recognize ................................... 217 SR 771-- North Springs Charter High School; recognize ........................................... 217 SR 772-- Johns Creek High School; recognize ........................................................... 217 SR 773-- Chattahoochee High School; recognize....................................................... 217 SR 774-- Northview High School; recognize ............................................................. 217 SR 775-- Roswell High School; recognize ................................................................. 217 SR 776-- Centennial High School; recognize ............................................................. 217 SR 777-- Milton High School; recognize.................................................................... 218 SR 778-- Road to Safety Program; recognize ............................................................. 218 SR 779-- Forsyth, Jennifer; recognize......................................................................... 218 SR 780-- Catholic Day; recognize February 7, 2012 .......................................... 218, 268 SR 781-- Tennessee River Basin; urge the performance of a feasible study of withdrawal, storage, and distribution of waters....................................................................................................... 213 SR 782-- 2012 Exceptional Adult Georgian in Literacy Education Delegates; commend.................................................................................... 244 SR 783-- Simmons, Mary Hudmon; honoring ............................................................ 244 SR 784-- Tilley, Honorable Judge Velma; recognize ....................................... 252, 1235 SR 785-- Stockel, Ms. Nickie; recognize .......................................................... 252, 1235 SR 786-- 2011 Child Fatality Review Committee of the Year; recognize ............................................................................................ 252, 1235 SR 787-- Howell, Vikki; recognize............................................................................. 252 SR 788-- Walden, Gloria; recognize ........................................................................... 252 SR 789-- Smith, Georgia Ann; recognize ................................................................... 252 SR 790-- Hullander, Vanita; recognize ............................................................. 253, 1235 SR 791-- Emergency Medical Services Day; recognize February 8, 2012 .................................................................................. 253, 290 SR 792-- Yates, T.J.; recognize................................................................................... 253 SR 793-- Coes, Alvie III; commend.................................................................... 253, 362 4798 INDEX SR 794-- Bristol-Myers Squibb Foundation, CSX Corporation, Pineland, Gateway, and Satilla Community Service Boards; recognize ........................................................................................ 253 SR 795-- Multi-Agency Alliance for Children Day; recognize February 6, 2012 .................................................................................. 252, 253 SR 796-- Reed, Dr. Sandra B.; recognize ......................................................... 269, 2099 SR 797-- Wesleyan College; recognize ............................................................ 269, 1159 SR 798-- Equine Youth Day; recognize February 7, 2012 ......................................... 269 SR 799-- Walton, Karon Green; recognize ......................................................... 269, 362 SR 800-- Sherwood Baptist Church; recognize .......................................................... 269 SR 801-- Georgia Fire Service; opposing the utilization of incarcerated inmates to staff municipal and county fire stations ......................................................................................................... 264 SR 802-- Gainesville-Hall County Day; recognize February 9, 2012 ..................................................................................................... 270, 309 SR 803-- National Apartment Careers Month; recognize the month of February ............................................................................... 270, 480 SR 804-- Ambassador Cheick Sidi Diarra; recognize....................................... 270, 1068 SR 805-- Francis, Cory; recognize ...................................................................... 270, 335 SR 806-- Willingham, Arnold Delano Sr.; condolences............................................. 270 SR 807-- 11th Annual Clergy Day; recognize March 7, 2012.................................... 270 SR 808-- Health Awareness Day; recognize February 15, 2012 ........................ 270, 334 SR 809-- Transverse Myelitis Awareness Day; recognize February 15, 2012 ................................................................................ 271, 335 SR 810-- "Community Health Centers Day"; recognize February 9, 2012 .................................................................................. 271, 316 SR 811-- Farrar, Christian; recognize ......................................................................... 288 SR 812-- Sequoyah High School Speech and Debate Team; recognize ...................................................................................................... 288 SR 813-- Gilbert, Madison; recognize ........................................................................ 288 SR 814-- Sportsmen's and Coastal Day; recognize February 8, 2012 ............................................................................................................. 288 SR 815-- Hall, Stan L.; recognize ..................................................................... 288, 2293 SR 816-- Warner Robins Little League; congratulate................................................. 288 SR 817-- Butler, Thermus; recognize.......................................................................... 289 SR 818-- E.A. White Elementary School; honoring ................................................... 289 SR 819-- Senate Alternative Sustainable Transportation Study Committee; create .................................................................... 283, 1150, 1233 SR 820-- PolyPortables; recognize.............................................................................. 289 SR 821-- Kumar, Agni; recognize............................................................................... 309 INDEX 4799 SR 822-- Webb Bridge Middle School's Academic Bowl Team; recognize ...................................................................................................... 309 SR 823-- Milton High School Football Team; commend ........................................... 309 SR 824-- Ocee Elementary School's Art Calendar Contest Winners; recognize ...................................................................................... 309 SR 825-- Greater Atlanta McDonald's Operators Association; recognize .............................................................................................. 309, 408 SR 826-- Ola High School's Marching Mustangs; commend ..................................... 310 SR 827-- Hugh Hodgson School of Music at University of Georgia; honoring ........................................................................................ 310 SR 828-- Affordable Care Act; recognizing and condemning the effect on the American Catholic Church ................................. 305, 2959, 2961 SR 829-- Frank N. Osborne Middle School; Principal John Campbell; recognize .................................................................................... 310 SR 830-- Rice, Mia K.; recognize ............................................................................... 310 SR 831-- Georgia Links Day; recognize March 14, 2012................................. 310, 2049 SR 832-- Cutts, Mrs. Grace Virginia Richardson Humphrey; honoring ....................................................................................................... 310 SR 833-- Adler, Leopold "Lee" II; condolences ........................................................ 310 SR 834-- Health and Wellness Initiatives; urge to raise public awareness on constituency health and wellness issues............ 305, 2959, 2961 SR 835-- Poultry Farmers; commend.......................................................................... 335 SR 836-- Carnes, Sarah; recognize.............................................................................. 335 SR 837-- Brown, Stephanie; recognize ....................................................................... 335 SR 838-- Brown, Thomas; recognize .......................................................................... 335 SR 839-- Pelzek, Katie; recognize .............................................................................. 335 SR 840-- Croom, Ryan; recognize .............................................................................. 335 SR 841-- Daniel, Ryan "R.D."; condolences............................................................... 336 SR 842-- Georgia Student Finance Commission; urge to provide the General Assembly with data; asses whether HOPE is meeting desired results............................................................................. 326 SR 843-- Bert Ward Memorial Bridge; Catoosa County; dedicate........ 326, 1150, 1233, 1361, 1440, 3269, 4397, 4761 SR 844-- Bailey, Trevor Rucker; condolences............................................................ 336 SR 845-- General Assembly; provide by law; dedication of revenues collected from the sale of fireworks; funding trauma care/firefighter services-CA ............................................................ 327 SR 846-- Men of Hidden Lake; recognize .................................................................. 336 SR 847-- Georgia Institute of Technology; commend ................................................ 336 4800 INDEX SR 848-- Congress; urge to prohibit Environmental Protection Agency from further regulating greenhouse gas emissions; without comprehensive economic and environmental study.................................................................... 327, 509, 990, 1342, 1539 SR 849-- Corr, Victoria; Tara Janos; recognize .......................................................... 336 SR 850-- Goodman, Elijah; recognize ........................................................................ 336 SR 851-- Cherokee County School District Social Studies Fair Winners; recognize ...................................................................................... 336 SR 852-- Findley Oaks Elementary School's DAR Essay Contest Winners; recognize ...................................................................................... 336 SR 853-- Education; clarify the authority of the state to establish state-wide education policy-CA .................................................................. 327 SR 854-- Chef Jeanie Newton and the Culinary Arts Program at Hutchings Career Center; recognize ............................................................ 337 SR 855-- Grant, Deon; recognize ........................................................................ 337, 998 SR 856-- Alzheimer's Awareness Day; recognize February 13, 2012 ............................................................................................................. 337 SR 857-- Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute; recognize............................................................................... 337, 534 SR 858-- U.S. Congress; urge to permit the use of "cellular jammers" for the prevention of illegal cell phone use in prisons, jails, youth detention ..................................................... 327, 469, 510, 1161, 1183 SR 859-- Major General Peter J. Boylan; recognize ................................................... 337 SR 860-- Miss Cherokee Rose Outstanding Teen 2012 Anna Tucker; recognize ........................................................................................ 362 SR 861-- Boerner, Kaitlyn; commend......................................................................... 362 SR 862-- Brown, Stephanie; commend....................................................................... 362 SR 863-- Roberts, Wendy; commend ......................................................................... 362 SR 864-- Brown, Eddie Charles Jr.; condolences ....................................................... 363 SR 865-- Trion High School Cheerleading Squad; recognize .......................... 363, 1030 SR 866-- Gordon Lee Softball Team; recognize......................................................... 363 SR 867-- Heritage High School Girls Cross Country Team; congratulate........................................................................................ 363, 1576 SR 868-- Fitzmaurice, Patrick; recognize ................................................................... 363 SR 869-- Georgia Students of Classical Conversations, Inc.; commend...................................................................................................... 363 SR 870-- Cordele-Crisp County Fish Fry; recognize.................................................. 363 SR 871-- National Alumnae Association of Spelman CollegeAtlanta Chapter Day; recognize February 17, 2012 ............................ 364, 391 INDEX 4801 SR 872-- Senate Homeless and Female Veterans Assistance Study Committee; create.......................................................... 355, 1150, 1233 SR 873-- Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ............................ 355, 989, 1028, 1362, 1448, 3846, 4345, 4761 SR 874-- Burnley, Reuben; commend ........................................................................ 364 SR 875-- Gallagher, Mr. Patrick; commend ............................................................... 364 SR 876-- Georgia National Guard; commend..................................................... 364, 471 SR 877-- Mothers Against Drunk Driving Georgia; recognize ........................ 364, 1030 SR 878-- Touchton, James Robert; recognize............................................................. 364 SR 879-- Alston, Alonzo K. "Lonnie"; honoring........................................................ 391 SR 880-- Johnson, Allison Miller; recognize.................................................... 391, 3280 SR 881-- BOMA Day; declare February 22, 2012...................................................... 391 SR 882-- Croom, Ryan; recognize .............................................................................. 391 SR 883-- Sequoyah High School; recognize............................................................... 391 SR 884-- Bridging the Gap of Georgia (BTGG); recognize ....................................... 392 SR 885-- Rigsby, Dylan Smart; recognize .................................................................. 392 SR 886-- North Fulton Community Charities Education Center; recognize ...................................................................................................... 392 SR 887-- Roswell Fire Department; recognize ........................................................... 392 SR 888-- Men's Health Awareness Day; recognize June 1, 2012............................... 392 SR 889-- Joint Commission on Recommendation; create .......................................... 385 SR 890-- Little, James Gardner; Outstanding Scholar; commend .............................. 392 SR 891-- Herbert, Heather Erin; Outstanding Scholar; commend.............................. 392 SR 892-- Henderson, Hayley Nicole; Outstanding Scholar; commend...................................................................................................... 392 SR 893-- Hendricks, Skylar R.; Outstanding Scholar; commend ............................... 393 SR 894-- Ailion, Alyssa; Outstanding Scholar; commend ......................................... 393 SR 895-- Brooks, Jenny Lea R.; Outstanding Scholar; commend .............................. 393 SR 896-- Jeffords, Stephanie Grace; Outstanding Scholar; commend...................................................................................................... 393 SR 897-- Braswell, Mary Esther; Outstanding Scholar; commend ............................ 393 SR 898-- Mullis, Victoria; Outstanding Scholar; commend ....................................... 393 SR 899-- Whatley, Kristan; commend ........................................................................ 393 SR 900-- Mincey, Katherine A.; Outstanding Scholar; commend.............................. 394 SR 901-- Carter, Jody E.; Outstanding Scholar; commend......................................... 394 SR 902-- Whaley, Christopher; Outstanding Scholar; commend ............................... 394 SR 903-- Doss, Brenda N.; Outstanding Scholar; commend ...................................... 394 4802 INDEX SR 904-- Castaneda, Alma Guadalupe; Outstanding Scholar; commend...................................................................................................... 394 SR 905-- Jones, Laura M.; Outstanding Scholar; commend....................................... 394 SR 906-- Douglas, Faith; Outstanding Scholar; commend ......................................... 394 SR 907-- Sadowski, Hannah Blake Stute; Outstanding Scholar; commend...................................................................................................... 395 SR 908-- Bon, Nicholas R.; Outstanding Scholar; commend ..................................... 395 SR 909-- Sellers, Matthew; Outstanding Scholar; commend ..................................... 395 SR 910-- Gober, Joshua; Outstanding Scholar; commend.......................................... 395 SR 911-- Gober, Isaiah; Outstanding Scholar; commend ........................................... 395 SR 912-- Davis, Kelly; Outstanding Scholar; commend ............................................ 395 SR 913-- Shaw, Kristin; Outstanding Scholar; commend........................................... 395 SR 914-- Zemblowski, Sunni Ann; Outstanding Scholar; commend...................................................................................................... 396 SR 915-- Hampton, Lakeisha Nashay; Outstanding Scholar; commend...................................................................................................... 396 SR 916-- Collins, Courtney Lynn; Outstanding Scholar; commend...................................................................................................... 396 SR 917-- Oritz, Abraham; Outstanding Scholar; commend ....................................... 396 SR 918-- Whitaker, Amy Elizabeth; Outstanding Scholar; commend...................................................................................................... 396 SR 919-- Herrel, Kristin Theresa; Outstanding Scholar; commend............................ 396 SR 920-- Trice, Shavon; Outstanding Scholar; commend .......................................... 396 SR 921-- Brown, Elisabeth Victoria; Outstanding Scholar; commend...................................................................................................... 397 SR 922-- Kennell, Timothy I.; Outstanding Scholar; commend................................. 397 SR 923-- Walters, Colleen; Outstanding Scholar; commend...................................... 397 SR 924-- McConnell, Mary Beth; Outstanding Scholar; commend............................ 397 SR 925-- Traas, Julian R.; Outstanding Scholar; commend ....................................... 397 SR 926-- Constitution; describe foreign and religious laws incompatible with laws and policy of the United States and State of Georgia-CA.............................................................................. 385 SR 927-- Demarcus, Mrs. Saralyn; commend............................................................. 397 SR 928-- Cantrell, Mrs. Lynn; commend.................................................................... 397 SR 929-- Culbreth, Mrs. Gail; commend .................................................................... 397 SR 930-- Jacobs, Mr. Kevin; commend ...................................................................... 398 SR 931-- Boyle, Mr. Kevin; commend ....................................................................... 398 SR 932-- O'Dell, Shannon; commend ......................................................................... 398 SR 933-- Kreafle, Harrison; commend ....................................................................... 398 SR 934-- Hill, Jordan; commend................................................................................. 398 INDEX 4803 SR 935-- Hancock, Erin; commend ............................................................................ 398 SR 936-- Cook, Chandler; commend .......................................................................... 398 SR 937-- Weyman, Ms. Linda; commend................................................................... 398 SR 938-- Allen, Damien; commend ............................................................................ 398 SR 939-- Martin, Mr. Rodney; commend ................................................................... 399 SR 940-- Bail, Mrs. Lauren; commend ....................................................................... 399 SR 941-- Geren, Mr. Todd; commend ........................................................................ 399 SR 942-- Smith, Brooke; commend ............................................................................ 399 SR 943-- Shaw, Shirley; commend ............................................................................. 399 SR 944-- Russell, Brianna; commend ......................................................................... 399 SR 945-- Georgia Department of Transportation; urged to adopt a comprehensive Complete Streets policy...................................................... 385 SR 946-- Johnson, Honorable Leroy R.; recognize ............................................ 399, 998 SR 947-- Pearson, Monica; recognize............................................................... 399, 2859 SR 948-- Cheeley, Selma Medlock; condolences ....................................................... 446 SR 949-- Creekview High School; recognize ............................................................. 446 SR 950-- Cherokee High School; recognize ............................................................... 447 SR 951-- Etowah High School; recognize .................................................................. 447 SR 952-- Woodstock High School; recognize ............................................................ 447 SR 953-- Ellis, Ms. Inez Wilder Wheeler; recognize.................................................. 447 SR 954-- Alaina, Lauren; recognize.................................................................. 447, 1030 SR 955-- Trooper First Class Thomas Kustra; recognize ................................. 447, 2293 SR 956-- SRO Mark Hopper; recognize ........................................................... 447, 2293 SR 957-- Hope, Shane; recognize ..................................................................... 447, 2293 SR 958-- Georgia Guard Soldiers and Airmen; recognize.................................. 448, 471 SR 959-- Bowen, Morgan; recognize.......................................................................... 448 SR 960-- Million, Smith Brian; celebrate birth........................................................... 448 SR 961-- Sowell, Carson Joseph; recognize ............................................................... 448 SR 962-- Whitehurst, Hunter; recognize..................................................................... 448 SR 963-- Tai, Stellan Erik; celebrate birth .................................................................. 448 SR 964-- Harmon, Mrs. Jeanette Moss; condolences ................................................. 448 SR 965-- Tattnall Square Academy Trojans Football Team; recognize .............................................................................................. 448, 939 SR 966-- Macon Day; observe February 29, 2012............................................ 449, 1160 SR 967-- Engineers Week; recognize February 19-25, 2012 ............................. 449, 471 SR 968-- 11th Annual Clergy Day; recognize March 5, 2012.......................... 449, 1235 SR 969-- Turkish American Day; recognize February 21, 2012 ........................ 446, 449 SR 970-- Ramsey, Alice McKnight; recognize........................................................... 449 SR 971-- Gwinnett County Day; recognize February 22, 2012.................................. 449 4804 INDEX SR 972-- Brown, Wylie; commend............................................................................. 471 SR 973-- Wojtczak, Jennifer; commend ..................................................................... 472 SR 974-- Layton, Susan; commend............................................................................. 472 SR 975-- Mulligan, Corry; commend ......................................................................... 472 SR 976-- Williams, Mike; commend .......................................................................... 472 SR 977-- Shope, Grant Mitchell; commend................................................................ 472 SR 978-- Anthony, Ms. Madeleine Kiker; honoring................................................... 472 SR 979-- Senate Aging Study Committee; create .................................. 464, 2959, 2961, 4005, 4006 SR 980-- Little, Mrs. Mattie Ruth; commend ............................................................. 472 SR 981-- Carson, Ed; recognize .................................................................................. 472 SR 982-- Cordele Judicial Circuit CFR Committees; recognize ................................ 472 SR 983-- Ocmulgee Judicial Circuit CFR Committees; recognize............................. 473 SR 984-- Alapaha Judicial Circuit CFR Committees; recognize................................ 473 SR 985-- Atlanta's John Marshall Law School's Negotiation Team; recognize........................................................................................... 473 SR 986-- Elder, Reverend Jimmy; recognize.............................................................. 473 SR 987-- Steele, Ariel; recognize................................................................................ 473 SR 988-- Salerno, Louis; commend ............................................................................ 473 SR 989-- Brown, Wylie; commend............................................................................. 473 SR 990-- Stevens Creek Elementary School; recognize ............................................. 473 SR 991-- 15th Annual Collard Green Festival; recognize .......................................... 474 SR 992-- Adams, Mrs. Eunice Hines; condolences .................................................... 474 SR 993-- Moore, Charles H. Sr.; condolences ............................................................ 474 SR 994-- Senate Broadband Availability Study Committee; create.......... 464, 989, 1028 SR 995-- Molinaro, Tyler; commend .......................................................................... 474 SR 996-- Griffin, Sara; commend ............................................................................... 474 SR 997-- Williams, Alex; commend ........................................................................... 474 SR 998-- Albert, Jake; commend ................................................................................ 474 SR 999-- State Board of Education; urge to provide a course; stop teen dating violence ................................................................. 464, 1146, 1233 SR 1000-- Wojtczak, Jennifer; commend ..................................................................... 474 SR 1001-- Link, Tina; commend................................................................................... 474 SR 1002-- Wang, Lisa; commend ................................................................................. 475 SR 1003-- Morrison, Emily; commend......................................................................... 475 SR 1004-- Martin, David; commend............................................................................. 475 SR 1005-- Rowell, Leighton Michelle; commend ........................................................ 475 SR 1006-- Protos, Jacqueline; commend ...................................................................... 475 SR 1007-- Decatur County Forestry Unit; recognize.......................................... 475, 2099 INDEX 4805 SR 1008-- Coweta-Fayette-South Fulton County Forestry Unit; recognize ............................................................................................ 475, 2099 SR 1009-- Chattahoochee District; recognize ..................................................... 475, 2099 SR 1010-- Bhatta, Manasa; recognize........................................................................... 476 SR 1011-- Congress; urge to enact the FairTax ............................................................ 464 SR 1012-- Adams, Andrew; commend ......................................................................... 511 SR 1013-- Boggs, David Walter; recognize.................................................................. 511 SR 1014-- Mountain Caucus of the Georgia State Senate; create ........... 502, 3276, 3277, 4005, 4006 SR 1015-- Richardson, Freddie; condolences ............................................................... 511 SR 1016-- United Technologies Corporation Employee Scholar Day; recognize February 23, 2012............................................................... 511 SR 1017-- Africa Heritage Foundation; Chief Tunde Adetunji; recognize ............................................................................................ 512, 1068 SR 1018-- Andrews, Mr. George G.; recognize............................................................ 512 SR 1019-- Smalls-Muldrow, Kenneth; recognize ......................................................... 512 SR 1020-- Berger, Pamela; recognize ................................................................. 512, 1561 SR 1021-- Jones, Martin; recognize .............................................................................. 512 SR 1022-- Hadassah; recognize .................................................................................... 512 SR 1023-- Brown, Senator Robert; honoring...................................................... 512, 1160 SR 1024-- Ruskell, Mark; commend............................................................................. 512 SR 1025-- General Assembly; authorize to provide by law for pari- mutuel wagering on horse racing; net proceeds; educational purposes-CA............................................................................. 502 SR 1026-- LifeSouth Community Blood Centers and the Five Points of Life Foundation; recognize ................................................ 513, 1160 SR 1027-- Sheppard, Greg; recognize........................................................................... 513 SR 1028-- Payne, Amy; commend................................................................................ 513 SR 1029-- Schuette, Cameron; commend ..................................................................... 513 SR 1030-- Morrison, Emily; commend......................................................................... 991 SR 1031-- Griffin, Sara; commend ............................................................................... 991 SR 1032-- Newton, James; commend ........................................................................... 992 SR 1033-- Mason, Isabel; commend ............................................................................. 992 SR 1034-- Wentworth, Gloria; commend ..................................................................... 992 SR 1035-- Ewing, Melody; commend........................................................................... 992 SR 1036-- United Association; recognize ..................................................................... 992 SR 1037-- Comcast; recognize............................................................................ 992, 1159 SR 1038-- Hudson, Dr. Charles D.; condolences................................................ 992, 1068 SR 1039-- Emanuel County; recognize......................................................................... 992 SR 1040-- "A Bag's Life" Day; recognize February 28, 2012 ...................................... 992 4806 INDEX SR 1041-- Tysinger, Honorable James W.; recognize ........................................ 993, 2026 SR 1042-- African American Business Month; recognize March ...................... 993, 1561 SR 1043-- Sweet, John; recognize ................................................................................ 993 SR 1044-- Yawn, Mr. Bruce; commend ....................................................................... 993 SR 1045-- Molinaro, Tyler; commend ........................................................................ 1029 SR 1046-- Williams, Alex; commend ......................................................................... 1029 SR 1047-- Martin, David; commend........................................................................... 1029 SR 1048-- Salerno, Louis; commend .......................................................................... 1029 SR 1049-- Swafford, Amanda; commend ................................................................... 1029 SR 1050-- Drake, Noah Sevenson; commend............................................................. 1029 SR 1051-- Carney, Mr. James "Moby"; recognize............................................ 1029, 1181 SR 1052-- Cleveland, Donald; recognize.................................................................... 1030 SR 1053-- Senate Science and Technologies Innovation Study Commission; create.................................................................................... 1021 SR 1054-- "Government Fiscal Responsibility Amendment"; provide procedures, conditions, and limitations ........................................ 1021 SR 1055-- Career, Technical, and Agricultural Education Month; recognize February 1 to February 29, 2012............................................... 1030 SR 1056-- Satcher, Dr. David; recognize.................................................................... 1030 SR 1057-- New Georgia Day; recognize September 25, 2012 ................................... 1030 SR 1058-- Children's Day; recognize February 28, 2012 ................................. 1030, 1068 SR 1059-- Camille Roty & Elizabeth Pfaff; recognize ............................................... 1061 SR 1060-- Johnny Hunt Highway; Cherokee County; dedicate ................................. 1051 SR 1061-- United States Department of Labor; urge to recall proposed policies ................................................................... 1051, 1340, 1549 SR 1062-- Reese, Miss Lenora; condolences.............................................................. 1061 SR 1063-- Mayor Pro Tempore Robert L. Thomas; condolences .............................. 1061 SR 1064-- Natural Resources, Dept.; urge to take measures to preserve, protect, and promote; historical heritage; Sapelo Island, Georgia............................................................................... 1052 SR 1065-- Senate Rules; amend........................................................................ 1052, 1149 SR 1066-- Freeland, Lieutenant James; recognize...................................................... 1061 SR 1067-- Counties; number of counties limited; county boundaries and county sites-CA ................................................................ 1052 SR 1068-- Georgia Ethics and Accountability Joint Study Committee; create ...................................................................................... 1052 SR 1069-- Community Affairs Dept. & Georgia Environmental Finance Authority; urge to set aside the adoption; Georgia amendments to the 2009 International Energy Conservation Code..................................................................................... 1052 INDEX 4807 SR 1070-- Bikers Day; recognize February 29, 2012 ....................................... 1151, 1160 SR 1071-- Korean War Veterans Memorial Highway; Dade County; dedicate ........................................................................................ 1133 SR 1072-- Lance Corporal William Taylor Richards Memorial Highway; Dade County; dedicate .............................................................. 1134 SR 1073-- Civil Air Patrol; recognize......................................................................... 1152 SR 1074-- American Red Cross Month; recognize March 2012 ...................... 1152, 2052 SR 1075-- Coosa High School Cheerleading Squad; recognize ................................. 1152 SR 1076-- Chapman, Jeffrey Lyndon; recognize........................................................ 1152 SR 1077-- National Council of Negro Women; DeKalb Section; recognize .................................................................................................... 1152 SR 1078-- Sligh, Stuart Frederick Jr.; condolences .................................................... 1152 SR 1079-- Harvey, Michelle Gignilliat; condolences ................................................. 1152 SR 1080-- Harris-Simmons, Ms. Melanie B.; recognize ............................................ 1152 SR 1081-- Genocide Prevention and Awareness Month; recognize April 2012 ........................................................................................ 1153, 2029 SR 1082-- Harpst, Ethel; recognize............................................................................. 1153 SR 1083-- William G. Long Interchange; Cherokee County; dedicate ...................................................................................................... 1228 SR 1084-- Preston B. Lewis, Jr. Memorial Highway; Burke County; dedicate ........................................................................................ 1229 SR 1085-- Wilson, Cyrus Carrier; recognize .............................................................. 1236 SR 1086-- March of Dimes Day; recognize March 5, 2012 ....................................... 1236 SR 1087-- Waddy, Reverend Isaiah J.; recognize....................................................... 1236 SR 1088-- Patton's Meat Market; recognize ............................................................... 1236 SR 1089-- Carrollton High School Cheerleading Squad; recognize........................... 1236 SR 1090-- Morrill Act; recognize ..................................................................... 1236, 2052 SR 1091-- Padgett, Dot; recognize.............................................................................. 1236 SR 1092-- Carrollton High School; recognize ............................................................ 1236 SR 1093-- Bland, Mr. Donald (Jones); condolences................................................... 1237 SR 1094-- 2012 Georgia Cotton Queens; recognize ......................................... 1237, 2027 SR 1095-- Chaffin, SFC Wade; commend........................................................ 1237, 2049 SR 1096-- Bremen Wal-mart Security; Manager Patrick Eller; commend.......................................................................................... 1237, 2049 SR 1097-- Baxter, Brittney; commend.............................................................. 1237, 2048 SR 1098-- Tallapoosa Primary School; commend ............................................ 1237, 2049 SR 1099-- Bremen Police Department; commend ............................................ 1237, 2049 SR 1100-- Tallapoosa Police Department; commend ....................................... 1237, 2049 SR 1101-- Hecht, William H. "Bill"; recognize.......................................................... 1238 SR 1102-- Georgia's Cooperatives; commend ............................................................ 1342 4808 INDEX SR 1103-- Gainesville High School Key Club; recognize................................ 1343, 1561 SR 1104-- State/Local Officers; urge members of Georgia National Guard and State Defense Force not to assist or cooperate with armed forces of United States....................................... 1327 SR 1105-- Baldwin County Mayor's Commission on Youth Leadership and High Achievers Program; recognize ................................ 1343 SR 1106-- Bailey, Sarah Randolph; recognize............................................................ 1343 SR 1107-- Yancey, Ms. Evonne; recognize ................................................................ 1343 SR 1108-- Dyer, Mr. David; commend....................................................................... 1343 SR 1109-- Youth Villages Georgia Day; recognize March 7, 2012 ........................... 1343 SR 1110-- Andrews, Mr. Leonard Allen; condolences ............................................... 1550 SR 1111-- Santangelo, Mr. Leonard; recognize.......................................................... 1550 SR 1112-- Scott, Dr. Shermal B.; recognize ............................................................... 1550 SR 1113-- Riley, Pastor Harry J.; honoring ................................................................ 1550 SR 1114-- Townsend, Dr. Beverly; recognize ............................................................ 1550 SR 1115-- Cheek, Dr. Kathryn K.; recognize ............................................................. 1550 SR 1116-- Johnston, Ms. Tera Davis; commend ........................................................ 1551 SR 1117-- Dunlap, William Conrad; commend.......................................................... 1551 SR 1118-- Gale, Officer Courtney; recognize............................................................. 1551 SR 1119-- Georgia Speech-Language-Hearing Association Day; recognize March 19, 2012 .............................................................. 1551, 2136 SR 1120-- Fix a Leak Week; recognize March 12-18, 2012 ...................................... 1551 SR 1121-- Georgia Year of Cooperatives; recognize 2012......................................... 1551 SR 1122-- Train, Ms. Blair Kerr; recognize................................................................ 1551 SR 1123-- Loyd, Ms. Ann E.; recognize..................................................................... 1551 SR 1124-- St. Patrick's Day Parade Committee; recognize .............................. 1552, 2026 SR 1125-- Foran, Michael A.; recognize .......................................................... 1552, 2026 SR 1126-- Ansley, Timothy "Tim"; recognize.................................................. 1552, 2026 SR 1127-- Busbee, Mrs. Mary Beth; condolences ...................................................... 1552 SR 1128-- 25th Annual Law Enforcement Cookout; recognize ................................. 1552 SR 1129-- Retirement Housing Foundation; recognize .............................................. 1552 SR 1130-- Young, Mr. James "Jim" E.; condolences ................................................. 1552 SR 1131-- Concrete Day; recognize March 14, 2012 ....................................... 1553, 2048 SR 1132-- Hanks, Sr., Dr. Lawrence J.; condolences ....................................... 1553, 2064 SR 1133-- Fourth Annual Omega Psi Phi Fraternity, Inc.; recognize March 13, 2012 ......................................................................... 1553 SR 1134-- Kittle, Mr. Fred; recognize ........................................................................ 1553 SR 1135-- Georgia IronDawgs Bench Press; recognize ............................................. 1553 SR 1136-- Munford, Ms. Lottie Mae Reid; honoring ................................................. 1553 INDEX 4809 SR 1137-- Vice President of the Republic of Liberia, His Excellency Joseph N. Boakai; recognize................................................... 1553 SR 1138-- Cook, Pastor Tamarkus T.; recognize........................................................ 1553 SR 1139-- J.J. Biello Park Cherokee Tennis Court Center's USTA Senior Women's Team; commend ............................................................. 2020 SR 1140-- Freeman, Mrs. Jo Neal; condolences ......................................................... 2020 SR 1141-- Belle, Ms. Regina; recognize..................................................................... 2020 SR 1142-- Arrington, Honorable Marvin S. Sr.; recognize .............................. 2020, 2858 SR 1143-- Kick Butts Day; recognize March 21, 2012 .............................................. 2020 SR 1144-- Buckhead Coalition; recognize.................................................................. 2020 SR 1145-- Ariemma, Ms. Catherine; commend.......................................................... 2020 SR 1146-- Cromer, David; commend.......................................................................... 2021 SR 1147-- Ervin, Mr. Wayne; recognize..................................................................... 2021 SR 1148-- Fire Station 19 Firefighters; recognize ...................................................... 2021 SR 1149-- Davis, Mr. Ken; condolences..................................................................... 2021 SR 1150-- Chronic Obstructive Pulmonary Disease Awareness Month; recognize May 2012...................................................................... 2021 SR 1151-- Wiggins, Ms. Louversia L.; condolences .................................................. 2021 SR 1152-- Sibilly, Ms. Lorette A.; recognize ................................................... 2021, 2194 SR 1153-- Orlando, Steven M.; recognize .................................................................. 2021 SR 1154-- Dryden, Lieutenant Irma C. "Pete"; recognize .......................................... 2049 SR 1155-- Milton High School Boys Basketball Team; commend ............................ 2049 SR 1156-- Sheppard, Preston M. Jr.; recognize .......................................................... 2049 SR 1157-- Simpson, DaShan; recognize ..................................................................... 2049 SR 1158-- District Governor Alan Bethel; recognize ................................................. 2050 SR 1159-- National Men's Health Month; recognize June 2012................................. 2050 SR 1160-- Robinson, Dr. Joe Sam Jr.; recognize.............................................. 2050, 2195 SR 1161-- Bias, Mr. Richard R.; recognize ................................................................ 2050 SR 1162-- Environmental Protection Division; urge to develop a Toxic Use Reduction Strategy ................................................................... 2042 SR 1163-- State YMCA of Georgia's Youth Assembly; recognize .................. 2050, 2099 SR 1164-- Eta Phi Beta Sorority; recognize...................................................... 2050, 2293 SR 1165-- Lakeview Ft. Oglethorpe High School Academic Decathlon Team; commend ............................................................. 2134, 2195 SR 1166-- Kaplan, Tyler J.; recognize ........................................................................ 2134 SR 1167-- Akpabio, Princess Pat; recognize .............................................................. 2134 SR 1168-- Flanders, Mr. Frank B. Jr.; condolences .................................................... 2135 SR 1169-- Stephens, Ms. Ovis; recognize................................................................... 2135 SR 1170-- Tedders, Eric; commend ............................................................................ 2135 SR 1171-- Herold, Timothy James; commend............................................................ 2135 4810 INDEX SR 1172-- Little, Savannah Grace; commend............................................................. 2135 SR 1173-- Georgia Tech Cooperative Education Program; commend.................................................................................................... 2135 SR 1174-- Hunter, Coach Ron; recognize......................................................... 2099, 2135 SR 1175-- Ms. Ja'Naan; recognize .............................................................................. 2135 SR 1176-- Georgia Pre-K Week; recognize first week of October 2012 ................................................................................................. 2136, 2195 SR 1177-- Millican, Staff Sergeant Scott; recognize .................................................. 2136 SR 1178-- Zeanah, Dr. Michelle Reynolds; recognize ............................................... 2136 SR 1179-- Morgan, Ms. Pam; recognize..................................................................... 2136 SR 1180-- Davis, Belva Allen; recognize ................................................................... 2136 SR 1181-- Oliver, Ms. Beulah Rucker; recognize ...................................................... 2195 SR 1182-- Mapp, Maya; recognize ............................................................................. 2195 SR 1183-- Bond, Corey; recognize ............................................................................. 2195 SR 1184-- Senior Police Officer Eric Antonio Jones; recognize ................................ 2196 SR 1185-- CHRIS Kids Day; recognize March 22, 2012 ................................. 2196, 2858 SR 1186-- 2012 Senate Aides; commend ................................................................... 2196 SR 1187-- 2012 Senate Interns; commend.................................................................. 2196 SR 1188-- Senate Technology in Tax Collection Study Committee; create .......................................................................................................... 2187 SR 1189-- McEachern High School Girls Basketball Team; commend.......................................................................................... 2196, 2305 SR 1190-- Mitchell, Mr. Irving S.; condolences ......................................................... 2196 SR 1191-- Franklin, Dr. Robert Michael; recognize ................................................... 2196 SR 1192-- Farris, Mrs. Christine King; recognize ...................................................... 2196 SR 1193-- Morrill Act; recognize ............................................................................... 2197 SR 1194-- Hayslett, Ms. Marlitt; recognize ...................................................... 2197, 2858 SR 1195-- Johnson, Mr. Richie; recognize ....................................................... 2197, 2859 SR 1196-- Smyrna Presbyterian Church Congregation; Conyers, Georgia; recognize ..................................................................................... 2281 SR 1197-- St. Pius X Catholic Church Congregation; Conyers, Georgia; recognize ..................................................................................... 2281 SR 1198-- Life Church Congregation; Conyers, Georgia; recognize .................................................................................................... 2281 SR 1199-- Conyers Presbyterian Church Congregation; Conyers, Georgia; recognize ..................................................................................... 2282 SR 1200-- Trinity Baptist Church Congregation; Conyers, Georgia; recognize ..................................................................................... 2282 SR 1201-- New Life in Christ Baptist Church Congregation; Conyers, Georgia; recognize ..................................................................... 2282 INDEX 4811 SR 1202-- Epiphany Lutheran Church Congregation; Conyers, Georgia; recognize ..................................................................................... 2282 SR 1203-- Brown, Mrs. Josephine Burdette; recognize.............................................. 2282 SR 1204-- Lee, Mr. James Foon; recognize................................................................ 2282 SR 1205-- Ward, Pastor James Cornell; recognize ..................................................... 2282 SR 1206-- Conyers, City of; recognize ....................................................................... 2282 SR 1207-- Senior Police Officer Elmer B. "Buddy" Christian III; condolences................................................................................................ 2282 SR 1208-- Boys and Girls Clubs of Georgia; recognize ............................................. 2195 SR 1209-- O'Donnell, Ms. Leah; recognize ................................................................ 2283 SR 1210-- Lieutenant Kristi Peterson Wigington; recognize...................................... 2283 SR 1211-- Transportation, Department of; urge to seek alternative options to alleviate motor vehicle congestion throughout Metro Atlanta ................................................................ 2187, 2936 SR 1212-- Gainesville State College's Politically Incorrect Club; recognize .................................................................................................... 2283 SR 1213-- Senate Complete Streets Study Committee; create ......................... 2269, 2936 SR 1214-- Ossie Davis Parkway; Ware County; dedicate .......................................... 2269 SR 1215-- Wernick, Mr. Joel; recognize........................................................... 2283, 2859 SR 1216-- Senior Police Officer Tony Howard; recognize ........................................ 2283 SR 1217-- Senate Garnishment Proceedings Study Committee; create ...................................................................................... 2269, 2960, 2961 SR 1218-- Love, Kyle; recognize................................................................................ 2283 SR 1219-- Independent Bookstores and Booksellers; recognize ................................ 2283 SR 1220-- Senate Study Committee on Georgia Ethics and Accountability; create ........................................................... 2269, 3276, 3277, 4005 SR 1221-- City Schools of Decatur Board of Education; recognize........................... 2283 SR 1222-- Lucy C. Laney High School Boys Basketball Team; recognize .......................................................................................... 2284, 2858 SR 1223-- Judge Kenneth O. Nix Highway; Cobb County; dedicate ...................................................................................................... 2269 SR 1224-- Byrd, Mr. Joey; recognize.......................................................................... 2884 SR 1225-- Lieutenant Matt O'Keefe; recognize.......................................................... 2884 SR 1226-- Grayson High School Football Team; recognize....................................... 2884 SR 1227-- Multiple Sclerosis Awareness Day; recognize March 22, 2012 .......................................................................................... 2884 SR 1228-- 2011 Milton High School Girls Lacrosse Team; recognize .................................................................................................... 2884 SR 1229-- Cardoza, Mr. Randy; recognize ................................................................. 2885 SR 1230-- Brint, Mrs. Everlena; recognize................................................................. 2885 4812 INDEX SR 1231-- Ekta Parab and Caymus Price; recognize .................................................. 2885 SR 1232-- Miller Grove High School Girls Basketball Team; recognize .................................................................................................... 2885 SR 1233-- Columbia High School Girls Basketball Team; recognize .................................................................................................... 2885 SR 1234-- Columbia High School Boys Basketball Team; recognize .................................................................................................... 2885 SR 1235-- Pacific Institute of Technology; recognize ................................................ 2885 SR 1236-- Henley, Mr. Emmitt Wilson Jr.; condolences............................................ 2886 SR 1237-- Macon-Bibb County Fire Department; recognize ..................................... 2886 SR 1238-- Johnson, Mr. Frank J.; recognize............................................................... 2886 SR 1239-- Oliver, Mr. Bruce; recognize ..................................................................... 2886 SR 1240-- Archer, Ms. Jacqueline; recognize............................................................. 2962 SR 1241-- Bennett, Mr. Everett; condolences............................................................. 2962 SR 1242-- Senate Study Committee on the Horse Racing Industry; create .......................................................................................................... 2953 SR 1243-- Federal Government; urge to cease the collection of motor fuel taxes in Georgia .................................................. 2954, 2963, 3276, 3277 SR 1244-- Piedmont Newnan Hospital and Piedmont Healthcare; recognize .................................................................................................... 2963 SR 1245-- Cleland, Senator Max; recognize............................................................... 2963 SR 1246-- Pine Lake Mayor Gregory M. Zarus; recognize........................................ 2963 SR 1247-- Middlebrooks, Mr. Steve; recognize ......................................................... 2963 SR 1248-- Albert, Jacob; commend ............................................................................ 2963 SR 1249-- McNeal, Dr. Lorenzo P.; condolences....................................................... 2963 SR 1250-- Morgan, Mrs. Jean Anderson; recognize ................................................... 2963 SR 1251-- Miller Grove High School Boys Basketball Team; recognize .................................................................................................... 2963 SR 1252-- Weeks, Mr. James W.; recognize .............................................................. 2964 SR 1253-- Senate Retail Dealers of Distilled Spirits Study Committee; create ...................................................................................... 2954 SR 1254-- Brown, Mr. Thomas D.; recognize ............................................................ 2964 SR 1255-- Thurmond, Cain; recognize ....................................................................... 2964 SR 1256-- Mr. Bill Donald Wilkinson and Mrs. Dorothy Francis Andrews Wilkinson; condolences ............................................................. 2964 SR 1257-- Arrington, Honorable Marvin S. Sr.; recognize ........................................ 2964 SR 1258-- Urban eLife, Inc. and GreenSHADES Design Team; recognize .................................................................................................... 2964 INDEX 4813 SR 1259-- His Royal Majesty Igwe Ralph Obumnnemeh Ekpeh and Association of Enugwu-Ukwu Indigenes in the U.S. of America; recognize................................................................................ 2964 SR 1260-- American Business Women's Association Greenbriar Chapter; recognize ..................................................................................... 2964 SR 1261-- Moore, Matthew; recognize....................................................................... 2965 SR 1262-- Lawrence, Max; recognize......................................................................... 2965 SR 1263-- Kelley, Ron; recognize .............................................................................. 2965 SR 1264-- Gordon Lee High School Wrestling Team; recognize .............................. 2965 SR 1265-- Queen, Jordan Douglas; condolences ........................................................ 2965 SR 1266-- McGaw, Officer Keith; recognize ............................................................. 3277 SR 1267-- Scudder, Mr. Brian; recognize................................................................... 3277 SR 1268-- Franco, Sergeant Walter; recognize........................................................... 3277 SR 1269-- Heritage High School Wrestling Team; recognize.................................... 3277 SR 1270-- Edwards, Mr. Franklin "Frank"; recognize................................................ 3277 SR 1271-- Bryant, Reverend Dean; condolences........................................................ 3278 SR 1272-- Alfonso, Nathan; recognize ....................................................................... 3278 SR 1273-- Sequoyah High School Physics Team; recognize ..................................... 3278 SR 1274-- Evans, Mother Dorethea Daye; recognize ................................................. 3278 SR 1275-- McCully, Richard P.; recognize................................................................. 3278 SR 1276-- Harmon, Dr. W. Ken; recognize ................................................................ 3278 SR 1277-- Papp, Dr. Daniel S.; recognize................................................................... 3278 SR 1278-- Bobo, Ms. Patsy and Mr. Joe McGlamery; recognize............................... 3278 SR 1279-- Atlanta Assistance League; recognize ....................................................... 3279 SR 1280-- Coker, Mr. William Douglas "Doug" Sr.; condolences............................. 3279 SR 1281-- Environmental Protection Division; urge to provide expeditious review and ultimate approval of water and wastewater facility plans and permits........................................................ 3275 SR 1282-- Sutherland, Mrs. Joan Miller; condolences ..................................... 3279, 3280 SR 1283-- District 35 Legislative Day; recognize March 27, 2012.................. 3279, 3280 SR 1284-- Anaphylaxis Awareness Week; recognize August 26September 1, 2012 ..................................................................................... 3279 SR 1285-- Button Gwinnett Day; recognize second Wednesday of April of 2012.............................................................................................. 3279 SR 1286-- Jagiella, Dr. Waclav "Walter" James Constantine; condolences................................................................................................ 3279 SR 1287-- Hinton, Mr. Russell; commend........................................................ 3279, 3993 SR 1288-- Harbison, Mrs. Cecilia; condolences ......................................................... 3280 SR 1289-- Whitefield Academy Boys Varsity Basketball Team; recognize .................................................................................................... 3280 4814 INDEX SR 1290-- Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; recognize April 24, 2012 ................................... 3280 SR 1291-- Georgia History Month; recognize September ................................ 3280, 3300 SR 1292-- Pastor Leroy Barber's initiative, "Green My Hood"; recognize .................................................................................................... 3280 SR 1293-- Snyder, Mrs. Edna Louise; recognize........................................................ 3994 SR 1294-- Holcombe, Ms. Vickey; recognize ............................................................ 3994 SR 1295-- Wentz, Mrs. Sally Rebecca; recognize ...................................................... 3994 SR 1296-- Russell, Julianna; recognize....................................................................... 3994 SR 1297-- Land, Judge John Henry; condolences ...................................................... 3994 SR 1298-- Murrah, Jr., Mr. William Nolan; condolences........................................... 3994 SR 1299-- Rawls, Mr. Sam; condolences ................................................................... 3994 SR 1300-- MAP International; recognize.................................................................... 3995 SR 1301-- 2012 Senate Administrative Assistants; recognize.................................... 3995 SR 1302-- Sweat, Kevin Michael; recognize .............................................................. 3995 SR 1303-- Borum, Mr. Bradford R. and Mrs. Shannon Lee Wallace; recognize..................................................................................... 3995 SR 1304-- Blogger Day; recognize March 29, 2012................................................... 3995 SR 1305-- Bethesda Academy Boys Basketball Team; congratulate.......................... 3995 SR 1306-- The American Legion; recognize .............................................................. 3995 SR 1307-- Adams, Rylan Charles; celebrate birth ...................................................... 3996 SR 1308-- Orok, Reverend Tommy; recognize .......................................................... 3996 SR 1309-- Wilson, Captain Harry "Ken"; recognize .................................................. 3996 SR 1310-- Lieutenant Colonel Shirley Arnold; recognize .......................................... 3996 SR 1311-- Georgia Food Industry Association; recognize ......................................... 3996 SR 1312-- Touhy, Mrs. Angela W.; recognize ................................................. 3993, 3994 SR 1313-- White County High School's Warrior Television Network; recognize.................................................................................... 3996 SR 1314-- Georgia's Day of Remembrance of the Armenian Genocide of 1915-1923; recognize April 24, 2012 ................................... 3996 SR 1315-- Joshua Project Worldwide; recognize ....................................................... 4157 SR 1316-- Herrin, Ms. Priscilla; recognize ................................................................. 4157 SR 1317-- Pate, Ms. Cindy; recognize ........................................................................ 4157 SR 1318-- Fincher, Ms. Alice; recognize.................................................................... 4157 SR 1319-- Higgins, Mr. David; recognize .................................................................. 4157 SR 1320-- Fowler, Mr. Andy; recognize..................................................................... 4157 SR 1321-- Parker, Pastor Herman; recognize ............................................................. 4158 SR 1322-- Howard, Mr. David; recognize .................................................................. 4158 SR 1323-- On Common Ground News; recognize...................................................... 4158 SR 1324-- Vivian, Dr. C.T.; recognize........................................................................ 4158 INDEX 4815 SR 1325-- Thompson, Kennedi Babers; recognize ..................................................... 4158 SR 1326-- Thompkins, Lauren Alexis; recognize....................................................... 4158 SR 1327-- Smith, Diamond Jandice; recognize .......................................................... 4158 SR 1328-- Smith, Charley Alexandria; recognize....................................................... 4158 SR 1329-- Shephard-Pettigrew, Seretta Monae; recognize......................................... 4158 SR 1330-- Morris, Cheyanne Aleah; recognize .......................................................... 4159 SR 1331-- McCuin, Chelsea LaShawn; recognize...................................................... 4159 SR 1332-- Hall, Meosha Rachal; recognize ................................................................ 4159 SR 1333-- Gates, Abrya Nykole; recognize................................................................ 4159 SR 1334-- Garden, Chloe Alysse; recognize .............................................................. 4159 SR 1335-- Eaton, Iman Kyra; recognize ..................................................................... 4159 SR 1336-- Days, Asia Michelle; recognize ................................................................. 4159 SR 1337-- Davis, Deja Regine; recognize .................................................................. 4159 SR 1338-- Cox, Taylor Louise; recognize .................................................................. 4159 SR 1339-- Clay, Chaz Nicole; recognize .................................................................... 4160 SR 1340-- Chisolm, Morgan Angelique; recognize.................................................... 4160 SR 1341-- Wolff, Quincy Marshall; recognize ........................................................... 4160 SR 1342-- Walker, Christian Jordon; recognize ......................................................... 4160 SR 1343-- Smith, Steven Wayne; recognize ............................................................... 4160 SR 1344-- Smith, Joshua Evan; recognize .................................................................. 4160 SR 1345-- Simpson-James, Justin McDuff; recognize ............................................... 4160 SR 1346-- Moore, Rodney G.; recognize.................................................................... 4160 SR 1347-- Miller, Matthew Joseph; recognize............................................................ 4160 SR 1348-- Howard, Paul L. III; recognize .................................................................. 4161 SR 1349-- Harrison, Timothy Zachary; recognize...................................................... 4161 SR 1350-- Gunner, Cameron David; recognize .......................................................... 4161 SR 1351-- Green, Ryan Kristopher; recognize ........................................................... 4161 SR 1352-- Gilstrap, David Sanders; recognize ........................................................... 4161 SR 1353-- Farrar, Anthony Todd; recognize .............................................................. 4161 SR 1354-- Cox, Jerome II; recognize.......................................................................... 4161 SR 1355-- Carruthers, Kyle Christopher; recognize ................................................... 4161 SR 1356-- Gunner, Larry David III; recognize ........................................................... 4161 SR 1357-- Forgay, Mr. Ryan; recognize ..................................................................... 4162 SR 1358-- Gary, William Rodney Jr.; recognize ........................................................ 4162 SR 1359-- Clay, Olivia Braxton; recognize ................................................................ 4162 SR 1360-- Carson, Bishop Kenneth Pierre; recognize ................................................ 4162 SR 1361-- Atlanta Chapter of World Wings International, Inc.; recognize .................................................................................................... 4162 SR 1362-- Howell, Vikki; recognize........................................................................... 4162 4816 INDEX SR 1363-- Johnson, Lil Willie; recognize ................................................................... 4162 SR 1364-- District 35 Student Volunteers and Interns; recognize .............................. 4215 SR 1365-- Harmon, Dr. W. Ken; recognize ................................................................ 4215 SR 1366-- Papp, Dr. Daniel S.; recognize................................................................... 4215 SR 1367-- Grace Lutheran Church; recognize ............................................................ 4215 SR 1368-- Veterans and Community Outreach Foundation; recognize .................................................................................................... 4215 SR 1369-- Borum, Mr. Bradford R. and Ms. Shannon Leigh Wallace; recognize..................................................................................... 4215 SR 1370-- Wallace, Ms. Marcia D.; recognize ........................................................... 4552 SR 1372-- Hooks, Senator George; recognize .................................................. 4648, 4649 INDEX PART II, NUMERIC INDEX HOUSE BILLS AND RESOLUTIONS 4817 HB 33-- Budget Act; zero-base budgeting; provide ........................... No action in 2012 HB 39-- Education; home study programs; declaration of intent and attendance records sent to Department of Education; provide ...................................................................... 27, 152, 2136, 2137, 4203 HB 46-- Uniform Interstate Depositions and Discovery Act; enact ............................................................................................................... 80 HB 48-- Ad valorem tax; freeport exemptions; revise and change certain provisions ................................................................ 27, 267, 389, 1147, 1561, 1562, 2092 HB 52-- Disabled persons with service dog; schools, colleges, and universities; add provisions..................................................................... 28 HB 64-- Attorney fees; validity and enforcement; change provisions.............................................................................. No action in 2012 HB 91-- Drivers' licenses; felony offense demarcated on license; provisions......................................................................................... 2855, 2857 HB 93-- Code enforcement boards; code enforcement officers; change definition................................................................ 28, 201, 2293, 2294 HB 98-- Macon-Bibb, Georgia; provide unified government ............ No action in 2012 HB 100-- Georgia Tax Tribunal; create................................................ 1428, 1437, 2192, 2280, 3308, 3319, 4073 HB 110-- Mortgages and liens; vacant and foreclosed real property registries; provide....................................................... 28, 46, 64, 266, 1562, 1571, 1577, 2950 HB 129-- Conveyances; future conveyance of real property; prohibit fee ................................................................................ 142, 238, 2081, 4529 HB 130-- Career and Technical Education Advisory Commission; meetings; change certain provisions ...................................................... 29, 152 HB 133-- Income tax payment; de minimis overpayments and insufficiencies; provisions ....................................................... 192, 4113, 4686 HB 149-- Magistrates; termination under certain circumstances; provide ................................................................................................. 29, 2855 HB 164-- Revenue and tax; coin operated amusement machines; revise and add definitions ..................................................... No action in 2012 HB 172-- Education; temporarily extend multiple provisions.............. No action in 2012 4818 INDEX HB 173-- Teachers; expungement of records; revise provisions........................... 29, 152 HB 175-- Quality Basic Education Act; provide various additional academic and extracurricular options for students; Online Clearinghouse Act; enact ................................................ 29, 152, 1562, 1571, 4463, 4574 HB 181-- Special needs scholarship program; provide additional notification; waiver one requirement; provisions ....................... 30, 152, 2908, 2910, 4272 HB 183-- General Assembly members; members of Georgia Legislative Retirement System; provisions .............................. 965, 977, 2046, 2098, 2293, 2295 HB 196-- Search warrants by video conference; what portion of video maintained; clarify ...................................................... No action in 2012 HB 198-- Superior court clerks; real estate or personal property filing fees; remove sunset date ................................................. 30, 2855, 3308, 3619, 4725 HB 199-- Controlled substances; additional Schedule I substances; provide ............................................................... No action in 2012 HB 205-- Georgia Lemon Law; consumer; define term....................... No action in 2012 HB 208-- Retirement; employment of a retired teacher as a fulltime teacher; change date of automatic repeal...................... 1224, 1229, 2046, 2098, 2293, 2301 HB 215-- Drivers' licenses; convicted of crime against a minor; prohibit certain transport....................................................... 1045, 1052, 2096, 2193 HB 228-- Sales and use tax; distribution of unidentifiable proceeds; limit commissioner's authority ...................................................... 30 HB 237-- Residential mortgage fraud; mortgage lending process; revise definition .......................................................................... 31, 359, 2293, 2303, 4272 HB 247-- Firefighter standards and training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements.......................................................................... 1411, 1438, 2854, 2857, 3308, 3622, 4725 HB 250-- Georgia Judicial Retirement System; revised survivor's benefit option; provisions ..................................................... 1046, 1053, 2046, 2098, 3027, 3029 HB 253-- Public Safety, Department of; sell or trade surplus vehicles; allow ................................................................................... 31, 62, 68 INDEX 4819 HB 262-- Elections; add 1 percent judicial qualifying fee to fund the Commission; provide ...................................................... No action in 2012 HB 272-- Juvenile court; rehearing an order of associate juvenile court judge; delete provision .................................................... 31, 2192, 2908, 2914 HB 279-- Motor vehicles; use of child restraint systems; increase age .................................................................................................................. 31 HB 289-- Ad valorem tax exemptions; revise a definition .............................. 1224, 1229 HB 293-- Retirement bills; define a certain term................................................... 32, 118 HB 295-- Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide ..................................... 110, 116, 469, 510 HB 297-- Retirement and pensions; public systems prohibited from expending fund for certain purposes; provide ................... 32, 118, 2909, 2917 HB 308-- Public retirement systems; duties of boards of trustees; provide ................................................................................................... 32, 118 HB 315-- Watercraft operation; 0.08 alcohol concentration; violation; provide ......................................................................................... 105 HB 318-- Sales and use tax exemptions; donated food for hunger relief; extend ......................................................................... 1313, 1327, 2959, 2961, 3303, 3309, 3628, 4017, 4114, 4464, 4499, 4683 HB 332-- Universal Access Fund; showing contributions on customers' bills; provide requirements ................................. 2960, 2961, 3309, 3634, 4725 HB 334-- Sales and use tax exemptions; food and beverages to food bank; extend.................................................................. 1313, 1327, 2959, 2961, 3306, 3309, 3636 HB 337-- Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions ................................... 187, 195, 2278, 2280, 3312, 3932 HB 342-- Stalking; family violence order; define .................................... 302, 305, 2855, 2857 HB 347-- Employment security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio................. 32, 2959, 3296, 3309, 3644, 3939, 4071, 4118, 4214, 4255, 4589, 4730 4820 INDEX HB 351-- Probate Courts Retirement Fund of Georgia; change portion of fines paid to Judges.................................................. 131, 136, 2856, 2857, 3312, 3936 HB 364-- Peachtree City, City of; levy excise tax................................ No action in 2012 HB 370-- Risk-based capital levels; trend test property and casualty companies; require........................................................................... 33 HB 371-- Insurable interest; state entity; not fund life insurance on public officers or employees; provide .............................................. 33, 244 HB 372-- Bonds; release unclaimed bonds one year after surety released; provide .............................................................................. 1012, 1021 HB 374-- Cosmetologists; examinations and applications for certificates of registration; change certain provisions ......................... 33, 2960 HB 386-- Revenue and taxation; revenue structure; comprehensive revision ........................................................ 2259, 2280, 2843, 2909, 2913 HB 397-- State government; open meetings and records; revise provisions.............................................................................. 1313, 1327, 2192, 2280, 3296, 3309, 3645, 4273 HB 398-- Fulton County; Board of Education pensions and retirement; correct typographical errors ............................... 2846, 2851, 3276, 3281, 3294 HB 407-- Payment of taxes; population bracket under 2010 census; update ............................................................................ 430, 438, 2951 HB 409-- Veterinarians; application for license; revise provisions............ 317, 328, 480, 1340, 1549, 2250 HB 419-- Foreclosure; time of delivery of notice of proceedings; change ................................................................................... 1012, 1021, 2854, 2857 HB 424-- Superior Court Clerks' Retirement Fund; death benefit for members; provide................................................................ 111, 117, 2046, 2098 HB 434-- Social workers; requirements for licensure; revise provisions.................................................................................. 965, 978, 2046, 2098, 2293, 2305 HB 450-- Setoff debt collection; debts owed to public housing authorities; authorize............................................................. 1411, 1438, 2959, 2961 HB 453-- Dawsonville Airport Authority Act; enact ........................... No action in 2012 HB 456-- Georgia Government Accountability Act; enact .................. 1121, 1134, 2191, 2280, 3309, 3683, 4203 HB 459-- City of College Park Water and Sewer Authority; create..... No action in 2012 INDEX 4821 HB 462-- Coin operated amusement machines; limit on number allowed at location; exception ....................................................................... 34 HB 463-- Limited licenses; insurance coverage on self-service storage; provide..................................................................... 1046, 1053, 2278, 2280, 3309, 3689 HB 470-- Registered professional nurse; requirements for preceptorship for applicants; revise ............................................................... 34 HB 472-- Brewpub distribution system; maximum barrels of beer manufactured and sold; increase............................................... 458, 465, 2097, 2193, 2909, 2919 HB 475-- Development Authorities Law; include facilities owned by public or private entity; amend definition ...................................... 235, 240 HB 477-- Insurance; transition from annual to biennial license renewal; provide ................................................................... 34, 118, 219, 220, 2092 HB 481-- Braselton, Town of; initial terms of office for board members; correct.................................................................... 2960, 2967, 3026 HB 513-- Life insurance; group life insurance policy to approved groups; allow issuance .......................................................... 1224, 1229, 2278, 2280 HB 514-- Distilled spirits; free tastings on premises; authorize ............... 495, 502, 1056, 1150, 2250, 2252 HB 520-- Energy purchase; amount of energy provider is required to purchase from generator; change...................................... 1225, 1229, 2960, 2961 HB 534-- Eligibility requirements; probate court clerks; modify provisions.............................................................................. 1497, 1526, 2960, 2961, 3309, 3690 HB 535-- War veterans homes; Veterans Service Board establish residency fee; authorize ........................................................ 1314, 1328, 2191, 2280, 2909, 2920 HB 539-- Savannah, City of; term of office of board of education president; revise provisions .................................................. No action in 2012 HB 541-- Judicial and other proceedings; prohibit intimidation of law enforcement officers in retaliation for officer's actions of carrying out official duties ................................... 1121, 1134, 2855, 2857, 3312, 3946, 4115, 4725 HB 542-- Employees' Retirement System of Georgia; transfer service credit; provide............................................................... 211, 213, 2278, 2280 4822 INDEX HB 548-- Workers' compensation; parties to franchise agreement not considered employees; provide ...................................... 1121, 1134, 2096, 2193, 3027, 3034 HB 561-- Dodge County; Board of Education officers receive compensation; provide.......................................................... No action in 2012 HB 571-- McIntyre, Town of; incorporate; grant new charter ............................ 118, 121 HB 572-- Twiggs County; Board of Education member compensation; change provisions ........................................................ 101, 106 HB 580-- Barrow County Governing Authority Study Commission; create............................................................... No action in 2012 HB 586-- Rockdale County; chief magistrate; provide election........... No action in 2012 HB 604-- Lower Chattahoochee Regional Transportation Authority Act; enact............................................................................. 444, 450 HB 608-- Cobb County State Court; charge technology fee; authorize................................................................................ No action in 2012 HB 614-- Polk County; ad valorem tax for county purposes; provide exemption ................................................................. 3992, 4001, 4003 HB 615-- Polk County; ad valorem tax for county purposes; provide exemption ................................................................. 3992, 4001, 4003 HB 616-- Polk County; ad valorem tax; educational purposes; provide exemption ................................................................. 3992, 4001, 4003 HB 617-- Polk County; ad valorem tax; educational purposes; provide exemption ................................................................. 3992, 4002, 4003 HB 628-- Coolidge, City of; time of municipal elections; change provisions............................................................................................. 389, 400 HB 634-- Ad valorem tax; population brackets and census; change provisions ..................................................................... 458, 465, 2192, 2280, 3298, 3309, 3691, 4203 HB 635-- Macon Water Commissioners - Pension Plan; change provisions.................................................................................. 459, 465, 2278, 2280, 3027, 3035 HB 636-- Brookhaven, City of; provide a charter .................................. 453, 2279, 2280, 3027, 3040, 4726 HB 638-- Randolph County; board of elections and registration; create .................................................................................................... 444, 450 HB 640-- Insolvent insurers; claimants rights; correct certain language .................................................................................... 495, 503, 2959, 2961 HB 641-- Courts; juvenile proceedings; substantially revise provisions............................................................................... 1225, 1230, 2855 INDEX 4823 HB 642-- State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services ................. 278, 283, 509, 990, 2027 HB 648-- Legal services for indigents; certain fees to fund accused; change provisions.............................................................. 1314, 1328 HB 651-- Charter system earnings; full-time equivalent student; repeal................................................................................................ 1499, 1527 HB 665-- Clerk of superior court offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ............................................................... 1383, 1409, 2855, 2857, 3309, 3694, 4726 HB 675-- Nurses; approved nursing education programs; revise definitions ................................................................................... 179, 185, 214, 244, 273, 275 HB 681-- Food sales and service establishments; revise definitions; exempt certain activities .................................... 1500, 1527, 2854, 2857 HB 683-- Garnishment proceedings; filing of certain answers may be done by authorized officers or employees; provisions........... 111, 117, 172, 202, 219, 225 HB 684-- Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize............................................................. 1536, 1542, 2193, 2280, 3312, 4014 HB 685-- Dogs; dangerous and vicious; revise provisions................... 1536, 1542, 2855, 2857, 3027, 3082, 3946, 4726 HB 687-- Alarm monitoring service companies; utilize alarm verification; provisions ............................................................. 495, 503, 2278, 2280 HB 690-- Coweta County; board of commissioners; revise districts................................................................................. 131, 136, 201, 205 HB 692-- Educational professionals; reduce salary if test scores were falsified; provide .......................................................... 1122, 1135, 2018, 2047, 3027, 3090 HB 693-- Screven County; board of commissioners; provide member elections ................................................................. 430, 438, 990, 994 HB 694-- Coweta County; board of education; change description of districts ............................................................................ 132, 136, 201, 206 HB 700-- Effingham County; Board of Education; correct dates of certain elections .................................................................... 75, 250, 254, 256, 303 4824 INDEX HB 701-- Troup County; Board of Commissioners; change description of districts.......................................................... 132, 137, 201, 206 HB 702-- Troup County; Board of Education; change description of districts ............................................................................ 132, 137, 201, 206 HB 706-- Elementary and secondary education; delete and clarify provisions.................................................................................... 211, 214, 388, 445, 2053, 4204 HB 707-- Elections; valid student identification card with photograph to vote; provide...................................................... 317, 328, 2045, 2098, 3309, 3726, 4716 HB 708-- Jones County; Board of Education; change description of districts ...................................................................................... 76, 307, 311 HB 709-- Bryan County; Board of Education; change description of districts ............................................................................ 148, 150, 267, 271 HB 710-- Jones County; Board of Commissioners; reapportion commissioner districts ................................................................... 76, 307, 311 HB 711-- Evidence; privileges; change provisions .................................. 278, 283, 2018, 2047, 2293, 2306 HB 712-- Pickens County; Board of Commissioners; clarify dates; change description of districts ............................................. 76, 332, 339 HB 713-- Quality Basic Education Act; career and college readiness initiatives; delay implementation........................ 111, 117, 331, 360, 2053, 2064, 4273 HB 723-- Putnam County; Board of Education; change method of electing members ................................................................. 148, 151, 201, 207 HB 725-- Elections; selection and qualification of candidates and presidential electors; provisions ........................................ 279, 284, 988, 1028 HB 726-- Peach County; board of commissioners; change description of districts.......................................................... 168, 171, 332, 339 HB 727-- Peach County; Board of Education; change description of districts ............................................................................ 168, 171, 332, 339 HB 728-- Property; covenants; clarify provisions .................................... 378, 385, 2855, 2857, 3027, 3091 HB 729-- Revenue and taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax .................................... 347, 355, 1056, 1150, 2025, 2027, 2029, 4273 HB 730-- Administrative Services, Department of; public works construction contracts; provisions ....................................................... 496, 503 INDEX 4825 HB 732-- Motor vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates.............. 1314, 1328, 2019, 2047, 3027, 3092, 4276 HB 733-- Family violence; holdover provisions for appointees; add............................................................................................. 459, 466, 2279, 2280, 3027, 3093 HB 737-- Walton County; Board of Commissioners; change description of districts.......................................................... 347, 356, 990, 994 HB 738-- Walton County; Board of Education; change provisions to districts............................................................................. 348, 356, 990, 995 HB 740-- Carroll County; Board of Commissioners; change description of districts.......................................................... 132, 137, 201, 207 HB 741-- Supplemental appropriations; State Fiscal Year July 1, 2011 - June 30, 2012 ............................................... 246, 249, 444, 470, 518, 534, 1577, 1586, 2038 HB 742-- General appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 ................................................. 1399, 1410, 2191, 2257, 2294, 2308, 2842, 2843, 2859, 2884, 3337 HB 743-- Motor fuel tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ........................................................... 1314, 1328, 2959, 2961, 3308, 3314, 4683, 4718 HB 744-- Uniform Partition of Heirs Property Act; enact........................ 378, 386, 2192, 2280, 3309, 3727 HB 745-- Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require...................................................................... 1315, 1329, 2854, 2857, 3312, 3946, 4007 HB 746-- Commissioner of Agriculture; final decision and reconsideration; clarify timing.............................................. 1225, 1230, 2045, 2098, 3312, 3946, 4010 4826 INDEX HB 749-- Calhoun County; Board of Education; provide new districts................................................................................. 187, 195, 389, 400 HB 750-- Calhoun County; provide new commissioner districts........ 188, 196, 389, 400 HB 751-- Jasper County; Probate Court judge; provide nonpartisan elections............................................................. 1225, 1230, 1548, 1554, 1561 HB 752-- Jasper County; board of commissioners; provide staggered terms .................................................................... 235, 240, 307, 311 HB 753-- Jasper County; Board of Education; change description of districts ............................................................................ 236, 241, 307, 312 HB 754-- Candler County; Board of Commissioners; change description of districts.......................................................... 188, 196, 250, 254 HB 755-- Candler County; Board of Education; revise districts ......... 188, 196, 250, 255 HB 756-- Putnam County State Court; law provisions updated and consolidated; provide........................................................... 188, 197, 250, 255 HB 757-- Putnam County; board of commissioners; change description of districts.......................................................... 189, 197, 250, 255 HB 758-- Glynn County; Board of Commissioners; reapportion districts................................................................................. 189, 197, 360, 366 HB 759-- Glynn County; Board of Education; provide description of districts ............................................................................ 189, 198, 360, 367 HB 760-- Elementary and secondary education; capital outlay funds replace exceptional growth program; broaden eligibility for low-wealth capital outlay grants........................... 279, 284, 444, 470, 2053, 2068 HB 763-- Juries; certain persons ineligible to serve as trial or grand jurors; clarify .................................................................. 236, 241, 2018, 2047 HB 764-- McIntosh County; Board of Education; change description of districts.......................................................... 236, 241, 360, 367 HB 765-- McIntosh County; Board of Commissioners; change description of districts.......................................................... 237, 242, 360, 367 HB 766-- Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions .................................................... 1122, 1135, 2854, 2857, 3312, 3947, 4140 HB 767-- Johnson County; board of education; describe new election districts ................................................................... 190, 198, 360, 368 HB 768-- Johnson County; board of commissioners; provide commissioner districts ......................................................... 190, 198, 360, 368 INDEX 4827 HB 769-- Consumers' utility counsel division; not necessary to file copies of filings with Public Service Commission; provide ...................................................................................... 496, 503, 2097, 2193, 3028, 3111 HB 770-- Harris County; Board of Education; change description of districts ............................................................................ 190, 199, 360, 368 HB 771-- Harris County; Board of Commissioners; change description of districts.......................................................... 191, 199, 360, 369 HB 772-- Newton County; board of commissioners; change description of districts........................................................... 1122, 1135, 1340, 1344, 1359 HB 773-- Newton County; Board of Education; change description of districts........................................................... 1122, 1136, 1340, 1344, 1359 HB 774-- Morgan County; Board of Commissioners; change description of districts............................................................... 496, 504, 1027, 1031 HB 775-- Morgan County; Board of Education; change composition and description of districts ................................... 497, 504, 1027, 1031 HB 776-- Elections; nonpartisan elections for members of consolidated governments considered county elections; provide .................................................................................. 1018, 1022, 2045, 2098 HB 777-- Terrell County; Board of Commissioners; change description of districts.......................................................... 191, 199, 389, 401 HB 779-- Pulaski County; Board of Education; change description of districts.......................................................... 191, 200, 360, 369 HB 783-- Laurens County; Board of Commissioners; change description of districts.......................................................... 259, 265, 360, 369 HB 784-- Haralson County; board of education; change description of districts.......................................................... 237, 242, 332, 340 HB 785-- Insurance; limitations on licensure requirements for certain health care providers; provide....................................... 348, 356, 1148, 1233, 2294, 2839 HB 786-- Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision; consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide ...................................................................................... 459, 466, 2096, 2193, 3309, 3728, 4576, 4689 4828 INDEX HB 788-- Camden County; Board of Education; change description of districts.......................................................... 431, 439, 510, 514 HB 789-- Camden County; board of commissioners; change description of districts.......................................................... 431, 439, 510, 514 HB 790-- Tift County; Board of Education; change description of districts...................................................................................... 966, 978, 1233, 1238 HB 791-- Tift County; Board of Commissioners; reapportion districts...................................................................................... 966, 978, 1233, 1238 HB 792-- Nonpublic Postsecondary Educational Institutions Act of 1990; operate by means of accreditation; provide authorization ......................................................................... 1545, 1546, 2018, 2047, 3028, 3112 HB 795-- All-terrain vehicles; make definitions consistent with industry standards ................................................................. 1012, 1022, 2096, 2193, 3028, 3114 HB 797-- Georgia Charter Schools Commission; repeal an article; provide for establishment of State Charter Schools Commission .......................................................................... 1411, 1438, 2275, 2280, 3028, 3115, 4204 HB 800-- Assistant adjutants general; certain qualifications; change ................................................................................. 429, 439, 510, 990, 1035, 1042 HB 803-- Gilmer County; Board of Education; change description of districts ............................................................................ 237, 242, 332, 340 HB 804-- Clarke County; change county commission election districts; provide nonbinding advisory referendum............................. 156, 159 HB 805-- State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services...................................................... 280, 284, 509, 990, 2027, 2035 HB 806-- Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide ............................................................................ 246, 249 HB 808-- Taxation; exclusion to certain income of certain disabled veterans; provide .................................................... 1315, 1329, 2959, 2961, 3307, 3309, 3729 INDEX 4829 HB 811-- Budgetary and financial affairs; automatic fee adjustment in certain cases; provide ......................................... 497, 504, 2096, 2193, 2909, 2921, 3784, 4014, 4139, 4142 HB 812-- Douglas County; Board of Education; change description of districts.......................................................... 237, 243, 332, 340 HB 813-- Douglas County; Board of Commissioners; reapportion districts................................................................................. 191, 200, 333, 341 HB 815-- Central State Hospital Local Redevelopment Authority Act; enact ............................................................................. 238, 243, 286, 289 HB 817-- Transportation, Department of; power to contract; amend limitations.................................................................. 1226, 1231, 2097, 2193, 3028, 3134 HB 818-- Income tax credit; certain commercial geothermal heat pumps; include ...................................................................... 1429, 1438, 2959, 2961, 3307, 3310, 3731 HB 820-- Guaranteed asset protection waivers; retail seller's requirements to insure waiver obligations; provide exception ............................................................................... 1046, 1053, 2018, 2047 HB 822-- Georgia Taxpayer Protection False Claims Act; enact......... 1500, 1527, 2854, 2857, 3310, 3737, 4073 HB 823-- Henry County; appointment of county surveyor; provide ...................................................................................... 238, 243, 4016, 4075, 4094 HB 824-- Quality Basic Education Act; calculating equalization grants; revise method ................................................................ 431, 439, 2096, 2193, 3028, 3135, 4726 HB 825-- Education; time frame relative to hearings before administrative law judges; eliminate .................................... 1315, 1329, 2018, 2047 HB 827-- Traffic offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions.......................... 1494, 1528, 2019, 2047, 3310, 3767 HB 829-- State house districts; boundaries of certain districts; revise ................................................................................... 246, 250, 359, 390, 517, 518, 961 4830 INDEX HB 832-- Vidalia onion trademark; royalty and license fee not exceed a certain amount; eliminate requirement ........................ 259, 265, 358, 390, 2250, 2254 HB 833-- Terrell County; Board of Education; change description of districts ............................................................................ 260, 265, 389, 401 HB 835-- Vehicles; commercial wreckers exceeding maximum weight for vehicles on highway system when conducting emergency tow; provide annual permits ................ 379, 386, 2097, 2193, 2909, 2930 HB 838-- Paulding County; Board of Commissioners; revise districts...................................................................................... 318, 328, 1548, 1554, 1561 HB 839-- Paulding County; Board of Education; revise districts ............ 302, 305, 2279, 2284, 2285, 2292, 3096 HB 840-- Emanuel County; Board of Commissioners; change description of districts.......................................................... 379, 386, 444, 451 HB 841-- Emanuel County; Board of Education; change description of districts.......................................................... 280, 285, 389, 401 HB 842-- Decatur, City of; Board of Education; change description of districts............................................................... 260, 265, 2047, 2051 HB 844-- Bonds; certain validation hearing appearance provisions; provide ............................................................... 1384, 1409, 2279, 2280 HB 845-- Early care and education programs; influenza vaccine; provide information .............................................................. 1123, 1136, 2018, 2047, 2294, 2840 HB 846-- Revenue, Department of; various administrative and procedural requirements; change .......................................... 1315, 1330, 2959, 2961, 3299, 3310, 3768 HB 847-- Grady County; board of commissioners; change description of districts.......................................................... 260, 266, 389, 402 HB 848-- Whitfield County; Board of Education; change description of districts.......................................................... 318, 329, 469, 477 HB 850-- Guardian and ward; criminal background checks for persons seeking to become a guardian; provide ...................... 497, 505, 2046, 2098 INDEX 4831 HB 851-- Taxation of intangibles; rates charged by collecting officers; change certain requirements ................................... 1494, 1528, 2959, 2961, 3303, 3310, 3769, 4071, 4255, 4723 HB 860-- Lowndes County; Board of Education; change description of districts.......................................................... 431, 440, 990, 995 HB 861-- Social Responsibility and Accountability Act; enact ........... 1498, 1528, 2854, 2857, 3310, 3771, 4727 HB 863-- State purchasing; purchases without competitive bidding; change certain provisions ....................................... 1226, 1231, 2046, 2098, 2250, 2255 HB 865-- Georgia Motor Common and Contract Carrier Act of 2012; enact ................................................................................ 966, 978, 2280, 3028, 3140, 4727 HB 868-- Income tax credits; business enterprises located in less developed areas designated by tiers; provide ....................... 1412, 1439, 2017, 2047, 2137, 2141, 2144, 2178, 2267 HB 869-- Salt water fisheries management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions............................. 1012, 1022, 2046, 2098, 3028, 3179, 4464, 4546 HB 871-- Violations of traffic laws; additional penalty to be assessed for driver education purposes; extend expiration date....................................................................... 1316, 1330, 2096, 2193 HB 872-- Commerce and trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions....................... 1429, 1439, 2278, 2280, 3028, 3181, 4017, 4020, 4139, 4142, 4552, 4730 HB 875-- Natural Resources, Department of; privacy of certain records and personal information; provide ............................... 966, 979, 2193, 2280, 3312, 3947, 4011, 4139, 4141, 4427, 4439, 4547 HB 876-- Wilkinson County; Board of Education; change description of districts.......................................................................... 318, 329 4832 INDEX HB 877-- Fulton County; Board of Education; change description of districts ............................................................................. 1123, 1136, 2097, 2100, 2134 HB 879-- Elementary and secondary education; care of students with diabetes in school; provide ............................................... 967, 979, 2046, 2098, 2909, 2931, 3987 HB 880-- Professions and businesses; real estate professionals; change certain provisions...................................................... 1046, 1053, 2097, 2193 HB 882-- Lanier County; Board of Education; revise districts ........... 318, 329, 389, 402 HB 883-- Lanier County; board of commissioners; revise districts .... 319, 330, 389, 402 HB 885-- Dodge County; Board of Education; change description of districts ............................................................................ 319, 330, 469, 477 HB 886-- Banking and finance; credit exposure as a counterparty in derivative transactions; limit certain obligations.................. 459, 466, 1056, 1150, 2053, 2069 HB 892-- Carroll County; board of education; change description of districts ............................................................................ 348, 357, 469, 477 HB 895-- Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ...................................................................... 460, 466, 1148, 1233, 2027, 2037 HB 896-- Sales tax; distribution for educational purposes; change certain provisions .................................................................. 1316, 1330, 2959, 2961, 3305, 3310, 3781, 4426, 4461 HB 897-- Georgia Workforce Investment Board; revise provisions..... 1316, 1330, 2017, 2047, 2294, 2841 HB 898-- Georgia Merchant Acquirer Limited Purpose Bank Act; enact ...................................................................................... 1226, 1231, 2192, 2280, 3028, 3199, 3987 HB 899-- Primaries and elections; dates of nonpartisan elections; provide .................................................................................. 1316, 1331, 2045, 2098, 2278, 2856, 3295, 3310, 3791 HB 900-- Motor vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide ...... 1123, 1137, 2019, 2047, 2137, 2141, 4727 HB 902-- Calhoun County; Board of Education; number of members and the districts where elected; provide............... 319, 330, 444, 451 INDEX 4833 HB 903-- Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership.......................................................................... 320, 331, 444, 451 HB 904-- Monroe County Probate Court; future elections for the office of judge shall be nonpartisan; provide ........................... 432, 440, 1233, 1239 HB 905-- Cobb County; Board of Commissioners; change description of districts............................................................... 460, 467, 4016, 4075, 4094, 4095, 4118, 4595, 4623 HB 906-- Pike County; Board of Education; change description of districts................................................................................. 348, 357, 444, 452 HB 907-- Jackson County; board of commissioners; change description of districts.......................................................... 432, 440, 990, 995 HB 908-- Commerce, City of; Independent School Districts; change description of districts ............................................. 379, 387, 469, 478 HB 909-- Jefferson, City of; public schools; change description of education districts ................................................................ 432, 441, 990, 996 HB 910-- Upson County; board of commissioners; change description of districts.......................................................... 349, 357, 444, 452 HB 911-- Putnam County; change compensation for certain officials ................................................................................ 320, 331, 389, 403 HB 912-- Columbia County; Board of Education; change description of districts.......................................................... 433, 441, 510, 514 HB 913-- Columbia County; Board of Commissioners; change description of districts.......................................................... 433, 441, 510, 515 HB 916-- Bona fide conservation use property; covenants; change certain qualifications and restrictions ................................... 1317, 1331, 2096, 2193, 3028, 3207, 4723 HB 921-- Murray County; Board of Education; change description of districts.......................................................... 379, 387, 469, 478 HB 922-- Chattooga County; board of education; revise districts....... 349, 358, 510, 515 HB 923-- Richmond County; City of Augusta; change description of commissioner districts .......................................................... 433, 441, 2960, 2961, 3297, 3310, 3824 HB 924-- Richmond County; school board; change description of districts...................................................................................... 433, 442, 2960, 2961, 3298, 3310, 3832 HB 925-- McDuffie County; Board of Commissioners; change description of districts.......................................................... 380, 387, 469, 478 4834 INDEX HB 926-- McDuffie County; Board of Education; change description of districts.......................................................... 380, 388, 469, 479 HB 927-- Thomson, City of; city council; change description of election districts ................................................................... 380, 388, 469, 479 HB 928-- Peace Officer's Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide ..... 1317, 1331, 2278, 2280, 3312, 3930 HB 929-- Judicial circuits; assistant district attorney for certain populations; repeal office.......................................................... 460, 467, 2279, 2280, 3310, 3839, 3948, 4423 HB 930-- Judicial circuits; superior court judge for certain populations; repeal supplemental expense allowance .............. 460, 467, 2279, 2280, 3310, 3839, 3948, 4424 HB 931-- Insurance; state domestic farmers' mutual fire insurance companies; update provisions............................................... 1317, 1332, 2278, 2280 HB 932-- Taxation; nonresident subcontractor withholding payments; change required percentage ................................. 1124, 1137, 2192, 2280, 3300, 3312, 3947, 4114 HB 933-- Cemetery and funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program.................. 1124, 1137, 2278, 2280, 3028, 3210, 4569, 4596 HB 934-- State agencies; guaranteed energy savings performance contracts; change certain provisions ..................................... 1318, 1332, 2959, 2961 HB 940-- Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions...................................................... 1500, 1528, 2960, 2961 HB 941-- Houston County; Board of Education; change description of districts............................................................... 434, 442, 1233, 1239 HB 942-- Official Code of Georgia; revise, modernize and correct errors or omissions................................................................ 1124, 1137, 2855, 2857, 3028, 3222 INDEX 4835 HB 944-- Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions ........... 1124, 1138, 2278, 2280, 3028, 3223 HB 945-- Banks and trust companies; issuance of non-cash valued shares with approval; provide ............................................... 1318, 1332, 2192, 2280, 3313, 3947, 4019 HB 946-- Mortgage lenders and brokers; certain mortgage activities without a license; prohibit ..................................... 1501, 1529, 2192, 2280 HB 947-- Warren County; Board of Education; change description of districts................................................................. 434, 442, 510, 515 HB 954-- Abortion; criminal abortion; change certain provisions ....... 1190, 1232, 2178, 2192, 2280, 3027, 3098, 3771, 3791, 4274, 4602, 4730 HB 955-- Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision of the provisions.............................................................................. 1047, 1054, 2096, 2193 HB 956-- Berkeley Lake, City of; change corporate limits .................. 1047, 1054, 2960, 2967, 3025, 3026 HB 957-- Social Circle, City of; School District; change description of education districts .......................................... 1125, 1138, 1340, 1344, 1359 HB 958-- Crawford County; Board of Education; change description of districts............................................................... 497, 505, 1548, 1555, 1561 HB 959-- Crawford County; Board of Commissioners; revise districts...................................................................................... 498, 505, 1060, 1062 HB 962-- Bibb County; board of commissioners; change description of districts............................................................... 434, 443, 2193, 2198, 2201, 2249, 2950 HB 963-- Bibb County; Board of Public Education; change description of districts............................................................... 435, 443, 2856, 2888, 2902, 2908, 3988 4836 INDEX HB 965-- Income tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations ...... 1384, 1409, 2959, 2961, 3304, 3310, 3839, 4728 HB 967-- Income tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions ............................................................................. 1384, 1410 HB 969-- White County; Board of Education; provide for new districts...................................................................................... 967, 980, 1060, 1062 HB 970-- White County; Board of Commissioners; provide new districts...................................................................................... 967, 980, 1060, 1063 HB 971-- Workers' compensation; settlement agreements between parties; change certain provisions; change certain provisions relating to appointment of conservator for a minor or an incompetent claimant ........................................ 1047, 1054, 2278, 2280, 3310, 3847, 4728 HB 972-- Georgia Pain Management Clinic Act; enact ....................... 1318, 1333, 2855, 2857, 3311, 3853 HB 973-- Bryan County; Board of Commissioners; change description of districts............................................................... 968, 980, 1233, 1239 HB 975-- Habersham County; school district ad valorem tax; provide homestead exemption .................................................... 435, 443, 990, 996 HB 976-- Hart County; Board of Commissioners; change description of districts............................................................... 498, 506, 1027, 1032 HB 977-- Hart County; Board of Education; change description of districts...................................................................................... 498, 506, 1027, 1032 HB 978-- Cherokee County; Board of Education; revise districts ........... 968, 980, 1060, 1063 HB 979-- Cherokee County; board of commissioners; revise districts...................................................................................... 968, 981, 1060, 1063 HB 980-- Gainesville, City of; board of education; revise districts ......... 499, 506, 1060, 1064 INDEX 4837 HB 985-- Motor Vehicles; temporary license plates; modify provisions.............................................................................. 1492, 1529, 2096, 2193, 2909, 2936 HB 986-- Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide ................................................................ 1318, 1333, 2096, 2193 HB 987-- Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide ............................................................ 1319, 1333, 2278, 2280, 3311, 3860 HB 990-- Municipal corporations; control over parks and fire stations; change certain provisions ....................................... 1227, 1232, 2279, 2280, 3311, 3862 HB 991-- Sheriffs; how vacancies are filled; change provisions.......... 1319, 1333, 2019, 2047, 3029, 3225 HB 994-- Ad valorem taxation; preferential assessment of brownfield property; extend under certain circumstances................................................................................... 1384, 1410 HB 997-- Crimes and offenses; new crime of false lien statements against public officers; provide ............................................ 1319, 1334, 2192, 2280, 3313, 3947, 4096 HB 998-- Chatham County; board of commissioners; change description of districts........................................................... 3272, 3319, 3992, 3997, 4003 HB 999-- Chatham County; City of Savannah; board of education; change description of districts............................. 3272, 3319, 3992, 3997, 4003 HB 1000-- Irwin County; Board of Commissioners; change description of districts............................................................... 499, 506, 1027, 1032 HB 1001-- Irwin County; Board of Education; change description of districts ................................................................................. 499, 507, 1027, 1033 HB 1002-- Ben Hill County; Board of Commissioners; change description of districts............................................................... 969, 981, 1233, 1240 HB 1003-- Telfair County; Board of Commissioners; change description of districts............................................................... 969, 981, 1233, 1240 4838 INDEX HB 1004-- Coffee County; board of commissioners; change description of districts........................................................... 1125, 1138, 1340, 1345, 1351, 1359, 2012 HB 1005-- Coffee County; Board of Education; change description of districts ............................................................................. 1125, 1139, 1340, 1345, 1359 HB 1006-- Chamblee, City of; corporate limits; change ............................ 969, 982, 1548, 1555, 1558, 1561, 2267 HB 1007-- Liberty County; Board of Commissioners; change description of districts............................................................... 969, 982, 1149, 1153 HB 1008-- Liberty County; Board of Education; change description of districts............................................................... 970, 982, 1149, 1153 HB 1009-- Worth County; board of commissioners; reapportion districts...................................................................................... 499, 507, 1027, 1033 HB 1010-- Worth County; Board of Education; reapportion districts...................................................................................... 500, 507, 1027, 1033 HB 1011-- Clarke County; City of Athens; board of education; change districts ......................................................................... 970, 983, 1233, 1240 HB 1012-- Commerce, City of; board of commissioners; change description of districts............................................................... 970, 983, 1233, 1241 HB 1013-- Jackson County; School System; change description of districts...................................................................................... 971, 983, 1233, 1241 HB 1014-- Lavonia, City of; corporate limits; change and extend........................ 461, 468 HB 1015-- Jenkins County; board of commissioners; revise districts.................................................................................. 2009, 2014, 2097, 2101, 2134 HB 1016-- Franklin County; board of commissioners; change description of districts............................................................... 971, 984, 1060, 1064 HB 1017-- Franklin County; Board of Education; change description of districts............................................................... 971, 984, 1060, 1064 INDEX 4839 HB 1018-- Grady County; board of education; change description of districts ................................................................................. 971, 984, 1149, 1154 HB 1019-- DeKalb County; City of Doraville; filling of vacancies in offices of mayor and councilmember; provide................ 461, 468, 990, 996 HB 1020-- Evans County; board of commissioners; change description of districts............................................................... 972, 985, 1060, 1065 HB 1021-- Evans County; Board of Education; change description of districts ................................................................................. 972, 985, 1060, 1065 HB 1022-- Lowndes County; board of commissioners; change description of districts........................................................... 1126, 1139, 1340, 1345, 1359 HB 1023-- Polk County; Board of Education; revise districts ................... 972, 985, 2960, 2968, 3026 HB 1024-- Budget commission; certain counties; population and census application; revise and change .................................. 1319, 1334, 2279, 2280, 3311, 3863 HB 1025-- DeKalb County State Court; change certain fees ................. 1013, 1023, 2960, 2968, 3026 HB 1026-- Municipalities; law enforcement contracts; population brackets and census; change provisions ............................... 1319, 1334, 2279, 2280, 3311, 3866 HB 1027-- Income tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions...................................................... 1498, 1529, 2959, 2961, 3301, 3311, 3867, 3988 HB 1028-- Laurens County; Board of Education; change description of districts............................................................... 972, 986, 1233, 1241 HB 1029-- Screven County; Board of Education; revise districts.............. 973, 986, 1060, 1065 HB 1031-- Greene County; board of education; change compensation for chairperson and members of board.............. 500, 508, 1027, 1033 HB 1037-- Madison County; Board of Education; revise districts............. 973, 986, 1060, 1066 HB 1038-- Madison County; Board of Commissioners; revise districts...................................................................................... 973, 987, 1060, 1066 4840 INDEX HB 1039-- Montgomery County; Board of Commissioners; change description of districts............................................................... 974, 987, 1060, 1066 HB 1040-- Glascock County; Board of Education; revise districts............ 974, 987, 1060, 1066 HB 1041-- Bartow County; Board of Education; change description of districts............................................................... 974, 987, 2960, 2968, 3026, 3989, 4072 HB 1048-- Civil practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers ........................ 1501, 1530, 2855, 2857, 3313, 3947, 4425 HB 1049-- Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions ..................................................... 1320, 1334, 2278, 2280, 3311, 3876, 4728 HB 1051-- Public transit authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...................................... 1494, 1530, 2280, 3029, 3226, 4728 HB 1052-- Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors .................................... 1494, 1530, 2280, 3029, 3228, 4724 HB 1056-- Ad valorem taxation; motor vehicles; clarify application to be consistent with federal provisions................................ 1320, 1335, 2959, 2961 HB 1057-- Jenkins County; board of education; revise districts ............ 2009, 2014, 2097, 2101, 2134 HB 1059-- Burke County; Board of Commissioners; change description of districts........................................................... 1013, 1023, 1149, 1154 HB 1060-- Burke County; Board of Education; change description of districts ............................................................................. 1013, 1023, 1149, 1154 HB 1063-- Troup County Airport Authority; change membership of authority................................................................................ 500, 508, 1027, 1034 HB 1065-- Alcoholic beverages; tax payment and reporting by licensees; change certain provisions ..................................... 1320, 1335, 2960, 2961 INDEX 4841 HB 1066-- Alcoholic beverages; licenses; change certain provisions.............................................................................. 1499, 1531, 2960, 2961, 3313, 3947, 4111 HB 1067-- Portable electronics insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements...................................................... 1372, 1407, 2959, 2961, 3313, 3947, 4097, 4729 HB 1069-- Pharmacists and pharmacies; revise definition of security paper ........................................................................ 1321, 1335, 2855, 2857, 3313, 3947 HB 1070-- Brantley County; school district ad valorem tax; provide homestead exemption .................................................. 500, 508, 1060, 1067 HB 1071-- Excise tax; certain tobacco products; change certain provisions.............................................................................. 1536, 1543, 2192, 2280, 3302, 3311, 3884, 4273 HB 1074-- Long County; Board of Commissioners; change description of districts........................................................... 1013, 1023, 1149, 1155 HB 1075-- Long County; Board of Education; change description of districts ............................................................................. 1014, 1024, 1149, 1155 HB 1076-- Talbot County; Board of Commissioners; change description of districts........................................................... 1014, 1024, 1149, 1155 HB 1077-- Talbot County; Board of Education; revise districts ............ 1014, 1024, 1149, 1156 HB 1080-- Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee........................ 1429, 1439, 2857, 3029, 3239 HB 1082-- Cook County Magistrate Court; future elections for chief magistrate shall be nonpartisan elections; provide ...... 1126, 1139, 1548, 1555, 1561 HB 1083-- Cook County; Board of Education; change description of districts ............................................................................. 1015, 1025, 1149, 1156 4842 INDEX HB 1084-- Cook County; Board of Commissioners; change description of districts........................................................... 1015, 1025, 1149, 1156 HB 1087-- Colquitt County; Board of Commissioners; change description of districts........................................................... 1015, 1025, 1149, 1157 HB 1088-- Colquitt County; Board of Education; change description of districts........................................................... 1015, 1026, 1149, 1157 HB 1089-- Local government; zoning proposal review procedures; repeal section and reserve ..................................................... 1501, 1531, 2279, 2280, 3311, 3897 HB 1091-- Pike County; School District ad valorem tax; provide homestead exemption ........................................................... 1016, 1026, 1149, 1158 HB 1092-- Stillmore, City of; staggered terms for members of city council; provide .................................................................... 1016, 1026, 1149, 1157 HB 1093-- Crimes and offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions ................................................................. 1537, 1543, 2855, 2857, 3311, 3898 HB 1095-- Brooks County; board of commissioners; provide new districts.................................................................................. 1126, 1140, 1340, 1346, 1359 HB 1096-- Brooks County; board of education; provide new districts.................................................................................. 1126, 1140, 1340, 1346, 1359 HB 1097-- City of Emerson Community Improvement Districts Act; enact .............................................................................. 1321, 1336, 2960, 2969, 3026 HB 1098-- Berrien County; Board of Commissioners; provide new districts.................................................................................. 1127, 1140, 1340, 1346, 1359 HB 1099-- Berrien County; Board of Education; change description of districts........................................................... 1127, 1140, 1340, 1347, 1359 HB 1100-- Berrien County; airport authority; increase membership of board ................................................................................. 1016, 1026, 1149, 1158 HB 1101-- Rabun County; Board of Education; change description of districts ............................................................................. 1127, 1141, 1548, 1555, 1561 INDEX 4843 HB 1102-- Solid waste management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grave period for buyers of property............................................................................. 1321, 1336, 2855, 2857, 3313, 3947, 4207, 4729 HB 1106-- Meriwether County; Board of Commissioners; change description of districts........................................................... 1127, 1141, 1340, 1347, 1359 HB 1107-- Meriwether County; Board of Education; change description of districts........................................................... 1128, 1141, 1340, 1347, 1359 HB 1108-- Monroe County; Board of Education; change description of districts........................................................... 1128, 1142, 1340, 1348, 1359 HB 1109-- Monroe County; board of commissioners; change description of districts........................................................... 1128, 1142, 1340, 1348, 1359 HB 1110-- Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions .............. 1499, 1531, 2855, 2857, 3313, 3947, 4020 HB 1111-- Atkinson County; Board of Commissioners; change description of districts........................................................... 1128, 1142, 1340, 1348, 1359 HB 1112-- Atkinson County; Board of Education; change description of districts........................................................... 1129, 1143, 1340, 1349, 1359 HB 1113-- DeKalb County; levy an excise tax ...................................... 1016, 1027, 1548, 1556, 1560, 1561 HB 1114-- Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .............. 1493, 1532, 2855, 2857, 3311, 3899, 4594, 4647 HB 1115-- Public utilities and public transportation; telecommunications; revise and update certain provisions.............................................................................. 1373, 1408, 2097, 2193, 3029, 3250 4844 INDEX HB 1117-- Local government; approval of bonded debt by election; population brackets and the census; change certain provisions.............................................................................. 1321, 1336, 2279, 2280, 3311, 3903, 4723 HB 1118-- Trion, Town of; provide new charter.................................... 1017, 1027, 2097, 2101, 2103, 2134, 2850 HB 1119-- Atkinson County; Probate Court judge; provide nonpartisan elections............................................................. 1493, 1532, 2019, 2023 HB 1120-- Atkinson County; chief magistrate judge; provide nonpartisan elections............................................................. 1493, 1532, 2019, 2023 HB 1121-- Coffee County; chief magistrate judge; provide nonpartisan elections............................................................. 1493, 1532, 2019, 2023 HB 1122-- Flowery Branch, City of; establish corporate limits............. 1047, 1055, 1233, 1242 HB 1123-- Annexation; unincorporated islands; repeal Article 6 .......... 1385, 1410, 2279, 2280 HB 1126-- Mitchell County; Board of Commissioners; change description of districts........................................................... 1129, 1143, 1340, 1349, 1359 HB 1127-- Mitchell County; Board of Education; change districts ....... 1129, 1143, 1340, 1349, 1359 HB 1129-- Town of Braselton Community Improvement District; apply for, receive, administer, or utilize grants from federal, state, county or municipal governments under certain conditions; allow....................................................... 1048, 1055, 1233, 1242 HB 1131-- Haralson County; Board of Commissioners; change description of districts........................................................... 1130, 1144, 2960, 2969, 3026 HB 1132-- Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide..... 1498, 1533, 2097, 2193, 2909, 2938 HB 1142-- Gwinnett County Recorder's Court; clerk's compensation; change provisions ......................................... 1048, 1055, 2047, 2051 HB 1144-- Lamar County; Board of Education; change description of districts ............................................................................. 1130, 1144, 1340, 1350, 1359 INDEX 4845 HB 1145-- Lamar County; Board of Commissioners; change description of districts........................................................... 1130, 1144, 1340, 1350, 1359 HB 1146-- Georgia Vocational Rehabilitation Services Board; create ..................................................................................... 1131, 1145, 2046, 2098, 2250, 2256 HB 1148-- Haralson County; office of treasurer; abolish....................... 1048, 1055, 1233, 1242 HB 1150-- Wayne County; Board of Commissioners; change description of districts........................................................... 2039, 2042, 2193, 2199, 2249 HB 1151-- Wayne County; Board of Education; revise districts ........... 2039, 2043, 2193, 2199, 2249 HB 1154-- Milton, City of; Public Buildings and Facilities Authority; authorize city councilmembers to be appointed............................................................................... 1131, 1145, 3276, 3281, 3294 HB 1158-- Ben Hill County; Board of Education; change description of districts........................................................... 1131, 1145, 1340, 1350, 1359 HB 1165-- Taxation; unreturned property; eliminate population provisions; provide penalties ................................................ 1500, 1533, 2192, 2280, 3305, 3311, 3904 HB 1166-- Insurance; individual health insurance coverage to children through child-only health plans; provide................ 1322, 1337, 2018, 2047, 3029, 3251 HB 1167-- Columbia County; Board of Commissioners; provide term limits for chairperson and members ............................. 1227, 1232, 1548, 1556, 1561 HB 1171-- Macon-Bibb County; create and incorporate new political body corporate ........................................................ 1322, 1337, 2193, 2199, 2205, 2249, 2950 HB 1172-- Manchester, City of; provide election districts..................... 1322, 1337, 1548, 1556, 1561 HB 1176-- 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................... 2937, 2943, 2961, 3312, 3784, 4074 HB 1177-- Cobb County; Magistrate Court; provide for collection of law library fees ................................................................. 1322, 1338, 2960, 2970, 3026 4846 INDEX HB 1178-- Education, Department of; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require ........................ 1373, 1408, 2096, 2193, 3313, 3947, 4018 HB 1179-- Lincoln County; Board of Commissioners; change description of districts........................................................... 2010, 2015, 2097, 2102, 2134 HB 1180-- Lincoln County; Board of Education; change description of districts........................................................... 2010, 2015, 2097, 2102, 2134 HB 1183-- Montgomery County; Board of Education; change description of districts........................................................... 1323, 1338, 1548, 1557, 1561 HB 1184-- Moreland, Town of; change terms and dates of election of mayor and alderman ......................................................... 1323, 1338, 1548, 1557, 1561 HB 1185-- Cochran, City of; provide new charter ................................. 1323, 1338, 1548, 1557, 1561 HB 1187-- Hiram, City of; create the position of city manager ............. 1323, 1339, 1548, 1558, 1561 HB 1188-- Oak Grove Cemetery Authority; create ................................ 1365, 1397, 2019, 2023 HB 1191-- Lavonia, City of; levy an excise tax ..................................... 1365, 1397, 1548, 1558, 1561 HB 1193-- Monroe County Public Facilities Authority Act; limiting authority to issue revenue bonds to four years; repeal certain provisions ....................................................... 1365, 1397, 2019, 2024 HB 1195-- Chattooga County; revise compensation of commissioner ........................................................................ 1365, 1397, 1548, 1558, 1561 HB 1196-- Macon Water Authority Act; change description of electoral districts ................................................................... 1366, 1398, 2193, 2200, 2245, 2249, 2951 HB 1198-- Parent and child; grandparent visitation rights; modify provisions.............................................................................. 1373, 1408, 2855, 2857, 3029, 3256, 4073 HB 1202-- Clayton County; board of commissioners; revise districts.................................................................................. 1366, 1398, 2019, 2024 INDEX 4847 HB 1203-- Augusta-Richmond County Coliseum Authority; appointed members may be reappointed to succeed themselves; provide .............................................................. 2010, 2015, 2097, 2103, 2134 HB 1204-- Duluth, City of; change corporate limits of city ................... 2010, 2016, 3276, 3282, 3286, 3294, 3988 HB 1205-- Lawrenceville, City of; change term of office for mayor..... 2011, 2016, 2097, 2103, 2134 HB 1206-- Macon-Bibb County Transit Authority Act of 1980; enter into contracts with counties and municipal corporations to provide public transportation services; provide power ....................................................................... 2011, 2016, 2097, 2103, 2134 HB 1208-- Cobb County; Board of Education; change description of districts ............................................................................. 2011, 2017, 4074, 4143, 4596 HB 1213-- Pickens County Water and Sewer Authority; waiting period of two years for member reappointment; remove provision ............................................................................... 2040, 2043, 2193, 2200, 2249 HB 1215-- Echols County; Board of Commissioners; provide for elections and terms of office................................................. 2040, 2043, 2193, 2200, 2249 HB 1216-- Ball Ground, City of; remove exception for certain property from jurisdiction of municipal court ...................... 2040, 2043, 2193, 2200, 2249 HB 1217-- Habersham County State Court; provide that January 1, 2015, judge and solicitor shall be full-time positions........... 2040, 2044, 2193, 2201, 2249 HB 1218-- Avondale Estates, City of; change corporate limits of city......................................................................................... 2041, 2044, 2960, 2970, 3026 HB 1219-- Decatur, City of; change corporate limits of city ................. 2041, 2044, 2960, 2970, 3026 HB 1222-- DeKalb County; board of commissioners; change description of districts...................................................................... 2041, 2045 HB 1223-- Cherokee County; Board of Education; revise districts .................. 2011, 2017 HB 1225-- Moultrie, City of; levy an excise tax .................................... 2090, 2094, 2856, 2888, 2908 HB 1226-- Springfield, City of; provide new charter ............................. 2090, 2094, 2279, 2284, 2292 4848 INDEX HB 1227-- Gainesville, City of; provide new charter............................. 2091, 2094, 2961, 2971, 3026 HB 1230-- DeKalb County Recorder's Court; payment of costs in such court; provide................................................................ 2260, 2270, 2961, 2971, 3026 HB 1231-- Muscogee County School District; change description of districts ............................................................................. 2091, 2094, 2279, 2285, 2292 HB 1232-- Muscogee County School District; superintendent may make public works construction contracts; change maximum amount ................................................................. 2091, 2095, 2279, 2285, 2292 HB 1236-- Norcross, City of; change corporate limits ........................... 2091, 2095, 3276, 3282, 3292, 3294, 3989 HB 1238-- West Point, City of; levy an excise tax................................. 2092, 2095, 2279, 2285, 2292 HB 1239-- Tattnall County; board of education; change description of districts ............................................................................. 2181, 2187, 2856, 2889, 2908 HB 1240-- Tattnall County; board of commissioners; change description of districts........................................................... 2181, 2188, 2856, 2889, 2908 HB 1242-- Hall County; board of commissioners; change description of districts........................................................... 2182, 2188, 2856, 2889, 2908 HB 1243-- Glennville, City of; change corporate limits......................... 2182, 2189, 2856, 2890, 2908 HB 1244-- Kennesaw, City of; change provisions relating to the corporate limits ..................................................................... 2182, 2189, 2856, 2890, 2908 HB 1245-- Franklin County; board of elections; stagger terms of members................................................................................ 2182, 2189, 2856, 2890, 2908 HB 1248-- Garden City, City of; ad valorem tax; municipal purposes; provide homestead exemption.............................. 2183, 2189, 2856, 2892, 2908 HB 1249-- Lyerly, Town of; provide new charter .................................. 2183, 2190, 2856, 2891, 2908 HB 1250-- Murray County Board of Elections and Registration; create ..................................................................................... 2183, 2190, 2856, 2891, 2908 INDEX 4849 HB 1251-- Dodge County-Eastman Development Authority; provide for membership........................................................ 2183, 2190, 2856, 2891, 2908 HB 1252-- Heart of Georgia Regional Airport Authority; change method of appointing members ............................................ 2184, 2190, 2856, 2891, 2908 HB 1253-- Jeff Davis County; Board of Education; change description of districts........................................................... 2184, 2191, 2856, 2892, 2908 HB 1254-- Jeff Davis County; Board of Commissioners; change description of districts........................................................... 2184, 2191, 2856, 2892, 2908 HB 1255-- Eatonton-Putnam Water and Sewer Authority; composition; change certain provisions................................ 2260, 2270, 2961, 2971, 3026 HB 1256-- Western Area Regional Radio System Authority; remove City of Douglasville and add Coweta County as a member............................................................................... 2846, 2851, 3992, 3997, 4003 HB 1257-- Effingham County; Board of Commissioners of Roads and Revenues; revise powers and duties of chairperson ...... 2261, 2270, 2961, 2971, 3026 HB 1258-- Columbus, City of; certain notices to be made in newspaper having largest circulation; provide ................................ 2261, 2270 HB 1259-- Milner, City of; provide new charter .................................... 2261, 2271, 2961, 2972, 3026 HB 1261-- Griffin-Spalding County Airport Authority Act; enact ........ 2261, 2271, 2961, 2972, 3026 HB 1262-- Catoosa County; Board of Education; change description of districts........................................................... 2262, 2271, 2961, 2973, 3026 HB 1263-- Catoosa County; board of commissioners; change description of districts........................................................... 2262, 2272, 2961, 2973, 3026 HB 1264-- Douglasville, City of; change description of election districts.................................................................................. 2262, 2272, 2961, 2973, 3026 HB 1265-- Macon-Bibb County Community Enhancement Authority Act; enact.............................................................. 2263, 2272, 2961, 2974, 3026 HB 1266-- Acworth Lake Authority; change membership requirements.......................................................................... 2263, 2273, 2961, 2974, 3026 4850 INDEX HB 1267-- Acworth Area Convention and Visitors Bureau; change name to Acworth Tourism Bureau Authority....................... 2263, 2273, 2961, 2974, 3026 HB 1268-- Bacon County; Board of Education; change description of districts ............................................................................. 2263, 2273, 2961, 2974, 3026 HB 1269-- Bacon County; Board of Commissioners; change description of districts .......................................................... 2264, 2274, 2961, 2975, 3026 HB 1270-- Jefferson County; Board of Commissioners; change description of districts........................................................... 2264, 2274, 2961, 2975, 3026 HB 1271-- Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide ............................................. 2264, 2274, 2961, 2975, 3026 HB 1272-- Bacon County; Board of Commissioners; membership of chairperson and commissioners on boards and authorities; limit .................................................................... 2847, 2851, 3276, 3282, 3294 HB 1273-- Jefferson County; Board of Education; change description of districts........................................................... 2264, 2275, 2961, 2976, 3026 HB 1275-- Chatham Area Transit Authority; board membership and staggered terms; provide ................................................ 2946, 2954, 3992, 3998, 4003 HB 1276-- Richmond Hill, City of; provide new charter ....................... 2847, 2852, 3276, 3282, 3294 HB 1277-- Washington, City of; change description of council districts.................................................................................. 2847, 2852, 2961, 2976, 3026 HB 1278-- Spalding County Magistrate Court; charge technology fee for each civil case filed and criminal fine imposed; authorize................................................................................ 2847, 2852, 3276, 3283, 3294 HB 1279-- Spalding County Probate Court; charge technology fee for each civil case filed; authorize ........................................ 2848, 2853, 3276, 3283, 3294 HB 1280-- Spalding County State Court; charge technology fee for each civil case filed and each criminal fine imposed; authorize................................................................................ 2848, 2853, 3276, 3283, 3294 INDEX 4851 HB 1281-- Satilla Regional Water and Sewer Authority; members to be elected for unlimited consecutive terms; allow ........... 2946, 2954, 3992, 3998, 4003 HB 1282-- Charlton County; board of commissioners; change provisions relating to number of meetings held ................... 2946, 2955, 3276, 3284, 3294 HB 1283-- Charlton County; nonstaggered four-month vehicle registration period; repeal Act .............................................. 2947, 2955, 3276, 3284, 3294 HB 1284-- Appling County; Board of Education; change description of districts........................................................... 2947, 2955, 3276, 3284, 3294 HB 1285-- Appling County; board of commissioners; change description of districts........................................................... 2947, 2955, 3276, 3284, 3294 HB 1286-- Treutlen County; Board of Commissioners; change description of districts........................................................... 2947, 2956, 3276, 3285, 3294 HB 1287-- Treutlen County; Board of Education; change description of districts........................................................... 2948, 2956, 3276, 3285, 3294 HB 1288-- Hart County Water and Sewer Authority; enact................... 2848, 2853, 3276, 3285, 3294 HB 1289-- DeKalb County; board of education; provide for certain terms of office....................................................................... 2848, 2853, 3992, 3998, 4003 HB 1290-- DeKalb County; board of education; change description of districts ............................................................................. 3094, 3097, 3992, 3999, 4002, 4003 HB 1291-- Sandy Springs, City of; executive and judicial officials; modify provisions ................................................................. 2948, 2956, 3992, 3999, 4002, 4003, 4596 HB 1293-- Crisp County; Board of Commissioners; change description of districts...................................................................... 2948, 2956 HB 1294-- Williamson, City of; terms of office of mayor and members of city council; change .......................................... 2948, 2957, 3276, 3285, 3294 HB 1295-- Stephens County; board of education; change description of districts........................................................... 2949, 2957, 3276, 3286, 3294 HB 1296-- Toccoa, City of; levy an excise tax....................................... 2949, 2957, 3276, 3286, 3294 4852 INDEX HB 1297-- Jeff Davis County; nonbinding, advisory referendum by electors to ascertain if judge of Probate Court will also serve as chief magistrate judge; provide............................... 2949, 2958, 3276, 3286, 3294 HB 1298-- Atlanta, City of; municipal court; modify provisions...................... 3095, 3097 HB 1299-- DeKalb County; nonbinding, advisory referendum by electors to ascertain if schools should place or operate a telecommunication tower on school property; provide ........ 2949, 2958, 3992, 4000, 4003 HB 1300-- Bleckley County; board of education and school superintendent; number of members and districts where elected; provide..................................................................... 3095, 3098, 3992, 4000, 4003 HB 1301-- Chatham County Magistrate Court; qualifications for magistrates; provide......................................................................... 2950, 2958 HB 1304-- Southern Judicial Circuit; director of pretrial release program and other staff members make arrests and certain other powers; provide ............................................... 3095, 3098, 3992, 4000, 4003 INDEX HOUSE RESOLUTIONS 4853 HR 489-- Professional Learning Rules Task Force; establish ....................................... 18 HR 977-- Legal services for indigent; dedicate existing fees; provide-CA ...................................................................................... 1324, 1339 HR 1096-- House convened; notify Senate ..................................................................... 35 HR 1097-- Joint session; message from Governor .............................................. 35, 38, 50 HR 1098-- Joint session; message from Chief Justice of the Supreme Court ................................................................................. 35, 38, 123 HR 1099-- Adjournment; relative to.................................................................... 36, 42, 73 HR 1103-- Deputy James D. Paugh Memorial Highway; Richmond County; dedicate ......................................................................... 260, 266, 390, 445, 1161, 1184 HR 1140-- Adjournment; relative to................................................................ 94, 107, 147 HR 1150-- Sales and use tax; educational purposes; only distributed on basis of full-time equivalent student counts-CA ............................................................................. 1324, 1339, 2959, 2961, 3301, 3312, 3907, 3946, 3948, 4204, 4427, 4527 HR 1151-- Joint Human Trafficking Study Commission; create ............... 280, 285, 2046, 2098, 3313, 3947, 4198, 4729 HR 1160-- Word, Mr. Lathan Rydell; compensate................................. 1545, 1546, 2191, HR 1161-- Cauley, Mr. James A.; compensate and provide state 2280, 2909, 2939, 4724 income tax exclusion ............................................................ 1545, 1546, 2191, 2280, 2909, 2940 HR 1162-- General Assembly; state-wide education policy; clarify authority-CA ............................................................................. 494, 988, 1028, 1161, 1190, 2144, 2174 HR 1177-- State highway system; dedicate certain portions .................. 1324, 1340, 2936, 3312, 3910, 4274 HR 1238-- Adjournment; relative to..................................................... 208, 233, 245, 316, 429, 1010, 1223, 1312, 1545 4854 INDEX HR 1376-- Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize ...................... 1131, 1146, 2961, 3313, 3947, 4021, 4724 HR 1700-- Adjournment; relative to........................................................ 1312, 1379, 2089 HR 1978-- Adjournment; relative to........................................................ 2908, 2920, 2944 INDEX 4855 PART III ALPHABETIC INDEX A ABORTION Abortion; criminal abortion; change certain provisions ..........................................HB 954 ACWORTH, CITY OF Acworth Area Convention and Visitors Bureau; change name to Acworth Tourism Bureau Authority.....................................................................................H..B 1267 Acworth Lake Authority; change membership requirements ...............................H. B 1266 AD VALOREM TAX (ALSO SEE TAXATION AND REVENUE) Ad Valorem Tax; exemptions; revise a definition ..................................................HB 289 Ad Valorem Tax; freeport exemptions; revise/change certain provisions ...............HB 48 Ad Valorem Tax; motor vehicles; clarify application to be consistent with federal provisions..................................................................................................HB 1056 Ad Valorem Tax; population brackets and census; change provisions...................HB 634 Ad Valorem Tax; preferential assessment of brownfield property; extend under certain circumstances.....................................................................................HB 994 Ad Valorem Tax; prohibit local government increasing millage rates the same day as other local government which affect all or a portion of same properties subject to increase...................................................................................... SB 1 Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 169 Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 171 Bona fide Conservation Use Property; covenants; change certain qualifications and restrictions ..................................................................................HB 916 Cherokee County; homestead exemption; ad valorem taxes for county purposes ...................................................................................................................SB 514 Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments...............................................SB 234 Macon, City of; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 170 Revenue and Taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax ...........HB 729 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 4856 INDEX Taxes; population bracket under 2010 census; update ............................................HB 407 Taxes; unreturned property; eliminate population provisions; provide penalties .................................................................................................................H..B 1165 ADJOURNMENT Adjournment; relative to........................................................................................H..R 1099 Adjournment; relative to........................................................................................H..R 1140 Adjournment; relative to........................................................................................H..R 1238 Adjournment; relative to........................................................................................H..R 1700 Adjournment; relative to........................................................................................H..R 1978 ADMINISTRATIVE PROCEDURE Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state and federal regulation ...........................SB 428 Administrative Procedure; require agency procedures for timely processing; applications for issuance or renewal of licenses ................................. SB 427 Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 Excise Tax; certain tobacco products; change certain provisions .........................H..B 1071 Georgia Crime Information Center; inspection, purging, modifying, or supplemental criminal records; provisions ..............................................................SB 118 Georgia Tax Tribunal; create...................................................................................HB 100 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal............................................................................SB 293 State Government; impose a moratorium on rule making; regard to implementation of federal Patient Protection and Affordable Care Act .................. SB 23 ADMINISTRATIVE SERVICES, DEPARTMENT OF Administrative Services; public works construction contracts; provisions.............HB 730 Administrative Services; specified preference; qualified business enterprises; disabled veterans; certain types of state contracts ................................ SB 77 Portable Electronics Insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements ......................................................................................H..B 1067 State Government; require this state to reciprocate the preferences granted by out-of-state local governments; resident vendors................................. SB 358 INDEX 4857 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State Purchasing; provide certain multiple award schedule contracts for purchase of equipment for commercial use applications ....................................... SB 492 State Purchasing; purchases without competitive bidding; change certain provisions.................................................................................................................HB 863 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions.....................................................SB 362 ADOPTION Adoption; allow court to consider living arrangements; prospective adoptive single parent; petition for adoption...........................................................SB 247 AGRICULTURE Agriculture; commissioner; authorized to require persons incurring civil penalties to obtain a surety bond .............................................................................SB 367 Agriculture; commissioner; final decision and reconsideration; clarify timing .......................................................................................................................HB 746 Agriculture; provide immunity from civil liability for the agency designated to provide for seed certification.............................................................SB 390 Agriculture; repeal the "Georgia Treated Timber Products Act of 1973"...............SB 357 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Vidalia Onion Trademark; royalty and license fee not exceed a certain amount; eliminate requirement ................................................................................HB 832 AIR POLLUTION Georgia Energy Freedom Act; cap and trade system; permit Governor to delay implementation; comprehensive assessment .................................................... SB 9 ALCOHOLIC BEVERAGES Alcoholic Beverages; authorize wine tastings; certain conditions ..........................SB 222 Alcoholic Beverages; businesses where beverages are consumed with repeated incidents of violent conduct; impose penalties .......................................... SB 45 Alcoholic Beverages; licenses; change certain provisions ...................................HB 1066 Alcoholic Beverages; prohibit sales within a certain distance of a church building ....................................................................................................................SB 124 Alcoholic Beverages; provide for the sale of distilled spirits at public golf courses .....................................................................................................................SB 150 Alcoholic Beverages; tax payment and reporting by licensees; change certain provisions..................................................................................................HB 1065 4858 INDEX Brewpub Distribution System; maximum barrels of beer manufactured and sold; increase....................................................................................................HB 472 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Distilled Spirits; free tastings on premises; authorize .............................................HB 514 Distilled Spirits; provide for issuance of a manufacturer's or distiller's license to a fruit grower; certain circumstances ......................................................SB 114 Distilled Spirits; repeal the limitation on the number of retail dealer licenses which a person may possess ..................................................................... SB 539 ALCOHOLISM, DRUG DEPENDENCY OR ABUSE Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 ALIMONY AND CHILD SUPPORT; ENFORCEMENT Juvenile Proceedings; revise provisions ................................................................. SB 127 AMERICUS, CITY OF Americus, City of; provide for a date of expiration of office for terms of council members and the mayor ..............................................................................SB 515 ANIMALS Dogs; dangerous and vicious; revise provisions......................................................HB 685 APPEAL AND ERROR Civil Practice; medical malpractice arbitration; substantially revise the law............................................................................................................................SB 505 Criminal Procedure; death penalty; repeal the imposition in this state ...................SB 342 Motor Vehicles; provide for definitions; notification of the use of speed detection and enforcement devices..........................................................................SB 444 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 APPLING COUNTY Appling County; Board of Commissioners; change description of districts.........H..B 1285 Appling County; Board of Education; change description of districts..................H..B 1284 APPROPRIATIONS AND FISCAL AFFAIRS Budget Commission; certain counties; population and census application; revise and change..................................................................................................HB 1024 General Appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 ...............HB 742 Supplemental Appropriations; State Fiscal Year July 1, 2011 - June 30, 2012 .........................................................................................................................HB 741 INDEX 4859 Clarke County; City of Athens; Board of Education; change districts .................H..B 1011 Commission of Athens-Clarke County; change the composition and description of the districts........................................................................................SB 494 ATHLETIC TRAINERS Personal Fitness Trainers; provide licensure; definitions; establish Georgia Board of Fitness Trainers...........................................................................SB 204 ATKINSON COUNTY Atkinson County; Board of Commissioners; change description of districts...................................................................................................................H..B 1111 Atkinson County; Board of Education; change description of districts ................H..B 1112 Atkinson County; Chief Magistrate Judge; provide nonpartisan elections ...........H..B 1120 Atkinson County; Probate Court judge; provide nonpartisan elections ................H..B 1119 ATLANTA, CITY OF Atlanta, City of; municipal court; modify provisions ...........................................H..B 1298 State Highway System; dedicate certain portions .................................................H..R 1177 ATTORNEY GENERAL Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances..............................SB 181 ATTORNEYS Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions................................HB 940 Real Estate Professionals; provisions ..................................................................... SB 365 AUDITS AND ACCOUNTS, DEPARTMENT OF Local Government; electronic transmission of budgets; change certain definitions ................................................................................................................SB 381 State Accounting Officer; contract with a third party to audit state contracts; annual report............................................................................................... SB 8 AUGUSTA, CITY OF Augusta-Richmond County Coliseum Authority; appointed members may be reappointed to succeed themselves; provide.............................................H..B 1203 Augusta-Richmond County Coliseum Authority; modify provisions; provide terms and appointment of members ...........................................................SB 276 Richmond County; City of Augusta; change description of commissioner districts.....................................................................................................................HB 923 State Highway System; dedicate certain portions .................................................H..R 1177 4860 INDEX AUTHORITIES Local Government; clarify development authorities are authorized to conduct redevelopment............................................................................................SB 257 Public Transit Authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...............H..B 1051 AVIATION Aviation; provide for local governments' ability to accept community improvement district funds ......................................................................................SB 371 Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 Motor Fuel Tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ............................................................HB 743 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 AVONDALE ESTATES, CITY OF Avondale Estates, City of; change corporate limits of city ..................................HB 1218 B BACON COUNTY Bacon County; Board of Commissioners; change description of districts............H..B 1269 Bacon County; Board of Commissioners; membership of chairperson and commissioners on boards and authorities; limit ....................................................H..B 1272 Bacon County; Board of Education; change description of districts ....................H..B 1268 BAIL; BONDS AND RECOGNIZANCES Bonds; release unclaimed bonds one year after surety released; provide ...............HB 372 Criminal Procedure; death penalty; repeal the imposition in this state ...................SB 342 BAKER COUNTY Baker County; Board of Elections and Registration; reconstitute and change the composition ...........................................................................................SB 477 BALDWIN COUNTY Baldwin County; Board of Commissioners; change the description of commissioner districts .............................................................................................SB 318 Baldwin County; Board of Education; change the description of the education districts ................................................................................................... SB 317 INDEX 4861 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 BALL GROUND, CITY OF Ball Ground, City of; remove exception for certain property from jurisdiction of municipal court ..............................................................................H..B 1216 BANKING AND FINANCE Banking and Finance; credit exposure as a counterparty in derivative transactions; limit certain obligations.....................................................................HB 886 Banks and Trust Companies; issuance of non-cash valued shares with approval; provide ....................................................................................................HB 945 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Georgia Merchant Acquirer Limited Purpose Bank Act; enact ..............................HB 898 Income Tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..................HB 965 Mortgage Lenders and Brokers; certain mortgage activities without a license; prohibit ......................................................................................................HB 946 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Real Estate Professionals; provisions ..................................................................... SB 365 Sound Money In Banking Act; require any bank serving as a depository for state; offer and accept gold and silver coin for deposit .................................... SB 116 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 BARROW COUNTY Barrow County Governing Authority Study Commission; create ..........................HB 580 BARTELL, AL; addressed the Senate...................................................................Page 335 BARTOW COUNTY Bartow County; Board of Education; change description of districts...................H..B 1041 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 BEDDING Health; provide for regulation of previously used material in mattresses and similar consumer products ................................................................................SB 314 4862 INDEX BEN HILL COUNTY Ben Hill County; Board of Commissioners; change description of districts...................................................................................................................H..B 1002 Ben Hill County; Board of Education; change description of districts .................H..B 1158 BERKELEY LAKE, CITY OF Berkeley Lake, City of; change corporate limits.....................................................HB 956 BERRIEN COUNTY Berrien County; Airport Authority; increase membership of board .....................H..B 1100 Berrien County; Board of Commissioners; provide new districts.........................H..B 1098 Berrien County; Board of Education; change description of districts...................H..B 1099 BIBB COUNTY Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 169 Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 171 Bibb County; Board of Commissioners; change description of districts ................HB 962 Bibb County; Board of Public Education; change description of districts..............HB 963 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Macon-Bibb; provide for the restructuring of the governments..............................SB 274 Macon-Bibb County Community Enhancement Authority Act; enact .................H..B 1265 Macon-Bibb County Transit Authority Act of 1980; enter into contracts with counties and municipal corporations to provide public transportation services; provide power .........................................................................................H..B 1206 Macon-Bibb County Water and Sewerage Authority Act; provide appointment of certain members; period of service ................................................SB 279 Macon-Bibb County; create and incorporate new political body corporate .........H..B 1171 Macon-Bibb Georgia; provide unified government .................................................HB 98 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 BISHOP, U.S. CONGRESSMAN SANFORD; addressed the Senate ................P...a.g..e...4..46 BLACKWELL, JUDGE KEITH R.; Election Certification .................................Page 11 BLASTING OR EXCAVATING NEAR UTILITY FACILITIES Georgia Utility Facility Protection Act; revise the definition of the term "excavation".............................................................................................................SB 408 INDEX 4863 BLECKLEY COUNTY Bleckley County; Board of Education and School Superintendent; number of members and districts where elected; provide ....................................HB 1300 BLIND, GEORGIA INDUSTRIES FOR THE Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 BOARD OF REGENTS, UNIVERSITY SYSTEM OF GEORGIA Board of Regents; add a student member ................................................................SR 722 BOATS, MARINE EQUIPMENT AND FACILITIES; REGISTRATION, OPERATION, AND SALE OF WATERCRAFT Natural Resources, Department of; privacy of certain records and personal information; provide .................................................................................HB 875 Salt Water Fisheries Management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.................................................................................................................HB 869 Watercraft Operation; 0.08 alcohol concentration; violation; provide....................HB 315 BONDS Bonds; certain validation hearing appearance provisions; provide.........................HB 844 BRANTLEY COUNTY Brantley County; school district ad valorem tax; provide homestead exemption ..............................................................................................................H..B 1070 BRASELTON, TOWN OF Braselton, Town of; initial terms of office for board members; correct .................HB 481 Town of Braselton Community Improvement District; apply for, receive, administer, or utilize grants from federal, state, county or municipal governments under certain conditions; allow........................................................H..B 1129 BROOKS COUNTY Brooks County; Board of Commissioners; provide new districts .........................H..B 1095 Brooks County; Board of Education; provide new districts.................................HB 1096 BRUNSWICK Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide ..........................H..B 1271 BRYAN COUNTY Bryan County; Board of Commissioners; change description of districts ..............HB 973 Bryan County; Board of Education; change description of districts.......................HB 709 4864 INDEX Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ...................................................................................................... SR 765 BUILDINGS AND HOUSING Fire Protection and Safety; buildings; transfer certain functions; Department of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner.................................................SB 446 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 BURGLARY OR ARMED ROBBERY; FORFEITURE OF PROPERTY Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 BURKE COUNTY Burke County; Board of Commissioners; change description of districts ............H..B 1059 Burke County; Board of Education; change description of districts.....................H..B 1060 Judge John H. Ruffin, Jr. Memorial Highway; dedicate ........................................ SR 432 Preston B. Lewis, Jr. Memorial Highway; Burke County; dedicate .....................S..R 1084 BUSINESS AND OCCUPATION TAXES Pawnbrokers; provide limitations regarding certain fees or taxes for pawnbroker transactions ..........................................................................................SB 233 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Taxation; provide sales and use taxes shall not apply to amounts paid by transients to travel agents or intermediaries ............................................................SB 244 BUTTS COUNTY Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ...................................................................................................... SR 765 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 C CABLE TELEVISION Broadband Investment Equity Act; provide regulation of competition between public and private providers of communications service..........................SB 313 CALHOUN COUNTY Calhoun County; Board of Education; number of members and the districts where elected; provide ...............................................................................HB 902 INDEX 4865 Calhoun County; Board of Education; provide new districts.................................HB 749 Calhoun County; provide new commissioner districts............................................HB 750 State Highway System; dedicate certain portions .................................................H..R 1177 CAMDEN COUNTY Camden County; Board of Commissioners; change description of districts.....................................................................................................................HB 789 Camden County; Board of Education; change description of districts ...................HB 788 State Highway System; dedicate certain portions .................................................H..R 1177 CANDLER COUNTY Candler County; Board of Commissioners; change description of districts ...........HB 754 Candler County; Board of Education; revise districts .............................................HB 755 CARROLL COUNTY Carroll County; Board of Commissioners; change description of districts.............HB 740 Carroll County; Board of Education; change description of districts .....................HB 892 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 CATOOSA COUNTY Bert Ward Memorial Bridge; Catoosa County; dedicate ....................................... SR 843 Catoosa County; Board of Commissioners; change description of districts .........H..B 1263 Catoosa County; Board of Education; change description of districts..................H..B 1262 Catoosa County; Office of Commissioner; change the description of the commissioner districts .............................................................................................SB 526 State Highway System; dedicate certain portions .................................................H..R 1177 CEMETERIES Joint Crematoria Study Committee; create..............................................................SR 104 CEMETERY AND FUNERAL SERVICES Cemetery and Funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program............................HB 933 CENSUS Ad Valorem Tax; population brackets and census; change provisions...................HB 634 Budget Commission; certain counties; population and census application; revise and change..................................................................................................HB 1024 Local Government; approval of bonded debt by election; population brackets and the census; change certain provisions ..............................................H..B 1117 Taxes; population bracket under 2010 census; update ............................................HB 407 4866 INDEX CERTIFIED CAPITAL COMPANY OR INSURANCE COMPANY Revenue and Tax; coin operated amusement machines; revise and add definitions ................................................................................................................HB 164 CHAMBLEE, CITY OF Chamblee, City of; corporate limits; change .........................................................H..B 1006 CHAPLAINS OF THE DAY Battle, Pastor Don .................................................................................................Page 216 Beatty, Pastor Jerrell .............................................................................................P...age 308 Benefield, Pastor Jeff............................................................................................P...a.ge 288 Byrd, Pastor Randy ...............................................................................................P. age 511 Cochran, Reverend Edward ....................................................................................P...a.g..e...73 Davis, Senator Hardie ...........................................................................................P...a.g. e 244 Dickerson, Reverend Jason.................................................................................P...a.g..e...2..0..48 Dodson, Reverend Stephen M. ..............................................................................P..a.g..e...1..02 Gaither, Pastor Sherry...........................................................................................P...a.g. e 391 Ginn, Senator Frank............................................................................................P...a.ge 2281 Grant, Reverend Kenny ......................................................................................P...a.g..e...2. 194 Gregory, Archbishop Wilton ................................................................................P...a.g..e...2..68 Groce, Pastor Ernest .............................................................................................P...age 446 Harris, Reverend Michael ......................................................................................P..a.g..e...3..34 Hilton, Pastor Todd.............................................................................................P...age 2019 Junn, Reverend Sharon .......................................................................................P...a.g..e...1061 Lee, Dr. Richard..................................................................................................Page 1550 Lee, Reverend George P. ......................................................................................P...a.g..e...1. 39 Levett, Pastor George ...........................................................................................P...a.g. e 173 McFall, Reverend Steve........................................................................................P...a.g..e.. 361 Merritt, Dr. James ...............................................................................................P. age 3277 Morton, Bishop Paul ...........................................................................................P...a.g. e 1342 Myers, Pastor Kevin ...............................................................................................P. age 16 Neeley, Pastor David ..........................................................................................P...a.g..e 1151 Pollard, Pastor Gregory.......................................................................................P...a.g..e...1235 Richards, Reverend Franklin J. II ..........................................................................P..a..g.e...2..03 Rogers, Pastor Jon...............................................................................................P. age 1029 Ross, Dr. Bill ...........................................................................................................P..a..g.e...63 Samples, Pastor Tony ...........................................................................................P...a.g. e 252 Samuel, Pastor Kenneth Lee.................................................................................P...a.g..e...1..54 Stephens, Dr. Wiley ................................................................................................Page 67 Stewart, Reverend Michael.....................................................................................P...a.g..e...48 Struecker, Reverend Jeff.........................................................................................P...a.g..e. 78 Tate, Pastor Benny................................................................................................Page 471 INDEX 4867 Vivenzio, Pastor Peter.........................................................................................P...a.g..e. 2962 Voorhees, Chaplain Paul.....................................................................................P...a.g..e...3..993 Waters, Reverend John .........................................................................................P...a.g..e. 119 Watley, Reverend William .................................................................................P...a.g..e...2..0..99 Watson, Dr. Darrell...............................................................................................P. age 991 Winokur, Rabbi Harvey J. ..................................................................................P...a.g..e...2..8..58 CHARITIES AND CHARITABLE SOLICITATIONS Sales and Use Tax Exemptions; donated food for hunger relief; extend ................HB 318 Sales and Use Tax Exemptions; food and beverages to food bank; extend ............HB 334 CHARLTON COUNTY Charlton County; Board of Commissioners; change provisions relating to number of meetings held ......................................................................................H..B 1282 Charlton County; nonstaggered four-month vehicle registration period; repeal Act...............................................................................................................H..B 1283 CHATHAM COUNTY Chatham Area Transit Authority; board membership and staggered terms; provide ...................................................................................................................H..B 1275 Chatham County; Board of Commissioners; change description of districts.....................................................................................................................HB 998 Chatham County; change the description of the commissioner districts; definitions and inclusions ........................................................................................SB 480 Chatham County; City of Savannah; Board of Education; change description of districts..............................................................................................HB 999 Chatham County; City of Savannah; change the description of the education districts ................................................................................................... SB 481 Chatham County; governing authority; provide that no chairman may succeed himself or herself in office more than three times ...................................... SB 91 Magistrate Court of Chatham County; provide for the collection of additional costs as law library fees ..........................................................................SB 516 Magistrate Court of Chatham County; qualifications for magistrates; provide ...................................................................................................................H..B 1301 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 Savannah, City of; term of office of board of education president; revise provisions.................................................................................................................HB 539 CHATTOOGA COUNTY Chattooga County; Board of Education; revise districts ........................................HB 922 Chattooga County; revise compensation of commissioner ..................................HB 1195 4868 INDEX CHEROKEE COUNTY Cherokee County; Board of Commissioners; revise districts.................................HB 979 Cherokee County; Board of Education; revise districts ..........................................HB 978 Cherokee County; Board of Education; revise districts ........................................H..B 1223 Cherokee County; homestead exemption; ad valorem taxes for county purposes ...................................................................................................................SB 514 Cherokee County Development Authority; provide for expanded powers and duties .................................................................................................................SB 529 Johnny Hunt Highway; Cherokee County; dedicate .............................................S..R 1060 State Highway System; dedicate certain portions .................................................H..R 1177 William G. Long Interchange; Cherokee County; dedicate ................................. SR 1083 CHILDREN AND YOUTH ACT; CARE AND PROTECTION PROGRAMS Medicaid and PeachCare; convert program funds to premium assistance to allow low-income families to participate in private sector health insurance plans........................................................................................................ SB 215 CIGAR AND CIGARETTE TAXES Excise Tax; certain tobacco products; change certain provisions .........................H..B 1071 Taxes; provide any taxes imposed on cigars on or after 1/1/2012 shall be collected and paid through the use of stamps ..........................................................SB 281 CIVIL PRACTICE American Laws for Georgia Courts Act; no court shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution...................... SB 51 Civil Practice; default judgment; require plaintiff to provide notice to the defaulting party....................................................................................................... SB 353 Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ................................................................. SB 316 Civil Practice; medical malpractice arbitration; substantially revise law ...............SB 505 Civil Practice; personal service of a summons on a corporation; provisions.................................................................................................................SB 348 Civil Practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers .........H..B 1048 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Georgia Innocence Inquiry Commission; create; provide a purpose; define certain terms; membership and appointment................................................SB 290 Georgia International Commercial Arbitration Code; repeal Part 2, relating to international arbitration ..........................................................................SB 383 Georgia Medicaid Access Act; establish; provide for filing of a proposed complaint of a medical malpractice claim against a medical assistance provider....................................................................................................................SB 149 INDEX 4869 Georgia Tax Tribunal; create...................................................................................HB 100 Insurance Companies; provide procedure; claimant's offers to settle torts claims involving liability insurance policies ...........................................................SB 502 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 CLARKE COUNTY Clarke County; change county commission election districts; provide nonbinding advisory referendum.............................................................................HB 804 Clarke County; City of Athens; Board of Education; change districts .................H..B 1011 CLAY COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 CLAYTON COUNTY Clayton County; Board of Commissioners; revise districts .................................HB 1202 Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership .................................................................HB 903 CLERKS, SUPERIOR COURT Civil Practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers .........H..B 1048 Elections; clerks of superior court; provide for nonpartisan election....................... SB 73 Georgia Tax Tribunal; create...................................................................................HB 100 CLINCH COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 State Highway System; dedicate certain portions .................................................H..R 1177 CLINICAL LABORATORIES Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee...........................................SB 407 COBB COUNTY Cobb County; Board of Commissioners; change description of districts ...............HB 905 Cobb County; Board of Commissioners; reconstitute.............................................SB 535 Cobb County; Board of Education; change description of districts ......................H..B 1208 Cobb County; Magistrate Court; provide for collection of law library fees .........H..B 1177 Cobb County; State Court, charge technology fee; authorize ................................HB 608 4870 INDEX State Highway System; dedicate certain portions .................................................H..R 1177 W.T. (Travis) Duke Memorial Bridge; dedicate .....................................................SR 328 William Austin Atkins, Sr. Bridge; dedicate...........................................................SR 308 COBB JUDICIAL CIRCUIT Cobb County; State Court; charge technology fee; authorize ................................HB 608 COCHRAN, CITY OF Cochran, City of; provide new charter .................................................................HB 1185 CODE OF GEORGIA Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions................................................................................HB 944 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 COFFEE COUNTY Coffee County; Board of Commissioners; change description of districts ...........H..B 1004 Coffee County; Board of Education; change description of districts....................H..B 1005 Coffee County; Chief Magistrate Judge; provide nonpartisan elections...............H..B 1121 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 SGT Harold Wiggins Memorial Bridge; dedicate...................................................SR 380 COIN OPERATED AMUSEMENT MACHINES Coin Operated Amusement Machines; limit on number allowed at location; exception..................................................................................................HB 462 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Revenue and Tax; coin operated amusement machines; revise and add definitions ................................................................................................................HB 164 COLLEGE PARK, CITY OF City of College Park Water and Sewer Authority; create ......................................HB 459 COLQUITT COUNTY Colquitt County; Board of Commissioners; change description of districts.........H..B 1087 Colquitt County; Board of Education; change description of districts..................H..B 1088 COLUMBIA COUNTY Columbia County; Board of Commissioners; change description of districts.....................................................................................................................HB 913 INDEX 4871 Columbia County; Board of Commissioners; provide term limits for chairperson and members ......................................................................................H..B 1167 Columbia County; Board of Education; change description of districts.................HB 912 COLUMBUS, CITY OF Columbus, City of; certain notices to be made in newspaper having largest circulation; provide ....................................................................................H..B 1258 Columbus Municipal Court; provide nonpartisan elections for judge ....................SB 531 COMMEMORATIVE RESOLUTIONS AND DESIGNATIONS (ALSO SEE HIGHWAYS) Deputy James D. Paugh Memorial Highway; Richmond County; dedicate .........H..R 1103 State Highway System; dedicate certain portions .................................................H..R 1177 COMMERCE AND TRADE Assisted Living; authorize licensed personal care homes and community living arrangements to use certain terms ................................................................ SB 455 Cemetery and Funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program............................HB 933 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Commerce and Trade; provide incandescent light bulbs manufactured in Georgia not exported from the state shall not be subject to federal regulation .................................................................................................................. SB 61 Commerce and Trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions....................................................................................................HB 872 Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide............................................................................H..B 1132 Georgia Lemon Law; consumer; define term..........................................................HB 205 Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers from the consumer ..........................................................................SB 305 Georgia Self-service Storage Facility Act of 2012; definitions; change the due date for monthly rental payments .................................................................... SB 512 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Secondary Metal Recyclers; comprehensive revision of provisions.......................SB 321 Secondary Metal Recyclers; unlawful for person to maliciously deface any personal or real property; purpose of obtaining nonferrous metals .................SB 296 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 4872 INDEX Taxes; provide any taxes imposed on cigars on or after 1/1/2012 shall be collected and paid through the use of stamps ..........................................................SB 281 Trade Practices; clarify certain information; economic development project; conducted by private person shall not constitute public information ..............................................................................................................SB 159 Vehicles; commercial wreckers exceeding maximum weight for vehicles on highway system when conducting emergency tow; provide annual permits .....................................................................................................................HB 835 COMMERCE, CITY OF Commerce, City of; Board of Commissioners; change description of districts...................................................................................................................H..B 1012 Commerce, City of; Independent School Districts; change description of districts.....................................................................................................................HB 908 COMMERCIAL CODE Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Real Estate Professionals; provisions ..................................................................... SB 365 COMMISSIONER OF INSURANCE State Accounting Office; designate as the Comptroller General; transfer the office ..................................................................................................................SB 343 COMMISSIONS Budget Commission; certain counties; population and census application; revise and change..................................................................................................HB 1024 Citizens' Redistricting Commission; create; membership; duties ...........................SB 175 Citizens' Redistricting Commission; provide legislative and congressional reapportionment; independent, nonpartisan commission instead of General Assembly................................................................................................... SR 263 Elections; provide for dates of nonpartisan elections; minimum number of members for local boards of election ................................................................... SB 92 Georgia Innocence Inquiry Commission; create; provide a purpose; define certain terms; membership and appointment................................................SB 290 Interstate Compact on Educational Opportunity for Military Children; adopt; provide for purpose and policy of said impact .............................................SB 219 Joint Commission on Recommendation; create ......................................................SR 889 Joint Human Trafficking Study Commission; create ............................................H..R 1151 Tourism Promotion Joint Study Commission; create..............................................SR 719 COMMITTEE ON ASSIGNMENTS ALBERS; appointed Ex-Officio to Health and Human Services; March 21 .....P...a.g..e...2..8..43 INDEX 4873 ALBERS; appointed Vice Chairman of Finance ....................................................P...a.g..e...14 BALFOUR; appointed Chairman of Appropriations Fiscal Management Subcommittee...........................................................................................................P..a..g.e...14 BETHEL; appointed Chairman of Reapportionment and Redistricting....................P..a.g..e. 6 CARTER, B.; appointed Chairman of Higher Education.........................................Page 7 CARTER, B.; appointed to Appropriations Higher Education Subcommittee...........................................................................................................P..a..g.e...14 CRANE; Standing Committee Appointments........................................................P. age 15 DAVENPORT; appointed Ex-Officio to Public Safety; February 23..................P...a.g..e...9..63 GINN; appointed Ex-Officio to Natural Resources and the Environment ..............P..a.g..e...14 GOOCH; appointed Ex-Officio to Natural Resources and the Environment.........P...a.g..e...14 GRANT; appointed to Rules Committee ..................................................................Page 7 HILL, JUDSON; appointed Ex-Officio to Transportation .....................................Page 14 JEFFARES; appointed Chairman of State Institutions and Property .......................P...a.g..e. 8 LT. GOV. CAGLE; notified of approval of Governor's Appointments ............P...a.g..e...3..2..71 LIGON; appointed Ex-Officio to Regulated Industries and Utilities .....................P...a.g..e...14 LOUDERMILK; appointed Ex-Officio to Regulated Industries and Utilities ....................................................................................................................P...a.g..e...14 McKOON; appointed Ex-Officio to Regulated Industries and Utilities .................P..a.g..e...14 MILLER; appointed Ex-Officio to Public Safety; February 23 ...........................P...a.g. e 963 MILLER; appointed Ex-Officio to Veterans, Military and Homeland Security; February 22............................................................................................P...a.ge 493 MULLIS; appointed Ex-Officio to Government Oversight; February 29..........P...a..g..e..1..1..20 MULLIS; appointed Ex-Officio to Public Safety; March 21 .............................P...age 2844 PARIS; appointed Secretary to Veterans, Military and Homeland Security.........P..a.g...e..2..97 ROGERS; appointed Ex-Officio to Government Oversight; February 29.........P...a..g.e...1..1..20 ROGERS; appointed Ex-Officio to Health and Human Services; March 26.....P...a.g..e...2..9..45 STATON; appointed Ex-Officio to Health and Human Services; March 21 .....P...a.g..e...2..8..44 STONE; appointed Vice Chairman of Banking and Financial Institutions............P...a.g..e...14 TATE; appointed Secretary to Reapportionment and Redistricting ......................P..a.g..e...2..97 TIPPINS; appointed Ex-Officio to Transportation ..................................................P..a.g..e...14 WILKINSON; appointed Ex-Officio to State and Local Governmental Operations ...........................................................................................................P...a.g..e...2..2..57 WILKINSON; Standing Committee Appointments...............................................P. age 16 WILLIAMS; appointed Ex-Officio to Public Safety; March 12 ........................P...a.g..e.. 2008 WILLIAMS; appointed Ex-Officio to Special Judiciary; March 20..................P...a.g..e...2..2..58 COMMITTEES Ethics; rename to State Accountability Commission; campaign contributions; change provision; revise "Ethics in Government Act".....................SB 391 Fire Protection and Safety; consolidate primary state fire protection and safety services within a single agency; establish Department of Fire Safety .......................................................................................................................SB 186 4874 INDEX Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee..............................................................................H..B 1080 Georgia Ethics and Accountability Joint Study Committee; create ......................S..R 1068 Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review and evaluate state agencies', productivity, efficiency, and responsiveness ..........................................SB 223 Health Care Transformation; Senate study committee; create ................................. SR 54 HOPE Scholarships; provide students receiving scholarships who require remedial classes shall not be enrolled in research universities; Georgia Lottery Corporation Legislative Oversight Committee...........................................SB 131 Joint Crematoria Study Committee; create..............................................................SR 104 Preservation of Sapelo Island; Joint Study Committee; create ...............................SR 677 Senate Alternative Sustainable Transportation Study Committee; create...............SR 819 Senate Complete Streets Study Committee; create ...............................................S..R 1213 Senate Erosion and Sediment Control Study Committee; create ............................SR 525 Senate Garnishment Proceedings Study Committee; create ................................ SR 1217 Senate Homeless and Female Veterans Assistance Study Committee; create........................................................................................................................SR 872 Senate Preservation of Sapelo Island Study Committee; create..............................SR 727 Senate Residential and General Contractors Licensing Study Committee; create........................................................................................................................SR 393 Senate State Fair Tax Study Committee; create ....................................................... SR 28 Senate Study Committee on Advance Directives; create ......................................... SR 19 Senate Study Committee on Georgia Ethics and Accountability; create ..............S..R 1220 Senate Study Committee on the Horse Racing Industry; create............................S..R 1242 Senate Technology in Tax Collection Study Committee; create...........................S..R 1188 Senate Tenth Amendment Enforcement Study Committee; create .........................SR 122 State-Local Government Mandate Review; create joint study committee..............SR 265 SENATE STANDING COMMITTEE APPOINTMENTS ALBERS; appointed Vice Chairman of Finance ....................................................P...a.g..e...14 BETHEL; appointed Chairman of Reapportionment and Redistricting....................P..a.g..e. 6 CARTER, B.; appointed Chairman of Higher Education.........................................Page 7 CRANE; Standing Committee Appointments........................................................P. age 15 GINN; appointed Ex-Officio to Natural Resources and the Environment ..............P..a.g..e...14 GOOCH; appointed Ex-Officio to Natural Resources and the Environment.........P...a.g..e...14 GRANT; appointed to Rules Committee ..................................................................Page 7 HILL, JUDSON; appointed Ex-Officio to Transportation .....................................Page 14 JEFFARES; appointed Chairman of State Institutions and Property .......................P...a.g..e. 8 LIGON; appointed Ex-Officio to Regulated Industries and Utilities .....................P...a.g..e...14 LOUDERMILK; appointed Ex-Officio to Regulated Industries and Utilities ....................................................................................................................P...a.g..e...14 McKOON; appointed Ex-Officio to Regulated Industries and Utilities .................P..a.g..e...14 INDEX 4875 PARIS; appointed Secretary to Veterans, Military and Homeland Security.........P..a.g...e..2..97 STONE; appointed Vice Chairman of Banking and Financial Institutions............P...a.g..e...14 TATE; appointed Secretary to Reapportionment and Redistricting ......................P..a.g..e...2..97 TIPPINS; appointed Ex-Officio to Transportation ..................................................P..a.g..e...14 WILKINSON; appointed Ex-Officio to State and Local Governmental Operations ...........................................................................................................P...a.g..e...2..2..57 WILKINSON; Standing Committee Appointments...............................................P. age 16 SESSION COMMITTEE MEETING APPOINTMENTS ALBERS; appointed Ex-Officio to Health and Human Services; March 21 .....P...a.g..e...2..8..43 DAVENPORT; appointed Ex-Officio to Public Safety; February 23..................P...a.g..e...9..63 MILLER; appointed Ex-Officio to Public Safety; February 23 ...........................P...a.g. e 963 MILLER; appointed Ex-Officio to Veterans, Military and Homeland Security; February 22............................................................................................P...a.ge 493 MULLIS; appointed Ex-Officio to Government Oversight; February 29..........P...a..g..e..1..1..20 MULLIS; appointed Ex-Officio to Public Safety; March 21 .............................P...age 2844 ROGERS; appointed Ex-Officio to Government Oversight; February 29.........P...a..g.e...1..1..20 ROGERS; appointed Ex-Officio to Health and Human Services; March 26.....P...a.g..e...2..9..45 STATON; appointed Ex-Officio to Health and Human Services; March 21 .....P...a.g..e...2..8..44 WILLIAMS; appointed Ex-Officio to Public Safety; March 12 ........................P...a.g..e.. 2008 WILLIAMS; appointed Ex-Officio to Special Judiciary; March 20..................P...a.g..e...2..2..58 COMPENSATION RESOLUTIONS Cauley, Mr. James A.; compensate and provide state income tax exclusion ................................................................................................................H..R 1161 Word, Mr. Lathan Rydell; compensate ................................................................HR 1160 CONSERVATION AND NATURAL RESOURCES Conservation and Natural Resources; commercial lawn and landscape companies shall not deposit grass trimmings; within 50 meters of storm drain .........................................................................................................................SB 384 Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 Georgia Energy Freedom Act; cap and trade system; permit Governor to delay implementation; comprehensive assessment .................................................... SB 9 Herty Advanced Materials Development Center; change provision; rename and transfer governance to Board of Regents ............................................SB 396 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal............................................................................SB 293 Natural Resources; sewage and waste disposal; permit requirements and prohibited acts; change certain provisions...............................................................SB 415 4876 INDEX Natural Resources, Board of; compensation and reimbursement of members for expenses; provisions...........................................................................SB 259 Natural Resources, Board of; provide for an extension of the automatic repeal of Code Section 12-5-9 .................................................................................SB 369 Natural Resources, Department of; privacy of certain records and personal information; provide .................................................................................HB 875 Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize ...............................................HB 684 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Public Authorities; provide certain powers; Georgia Music Hall of Fame Authority and Georgia Sports Hall of Fame Authority; video lottery terminals ..................................................................................................................SB 272 Public Water Systems; require public water suppliers; transmit customer water consumption data to such county.................................................................. SB 521 Salt water Fisheries Management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.................................................................................................................HB 869 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 State Parks; use of boats; public nuisances; revise certain provisions ....................SB 319 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions.....................................................SB 362 Waste Management; permits for municipal solid waste landfill sites; significant ground-water recharge area; provisions ................................................SB 253 Waste Management; restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; provisions................................... SB 110 Water Resources; cooperative efforts for abatement of pollution, order of director, request for hearing; provisions................................................................. SB 269 Water Resources; exempt water withdrawals from a certain portion of the Tennessee River basin .............................................................................................SB 132 Water Resources; exempt water withdrawals; Tennessee River basin restrictions on transfers of water .............................................................................SB 374 Water Resources; regulate interbasin transfers of water; provisions ......................SB 128 Water Resources; require violators to pay for the costs of third-party monitoring................................................................................................................SB 499 INDEX 4877 CONSPIRACY AND SOLICITATION; CRIMINAL CODE Labor; provide provisions prohibiting mass picketing shall apply to certain private residences.........................................................................................SB 469 CONSTITUTIONAL AMENDMENTS Board of Regents; add a student member ................................................................SR 722 Citizens' Redistricting Commission; provide legislative and congressional reapportionment; independent, nonpartisan commission instead of General Assembly................................................................................................... SR 263 Constitution; describe foreign and religious laws incompatible with laws and policy of the United States and State of Georgia..............................................SR 926 Counties; number of counties limited; county boundaries and county sites .........S..R 1067 Counties; provide the re-creation of a existing county merged into another county may be accomplished by law; subject voters approval.................... SR 16 Counties; provide the re-creation of an existing county merged into another county may be accomplished by law; subject voters approval.................... SR 17 Counties; provide the re-creation of an existing county merged into another county may be accomplished by law; subject voters approval.................... SR 18 Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 Education; clarify the authority of the state to establish state-wide education policy...................................................................................................... SR 853 General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations................................................ SR 84 General Assembly; authorize to provide a fixed sum for funding the Georgia Ethics Commission ....................................................................................SR 739 General Assembly; authorize to provide by general law; dedication of revenue to any one or more state programs; enhance public safety and security.....................................................................................................................SR 704 General Assembly; authorize to provide by law for pari-mutuel wagering on horse racing; net proceeds; educational purposes ............................................S..R 1025 General Assembly; authorize to provide limitations by general law; amount of tuition; lottery funded scholarships; Technical College System of Georgia ...............................................................................................................SR 345 General Assembly; provide by law; dedication of revenues collected from the sale of fireworks; funding trauma care and firefighter services ........................SR 845 General Assembly; state-wide education policy; clarify authority .......................H..R 1162 Georgia High Risk Individual Reinsurance Pool; provide allocation of a percent of premium taxes collected to offset losses ................................................. SR 24 Government Fiscal Responsibility Amendment; provide procedures, conditions, and limitations.....................................................................................S..R 1054 Paramount Right to Life; without regard to age, race, sex, health, function or condition of dependency .....................................................................................SR 153 4878 INDEX Sales and Use Tax; educational purposes; only distributed on basis of full-time equivalent student counts........................................................................H..R 1150 Sales and Use Tax; educational purposes; proceeds ...............................................SR 738 Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation and expenditures ..................................................................... SR 20 Taxpayer Protection Amendment of 2011; use of supplementary appropriations ............................................................................................................. SR 3 Trauma Care; annually dedicate from license tag fees collected per each vehicle registered in this state; definition; procedures ............................................SR 140 CONSUMERS' UTILITY COUNSEL DIVISION Consumers' Utility Counsel Division; not necessary to file copies of filings with Public Service Commission; provide ...................................................HB 769 CONTRACTORS (CONSTRUCTION) Taxation; nonresident subcontractor withholding payments; change required percentage.................................................................................................HB 932 CONTRACTS Administrative Services, Department of; public works construction contracts; provisions ................................................................................................HB 730 Attorney Fees; validity and enforcement; change provisions ..................................HB 64 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances..............................SB 181 Georgia Public Works and Contractor Protection Act; enact; redefine a certain term; clarify provisions................................................................................... SB 3 Georgia Public Works and Contractor Protection Act; redefine a certain term; provisions ........................................................................................................ SB 27 Guaranteed Asset Protection Waivers; retail seller's requirements to insure waiver obligations; provide exception..........................................................HB 820 Municipalities; law enforcement contracts; population brackets and census; change provisions .....................................................................................H..B 1026 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Public Contracts; provide exception to the public works affidavit requirements ............................................................................................................SB 217 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 State Agencies; guaranteed energy savings performance contracts; change certain provisions ........................................................................................HB 934 INDEX 4879 CONTROLLED SUBSTANCES Chase's Law; Schedule I and V controlled substance; "dangerous drug"; provisions.................................................................................................................SB 370 College and University Special District Act of 2011 ............................................... SB 53 Controlled Substances; additional Schedule I substances; provide.........................HB 199 Controlled Substances; authorize the use of remote automated medication systems; definitions; requirements ..........................................................................SB 180 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition ....................................................................... SB 378 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 Juvenile Proceedings; revise provisions ................................................................. SB 127 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 State Government; prohibit policies by local governments that limit or restrict the enforcement of immigration laws; definitions ..................................... SB 104 COOK COUNTY Cook County; Board of Commissioners; change description of districts .............H..B 1084 Cook County; Board of Education; change description of districts ......................H..B 1083 Cook County; Magistrate Court; future elections for chief magistrate shall be nonpartisan elections; provide.................................................................HB 1082 COOLIDGE, CITY OF Coolidge, City of; provide for elections of mayor and council members ...............SB 264 Coolidge, City of; time of municipal elections; change provisions ........................HB 628 CORONERS Georgia Composite Medical Board; provide for additional powers; enact the Georgia Pain Management Clinic Act; require licensure ................................. SB 453 Georgia Pain Management Clinic Act; enact ..........................................................HB 972 CORPORATIONS, PARTNERSHIPS, AND ASSOCIATIONS Banking and Finance; credit exposure as a counterparty in derivative transactions; limit certain obligations.....................................................................HB 886 Corporations; property held by congregations and religious societies; revise provisions ..................................................................................................... SB 280 Estates; provide for a tenancy in the entirety; exceptions ........................................ SB 28 Food Sales and Service Establishments; revise definitions; exempt certain activities ...................................................................................................................HB 681 Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 4880 INDEX Telecommunications; revise and update certain provisions; remove telegraph companies from jurisdiction of Public Service Commission ..................SB 454 COSMETOLOGISTS Cosmetologists; examinations and applications for certificates of registration; change certain provisions ...................................................................HB 374 COUNTIES Budget Commission; certain counties; population and census application; revise and change..................................................................................................HB 1024 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Code Enforcement Boards; code enforcement officers; change definition..............HB 93 Counties and Municipal Corporations; owner of property against which a notice of code of violation has been sent; fails to correct; subject to daily fine ...........................................................................................................................SB 262 Counties; provide authority; operate vehicle for hire equipped to transport passengers in wheelchair throughout the state ........................................................SB 373 Counties; provide the re-creation of a existing county merged into another county may be accomplished by law; subject voters approval.................... SR 16 Counties; provide the re-creation of an existing county merged into another county may be accomplished by law; subject voters approval.................... SR 17 Counties; provide the re-creation of an existing county merged into another county may be accomplished by law; subject voters approval.................... SR 18 Development Authorities Law; include facilities owned by public or private entity; amend definition...............................................................................HB 475 Elections; add 1 percent judicial qualifying fee to fund the Commission; provide .....................................................................................................................HB 262 Local Government Authorities Registration Act; provide for immunity ................SB 221 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................................SB 381 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ..................................................................................................HB 1052 Municipalities; law enforcement contracts; population brackets and census; change provisions .....................................................................................H..B 1026 Sales and Use Tax; educational purposes; only distributed on basis of full-time equivalent student counts........................................................................H..R 1150 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Water and Sewage Systems; prohibit municipal corporations from requiring certain persons; to use the sewage system maintained by municipal corporation..............................................................................................SB 524 INDEX 4881 COUNTY BOARDS OF HEALTH Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 COURTS 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 American Laws for Georgia Courts Act; no court shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution...................... SB 51 Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 Civil Practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers .........H..B 1048 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Corporations; property held by congregations and religious societies; revise provisions ..................................................................................................... SB 280 Courts; clerks shall provide for the scanning and electronic retention of wills; create a registry of powers of attorney executed by elder persons................SB 260 Courts; eligibility requirements; probate court clerks; modify provisions..............HB 534 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 Courts; require marshals to notify protected persons upon the service of certain protective orders ........................................................................................... SB 52 Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 Crime Stopper Award Funds; establish; provide awards for information leading to the detection or apprehension of criminal perpetrators ..........................SB 213 Elections; add 1 percent judicial qualifying fee to fund the Commission; provide .....................................................................................................................HB 262 Employees' Retirement System of Georgia; transfer service credit; provide .....................................................................................................................HB 542 Georgia Innocence Inquiry Commission; create; provide a purpose; define certain terms; membership and appointment................................................SB 290 Georgia Sheriffs' Cooperative Authority; create .....................................................SB 411 Georgia Tax Tribunal; create...................................................................................HB 100 Judicial Circuits; assistant district attorney for certain populations; repeal office .......................................................................................................................HB 929 Judicial Circuits; superior court judge for certain populations; repeal supplemental expense allowance.............................................................................HB 930 Juries; certain persons ineligible to serve as trial or grand jurors; clarify...............HB 763 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 4882 INDEX Juvenile Court; exclusive jurisdiction of superior court; change provisions; certain offenses .....................................................................................SB 224 Juvenile Court; rehearing an order of associate juvenile court judge; delete provision.......................................................................................................HB 272 Juvenile Justice, Department of; revise restrictions; possessions of contraband at juvenile detention centers ................................................................ SB 366 Juvenile Justice, Department of; provide for parole of children committed for commission of designated felony acts; certain circumstances...........................................................................................................SB 105 Juvenile Proceedings; clarify the definition of the term "designated felony"; increase the maximum detention period for children adjudicated for delinquent acts................................................................................................... SB 341 Juvenile Proceedings; maintenance of forensic samples from abortions performed on children under 16 years of age ..........................................................SB 165 Juvenile Proceedings; revise provisions ................................................................. SB 127 Magistrates; termination under certain circumstances; provide ..............................HB 149 Municipalities; law enforcement contracts; population brackets and census; change provisions .....................................................................................H..B 1026 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 Real Estate Professionals; provisions ..................................................................... SB 365 Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions..............................................................................................SB 137 Rockdale County; Chief Magistrate; provide election ............................................HB 586 Sheriffs; how vacancies are filled; change provisions ............................................HB 991 Southern Judicial Circuit; director of pretrial release program and other staff members make arrests and certain other powers; provide ............................H..B 1304 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Superior Courts; increase penalties that can be imposed for contempt of court .........................................................................................................................SB 107 Superior Courts; provide additional judge of the Bell-Forsyth and Piedmont Judicial Circuits; initial appointment; election and term of office ........................................................................................................................SB 356 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Superior Court Clerks; real estate or personal property filing fees; remove sunset date................................................................................................................HB 198 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 INDEX 4883 Traffic laws; violations; additional penalty to be assessed for driver education purposes; extend expiration date.............................................................HB 871 Traffic Offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ...................................................................................................HB 827 COWETA COUNTY Coweta County; Board of Commissioners; revise districts....................................HB 690 Coweta County; Board of Education; change description of districts ....................HB 694 Western Area Regional Radio System Authority; remove City of Douglasville and add Coweta County as a member ..............................................H..B 1256 CRAWFORD COUNTY Crawford County; Board of Commissioners; revise districts.................................HB 959 Crawford County; Board of Education; change description of districts .................HB 958 CREDIT CARDS AND CREDIT CARD BANKS Income Tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..................HB 965 CRIMES AGAINST THE PERSON Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ................................................................. SB 316 College and University Special District Act of 2011 ............................................... SB 53 Crimes and Offenses; increase the punishment for aggravated assault upon a nurse while engaged in his or her official duties ........................................ SB 465 Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .....................................................................HB 1114 Juvenile Proceedings; revise provisions ................................................................. SB 127 Stalking; family violence order; define ..................................................................HB 342 CRIMES AND OFFENSES (CRIMINAL CODE) 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 Abortion; criminal abortion; change certain provisions ..........................................HB 954 Alcoholic Beverages; businesses where beverages are consumed with repeated incidents of violent conduct; impose penalties .......................................... SB 45 Chase's Law; Schedule I and V controlled substance; "dangerous drug"; provisions.................................................................................................................SB 370 College and University Special District Act of 2011 ............................................... SB 53 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Controlled Substances; additional Schedule I substances; provide.........................HB 199 4884 INDEX Controlled Substances; authorize the use of remote automated medication systems; definitions; requirements ..........................................................................SB 180 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition ....................................................................... SB 378 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crime; criminal damage to property in the second degree; include security cameras...................................................................................................... SB 263 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances..............................SB 181 Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale or possession of knife than general law...............................................................................................................SB 432 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 Crimes and Offenses; increase the punishment for aggravated assault upon a nurse while engaged in his or her official duties ........................................ SB 465 Crimes and Offenses; new crime of false lien statements against public officers; provide......................................................................................................HB 997 Crimes and Offenses; prohibit intimidation of law enforcement officers in retaliation for officer's actions of carrying out official duties ................................HB 541 Crimes and Offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions ........................................H..B 1093 Criminal Offenses; provide for new offense of transmitting a false report; penalties ...................................................................................................................SB 225 Drivers' Licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................................HB 215 Elections; provide circulators of petitions shall be required to verify the identity of persons signing the petition................................................................... SB 377 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 Evidence; privileges; change provisions ................................................................HB 711 Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances ..................................................................... SB 493 Firearms; carrying and possession; definitions; penalties; issuance and qualifications for firearms licenses; provisions .......................................................SB 102 Firearms; prohibit any additional limitations on carrying firearms during states of emergency................................................................................................... SB 26 Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions ............................................... SB 98 Forfeiture Proceedings; interest of an innocent owner; change certain provisions.................................................................................................................SB 230 Georgia Public Works and Contractor Protection Act; enact; redefine a certain term; clarify provisions................................................................................... SB 3 INDEX 4885 Guardian and Ward; criminal background checks for persons seeking to become a guardian; provide.....................................................................................HB 850 Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .....................................................................HB 1114 Hunting; authorize the use of silencers on hunting firearms under certain circumstances...........................................................................................................SB 301 Joint Human Trafficking Study Commission; create ............................................H..R 1151 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 Juvenile Justice Department; revise restrictions; possessions of contraband at juvenile detention centers ................................................................ SB 366 Juvenile Proceedings; revise provisions ................................................................. SB 127 Labor; provide provisions prohibiting mass picketing shall apply to certain private residences.........................................................................................SB 469 License Plates; require a sworn statement by an applicant for a tag renewal...................................................................................................................... SB 59 Metals Accountability in Disposal (MAD) Act; provide that only licensed funeral directors and certain persons may sell burial objects as scrap metal ........................................................................................................................SB 311 Motor Vehicles; driving under the influence; change the age of a child constituting child endangerment; penalties .............................................................. SB 44 Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ..........................SB 441 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Pain-Capable Unborn Child Protection Act; enact; regulate the performance of abortions.........................................................................................SB 209 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 Property; security deeds; foreclosures; transfer; Georgia Residential Mortgage Fraud and Foreclosure Fraud Act; provisions........................................ SB 123 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 Residential Mortgage Fraud; mortgage lending process; revise definition.............HB 237 Rules of the Road; change the inference for identifying driver in cases involving traffic-control signal monitoring devices ................................................. SB 60 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ................................HB 895 Stalking; family violence order; define ..................................................................HB 342 4886 INDEX State Government; prohibit policies by local governments that limit or restrict the enforcement of immigration laws; definitions ..................................... SB 104 Theft; definitions; provide for the offense of organized retail crime; penalties ...................................................................................................................SB 243 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 Watercraft Operation; 0.08 alcohol concentration; violation; provide....................HB 315 CRIMINAL PROCEDURE 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 Bonds; release unclaimed bonds one year after surety released; provide ...............HB 372 Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ................................................................. SB 316 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 Criminal Procedure; death penalty; repeal the imposition in this state ...................SB 342 Criminal Procedure; prohibit the imposition of the death penalty under certain circumstances...............................................................................................SB 442 Criminal Procedure; provide convicted person sentenced to probation shall have probated sentence demarcated on driver's license for length of sentence....................................................................................................................SB 461 Criminal Procedure; provide that a defendant must be found mentally retarded by a preponderance of the evidence .........................................................SB 443 Criminal Procedure; search warrants by video conference; what portion of video maintained; clarify.....................................................................................HB 196 Criminal Proceedings; provide for consideration of victim's impact statement; following a plea of insanity and mental incompetency..........................SB 256 Drivers' Licenses; felony offense demarcated on license; provisions ......................HB 91 Evidence; extend the attorney-client privilege to third persons under certain circumstances................................................................................................ SB 31 Georgia Innocence Inquiry Commission; create; provide a purpose; define certain terms; membership and appointment................................................SB 290 Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions................................HB 940 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 INDEX 4887 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 Searches with Warrants; issuance of search warrants by judicial officers; provisions.................................................................................................................SB 229 Sentence and Punishment; sentencing of defendants guilty of crimes involving bias or prejudice, circumstances and parole; repeal certain provisions.................................................................................................................SB 228 CRISP COUNTY Crisp County; Board of Commissioners; change description of districts .............H..B 1293 CRUELTY TO CHILDREN Guardian and Ward; criminal background checks for persons seeking to become a guardian; provide.....................................................................................HB 850 D DADE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Korean War Veterans Memorial Highway; Dade County; dedicate .....................S..R 1071 Lance Corporal William Taylor Richards Memorial Highway; Dade County; dedicate ................................................................................................... SR 1072 State Highway System; dedicate certain portions .................................................H..R 1177 DALTON, CITY OF Dalton-Whitfield County Charter and Consolidation Commission; referendum results; change certain provisions ........................................................SB 433 DAWSON, CITY OF Dawson, City of; change the terms of the mayor and city council members...................................................................................................................SB 507 DAWSONVILLE, CITY OF Dawsonville Airport Authority Act; enact ..............................................................HB 453 DEBTOR AND CREDITOR Banking and Finance; credit exposure as a counterparty in derivative transactions; limit certain obligations.....................................................................HB 886 4888 INDEX Garnishment Proceedings; extend the effective period of a continuing garnishment............................................................................................................... SB 11 Garnishment Proceedings; filing of certain answers may be done by authorized officers or employees; provisions..........................................................HB 683 Small Business Borrower Protection Act; enact; provide recovery limits for debt obligations by successor creditors..............................................................SB 448 Uniform Fraudulent Transfers Act; define certain terms; provide charitable contribution made to a charitable contribution; good faith ....................SB 299 DECATUR COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Decatur County Board of Commissioners; change the description of commissioner districts .............................................................................................SB 388 Decatur County Board of Education; change the description of the education districts ................................................................................................... SB 389 DECATUR, CITY OF Decatur, City of; Board of Education; change description of districts...................HB 842 Decatur, City of; change corporate limits of city ..................................................H..B 1219 DEEDS AND OTHER INSTRUMENTS; RECORDATION AND REGISTRATION Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 DEKALB COUNTY Brookhaven, City of; provide a charter ..................................................................HB 636 DeKalb County; Board of Commissioners; change description of districts .........H..B 1222 DeKalb County; Board of Education; change description of districts ..................H..B 1290 DeKalb County; Board of Education; provide for certain terms of office ............H..B 1289 DeKalb County; Board of Education; revise the composition; districts for the election of members; provide definitions and inclusions ................................. SB 437 DeKalb County; Board of Education; revise the composition; nonpartisan election.....................................................................................................................SB 226 DeKalb County; change the description of commissioner districts ........................SB 518 DeKalb County; City of Doraville; filling of vacancies in offices of mayor and councilmember; provide .....................................................................HB 1019 DeKalb County; levy an excise tax ......................................................................HB 1113 DeKalb County; nonbinding, advisory referendum by electors to ascertain if schools should place or operate a telecommunication tower on school property; provide ........................................................................................H..B 1299 DeKalb County; recorder's court payment of costs in such court; provide...........H..B 1230 INDEX 4889 DeKalb County; School System provide code of ethics; definitions; prohibited practices................................................................................................... SB 84 DeKalb County; State Court change certain fees ..................................................H..B 1025 Martin Luther King, Jr., Parkway; DeKalb County; dedicate ................................ SR 667 State Highway System; dedicate certain portions .................................................H..R 1177 DENTISTS AND DENTAL HYGIENISTS Dentistry; provide waivers of certain continuing education requirements............... SB 24 Georgia Volunteers in Dentistry and Dental Hygiene Act; provide for special licenses for dentists and dental hygienists licensed in other jurisdictions..............................................................................................................SB 338 Health; disclosures regarding the materials used in making dental prosthetics and other dental appliances; definitions; sanctions ...............................SB 375 DEVELOPMENT AUTHORITIES LAW Bonds; certain validation hearing appearance provisions; provide.........................HB 844 Development Authorities Law; include facilities owned by public or private entity; amend definition...............................................................................HB 475 Local Government; conduct of directors of local development authorities; modify provisions ................................................................................................... SB 258 DISABLED PERSONS; ADULTS AND ELDER PERSONS Courts; clerks shall provide for the scanning and electronic retention of wills; create a registry of powers of attorney executed by elder persons................SB 260 Disabled Persons; accompanied by guide or service dog.........................................HB 52 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 DISEASES AND METABOLIC DISORDERS; HAZARDOUS CONDITIONS Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 DISTILLED SPIRITS Alcoholic Beverages; tax payment and reporting by licensees; change certain provisions..................................................................................................HB 1065 Distilled Spirits; free tastings on premises; authorize .............................................HB 514 Distilled Spirits; provide for issuance of a manufacturer's or distiller's license to a fruit grower; certain circumstances ......................................................SB 114 Distilled Spirits; repeal the limitation on the number of retail dealer licenses which a person may possess ..................................................................... SB 539 4890 INDEX DOCTORS OF THE DAY Allan, Dr. Kathy....................................................................................................Page 147 Bohlke, Dr. W. Scott...........................................................................................P...a.g. e 1341 Carhee, Dr. Chantaye..........................................................................................P...a.g..e 1010 Carhee, Dr. Winston ...........................................................................................P...a.g. e 1010 Cobb, Dr. D. Keith..............................................................................................P..age 1561 Cook, Dr. Nancy H. ............................................................................................P...a.ge 2048 Dalal, Dr. Snehal C. ............................................................................................P...a.ge 2857 Day, Dr. Zenobia ....................................................................................................Page 73 DeLoach, Dr. Dan ...................................................................................................Page 64 Flom, Dr. Gary......................................................................................................Page 429 Foulkes, Dr. Guy.................................................................................................Page 2280 Galante, Dr. Angelo ..............................................................................................P..age 245 Guy, Dr. Daniel K...............................................................................................P..age 1030 Hagues, Dr. Michael ..............................................................................................P..age 48 Heath, Dr. Diane ..................................................................................................Page 102 Holbrook, Dr. Stephen ..........................................................................................P...a.g..e 203 Holton, Dr. Benjamin R........................................................................................P...a.g..e...153 Johnson, Dr. Mark W. ........................................................................................P...a.g..e.. 2194 Kaufmann, Dr. Robert ............................................................................................P...a.ge 16 Khoury, Dr. Aysha H..............................................................................................P...age 67 King, Dr. Peter A. ...............................................................................................P. age 1235 Krishnan, Dr. Indran .............................................................................................P...age 334 Leyimu, Dr. Bidemi ............................................................................................P...a.ge 2019 McCluskey, Dr. Leland.......................................................................................P...a.g..e...1061 Moore-Ruffin, Dr. Jada.........................................................................................P...a.g..e. 288 Morgan, Dr. Elizabeth ..........................................................................................P...a.g..e 269 Muller, Dr. Steven A.................................................................................Pages 252, 3277 Munna, Dr. Rana K...............................................................................................P..age 224 Olson, Dr. Maureen ..............................................................................................P..age 173 Osborne, Dr. William R., Jr. .................................................................................P...a.g..e...4..46 Pea, Dr. Guillermo ..............................................................................................P..age 308 Pickens, Dr. Frank ..................................................................................................Page 78 Reed, Dr. Sandra B. .............................................................................................P...age2099 Rogers, Dr. John J.................................................................................................Page 471 Schaufler, Dr. Margaret D. ...................................................................................P...a.g..e...5..11 Schiff, Dr. Patty ....................................................................................................Page 361 Silcox, Dr. Hal, III ..............................................................................................P..age 1159 Sumner, Dr. Jean.................................................................................................Page 2019 Terris, Dr. Martha ...............................................................................................P. age 4010 Thompson, Dr. Byron ...........................................................................................P...a.g. e 120 Wilmer, Dr. Charles I. ........................................................................................P...a.g..e.. 2961 INDEX 4891 DODGE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Dodge County; Board of Education officers receive compensation; provide .....................................................................................................................HB 561 Dodge County; Board of Education; change description of districts ......................HB 885 Dodge County-Eastman Development Authority; provide for membership............................................................................................................H..B 1251 Heart of Georgia Regional Airport Authority; change method of appointing members ..............................................................................................H..B 1252 DOGS Dogs; dangerous and vicious; revise provisions......................................................HB 685 DOMESTIC RELATIONS 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 Adoption; allow court to consider living arrangements; prospective adoptive single parent; petition for adoption...........................................................SB 247 Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception......................................................SB 355 Family Violence; holdover provisions for appointees; add....................................HB 733 Juvenile Proceedings; revise provisions ................................................................. SB 127 Parent and Child; grandparent visitation rights; modify provisions......................H..B 1198 DORAVILLE, CITY OF DeKalb County; City of Doraville; filling of vacancies in offices of mayor and councilmember; provide .....................................................................HB 1019 Doraville, City of; change the corporate limits .......................................................SB 532 DOUGHERTY COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 DOUGLAS COUNTY Douglas County; Board of Commissioners; reapportion districts...........................HB 813 Douglas County; Board of Education; change description of districts ...................HB 812 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 4892 INDEX DOUGLASVILLE, CITY OF Douglasville, City of; change description of election districts..............................H..B 1264 Western Area Regional Radio System Authority; remove City of Douglasville and add Coweta County as a member ..............................................H..B 1256 DRIVERS LICENSES (ALSO SEE MOTOR VEHICLES AND TRAFFIC) Criminal Procedure; provide convicted person sentenced to probation shall have probated sentence demarcated on driver's license for length of sentence....................................................................................................................SB 461 Driver Services; provision of radio frequency identification tags with drivers' licenses or identification cards....................................................................... SB 5 Drivers' Licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................................HB 215 Drivers' Licenses; felony offense demarcated on license; provisions ......................HB 91 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 Drivers' Licenses; provide for the issuance of temporary license, permit; noncitizen upon the presentation of certain documentation ................................... SB 511 Drivers' Licenses; provide persons applying for Class M licenses shall complete a motorcycle safety training course .........................................................SB 275 Drivers' Licenses; repeal code section 40-5-38; diagnosis of post traumatic stress disorder ..........................................................................................SB 212 Education; provide parent or guardian participation component in drug and alcohol course; person under 18 years of age ...................................................SB 120 Elections; provide for online voter registration; conditions and requirements ............................................................................................................SB 325 Georgia Motor Common and Contract Carrier Act of 2012; enact.........................HB 865 Interstate Compact on Educational Opportunity for Military Children; provide for purpose and policy................................................................................SB 227 License Plates; require a sworn statement by an applicant for a tag renewal...................................................................................................................... SB 59 License Plates; require a sworn statement by an applicant for a tag renewal.....................................................................................................................SB 138 Rules of the Road; change the inference for identifying driver in cases involving traffic-control signal monitoring devices ................................................. SB 60 State Government; open meetings and records; revise provisions ..........................HB 397 DRIVING UNDER THE INFLUENCE, DUI Watercraft Operation; 0.08 alcohol concentration; violation; provide....................HB 315 DULUTH, CITY OF Duluth, City of; change corporate limits of city....................................................H..B 1204 INDEX 4893 E EARLY COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 State Highway System; dedicate certain portions .................................................H..R 1177 EASTMAN, CITY OF Dodge County-Eastman Development Authority; provide for membership............................................................................................................H..B 1251 Heart of Georgia Regional Airport Authority; change method of appointing members ..............................................................................................H..B 1252 EATONTON, CITY OF Eatonton-Putnam Water and Sewer Authority; composition; change certain provisions .................................................................................................HB 1255 ECHOLS COUNTY Echols County; Board of Commissioners; provide for elections and terms of office..................................................................................................................H..B 1215 ECONOMIC DEVELOPMENT, DEPARTMENT OF Georgia Africa Partnership Project Act; create the Africa Partnership Division; provide personnel, operation, and powers and duties..............................SB 398 EDUCATION "Interstate Compact on Educational Opportunity for Military Children"; adopt; provide for purpose and policy of said impact .............................................SB 219 "Interstate Compact on Educational Opportunity for Military Children"; provide for purpose and policy................................................................................SB 227 Alcoholic Beverages; prohibit sales within a certain distance of a church building ....................................................................................................................SB 124 Board of Education; no person shall serve as member unless he or she has completed some postsecondary education................................................................ SB 85 Board of Regents; provide multiyear lease agreements ..........................................SB 220 Career and Technical Education Advisory Commission; meetings; change certain provisions ........................................................................................HB 130 Charter Schools; provide certain provisions relating to reprimand of teachers may not be waived pursuant to a charter ...................................................SB 207 Charter System Earnings; full-time equivalent student; repeal ...............................HB 651 County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section ......................................................................................................................SB 412 4894 INDEX Courts; juvenile proceedings; substantially revise provisions................................HB 641 DeKalb County School System; provide a code of ethics; definitions; prohibited practices................................................................................................... SB 84 Disabled Persons; accompanied by guide or service dog.........................................HB 52 Early Care and Education Programs; influenza vaccine; provide information ..............................................................................................................HB 845 Education; authority for the State School Superintendent to employ and dismiss employees .................................................................................................... SB 38 Education; authorize public school students in charter schools and virtual schools to participate in extracurricular activities at resident schools ..................... SB 34 Education; authorize qualified nonprofit preschool programs which serve disabled children to participate in student scholarship programs............................SB 439 Education; capital outlay funds replace exceptional growth program; broaden eligibility for low-wealth capital outlay grants..........................................HB 760 Education; care of students with diabetes in school; provide.................................HB 879 Education; change the ages of mandatory education ............................................... SB 43 Education; clarify the authority of the state to establish state-wide education policy...................................................................................................... SR 853 Education; dating violence; provide for a curriculum; require the adoption of a policy against dating violence ............................................................ SB 46 Education; delete and clarify provisions ................................................................HB 706 Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Education; Georgia's Pre-K Program; change the funding source; provide for student enrollment counts for children ..............................................................SB 291 Education; home study programs; declaration of intent and attendance records sent to Department of Education; provide ...................................................HB 39 Education; maximize the number of students taking at least one course containing online learning prior to graduation ........................................................SB 289 Education; permit proprietary institutions of higher education to participate in establishing college and career academies ....................................... SB 308 Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and school systems ................................................................................................. SB 410 Education; provide authorization to operate by means of accreditation for nonpublic postsecondary institutions; certain requirements................................... SB 478 Education; provide for an election to dissolve an independent school system in the event that it becomes financially insolvent ...................................... SB 399 Education; provide for certain notices for disciplinary or evaluation proceedings or conferences .....................................................................................SB 491 Education; provide for development of category-level expenditure controls for staff development funds ...................................................................... SB 404 INDEX 4895 Education; provide month for determining eligibility ages; participation in educational programs shall be December............................................................SB 241 Education; provide parent or guardian participation component in drug and alcohol course; person under 18 years of age ...................................................SB 120 Education; provide students at Georgia Military College; eligible for HOPE grants ............................................................................................................SB 194 Education; public high schools shall provide students, parents, and guardians option; not releasing personal information to military recruiters ...........SB 255 Education; raise age of mandatory education; adult literacy for purposes of conformity; revise provisions............................................................................... SB 49 Education; raise the age of mandatory education from 16 to 17; provisions.................................................................................................................. SB 14 Education; rename to Georgia Educational Freedom Act; expand eligibility for the program; revise requirements relating to qualifications for scholarship .......................................................................................................... SB 87 Education; repeal article relating to Georgia Charter Schools Commission; establish Georgia Charter Schools Advisory Commission; membership..............................................................................................................SB 501 Education; revise the age of mandatory education; provide a waiver.....................SB 208 Education; school health nurse programs; revise provisions ................................. SB 183 Education; school health nurse programs; revise provisions ................................. SB 403 Education; temporarily extend multiple provisions ................................................HB 172 Education; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require.................H..B 1178 Education; termination or suspension of a contract of employment; revise provisions; provide requirements for furlough days ...............................................SB 153 Education; time frame relative to hearings before administrative law judges; eliminate .....................................................................................................HB 825 Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions..........................................................................................SB 119 Educational Professionals; reduce salary if test scores were falsified; provide .....................................................................................................................HB 692 Educational Programs; use of standards base grading in grades 4 through 12; prohibit...............................................................................................................SB 364 Elections; valid student identification card with photograph to vote; provide .....................................................................................................................HB 707 Firearms; carrying and possession; definitions; penalties; issuance and qualifications for firearms licenses; provisions .......................................................SB 102 Food Sales and Service Establishments; revise definitions; exempt certain activities ...................................................................................................................HB 681 General Assembly; authorize to provide limitations by general law; amount of tuition; lottery funded scholarships; Technical College System of Georgia ...............................................................................................................SR 345 4896 INDEX General Assembly; state-wide education policy; clarify authority .......................H..R 1162 Georgia Charter Schools Commission; repeal an article; provide for establishment of State Charter Schools Commission ..............................................HB 797 Georgia Higher Education Facilities Authority; increase the amount of bonding authority.................................................................................................... SB 302 Georgia Student Extracurricular Partnership Act; allow public school students living in attendance zone participate in extracurricular activities.............. SB 55 Herty Advanced Materials Development Center; change provision; rename and transfer governance to Board of Regents ............................................SB 396 HOPE Grants; eliminate the minimum grade point average requirement for maintaining eligibility for a HOPE grant...........................................................SB 335 HOPE Scholarship; revise the definition of the term "Zell Miller Scholar" ...........SB 334 HOPE Scholarships; add a maximum annual household income requirement for purposes of eligibility ................................................................... SB 336 HOPE Scholarships; add a maximum annual household income requirement for purposes of eligibility ................................................................... SB 423 HOPE Scholarships; home study students; minimum SAT or ACT score for purposes of eligibility; revise requirements.......................................................SB 451 HOPE Scholarships; provide lottery proceeds appropriated proportionally by the regions; definition .........................................................................................SB 420 HOPE Scholarships; provide students receiving scholarships who require remedial classes shall not be enrolled in research universities; Georgia Lottery Corporation Legislative Oversight Committee...........................................SB 131 HOPE Scholarships; revise the definition of a Zell Miller Scholar ........................SB 422 HOPE; limit the number of Zell Miller Scholars at eligible public postsecondary institutions........................................................................................SB 419 HOPE; provide that the Georgia Student Finance Commission shall establish amount awarded each year ...................................................................... SB 235 Jace Hester Law; emergency closure of an early care and education program upon death of a minor ...............................................................................SB 406 Local Boards of Education; members; suspension and removal; revise provisions.................................................................................................................SB 452 Local Government; approval of bonded debt by election; population brackets and the census; change certain provisions ..............................................H..B 1117 Nonpublic Postsecondary Educational Institutions Act of 1990; operate by means of accreditation; provide authorization....................................................HB 792 Nurses; approved nursing education programs; revise definitions..........................HB 675 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Parent Trigger Act; enact; petitions from parents for interventions for low-achieving schools .............................................................................................. SB 68 Professional Learning Rules Task Force; establish.................................................HR 489 INDEX 4897 Quality Basic Education Act; calculating equalization grants; revise method .....................................................................................................................HB 824 Quality Basic Education Act; career and college readiness initiatives; delay implementation...............................................................................................HB 713 Quality Basic Education Act; provide various additional academic and extracurricular options for students; Online Clearinghouse Act; enact...................HB 175 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Sales and Use Tax; distribution for educational purposes; change certain provisions.................................................................................................................HB 896 Sales and Use Tax; educational purposes; only distributed on basis of full-time equivalent student counts........................................................................H..R 1150 Sales and Use Tax; educational purposes; proceeds ...............................................SR 738 Special Needs Scholarship Program; provide additional notification; waiver one requirement; provisions .......................................................................HB 181 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Student Achievement Office of; private college submit confidential student data to Department of Education shall not be liable for breach..................SB 405 Teachers; expungement of records; revise provisions.............................................HB 173 Teachers; provide for improvement and retention; establish task force to review professional learning requirements..............................................................SB 184 The Teach Freedom Act; enact; modify requirements for instruction in U.S. history, American government and civics, economics, and social studies ......................................................................................................................SB 426 University System of Georgia; Board of Regents establish process; granting veterans academic credit; previous instruction while in military..............SB 328 University System of Georgia; Board of Regents establish process; veterans receiving educational benefits .................................................................. SB 327 EFFINGHAM COUNTY Effingham County; Board of Commissioners of Roads and Revenues; revise powers and duties of chairperson................................................................HB 1257 Effingham County; Board of Education; correct dates of certain elections............HB 700 ELECTIONS Alternative Homestead Option Sales and Use Tax Act; enact ................................SB 496 Education; provide for an election to dissolve an independent school system in the event that it becomes financially insolvent ...................................... SB 399 Election; district attorneys, solicitors-general, sheriffs; provide for nonpartisan election; qualifying ............................................................................... SB 69 Elections; add 1 percent judicial qualifying fee to fund the Commission; provide .....................................................................................................................HB 262 4898 INDEX Elections; adjust dates for certain elections to be held 2012; dates for qualifying for elections ............................................................................................SB 109 Elections; clerks of superior court; provide for nonpartisan election....................... SB 73 Elections; county commissioners; nonpartisan election; qualifying ........................ SB 75 Elections; definitions; cover all disabilities in providing assistance in voting .......................................................................................................................SB 198 Elections; district attorneys; provide for nonpartisan election ................................. SB 72 Elections; nonpartisan elections; consolidated governments; shall be held in conjunction with November general election......................................................SB 298 Elections; nonpartisan elections; members of consolidated governments considered county elections; provide .....................................................................HB 776 Elections; poll officers; provide for the Student Teen Election Participant program....................................................................................................................SB 101 Elections; provide all offices in this state shall be elected on a partisan basis; exceptions; referendums and procedures.......................................................SB 457 Elections; provide circulators of petitions shall be required to verify the identity of persons signing the petition................................................................... SB 377 Elections; provide elected municipal court judges shall be elected on a nonpartisan basis..................................................................................................... SB 487 Elections; provide for dates of nonpartisan elections; minimum number of members for local boards of election ................................................................... SB 92 Elections; provide for election day voter registration and voting; procedures and methods ..........................................................................................SB 326 Elections; provide for online voter registration; conditions and requirements ............................................................................................................SB 325 Elections; revise disclosure requirements for lobbyists ..........................................SB 285 Elections; selection and qualification of candidates and presidential electors; provisions .................................................................................................HB 725 Elections; sheriffs; provide for nonpartisan elections; qualifying............................ SB 74 Elections; solicitors-general; provide for nonpartisan election ................................ SB 71 Elections; tax receivers, collectors, and commissioners; nonpartisan election...................................................................................................................... SB 70 Elections; valid student identification card with photograph to vote; provide .....................................................................................................................HB 707 Ethics; limit the amount of funds; transferred from one candidate's campaign account to certain other accounts ............................................................SB 248 Ethics; rename to State Accountability Commission; campaign contributions; change provisions; revise "Ethics in Government Act" ...................SB 391 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 Primaries and Elections; dates of nonpartisan elections; provide ...........................HB 899 INDEX 4899 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 ELECTRIC UTILITIES AND ELECTRICAL SERVICE Electric Utilities; consumers may elect not to use smart meters; Public Service Commission may create and regulate a surcharge for consumers who elect not to use smart meters............................................................................SB 459 Energy Purchase; amount of energy provider is required to purchase from generator; change....................................................................................................HB 520 The Georgia Cogeneration and Distributed Generation Act of 2001; change provisions; provide declaration of policy....................................................SB 401 ELECTRICAL CONTRACTORS, PLUMBERS, CONDITIONED AIR CONTRACTORS, LOW-VOLTAGE CONTRACTORS, AND UTILITY CONTRACTORS Contractors; State Licensing Board for Residential and General Contractors; change certain duties...........................................................................SB 106 EMANUEL COUNTY Emanuel County; Board of Commissioners; change description of districts.....................................................................................................................HB 840 Emanuel County; Board of Education; change description of districts ..................HB 841 EMERGENCY MANAGEMENT ACT State Government; open meetings and records; revise provisions ..........................HB 397 Workers' Compensation; parties to franchise agreement not considered employees; provide .................................................................................................HB 548 EMERGENCY MEDICAL SERVICES Firefighter Standards and Training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ............................................................................................................HB 247 Georgia Trauma Care Network Commission; report annually; House and Senate Committees on Health and Human Services; outcomes ..............................SB 489 EMERSON, CITY OF City of Emerson Community Improvement Districts Act; enact ..........................H..B 1097 EMPLOYMENT Education; termination or suspension of a contract of employment; revise provisions; provide requirements for furlough days ...............................................SB 153 4900 INDEX EMPLOYMENT SECURITY Dignity for the Unemployed Act; require volunteer service hours; nonprofit organization; applicants for unemployment benefits...............................SB 294 Employment Security; any such benefit shall be reduced by a benefit received from a public retirement system................................................................SB 167 Employment Security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio.........................................................................................HB 347 Employment Security; provide that benefits shall not be paid to noncitizens who are not employed legally ............................................................... SB 65 Employment Security; unemployment compensation; provision; change the amount of taxable wages; determination of weekly benefit amount; provision ..................................................................................................................SB 447 Georgia Back to Work Program Act; allow eligible participants receiving unemployment insurance benefits to receive workplace training ...........................SB 536 State-wide Reserve Ratio; extend suspension of adjustments; provide for increase in the overall rate .......................................................................................SB 151 Unemployment Benefits; individual receiving shall not be ineligible for benefits during first two consecutive weeks of full-time employment ...................SB 297 ENERGY State Agencies; guaranteed energy savings performance contracts; change certain provisions ........................................................................................HB 934 ENVIRONMENTAL FACILITIES AUTHORITY Water Resources; cooperative efforts for abatement of pollution, order of director, request for hearing; provisions................................................................. SB 269 EQUITY Georgia Taxpayer Protection False Claims Act; enact............................................HB 822 ESTATES Estates; provide for a tenancy in the entirety; exceptions ........................................ SB 28 Uniform Partition of Heirs Property Act; enact.......................................................HB 744 ETHICS IN GOVERNMENT Elections; revise disclosure requirements for lobbyists ..........................................SB 285 Ethics; limit the amount of funds; transferred from one candidate's campaign account to certain other accounts ............................................................SB 248 Ethics; rename to State Accountability Commission; campaign contributions; change provision; revise "Ethics in Government Act" ....................SB 391 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 INDEX 4901 General Assembly; authorize to provide a fixed sum for funding the Georgia Ethics Commission ....................................................................................SR 739 EVANS COUNTY Evans County; Board of Commissioners; change description of districts ............H..B 1020 Evans County; Board of Education; change description of districts.....................H..B 1021 EVIDENCE Evidence; extend the attorney-client privilege to third persons under certain circumstances................................................................................................ SB 31 Evidence; privileges; change provisions ................................................................HB 711 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Uniform Interstate Depositions and Discovery Act; enact.......................................HB 46 Uniform Partition of Heirs Property Act; enact.......................................................HB 744 EXCISE TAX Excise Tax; certain tobacco products; change certain provisions .........................H..B 1071 EXECUTIONS AND JUDICIAL SALES Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 F FAMILY VIOLENCE Family Violence; holdover provisions for appointees; add....................................HB 733 FARMERS MUTUAL FIRE INSURANCE COMPANIES Insurance; domestic farmers' mutual fire insurance companies; provisions ...........SB 203 Insurance; state domestic farmers' mutual fire insurance companies; update provisions ....................................................................................................HB 931 FARMS AND FARM PRODUCTS Agriculture; provide immunity from civil liability for the agency designated to provide for seed certification.............................................................SB 390 Agriculture; repeal the "Georgia Treated Timber Products Act of 1973"...............SB 357 Vidalia Onion Trademark; royalty and license fee not exceed a certain amount; eliminate requirement ................................................................................HB 832 4902 INDEX FEDERAL GOVERNMENT Ad Valorem Taxation; motor vehicles; clarify application to be consistent with federal provisions ..........................................................................................H..B 1056 Local Government; approval of bonded debt by election; population brackets and the census; change certain provisions ..............................................H..B 1117 Revenue and Taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax ...........HB 729 FILMS, MOTION PICTURES, AND MOVIES Income Tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions..................................HB 1027 FINANCIAL INSTITUTIONS Banking and Finance; credit exposure as a counterparty in derivative transactions; limit certain obligations.....................................................................HB 886 Banks and Trust Companies; issuance of non-cash valued shares with approval; provide ....................................................................................................HB 945 Mortgage Lenders and Brokers; certain mortgage activities without a license; prohibit ......................................................................................................HB 946 FINES AND FORFEITURES Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 Crime Stopper Award Funds; establish; provide awards for information leading to the detection or apprehension of criminal perpetrators ..........................SB 213 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Traffic Laws; violations; additional penalty to be assessed for driver education purposes; extend expiration date.............................................................HB 871 Traffic Offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ...................................................................................................HB 827 FIRE PROTECTION AND SAFETY Fire Protection and Safety; buildings; transfer certain functions; Department of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner.................................................SB 446 Fire Protection and Safety; consolidate primary state fire protection and safety services within a single agency; establish Department of Fire Safety .......................................................................................................................SB 186 Firefighter Standards and Training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ............................................................................................................HB 247 INDEX 4903 Georgia Firefighters' Pension Fund; change amount of dues required ...................SB 456 Georgia Utility Facility Protection Act; revise the definition of the term "excavation".............................................................................................................SB 408 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 FIREWORKS General Assembly; provide by law; dedication of revenues collected from the sale of fireworks; funding trauma care and firefighter services ........................SR 845 FISH AND FISHING Fish and Fishing; include certain tilapia species as domestic fish; prohibit the use or sale of tilapia as live bait........................................................................ SB 360 Fish and Fishing; limit the number of commercial crabbing licenses issued .......................................................................................................................SB 464 Salt Water Fisheries Management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.................................................................................................................HB 869 FLOWERY BRANCH Flowery Branch, City of; establish corporate limits..............................................H..B 1122 FLOYD COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Floyd County; provide for nonpartisan elections ....................................................SB 533 FOOD STANDARDS, DRUGS, AND COSMETICS Controlled Substances; authorize the use of remote automated medication systems; definitions; requirements ..........................................................................SB 180 Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Food Sales and Service Establishments; revise definitions; exempt certain activities ...................................................................................................................HB 681 Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup.............................................................................................SB 300 Levy and Sale of Property; change the amount of certain exemptions ...................SB 117 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Pharmacists; electronic data prescription drug order; provide certain requirements for any electronic transmission mechanism...................................... SB 111 4904 INDEX Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions..................................................................................SB 380 Pharmacists and Pharmacies; electronic transmission mechanism; provide certain requirements................................................................................................ SB 417 Pharmacists and Pharmacies; revise definition of security paper .........................H..B 1069 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 Prescription Drugs; reference product license holder; immunity from liability; use of a biosimilar biological product.......................................................SB 488 Social Responsibility and Accountability Act; enact ..............................................HB 861 State Board of Pharmacy; prescription drugs by mail or other common carriers; provisions.................................................................................................. SB 346 FOREST RESOURCES Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 Herty Advanced Materials Development Center; change provision; rename and transfer governance to Board of Regents ............................................SB 396 FORGERY AND FRAUDULENT PRACTICES Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 FORT OGLETHORPE, CITY OF Roy Parrish Parkway; dedicate................................................................................SR 386 FRANKLIN COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Franklin County; Board of Commissioners; change description of districts...................................................................................................................H..B 1016 Franklin County; Board of Education; change description of districts .................H..B 1017 Franklin County; Board of Elections; stagger terms of members .........................H..B 1245 FULTON COUNTY Fulton County; Board of Commissioners; change the description of the commissioner districts; definitions; inclusions........................................................SB 359 Fulton County; Board of Education; change description of districts ......................HB 877 Fulton County; Board of Education; pensions and retirement; correct typographical errors ................................................................................................HB 398 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 INDEX 4905 State Highway System; dedicate certain portions .................................................H..R 1177 FUNERAL DIRECTORS AND EMBALMERS Disposition of Veterans' Cremated Remains Act; provide for a determination; deceased veteran; certain notifications............................................SB 372 G GAINESVILLE, CITY OF Gainesville, City of; Board of Education; revise districts ......................................HB 980 Gainesville, City of; provide new charter..............................................................H..B 1227 GAME AND FISH Fish and Fishing; include certain tilapia species as domestic fish; prohibit the use or sale of tilapia as live bait........................................................................ SB 360 Fish and Fishing; limit the number of commercial crabbing licenses issued .......................................................................................................................SB 464 Game and Fish; create a one-day salt-water shore fishing license ..........................SB 307 Hunting; authorize the use of silencers on hunting firearms under certain circumstances...........................................................................................................SB 301 Natural Resources, Department of; privacy of certain records and personal information; provide .................................................................................HB 875 Salt Water Fisheries Management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.................................................................................................................HB 869 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Taylor's Law; authorize issuance of special hunting privileges to persons with a terminal illness..............................................................................................SB 309 Wildlife Control Permits; provisions...................................................................... SB 206 GARDEN CITY, CITY OF Garden City, City of; ad valorem tax; municipal purposes; provide homestead exemption ............................................................................................H..B 1248 GARNISHMENT PROCEEDINGS Garnishment Proceedings; extend the effective period of a continuing garnishment............................................................................................................... SB 11 Garnishment Proceedings; filing of certain answers may be done by authorized officers or employees; provisions..........................................................HB 683 4906 INDEX GENERAL ASSEMBLY Adjournment; relative to........................................................................................H..R 1099 Adjournment; relative to........................................................................................H..R 1140 Adjournment; relative to........................................................................................H..R 1238 Adjournment; relative to........................................................................................H..R 1700 Adjournment; relative to........................................................................................H..R 1978 Citizens' Redistricting Commission; create; membership; duties ...........................SB 175 Education, Department of; ten-year projection of costs for bills to create a program or funding category having impact on revenues or expenditures; require ....................................................................................................................H..B 1178 General Appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 ...............HB 742 General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations................................................ SR 84 General Assembly; authorize to provide by law for pari-mutuel wagering on horse racing; net proceeds; educational purposes ............................................S..R 1025 General Assembly; authorized to provide by general law; dedication of revenue to any one or more state programs; enhance public safety and security.....................................................................................................................SR 704 General Assembly; fiscal notes for bills changing compensation; change provisions.................................................................................................................SB 429 General Assembly; members of Georgia Legislative Retirement System; provisions.................................................................................................................HB 183 General Assembly; state-wide education policy; clarify authority .......................H..R 1162 General Assembly Convened; notify Governor ......................................................SR 642 Georgia Ethics and Accountability Joint Study Committee; create ......................S..R 1068 Government Fiscal Responsibility Amendment; provide procedures, conditions, and limitations.....................................................................................S..R 1054 House convened; notify Senate .............................................................................H..R 1096 Joint Human Trafficking Study Commission; create ............................................H..R 1151 Joint Session; message from Chief Justice of the Supreme Court ........................H..R 1098 Joint Session; message from Governor ................................................................HR 1097 Retirement Bills; define a certain term...................................................................HB 293 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Senate Convened; notify House of Representatives................................................SR 643 State; no private property shall be alienated to any other state; exercise of state sovereignty or jurisdiction without consent of General Assembly .................. SB 62 State House Districts; boundaries of certain districts; revise .................................HB 829 State-Local Government Mandate Review; create joint study committee..............SR 265 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State Senate Districts; revise certain boundaries.....................................................SB 430 Supplemental Appropriations; State Fiscal Year July 1, 2011 - June 30, 2012 .........................................................................................................................HB 741 INDEX 4907 U.S. Congress; making renewed application to call for a convention; proposing an amendment to the Constitution of the United States .........................SR 673 Zero-Base Budgeting; application to the budget process; analysis of departmental and program objectives....................................................................... SB 33 GENERAL PROVISIONS, OCGA Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Holidays and Observances; change the date of Georgia Day................................. SB 500 Holidays and Observances; change the date of Georgia Day................................. SB 538 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 GEORGIA ATHLETIC AND ENTERTAINMENT COMMISSION Georgia Athletic and Entertainment Commission; revise definitions; require certain safety standards; Georgia Boxing Association................................. SB 78 GEORGIA AVIATION AUTHORITY Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 GEORGIA BUREAU OF INVESTIGATION (GBI) 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 DNA Analysis; provide for DNA analysis of persons arrested for felony offenses; time and procedure for withdrawal of blood samples; provisions ...........SB 449 Georgia Bureau of Investigation; provide conditions; convicted person may request criminal records be expunged; procedures; fee.................................. SB 144 Georgia Crime Information Center; inspection, purging, modifying, or supplemental criminal records; provisions ..............................................................SB 118 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ................................HB 895 GEORGIA HIGHER EDUCATION FACILITIES AUTHORITY ACT Georgia Higher Education Facilities Authority; increase the amount of bonding authority.................................................................................................... SB 302 4908 INDEX GEORGIA REGIONAL TRANSPORTATION AUTHORITY Georgia Regional Transportation Authority Act; amend provisions ......................SB 474 GILMER COUNTY Gilmer County; Board of Education; change description of districts .....................HB 803 GINGREY, U.S. CONGRESSMAN PHIL; addressed the Senate......................P...a.g..e...1. 52 GLASCOCK COUNTY Glascock County; Board of Education; revise districts.........................................H..B 1040 Glascock County; Probate Court provide elections; office of judge.......................SB 413 GLENNVILLE, CITY OF Glennville, City of; change corporate limits .........................................................H..B 1243 Brunswick-Glynn County Joint Water and Sewer Commission; immunity for commission and its officers, agents and employees; provide ..........................H..B 1271 Glynn County; Board of Commissioners; reapportion districts ..............................HB 758 Glynn County; Board of Education; provide description of districts......................HB 759 GORDON COUNTY Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 GOVERNOR Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond .............................................................................SB 367 Budget Act; zero-base budgeting; provide ...............................................................HB 33 Budgetary and Financial Affairs; automatic fee adjustment in certain cases; provide...........................................................................................................HB 811 Ethics; rename to State Accountability Commission; campaign contributions; change provision; revise "Ethics in Government Act" ....................SB 391 Georgia Government Accountability Act; enact .....................................................HB 456 Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review and evaluate state agencies' productivity, efficiency, and responsiveness ...........................................SB 223 Georgia Government Accountability Act; Legislative Sunset Advisory Subcommittee; authorize subcommittee to review; state agencies ............................ SB 2 Governor; authorized and directed to apply for a federal waiver; medical loss ratio requirements in Georgia............................................................................ SB 22 State Government; no state agency shall enter into a contract with private entity; provision of services; outside the geographical boundaries of the United States ............................................................................................................SB 320 INDEX 4909 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions.....................................................SB 362 Zero-Base Budgeting; application to the budget process; analysis of departmental and program objectives....................................................................... SB 33 GOVERNOR NATHAN DEAL Addressed the Senate ..........................................................................................P...a.g..e 4221 Appointments; boards and commissions; confirmation .....................................P...a.g..e...4..0..13 Appointments; boards and commissions; favorable report ................................Page 3275 Appointments; boards and commissions; received ............................................P...a.g..e...2..8..59 Appointments; boards and commissions; Secretary of the Senate transmit confirmation........................................................................................................P...a.g..e...4..7..31 Communication; appointed Miller Administration Floor Leader.............................P...age 2 Communication; Butterworth resignation.................................................................Page 2 Communication; Seabaugh resignation ....................................................................Page 5 General Assembly; Joint Session; State of the State address .................................Page 50 Writ of Special Election; District 28.........................................................................Page 5 Writ of Special Election; District 50.........................................................................Page 3 GOVERNOR'S EMPLOYMENT AND TRAINING COUNCIL Georgia Workforce Investment Board; revise provisions ......................................HB 897 GRADY COUNTY Grady County; Board of Commissioners; change description of districts ..............HB 847 Grady County; Board of Education; change description of districts.....................H..B 1018 GRANTS Quality Basic Education Act; calculating equalization grants; revise method .....................................................................................................................HB 824 GRAY, CITY OF State Highway System; dedicate certain portions .................................................H..R 1177 GREENE COUNTY Greene County; Board of Education; change compensation for chairperson and members of board........................................................................H..B 1031 GRIFFIN, CITY OF Griffin-Spalding County Airport Authority Act; enact .........................................H..B 1261 4910 INDEX GUARANTEED ENERGY SAVINGS PERFORMANCE CONTRACTING Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 State Agencies; guaranteed energy savings performance contracts; change certain provisions ........................................................................................HB 934 GUARDIAN AND WARD Firefighter Standards and Training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ............................................................................................................HB 247 Guardian and Ward; criminal background checks for persons seeking to become a guardian; provide.....................................................................................HB 850 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 GWINNETT COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Forrest Laughlin Adair II Memorial Bridge; dedicate ............................................SR 165 Gwinnett County Recorder's Court; clerk's compensation; change provisions...............................................................................................................H..B 1142 Gwinnett County Recorder's Court; provide for the appointment of the judges of such court ................................................................................................ SB 523 H HABERSHAM COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Habersham County; school district ad valorem tax; provide homestead exemption ................................................................................................................HB 975 Habersham County; State Court; provide that January 1, 2015, judge and solicitor shall be full-time positions .....................................................................HB 1217 HALL COUNTY Hall County; Board of Commissioners; change description of districts ...............H..B 1242 Hall County; Board of Education; change the description of the education districts.....................................................................................................................SB 397 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 INDEX 4911 HANDICAPPED PERSONS Courts; clerks shall provide for the scanning and electronic retention of wills; create a registry of powers of attorney executed by elder persons................SB 260 Disabled Persons; accompanied by guide or service dog.........................................HB 52 Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 Handicapped Persons; motorized wheelchair/scooter operated on public ways after dark shall be equipped with reflectors ...................................................SB 238 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 HARALSON COUNTY Haralson County; Board of Commissioners; change description of districts...................................................................................................................H..B 1131 Haralson County; Board of Education; change description of districts ..................HB 784 Haralson County; Office of Treasurer; abolish .....................................................H..B 1148 HARRIS COUNTY Harris County; Board of Commissioners; change description of districts ..............HB 771 Harris County; Board of Education; change description of districts.......................HB 770 HART COUNTY Hart County; Board of Commissioners; change description of districts.................HB 976 Hart County; Board of Education; change description of districts..........................HB 977 Hart County; Water and Sewer Authority; enact...................................................H..B 1288 HAZARDOUS MATERIALS; SPILLS OR RELEASES Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 HEALTH Abortion; criminal abortion; change certain provisions ..........................................HB 954 Assisted Living; authorize licensed personal care homes and community living arrangements to use certain terms ................................................................ SB 455 Brandon Harris Act; provide certain requirements of sleep centers........................SB 504 Charity Care Organizations; establish; provide health care services to the uninsured in this state; definitions; tax credits for contributions ............................SB 475 Early Care and Education Programs; influenza vaccine; provide information ..............................................................................................................HB 845 Education; care of students with diabetes in school; provide.................................HB 879 4912 INDEX Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Firefighter Standards and Training; provide automatic termination of firefighter convicted of felony; guardian and ward; provide matters relevant to guardians; emergency medical services personnel; change requirements ............................................................................................................HB 247 Georgia Composite Medical Board; provide for additional powers; enact the "Georgia Pain Management Clinic Act"; require licensure...............................SB 453 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Pain Management Clinic Act; enact ..........................................................HB 972 Georgia Trauma Care Network Commission; report annually; House and Senate Committees on Health and Human Services; outcomes ..............................SB 489 Health Care Compact; adopt....................................................................................SB 177 Health; act of a mother breastfeeding her child; shall not be considered unlawful conduct .................................................................................................... SB 517 Health; disclosures regarding the materials used in making dental prosthetics and other dental appliances; definitions; sanctions ...............................SB 375 Health; provide for regulation of previously used material in mattresses and similar consumer products ................................................................................SB 314 Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee...........................................SB 407 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 Health Care Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................................SB 361 Insurance; limitations on licensure requirements for certain health care providers; provide ...................................................................................................HB 785 Licenses Plates; provide special license plate supporting certain prostate cancer related programs...........................................................................................SB 261 Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Pain-Capable Unborn Child Protection Act; enact; regulate the performance of abortions.........................................................................................SB 209 Paramount Right to Life; without regard to age, race, sex, health, function or condition of dependency .....................................................................................SR 153 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 INDEX 4913 Private Home Care Providers; revise definition; exclude from the definition contractual arrangements with independent contractors.........................SB 196 Public Health, Department of; provide for a disposal method for septage from an on-site sewage management system ..........................................................SB 467 Public Health, Department of; study pulse oximetry screening for newborns to detect congenital heart defects; require ..............................................HB 745 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 State Government; open meetings and records; revise provisions ..........................HB 397 State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Georgia medical facilities....................................................................................................................SB 506 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 The Hazel D. McCurry Act; require nursing homes to provide certain nursing staffing ....................................................................................................... SB 540 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 HEALTH CARE PLANS AND INSURANCE Insurance; individual health insurance coverage to children through childonly health plans; provide......................................................................................H..B 1166 Insurance; limitations on licensure requirements for certain health care providers; provide ...................................................................................................HB 785 Insurance; provide for a physician profiling program; definitions; standards; establish criteria; provide disclosure information to patients.................SB 425 HEALTH PLANNING; CERTIFICATE OF NEED Health; repeal creation of the Health Strategies Council, Clinical Laboratory, Blood Bank, and Tissue Bank Committee...........................................SB 407 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................................SB 361 HENRY COUNTY Henry County; appointment of county surveyor; provide......................................HB 823 HIGHWAYS, BRIDGES AND FERRIES Bert Ward Memorial Bridge; Catoosa County; dedicate ....................................... SR 843 Charlie Will Stapleton Bridge; Webster County; dedicate....................................... SR 26 Connor Lenning Memorial Highway; dedicate .......................................................SR 474 Deputy James D. Paugh Memorial Highway; Richmond County; dedicate .........H..R 1103 4914 INDEX Elton C. Snow Intersection; dedicate ..................................................................... SR 471 Floyd C. and Mary McCants Jarrell Memorial Highway; dedicate ........................SR 385 Forrest Laughlin Adair II Memorial Bridge; dedicate ............................................SR 165 Georgia Public Works and Contractor Protection Act; enact; redefine a certain term; clarify provisions................................................................................... SB 3 Georgia Public Works and Contractor Protection Act; redefine a certain term; provisions ........................................................................................................ SB 27 Highway System; provide authority of Department of Transportation; lease certain state property for industrial or commercial activity ...........................SB 490 Johnny Hunt Highway; Cherokee County; dedicate .............................................S..R 1060 Judge John H. Ruffin, Jr. Memorial Highway; dedicate ........................................ SR 432 Judge Kenneth O. Nix Highway; Cobb County; dedicate.................................... SR 1223 Kermit Yates Memorial Highway; dedicate ............................................................SR 433 Korean War Veterans Memorial Highway; Dade County; dedicate .....................S..R 1071 Lance Corporal William Taylor Richards Memorial Highway; Dade County; dedicate ................................................................................................... SR 1072 Local Government; clarify authority of counties and municipal corporations to enter into such contracts; guaranteed energy savings performance contracts..............................................................................................SB 182 Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 Luther Story Bridge; Marion County; dedicate.......................................................SR 116 Martin Luther King, Jr., Parkway; DeKalb County; dedicate ................................ SR 667 Mass Transportation; remove the suspension period; use of proceeds from sales and use tax by a public transit system....................................................SB 232 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Ossie Davis Parkway; Ware County; dedicate ......................................................S..R 1214 Public Roads; weights of vehicles and loads; allow a variance for certain vehicles ....................................................................................................................SB 146 Public Transit Authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...............H..B 1051 Roy Parrish Parkway; dedicate................................................................................SR 386 Scenic Hometown Highway; dedicate.................................................................... SR 398 SGT Harold Wiggins Memorial Bridge; dedicate...................................................SR 380 State Highway System; dedicate certain portions .................................................H..R 1177 State Road and Tollway Authority; provide toll extensions must be approved by General Assembly................................................................................ SB 97 State Transportation Board; provide that member who seeks to qualify for elective office shall first resign from the board.......................................................SB 486 Transportation, Department of; procedures for design-build contracts; revise........................................................................................................................SB 463 INDEX 4915 Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide...........................................................HB 806 Transportation, Department of; power to contract; amend limitations ...................HB 817 Vehicles; commercial wreckers exceeding maximum weight for vehicles on highway system when conducting emergency tow; provide annual permits .....................................................................................................................HB 835 W.T. (Travis) Duke Memorial Bridge; dedicate .....................................................SR 328 William Austin Atkins, Sr. Bridge; dedicate...........................................................SR 308 HIRAM, CITY OF Hiram, City of; create the position of city manager ..............................................H..B 1187 HOMICIDE Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .....................................................................HB 1114 HOSPITALS AND OTHER HEALTH CARE FACILITIES Assisted Living; authorize licensed personal care homes and community living arrangements to use certain terms ................................................................ SB 455 Georgia Composite Medical Board; provide for additional powers; enact the "Georgia Pain Management Clinic Act"; require licensure...............................SB 453 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................................SB 361 Private Home Care Providers; revise definition; exclude from the definition contractual arrangements with independent contractors.........................SB 196 The Hazel D. McCurry Act; require nursing homes to provide certain nursing staffing ....................................................................................................... SB 540 HOUSE OF REPRESENTATIVES General Appropriations; State Fiscal Year July 1, 2012 - June 30, 2013 ...............HB 742 House convened; notify Senate .............................................................................H..R 1096 State House Districts; boundaries of certain districts; revise .................................HB 829 Supplemental Appropriations; State Fiscal Year July 1, 2011 - June 30, 2012 .........................................................................................................................HB 741 HOUSTON COUNTY Houston County; Board of Education; change description of districts ...................HB 941 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 4916 INDEX HUBBARD, ALABAMA SPEAKER OF THE HOUSE MIKE; addressed the Senate .............................................................................................P...age 177 HUMAN RESOURCES, DEPARTMENT OF Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 Public Health, Department of; provide for a disposal method for septage from an on-site sewage management system ..........................................................SB 467 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 HUMAN SERVICES, DEPARTMENT OF Social Responsibility and Accountability Act; enact ..............................................HB 861 HUNSTEIN, CHIEF JUSTICE CAROL W.; State of Judiciary address............P..a.g..e...1..23 I INCOME TAX Charity Care Organizations; establish; provide health care services to the uninsured in this state; definitions; tax credits for contributions ............................SB 475 Flexible Choices Act; provide exemption from insurance laws for certain physician arrangements ...........................................................................................SB 472 Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup.............................................................................................SB 300 Income Tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..................HB 965 Income Tax; credit; business enterprises located in less developed areas designated by tiers; provide .....................................................................................HB 868 Income Tax; credit; certain commercial geothermal heat pumps; include..............HB 818 Income Tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions..................................HB 1027 Income Tax; payment; de minimis overpayments and insufficiencies; provisions.................................................................................................................HB 133 Income Tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions...................................................HB 967 INDEX 4917 Levy and Sale of Property; change the amount of certain exemptions ...................SB 117 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Setoff Debt Collection; debts owed to public housing authorities; authorize ..................................................................................................................HB 450 State Properties Code multiyear lease agreements; provide for fiscal policies to be adopted by the General Assembly...................................................... SB 37 Taxation; exclusion to certain income of certain disabled veterans; provide .....................................................................................................................HB 808 Taxes; provide for income tax credit for certain veterans; conditions; limitations ................................................................................................................SB 349 INDEMNIFICATION OF PUBLIC OFFICERS AND EMPLOYEES Jarrett Little Act; indemnification payment shall be made to parents or siblings of such person; if person does not have unremarried spouse or dependents ...............................................................................................................SB 155 INDIGENT AND ELDERLY PATIENTS Charity Care Organizations; establish; provide health care services to the uninsured in this state; definitions; tax credits for contributions ............................SB 475 Licenses Plates; provide special license plate supporting certain prostate cancer related programs...........................................................................................SB 261 State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Georgia medical facilities....................................................................................................................SB 506 INDIGENT DEFENSE ACT Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 Georgia Public Defender Standards Council; pay attorney in event of conflict of interest in capital cases; change certain provisions................................HB 940 INSURANCE Employment Security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio.........................................................................................HB 347 Federal Abortion Mandate Opt-out Act; opt out of funding certain abortions through certain qualified health plans......................................................SB 434 Federal Abortion-Mandate Opt-Out Act; opt out of funding certain abortions through certain qualified health plans....................................................... SB 29 Flexible Choices Act; provide exemption from insurance laws for certain physician arrangements ...........................................................................................SB 472 4918 INDEX Free Market Safety Net Act; provide for continuation of coverage and available policy options ...........................................................................................SB 476 Georgia Health Insurance Marketplace Authority; establish; legislative intent; definitions; board of directors; composition, terms and officers .................SB 418 Georgia High Risk Individual Reinsurance Pool; provide allocation of a percent of premium taxes collected to offset losses ................................................. SR 24 Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision of the provisions ...............................................................HB 955 Georgia Life and Health Insurance Guaranty Association; provide comprehensive revision; consumers' insurance advocate; not necessary to file insurance rate filings until appropriately funded; provide ................................HB 786 Georgia Medicaid Access Act; establish; provide for filing of a proposed complaint of a medical malpractice claim against a medical assistance provider....................................................................................................................SB 149 Guaranteed Asset Protection Waivers; retail seller's requirements to insure waiver obligations; provide exception..........................................................HB 820 Health Coverage; individual accident and sickness policy; provide coverage for treatment of dependant children with cancer; autism.........................SB 330 Insolvent Insurers; claimants rights; correct certain language ................................HB 640 Insurable Interest; state entity; not fund life insurance on public officers or employees; provide..............................................................................................HB 371 Insurance Commissioner; authorize insurers to offer individual medical and surgical health insurance policies in Georgia; approved for issuance in selected other states .............................................................................................SB 216 Insurance Commissioner; provide for confidentiality of certain records to extend to state, federal and international regulatory law enforcement....................SB 385 Insurance Companies; provide procedure; claimant's offers to settle torts claims involving liability insurance policies ...........................................................SB 502 Insurance Policies; residential property; limit unfair cancellation or nonrenewal; claims based on damage from storms .................................................SB 295 Insurance; authorize Insurance Commissioner to establish coalition of other states; alternative policy approval process for comprehensive major medical policies ...................................................................................................... SB 471 Insurance; authorize to develop exchange standards regarding electronic prior authorization drug requests with health care providers ................................. SB 416 Insurance; closing protection letters; provide for premiums; authorize Commissioner of Insurance to promulgate rules and regulations ...........................SB 331 Insurance; Commissioner shall have authority to impose penalties; licensed under Title 33; certain violations...............................................................SB 199 Insurance; dispute or complaint involving material not in English, the English version shall control the resolution; provide ..............................................HB 986 Insurance; domestic farmers' mutual fire insurance companies; provisions ...........SB 203 INDEX 4919 Insurance; exemptions; unfair trade practices; wellness and health improvement programs and incentives; life plans...................................................SB 337 Insurance; individual health insurance coverage to children through childonly health plans; provide......................................................................................H..B 1166 Insurance; limitations on licensure requirements for certain health care providers; provide ...................................................................................................HB 785 Insurance; premium taxes; group accident and sickness contracts; provisions; Georgia Individual High Risk Reinsurance Pool..................................... SB 6 Insurance; provide a religious exception; requirement that every health benefit policy provide coverage for contraceptives.................................................SB 460 Insurance; provide for a physician profiling program; definitions; standards; establish criteria; provide disclosure information to patients.................SB 425 Insurance; provide in event of dispute arising involving material not in English; the English version shall control the resolution of the dispute .................SB 450 Insurance; state domestic farmers' mutual fire insurance companies; update provisions ....................................................................................................HB 931 Insurance; transition from annual to biennial license renewal; provide..................HB 477 Life Insurance; group life insurance policy to approved groups; allow issuance....................................................................................................................HB 513 Life Insurance; provide for insurers to offer wellness endorsements or riders under certain circumstances ..........................................................................SB 503 Life Settlements; require certain notifications of alternative available transactions; individual life policy ..........................................................................SB 278 Limited Licenses; insurance coverage on self-service storage; provide .................HB 463 Motor Vehicle Accident Reparations; preclude certain costs when estimating the costs of repair; total loss settlement .................................................SB 158 Motor Vehicle Reparations; change definitions of medical payments coverage ...................................................................................................................SB 192 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Portable Electronics Insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements ......................................................................................H..B 1067 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Risk-based Capital Levels; trend test property and casualty companies; require ......................................................................................................................HB 370 State Government; no department shall implement provision to health care reform legislation; unless department provide certain report to the General Assembly..................................................................................................... SB 20 State Government; open meetings and records; revise provisions ..........................HB 397 4920 INDEX INTANGIBLE TAXATION Taxation of Intangibles; rates charged by collecting officers; change certain requirements................................................................................................HB 851 IRWIN COUNTY Irwin County; Board of Commissioners; change description of districts .............H..B 1000 Irwin County; Board of Education; change description of districts ......................H..B 1001 ISAKSON, U.S. SENATOR JOHNNY; addressed the Senate ..............................P..age 50 J JACKSON COUNTY Jackson County; Board of Commissioners; change description of districts ...........HB 907 Jackson County; School System; change description of districts .........................H..B 1013 JAILS Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Jails; require all jails to participate in federal Department of Homeland Security's Secure Communities initiative ................................................................SB 174 JASPER COUNTY Jasper County; Board of Commissioners; provide staggered terms........................HB 752 Jasper County; Board of Education; change description of districts.......................HB 753 Jasper County; Probate Court judge; provide nonpartisan elections.......................HB 751 JEFF DAVIS COUNTY Jeff Davis County; Board of Commissioners; change description of districts...................................................................................................................H..B 1254 Jeff Davis County; Board of Education; change description of districts ..............H..B 1253 Jeff Davis County; nonbinding, advisory referendum by electors to ascertain if judge of Probate Court will also serve as chief magistrate judge; provide ........................................................................................................H..B 1297 JEFFERSON COUNTY Jefferson County; Board of Commissioners; change description of districts...................................................................................................................H..B 1270 Jefferson County; Board of Education; change description of districts ................H..B 1273 INDEX 4921 JEFFERSON, CITY OF Jefferson, City of; public schools; change description of education districts.....................................................................................................................HB 909 JENKINS COUNTY Jenkins County; Board of Commissioners; revise districts ..................................HB 1015 Jenkins County; Board of Education; revise districts............................................H..B 1057 JOHNSON COUNTY Johnson County; Board of Commissioners; provide commissioner districts.....................................................................................................................HB 768 Johnson County; Board of Education; describe new election districts ...................HB 767 JONES COUNTY Jones County; Board of Commissioners; reapportion commissioner districts.....................................................................................................................HB 710 Jones County; Board of Education; change description of districts........................HB 708 Jones County; Board of Education; provide that future elections for members shall be conducted on a nonpartisan basis ...............................................SB 268 JUDGES Judicial Circuits; superior court judge for certain populations; repeal supplemental expense allowance.............................................................................HB 930 JUDGES OF THE PROBATE COURTS RETIREMENT FUND OF GEORGIA Probate Courts Retirement Fund of Georgia; change portion of fines paid to Judges ..................................................................................................................HB 351 JUDICIAL ACCOUNTING Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 JUDICIAL CIRCUITS Judicial Circuits; assistant district attorney for certain populations; repeal office .......................................................................................................................HB 929 JUDICIAL RETIREMENT SYSTEM Georgia Judicial Retirement System; revised survivor's benefit option; provisions.................................................................................................................HB 250 Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions..............................................................................................SB 137 4922 INDEX JURIES Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Juries; certain persons ineligible to serve as trial or grand jurors; clarify...............HB 763 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 State Government; open meetings and records; revise provisions ..........................HB 397 JUVENILE JUSTICE, DEPARTMENT OF Juvenile Justice, Department of; provide for parole of children committed for commission of designated felony acts; certain circumstances...........................SB 105 Juvenile Justice, Department of; revise restrictions; possessions of contraband at juvenile detention centers ................................................................ SB 366 JUVENILE PROCEEDINGS Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Juvenile Court; exclusive jurisdiction of superior court; change provisions; certain offenses .....................................................................................SB 224 Juvenile Court; rehearing an order of associate juvenile court judge; delete provision.......................................................................................................HB 272 Juvenile Justice, Department of; provide for parole of children committed for commission of designated felony acts; certain circumstances...........................SB 105 Juvenile Justice, Department of; revise restrictions; possessions of contraband at juvenile detention centers ................................................................ SB 366 Juvenile Proceedings; clarify the definition of the term "designated felony"; increase the maximum detention period for children adjudicated for delinquent acts................................................................................................... SB 341 Juvenile Proceedings; maintenance of forensic samples from abortions performed on children under 16 years of age ..........................................................SB 165 Juvenile Proceedings; revise provisions ................................................................. SB 127 Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions..............................................................................................SB 137 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 K KENNESAW, CITY OF Kennesaw, City of; change provisions relating to the corporate limits.................H..B 1244 INDEX 4923 L LABOR AND INDUSTRIAL RELATIONS Georgia Back to Work Program Act; allow eligible participants receiving unemployment insurance benefits to receive workplace training ...........................SB 536 Dignity for the Unemployed Act; require volunteer service hours; nonprofit organization; applicants for unemployment benefits...............................SB 294 Employment Security; any such benefit shall be reduced by a benefit received from a public retirement system................................................................SB 167 Employment Security; change certain provisions relating to unemployment compensation; change certain provisions relating to the State-wide Reserve Ratio.........................................................................................HB 347 Employment Security; provide that benefits shall not be paid to noncitizens who are not employed legally ............................................................... SB 65 Employment Security; unemployment compensation; provisions; change the amount of taxable wages; determination of weekly benefit amount; provisions.................................................................................................................SB 447 Fire Protection and Safety; buildings; transfer certain functions; Department of Labor and Commissioner of Labor to the Office of Safety Fire Commissioner and Safety Fire Commissioner.................................................SB 446 Georgia Emergency Management Agency; eliminate the licensing of nongovernmental rescue organizations .................................................................. SB 345 Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 Georgia Workforce Investment Board; revise provisions ......................................HB 897 Labor; provide provisions prohibiting mass picketing shall apply to certain private residences.........................................................................................SB 469 Labor and Industrial Relations; prohibit employers from requesting credit reports on employees with certain exceptions.......................................................... SB 42 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Returning Veterans Task Force; membership; provide duties; recommendations .................................................................................................... SB 329 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State-wide Reserve Ratio; extend suspension of adjustments; provide for increase in the overall rate .......................................................................................SB 151 Unemployment Benefits; individual receiving shall not be ineligible for benefits during first two consecutive weeks of full-time employment ...................SB 297 Workers' Compensation; benefits not paid to noncitizens who are not employed legally......................................................................................................... SB 7 Workers' Compensation; parties to franchise agreement not considered employees; provide .................................................................................................HB 548 4924 INDEX Workers' Compensation; settlement agreements between parties; change certain provisions; change certain provisions relating to appointment of conservator for a minor or an incompetent claimant...............................................HB 971 LAMAR COUNTY Lamar County; Board of Commissioners; change description of districts............H..B 1145 Lamar County; Board of Education; change description of districts ....................H..B 1144 LAND; LIABILITY OF OWNERS AND OCCUPIERS Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 LANIER COUNTY Lanier County; Board of Commissioners; revise districts .....................................HB 883 Lanier County; Board of Education; revise districts ...............................................HB 882 LAURENS COUNTY Laurens County; Board of Commissioners; change description of districts ...........HB 783 Laurens County; Board of Education; change description of districts..................H..B 1028 LAVONIA, CITY OF Lavonia, City of; corporate limits; change and extend..........................................H..B 1014 Lavonia, City of; levy an excise tax .....................................................................HB 1191 LAW ENFORCEMENT OFFICERS AND AGENCIES 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 Alarm Monitoring Service Companies; utilize alarm verification; provisions.................................................................................................................HB 687 Courts; juvenile proceedings; substantially revise provisions................................HB 641 DNA Analysis; provide for DNA analysis of persons arrested for felony offenses; time and procedure for withdrawal of blood samples; provisions ...........SB 449 Fire Protection and Safety; consolidate primary state fire protection and safety services within a single agency; establish Department of Fire and Safety .......................................................................................................................SB 186 Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 Georgia Bureau of Investigation; provide conditions; convicted person may request criminal records be expunged; procedures; fee.................................. SB 144 Georgia Crime Information Center; inspection, purging, modifying, or supplemental criminal records; provisions ..............................................................SB 118 INDEX 4925 Health; strengthen provisions relating to protection of elder adults; penalties relative to owning or operating of unlicensed personal care homes; revise provisions........................................................................................H..B 1110 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 Law Enforcement; mandate certain conduct when a person is reported missing .....................................................................................................................SB 400 Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ..........................SB 441 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Peace Officers; persons given permanent resident status; eligible to be certified and employed as peace officers in this state .............................................SB 133 Private Detective and Security Businesses; provisions; exclude persons certified by Georgia Peace Officer Standard and Training Council......................... SB 15 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 Public Safety, Department of; sell or trade surplus vehicles; allow........................HB 253 Rachel's Law; provide for parameters regarding the use of confidential informants; definitions; exceptions .......................................................................... SB 83 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ................................HB 895 Social Responsibility and Accountability Act; enact ..............................................HB 861 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Traffic Offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ...................................................................................................HB 827 LAWFUL PRESENCE WITHIN U.S.; VERIFICATION OF Government; modify provisions; verification requirements, procedures, and conditions for applicants for public benefits.....................................................SB 458 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 State Government; prohibit policies by local governments that limit or restrict the enforcement of immigration laws; definitions ..................................... SB 104 LAWRENCEVILLE, CITY OF Lawrenceville, City of; change term of office for mayor.....................................HB 1205 LAWS AND STATUTES Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 4926 INDEX LIBERTY COUNTY Liberty County; Board of Commissioners; change description of districts ..........H..B 1007 Liberty County; Board of Education; change description of districts...................H..B 1008 Property Conveyance; grant nonexclusive easement to Bryan, Butts, and Liberty counties ...................................................................................................... SR 765 State Highway System; dedicate certain portions .................................................H..R 1177 LIBRARIES, LIBRARIANS Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 LICENSE PLATES AND REGISTRATION License Plates; provide special license plate supporting certain prostate cancer related programs...........................................................................................SB 261 License Plates; require a sworn statement by an applicant for a tag renewal...................................................................................................................... SB 59 License Plates; require a sworn statement by an applicant for a tag renewal.....................................................................................................................SB 138 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal............................................................................SB 293 License Plates; unregistered vehicle; presumption of residency under certain circumstances; displaying out-of-state license plate .................................. SB 239 License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services...................................................................................SB 473 Motor Vehicles; add certain persons; authorized to receive motor vehicle registration records ................................................................................................. SB 421 Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 Motor Vehicles; temporary license plates; modify provisions................................HB 985 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Special License Plates; supporting the Appalachian Trail Conservancy ................SB 130 Workers' Compensation; parties to franchise agreement not considered employees; provide .................................................................................................HB 548 LICENSES Alcoholic Beverages; licenses; change certain provisions ...................................HB 1066 Portable Electronics Insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements ......................................................................................H..B 1067 Veterinarians; application for license; revise provisions........................................HB 409 INDEX 4927 LIEUTENANT GOVERNOR CASEY CAGLE; addressed the Senate...............P...a.g..e...17 COMMITTEE ON ASSIGNMENTS; approved Governor's Appointments.....P...a.g..e...3..2..71 UNTERMAN; appointed to Committee on Assignments ........................................Page 3 LIFE SETTLEMENTS ACT Life Settlements; require certain notifications of alternative available transactions; individual life policy ..........................................................................SB 278 LINCOLN COUNTY Lincoln County; Board of Commissioners; change description of districts .........H..B 1179 Lincoln County; Board of Education; change description of districts ..................H..B 1180 LOCAL GOVERNMENT Ad Valorem Tax; prohibit local government on increasing millage rates the same day as other local government which affect all or a portion of same properties subject to increase ............................................................................ SB 1 Annexation; unincorporated islands; repeal Article 6 ...........................................H..B 1123 Bonds; certain validation hearing appearance provisions; provide.........................HB 844 `Broadband Investment Equity Act'; provide regulation of competition between public and private providers of communications service..........................SB 313 Budget Commission; certain counties; population and census application; revise and change..................................................................................................HB 1024 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Code Enforcement Boards; code enforcement officers; change definition..............HB 93 College and University Special District Act of 2011 ............................................... SB 53 Counties and Municipal Corporations; owner of property against which a notice of code of violation has been sent; fails to correct; subject to daily fine ...........................................................................................................................SB 262 Counties; number of counties limited; county boundaries and county sites .........S..R 1067 Counties; provide authority; operate vehicle for hire equipped to transport passengers in wheelchair throughout the state ........................................................SB 373 Counties; provide the re-creation of a existing county merged into another county may be accomplished by law; subject voters approval.................... SR 16 Development Authorities Law; include facilities owned by public or private entity; amend definition...............................................................................HB 475 Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Local Government; approval of bonded debt by election; population brackets and the census; change certain provisions ..............................................H..B 1117 Local Government; clarify authority of counties and municipal corporations to enter into such contracts; guaranteed energy savings performance contracts..............................................................................................SB 182 4928 INDEX Local Government; clarify development authorities are authorized to conduct redevelopment............................................................................................SB 257 Local Government; conduct of directors of local development authorities; modify provisions ................................................................................................... SB 258 Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................................SB 381 Local Government; public advertisements; provide for certain requirements ............................................................................................................SB 508 Local Government; zoning proposal review procedures; repeal section and reserve .............................................................................................................H..B 1089 Local Government and Public Property; require certain procedures; leasing public property to private entity for nongovernmental purposes ................SB 498 Local Government Authorities Registration Act; provide for immunity ................SB 221 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ..................................................................................................HB 1052 Municipal Corporations; control over parks and fire stations; change certain provisions....................................................................................................HB 990 Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction .................................................................. SB 351 Municipalities; law enforcement contracts; population brackets and census; change provisions .....................................................................................H..B 1026 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Sales and Use Tax; educational purposes; only distributed on basis of full-time equivalent student counts........................................................................H..R 1150 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State-Local Government Mandate Review; create joint study committee..............SR 265 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Transportation Department; procedures for design-build contracts; revise ............SB 463 Water and Sewage Systems; prohibit municipal corporations from requiring certain persons; to use the sewage system maintained by municipal corporation..............................................................................................SB 524 INDEX 4929 LONG COUNTY Long County; Board of Commissioners; change description of districts..............H..B 1074 Long County; Board of Education; change description of districts ......................H..B 1075 LOTTERY FOR EDUCATION Georgia Lottery Corporation; require to conduct and publish a biannual audit; location and distribution of winning lottery tickets...................................... SB 409 HOPE; provide that the Georgia Student Finance Commission shall establish amount awarded each year ...................................................................... SB 235 HOPE; scholarships; provide students receiving scholarships who require remedial classes shall not be enrolled in research universities; Georgia Lottery Corporation Legislative Oversight Committee...........................................SB 131 Lottery for Education; definitions; prize proceeds; change provisions...................SB 310 LOWNDES COUNTY Lowndes County; Board of Commissioners; change description of districts...................................................................................................................H..B 1022 Lowndes County; Board of Education; change description of districts ..................HB 860 Lowndes County; change the description of the commissioner districts ................SB 323 State Highway System; dedicate certain portions .................................................H..R 1177 LUMPKIN COUNTY Lumpkin County; provide chief magistrate appoint the clerk of the Magistrate Court of Lumpkin County .................................................................... SB 273 LYERLY, TOWN OF Lyerly, Town of; provide new charter..................................................................HB 1249 M MACON COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 MACON, CITY OF Macon, City of; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 170 Macon, City of; City of Payne City; Bibb County; provide for the restructuring of the governments .............................................................................SB 274 Macon-Bibb County Community Enhancement Authority Act; enact .................H..B 1265 4930 INDEX Macon-Bibb County Transit Authority Act of 1980; enter into contracts with counties and municipal corporations to provide public transportation services; provide power .........................................................................................H..B 1206 Macon-Bibb County Water and Sewerage Authority Act; provide appointment of certain members; period of service ................................................SB 279 Macon-Bibb County; create and incorporate new political body corporate .........H..B 1171 Macon-Bibb, Georgia; provide unified government ................................................HB 98 State Highway System; dedicate certain portions .................................................H..R 1177 Macon Water Authority Act; change description of electoral districts.................H..B 1196 Macon Water Commissioners-Pension Plan; change provisions ............................HB 635 MADISON COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Madison County; Board of Commissioners; revise districts ................................HB 1038 Madison County; Board of Education; revise districts..........................................H..B 1037 State Highway System; dedicate certain portions .................................................H..R 1177 MAGISTRATE COURTS Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 Courts; require marshals to notify protected persons upon the service of certain protective orders ........................................................................................... SB 52 Magistrates; termination under certain circumstances; provide ..............................HB 149 MALT BEVERAGES Brewpub Distribution System; maximum barrels of beer manufactured and sold; increase....................................................................................................HB 472 MANCHESTER, CITY OF Manchester, City of; provide election districts......................................................H..B 1172 MANSFIELD, CITY OF Mansfield, City of; provide a new charter ...............................................................SB 530 MARION COUNTY Luther Story Bridge; Marion County; dedicate.......................................................SR 116 Marion County; Board of Commissioners; change the description of the commissioner districts .............................................................................................SB 394 Marion County; Board of Education; change the description of education districts.....................................................................................................................SB 392 INDEX 4931 MARTA (METROPOLITAN ATLANTA RAPID TRANSIT AUTHORITY) Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ..................................................................................................HB 1052 Public Transit Authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...............H..B 1051 MASS TRANSPORTATION Mass Transportation; remove the suspension period; use of proceeds from sales and use tax by a public transit system....................................................SB 232 Public Transit Authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...............H..B 1051 Transportation, Department of; power to contract; amend limitations ...................HB 817 MASSAGE THERAPY PRACTICE ACT Massage Therapists; provide that an applicant for a license by endorsement shall provide certain information .......................................................SB 143 MCDONOUGH, CITY OF McDonough, City of; amend powers of mayor; provide for a city administrator ............................................................................................................SB 537 McDonough, City of; provide for incorporation, boundaries, and powers of the city .................................................................................................................SB 534 MCDUFFIE COUNTY McDuffie County; Board of Commissioners; change description of districts.....................................................................................................................HB 925 McDuffie County; Board of Education; change description of districts.................HB 926 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 MCINTOSH COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 McIntosh County; Board of Commissioners; change description of districts.....................................................................................................................HB 765 McIntosh County; Board of Education; change description of districts .................HB 764 MCINTYRE, TOWN OF McIntyre, Town of; incorporate; grant new charter ................................................HB 571 MEDICAL ASSISTANCE AND MEDICAID Georgia Taxpayer Protection False Claims Act; enact............................................HB 822 4932 INDEX MEDICAL OR SURGICAL TREATMENT; CONSENT Abortion; criminal abortion; change certain provisions ..........................................HB 954 Pain-Capable Unborn Child Protection Act; enact; regulate the performance of abortions.........................................................................................SB 209 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 MENTAL HEALTH Criminal Proceedings; provide for consideration of victim's impact statement; following a plea of insanity and mental incompetency..........................SB 256 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 Mental Health; revise the definition of "developmental disability" ........................SB 245 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 MERIT SYSTEM Education; authority for the State School Superintendent to employ and dismiss employees .................................................................................................... SB 38 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State Personnel Administration; comprehensive review of each state employment position ...............................................................................................SB 197 MERIWETHER COUNTY Meriwether County; Board of Commissioners; change description of districts...................................................................................................................H..B 1106 Meriwether County; Board of Education; change description of districts ............H..B 1107 MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS Assistant Adjutants General; certain qualifications; change ..................................HB 800 Georgia Emergency Management Agency; eliminate the licensing of nongovernmental rescue organizations .................................................................. SB 345 Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Returning Veterans Task Force; membership; provide duties; recommendations .................................................................................................... SB 329 INDEX 4933 State Defense Force; rights of public officers, employees; remove restrictions................................................................................................................. SB 18 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Taxation; exclusion to certain income of certain disabled veterans; provide .....................................................................................................................HB 808 University System of Georgia; Board of Regents establish process; veterans receiving educational benefits .................................................................. SB 327 War Veterans Homes; Veterans Service Board establish residency fee; authorize ..................................................................................................................HB 535 MILLEDGEVILLE, CITY OF Central State Hospital Local Redevelopment Authority Act; enact........................HB 815 MILNER, CITY OF Milner, City of; provide new charter ....................................................................HB 1259 MILTON, CITY OF Milton, City of; Public Buildings and Facilities Authority; authorize city council members to be appointed ..........................................................................H..B 1154 MINORITY REPORTS Filed on HB 797..................................................................................................Page 2275 Filed on HB 954..................................................................................................Page 2178 Filed on SB 292 ..................................................................................... Pages 1057, 1518 Filed on SB 458 ..................................................................................................Page 1221 MINORS Adoption; allow court to consider living arrangements; prospective adoptive single parent; petition for adoption...........................................................SB 247 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception......................................................SB 355 Drivers' Licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................................HB 215 Education; authority for the State School Superintendent to employ and dismiss employees .................................................................................................... SB 38 Education; authorize public school students in charter schools and virtual schools to participate in extracurricular activities at resident schools ..................... SB 34 Education; authorize qualified nonprofit preschool programs which serve disabled children to participate in student scholarship programs............................SB 439 Education; change the ages of mandatory education ............................................... SB 43 4934 INDEX Education; clarify the authority of the state to establish state-wide education policy...................................................................................................... SR 853 Education; dating violence; provide for a curriculum; require the adoption of a policy against dating violence ............................................................ SB 46 Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Education; Georgia's Pre-K Program; change the funding source; provide for student enrollment counts for children ..............................................................SB 291 Education; maximize the number of students taking at least one course containing online learning prior to graduation ........................................................SB 289 Education; provide annual indicators of the quality of learning by students, financial efficiency, and school climate for individual schools and school systems ................................................................................................. SB 410 Education; provide for certain notices for disciplinary or evaluation proceedings or conferences .....................................................................................SB 491 Education; provide month for determining eligibility ages; participation in educational programs shall be December............................................................SB 241 Education; provide parent or guardian participation component in drug and alcohol course; person under 18 years of age ...................................................SB 120 Education; public high schools shall provide students, parents, and guardians option; not releasing personal information to military recruiters ...........SB 255 Education; raise age of mandatory education; adult literacy for purposes of conformity; revise provisions............................................................................... SB 49 Education; raise the age of mandatory education from 16 to 17; provisions.................................................................................................................. SB 14 Education; rename to Georgia Educational Freedom Act; expand eligibility for the program; revise requirements relating to qualifications for scholarship .......................................................................................................... SB 87 Education; repeal article relating to Georgia Charter Schools Commission; establish Georgia Charter Schools Advisory Commission; membership..............................................................................................................SB 501 Education; revise the age of mandatory education; provide a waiver.....................SB 208 Education; school health nurse programs; revise provisions ................................. SB 183 Education; termination or suspension of a contract of employment; revise provisions; provide requirements for furlough days ...............................................SB 153 Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions..........................................................................................SB 119 Educational Programs; use of standards base grading in grades 4 through 12; prohibit...............................................................................................................SB 364 Elections; poll officers; provide for the Student Teen Election Participant program....................................................................................................................SB 101 INDEX 4935 Georgia Student Extracurricular Partnership Act; allow public school students living in attendance zone participate in extracurricular activities.............. SB 55 Health; act of a mother breastfeeding her child; shall not be considered unlawful conduct .................................................................................................... SB 517 Health Coverage; individual accident and sickness policy; provide coverage for treatment of dependant children with cancer; autism.........................SB 330 HOPE Scholarships; add a maximum annual household income requirement for purposes of eligibility ................................................................... SB 423 HOPE Scholarships; home study students; minimum SAT or ACT score for purposes of eligibility; revise requirements.......................................................SB 451 HOPE Scholarships; provide lottery proceeds appropriated proportionally by the regions; definition .........................................................................................SB 420 HOPE Scholarships; provide students receiving scholarships who require remedial classes shall not be enrolled in research universities; Georgia Lottery Corporation Legislative Oversight Committee...........................................SB 131 HOPE Scholarships; provide that the Georgia Student Finance Commission shall establish amount awarded each year..........................................SB 235 HOPE Scholarships; revise the definition of a Zell Miller Scholar ........................SB 422 Insurance; individual health insurance coverage to children through childonly health plans; provide......................................................................................H..B 1166 'Interstate Compact on Educational Opportunity for Military Children'; provide for purpose and policy................................................................................SB 227 Jace Hester Law; emergency closure of an early care and education program upon death of a minor ...............................................................................SB 406 Juvenile Justice, Department of; provide for parole of children committed for commission of designated felony acts; certain circumstances...........................................................................................................SB 105 Juvenile Justice, Department of; revise restrictions; possessions of contraband at juvenile detention centers ................................................................ SB 366 Juvenile Proceedings; maintenance of forensic samples from abortions performed on children under 16 years of age ..........................................................SB 165 Juvenile Proceedings; revise provisions ................................................................. SB 127 Motor Vehicles; driving under the influence; change the age of a child constituting child endangerment; penalties .............................................................. SB 44 Parent Trigger Act; enact; petitions from parents for interventions for low-achieving schools .............................................................................................. SB 68 Student Achievement Office of; private college submit confidential student data to Department of Education shall not be liable for breach..................SB 405 The Teach Freedom Act; enact; modify requirements for instruction in U.S. history, American government and civics, economics, and social studies ......................................................................................................................SB 426 4936 INDEX MITCHELL COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Mitchell County; Board of Commissioners; change description of districts...................................................................................................................H..B 1126 Mitchell County; Board of Education; change districts ........................................H..B 1127 MONROE COUNTY Monroe County; Board of Commissioners; change description of districts .........H..B 1109 Monroe County; Board of Education; change description of districts ..................H..B 1108 Monroe County; Probate Court future elections for the office of judge shall be nonpartisan; provide ...................................................................................HB 904 Monroe County Public Facilities Authority Act; limiting authority to issue revenue bonds to four years; repeal certain provisions ................................HB 1193 MONTGOMERY COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Montgomery County; Board of Commissioners; change description of districts...................................................................................................................H..B 1039 Montgomery County; Board of Education; change description of districts..........H..B 1183 MORELAND, TOWN OF Moreland, Town of; change terms and dates of election of mayor and alderman ................................................................................................................H..B 1184 MORGAN COUNTY Morgan County; Board of Commissioners; change description of districts ...........HB 774 Morgan County; Board of Education; change composition and description of districts..............................................................................................HB 775 MORTGAGES, LIENS, AND SECURITY Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Conveyances; future conveyance of real property; prohibit fee..............................HB 129 Counties and Municipal Corporations; owner of property against which a notice of code of violation has been sent; fails to correct; subject to daily fine ...........................................................................................................................SB 262 Foreclosure; time of delivery of notice of proceedings; change .............................HB 419 Mortgage Lenders and Brokers; certain mortgage activities without a license; prohibit ......................................................................................................HB 946 Mortgage, Liens, Security; provide for lenders to give notice to contractors; construction loan is nearing default; definitions; procedures..............SB 466 INDEX 4937 Mortgages and Liens; vacant and foreclosed real property registries; provide .....................................................................................................................HB 110 Motor Vehicle Reparations; change definitions of medical payments coverage ...................................................................................................................SB 192 Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors ........................................................................................SB 333 Property; security deeds; foreclosures; transfer; Georgia Residential Mortgage Fraud and Foreclosure Fraud Act; provisions........................................ SB 123 Real Estate Professionals; provisions ..................................................................... SB 365 MOTOR FUEL AND ROAD TAX Motor Fuel Tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ............................................................HB 743 MOTOR VEHICLE ACCIDENT REPARATIONS Motor Vehicle Accident Reparations; preclude certain costs when estimating the costs of repair; total loss settlement .................................................SB 158 Motor Vehicle Reparations; change definitions of medical payments coverage ...................................................................................................................SB 192 MOTOR VEHICLES AND TRAFFIC Ad Valorem Taxation; motor vehicles; clarify application to be consistent with federal provisions ..........................................................................................H..B 1056 All-terrain Vehicles; make definitions consistent with industry standards .............HB 795 Commerce and Trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions....................................................................................................HB 872 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Criminal Procedure; provide convicted person sentenced to probation shall have probated sentence demarcated on driver's license for length of sentence....................................................................................................................SB 461 Driver Services; provision of radio frequency identification tags with drivers' licenses or identification cards....................................................................... SB 5 Drivers' Licenses; convicted of crime against a minor; prohibit certain transport ...................................................................................................................HB 215 Drivers' Licenses; felony offense demarcated on license; provisions ......................HB 91 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 Drivers' Licenses; provide for the issuance of temporary license, permit; noncitizen upon the presentation of certain documentation ................................... SB 511 Drivers' Licenses; provide persons applying for Class M licenses shall complete a motorcycle safety training course .........................................................SB 275 4938 INDEX Drivers' Licenses; repeal code section 40-5-38; diagnosis of post traumatic stress disorder ..........................................................................................SB 212 Education; provide parent or guardian participation component in drug and alcohol course; person under 18 years of age ...................................................SB 120 Elections; provide for online voter registration; conditions and requirements ............................................................................................................SB 325 Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Georgia Motor Common and Contract Carrier Act of 2012; enact.........................HB 865 'Interstate Compact on Educational Opportunity for Military Children'; provide for purpose and policy................................................................................SB 227 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 License Plates; provide special license plate supporting certain prostate cancer related programs...........................................................................................SB 261 License Plates; require a sworn statement by an applicant for a tag renewal...................................................................................................................... SB 59 License Plates; require a sworn statement by an applicant for a tag renewal.....................................................................................................................SB 138 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal............................................................................SB 293 License Plates; unregistered vehicle; presumption of residency under certain circumstances; displaying out-of-state license plate .................................. SB 239 License Plates; veterans awarded Purple Hearts; include persons still serving in the armed services...................................................................................SB 473 Motor Vehicle; require policies that prohibit law enforcement officers from impermissibly using race or ethnicity in determining whether to stop a vehicle ...........................................................................................................SB 205 Motor Vehicles; add certain persons; authorized to receive motor vehicle registration records ................................................................................................. SB 421 Motor Vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide .............................................................HB 900 Motor Vehicles; driving under the influence; change the age of a child constituting child endangerment; penalties .............................................................. SB 44 Motor Vehicles; modify the definition of low-speed vehicle and motorized cart ..........................................................................................................SB 145 Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 Motor Vehicles; provide for definitions; notification of the use of speed detection and enforcement devices..........................................................................SB 444 Motor Vehicles; temporary license plates; modify provisions................................HB 985 INDEX 4939 Motor Vehicles; traffic-control signal monitoring devices; remove provisions.................................................................................................................SB 142 Motor Vehicles; use of child restraint systems; increase age.................................HB 279 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Rules of the Road; bicycles; single file on roadways not specially designated for the use of bicycles............................................................................SB 468 Rules of the Road; change the inference for identifying driver in cases involving traffic-control signal monitoring devices ................................................. SB 60 Rules of the Road; dedicate the Georgia Move-Over law in memory of Spencer Pass ............................................................................................................SB 168 Rules of the Road; driving under influence with a child in a motor vehicle is a felony.................................................................................................................. SB 13 Rules of the Road; moratorium on the future designation of high occupancy toll lanes................................................................................................ SB 347 Rules of the Road; provide driving under influence of alcohol or drugs by illegal alien is a felony.............................................................................................SB 162 Rules of the Road; require operator of vehicle to leave a safe distance between vehicle and a bicycle; definition................................................................SB 126 Secondary Metal Recyclers; comprehensive revision of provisions.......................SB 321 Special License Plates; supporting the Appalachian Trail Conservancy ................SB 130 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Traffic Laws; violations; additional penalty to be assessed for driver education purposes; extend expiration date.............................................................HB 871 Traffic Offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ...................................................................................................HB 827 Traffic Offenses; person convicted of endangering a child by driving under the influence; ignition interlock device .......................................................... SB 41 Trauma Care; annually dedicate from license tag fees collected per each vehicle registered in this state; definition; procedures ............................................SR 140 Vehicles; commercial wreckers exceeding maximum weight for vehicles on highway system when conducting emergency tow; provide annual permits .....................................................................................................................HB 835 MOTORCYCLES; OPERATOR SAFETY TRAINING PROGRAM Drivers' Licenses; provide persons applying for Class M licenses shall complete a motorcycle safety training course .........................................................SB 275 4940 INDEX MOULTRIE, CITY OF Moultrie, City of; levy an excise tax ....................................................................HB 1225 MUNICIPALITIES Annexation; unincorporated islands; repeal Article 6 ...........................................H..B 1123 Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 Municipal Corporations; control over parks and fire stations; change certain provisions....................................................................................................HB 990 Municipal Courts; require same training for all judges of courts exercising municipal court jurisdiction .................................................................. SB 351 Municipalities; law enforcement contracts; population brackets and census; change provisions .....................................................................................H..B 1026 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 Water and Sewage Systems; prohibit municipal corporations from requiring certain persons; to use the sewage system maintained by municipal corporation..............................................................................................SB 524 Workers' Compensation; parties to franchise agreement not considered employees; provide .................................................................................................HB 548 MURRAY COUNTY Murray County; Board of Education; change description of districts.....................HB 921 Murray County; Board of Elections and Registration; create ...............................H. B 1250 MUSCOGEE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Muscogee County School District; change description of districts.......................H..B 1231 Muscogee County School District; superintendent may make public works construction contracts; change maximum amount ....................................HB 1232 N NATURAL RESOURCES, DEPARTMENT OF Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 Natural Resources, Board of; compensation and reimbursement of members for expenses; provisions...........................................................................SB 259 INDEX 4941 NEWTON COUNTY Newton County; Board of Commissioners; change description of districts ...........HB 772 Newton County; Board of Education; change description of districts ....................HB 773 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 State Highway System; dedicate certain portions .................................................H..R 1177 NONPROFIT CORPORATIONS Food Sales and Service Establishments; revise definitions; exempt certain activities ...................................................................................................................HB 681 NONRESIDENTS Income Tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..................HB 965 Income Tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions...................................................HB 967 Taxation; nonresident subcontractor withholding payments; change required percentage.................................................................................................HB 932 NORCROSS, CITY OF Norcross, City of; change corporate limits ............................................................H..B 1236 NUISANCES Code Enforcement Boards; code enforcement officers; change definition..............HB 93 NURSES Crimes and Offenses; increase the punishment for aggravated assault upon a nurse while engaged in his or her official duties ........................................ SB 465 Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 Nurses; add mandatory reporting provisions...........................................................SB 376 Nurses; approved nursing education programs; revise definitions..........................HB 675 Nurses; prohibit the use of the title "nurse" unless licensed as a registered professional nurse ..................................................................................................... SB 67 Nurses; provide for continuing competency requirements; renewal of licenses.....................................................................................................................SB 368 Nurse Licensure Compact; provide multistate licensures to practice as registered nurse ....................................................................................................... SB 282 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 Registered Professional Nurse; requirements for preceptorship for applicants; revise ....................................................................................................HB 470 4942 INDEX O OATH OF OFFICE Crane, Mike..............................................................................................................P..a.g..e...10 Wilkinson, John K...................................................................................................Page 13 OGLETHORPE COUNTY State Highway System; dedicate certain portions .................................................H..R 1177 OPEN AND PUBLIC MEETINGS Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Open and Public meetings; authorize all agencies to conduct meetings by teleconference under certain circumstances ............................................................SB 176 Public Meetings; require notice of meetings of government agencies be posted on agency websites.......................................................................................SB 249 State Government; open meetings and records; revise provisions ..........................HB 397 P PARDONS AND PAROLES State Board of Pardons and Paroles; issue a certificate of restoration of voting rights; convicted of a felony involving moral turpitude...............................SB 510 PARENT AND CHILD 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 Domestic Relations; child abuse; expand mandatory reporting requirements; provide for procedure; exception......................................................SB 355 Juvenile Proceedings; revise provisions ................................................................. SB 127 Parent and Child; grandparent visitation rights; modify provisions......................H..B 1198 PARKS, HISTORIC AREAS, MEMORIALS, AND RECREATION License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal............................................................................SB 293 Natural Resources, Department of; transfer certain responsibilities for state parks to local governing authorities; authorize ...............................................HB 684 Public Authorities; provide certain powers; Georgia Music Hall of Fame Authority and Georgia Sports Hall of Fame Authority; video lottery terminals ..................................................................................................................SB 272 INDEX 4943 State Parks; use of boats; public nuisances; revise certain provisions ....................SB 319 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions.....................................................SB 362 PATIENT RIGHT TO KNOW Patient Right to Know; administrative remedies; prior to inmate filing a complaint; Georgia Composite Medical Board .......................................................SB 485 PAULDING COUNTY Paulding County; Board of Commissioners; revise districts..................................HB 838 Paulding County; Board of Education; revise districts ...........................................HB 839 PAYNE CITY, CITY OF Macon, City of; City of Payne City; Bibb County; provide for the restructuring of the governments .............................................................................SB 274 Macon-Bibb County; create and incorporate new political body corporate .........H..B 1171 PEACE OFFICERS ANNUITY AND BENEFIT FUND Peace Officers' Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide ...........................................................................HB 928 Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide ...........................HB 987 Peace Officers' Annuity and Benefit Fund; provide member disabled by injury; entitled to a disability benefit under certain conditions ...............................SB 242 Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions..............................................................................................SB 137 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 PEACE OFFICERS; EMPLOYMENT AND TRAINING Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ..........................SB 441 Peace Officers; persons given permanent resident status; eligible to be certified and employed as peace officers in this state .............................................SB 133 Private Detective and Security Businesses; provisions; exclude persons certified by Georgia Peace Officer Standard and Training Council......................... SB 15 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 PEACH COUNTY Peach County; Board of Commissioners; change description of districts ..............HB 726 Peach County; Board of Education; change description of districts .......................HB 727 4944 INDEX PEACHTREE CITY, CITY OF Peachtree City, City of; levy excise tax..................................................................HB 364 PENAL INSTITUTIONS 2011 Special Council on Criminal Justice Reform for Georgians; enact recommended provisions .......................................................................................H..B 1176 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 Jails; require all jails to participate in federal Department of Homeland Security's Secure Communities initiative ................................................................SB 174 Joint Session; message from Governor ................................................................HR 1097 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Penal Institutions; place of residence for incarcerated persons; last established residence prior to arrest.......................................................................... SB 48 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 Sexual Offender Registration Review Board; gathering information relating to sexual offenders; provide more effective methods ................................HB 895 State Board of Pardons and Paroles; issue a certificate of restoration of voting rights; convicted of a felony involving moral turpitude...............................SB 510 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Traffic Offenses; person convicted of endangering a child by driving under the influence; ignition interlock device .......................................................... SB 41 PHARMACISTS AND PHARMACIES Controlled Substances; authorize the use of remote automated medication systems; definitions; requirements ..........................................................................SB 180 Pharmacists; electronic data prescription drug order; provide certain requirements for any electronic transmission mechanism...................................... SB 111 Pharmacist and Pharmacies; change definition of security paper; State Board of Pharmacy; revisions..................................................................................SB 380 Pharmacist and Pharmacies; electronic transmission mechanism; provide certain requirements................................................................................................ SB 417 Pharmacists and Pharmacies; revise definition of security paper .........................H..B 1069 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 INDEX 4945 Prescription Drugs; reference product license holder; immunity from liability; use of a biosimilar biological product.......................................................SB 488 State Board of Pharmacy; prescription drugs by mail or other common carriers; provisions.................................................................................................. SB 346 PHYSICIANS, PHYSICIANS ASSISTANTS, AND RESPIRATORY CARE Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise provisions .........................................................SB 386 Brandon Harris Act; provide certain requirements of sleep centers........................SB 504 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition ....................................................................... SB 378 Georgia Composite Medical Board; provide for additional powers; enact the "Georgia Pain Management Clinic Act"; require licensure...............................SB 453 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Pain Management Clinic Act; enact ..........................................................HB 972 Nurse Licensure Compact; provide multistate licensures to practice as registered nurse ....................................................................................................... SB 282 Patient Right to Know; administrative remedies; prior to inmate filing a complaint; Georgia Composite Medical Board .......................................................SB 485 Perfusionists; revise continuing education requirements; definition........................ SB 66 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 Radiographers, Radiation Therapists; provide for licensing; regulate; medical imaging and radiation therapy procedures; diagnostic or therapeutic purposes ................................................................................................SB 179 PICKENS COUNTY Pickens County; Board of Commissioners; clarify dates; change description of districts..............................................................................................HB 712 Pickens County Water and Sewer Authority; waiting period of two years for member reappointment; remove provision ......................................................H..B 1213 PIKE COUNTY Pike County; Board of Education; change description of districts..........................HB 906 Pike County; School District ad valorem tax; provide homestead exemption ..............................................................................................................H..B 1091 PODIATRY PRACTICE Nurse Licensure Compact; provide multistate licensures to practice as registered nurse ....................................................................................................... SB 282 4946 INDEX POLK COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Polk County; ad valorem tax for county purposes; provide exemption ..................HB 614 Polk County; ad valorem tax for county purposes; provide exemption ..................HB 615 Polk County; ad valorem tax; educational purposes; provide exemption ...............HB 616 Polk County; ad valorem tax; educational purposes; provide exemption ...............HB 617 Polk County; Board of Education; revise districts ................................................H..B 1023 POSTSECONDARY EDUCATION Board of Regents; provide multiyear lease agreements ..........................................SB 220 Education; authorize qualified nonprofit preschool programs which serve disabled children to participate in student scholarship programs............................SB 439 Education; permit proprietary institutions of higher education to participate in establishing college and career academies ....................................... SB 308 Education; provide authorization to operate by means of accreditation for nonpublic postsecondary institutions; certain requirements................................... SB 478 Education; provide students at Georgia Military College; eligible for HOPE grants ............................................................................................................SB 194 Education; tuition equalization grants and HOPE scholarships and grants; revise certain definitions..........................................................................................SB 119 Elections; valid student identification card with photograph to vote; provide .....................................................................................................................HB 707 Herty Advanced Materials Development Center; change provision; rename and transfer governance to Board of Regents ............................................SB 396 HOPE; grants; eliminate the minimum grade point average requirement for maintaining eligibility for a HOPE grant...........................................................SB 335 HOPE; limit the number of Zell Miller Scholars at eligible public postsecondary institutions........................................................................................SB 419 HOPE; provide that the Georgia Student Finance Commission shall establish amount awarded each year ...................................................................... SB 235 HOPE Scholarship; revise the definition of the term "Zell Miller Scholar" ...........SB 334 HOPE Scholarships; add a maximum annual household income requirement for purposes of eligibility ................................................................... SB 336 HOPE Scholarships; add a maximum annual household income requirement for purposes of eligibility ................................................................... SB 423 HOPE Scholarships; home study students; minimum SAT or ACT score for purposes of eligibility; revise requirements.......................................................SB 451 HOPE Scholarships; provide lottery proceeds appropriated proportionally by the regions; definition .........................................................................................SB 420 HOPE Scholarships; provide students receiving scholarships who require remedial classes shall not be enrolled in research universities; Georgia Lottery Corporation Legislative Oversight Committee...........................................SB 131 INDEX 4947 HOPE Scholarships; revise the definition of a Zell Miller Scholar ........................SB 422 Nonpublic Postsecondary Educational Institutions Act of 1990; operate by means of accreditation; provide authorization....................................................HB 792 University System of Georgia; Board of Regents establish process; granting veterans academic credit; previous instruction while in military..............SB 328 University System of Georgia; Board of Regents establish process; veterans receiving educational benefits .................................................................. SB 327 POULAN, CITY OF Poulan, City of; mayor and council members; change the terms of office .............SB 277 PRETRIAL PROCEEDINGS Criminal Procedure; provide that a defendant must be found mentally retarded by a preponderance of the evidence .........................................................SB 443 Criminal Proceedings; provide for consideration of victim's impact statement; following a plea of insanity and mental incompetency..........................SB 256 PRIVATE DETECTIVE AND PRIVATE SECURITY BUSINESSES Motor Vehicles; add certain persons; authorized to receive motor vehicle registration records ................................................................................................. SB 421 Private Detective and Security Businesses; provisions; exclude persons certified by Georgia Peace Officer Standard and Training Council......................... SB 15 PROBATE COURTS Courts; clerks shall provide for the scanning and electronic retention of wills; create a registry of powers of attorney executed by elder persons................SB 260 Courts; eligibility requirements; probate court clerks; modify provisions..............HB 534 Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 PROBATION Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 Traffic Offenses; person convicted of endangering a child by driving under the influence; ignition interlock device .......................................................... SB 41 Workers' Compensation; parties to franchise agreement not considered employees; provide .................................................................................................HB 548 4948 INDEX PROFESSIONAL COUNSELORS, SOCIAL WORKERS, AND MARRIAGE AND FAMILY THERAPISTS Social Workers; requirements for licensure; revise provisions ...............................HB 434 PROFESSIONS AND BUSINESSES Advanced Practice Registered Nurses; delegation of authority to order radiographic imaging tests; revise provisions .........................................................SB 386 Brandon Harris Act; provide certain requirements of sleep centers........................SB 504 Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 Contractors; State Licensing Board for Residential and General Contractors; change certain duties...........................................................................SB 106 Controlled Substances; changes to definition of written prescriptions for dangerous drugs; revise a definition ....................................................................... SB 378 Cosmetologists; examinations and applications for certificates of registration; change certain provisions ...................................................................HB 374 Crimes and Offenses; increase the punishment for aggravated assault upon a nurse while engaged in his or her official duties ........................................ SB 465 Dentistry; provide waivers of certain continuing education requirements............... SB 24 Disposition of Veterans' Cremated Remains Act; provide for a determination; deceased veteran; certain notifications............................................SB 372 Georgia Athletic and Entertainment Commission; revise definitions; require certain safety standards; Georgia Boxing Association................................. SB 78 Georgia Composite Medical Board; provide for additional powers; enact the "Georgia Pain Management Clinic Act"; require licensure...............................SB 453 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Pain Management Clinic Act; enact ..........................................................HB 972 Georgia Volunteers in Dentistry and Dental Hygiene Act; provide for special licenses for dentists and dental hygienists licensed in other jurisdictions..............................................................................................................SB 338 Health; disclosures regarding the materials used in making dental prosthetics and other dental appliances; definitions; sanctions ...............................SB 375 Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................................SB 361 Income Tax Credits; business enterprises located in less developed areas designated by tiers; provide .....................................................................................HB 868 Massage Therapists; provide that an applicant for a license by endorsement shall provide certain information .......................................................SB 143 Motor Vehicles; add certain persons; authorized to receive motor vehicle registration records ................................................................................................. SB 421 Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 INDEX 4949 Music Therapists; require licensure by the Secretary of State; establishment of Music Therapy Advisory Group ..................................................SB 414 Nurses; add mandatory reporting provisions...........................................................SB 376 Nurses; approved nursing education programs; revise definitions..........................HB 675 Nurses; prohibit the use of the title "nurse" unless licensed as a registered professional nurse ..................................................................................................... SB 67 Nurses; provide for continuing competency requirements; renewal of licenses.....................................................................................................................SB 368 Nurse Licensure Compact; provide multistate licensures to practice as registered nurse ....................................................................................................... SB 282 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Patient Right to Know; administrative remedies; prior to inmate filing a complaint; Georgia Composite Medical Board .......................................................SB 485 Patient Self-Referral; revise the definition of "rural area" ..................................... SB 470 Perfusionists; revise continuing education requirements; definition........................ SB 66 Personal Fitness Trainers; provide licensure; definitions; establish Georgia Board of Fitness Trainers...........................................................................SB 204 Pharmacists and Pharmacies; revise definition of security paper .........................H..B 1069 Physicians; authorize the administration of vaccines by pharmacists or nurses; vaccine protocol agreements with physicians .............................................SB 288 Private Detective and Security Businesses; provisions; exclude persons certified by Georgia Peace Officer Standard and Training Council......................... SB 15 Professions and Businesses; prohibition against licensees engaging in unfair trade practices; change provisions ................................................................SB 250 Professions and Businesses; real estate professionals; change certain provisions.................................................................................................................HB 880 Radiographers, Radiation Therapists; provide for licensing; regulate; medical imaging and radiation therapy procedures; diagnostic or therapeutic purposes ................................................................................................SB 179 Real Estate Professionals; provisions ..................................................................... SB 365 Registered Professional Nurse; requirements for preceptorship for applicants; revise ....................................................................................................HB 470 Secondary Metal Recyclers; comprehensive revision of provisions.......................SB 321 Social Workers; requirements for licensure; revise provisions ...............................HB 434 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 Taxation; nonresident subcontractor withholding payments; change required percentage.................................................................................................HB 932 Veterinarians; application for license; revise provisions........................................HB 409 Veterinary Medicine; provide an additional exemption ..........................................SB 324 4950 INDEX PROPERTY Ad Valorem Taxation; preferential assessment of brownfield property; extend under certain circumstances ........................................................................HB 994 Bona fide Conservation Use Property; covenants; change certain qualifications and restrictions ..................................................................................HB 916 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Conveyances; future conveyance of real property; prohibit fee..............................HB 129 Counties and Municipal Corporations; owner of property against which a notice of code of violation has been sent; fails to correct; subject to daily fine ...........................................................................................................................SB 262 Crime; criminal damage to property in the second degree; include security cameras...................................................................................................... SB 263 Estates; provide for a tenancy in the entirety; exceptions ........................................ SB 28 Foreclosure; time of delivery of notice of proceedings; change .............................HB 419 Georgia Self-service Storage Facility Act of 2012; definitions; change the due date for monthly rental payments .................................................................... SB 512 Joint Crematoria Study Committee; create..............................................................SR 104 Levy and Sale of Property; change the amount of certain exemptions ...................SB 117 Mortgage Lenders and Brokers; certain mortgage activities without a license; prohibit ......................................................................................................HB 946 Mortgage, Liens, Security; provide for lenders to give notice to contractors; construction loan is nearing default; definitions; procedures..............SB 466 Mortgages and Liens; vacant and foreclosed real property registries; provide .....................................................................................................................HB 110 Motor Vehicle Reparations; change definitions of medical payments coverage ...................................................................................................................SB 192 Pawnbrokers; provide limitations regarding certain fees or taxes; transactions ..............................................................................................................SB 379 Pawnbrokers; provide limitations regarding certain fees or taxes for pawnbroker transactions ..........................................................................................SB 233 Property; covenants; clarify provisions ..................................................................HB 728 Property; covenants; provisions; adopted prior to the adoption of zoning laws ..........................................................................................................................SB 340 Property; notices of sales made on foreclosure under power of sale shall be provided to all debtors ........................................................................................SB 333 Property; prohibit covenants for a planned subdivision and a property owners' association ................................................................................................... SB 99 Property; provide for transfer of control of a condominium association in certain circumstances...............................................................................................SB 136 Property; security deeds; foreclosures; transfer; Georgia Residential Mortgage Fraud and Foreclosure Fraud Act; provisions........................................ SB 123 Real Estate Professionals; provisions ..................................................................... SB 365 INDEX 4951 Residential Mortgage Fraud; mortgage lending process; revise definition.............HB 237 Revenue and Taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax ...........HB 729 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 Specialized Land Transactions; require the purchaser of a condominium development at a foreclosure; take title subject to lien in favor of condominium ...........................................................................................................SB 479 Taxation; unreturned property; eliminate population provisions; provide penalties .................................................................................................................H..B 1165 Uniform Partition of Heirs Property Act; enact.......................................................HB 744 PROSECUTING ATTORNEYS Elections; district attorneys; provide for nonpartisan election ................................. SB 72 Judicial Circuits; assistant district attorney for certain populations; repeal office .......................................................................................................................HB 929 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 PSYCHOLOGISTS Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 Professions and Businesses; prohibition against licensees engaging in unfair trade practices; change provisions ................................................................SB 250 PUBLIC ADMINISTRATION, OFFENSES AGAINST Crimes and Offenses; new crime of false lien statements against public officers; provide......................................................................................................HB 997 Crimes and Offenses; prohibit intimidation of law enforcement officers in retaliation for officer's actions of carrying out official duties ................................HB 541 Criminal Offenses; provide for new offense of transmitting a false report; penalties ...................................................................................................................SB 225 Elections; provide circulators of petitions shall be required to verify the identity of persons signing the petition................................................................... SB 377 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 Firearms; carrying and possession; definitions; penalties; issuance and qualifications for firearms licenses; provisions .......................................................SB 102 4952 INDEX Georgia Public Works and Contractor Protection Act; enact; redefine a certain term; clarify provisions................................................................................... SB 3 Juvenile Proceedings; revise provisions ................................................................. SB 127 License Plates; require a sworn statement by an applicant for a tag renewal...................................................................................................................... SB 59 Obstruction of Public Administration; establish the offense of unlawful pointing of a laser device at a law enforcement officer; penalties ..........................SB 441 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 Rules of the Road; change the inference for identifying driver in cases involving traffic-control signal monitoring devices ................................................. SB 60 PUBLIC ASSISTANCE Georgia Medicaid Access Act; establish; provide for filing of a proposed complaint of a medical malpractice claim against a medical assistance provider....................................................................................................................SB 149 Georgia Medical Assistance Fraud Prevention Program; enact ............................... SB 63 Georgia Taxpayer Protection False Claims Act; enact............................................HB 822 Public Assistance; applicants for food stamps and temporary assistance; require personal growth activities............................................................................SB 312 Social Responsibility and Accountability Act; enact ..............................................HB 861 Social Responsibility and Accountability Act; enact; drug test; temporary assistance for needy families or Medicaid benefits; requirements ..........................SB 292 PUBLIC CONTRACTS Georgia Public Works and Contractor Protection Act; enact; redefine a certain term; clarify provisions................................................................................... SB 3 Georgia Public Works and Contractor Protection Act; redefine a certain term; provisions ........................................................................................................ SB 27 Guaranteed Asset Protection Waivers; retail seller's requirements to insure waiver obligations; provide exception..........................................................HB 820 Municipalities; law enforcement contracts; population brackets and census; change provisions .....................................................................................H..B 1026 Public Contracts; provide exception to the public works affidavit requirements ............................................................................................................SB 217 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 PUBLIC HEALTH AND MORALS, OFFENSES AGAINST Abortion; criminal abortion; change certain provisions ..........................................HB 954 Child Abuse; expand mandatory reporting of child abuse; provide for definitions ................................................................................................................SB 164 INDEX 4953 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Motor Vehicles; driving under the influence; change the age of a child constituting child endangerment; penalties .............................................................. SB 44 Pain-Capable Unborn Child Protection Act; enact; regulate the performance of abortions.........................................................................................SB 209 Probation; prohibit first offender treatment for certain crimes involving law enforcement officers .........................................................................................SB 231 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 PUBLIC LAWSUITS Real Estate Professionals; provisions ..................................................................... SB 365 PUBLIC OFFICERS AND EMPLOYEES Agriculture Commissioner; authorized to require persons incurring civil penalties to obtain a surety bond .............................................................................SB 367 Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions .................................HB 766 Budget Act; zero-base budgeting; provide ...............................................................HB 33 Budgetary and Financial Affairs; automatic fee adjustment in certain cases; provide...........................................................................................................HB 811 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crimes and Offenses; contracts; payment of attorney's fees; provisions; prohibit contingent compensation under certain circumstances..............................SB 181 Education; authority for the State School Superintendent to employ and dismiss employees .................................................................................................... SB 38 Ethics; rename to State Accountability Commission; campaign contributions; change provision; revise "Ethics in Government Act" ....................SB 391 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 Foundations of American Law and Government Displays; revise provisions.................................................................................................................SB 424 General Assembly; fiscal notes for bills changing compensation; change provisions.................................................................................................................SB 429 Georgia Composite Medical Board; provide for additional powers; enact the "Georgia Pain Management Clinic Act"; require licensure...............................SB 453 Georgia Emergency Management Agency; eliminate the licensing of nongovernmental rescue organizations .................................................................. SB 345 Georgia Pain Management Clinic Act; enact ..........................................................HB 972 Governor; authorized and directed to apply for a federal waiver; medical loss ratio requirements in Georgia............................................................................ SB 22 4954 INDEX Insurance; provide a religious exception; requirement that every health benefit policy provide coverage for contraceptives.................................................SB 460 Jarrett Little Act; indemnification payment shall be made to parents or siblings of such person; if person does not have unremarried spouse or dependents ...............................................................................................................SB 155 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 Local Government; conduct of directors of local development authorities; modify provisions ................................................................................................... SB 258 Natural Resources, Board of; compensation and reimbursement of members for expenses; provisions...........................................................................SB 259 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 Public Officials; prohibit from granting themselves licenses by waiving certain requirements; penalties ................................................................................SB 147 Secretary of State; create a will registry within the office; provide for administration of registry; access; fees................................................................... SB 387 Secretary of State; create the position of director of professional licensing; provide powers, duties, and responsibilities ...........................................SB 445 State Accounting Office; designate as the Comptroller General; transfer the office ..................................................................................................................SB 343 State Employees' Health Insurance Plan; provide that no health insurance plan for employees of the state shall offer coverage for abortion services .............SB 438 State Government; open meetings and records; revise provisions ..........................HB 397 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State Personnel Administration; comprehensive review of each state employment position ...............................................................................................SB 197 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services .................................................................HB 805 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions.....................................................SB 362 Zero-Base Budgeting; application to the budget process; analysis of departmental and program objectives....................................................................... SB 33 PUBLIC ORDER AND SAFETY, OFFENSES AGAINST Alcoholic Beverages; businesses where beverages are consumed with repeated incidents of violent conduct; impose penalties .......................................... SB 45 INDEX 4955 Courts; juvenile proceedings; substantially revise provisions................................HB 641 Crimes and Offenses; define a certain term; political subdivision shall not enact any ordinance more restrictive of sale or possession of knife than general law...............................................................................................................SB 432 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 Firearms; authorize persons between the ages of 18 and 21 to carry firearms under certain circumstances ..................................................................... SB 493 Firearms; carrying and possession; definitions; penalties; issuance and qualifications for firearms licenses; provisions .......................................................SB 102 Firearms; prohibit any additional limitations on carrying firearms during states of emergency................................................................................................... SB 26 Firearms; provide exemption from application of certain laws for persons possessing valid weapons carry licenses; exceptions ............................................... SB 98 Hunting; authorize the use of silencers on hunting firearms under certain circumstances...........................................................................................................SB 301 Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 Juvenile Proceedings; revise provisions ................................................................. SB 127 PUBLIC PROPERTY General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations................................................ SR 84 Local Government and Public Property; require certain procedures; leasing public property to private entity for nongovernmental purposes ................SB 498 Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 State Properties Code multiyear lease agreements; provide for fiscal policies to be adopted by the General Assembly ..................................................... SB 37 PUBLIC RETIREMENT SYSTEMS STANDARDS Employees' Retirement System of Georgia Enhanced Investment Authority Act; define certain terms relating to certain types of investments ..............................................................................................................SB 402 Peace Officers' Annuity and Benefit Fund; provide member disabled by injury; entitled to a disability benefit under certain conditions ...............................SB 242 Public Retirement Systems; duties of boards of trustees; provide ..........................HB 308 Retirement Bills; define a certain term...................................................................HB 293 Retirement; method of calculating accrued benefits; Employees' Retirement System of Georgia and Teachers' Retirement System of Georgia ....................................................................................................................SB 286 Retirement; provide an increase in the employee contribution; retirement benefit; conditions .................................................................................................. SB 246 4956 INDEX PUBLIC SAFETY, DEPARTMENT OF Fire Protection and Safety; consolidate primary state fire protection and safety services within a single agency; establish Department of Fire Safety .......................................................................................................................SB 186 Georgia Aviation Authority; provide transfer of certain personnel, aircraft to Department of Natural Resources, Transportation and State Forestry Commission .............................................................................................................SB 339 Public Safety, Department of; sell or trade surplus vehicles; allow........................HB 253 PUBLIC SCHOOL EMPLOYEES' RETIREMENT SYSTEM Retirement; provide an increase in the employee contribution; retirement benefit; conditions .................................................................................................. SB 246 PUBLIC SERVICE COMMISSION Consumers' Utility Counsel Division; not necessary to file copies of filings with Public Service Commission; provide ...................................................HB 769 Public Service Commission; chairperson; change the term and manner of election.....................................................................................................................SB 483 Public Service Commission; change description of the election districts; manner of election and term of office .................................................................... SB 382 Public Service Commission; procedure for issuance stocks, bonds, notes; provide exemption from those procedures under certain circumstances.................. SB 32 Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 Telecommunications; revise and update certain provisions; remove telegraph companies from jurisdiction of Public Service Commission ..................SB 454 PUBLIC UTILITIES AND TRANSPORTATION 9-1-1 System; revise the fees for service................................................................ SB 482 Consumers' Utility Counsel Division; not necessary to file copies of filings with Public Service Commission; provide ...................................................HB 769 Electric Utilities; consumers may elect not to use smart meters; Public Service Commission may create and regulate a surcharge for consumers who elect not to use smart meters............................................................................SB 459 Energy Purchase; amount of energy provider is required to purchase from generator; change....................................................................................................HB 520 Georgia Emergency Telephone Number 9-1-1 Service Act; eliminate the 9-1-1 Advisory Committee ......................................................................................SB 344 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions.......................H..B 1049 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee..............................................................................H..B 1080 INDEX 4957 Motor Fuel Tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ............................................................HB 743 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Public Service Commission; chairperson; change the term and manner of election.....................................................................................................................SB 483 Public Service Commission; change description of the election districts; manner of election and term of office .................................................................... SB 382 Public Service Commission; procedure for issuance stocks, bonds, notes; provide exemption from those procedures under certain circumstances.................. SB 32 Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 State Government; open meetings and records; revise provisions ..........................HB 397 Telecommunications; revise and update certain provisions; remove telegraph companies from jurisdiction of Public Service Commission ..................SB 454 The Georgia Cogeneration and Distributed Generation Act of 2001; change provisions; provide declaration of policy....................................................SB 401 Universal Access Fund; showing contributions on customer's bills; provide requirements ...............................................................................................HB 332 PULASKI COUNTY Pulaski County; Board of Education; change description of districts.....................HB 779 PUTNAM COUNTY Eatonton-Putnam Water and Sewer Authority; composition; change certain provisions .................................................................................................HB 1255 Putnam County; State Court; law provisions updated and consolidated; provide .....................................................................................................................HB 756 Putnam County; Board of Commissioners; change description of districts............HB 757 Putnam County; Board of Education; change method of electing members...................................................................................................................HB 723 Putnam County; change compensation for certain officials...................................HB 911 Q QUALITY BASIC EDUCATION Education; authorize public school students in charter schools and virtual schools to participate in extracurricular activities at resident schools ..................... SB 34 Quality Basic Education Act; provide various additional academic and extracurricular options for students; Online Clearinghouse Act; enact...................HB 175 4958 INDEX QUITMAN COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Lower Chattahoochee Regional Airport Authority; remove Clay County and Quitman County from membership .................................................................HB 903 Lower Chattahoochee Regional Transportation Authority Act; enact ....................HB 604 R RABUN COUNTY Rabun County; Board of Education; change description of districts ....................H..B 1101 RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS Forfeiture Proceedings; interest of an innocent owner; change certain provisions.................................................................................................................SB 230 Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .....................................................................HB 1114 Juvenile Proceedings; revise provisions ................................................................. SB 127 RADAR SPEED DETECTION DEVICES Motor Vehicles; provide for definitions; notification of the use of speed detection and enforcement devices..........................................................................SB 444 Rules of the Road; change the inference for identifying driver in cases involving traffic-control signal monitoring devices ................................................. SB 60 RAILROADS; TRANSPORTATION OF FREIGHT AND PASSENGERS Telecommunications; revise and update certain provisions; remove telegraph companies from jurisdiction of Public Service Commission ..................SB 454 RANDOLPH COUNTY Lower Chattahoochee Regional Transportation Authority Act; enact ....................HB 604 Randolph County; Board of Elections and Registration; create..............................HB 638 REAL ESTATE Professions and Businesses; prohibition against licensees engaging in unfair trade practices; change provisions ................................................................SB 250 Professions and Businesses; real estate professionals; change certain provisions.................................................................................................................HB 880 Real Estate Professionals; provisions ..................................................................... SB 365 INDEX 4959 REAPPORTIONMENT Citizens' Redistricting Commission; create; membership; duties ...........................SB 175 State House Districts; boundaries of certain districts; revise .................................HB 829 State Senate Districts; revise certain boundaries.....................................................SB 430 State Senate Districts; revise the boundaries...........................................................SB 509 REGENTS' RETIREMENT PLAN Retirement; provide election; Regents' Retirement Plan in lieu of Teachers' Retirement...............................................................................................SB 287 REHABILITATION SERVICES DIVISION Georgia Vocational Rehabilitation Services Board; create ..................................HB 1146 RESERVED College and University Special District Act of 2011 ............................................... SB 53 Local Government and Public Property; require certain procedures; leasing public property to private entity for nongovernmental purposes ................SB 498 RESOLUTIONS OF THE SENATE, PRIVILEDGED, URGING, STUDY COMMITTEES 11th Annual Clergy Day; recognize March 5, 2012................................................SR 968 11th Annual Clergy Day; recognize March 7, 2012................................................SR 807 15th Annual Collard Green Festival; recognize ......................................................SR 991 2011 Calhoun High School Football Team; recognize ...........................................SR 696 2011 Child Fatality Review Committee of the Year; recognize .............................SR 786 2011 Milton High School Girls Lacrosse Team; recognize ................................. SR 1228 2011 Woodstock Middle School Academic Bowl Team; recognize.......................SR 702 2012 Exceptional Adult Georgian in Literacy Education Delegates; commend..................................................................................................................SR 782 2012 Georgia Cotton Queens; recognize...............................................................S. R 1094 2012 Senate Administrative Assistants; recognize................................................S..R 1301 2012 Senate Aides; commend ...............................................................................S..R 1186 2012 Senate Interns; commend..............................................................................S..R 1187 25th Annual Law Enforcement Cookout; recognize .............................................S..R 1128 4-H Day; recognize 4-H Clubs of Georgia..............................................................SR 661 4th Civil Support Team; recognize..........................................................................SR 720 A Bag's Life Day; recognize February 28, 2012 ...................................................S..R 1040 Adams, Andrew; commend ...................................................................................S..R 1012 Adams, Rylan Charles; celebrate birth ................................................................. SR 1307 Adams, Mrs. Eunice Hines; condolences ................................................................SR 992 Adler, Leopold "Lee" III; condolences................................................................... SR 833 Affordable Care Act; recognizing and condemning the effect on the American Catholic Church ......................................................................................SR 828 4960 INDEX Affordable Care Act; recognizing and condemning the effect on the American Catholic Church ......................................................................................SR 828 Africa Heritage Foundation; Chief Tunde Adetunji; recognize ............................S..R 1017 Africa Heritage Foundation; Chief Tunde Adetunji; recognize ............................S..R 1017 African American Business Month; recognize March ..........................................S..R 1042 Ailion, Alyssa; Outstanding Scholar; commend .....................................................SR 894 Akpabio, Princess Pat; recognize ..........................................................................S..R 1167 Alaina, Lauren; recognize........................................................................................SR 954 Alapaha Judicial Circuit CFR Committees; recognize............................................SR 984 Albert, Jacob; commend ........................................................................................S..R 1248 Albert, Jake; commend ............................................................................................SR 998 Alfonso, Nathan; recognize ...................................................................................S..R 1272 Allen, Damien; commend........................................................................................SR 938 Alston, Alonzo K. "Lonnie"; honoring................................................................... SR 879 Alzheimer's Awareness Day; recognize February 13, 2012................................... SR 856 Ambassador Cheick Sidi Diarra; recognize.............................................................SR 804 American Association of Family and Consumer Sciences (AAFCS); recognize..................................................................................................................SR 672 American Business Women's Association Greenbriar Chapter; recognize...........S..R 1260 American Red Cross Month; recognize March 2012 ............................................S..R 1074 Anaphylaxis Awareness Week; recognize August 26 - September 1, 2012 .........S..R 1284 Anderson, Jenny Lynn; recognize ...........................................................................SR 768 Andert, Richard "Dick" Stephen; condolences........................................................SR 760 Andrews, Mr. George G.; recognize..................................................................... SR 1018 Andrews, Mr. Leonard Allen; condolences...........................................................S..R 1110 Ansley, Timothy "Tim"; recognize........................................................................S..R 1126 Anthony, Ms. Madeleine Kiker; honoring...............................................................SR 978 Archer, Ms. Jacqueline; recognize ........................................................................S..R 1240 Ariemma, Ms. Catherine; commend..................................................................... SR 1145 Arrington, Honorable Marvin S. Sr.; recognize ....................................................S..R 1142 Arrington, Honorable Marvin S. Sr.; recognize ....................................................S..R 1257 Atlanta Assistance League; recognize .................................................................. SR 1279 Atlanta Chapter of World Wings International, Inc.; recognize ...........................S..R 1361 Atlanta's John Marshall Law School's Negotiation Team; recognize .....................SR 985 Bail, Mrs. Lauren; commend ...................................................................................SR 940 Bailey, Sarah Randolph; recognize ...................................................................... SR 1106 Bailey, Trevor Rucker; condolences ...................................................................... SR 844 Baldwin County Mayor's Commission on Youth Leadership and High Achievers Program; recognize...............................................................................S..R 1105 Baldwin County Mayor's Commission on Youth Leadership and the High Achievers Program; recognize.................................................................................SR 679 Barrett, Kay Davidson; condolences ...................................................................... SR 758 Baxter, Brittney; commend....................................................................................S..R 1097 INDEX 4961 Belle, Ms. Regina; recognize.................................................................................S..R 1141 Bennett, Mr. Everett; condolences ........................................................................S..R 1241 Berger, Pamela; recognize .....................................................................................S..R 1020 Bethesda Academy Boys Basketball Team; congratulate .................................... SR 1305 Bhatta, Manasa; recognize.....................................................................................S..R 1010 Bias, Mr. Richard R.; recognize ............................................................................S..R 1161 Bikers Day; recognize February 29, 2012 .............................................................S..R 1070 Bland, Mr. Donald (Jones); condolences...............................................................S. R 1093 Blogger Day; recognize March 29, 2012...............................................................S. R 1304 Bobo, Ms. Patsy and Mr. Joe McGlamery; recognize...........................................S..R 1278 Boerner, Kaitlyn; commend ....................................................................................SR 861 Boggs, David Walter; recognize............................................................................S..R 1013 BOMA Day; declare February 22, 2012 ................................................................ SR 881 Bon, Nicholas R.; Outstanding Scholar; commend.................................................SR 908 Bond, Corey; recognize .........................................................................................S..R 1183 Boomershine, Walter and Winkie; recognize..........................................................SR 732 Borum, Mr. Bradford R. and Mrs. Shannon Lee Wallace; recognize ...................S..R 1303 Borum, Mr. Bradford R. and Ms. Shannon Leigh Wallace; recognize .................S..R 1369 Boston Elementary School; recognize.................................................................... SR 688 Bowen, Morgan; recognize......................................................................................SR 959 Boy Scouts of America Day; recognize March 21 ..................................................SR 669 Boyle, Mr. Kevin; commend ...................................................................................SR 931 Boynton Bandits; recognize.....................................................................................SR 724 Boys and Girls Clubs of Georgia; recognize .........................................................S..R 1208 Braswell, Mary Esther; Outstanding Scholar; commend ....................................... SR 897 Bremen Police Department; commend................................................................. SR 1099 Bremen Wal-mart Security; Manager Patrick Eller; commend ............................S..R 1096 Bridging the Digital Divide in Aging Communities; create Senate Study Committee................................................................................................................SR 473 Bridging the Gap of Georgia (BTGG); recognize ...................................................SR 884 Brint, Mrs. Everlena; recognize.............................................................................S..R 1230 Bristol-Myers Squibb Foundation, CSX Corporation, Pineland, Gateway, and Satilla Community Service Boards; recognize .................................................SR 794 Brooks, Jenny Lea R.; Outstanding Scholar; commend..........................................SR 895 Brown, Elisabeth Victoria; Outstanding Scholar; commend ................................. SR 921 Brown, Eddie Charles Jr.; condolences .................................................................. SR 864 Brown, Mr. Thomas D.; recognize ........................................................................S..R 1254 Brown, Mrs. Josephine Burdette; recognize..........................................................S..R 1203 Brown, Senator Robert; honoring..........................................................................S..R 1023 Brown, Stephanie; commend...................................................................................SR 862 Brown, Stephanie; recognize ...................................................................................SR 837 Brown, Thomas; recognize......................................................................................SR 838 Brown, Wylie; commend.........................................................................................SR 972 4962 INDEX Brown, Wylie; commend.........................................................................................SR 989 Bryant, Reverend Dean; condolences................................................................... SR 1271 Buckhead Coalition; recognize..............................................................................S..R 1144 Burke County High School Football Team; recognize ...........................................SR 683 Burnley, Reuben; commend ....................................................................................SR 874 Busbee, Mrs. Mary Beth; condolences ................................................................. SR 1127 Butler, Thermus; recognize .....................................................................................SR 817 Button Gwinnett Day; recognize second Wednesday of April of 2012 ................S..R 1285 Byrd, Mr. Joey; recognize .....................................................................................S..R 1224 Camille Roty and Elizabeth Pfaff; recognize ........................................................S..R 1059 Campbell, Anthony; honoring .................................................................................SR 664 Cantrell, Mrs. Lynn; commend................................................................................SR 928 Capitol Arts Standards Commission; urged to authorize placement of a portrait of Mrs. Coretta Scott King..........................................................................SR 359 Cardoza, Mr. Randy; recognize .............................................................................S..R 1229 Career, Technical, and Agricultural Education Month; recognize February 1 to February 29, 2012 ...........................................................................S..R 1055 Carnes, Sarah; recognize .........................................................................................SR 836 Carney, Mr. James "Moby"; recognize................................................................. SR 1051 Carrollton High School Cheerleading Squad; recognize...................................... SR 1089 Carrollton High School; recognize ........................................................................S..R 1092 Carruthers, Kyle Christopher; recognize ...............................................................S. R 1355 Carson, Bishop Kenneth Pierre; recognize............................................................S..R 1360 Carson, Ed; recognize..............................................................................................SR 981 Carter, Jody E.; Outstanding Scholar; commend ....................................................SR 901 Castaneda, Alma Guadalupe; Outstanding Scholar; commend...............................SR 904 Catholic Day; recognize February 7, 2012 ..............................................................SR 780 Centennial High School; recognize ........................................................................ SR 776 Chaffin, SFC Wade; commend..............................................................................S..R 1095 Chapman, Jeffrey Lyndon; recognize................................................................... SR 1076 Chattahoochee District; recognize.........................................................................S..R 1009 Chattahoochee High School; recognize.................................................................. SR 773 Cheek, Dr. Kathryn K.; recognize .........................................................................S..R 1115 Cheeley, Selma Medlock; condolences .................................................................. SR 948 Chef Jeanie Newton and the Culinary Arts Program at Hutchings Career Center; recognize .................................................................................................... SR 854 Cherokee County School District Social Studies Fair Winners; recognize ............SR 851 Cherokee High School; recognize ...........................................................................SR 950 Childhood Cancer Awareness Month; recognize September 2012 .........................SR 749 Children's Day; recognize February 28, 2012 .......................................................S..R 1058 Chisolm, Morgan Angelique; recognize................................................................SR 1340 CHRIS Kids Day; recognize March 22, 2012 .......................................................S..R 1185 INDEX 4963 Chronic Obstructive Pulmonary Disease Awareness Month; recognize May 2012 ...............................................................................................................S..R 1150 City Schools of Decatur Board of Education; recognize...................................... SR 1221 Civil Air Patrol; recognize.....................................................................................S..R 1073 Clay, Chaz Nicole; recognize ................................................................................S..R 1339 Clay, Olivia Braxton; recognize ............................................................................S..R 1359 Clayton County Fire and Emergency Services; honoring ...................................... SR 711 Cleland, Senator Max; recognize...........................................................................S..R 1245 Cleveland, Donald; recognize................................................................................S..R 1052 Coats, Catherine; condolences.................................................................................SR 654 Coes, III, Alvie; commend.......................................................................................SR 793 Coker, Mr. William Douglas "Doug" Sr.; condolences ........................................S..R 1280 Collins, Courtney Lynn; Outstanding Scholar; commend ..................................... SR 916 Columbia High School Boys Basketball Team; recognize .................................. SR 1234 Columbia High School Girls Basketball Team; recognize................................... SR 1233 Columbus Day; recognize February 7, 2012 ...........................................................SR 698 Comcast; recognize................................................................................................SR 1037 Community Affairs Department and Georgia Environmental Finance Authority; urge to set aside the adoption; Georgia amendments to the 2009 International Energy Conservation Code .....................................................S..R 1069 Community Health Centers Day; recognize February 9, 2012 ...............................SR 810 Community Health, Department of; urge to implement a public information campaign about folic acid consumption ..............................................SR 231 Concerned Black Citizens Coalition; recognize......................................................SR 665 Concrete Day; recognize March 14, 2012 .............................................................S..R 1131 Congress; urge to enact the FairTax ..................................................................... SR 1011 Congress; urge to expand the eligibility requirements; H-2A guest worker program....................................................................................................................SR 715 Congress; urge to impose a national moratorium on the imposition of the death penalty............................................................................................................SR 728 Congress; urge to prohibit Environmental Protection Agency from further regulating greenhouse gas emissions; without comprehensive economic and environmental study..........................................................................................SR 848 Conyers Presbyterian Church Congregation; Conyers, Georgia; recognize .........S..R 1199 Conyers, City of; recognize ...................................................................................S..R 1206 Cook, Chandler; commend ......................................................................................SR 936 Cook, Pastor Tamarkus T.; recognize .................................................................. SR 1138 Coosa High School Cheerleading Squad; recognize .............................................S..R 1075 Cordele Judicial Circuit CFR Committees; recognize ............................................SR 982 Cordele-Crisp County Fish Fry; recognize..............................................................SR 870 Corr, Victoria; Tara Janos; recognize..................................................................... SR 849 Coweta-Fayette-South Fulton County Forestry Unit; recognize...........................S..R 1008 Cox II, Jerome; recognize......................................................................................S..R 1354 4964 INDEX Cox, Taylor Louise; recognize ..............................................................................S..R 1338 Crabapple Middle School; recognize ..................................................................... SR 652 Creekview High School; recognize ........................................................................ SR 949 Cromer, David; commend .....................................................................................S..R 1146 Croom, Ryan; recognize ..........................................................................................SR 840 Croom, Ryan; recognize ..........................................................................................SR 882 Culbreth, Mrs. Gail; commend ................................................................................SR 929 Cutts, Mrs. Grace Virginia Richardson Humphrey; honoring ................................SR 832 Daniel, Ryan "R.D."; condolences ..........................................................................SR 841 Darrah, Dr. Shane; recognize ..................................................................................SR 700 Davis, Belva Allen; recognize ...............................................................................S..R 1180 Davis, Deja Regine; recognize ..............................................................................S..R 1337 Davis, Kelly; Outstanding Scholar; commend ........................................................SR 912 Davis, Mr. Ken; condolences ................................................................................S..R 1149 Days, Asia Michelle; recognize............................................................................S..R 1336 Decatur County Forestry Unit; recognize..............................................................S..R 1007 Demarcus, Mrs. Saralyn; commend ....................................................................... SR 927 Deremer, Matthew "Matt" Roy; Eagle Scout; recognize ....................................... SR 692 District 35 Legislative Day; recognize March 27, 2012........................................S..R 1283 District 35 Student Volunteers and Interns; recognize..........................................S..R 1364 District Governor Alan Bethel; recognize .............................................................S..R 1158 Doss, Brenda N.; Outstanding Scholar; commend ..................................................SR 903 Douglas, Faith; Outstanding Scholar; commend.....................................................SR 906 Drake, Noah Sevenson; commend.........................................................................S..R 1050 Drinking Water Security Day; recognize January 24, 2012................................... SR 705 Dryden, Lieutenant Irma C. "Pete"; recognize ......................................................S..R 1154 Dunlap, William Conrad; commend..................................................................... SR 1117 Dyer, Mr. David; commend...................................................................................S..R 1108 E.A. White Elementary School; honoring ...............................................................SR 818 Eaton, Iman Kyra; recognize .................................................................................S..R 1335 Eaves, Clifford Camp; honoring..............................................................................SR 756 Edwards, Mr. Franklin "Frank"; recognize............................................................S..R 1270 Effingham County Day; recognize January 23, 2012 .............................................SR 685 Effingham YMCA Christian Leadership Academy; recognize...............................SR 684 Ekta Parab and Caymus Price; recognize ..............................................................S..R 1231 Elder, Reverend Jimmy; recognize..........................................................................SR 986 Ellis, Ms. Inez Wilder Wheeler; recognize..............................................................SR 953 Emanuel County; recognize...................................................................................S..R 1039 Emergency Medical Services Day; recognize February 8, 2012 ............................SR 791 End the Commercial Sexual Exploitation of Children Day; recognize February 1, 2012 ..................................................................................................... SR 767 Engineers Week; recognize February 19-25, 2012 .................................................SR 967 INDEX 4965 Environmental Protection Division; urge to develop a Toxic Use Reduction Strategy................................................................................................ SR 1162 Environmental Protection Division; urge to provide expeditious review and ultimate approval of water and wastewater facility plans and permits...........S..R 1281 Epiphany Lutheran Church Congregation; Conyers, Georgia; recognize.............S..R 1202 Equine Youth Day; recognize February 7, 2012 .....................................................SR 798 Ervin, Mr. Wayne; recognize ................................................................................S..R 1147 Eta Phi Beta Sorority; recognize ...........................................................................S..R 1164 Etowah High School; recognize ..............................................................................SR 951 Evans, Mother Dorethea Daye; recognize .............................................................S..R 1274 Ewing, Melody; commend.....................................................................................S..R 1035 Farrar, Anthony Todd; recognize ..........................................................................S..R 1353 Farrar, Christian; recognize .....................................................................................SR 811 Farris, Michael; Eagle Scout; recognize................................................................. SR 747 Farris, Mrs. Christine King; recognize ................................................................. SR 1192 Federal Energy Regulatory Commission; request the safety of allowing El Paso Corporation to transport liquefied natural gas through Georgia ................SR 431 Federal Energy Regulatory Commission; urged to carefully consider the safety aspects; El Paso Corporation to transport liquefied natural gas ...................SR 311 Federal Government; urge to cease the collection of motor fuel taxes in Georgia ..................................................................................................................S..R 1243 Fincher, Ms. Alice; recognize................................................................................S..R 1318 Findley Oaks Elementary School's DAR Essay Contest Winners; recognize..................................................................................................................SR 852 Fire Station 19 Firefighters; recognize ................................................................. SR 1148 Firefighters' Recognition Day; observe February 7.................................................SR 660 Fitzmaurice, Patrick; recognize ...............................................................................SR 868 Fix a Leak Week; recognize March 12-18, 2012 ..................................................S..R 1120 Flanders, Mr. Frank B. Jr.; condolences................................................................SR 1168 Flowery Branch Parachute Packers; recognize .......................................................SR 644 Foran, Michael A.; recognize ................................................................................S..R 1125 Forgay, Mr. Ryan; recognize .................................................................................S..R 1357 Forsyth, Jennifer; recognize ....................................................................................SR 779 Fourth Annual Omega Psi Phi Fraternity, Inc.; recognize March 13, 2012..........S..R 1133 Fowler, Mr. Andy; recognize ................................................................................S..R 1320 Francis, Cory; recognize..........................................................................................SR 805 Franco, Sergeant Walter; recognize...................................................................... SR 1268 Frank N. Osborne Middle School; Principal John Campbell; recognize ................SR 829 Franklin, Dr. Robert Michael; recognize...............................................................S. R 1191 Freeland, Lieutenant James; recognize................................................................. SR 1066 Freeman, Mrs. Jo Neal; condolences.................................................................... SR 1140 Fremont, Honorable John C.; recognize ................................................................. SR 680 Fulton Science Academy Charter High School; recognize .................................... SR 769 4966 INDEX Future Farmers of America Day; recognize February 21....................................... SR 656 Gainesville High School Key Club; recognize......................................................S..R 1103 Gainesville State College's Politically Incorrect Club; recognize.........................S..R 1212 Gainesville-Hall County Day; recognize February 9, 2012 ................................... SR 802 Gale, Officer Courtney; recognize.........................................................................S..R 1118 Gallagher, Mr. Patrick; commend ...........................................................................SR 875 Garden, Chloe Alysse; recognize ..........................................................................S..R 1334 Garrison, A.A. "Andy" Jr.; recognize..................................................................... SR 737 Gary, William Rodney Jr.; recognize ................................................................... SR 1358 Gates, Abrya Nykole; recognize............................................................................S..R 1333 Genocide Prevention and Awareness Month; recognize April 2012 ....................S..R 1081 Georgia Congressional Delegation; urged to pursue an equitable, longterm resolution; growth rate formula; medicare reimbursement for Georgia Physicians ................................................................................................. SR 524 Georgia Dental Association's Mission of Mercy; recognize .................................. SR 670 Georgia Department of Education; urged to implement cardiopulmonary resuscitation (CPR) classes in the public schools ...................................................SR 590 Georgia Department of Transportation; urged to adopt a comprehensive Complete Streets policy...........................................................................................SR 945 Georgia Farm Bureau Federation Day; recognize February 14 ..............................SR 657 Georgia Fire Service; opposing the utilization of incarcerated inmates to staff municipal and county fire stations.................................................................. SR 801 Georgia Food Bank Association Day; recognize February 1, 2012 ........................SR 763 Georgia Food Industry Association; recognize .....................................................S..R 1311 Georgia Guard Soldiers and Airmen; recognize......................................................SR 958 Georgia History Month; recognize September......................................................S..R 1291 Georgia Institute of Technology; commend............................................................SR 847 Georgia IronDawgs Bench Press; recognize .........................................................S..R 1135 Georgia Links Day; recognize March 14, 2012 ......................................................SR 831 Georgia Music Day; recognize January 24, 2012....................................................SR 703 Georgia National Guard; commend........................................................................ SR 876 Georgia Peach Festival; commend ..........................................................................SR 740 Georgia Pre-K Week; recognize first week of October 2012................................SR 1176 Georgia School Choice Week; recognize January 22-28, 2012 ..............................SR 668 Georgia Speech-Language-Hearing Association Day; recognize March 19, 2012 ..................................................................................................... SR 1119 Georgia State University Day; recognize February 2, 2012................................... SR 755 Georgia State University's Legislative Health Policy Certificate Program and Advanced Health Policy Institute; recognize....................................................SR 857 Georgia Student Finance Commission; urge to provide the General Assembly with data; asses whether HOPE is meeting desired results ....................SR 842 Georgia Students of Classical Conversations, Inc.; commend................................SR 869 Georgia Tech Cooperative Education Program; commend.................................. SR 1173 INDEX 4967 Georgia Tech Student Day; recognize student leaders at Georgia Tech .................SR 653 Georgia Year of Cooperatives; recognize 2012 ....................................................S..R 1121 Georgia's Cooperatives; commend ........................................................................S..R 1102 Georgia's Day of Remembrance of the Armenian Genocide of 19151923; recognize April 24, 2012 .............................................................................S..R 1290 Georgia's Day of Remembrance of the Armenian Genocide of 19151923; recognize April 24, 2012 .............................................................................S..R 1314 Georgia's District Attorneys; urged to invest in resources in solving homicides, providing public safety program instead of seeking death penalty......................................................................................................................SR 155 Geren, Mr. Todd; commend ....................................................................................SR 941 Gilbert, Madison; recognize ....................................................................................SR 813 Gilstrap, David Sanders; recognize ...................................................................... SR 1352 Girl Scouts of the United States of America; recognize..........................................SR 709 Gober, Isaiah; Outstanding Scholar; commend.......................................................SR 911 Gober, Joshua; Outstanding Scholar; commend......................................................SR 910 Goodman, Elijah; recognize ....................................................................................SR 850 Gordon Lee High School Wrestling Team; recognize ..........................................S..R 1264 Gordon Lee Softball Team; recognize.................................................................... SR 866 Grace Lutheran Church; recognize........................................................................S..R 1367 Grant, Deon; recognize............................................................................................SR 855 Graves, Reverend Dwight; recognize ..................................................................... SR 707 Grayson High School Football Team; recognize ..................................................S..R 1226 Greater Atlanta McDonald's Operators Association; recognize..............................SR 825 Green, Ryan Kristopher; recognize ...................................................................... SR 1351 Griffin, Sara; commend ...........................................................................................SR 996 Griffin, Sara; commend .........................................................................................S..R 1031 Gunner, Cameron David; recognize ..................................................................... SR 1350 Gunner, III, Larry David; recognize ..................................................................... SR 1356 Gunning, Chaz; Eagle Scout; recognize ................................................................. SR 746 Gwinnett County Day; recognize February 22, 2012..............................................SR 971 Hadassah; recognize ..............................................................................................S..R 1022 Hall, Meosha Rachal; recognize ............................................................................S..R 1332 Hall, Stan L.; recognize ...........................................................................................SR 815 Hampton, Lakeisha Nashay; Outstanding Scholar; commend ................................SR 915 Hancock, Erin; commend ........................................................................................SR 935 Hanks, Dr. Lawrence J. Sr.; condolences ..............................................................S..R 1132 Harbison, Mrs. Cecilia; condolences .................................................................... SR 1288 Harmon, Dr. W. Ken; recognize............................................................................S..R 1276 Harmon, Dr. W. Ken; recognize............................................................................S..R 1365 Harmon, Mrs. Jeanette Moss; condolences .............................................................SR 964 Harpst, Ethel; recognize.........................................................................................S..R 1082 Harrison, Timothy Zachary; recognize................................................................. SR 1349 4968 INDEX Harris-Simmons, Ms. Melanie B.; recognize ........................................................S..R 1080 Harvey, Michelle Gignilliat; condolences .............................................................S..R 1079 Harwood, Donald Eugene; honoring ...................................................................... SR 681 Hayslett, Ms. Marlitt; recognize ............................................................................S..R 1194 Health and Wellness Initiatives; urge to raise public awareness on constituency health and wellness issues ................................................................. SR 834 Health Awareness Day; recognize February 15, 2012 ............................................SR 808 Health Care Transformation; Senate study committee; create ................................. SR 54 Hecht, William H. "Bill"; recognize..................................................................... SR 1101 Henderson, Hayley Nicole; Outstanding Scholar; commend................................. SR 892 Hendricks, Skylar R.; Outstanding Scholar; commend...........................................SR 893 Henley, Mr. Emmitt Wilson Jr.; condolences .......................................................S..R 1236 Herbert, Heather Erin; Outstanding Scholar; commend..........................................SR 891 Heritage High School Girls Cross Country Team; congratulate .............................SR 867 Heritage High School Wrestling Team; recognize................................................S..R 1269 Herold, Timothy James; commend........................................................................S..R 1171 Herrel, Kristin Theresa; Outstanding Scholar; commend ...................................... SR 919 Herrin, Ms. Priscilla; recognize .............................................................................S..R 1316 Higgins, Mr. David; recognize ..............................................................................S..R 1319 Hill, Jordan; commend.............................................................................................SR 934 Hines, Fredrick Howard; condolences.................................................................... SR 751 Hinton, Mr. Russell; commend..............................................................................S..R 1287 His Royal Majesty Igwe Ralph Obumnnemeh Ekpeh and Association of Enugwu-Ukwu Indigenes in the U.S. of America; recognize ...............................S. R 1259 Holcombe, Ms. Vickey; recognize ........................................................................S..R 1294 Hooks, Senator George; recognize ........................................................................S..R 1372 Hope, Shane; recognize ...........................................................................................SR 957 Howard, Paul L. III; recognize ..............................................................................S..R 1348 Howard, Mr. David; recognize ..............................................................................S..R 1322 Howell, Scotty; recognize........................................................................................SR 744 Howell, Vikki; recognize.........................................................................................SR 787 Howell, Vikki; recognize.......................................................................................S..R 1362 Hudson, Dr. Charles D.; condolences................................................................... SR 1038 Hugh Hodgson School of Music at University of Georgia; honoring.....................SR 827 Hullander, Vanita; recognize ...................................................................................SR 790 Hunt, Dr. Johnny M.; honoring ...............................................................................SR 647 Hunter, Coach Ron; recognize...............................................................................S..R 1174 Independent Bookstores and Booksellers; recognize ............................................S..R 1219 Iverson, Brother John W. Sr.; recognize ................................................................ SR 676 J.J. Biello Park Cherokee Tennis Court Center's USTA Senior Women's Team; commend ................................................................................................... SR 1139 Jackson Electric Membership Corporation; recognize............................................SR 757 Jackson, Edwin; recognize.......................................................................................SR 762 INDEX 4969 Jacobs, Mr. Kevin; commend ..................................................................................SR 930 Jagiella, Dr. Waclav "Walter" James Constantine; condolences...........................S..R 1286 Jeffords, Stephanie Grace; Outstanding Scholar; commend .................................. SR 896 Johns Creek High School; recognize...................................................................... SR 772 Johnson, Allison Miller; recognize..........................................................................SR 880 Johnson, Honorable Leroy R.; recognize ................................................................SR 946 Johnson, Lil Willie; recognize...............................................................................S..R 1363 Johnson, Mr. Frank J.; recognize...........................................................................S..R 1238 Johnson, Mr. Richie; recognize .............................................................................S..R 1195 Johnston, Ms. Tera Davis; commend ................................................................... SR 1116 Jones, Dub; condolences..........................................................................................SR 759 Jones, Laura M.; Outstanding Scholar; commend...................................................SR 905 Jones, Martin; recognize........................................................................................S..R 1021 Jones-Claiborne, Becky; honoring ..........................................................................SR 699 Joshua Project Worldwide; recognize .................................................................. SR 1315 Kania, Adam; Eagle Scout; recognize .................................................................... SR 748 Kaplan, Tyler J.; recognize....................................................................................S..R 1166 Kelley, Ron; recognize ..........................................................................................S..R 1263 Kennell, Timothy I.; Outstanding Scholar; commend.............................................SR 922 Kick Butts Day; recognize March 21, 2012 ..........................................................S..R 1143 Kittle, Mr. Fred; recognize ....................................................................................S..R 1134 Kreafle, Harrison; commend ...................................................................................SR 933 Kumar, Agni; recognize...........................................................................................SR 821 Lakeview Ft. Oglethorpe High School Academic Decathlon Team; commend................................................................................................................S..R 1165 Land, Judge John Henry; condolences ................................................................. SR 1297 Lawrence, Max; recognize.....................................................................................S..R 1262 Layton, Susan; commend.........................................................................................SR 974 Lee, Mr. James Foon; recognize............................................................................S..R 1204 Lembeck, Dr. Emily; commend ..............................................................................SR 741 Lieutenant Colonel Shirley Arnold; recognize......................................................S..R 1310 Lieutenant Kristi Peterson Wigington; recognize .................................................S..R 1210 Lieutenant Matt O'Keefe; recognize..................................................................... SR 1225 Life Church Congregation; Conyers, Georgia; recognize .................................... SR 1198 LifeSouth Community Blood Centers and the Five Points of Life Foundation; recognize ...........................................................................................S..R 1026 Link, Tina; commend.............................................................................................S..R 1001 Little, James Gardner; Outstanding Scholar; commend..........................................SR 890 Little, Mrs. Mattie Ruth; commend ........................................................................ SR 980 Local Board of Education; urged to adopt policies requiring vending machines in schools be stocked with only healthy options .................................... SR 480 Local Boards of Education; urged after 2014 to purchase only school buses equipped with video cameras........................................................................ SR 479 4970 INDEX Long, Emilie Marie-Louise; recognize................................................................... SR 736 Love, Kyle; recognize............................................................................................S..R 1218 Lower Muskogee Creek Indian Tribe of Georgia; supporting federal recognition ...............................................................................................................SR 493 Loyd, Ms. Ann E.; recognize.................................................................................S..R 1123 Lucy C. Laney High School Boys Basketball Team; recognize ...........................S..R 1222 Lupus Awareness Day; declare February 15, 2012.................................................SR 753 Macon Day; observe February 29, 2012 ................................................................ SR 966 Macon-Bibb County Fire Department; recognize .................................................S..R 1237 Major General Peter J. Boylan; recognize...............................................................SR 859 Malicki, Honorable Catherine E.; recognize ...........................................................SR 650 MAP International; recognize ...............................................................................S..R 1300 Mapp, Maya; recognize .........................................................................................S..R 1182 March of Dimes Day; recognize March 5, 2012 ...................................................S..R 1086 Martin, David; commend.......................................................................................S..R 1004 Martin, David; commend.......................................................................................S..R 1047 Martin, Mr. Rodney; commend ...............................................................................SR 939 Mason, Isabel; commend .......................................................................................S..R 1033 Mayor Pro Tempore Robert L. Thomas; condolences ..........................................S..R 1063 McConnell, Mary Beth; Outstanding Scholar; commend ...................................... SR 924 McCuin, Chelsea LaShawn; recognize................................................................. SR 1331 McCully, Richard P.; recognize ............................................................................S..R 1275 McEachern High School Girls Basketball Team; commend................................ SR 1189 McGaw, Officer Keith; recognize .........................................................................S..R 1266 McNeal, Dr. Lorenzo P.; condolences.................................................................. SR 1249 Men of Hidden Lake; recognize ..............................................................................SR 846 Men's Health Awareness Day; recognize June 1, 2012...........................................SR 888 Merck, Marion; recognize .......................................................................................SR 733 Middlebrooks, Mr. Steve; recognize .................................................................... SR 1247 Miller Grove High School Boys Basketball Team; recognize ..............................S..R 1251 Miller Grove High School Girls Basketball Team; recognize ..............................S..R 1232 Miller, Matthew Joseph; recognize ...................................................................... SR 1347 Millican, Staff Sergeant Scott; recognize ..............................................................S..R 1177 Million, Smith Brian; celebrate birth...................................................................... SR 960 Milton High School Boys Basketball Team; commend ........................................S..R 1155 Milton High School Football Team; commend.......................................................SR 823 Milton High School; recognize................................................................................SR 777 Mincey, Katherine A.; Outstanding Scholar; commend ........................................ SR 900 Miss Cherokee Rose Outstanding Teen 2012 Anna Tucker; recognize..................SR 860 Mitchell, Mr. Irving S.; condolences .................................................................... SR 1190 Molinaro, Tyler; commend......................................................................................SR 995 Molinaro, Tyler; commend....................................................................................S..R 1045 Moore, Matthew; recognize...................................................................................S..R 1261 INDEX 4971 Moore, Rodney G.; recognize................................................................................S..R 1346 Moore, Charles H. Sr.; condolences ....................................................................... SR 993 Morgan, Mrs. Jean Anderson; recognize...............................................................S. R 1250 Morgan, Ms. Pam; recognize.................................................................................S..R 1179 Morrill Act; recognize ...........................................................................................S..R 1090 Morrill Act; recognize ...........................................................................................S..R 1193 Morris, Cheyanne Aleah; recognize ..................................................................... SR 1330 Morrison, Emily; commend...................................................................................S..R 1003 Morrison, Emily; commend...................................................................................S..R 1030 Morrow Mayor James "Jim" Millirons; recognize ..................................................SR 648 Mothers Against Drunk Driving Georgia; recognize ..............................................SR 877 Mountain Caucus of the Georgia State Senate; create ..........................................S..R 1014 Mr. Bill Donald Wilkinson and Mrs. Dorothy Francis Andrews Wilkinson; condolences.........................................................................................S..R 1256 Ms. Ja'Naan; recognize ..........................................................................................S..R 1175 Mulligan, Corry; commend .....................................................................................SR 975 Mullis, Victoria; Outstanding Scholar; commend...................................................SR 898 Multi-Agency Alliance for Children Day; recognize February 6, 2012 .................SR 795 Multiple Sclerosis Awareness Day; recognize March 22, 2012............................S..R 1227 Munford, Ms. Lottie Mae Reid; honoring .............................................................S..R 1136 Murrah, Mr. William Nolan Jr.; condolences........................................................S..R 1298 National Alumnae Association of Spelman College-Atlanta Chapter Day; recognize February 17, 2012 ...................................................................................SR 871 National Apartment Careers Month; recognize the month of February..................SR 803 National Council of Negro Women; DeKalb Section; recognize .........................S..R 1077 National Men's Health Month; recognize June 2012 ............................................S..R 1159 National Nurse Anesthetist Week; recognize January 22-28, 2012 ........................SR 716 National Wear Red Day; recognize February 3, 2012 ............................................SR 708 Natural Resources, Department of; urge to take measures to preserve, protect, and promote; historical heritage; Sapelo Island, Georgia ........................S..R 1064 New Georgia Day; recognize September 25, 2012 ...............................................S..R 1057 New Life in Christ Baptist Church Congregation; Conyers, Georgia; recognize................................................................................................................S..R 1201 Newton, James; commend .....................................................................................S..R 1032 Nexxtep Technology Services; honoring ................................................................SR 675 Nobles, Sheriff Cecil; condolences ........................................................................ SR 671 North Fulton Community Charities Education Center; recognize ..........................SR 886 North Georgia College and State University Day; recognize February 16, 2012 .........................................................................................................................SR 754 North Springs Charter High School; recognize.......................................................SR 771 Northside Hospital, Inc.; commend ........................................................................ SR 645 Northview High School; recognize ........................................................................ SR 774 Norton Search Team, Inc.; recognize ..................................................................... SR 725 4972 INDEX Ocee Elementary School's Art Calendar Contest Winners; recognize....................SR 824 Ocmulgee Judicial Circuit CFR Committees; recognize........................................ SR 983 O'Dell, Shannon; commend .....................................................................................SR 932 O'Donnell, Ms. Leah; recognize ............................................................................S..R 1209 Ogeechee Technical College; recognize................................................................. SR 731 Ola High School's Marching Mustangs; commend .................................................SR 826 Oliver, Mr. Bruce; recognize .................................................................................S..R 1239 Oliver, Ms. Beulah Rucker; recognize ................................................................. SR 1181 Olson, Cameron; recognize .....................................................................................SR 691 On Common Ground News; recognize ................................................................ SR 1323 Oritz, Abraham; Outstanding Scholar; commend ...................................................SR 917 Orlando, Steven M.; recognize ..............................................................................S..R 1153 Orok, Reverend Tommy; recognize ..................................................................... SR 1308 Pacific Institute of Technology; recognize ............................................................S..R 1235 Padgett, Dot; recognize..........................................................................................S..R 1091 Papp, Dr. Daniel S.; recognize ..............................................................................S..R 1277 Papp, Dr. Daniel S.; recognize ..............................................................................S..R 1366 Parker, Jonathan Michael; recognize...................................................................... SR 690 Parker, Pastor Herman; recognize .........................................................................S..R 1321 Pastor Leroy Barber's initiative, "Green My Hood"; recognize ............................S..R 1292 Pate, Ms. Cindy; recognize....................................................................................S..R 1317 Patton's Meat Market; recognize ...........................................................................S..R 1088 Payne, Amy; commend..........................................................................................S..R 1028 Peanut Butter and Jelly Day; recognize March 6 ....................................................SR 655 Pearson, Monica; recognize.....................................................................................SR 947 Pelzek, Katie; recognize ..........................................................................................SR 839 Pfleger, Nicole; recognize .......................................................................................SR 717 Piedmont Newnan Hospital and Piedmont Healthcare; recognize........................S..R 1244 Pine Lake Mayor Gregory M. Zarus; recognize....................................................S..R 1246 Poetter, May Lewis; condolences ............................................................................SR 721 PolyPortables; recognize .........................................................................................SR 820 Poultry Farmers; commend .....................................................................................SR 835 Protos, Jacqueline; commend ................................................................................S..R 1006 Queen, Jordan Douglas; condolences ................................................................... SR 1265 R.M. Moore Elementary School; recognize ............................................................SR 687 Ramsey, Alice McKnight; recognize...................................................................... SR 970 Rawls, Mr. Sam; condolences ...............................................................................S..R 1299 Reading for Learning-Merit Based Student Program; support................................SR 663 Reed, Dr. Sandra B.; recognize ...............................................................................SR 796 Reese, Miss Lenora; condolences..........................................................................S..R 1062 Reeves, Aubrey; Former Roswell Fire Department Chief; condolences ................SR 745 Renewable Energy Industries in Georgia; create joint study committee ................SR 326 Retirement Housing Foundation; recognize ..........................................................S..R 1129 INDEX 4973 Rice, Mia K.; recognize ...........................................................................................SR 830 Richardson, Freddie; condolences .........................................................................S..R 1015 Rigsby, Dylan Smart; recognize ..............................................................................SR 885 Riley, Pastor Harry J.; honoring ............................................................................S..R 1113 Riverwood International Charter School; recognize ...............................................SR 770 Road to Safety Program; recognize ........................................................................ SR 778 Roberts, Wendy; commend .....................................................................................SR 863 Robinson, Dr. Joe Sam Jr.; recognize................................................................... SR 1160 Roswell Fire Department; recognize ...................................................................... SR 887 Roswell High School; recognize .............................................................................SR 775 Rowell, Leighton Michelle; commend ................................................................. SR 1005 Rural Health Day; recognize February 16, 2012.....................................................SR 712 Ruskell, Mark; commend.......................................................................................S..R 1024 Russell, Brianna; commend .....................................................................................SR 944 Russell, Julianna; recognize ..................................................................................S..R 1296 Rutherfoord, Jim; recognize ....................................................................................SR 761 Sadowski, Hannah Blake Stute; Outstanding Scholar; commend...........................SR 907 Salerno, Louis; commend ........................................................................................SR 988 Salerno, Louis; commend ......................................................................................S..R 1048 Sanders, Curtis Lucille; honoring ............................................................................SR 723 Santangelo, Mr. Leonard; recognize..................................................................... SR 1111 Satcher, Dr. David; recognize................................................................................S..R 1056 Savannah Christian Preparatory School Raiders Football Team; recognize...........SR 726 Savannah Christian Raiders; recognize .................................................................. SR 718 Savannah Grace Little; commend..........................................................................S..R 1172 Savannah Harbor; cruise ship terminal facility; support the development, construction, and implementation............................................................................SR 163 Sawnee Electric Membership Corporation; recognize ............................................SR 651 Schuette, Cameron; commend ...............................................................................S..R 1029 Scott, Dr. Shermal B.; recognize ...........................................................................S..R 1112 Scudder, Mr. Brian; recognize...............................................................................S..R 1267 Sellers, Matthew; Outstanding Scholar; commend .................................................SR 909 Senate Aging Study Committee; create.................................................................. SR 979 Senate Broadband Availability Study Committee; create ...................................... SR 994 Senate Retail Dealers of Distilled Spirits Study Committee; create .....................S..R 1253 Senate Rules; amend..............................................................................................S..R 1065 Senate Science and Technologies Innovation Study Commission; create ............S..R 1053 Senate; expressing the will to ensure necessary conditions for expanded high-quality digital learning opportunities for students of this state.......................SR 646 Senior Police Officer Elmer B. "Buddy" Christian III; condolences ....................S..R 1207 Senior Police Officer Eric Antonio Jones; recognize............................................S..R 1184 Senior Police Officer Tony Howard; recognize ....................................................S..R 1216 Senior Week; recognize February 20 - February 26, 2012 .................................... SR 710 4974 INDEX Sequoyah High School Physics Team; recognize .................................................S..R 1273 Sequoyah High School Speech and Debate Team; recognize................................ SR 812 Sequoyah High School; recognize...........................................................................SR 666 Sequoyah High School; recognize...........................................................................SR 883 Sergeant Danny Cook; honoring .............................................................................SR 764 Sergeant First Class Belinda J. Nelson; recognize ..................................................SR 742 Shaw, Kristin; Outstanding Scholar; commend ......................................................SR 913 Shaw, Shirley; commend .........................................................................................SR 943 Shephard-Pettigrew, Seretta Monae; recognize.....................................................S..R 1329 Sheppard, Greg; recognize.....................................................................................S..R 1027 Sheppard, Preston M. Jr.; recognize ..................................................................... SR 1156 Sheriff's Day; recognize January 25, 2012 ..............................................................SR 678 Sherwood Baptist Church; recognize ..................................................................... SR 800 Shope, Grant Mitchell; commend............................................................................SR 977 Sibilly, Ms. Lorette A.; recognize .........................................................................S..R 1152 Silveri, Shekema; honoring .....................................................................................SR 649 Simmons, Mary Hudmon; honoring ....................................................................... SR 783 Simpson, DaShan; recognize .................................................................................S..R 1157 Simpson-James, Justin McDuff; recognize ...........................................................S..R 1345 Skin Cancer Awareness Day; recognize February 29, 2012 .................................. SR 714 Sligh, Stuart Frederick Jr.; condolences ................................................................SR 1078 Smalls-Muldrow, Kenneth; recognize .................................................................. SR 1019 Smith, Brooke; commend ........................................................................................SR 942 Smith, Charley Alexandria; recognize.................................................................. SR 1328 Smith, Diamond Jandice; recognize ..................................................................... SR 1327 Smith, Georgia Ann; recognize ...............................................................................SR 789 Smith, Joshua Evan; recognize ..............................................................................S..R 1344 Smith, Steven Wayne; recognize...........................................................................S..R 1343 Smyrna Presbyterian Church Congregation; Conyers, Georgia; recognize ..........S..R 1196 Snyder, Mrs. Edna Louise; recognize................................................................... SR 1293 Southside Church of Christ; recognize ................................................................... SR 674 Southwest Airlines; recognize .................................................................................SR 695 Sowell, Carson Joseph; recognize ...........................................................................SR 961 Sportsmen's and Coastal Day; recognize February 8, 2012 ................................... SR 814 Sprayberry High School; recognize........................................................................ SR 701 SRO Mark Hopper; recognize .................................................................................SR 956 St. Patrick's Day Parade Committee; recognize ....................................................S..R 1124 St. Pius X Catholic Church Congregation; Conyers, Georgia; recognize.............S..R 1197 State and Local Officers; urge members of GA National Guard and State Defense Force not to assist or cooperate with armed forces of United States......................................................................................................................S..R 1104 State Board of Education; urge to provide a course; stop teen dating violence....................................................................................................................SR 999 INDEX 4975 State of Georgia Police Chiefs and Heads of Law Enforcement Agencies; recognize..................................................................................................................SR 713 State Restaurant Day; declare February 9, 2012 .....................................................SR 693 State Restaurant Day; declare February 9, 2012 .....................................................SR 729 State YMCA of Georgia's Youth Assembly; recognize ........................................S..R 1163 Steele, Ariel; recognize............................................................................................SR 987 Stephens, Ms. Ovis; recognize ..............................................................................S..R 1169 Stevens Creek Elementary School; recognize .........................................................SR 990 Stockel, Ms. Nickie; recognize................................................................................SR 785 Struecker, Chaplain Major Jeff; recognize ..............................................................SR 743 Sutherland, Mrs. Joan Miller; condolences ...........................................................S..R 1282 Swafford, Amanda; commend ...............................................................................S..R 1049 Sweat, Kevin Michael; recognize ..........................................................................S..R 1302 Sweet, John; recognize ..........................................................................................S..R 1043 Tai, Stellan Erik; celebrate birth..............................................................................SR 963 Tallapoosa Police Department; commend .............................................................S..R 1100 Tallapoosa Primary School; commend................................................................. SR 1098 Tant, Robert L. Sr.; honoring ..................................................................................SR 682 Tattnall Square Academy Trojans Football Team; recognize ................................ SR 965 Teasley Middle School; recognize ..........................................................................SR 686 Tedders, Eric; commend........................................................................................S..R 1170 Tennessee River Basin; urge the performance of a feasible study of withdrawal, storage, and distribution of waters.......................................................SR 781 The American Legion; recognize ..........................................................................S..R 1306 The Lanier Land Boys; recognize ...........................................................................SR 735 Thompkins, Lauren Alexis; recognize.................................................................. SR 1326 Thompson, Kennedi Babers; recognize................................................................ SR 1325 Thurmond, Cain; recognize ...................................................................................S..R 1255 Tilley, Honorable Judge Velma; recognize .............................................................SR 784 Touchton, James Robert; recognize........................................................................ SR 878 Touhy, Mrs. Angela W.; recognize ...................................................................... SR 1312 Tourism and Hospitality Day; recognize January 24, 2012 ................................... SR 694 Tourism Promotion Joint Study Commission; create..............................................SR 719 Townsend, Dr. Beverly; recognize ........................................................................S..R 1114 Toxic Substances Control Act of 1976; support modernization .............................SR 494 Traas, Julian R.; Outstanding Scholar; commend ...................................................SR 925 Train, Ms. Blair Kerr; recognize ...........................................................................S..R 1122 Transverse Myelitis Awareness Day; recognize February 15, 2012.......................SR 809 Tremayne, Pamela L.; condolences ........................................................................ SR 752 Trice, Shavon; Outstanding Scholar; commend ......................................................SR 920 Trinity Baptist Church Congregation; Conyers, Georgia; recognize ....................S..R 1200 Trion High School Cheerleading Squad; recognize ................................................SR 865 Trooper First Class Thomas Kustra; recognize .......................................................SR 955 4976 INDEX Tumlin, David and Gail; recognize ........................................................................ SR 750 Turkish American Day; recognize February 21, 2012 ............................................SR 969 Tysinger, Honorable James W.; recognize ............................................................S..R 1041 U.S. Agriculture Department; request to deregulate biotech alfalfa based on science and without conditions............................................................................ SR 43 U.S. Congress; making renewed application to call for a convention; proposing an amendment to the Constitution of the United States .........................SR 673 U.S. Congress; urge to permit the use of "cellular jammers" for the prevention of illegal cell phone use in prisons, jails, youth detention ...................SR 858 U.S. Congress; urge to permit the use of "cellular jammers" for the prevention of illegal cell phone use in prisons, jails, youth detention ...................SR 858 U.S. Congress; urged to adopt and submit to states a balanced budget amendment to U.S. Constitution and balance current budget ................................ SR 766 U.S. Congress; urged to designate the Honor and Remember Flag as national emblem of service and sacrifice; U.S. Armed Forces ...............................SR 521 U.S. Congress; urged to refrain from cuts to the F-35 Joint Strike Fighter Program....................................................................................................................SR 381 U.S. Department of Labor; urge to recall proposed policies ................................ SR 1061 U.S. Department of the Interior, Minerals Management Service; urged to include all outer continental shelf planning; five-year plan for offshore development.............................................................................................................SR 379 U.S. Senate; urge members to oppose ratification of the United Nations Convention on the Rights of the Child ................................................................... SR 601 United Association; recognize...............................................................................S..R 1036 United Nations Agenda 21; recognize destructive and insidious nature.................SR 730 United Nations Security Council; expressing support and respect .........................SR 238 United Technologies Corporation Employee Scholar Day; recognize February 23, 2012 ................................................................................................. SR 1016 Urban eLife, Inc. and GreenSHADES Design Team; recognize ..........................S..R 1258 Veterans and Community Outreach Foundation; recognize ................................ SR 1368 Veterinary Medicine Day; recognize February 2 ....................................................SR 662 Vice President of the Republic of Liberia, His Excellency Joseph N. Boakai; recognize ................................................................................................. SR 1137 Vivian, Dr. C.T.; recognize ...................................................................................S..R 1324 Waddy, Reverend Isaiah J.; recognize.................................................................. SR 1087 Walden, Gloria; recognize .......................................................................................SR 788 Walker, Christian Jordon; recognize .................................................................... SR 1342 Walker, Dr. Paula; recognize...................................................................................SR 697 Wallace, Ms. Marcia D.; recognize ...................................................................... SR 1370 Walters, Colleen; Outstanding Scholar; commend..................................................SR 923 Walton, Karon Green; recognize .............................................................................SR 799 Wang, Lisa; commend ...........................................................................................S..R 1002 Ward, Pastor James Cornell; recognize ................................................................ SR 1205 INDEX 4977 Warner Robins Little League; congratulate.............................................................SR 816 Webb Bridge Middle School's Academic Bowl Team; recognize ..........................SR 822 Weeks, Mr. James W.; recognize ..........................................................................S..R 1252 Wentworth, Gloria; commend ...............................................................................S..R 1034 Wentz, Mrs. Sally Rebecca; recognize ................................................................. SR 1295 Wernick, Mr. Joel; recognize ................................................................................S..R 1215 Wesleyan College; recognize ..................................................................................SR 797 West End Family Life and Community Center; recognize .................................... SR 706 Weyman, Ms. Linda; commend ..............................................................................SR 937 Whaley, Christopher; Outstanding Scholar; commend ...........................................SR 902 Whatley, Kristan; commend ....................................................................................SR 899 Whitaker, Amy Elizabeth; Outstanding Scholar; commend .................................. SR 918 White County High School's Warrior Television Network; recognize .................S..R 1313 Whitefield Academy Boys Varsity Basketball Team; recognize ..........................S..R 1289 Whitehurst, Hunter; recognize.................................................................................SR 962 Wiggins, Ms. Louversia L.; condolences ..............................................................S..R 1151 Wiley, Johnnie; condolences ...................................................................................SR 734 Williams, Alex; commend .......................................................................................SR 997 Williams, Alex; commend .....................................................................................S..R 1046 Williams, Mike; commend ......................................................................................SR 976 Willingham, Arnold Delano Sr.; condolences.........................................................SR 806 Wilson, Captain Harry "Ken"; recognize ..............................................................S..R 1309 Wilson, Cyrus Carrier; recognize ..........................................................................S..R 1085 Wisconsin Legislature; express support for Governor and majority members...................................................................................................................SR 225 Wojtczak, Jennifer; commend .................................................................................SR 973 Wojtczak, Jennifer; commend ...............................................................................S..R 1000 Wolff, Quincy Marshall; recognize ...................................................................... SR 1341 Woodstock Elementary School; recognize..............................................................SR 689 Woodstock High School; recognize ....................................................................... SR 952 Yancey, Ms. Evonne; recognize ............................................................................S..R 1107 Yates, T.J.; recognize...............................................................................................SR 792 Yawn, Mr. Bruce; commend .................................................................................S..R 1044 Young Farmers Day; recognize February 9 ............................................................SR 659 Young, Mr. James "Jim" E.; condolences .............................................................S..R 1130 Youth Leadership Baldwin 2012; recognize ...........................................................SR 658 Youth Villages Georgia Day; recognize March 7, 2012 ...................................... SR 1109 Zeanah, Dr. Michelle Reynolds; recognize ...........................................................S..R 1178 Zemblowski, Sunni Ann; Outstanding Scholar; commend .................................... SR 914 RETIREMENT AND PENSIONS Employees' Retirement System of Georgia Enhanced Investment Authority Act; define certain terms relating to certain types investments ..............SB 402 4978 INDEX Employees' Retirement System of Georgia; transfer service credit; provide .....................................................................................................................HB 542 General Assembly; members of Georgia Legislative Retirement System; provisions.................................................................................................................HB 183 Georgia Firefighters' Pension Fund; change amount of dues required ...................SB 456 Georgia Judicial Retirement System; revised survivor's benefit option; provisions.................................................................................................................HB 250 Georgia State Employees' Pension and Savings Plan; transfer of accrued benefit; provide .......................................................................................................HB 295 Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions................................................................................HB 944 Peace Officers' Annuity and Benefit Fund; board of trustees authorized to employ a hearing officer; provide ...........................................................................HB 928 Peace Officers' Annuity and Benefit Fund; member who ceases to be employed shall notify the retirement fund immediately; provide ...........................HB 987 Peace Officers' Annuity and Benefit Fund; provide member disabled by injury; entitled to a disability benefit under certain conditions ...............................SB 242 Probate Courts Retirement Fund of Georgia; change portion of fines paid to Judges ..................................................................................................................HB 351 Public Retirement Systems; duties of boards of trustees; provide ..........................HB 308 Retirement; employment of a retired teacher as a full-time teacher; change date of automatic repeal ..............................................................................HB 208 Retirement; method of calculating accrued benefits; Employees' Retirement System of Georgia and Teachers Retirement System of Georgia ....................................................................................................................SB 286 Retirement; provide an increase in the employee contribution; retirement benefit; conditions .................................................................................................. SB 246 Retirement; provide election; Regents Retirement Plan in lieu of Teachers Retirement ................................................................................................SB 287 Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions..............................................................................................SB 137 Retirement and Pensions; public systems prohibited from expending fund for certain purposes; provide ...................................................................................HB 297 Retirement Bills; define a certain term...................................................................HB 293 Sheriffs' Retirement Fund of Georgia; divorced member option to continue coverage; provisions .................................................................................HB 337 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services .................................................................HB 805 Superior Court Clerks' Retirement Fund; death benefit for members; provide .....................................................................................................................HB 424 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 INDEX 4979 REVENUE BONDS; COUNTIES, MUNICIPALITIES, OTHER ENTITIES Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Local Government; approval of bonded debt by election; population brackets and the census; change certain provisions ..............................................H..B 1117 REVENUE, DEPARTMENT OF; STATE ADMINISTRATIVE ORGANIZATION, ADMINISTRATION, AND ENFORCEMENT Georgia Tax Tribunal; create...................................................................................HB 100 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Revenue, Department of; no audit shall be conducted after three years following the filing of sales and use tax return or report ......................................... SB 21 Revenue, Department of; submit report to General Assembly; effect of tax exemptions on the amount of revenue collected by state and local governments.............................................................................................................SB 440 Revenue, Department of; various administrative and procedural requirements; change ...............................................................................................HB 846 RICHMOND COUNTY Augusta-Richmond County Coliseum Authority; appointed members may be reappointed to succeed themselves; provide.............................................H..B 1203 Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Deputy James D. Paugh Memorial Highway; Richmond County; dedicate .........H..R 1103 Richmond County; City of Augusta; change description of commissioner districts.....................................................................................................................HB 923 Richmond County School Board; change description of districts...........................HB 924 State Highway System; dedicate certain portions .................................................H..R 1177 RICHMOND HILL, CITY OF Richmond Hill, City of; provide new charter ........................................................H..B 1276 ROCKDALE COUNTY Rockdale County; Board of Elections and Registration; revise procedures; appointment of the at-large member ....................................................SB 462 Rockdale County; Chief Magistrate; provide election ............................................HB 586 Rockdale County; Probate Court; provide future elections for the office of judge ....................................................................................................................SB 497 4980 INDEX S SALES AND USE TAX Alternative Homestead Option Sales and Use Tax Act; enact ................................SB 496 County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section ......................................................................................................................SB 412 County Sales and Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds .............................................................................................................SB 332 Mass Transportation; remove the suspension period; use of proceeds from sales and use tax by a public transit system....................................................SB 232 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ..................................................................................................HB 1052 Motor Fuel Tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ............................................................HB 743 Public Transit Authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...............H..B 1051 Revenue and Taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax ...........HB 729 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 Sales and Use Tax; distribution for educational purposes; change certain provisions.................................................................................................................HB 896 Sales and Use Tax; distribution of unidentifiable proceeds; limit commissioner's authority .........................................................................................HB 228 Sales and Use Tax; educational purposes; only distributed on basis of full-time equivalent student counts........................................................................H..R 1150 Sales and Use Tax Exemptions; donated food for hunger relief; extend ................HB 318 Sales and Use Tax Exemptions; food and beverages to food bank; extend ............HB 334 Sales and Use Tax; allow certain taxes to be imposed at a rate of less than 1 percent...................................................................................................................SB 395 Taxation; nonresident subcontractor withholding payments; change required percentage.................................................................................................HB 932 Taxation; provide sales and use taxes shall not apply to amounts paid by transients to travel agents or intermediaries ............................................................SB 244 SANDY SPRINGS, CITY OF Sandy Springs, City of; executive and judicial officials; modify provisions...............................................................................................................H..B 1291 INDEX 4981 SAVANNAH, CITY OF Chatham County; City of Savannah; Board of Education; change description of districts..............................................................................................HB 999 Savannah, City of; Board of Education; terms of office; revise provisions............. SB 90 Savannah, City of; Chatham County; change the description of the education districts ................................................................................................... SB 481 Savannah, City of; mayor, city council, city manager; set agenda for all meetings of city council............................................................................................ SB 89 Savannah, City of; term of office of Board of Education president; revise provisions.................................................................................................................HB 539 SCHOOL READINESS, OFFICE OF Early Care and Education Programs; influenza vaccine; provide information ..............................................................................................................HB 845 SCRAP METAL PROCESSORS Commerce and Trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions....................................................................................................HB 872 Motor Vehicles; cancellation of a certificate of title for scrap metal, dismantled or demolished trailers; provide .............................................................HB 900 Secondary Metal Recyclers; comprehensive revision of provisions.......................SB 321 SCREVEN COUNTY Screven County; Board of Commissioners; provide member elections..................HB 693 Screven County; Board of Education; revise districts...........................................H..B 1029 SEARCHES AND SEIZURES Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 Criminal Procedure; search warrants by video conference; what portion of video maintained; clarify.....................................................................................HB 196 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 Searches with Warrants; issuance of search warrants by judicial officers; provisions.................................................................................................................SB 229 SECRETARY OF STATE Archives and History, Division of; law regarding Foundation of American Law and Government displays; revise provisions .................................HB 766 Crane, Mike; District 28, Election Certification.......................................................P...a.g..e. 9 Foundations of American Law and Government Displays; revise provisions.................................................................................................................SB 424 4982 INDEX Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 Secretary of State; create a will registry within the office; provide for administration of registry; access; fees................................................................... SB 387 Secretary of State; create the position of director of professional licensing; provide powers, duties, and responsibilities ...........................................SB 445 Telecommunications; revise and update certain provisions; remove telegraph companies from jurisdiction of Public Service Commission ..................SB 454 Wilkinson, John K.; District 50, Election Certification...........................................P..a..g.e...12 SECRETARY OF THE SENATE Communication to Governor; Confirmation of Appointees...............................P. age 4731 SELLING AND OTHER TRADE PRACTICES Assisted Living; authorize licensed personal care homes and community living arrangements to use certain terms ................................................................ SB 455 Commerce; provide incandescent light bulbs manufactured in Georgia not exported from the state shall not be subject to federal regulation...................... SB 61 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 Commerce and Trade; secondary metals recyclers; provide comprehensive revision of provisions; security interests and liens; change certain provisions....................................................................................................HB 872 Fair Business Practices Act of 1975; oversight by administrator of certain telemarketing practices; provide............................................................................H..B 1132 Georgia Lemon Law; consumer; define term..........................................................HB 205 Georgia Lemon Law; increase the fee to be collected by new motor vehicle dealers from the consumer ..........................................................................SB 305 Secondary Metal Recyclers; comprehensive revision of provisions.......................SB 321 Secondary Metal Recyclers; unlawful for person to maliciously deface any personal or real property; purpose of obtaining nonferrous metals .................SB 296 Trade Practices; clarify certain information; economic development project; conducted by private person shall not constitute public information ..............................................................................................................SB 159 SENATE Morning Roll Calls: Pages 17, 47, 62, 66, 73, 77, 101, 119, 139, 153, 172, 202, 216, 244, 251, 268, 287, 308, 334, 361, 390, 445, 470, 510, 991, 1028, 1060, 1151, 1234, 1341, 1549, 2019, 2048, 2098, 2194, 2280, 2857, 2962, 3277, 3992 Senate Alternative Sustainable Transportation Study Committee; create...............SR 819 Senate Convened; notify House of Representatives................................................SR 643 Senate Erosion and Sediment Control Study Committee; create ............................SR 525 Senate Garnishment Proceedings Study Committee; create ................................ SR 1217 INDEX 4983 Senate Health Care Transformation; study committee; create ................................. SR 54 Senate Homeless and Female Veterans Assistance Study Committee; create........................................................................................................................SR 872 Senate Preservation of Sapelo Island Study Committee; create..............................SR 727 Senate Residential and General Contractors Licensing Study Committee; create........................................................................................................................SR 393 Senate State Fair Tax Study Committee; create ....................................................... SR 28 Senate Study Committee on Advance Directives; create ......................................... SR 19 Senate Study Committee on the Horse Racing Industry; create............................S..R 1242 Senate Technology in Tax Collection Study Committee; create...........................S..R 1188 Senate Tenth Amendment Enforcement Study Committee; create .........................SR 122 Senate; expressing the will to ensure necessary conditions for expanded high-quality digital learning opportunities for students of this state.......................SR 646 State Senate Districts; revise certain boundaries.....................................................SB 430 State Senate Districts; revise the boundaries...........................................................SB 509 SENATORS ALBERS; appointed Ex-Officio to Health and Human Services; March 21 .....P...a.g..e...2..8..43 ALBERS; appointed Vice Chairman of Finance....................................................P...a.g..e...14 ALBERS; excused pursuant to Rule 5-1.8(d) on SB 448...................................Page 1040 BALFOUR; appointed Chairman of Appropriations Fiscal Management Subcommittee .........................................................................................................P...a.g..e...14 BETHEL; appointed Chairman of Reapportionment and Redistricting....................P..a.g..e. 6 BUTTERWORTH; communication; resignation .....................................................P...a.g..e. 1 CARTER, B.; appointed Chairman of Higher Education ........................................Page 7 CARTER, B.; appointed to Appropriations Higher Education Subcommittee .........................................................................................................P...a.g..e...14 CARTER, B.; communication; explanation of vote on HB 800 ........................P...a.g..e.. 1043 CHANCE; communication; removing name from SB 391 ..................................Page 276 CHANCE; excused pursuant to Rule 5-1.8(d) on HB 1176...............................P. age 3784 CRANE; Election Certification .................................................................................P..a.g..e. 9 CRANE; Oath of Office .........................................................................................P...a.g..e. 10 CRANE; Standing Committee Appointments ........................................................P. age 15 DAVENPORT; appointed Ex-Officio to Public Safety; February 23..................P...a.g..e...9..63 DAVIS; communication; explanation of vote on SB 301 ....................................Page 182 FORT; communication; explanation of vote on HB 636 ...................................Page 3081 FORT; communication; explanation of vote on SB 412 ....................................Page 1173 FORT; communication; Minority Report on HB 797 ........................................P...a.g..e...2..2..75 FORT; communication; Minority Report on SB 458 .........................................P...a..g.e...1..2..21 GINN; appointed Ex-Officio to Natural Resources and the Environment..............P..a.g..e...14 GINN; communication; explanation of votes on SB 343, SB 351, SB 352 ..........P..a..g.e...2..96 GOGGANS; excused pursuant to Rule 5-1.8(d) on SB 448 ..............................P..age 1040 GOOCH; appointed Ex-Officio to Natural Resources and the Environment.........P...a.g..e...14 4984 INDEX GOOCH; communication; explanation of vote on HB 253 ...................................Page 70 GOOCH; communication; explanation of vote on SB 378 ..................................Page 924 GOOCH; communication; explanation of vote on SB 382 ..................................Page 939 GRANT; appointed to Rules Committee..................................................................Page 7 GRANT; communication; removing name from SB 466...................................Page 1222 HAMRICK; communication; explanation of vote on HB 683.............................P...age 226 HAMRICK; communication; explanation of vote on SB 403 ...........................P...a.g. e 1165 HAMRICK; communication; removing name from SB 401................................Page 297 HARBISON; communication; explanation of vote on HB 741 ...........................P...a.g. e 920 HARBISON; communication; explanation of vote on HB 868 .........................P...a.g..e. 2173 HEATH; communication; explanation of vote on HB 351 ................................Page 3939 HEATH; communication; explanation of vote on SB 302...................................Page 210 HENSON; communication; Minority Report on HB 954 ..................................Page 2178 HENSON; communication; Minority Report on SB 292 ...................................Page 1057 HILL, JACK; communication; explanation of vote on Local Consent Calendar ..............................................................................................................P...a.g..e...1..1..59 HILL, JUDSON; appointed Ex-Officio to Transportation .....................................Page 14 HILL, JUDSON; communication; explanation missed roll call.............................P...age 47 HILL, JUDSON; communication; explanation of vote on SB 355....................P...a.g..e...1..2. 73 HILL, JUDSON; communication; removing name from SB 313 ........................P...a.g..e.. 110 JACKSON, B.; communication; explanation of vote on HB 742 ......................P...a.g..e...3. 618 JACKSON, B.; communication; explanation of vote on SB 357.........................P...a.g..e. 315 JACKSON, L.; communication; explanation of vote on HB 253 ..........................P...a.g..e 71 JACKSON, L.; communication; explanation of vote on SB 447 .......................P...a.g..e...1010 JAMES; communication; explanation of absence..............................................P...a.g..e...1..0..45 JEFFARES; appointed Chairman of State Institutions and Property .......................P...a.g..e. 8 JONES; communication; explanation missed roll call ..........................................P..a..g.e...1..67 JONES; excused pursuant to Rule 5-1.8(d) on HB 1067 ...................................Page 4097 LIGON; appointed Ex-Officio to Regulated Industries and Utilities.....................P...a.g..e...14 LIGON; communication; explanation of vote on SB 405 ..................................Page 1172 LIGON; excused pursuant to Rule 5-1.8(d) on SB 331 .......................................P...a.g..e...3..71 LIGON; excused pursuant to Rule 5-1.8(d) on SB 365 .....................................P...a.g..e...1..0..78 LOUDERMILK; appointed Ex-Officio to Regulated Industries and Utilities....................................................................................................................P...a.g..e...14 LOUDERMILK; communication; explanation of vote on SB 355....................P...a.g..e...1..2. 74 McKOON; appointed Ex-Officio to Regulated Industries and Utilities .................P..a.g..e...14 MILLAR; communication; explanation of votes on SB 416, SB 428, SB 431, SB 464, and SB 470 ..............................................................................P...a.g..e...1..3..01 MILLAR; excused pursuant to Rule 5-1.8(d) on SB 448...................................Page 1040 MILLER; appointed Administration Floor Leader....................................................P..a.g..e. 2 MILLER; appointed Ex-Officio to Public Safety; February 23 ...........................P...a.g. e 963 MILLER; appointed Ex-Officio to Veterans, Military and Homeland Security; February 22............................................................................................P...a.ge 493 INDEX 4985 MILLER; communication; explanation of vote on HB 635...............................P. age 3040 MILLER; communication; explanation of vote on HB 742...............................P. age 3618 MILLER; communication; explanation of vote on HB 933...............................P. age 3222 MILLER; communication; explanation of votes on HR 1151, SB 319, HB 175, and SB 464 ...........................................................................................P...a.g. e 4581 MILLER; communication; explanation of vote on SB 346 ...............................P. age 1189 MILLER; communication; explanation of vote on SB 368 ...............................P. age 1383 MILLER; communication; removing name from SB 294........................................Page 9 MULLIS; appointed Ex-Officio to Government Oversight; February 29..........P...a..g..e..1..1..20 MULLIS; appointed Ex-Officio to Public Safety; March 21 .............................P...age 2844 MURPHY; communication; explanation of vote on HB 829...............................P. age 962 MURPHY; communication; explanation of vote on Amendment #1 to HB 1066 ..............................................................................................................P...a.g..e...4..1..13 MURPHY; excused pursuant to Rule 5-1.8(d) on SB 448.................................Page 1041 ORROCK; communication; explanation of vote on SB 362................................Page 407 PARIS; appointed Secretary to Veterans, Military and Homeland Security.........P..a.g...e..2..97 PARIS; excused pursuant to Rule 5-1.8(d) on HB 635 ......................................P...a.g..e...3..0..39 ROGERS; appointed Ex-Officio to Government Oversight; February 29.........P...a..g.e...1..1..20 ROGERS; appointed Ex-Officio to Health and Human Services; March 26.....P...a.g..e...2..9..45 ROGERS; communication; explanation of vote on HB 741 ..............................P..age 2007 ROGERS; communication; explanation of vote on HB 822 ..............................P..age 3766 SEABAUGH; communication; resignation..............................................................P..age 4 SHAFER; communication; explanation of vote on HB 875 ..............................P..age 4551 STATON; appointed Ex-Officio to Health and Human Services; March 21 .....P...a.g..e...2..8..44 STONE; appointed Vice Chairman of Banking and Financial Institutions ............P..a.g..e...14 STONE; communication; explanation of vote on HB 237.................................Page 2305 TATE; appointed Secretary to Reapportionment and Redistricting......................P..a.g..e...2..97 TATE; communication; explanation of vote on SB 414 ....................................Page 1294 TIPPINS; appointed Ex-Officio to Transportation..................................................P..a.g..e...14 UNTERMAN; appointed to Committee on Assignments ........................................Page 3 WILKINSON; appointed Ex-Officio to State and Local Governmental Operations ...........................................................................................................P...a.g..e...2..2..57 WILKINSON; communication; explanation of vote on HB 872 .......................P...a.g..e...4569 WILKINSON; communication; explanation of vote on SB 176........................P...a.g..e.. 1070 WILKINSON; Election Certification .....................................................................Page 12 WILKINSON; Oath of Office .................................................................................P..a.g..e...13 WILKINSON; Standing Committee Appointments...............................................P. age 16 WILLIAMS; appointed Ex-Officio to Public Safety; March 12 ........................P...a.g..e.. 2008 WILLIAMS; appointed Ex-Officio to Special Judiciary; March 20..................P...a.g..e...2..2..58 WILLIAMS; communication; explanation of vote on SB 358 ............................P...a.ge 373 WILLIAMS; communication; explanation of vote on SB 370 ............................P...a.ge 492 SMITH, CHIEF JUDGE RUSSELL W.; Election Certification ..........................P...a.g..e 13 4986 INDEX SPALDING COUNTY Griffin-Spalding County Airport Authority Act; enact .........................................H..B 1261 Spalding County; Magistrate Court; charge technology fee for each civil case filed and criminal fine imposed; authorize ....................................................H..B 1278 Spalding County; Probate Court; charge technology fee for each civil case filed; authorize ...............................................................................................H. B 1279 Spalding County; State Court; charge technology fee for each civil case filed and each criminal fine imposed; authorize....................................................H..B 1280 SPRINGFIELD, CITY OF Springfield, City of; provide new charter ..............................................................H..B 1226 ST. MARYS, CITY OF Oak Grove Cemetery Authority; create................................................................HB 1188 STATE BOUNDARIES AND JURISDICTION State; no private property shall be alienated to any other state; exercise of state sovereignty or jurisdiction without consent of General Assembly .................. SB 62 STATE COURTS OF COUNTIES Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 STATE DEBT, INVESTMENT, AND DEPOSITORIES State; increase the amount of public debt permissible to supply a deficit from 1 to 5 percent of total revenue receipts ...........................................................SB 103 STATE EMPLOYEES Employees' Retirement System of Georgia; transfer service credit; provide .....................................................................................................................HB 542 General Assembly; fiscal notes for bills changing compensation; change provisions.................................................................................................................SB 429 Georgia State Employees' Pension and Savings Plan; transfer of accrued benefit; provide .......................................................................................................HB 295 Insurance; provide a religious exception; requirement that every health benefit policy provide coverage for contraceptives.................................................SB 460 Official Code of Georgia; retirement and pensions; revise, modernize, and correct errors or omissions................................................................................HB 944 Retirement; employment of a retired teacher as a full-time teacher; change date of automatic repeal ..............................................................................HB 208 INDEX 4987 Retirement; method of calculating accrued benefits; Employees' Retirement System of Georgia and Teachers' Retirement System of Georgia ....................................................................................................................SB 286 Retirement; update certain cross-references to Chapter 11 of Title 15; provide for conditions..............................................................................................SB 137 State Employees' Health Insurance Plan; provide that no health insurance plan for employees of the state shall offer coverage for abortion services .............SB 438 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services .................................................................HB 805 STATE FLAG, SEAL, AND OTHER SYMBOLS State Purchasing; purchases without competitive bidding; change certain provisions.................................................................................................................HB 863 State Symbols; designate Georgia Mass Choir as official mass choir ..................... SB 12 STATE GOVERNMENT Administrative Procedure; provide for agency reports regarding federal government mandates and duplicate state and federal regulation ...........................SB 428 Administrative Procedure; require agency procedures for timely processing; applications for issuance or renewal of licenses ................................. SB 427 Administrative Services, Department of; public works construction contracts; provisions ................................................................................................HB 730 Administrative Services, Department of; specified preference; qualified business enterprises; disabled veterans; certain types of state contracts.................. SB 77 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 Crimes and Offenses; new crime of false lien statements against public officers; provide......................................................................................................HB 997 Education; exempt day-care centers and child care learning centers operated as part of local church ministry or nonprofit religious school from certain licensing and regulation ..................................................................... SB 152 Elections; provide for dates of nonpartisan elections; minimum number of members for local boards of election ................................................................... SB 92 Employees' Retirement System of Georgia Enhanced Investment Authority Act; define certain terms relating to certain types of investments ..............................................................................................................SB 402 Ethics in Government; change name to Georgia Ethics Commission; reconstitute membership; appointing authority; provide funding source................SB 315 Excise Tax; certain tobacco products; change certain provisions .........................H..B 1071 4988 INDEX General Assembly; authorize state entities to enter into multiyear rental agreements; procedures, conditions, and limitations................................................ SR 84 General Assembly; state-wide education policy; clarify authority .......................H..R 1162 'Georgia Africa Partnership Project Act'; create the Africa Partnership Division; provide personnel, operation, and powers and duties..............................SB 398 Georgia Crime Information Center; inspection, purging, modifying, or supplemental criminal records; provisions ..............................................................SB 118 Georgia Emergency Management Agency; eliminate the licensing of nongovernmental rescue organizations .................................................................. SB 345 Georgia Government Accountability Act; enact .....................................................HB 456 Georgia Government Accountability Act; establish; create Legislative Sunset Advisory Committee; authorize to review and evaluate state agencies', productivity, efficiency, and responsiveness ..........................................SB 223 Georgia Government Accountability Act; Legislative Sunset Advisory Subcommittee; authorize subcommittee to review; state agencies ............................ SB 2 Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Georgia Lottery Corporation; require to conduct and publish a biannual audit; location and distribution of winning lottery tickets...................................... SB 409 Georgia Public Works and Contractor Protection Act; redefine a certain term; provisions ........................................................................................................ SB 27 'Georgia Regional Transportation Authority Act'; amend provisions .....................SB 474 Georgia Tax Tribunal; create...................................................................................HB 100 Government; modify provisions; verification requirements, procedures, and conditions for applicants for public benefits.....................................................SB 458 HOPE; provide that the Georgia Student Finance Commission shall establish amount awarded each year ...................................................................... SB 235 HOPE; scholarships; provide students receiving scholarships who require remedial classes shall not be enrolled in research universities; Georgia Lottery Corporation Legislative Oversight Committee...........................................SB 131 Insurance Commissioner; provide for confidentiality of certain records to extend to state, federal and international regulatory law enforcement....................SB 385 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 License Plates; require the nation's motto, "In God We Trust" printed on license plates; county name decal............................................................................SB 293 Local Government; clarify authority of counties and municipal corporations to enter into such contracts; guaranteed energy savings performance contracts..............................................................................................SB 182 Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 INDEX 4989 Local Government; electronic transmission of budgets; change certain definitions ................................................................................................................SB 381 Local Government and Public Property; require certain procedures; leasing public property to private entity for nongovernmental purposes ................SB 498 Lottery for Education; definitions; prize proceeds; change provisions...................SB 310 Motor Vehicles; provide for definitions; notification of the use of speed detection and enforcement devices..........................................................................SB 444 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Open and Public meetings; authorize all agencies to conduct meetings by teleconference under certain circumstances ............................................................SB 176 Portable Electronics Insurance; issuance and regulation of limited licenses to sell; provide revision of provisions; English version of material controls resolution of dispute; provide certain state contracting and bidding requirements ......................................................................................H..B 1067 Public Contracts; provide penalties for the failure of a public employer to utilize the federal work authorization program ........................................................ SB 40 Public Meetings; require notice of meetings of government agencies be posted on agency websites.......................................................................................SB 249 Public Transit, Georgia Department of; create; provide for board and commissioner; duties ...............................................................................................SB 283 Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 Real Estate Professionals; provisions ..................................................................... SB 365 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 State; increase the amount of public debt permissible to supply a deficit from 1 to 5 percent of total revenue receipts ...........................................................SB 103 State; no private property shall be alienated to any other state; exercise of state sovereignty or jurisdiction without consent of General Assembly .................. SB 62 State Accounting Office; designate as the Comptroller General; transfer the office ..................................................................................................................SB 343 State Accounting Officer; contract with a third party to audit state contracts; annual report............................................................................................... SB 8 State Agencies; guaranteed energy savings performance contracts; change certain provisions ........................................................................................HB 934 State Government; general provisions; define certain terms.................................. SB 513 State Government; impose a moratorium on rule making; regard to implementation of federal Patient Protection and Affordable Care Act .................. SB 23 State Government; no department shall implement provision to health care reform legislation; unless department provide certain report to the General Assembly..................................................................................................... SB 20 4990 INDEX State Government; no department shall implement provision to health care reform legislation; unless department provide certain report to the General Assembly..................................................................................................... SB 25 State Government; no state agency shall enter into a contract with private entity; provision of services; outside the geographical boundaries of the United States ............................................................................................................SB 320 State Government; open meetings and records; revise provisions ..........................HB 397 State Government; prohibit policies by local governments that limit or restrict the enforcement of immigration laws; definitions ..................................... SB 104 State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Georgia medical facilities....................................................................................................................SB 506 State Government; require this state to reciprocate the preferences granted by out-of-state local governments; resident vendors................................. SB 358 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State Properties Code multiyear lease agreements; provide for fiscal policies to be adopted by the General Assembly ..................................................... SB 37 State Purchasing; provide certain multiple award schedule contracts for purchase of equipment for commercial use applications ....................................... SB 492 State Purchasing; purchases without competitive bidding; change certain provisions.................................................................................................................HB 863 State Symbols; designate Georgia Mass Choir as official mass choir ..................... SB 12 State Treasurer; prohibit recalling funds once they have been deposited ................ SB 35 Submerged Cultural Resources; permits; authorization to contract for investigation, survey; change certain provisions.....................................................SB 362 Water Resources; cooperative efforts for abatement of pollution, order of director, request for hearing; provisions................................................................. SB 269 STATE PRINTING AND DOCUMENTS Broadband Investment Equity Act; provide regulation of competition between public and private providers of communications service..........................SB 313 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Crimes and Offenses; disposition of firearms used in burglaries or armed robberies ..................................................................................................................SB 350 Employees' Retirement System of Georgia Enhanced Investment Authority Act; define certain terms relating to certain types of investments ..............................................................................................................SB 402 Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Georgia Public Works and Contractor Protection Act; redefine a certain term; provisions ........................................................................................................ SB 27 INDEX 4991 Insurance Commissioner; provide for confidentiality of certain records to extend to state, federal and international regulatory law enforcement....................SB 385 Motor Vehicles; provide for definitions; notification of the use of speed detection and enforcement devices..........................................................................SB 444 State Government; open meetings and records; revise provisions ..........................HB 397 STEPHENS COUNTY Stephens County; Board of Education; change description of districts ................H..B 1295 STERILIZATION PROCEDURES Healthcare Facilities; expand provisions; nationally recognized health care accreditation body ............................................................................................SB 361 STEWART COUNTY Stewart County; Board of Commissioners; change description of the commissioner districts .............................................................................................SB 304 Steward County; Board of Education; reconstitute the Board of education ...........SB 303 Lower Chattahoochee Regional Transportation Authority Act; enact ....................HB 604 STILLMORE, CITY OF Stillmore, City of; staggered terms for members of city council; provide............H..B 1092 STOCKBRIDGE, CITY OF Stockbridge, City of; form of government; change provisions ...............................SB 189 STREET GANG TERRORISM AND PREVENTION Juvenile Justice Department; revise restrictions; possessions of contraband at juvenile detention centers ................................................................ SB 366 SUPERIOR COURT CLERKS' RETIREMENT FUND Superior Court Clerks' Retirement Fund; death benefit for members; provide .....................................................................................................................HB 424 SUPERIOR COURTS Civil Practice; who may serve process; change provisions; superior court clerks; provide for filing fees for applications for certified process servers .........H..B 1048 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 Corporations; property held by congregations and religious societies; revise provisions ..................................................................................................... SB 280 Courts; legal services for indigents; dedicate existing fees; provide ......................HR 977 Courts; legal services for indigents; certain fees to fund accused; change provisions.................................................................................................................HB 648 4992 INDEX Elections; add 1 percent judicial qualifying fee to fund the Commission; provide .....................................................................................................................HB 262 Judicial Circuits; superior court judge for certain populations; repeal supplemental expense allowance.............................................................................HB 930 Jury Composition Reform Act of 2011; provide for a modernized and uniform system of compiling, creating, maintaining, jury lists...............................SB 191 Superior Court Clerks; real estate or personal property filing fees; remove sunset date................................................................................................................HB 198 Superior Courts; increase penalties that can be imposed for contempt of court .........................................................................................................................SB 107 Superior Courts; provide additional judge of the Bell-Forsyth and Piedmont Judicial Circuits; initial appointment; election and term of office ........................................................................................................................SB 356 Superior Courts; remove provisions relating to accused consenting to alternate location for session of court; add certain fees to list of priorities.............. SB 50 SUPREME COURT Joint Session; message from Chief Justice of the Supreme Court ........................H..R 1098 T TALBOT COUNTY Floyd C. and Mary McCants Jarrell Memorial Highway; dedicate ........................SR 385 Talbot County; Board of Commissioners; change description of districts............H..B 1076 Talbot County; Board of Education; revise districts .............................................H..B 1077 TATTNALL COUNTY Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 Tattnall County; Board of Commissioners; change description of districts .........H..B 1240 Tattnall County; Board of Education; change description of districts ..................H..B 1239 TAX EXECUTIONS; EXEMPTIONS FROM LEVY AND SALE Levy and Sale of Property; change the amount of certain exemptions ...................SB 117 TAX LEVIES AND EXECUTIONS Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments...............................................SB 234 Georgia Tax Tribunal; create...................................................................................HB 100 Revenue, Department of; various administrative and procedural requirements; change ...............................................................................................HB 846 INDEX 4993 TAXATION AND REVENUE Ad Valorem Tax; exemptions; revise a definition ..................................................HB 289 Ad Valorem Tax; freeport exemptions; revise and change certain provisions..................................................................................................................HB 48 Ad Valorem Tax; motor vehicles; clarify application to be consistent with federal provisions..................................................................................................HB 1056 Ad Valorem Tax; population brackets and census; change provisions...................HB 634 Ad Valorem Tax; preferential assessment of brownfield property; extend under certain circumstances.....................................................................................HB 994 Ad Valorem Tax; prohibit local government on increasing millage rates the same day as other local government which affect all or a portion of same properties subject to increase ............................................................................ SB 1 Alcoholic Beverages; licenses; change certain provisions ...................................HB 1066 Alcoholic Beverages; tax payment and reporting by licensees; change certain provisions..................................................................................................HB 1065 Alternative Homestead Option Sales and Use Tax Act; enact ................................SB 496 Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 169 Bibb County; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 171 Bona fide Conservation Use Property; covenants; change certain qualifications and restrictions ..................................................................................HB 916 Budget Act; zero-base budgeting; provide ...............................................................HB 33 Cemetery and Funeral services; modify provisions relating to funeral directors and cemeterians; preneed escrow accounts; release funds when a monument is placed into a bonded memorial storage program............................HB 933 Charity Care Organizations; establish; provide health care services to the uninsured in this state; definitions; tax credits for contributions ............................SB 475 Coin Operated Amusement Machines; limit on number allowed at location; exception..................................................................................................HB 462 Commerce and Trade; define unlawful lotteries with regard to promotions; revise definition...................................................................................SB 431 County Boards of Education; homestead option sales and use tax; county sales and use tax for educational purposes; delay effective date of Code section ......................................................................................................................SB 412 County Sales and Use Tax; expand the matters included in annual reporting of the expenditure of certain special purpose local option sales tax proceeds .............................................................................................................SB 332 Excise Tax; certain tobacco products; change certain provisions .........................H..B 1071 Flexible Choices Act; provide exemption from insurance laws for certain physician arrangements ...........................................................................................SB 472 Food Standards; to require proper labeling of bottles containing sugar cane or sorghum syrup.............................................................................................SB 300 4994 INDEX Georgia High Risk Individual Reinsurance Pool; provide allocation of a percent of premium taxes collected to offset losses ................................................. SR 24 Georgia Land Bank Act; governing creation and operation of land banks; provisions.................................................................................................................SB 284 Georgia Public Revenue Code; extensively revise provisions; ad valorem tax assessments and appeals from such assessments...............................................SB 234 Georgia Tax Tribunal; create...................................................................................HB 100 Georgia Taxpayer Receipt Act of 2012; website; with an itemized receipt showing how taxes they pay are utilized ................................................................ SB 322 Income Tax; allow certain fiduciaries an exception to the requirement of paying estimated taxes; change certain provisions relating to withholding tax on taxable income of nonresident members of certain associations..................HB 965 Income Tax; job tax credit; change certain definitions; tax credit for film or video production in Georgia; change certain provisions..................................HB 1027 Income Tax; withholding tax on taxable income of nonresident members of certain associations; change certain provisions...................................................HB 967 Income Tax Credit; business enterprises located in less developed areas designated by tiers; provide .....................................................................................HB 868 Income Tax Credit; certain commercial geothermal heat pumps; include..............HB 818 Income Tax Payment; de minimis overpayments and insufficiencies; provisions.................................................................................................................HB 133 Levy and Sale of Property; change the amount of certain exemptions ...................SB 117 Macon, City of; ad valorem taxes; provide homestead exemption; POST certified law enforcement officers...........................................................................SB 170 Mass Transportation; remove the suspension period; use of proceeds from sales and use tax by a public transit system....................................................SB 232 Metropolitan Atlanta Rapid Transit Authority Act of 1965; reconstitute board of directors ..................................................................................................HB 1052 Motor Fuel Tax; expiration date for exemption for certain public transit and public campus transportation systems; extend; change certain provisions regarding exemption for jet fuel ............................................................HB 743 Motor Vehicles; temporary license plates; modify provisions................................HB 985 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Pawnbrokers; provide limitations regarding certain fees or taxes for pawnbroker transactions ..........................................................................................SB 233 Public Transit Authorities; suspension of restrictions on use of annual proceeds from sales and use taxes; MARTA; repeal certain provisions ...............H..B 1051 Revenue and Tax; coin operated amusement machines; revise and add definitions ................................................................................................................HB 164 Revenue and Taxation; Internal Revenue and Internal Revenue Code of 1986; define terms; clarify certain definitions relating to sales and use tax ...........HB 729 Revenue and Taxation; revenue structure; comprehensive revision .......................HB 386 INDEX 4995 Revenue Department; submit report to General Assembly; effect of tax exemptions on the amount of revenue collected by state and local governments.............................................................................................................SB 440 Revenue, Department of; no audit shall be conducted after three years following the filing of sales and use tax return or report ......................................... SB 21 Revenue, Department of; various administrative and procedural requirements; change ...............................................................................................HB 846 Sales and Use Tax; allow certain taxes to be imposed at a rate of less than 1 percent...................................................................................................................SB 395 Sales and Use Tax; distribution for educational purposes; change certain provisions.................................................................................................................HB 896 Sales and Use Tax; distribution of unidentifiable proceeds; limit commissioner's authority .........................................................................................HB 228 Sales and Use Tax; educational purposes; only distributed on basis of full-time equivalent student counts........................................................................H..R 1150 Sales and Use Tax; exemptions; donated food for hunger relief; extend................HB 318 Sales and Use Tax; exemptions; food and beverages to food bank; extend............HB 334 Senate State Fair Tax Study Committee; create ....................................................... SR 28 Setoff Debt Collection; debts owed to public housing authorities; authorize ..................................................................................................................HB 450 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 State Personnel Administration; abolish; transfer certain functions to Department of Administrative Services .................................................................HB 642 State Properties Code multiyear lease agreements; provide for fiscal policies to be adopted by the General Assembly ..................................................... SB 37 Taxation; exclusion to certain income of certain disabled veterans; provide .....................................................................................................................HB 808 Taxation; nonresident subcontractor withholding payments; change required percentage.................................................................................................HB 932 Taxation; provide sales and use taxes shall not apply to amounts paid by transients to travel agents or intermediaries ............................................................SB 244 Taxation; unreturned property; eliminate population provisions; provide penalties .................................................................................................................H..B 1165 Taxes; population bracket under 2010 census; update ............................................HB 407 Taxes; provide any taxes imposed on cigars on or after 1/1/2012 shall be collected and paid through the use of stamps ..........................................................SB 281 Taxes; provide for income tax credit for certain veterans; conditions; limitations ................................................................................................................SB 349 Taxation of Intangibles; rates charged by collecting officers; change certain requirements................................................................................................HB 851 4996 INDEX Taxpayer Protection Amendment of 2011; provide for limitations on state government taxation and expenditures ..................................................................... SR 20 Taxpayer Protection Amendment of 2011; use of supplementary appropriations ............................................................................................................. SR 3 Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide...........................................................HB 806 TEACHERS Education; time frame relative to hearings before administrative law judges; eliminate .....................................................................................................HB 825 TEACHERS' RETIREMENT SYSTEM Georgia State Employees Pension and Savings Plan; transfer of accrued benefit; provide .......................................................................................................HB 295 Retirement; employment of a retired teacher as a full-time teacher; change date of automatic repeal ..............................................................................HB 208 Retirement; provide election; Regents Retirement Plan in lieu of Teachers Retirement ................................................................................................SB 287 Retirement; method of calculating accrued benefits; Employees' Retirement System of Georgia and Teachers Retirement System of Georgia ....................................................................................................................SB 286 State Personnel Administration; make conforming amendments and correct references to abolition and transfer of certain functions to Department of Administrative Services .................................................................HB 805 TELEPHONE AND TELEGRAPH SERVICE 9-1-1 System; revise the fees for service................................................................ SB 482 Georgia Emergency Telephone Number 9-1-1 Service Act; eliminate the 9-1-1 Advisory Committee ......................................................................................SB 344 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; change applicability and requirements; change certain definitions.......................H..B 1049 Georgia Emergency Telephone Number 9-1-1 Service Act of 1977; eliminate Advisory Committee..............................................................................H..B 1080 Public Service Commission; procedure for issuance stocks, bonds, notes; provide exemption from those procedures under certain circumstances.................. SB 32 Public Utilities and Public Transportation; telecommunications; revise and update certain provisions ................................................................................H..B 1115 Telecommunications; revise and update certain provisions; remove telegraph companies from jurisdiction of Public Service Commission ..................SB 454 Universal Access Fund; showing contributions on customer's bills; provide requirements ...............................................................................................HB 332 INDEX 4997 TELFAIR COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Telfair County; Board of Commissioners; change description of districts ...........H..B 1003 TERRELL COUNTY Dawson, City of; change the terms of the mayor and city council members...................................................................................................................SB 507 Terrell County; Board of Commissioners; change description of districts .............HB 777 Terrell County; Board of Education; change description of districts......................HB 833 THEFT OFFENSES Civil Practice; increase the tolling period for limitations for tort actions while a criminal prosecution is pending ................................................................. SB 316 Crimes and Offenses; removal of shopping carts and required posting of Code section in stores and markets; change provisions ........................................H..B 1093 Metals Accountability in Disposal (MAD) Act; provide that only licensed funeral directors and certain persons may sell burial objects as scrap metal ........................................................................................................................SB 311 Property; security deeds; foreclosures; transfer; Georgia Residential Mortgage Fraud and Foreclosure Fraud Act; provisions........................................ SB 123 Residential Mortgage Fraud; mortgage lending process; revise definition.............HB 237 Theft; definitions; provide for the offense of organized retail crime; penalties ...................................................................................................................SB 243 THOMAS COUNTY Thomas County; Board of Commissioners; change description of the commissioner districts; definitions and inclusions..................................................SB 363 Thomas County; Board of Education; change description of education districts; definitions and inclusions ........................................................................ SB 306 THOMSON, CITY OF Thomson, City of; city council; change description of election districts ................HB 927 TIFT COUNTY Tift County; Board of Commissioners; reapportion districts .................................HB 791 Tift County; Board of Education; change description of districts...........................HB 790 TOBACCO PRODUCT MANUFACTURERS Taxes; provide any taxes imposed on cigars on or after 1/1/2012 shall be collected and paid through the use of stamps ..........................................................SB 281 TOCCOA, CITY OF Toccoa, City of; levy an excise tax........................................................................H..B 1296 4998 INDEX TOOMBS COUNTY Toombs County; Board of Commissioners; reconstitute the Board of Commissioners ....................................................................................................... SB 354 Toombs County; Board of Education; change the description of the education districts ................................................................................................... SB 519 TORTS Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .....................................................................HB 1114 Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 Torts; limit liability for a governing authority of a school that enters into a recreational joint-use agreement with a public or private entity ..........................SB 484 Torts; provide for liability for violations of laws relating to abortion; definitions; wrongful death of an unborn child .......................................................SB 210 TRANSPORTATION, DEPARTMENT OF Georgia Public Works and Contractor Protection Act; enact; redefine a certain term; clarify provisions................................................................................... SB 3 Georgia Public Works and Contractor Protection Act; redefine a certain term; provisions ........................................................................................................ SB 27 Highway System; provide authority of Department of Transportation; lease certain state property for industrial or commercial activity ...........................SB 490 Local Government; clarify authority of counties and municipal corporations to enter into such contracts; guaranteed energy savings performance contracts..............................................................................................SB 182 Local Government; define "public works construction"; energy savings performance contracts; does not change or conflict with any existing authority...................................................................................................................SB 113 Public Roads; weights of vehicles and loads; allow a variance for certain vehicles ....................................................................................................................SB 146 State Road and Tollway Authority; provide toll extensions must be approved by General Assembly................................................................................ SB 97 State Transportation Board; provide that member who seeks to qualify for elective office shall first resign from the board.......................................................SB 486 Transportation, Department of; procedures for design-build contracts; revise........................................................................................................................SB 463 Transportation, Department of; mandatory appropriation of fuel tax funds carried from one fiscal year to next; provide...........................................................HB 806 Transportation, Department of; power to contract; amend limitations ...................HB 817 Transportation, Department of; urge to seek alternative options to alleviate motor vehicle congestion throughout Metro Atlanta ..............................S..R 1211 INDEX 4999 Vehicles; commercial wreckers exceeding maximum weight for vehicles on highway system when conducting emergency tow; provide annual permits .....................................................................................................................HB 835 TRANSPORTATION, STATE BOARD OF, ELECTIONS Cole, Jim; elected member....................................................................................P...a.g..e...3..00 Sam Wellborn; elected member............................................................................P...a.g..e...2..98 TREASURY AND FISCAL SERVICES, OFFICE OF State Treasurer; prohibit recalling funds once they have been deposited ................ SB 35 TREUTLEN COUNTY Treutlen County; Board of Commissioners; change description of districts...................................................................................................................H..B 1286 Treutlen County; Board of Education; change description of districts .................H..B 1287 TRION, TOWN OF Trion, Town of; provide new charter....................................................................HB 1118 TROUP COUNTY Troup County Airport Authority; change membership of authority .....................H..B 1063 Troup County; Board of Commissioners; change description of districts ..............HB 701 Troup County; Board of Education; change description of districts.......................HB 702 Troup County; create Board of Elections and Registration; powers and duties........................................................................................................................SB 520 TRUSTS, GEORGIA TRUST ACT; FIDUCIARY POWERS Corporations; property held by congregations and religious societies; revise provisions ..................................................................................................... SB 280 TURNER COUNTY Turner County; Board of Commissioners; change the description of the commissioner districts .............................................................................................SB 528 Turner County; Board of Education; change the description of the education districts ................................................................................................... SB 527 TWIGGS COUNTY State Highway System; dedicate certain portions .................................................H..R 1177 Twiggs County; Board of Education; member compensation; change provisions.................................................................................................................HB 572 5000 INDEX U UNIFORM RULES OF THE ROAD Drivers' Licenses; persons convicted under the influence; allow certain drivers with suspended licenses; limited driving permits....................................... SB 236 Motor Vehicles; provide for definitions; notification of the use of speed detection and enforcement devices..........................................................................SB 444 Motor Vehicles; traffic-control signal monitoring devices; remove provisions.................................................................................................................SB 142 Prosecuting Attorneys; provide; probate courts, municipal courts, and courts exercising municipal court jurisdiction; process of such employment .............................................................................................................SB 352 Rules of the Road; bicycles; single file on roadways not specially designated for the use of bicycles............................................................................SB 468 Rules of the Road; change the inference for identifying driver in cases involving traffic-control signal monitoring devices ................................................. SB 60 Rules of the Road; dedicate the Georgia Move-Over law in memory of Spencer Pass ............................................................................................................SB 168 Rules of the Road; driving under influence with a child in a motor vehicle is a felony.................................................................................................................. SB 13 Rules of the Road; moratorium on the future designation of high occupancy toll lanes................................................................................................ SB 347 Rules of the Road; provide driving under influence of alcohol or drugs by illegal alien is a felony.............................................................................................SB 162 Rules of the Road; require operator of vehicle to leave a safe distance between vehicle and a bicycle; definition................................................................SB 126 Traffic Offenses; fleeing or attempting to elude a pursuing police vehicle; modify provisions ...................................................................................................HB 827 Traffic Offenses; person convicted of endangering a child by driving under the influence; ignition interlock device .......................................................... SB 41 UPSON COUNTY Upson County; Board of Commissioners; change description of districts..............HB 910 USED MOTOR VEHICLE DEALERS AND PARTS Secondary Metal Recyclers; comprehensive revision of provisions.......................SB 321 V VERDICT AND JUDGMENT American Laws for Georgia Courts Act; no court shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution...................... SB 51 INDEX 5001 Clerk of Superior Court Offices; modernize provisions; clarify certain persons shall be ineligible to serve as trial or grand jurors ....................................HB 665 VETERANS AFFAIRS; DEPARTMENT OF VETERANS SERVICE Motor Vehicles; provide "drive-out tags" for trailers; special license plates for prostate cancer awareness, lung cancer awareness and nurses; allow veterans deemed partially disabled to qualify for free plates ........................HB 732 Returning Veterans Task Force; membership; provide duties; recommendations .................................................................................................... SB 329 Taxation; exclusion to certain income of certain disabled veterans; provide .....................................................................................................................HB 808 War Veterans Homes; Veterans Service Board establish residency fee; authorize ..................................................................................................................HB 535 VETERINARIANS AND VETERINARY TECHNICIANS Veterinarians; application for license; revise provisions........................................HB 409 Veterinary Medicine; provide an additional exemption ..........................................SB 324 VICTIMS OF CRIME; CRIME VICTIMS BILL OF RIGHTS Juvenile Justice Department; provide for parole of children committed for commission of designated felony acts; certain circumstances ................................SB 105 VOCATIONAL, TECHNICAL, AND ADULT EDUCATION Education; permit proprietary institutions of higher education to participate in establishing college and career academies ....................................... SB 308 Education; raise age of mandatory education; adult literacy for purposes of conformity; revise provisions............................................................................... SB 49 W WAGES; MINIMUM WAGE LAW Returning Veterans Task Force; membership; provide duties; recommendations .................................................................................................... SB 329 WAIVER OF SOVEREIGN IMMUNITY AS TO ACTIONS EX CONTRACTU; STATE TORT CLAIMS State Government; provide state immunity extend to certain health care providers; engaged in graduate medical programs in Georgia medical facilities....................................................................................................................SB 506 WALKER COUNTY State Highway System; dedicate certain portions .................................................H..R 1177 5002 INDEX Walker County; Commissioner of Road and Revenues; modernize, update; elections, runoffs, expenses, county attorney; revise provisions................SB 525 WALTON COUNTY Walton County; Board of Commissioners; change description of districts ............HB 737 Walton County; Board of Education; change provisions to districts ......................HB 738 WARE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Ossie Davis Parkway; Ware County; dedicate ......................................................S..R 1214 Public Property; authorizing the granting of restrictive easements for facilities, utilities 14 counties ..................................................................................SR 873 Satilla Regional Water and Sewer Authority; members to be elected for unlimited consecutive terms; allow ......................................................................HB 1281 State Highway System; dedicate certain portions .................................................H..R 1177 Ware County; Board of Education; change the description of the education districts ................................................................................................... SB 393 WAREHOUSEMEN 'Georgia Self-service Storage Facility Act of 2012'; definitions; change the due date for monthly rental payments ...............................................................SB 512 WARREN COUNTY Warren County; Board of Education; change description of districts.....................HB 947 WASHINGTON COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 WASHINGTON, CITY OF Washington, City of; change description of council districts................................HB 1277 WASTE MANAGEMENT Conservation and Natural Resources; commercial lawn and landscape companies shall not deposit grass trimmings; within 50 meters of storm drain .........................................................................................................................SB 384 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 Waste Management; permits for municipal solid waste landfill sites; significant ground-water recharge area; provisions ................................................SB 253 INDEX 5003 Waste Management; restrictions on municipal solid waste landfill sites within significant ground-water recharge areas; provisions................................... SB 110 WATER RESOURCES Natural Resources; provide for an extension of the automatic repeal of Code Section 12-5-9 ................................................................................................SB 369 Natural Resources; sewage and waste disposal; permit requirements and prohibited acts; change certain provisions...............................................................SB 415 Public Water Systems; require public water suppliers; transmit customer water consumption data to such county.................................................................. SB 521 Solid Waste Management; extend compliance date; require private water suppliers utilizing a waste-water sewer system to transmit customer water consumption data to county; provide 30 day grace period for buyers of property..................................................................................................................H..B 1102 Water Resources; cooperative efforts for abatement of pollution, order of director, request for hearing; provisions................................................................. SB 269 Water Resources; exempt water withdrawals from a certain portion of the Tennessee River basin .............................................................................................SB 132 Water Resources; exempt water withdrawals; Tennessee River basin restrictions on transfers of water .............................................................................SB 374 Water Resources; regulate interbasin transfers of water; provisions ......................SB 128 Water Resources; require violators to pay for the costs of third-party monitoring................................................................................................................SB 499 WATERS, PORTS, AND WATERCRAFT Courts; juvenile proceedings; substantially revise provisions................................HB 641 Natural Resources, Department of; privacy of certain records and personal information; provide .................................................................................HB 875 Official Code of Georgia; revise, modernize and correct errors or omissions .................................................................................................................HB 942 Salt Water Fisheries Management; extensively revise various provisions; Board of Natural Resources; rules and regulations; revise certain provisions.................................................................................................................HB 869 State Parks; use of boats; public nuisances; revise certain provisions ....................SB 319 Watercraft Operation; 0.08 alcohol concentration; violation; provide....................HB 315 WAYNE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Wayne County; Board of Commissioners; change description of districts...........H..B 1150 Wayne County; Board of Education; revise districts ............................................H..B 1151 5004 INDEX WAYNESBORO, CITY OF State Highway System; dedicate certain portions .................................................H..R 1177 WEBSTER COUNTY Charlie Will Stapleton Bridge; Webster County; dedicate....................................... SR 26 Webster County; Board of Education; change the description of the education districts ................................................................................................... SB 435 Webster County; Magistrate Court; provide the terms of office of magistrates other than the chief magistrate .............................................................SB 436 WEST POINT, CITY OF West Point, City of; levy an excise tax.................................................................HB 1238 WHITE COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 White County; Board of Commissioners; provide new districts.............................HB 970 White County; Board of Education; provide for new districts................................HB 969 White County; provide homestead exemption; ad valorem taxes for county purposes ...................................................................................................... SB 522 WHITFIELD COUNTY Conveyance of certain property; Baldwin, Carroll, Clinch, Coffee, and other counties; authorize........................................................................................H..R 1376 Whitfield County; Board of Education; change description of districts .................HB 848 WILDLIFE Hunting; authorize the use of silencers on hunting firearms under certain circumstances...........................................................................................................SB 301 WILKINSON COUNTY Wilkinson County; Board of Education; change description of districts ................HB 876 WILLIAMSON, CITY OF Williamson, City of; terms of office of mayor and members of city council; change .....................................................................................................HB 1294 WILLS, TRUSTS, AND ADMINISTRATION OF ESTATES Corporations; property held by congregations and religious societies; revise provisions ..................................................................................................... SB 280 INDEX 5005 WITNESSES Courts; juvenile proceedings; substantially revise provisions................................HB 641 Evidence; extend the attorney-client privilege to third persons under certain circumstances................................................................................................ SB 31 Uniform Interstate Depositions and Discovery Act; enact.......................................HB 46 WOODSTOCK, CITY OF State Highway System; dedicate certain portions .................................................H..R 1177 Woodstock, City of; change the corporate limits of the city.................................. SB 495 WORKERS COMPENSATION Workers' Compensation; benefits not paid to noncitizens who are not employed legally......................................................................................................... SB 7 Workers' Compensation; parties to franchise agreement not considered employees; provide .................................................................................................HB 548 Workers' Compensation; settlement agreements between parties; change certain provisions; change certain provisions relating to appointment of conservator for a minor or an incompetent claimant...............................................HB 971 WORTH COUNTY Worth County; Board of Commissioners; reapportion districts............................H..B 1009 Worth County; Board of Education; reapportion districts ...................................HB 1010 WRONGFUL DEATH Homicide; offering to assist in commission of suicide; repeal certain provisions; prohibit assisted suicide .....................................................................HB 1114 Z ZONING Local Government; zoning proposal review procedures; repeal section and reserve .............................................................................................................H..B 1089